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December 10th , 2022 Len’s Letter #57 Unrigging our System – on the House of Representatives side
2022 General Election
Nancy Pelosi. Hakeem Jeffries
When we were taught American history in school, we celebrated each step toward greater democracy in electing our representatives – the end of property requirements for voting, Reconstruction and former enslaved people voting, the direct election of US Senators, women gaining the right to vote. We celebrated state level innovations like referenda.
We may not have paid enough attention to when we went backwards. We retreated from the Reconstruction expectation that the formerly enslaved would have the right to vote and other civil rights. Our current Supreme Court has attacked gains made for women and for gays. We can and will regain those rights; the recently passed Respect for Marriage Act is an example of that.
Schools celebrate the gains of the second reconstruction of the civil rights movement. We celebrate a holiday for Marlin Luther King Jr. We note gains in the operation of Congress. The outgoing Speaker of the House, Nancy Pelosi, is the first woman to lead a party in Congress and the first woman Speaker. Stepping down from the leadership, she is being replaced as leader of the Democrats by Hakeem Jeffries, the first African American to lead a major party in the House of Representatives.
There are flaws still in our democracy, Rights we have not gained. Freedoms we expect that we don’t have. People differ about these. Some identify freedoms lost because of requirements to wear masks during the pandemic or limitations on gun ownership or threats to fetuses. We these concerns seriously because they are important to so many people. We do not, however, have to agree.
For me and many others, other rights lost and freedoms not yet achieved are fundamental. Encroachment on the right to vote is a danger to the existence of democracy. Encroachment through creating obstacles to voting or by manipulating who we are allowed to vote for or against through gerrymandering is another danger to the existence of democracy. There is nothing more central to our lives than our ability to care for ourselves. A prohibition against abortion, that the Supreme Court now allows states to undertake, is an anathema. Allowing a state to prohibit abortions denies women “the equal protection of the laws” and, in effect, denies that women are persons.
During the 117th Congress, the Democrats introduced bills Intended to address flaws in our democracy. The For the People Act was originally proposed in 2019 to the 116th Congress. The proposal
- made voting easier,
- ensured the possibility of an accurate recount,
- introduced public funding for federal elections,
- added ethical requirements including a code of ethics requirement for the Supreme Court,
- admitted the District of Columbia as a state,
- called for independent commissions for drawing congressional districts, and
- decreased the likelihood of tie votes in the Federal Election Commission.
Congressional leaders introduced the Freedom to Vote Act in place of the For the People Act which was not going to pass. The new proposal did not include admission of the District of Columbia as a state, did not change the FEC, and did not have ethics requirements for the US Supreme Court.
The John Lewis Voting Rights Act was also before the Congress. It would have made voting easier, outlawed partisan gerrymandering, required greater disclosure of campaign contributions, and made it easier to sue for election discrimination.
None of these proposals have become law. They are the reforms we need if we are to advance democracy. The 118th Congress is unlikely to do better than the 117th. A majority Republican House will be unsympathetic to these proposals. Perhaps Hakeem Jeffries can devise a compromise that will include something the Republicans want in exchange for passing some of these reforms; something that works for Chuck Schumer and Senate Republicans who would otherwise filibuster.
There have been state and local advances in democracy. Ranked voting, which ensures that the winner of an election actually has a majority of the vote, has been adopted in Maine, Alaska, and elsewhere. The use of non-partisan primaries after which there are run-offs has been in use for decades and, for good or for fill, is a more cumbersome way of ensuring that the winning candidate wins with a majority of the vote. Alaska has adopted both non-partisan primaries with a runoff and ranked voting of the top four candidates. Nevada will try something similar in the next round of voting. Using the referendum process, states have clarified that women are persons with the right to control their own bodies. Kansas and Kentucky are among those states.
Encourage Congress to make one more change – allow multiple member Congressional constituency slates along with proportional representation in Congress. Lee Drutman, a senior fellow at the New America Foundation and the co-founder of Fix Our House, advocates for proportional representation. Most European countries elect some of their Members of Parliament with proportional representation. Israel elects all of its Members of its Knesset that way so that, in general, if a party gets 5% of the national vote, it gets 6 members of the 120 member Knesset. Drutman argues that proportional representation ensures that minority political views have a voice.
The legalization of proportional representation and multiple member constituency slates would have another effect. It would give courts a tool to encourage proper redistricting. The possible imposition of proportional representation could move the majority in a state legislature toward fair redistricting. Two examples of the effect of imposed proportional are below. A state legislature, faced with the possibility of imposed proportional representation might choose to create districts that were not gerrymandered.
In Maryland, if a Democratic slate received the same 67% of votes that Joe Biden received in 2020, under proportional representation Maryland would send 5 Democrats to Congress and 3 Republicans. Now Maryland sends 7 Democrats and 1 Republican.
In Alabama, if a Republican slate received the same 63% of votes that Donald Trump received in 2020, under proportional representation Alabama would send 4 Republicans to Congress and 3 Democrats. Now Alabama sends 6 Republicans and 1 Democrat.
After the 2022 elections, Democrats have greater control of the Senate, but lost control of the House. We should, nevertheless, urge Congress to pass as much as they can from the For the People Act and the John Lewis Voting Rights Act. While we are at it, we should urge Congress to lift the prohibition against multiple member constituency slates so long as proportional representation is used.
We achieve our goal of greater democratization if voting is easier, partisan gerrymandering is prohibited, greater disclosure of campaign contributions is required, some limits are set on contributions, and election discrimination that is more easily subject to lawsuits. Removing the prohibition against multiple member constituency slates for Congress so long as proportional representation is used for voting could be added to the list. It might make a difference.
The 117th Congress is not done yet. There is one more bill that can be passed. We can still urge Senator Schumer and other particularly relevant Senators (Robert Hubbell suggests Murkowski, Romney, Sinema, Collins, Manchin, and Portman) to support HR 5746, the WE, THE PEOPLE ACT. Call today.
If passed HR 5746, the WE, THE PEOPLE Act would
- Reform and empower the Federal Election Commission
- Mandate all special interest campaign donations
- Require candidates for federal office to report donations of $1,000 or more within 48 hours of their receipt to the FEC
- Strengthen rules that prohibit coordination between PACs and individual campaigns
- Permanently ban members of the House and Senate from lobbying Congress
- Close loopholes that allow corporate contractors to avoid registering as lobbyists.
- Prohibit huge bonuses to corporate employees who leave their work to take federal jobs.
- Begin the process to amend the US Constitution to prevent unlimited campaign contributions
Check websites for phone numbers or call the general number 202-224-3121 that will connect you to the Senator you are trying to reach. Call today.
PROVIDE FINANCIAL SUPPORT/VOLUNTEER
Special Election January 10, 2023 – Virginia State Senate
City Councilman Aaron Rouse
Take Back the House in 2024
Inc Mary Peltola (AK AL) (R+15)
Businessman Adam Frisch (CO 03) (R+15)
Inc Jared Golden (ME 02) (R+10)
Non-profit Head Jevin Hodge (AZ 01) (R+7)
Law Professor Kirsten Engel (AZ 06) R+7)
Inc Yadira Caraveo (CO 08) (R+3)
Inc Jahana Hayes (CT 05) (D+3)
Inc Pat Ryan (NY 18) (D+3)
Inc Gabe Vasquez (NM 02) (D+4)
Inc Val Hoyle (OR 04) (D+9)
Inc Seth Magaziner (RI 02) (D+17)
Len’s Political Note #525 Get the House Back in 2024, Part 1
Len’s Political Note #526 Get the House Back in 2024, Part 2