Category Archives: Public Policy and Governance

Vote No Because We Say So…

Like many Americans these days, my husband and I stream our television watching. But we do watch the news on traditional broadcast television, and lately, we’ve been treated to one of those periodic political non-messages, urging us to call on our Congressperson to oppose a bill that “will make us less safe.”

No details, of course, about the bill–only the urgent need to oppose it. It’s a bad bill, and we know it’s bad because the people paying for the advertisement say so.

So what is really going on–other than another example of just how stupid the sponsors of the ad think we are? (Admission: I worry that they may be right about that…) Tom Wheeler of the Brookings Institution has the details.

“A multimillion-dollar campaign is pushing Dems to ditch antitrust reform,” The Washington Post headlined. Of the $36 million spent to date, The Wall Street Journal reports the Computer & Communications Industry Association (CCIA) has spent the most—over $24 million. The CCIA commercials reportedly focused on the swing states of Arizona, Georgia, Nevada, Wisconsin, and New Hampshire. CCIA represents companies such as Amazon, Apple, Meta/Facebook, and Alphabet/Google.

“Don’t Break What Works” is the theme of the CCIA advertisements. “Congress has plans that could stop progress in its tracks, breaking the products and services you love,” the commercial warns. The campaign targets S. 2992, the bipartisan American Innovation and Choice Act that would empower the government to challenge self-preferencing practices of the online platforms if they are determined to be anticompetitive.

Of course, you would never guess that the bill you are being told to oppose had anything to do with anti-trust; no, the voice-over tells us it’s about national security. The advertisement I heard–paid for by something called the Consumer Technology Association– insists that  the legislation is a “national security threat.” It references the Russian attack on Ukraine and “cyber warfare against the U.S.,” and then asks, “Why is Congress considering legislation that makes us less safe?” The commercial doesn’t make reference to a specific piece of legislation, but it concludes with a dark warning:  “Don’t break American technology when we need it most.”

The Brookings report details other, similar ads. Among them:

Another advertising campaign is being run by a heretofore unknown organization named American Edge Project. These commercials also fail to mention what legislation concerns them, how those concerns could be fixed, or how the horrors they warn of could actually happen.

“I don’t understand why some in Congress want to take away the technology we use every day,” the owner of a small plumbing business worries in an American Edge ad. Lamenting “this political campaign against American technology,” Larry Melton of Gilbert, Arizona, warns, “our leaders need to strengthen, not weaken, American technology.”

In another advertisement from the group, small business owner Renee Carlton of Corinth, Mississippi, warns that “some politicians are pushing new laws that will weaken American technology.” The result, she cautions, “will make small businesses dependent on China for the technology we use every day.” Ms. Carlton concludes, “I have a message for Congress. Don’t weaken American technology.”

What will this mysterious bill really do? According to ARStechnica,

The American Innovation and Choice Online Act, cosponsored by Sen. Amy Klobuchar (D-Minn.) and Sen. Chuck Grassley (R-Iowa), would limit Big Tech firms’ ability to “unfairly preference” their own products and services. For example, under the proposed bill, Amazon couldn’t boost search rankings of its private-label products, and Apple and Google couldn’t do the same for their apps in their app stores

These Big Tech platforms  can be immensely useful, but they also have a dark side.

By working both sides of a market, platform owners have unrivaled insights into both buyers and sellers, giving them an advantage when selling their own products and services. In some cases, that can harm consumers. In others, it can harm sellers. So far, antitrust law has struggled to address all the ways that dominant platforms skew markets.

As Klobuchar has pointed out, current law doesn’t address these problems, because existing antitrust measures were written before these platforms came on the scene. Anti-trust laws haven’t been meaningfully updated since the birth of the Internet.

The merits and concerns relevant to this legislation have been debated in Congress, and the bill is supported by the Justice Department. (DOJ’s analysis determined that the legislation would “supplement the existing antitrust laws in preventing the largest digital companies from abusing and exploiting their dominant positions to the detriment of competition and the competitive process.”)

There’s a reason those advertisements don’t tell us that what they oppose is an anti-trust measure that would hamper Big Tech’s ability to exploit dominant market positions. Most Americans wouldn’t see that as an attack on national security, because it isn’t.

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Republicans Do Have An Agenda

A number of pundits have focused on the apparent lack of a GOP agenda going into the midterm campaign season.  They’ve noted that Mitch McConnell (aka “Dr. Evil”) has all but disavowed the list of unpopular proposals that Rick Scott produced earlier this year, and the lack of any other Republican platform.

So there’s no GOP agenda? Texas Republicans beg to differ.

As Heather Cox Richardson recently reported, Texas Republicans have put everything we suspected “out there” for all to see.  And if that platform, that agenda, that fever dream, doesn’t make chills run down your spine, there’s something wrong with you.

Delegates to a convention of the Texas Republican Party approved platform planks rejecting “the certified results of the 2020 Presidential election, and [holding] that acting President Joseph Robinette Biden Jr. was not legitimately elected by the people of the United States”; requiring students “to learn about the dignity of the preborn human,” including that life begins at fertilization; treating homosexuality as “an abnormal lifestyle choice”; locking the number of Supreme Court justices at 9; getting rid of the constitutional power to levy income taxes; abolishing the Federal Reserve; rejecting the Equal Rights Amendment; returning Christianity to schools and government; ending all gun safety measures; abolishing the Department of Education; arming teachers; requiring colleges to teach “free-market liberty principles”; defending capital punishment; dictating the ways in which the events at the Alamo are remembered; protecting Confederate monuments; ending gay marriage; withdrawing from the United Nations and the World Health Organization; and calling for a vote “for the people of Texas to determine whether or not the State of Texas should reassert its status as an independent nation.”

If this autocratic, theocratic and incredibly stupid wish list appeals to even a significant minority of Texans, I hope they will “assert Texas’ status as an independent nation” and secede.  Rational human beings–not to mention people who believe in the rule of law and the clear meaning of the Constitution and Bill of Rights–won’t miss them.

If Americans needed any further evidence of just how far the GOP has deviated from its former beliefs–not to mention sanity–Texans have just provided it.

Unfortunately, the GOP lurch off the radical cliff isn’t limited to Texas.

Here in Indiana, we’ve long had Republican legislators who are looney-tunes–the gun nuts who want everyone to be able to pack heat with no license or background check; the religious warriors who want to define religious liberty as the (limited) right of every American to live in accordance with the warriors’ own religious doctrines; the anti-intellectuals who fear new ideas and want to dictate educational curricula (or just replace the public schools with vouchers to be used primarily at religious schools); and of course, a hearty sprinkling of garden-variety homophobes and racists– but generally, saner heads within the super-majority have somewhat dampened their influence.

We’ve also been lucky that pious Pence was replaced by Eric Holcomb. While I have disagreed with Governor Holcomb on specific issues (sending back $ to taxpayers rather than using those dollars to address Indiana’s myriad deficits, for example), he has mostly been a reasonable and thoughtful official, out of the mold of former Republicans.

The Indiana GOP rejected Holcomb and the so-called Republican “establishment” this week in favor of the cult members and the Big Lie. Diego Morales defeated incumbent Holli Sullivan for the nomination to secretary of state in Indiana — an office documents show once fired him .

Sullivan’s loss is a major blow to the so-called establishment wing of the party, and yet another sign that Gov. Eric Holcomb’s influence is dwindling in his second term. Holcomb had appointed Sullivan in March 2021 after then-Secretary of State Connie Lawson announced her retirement.

As WFYI reported,

Morales’s bid was viewed by many as a challenge to the governor and the so-called Republican “establishment.”

Morales, whose family immigrated to Indiana from Guatemala, has previously pushed the Big Lie that the 2020 election was stolen from Donald Trump. He’s criticized Indiana’s election security, arguing the state needs to do more to prevent non-citizens from voting. And he wants to cut in half the number of early voting days before each election, from 28 days to 14.

“First of all, we are going to be efficient,” Morales said. “Number two, we are going to save some taxpayers money.”

After his win, Morales preached unity among his party. During the convention, many of his supporters booed and heckled current Secretary of State Sullivan.

In red states across the country, very much including Indiana, the inmates are running the asylum. I don’t know where that asylum is located, but it isn’t in the America I inhabit.

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National Service

There are multiple reasons for the current unsustainable degree of American polarization. A primary one, as I have written repeatedly, is a media environment that allows people to choose the reality most consistent with their particular biases. Another is the extreme individualism of today’s culture.

The United States has historically swung between an emphasis on community norms and an insistence on individual rights. (We rarely hit the “golden mean” promoted by the Greeks..) Too much “community” and we live in a society that demands conformity and ignores fundamental liberties; too much emphasis on the individual, and we neglect important–even crucial–aspects of the common good, and what is sometimes called “civil religion”–allegiance to the American covenant that creates community from our diversity. E pluribus unum—out of the many, one.

One of the reasons I have long advocated for universal national service is that programs like Americorp create community. Such programs bring together young Americans from diverse backgrounds and introduce them to the multiple tasks that demand civic collaboration and create a polity. I have always supported national service in the abstract, but during the pandemic, I had the opportunity to see it “close up and personal,” as the saying goes. My youngest grandson took a gap year with Americorp after his high school graduation.

My very urban, upper-middle-class grandson, raised in downtown Indianapolis, joined a group of young people from a wide variety of urban and rural environments. They were headquartered in Mississippi (address of headquarters: Confederate Avenue…) He had always been public-spirited, but he learned a lot from his Americorp teammates and the various states and environments to which they were deployed. It was an altogether salutary experience.

Given the fact that our national government is effectively gridlocked–unable to pass anything other than the most trivial measures–I don’t look for the establishment of a universal or mandatory federal program any time soon. But the Brookings Institution recently reported on the growth of service organizations at the state and local level.

Investing in educational and career opportunities for young adults is a smart bet on the future. And that is exactly what many states, cities, and counties are doing with American Rescue Plan Act (ARP) funds.

More specifically, they are directing portions of the $350 billion in ARP’s Coronavirus State and Local Fiscal Recovery Funds to create or expand service and conservation corps. In corps programs (also referred to as service or national service programs), members serve their community for defined periods of time, working on projects that provide clear societal value, such as building affordable housing, tutoring K-12 students, supporting public health efforts, aiding disaster response and recovery, and contributing to climate resiliency. In return, corps members earn a modest living allowance, gain valuable work experience, build skills, and, in some cases, receive a small educational scholarship. National service programs can offer a structured and supportive pathway into the labor market and postsecondary education, which is especially valuable for young people who otherwise might flounder. And they offer a solid return on investment: An analysis of AmeriCorps identified a cost-benefit ratio of 17.3 to 1. For every $1 in federal funds, the return to society, program members, and the government is $17.30.

President Biden’s “Build Back Better” Act–like so many other measures we desperately need–was stymied by the Senate filibuster. It included a robust Civilian Conservation Corp and other programs that promised a rebuilding of community and civic solidarity.

The continuing gridlock at the federal level doesn’t tell the whole story, however. The linked Brookings report highlights examples of how state and local governments are using  fiscal recovery funds to support service programs.

The list focuses on climate-oriented corps programs, but there are also ARP-funded service programs focused on community needs such as promoting literacy and stemming learning loss among K-12 students.

Much of the activity, interestingly, is at the municipal level. The report cites Austin, Texas; San Jose, California; and Boston, Massachusetts.

The pandemic illustrated another virtue of service programs: flexibility. During the pandemic, these programs adapted to meet the changing emergency needs. The report tells us that AmeriCorps and conservation corps programs “pivoted to address immediate problems: distributing food to people in need; serving as contact tracers; staffing call centers; and setting up beds and triage centers.”

As helpful as these activities were, the likely long-term effects of participation in delivering them will be even more positive. When Americans from all sorts of communities and backgrounds collaborate for the common good and work together to help equally diverse communities, they learn the importance of community writ large. They learn that not everything in life revolves around the individual and/or his tribe.

They are re-introduced to the American covenant.

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How To Rig The Vote

I want to follow up on yesterday’s extra post.

Psychiatrists have a word for it: projection. The “Big Lie” is a classic example–accuse the other team of doing what, in fact, your own guys are doing and/or attempting to do. 

The most obvious cases are the vanishingly few situations in which a particular voter is found to have committed vote fraud of some sort; in every news report of such behavior that I’ve seen, the culprit was Republican. Reliable research shows that individual voting misbehaviors are not only rare, they aren’t the problem. These scattered incidents don’t change results.

We also know that, despite hysterical accusations, non-citizens aren’t descending on polling places and casting votes for “the other side.”

As Paul Ogden has frequently reminded us, the real danger isn’t coming from people casting votes. The threat is that the people counting those votes will be dishonest. So we should all be concerned by that recent report from the Brennan Center.

Across the coun­try, races are well under­way for offices like state secret­ary of state that will play key roles in running the 2024 elec­tions. This year, these races are attract­ing far more atten­tion than in recent memory. Part of the reason for the increas­ing visib­il­ity of elec­tion offi­cials is the spread of the Big Lie that elec­tion fraud “stole” the 2020 race from Pres­id­ent Trump. In state after state, campaigns are focused on elec­tion denial as a cent­ral issue.

In this series, the Bren­nan Center exam­ines the finances and polit­ical messages in contests that are import­ant to the future of elec­tion admin­is­tra­tion. Through­out 2022, we are taking a regu­lar look at relev­ant contests in battle­ground states that had the closest results in the 2020 pres­id­en­tial elec­tion. As candid­ates file disclos­ure forms and inform­a­tion becomes avail­able, we will exam­ine ques­tions such as how much money is raised, who the biggest donors are, how much candid­ates rely on small donors, and how much outside spend­ers like super PACs and dark money groups spend.

After examining available data on races for secret­ary of state in the states in the states in the sample, the Center found some key trends. They are disturbing enough that I am quoting them in their entirety:

Money is flow­ing into secret­ary of state races at a rate not seen in recent memory. Across the six battle­ground states we are track­ing, candid­ates have collect­ively raised $13.3 million, more than two and a half times the $4.7 million raised by the analog­ous point in the 2018 cycle, and more than five times that of 2014.

New data in secret­ary of state contests reveals elec­tion deniers in Arizona, Geor­gia, and Nevada either in the lead or running a close second in fundrais­ing. On the other hand, candid­ates who have condemned elec­tion denial have over­whelm­ing fundrais­ing leads so far in Michigan and Minnesota.

Illus­trat­ing the nation­al­iz­a­tion of secret­ary of state races, national groups and donors are spend­ing to influ­ence them, includ­ing Donald Trump’s lead­er­ship PAC and others with ties to efforts to chal­lenge the 2020 result. On the other side, several national liberal groups are newly becom­ing active in secret­ary of state and local races to support oppon­ents of the Big Lie.

Donors who have not given to secret­ary of state candid­ates before are making major contri­bu­tions with a clear pattern of support for elec­tion denial candid­ates or for candid­ates who are running on the threat elec­tion denial poses to demo­cracy.

Elec­tion denial claims, as well as claims that it is an exist­en­tial threat to demo­cracy, are heat­ing up at the state level, and they are also show­ing up in more local elec­tion offi­cial contests, notably in Geor­gia and Nevada. Super PACs on both sides of the issue spent to influ­ence local races in Wiscon­sin in April. In those elec­tions, of the six candid­ates suppor­ted by outside messaging cast­ing doubt on the last elec­­tion, five won office, and three of those unseated incum­bents.

There is much more detail at the link. The report also collected campaign state­ments and ads premised on or supportive of the Big Lie in ten battleground states. And it identifies the national funders of those efforts. I encourage you to read the entire report.

As the January 6th Committee hearings get underway, we are learning that the insurrection on that date was only one manifestation of a concerted effort at a coup–a deliberate effort to overturn the will of the people that began almost immediately after the election. The Brennan report is evidence–if more evidence was needed–that January 6th was not a “one off” nor a spontaneous event.  The cabal plotting that coup and its fellow-travelers are nothing if not persistent. 

The people screaming “Stop the Steal” are precisely the people intent upon stealing the next election. They have to be stopped.

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Vote Suppression Goes Sophisticated

Tuesday evening, I will facilitate a Zoom conversation sponsored by the League of Women Voters. (If you are interested, the link is to registration–it’s free.)The conversation will follow the showing of a film (“The Fight to Vote”) documenting the methods state legislators and Secretaries of State currently employ to keep “those people” (groups likely to vote for the other party, in this case, mostly Democrats) from casting their ballots.

They’ve gotten a lot more sophisticated since they turned vicious dogs on Black folks, demanded poll taxes and “constitutional tests”–but the new tactics are very effective.

Here is a general outline of the remarks I plan to make introducing the discussion.

________________________

What we’ve just seen shows the ways in which vote suppression has become more sophisticated—and less visible—since Reconstruction. There are actually two main methods of discouraging the vote. The first method is primarily aimed at minorities and poor people, who tend to vote Democratic. The tactic, as you saw in the film, is making it as inconvenient as possible for those people to cast their ballots. The second is gerrymandering, which—among other pernicious things—suppresses the votes of members of the minority party in a particular district by convincing people in that party that their votes won’t count anyway.

And recently, just in case those methods don’t work, they’ve come up with another tactic, triggered by belief in the “Big Lie.”

The film you just saw focuses primarily on the first method: making it more difficult to vote. Some of those tactics, which have been the focus of recent legislation in a number of states, include shortening the window for requesting absentee ballots, making it harder to remain on the voter rolls, not sending mail ballots unless people specifically request them (or “losing” them in the mail), limiting drop box locations and early voting, closing polling places in minority neighborhoods and ensuring that the ones that remain open will have horrendous wait times because they haven’t been supplied with enough voting machines. There are a wide number of bureaucratic moves that can make it much more onerous to cast a ballot if you are in a targeted community. The film gave you a good overview of those moves.

The second method is gerrymandering, which is more destructive of democratic representation than even most of its critics seem to recognize.

Gerrymandering, as you undoubtedly know, is the process of creating districts that will favor the party that controls the state legislature during redistricting. In some states, that’s the Democrats; in Indiana, it’s Republicans. Thanks to gerrymandering, Indiana doesn’t have “one person one vote” because the rural areas where Republican voters live are vastly overrepresented.

Gerrymandering allows the GOP to control our state legislature with supermajorities even when voters prefer Democratic candidates by thousands of votes statewide. We are not unique; In 2021, the Cook Report calculated that only one out of twenty Americans lived in a competitive Congressional District.

It isn’t hard to see how gerrymandering suppresses the vote. A lack of electoral competitiveness breeds voter apathy and reduces political participation. Why get involved when the result is foreordained? Why donate to or campaign for a sure loser? Why vote at all?

It’s also very difficult to recruit credible candidates to run on the ticket of the “sure loser” party. As a result, in many of these races, even when there are competing candidates on the general election ballot, the reality is usually a “choice” between a heavily favored incumbent and a marginal candidate who offers no genuine challenge. In a depressingly large number of statehouse districts, the incumbent or his chosen successor is unopposed even by a token candidate. If you don’t have a candidate to vote for, why go to the polls?

Now, there’s something new to threaten American democracy and the vote. Recently, in several states, Republicans who purport to believe in the Big Lie have embarked on yet another method of ensuring the victory of their candidates—placing partisans in the offices responsible for counting the votes.

If they succeed, the danger won’t come from people casting improper votes. The threat is that the people controlling the voting rolls and counting those votes will be dishonest partisans, which is why a recent report from the Brennan Center is so concerning. This year, races for Secretary of State—the offices charged with administering the vote– are attract­ing far more atten­tion than in recent memory. And in state after state, those campaigns are focusing on elec­tion denial—Trump’s “Big Lie” as a cent­ral issue.

Money is flow­ing into these races at a rate not seen in recent memory–more than two and a half times the amount raised by the analog­ous point in 2018, and more than five times that of 2014. Elec­tion deniers in Arizona, Geor­gia, and Nevada are currently either in the lead or running a close second in fundrais­ing. National groups and donors are spend­ing on these races, includ­ing Donald Trump’s lead­er­ship PAC and others with ties to efforts to chal­lenge the 2020 result. Donors who haven’t previously given to secret­ary of state candid­ates are suddenly making major contri­bu­tions.

If this effort is successful, partisans won’t have to come up with creative ways to suppress the vote. There will be an actual “big steal.”

Obviously, all of this activity is inconsistent with American democracy. All of it rejects the notion that “We the People” elect our representatives. Instead, partisans—who are mostly but not exclusively Republicans these days— decide which people deserve to have their registrations honored and their votes counted.

As Common Cause folks put it, we voters are supposed to choose our legislators—our legislators aren’t supposed to choose their voters.

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