NYTimes Letter to the Editor: Deportations for Minor Offenses
New York Times - April 13, 2014 To the Editor: Re “...
New York Times - April 13, 2014
To the Editor:
Re “More Deportations Follow Minor Crimes, Data Shows” (front page, April 7):
It’s a mistake to focus the debate about immigration enforcement on the question of which immigrants are sufficiently “criminal” to deserve deportation. When the Obama administration talks about deporting people with convictions, they are talking about people who have already served their sentences for those convictions.
If you are a citizen who commits an offense, you pay the penalty issued by the criminal legal system, and then you are free to try to rebuild your life. If you are a noncitizen who commits that same offense and pays that same penalty, you can be subjected to the double punishment of permanent exile from your home and family.
This two-tiered system of justice is morally abhorrent regardless of how serious the underlying offense may have been. It’s an unfairness compounded by the well-documented unfairness of the criminal legal system itself, which disproportionately targets poor people and minorities.
Let’s not rely on our corrupt criminal justice system to justify the operations of our corrupt immigration system.
EMILY TUCKER Brooklyn, April 7, 2014
The writer is staff attorney for immigrant rights and racial justice at the Center for Popular Democracy.
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Activists swarm Senate offices to protest Republican health care bill; 155 arrested
Activists swarm Senate offices to protest Republican health care bill; 155 arrested
Crowds of activists swarmed Senate offices Wednesday to protest the Republican Party's proposed plan to repeal...
Crowds of activists swarmed Senate offices Wednesday to protest the Republican Party's proposed plan to repeal Obamacare.
Lining hallways across Washington, participants staged multiple demonstrations looking to voice their dissatisfaction with Majority Leader Mitch McConnell's intent to dismantle Obamacare without a replacement following the implosion of the Republican Party's latest Senate health care bill.
Read the full article here.
If Politicians Actually Want to Make Change, They Have to Think Like Organizers
If Politicians Actually Want to Make Change, They Have to Think Like Organizers
In 2011, after years of entrenched fighting between businesses and labor supporters, and months of negotiation in the...
In 2011, after years of entrenched fighting between businesses and labor supporters, and months of negotiation in the city council, Seattle’s paid sick-leave ordinance came down to a walk in the park. The bill’s sponsor, councilmember Nick Licata, invited his colleague Tim Burgess, the council’s stalwart fiscal conservative, for a stroll around Green Lake. At that point, few council members were willing to support the bill and Licata was nowhere close to the five-vote majority he needed.
“I figured, in some ways, the swing vote would be Burgess,” Licata explained. “Given his standing in the business community, if he supported it, then other council members would come out and support it. It would have a domino effect.”
Walking side-by-side around the park’s lakeside path, Licata learned that Burgess wanted only minor concessions. Licata brought those back to his coalition of sick-leave supporters, who agreed to most of them. The bill, which had been stuck for years in legislative limbo, began to move. Burgess voiced his support, other councilmembers followed, and Licata wrangled the votes necessary to pass one of the country’s first laws requiring all employers to provide paid sick time to workers.
Laws like this help make Seattle the progressive city it is. In the past five years alone, Seattle has become the first major city to enact a $15 minimum wage; banned the use of plastic bags; sanctioned homeless encampments on city property; helped lead the charge on statewide votes for legal marijuana and marriage equality, and more. To hear most residents tell it, this progressive streak is as inevitable as good coffee or the craggy face of Mount Ranier—the natural outcome of a city peopled by good liberals who want to do the right thing.
But, as the long fight to win paid sick leave suggests, Seattle’s progressive laws are anything but inevitable. The city’s businesses fight tooth and nail against every attempt to improve worker rights and pay, threatening an exodus to friendlier climates. And while Seattle residents say they want the city to be affordable and want to help the rapidly growing homeless population, they also show up in force to protest affordable-housing measures and proposals to open more temporary homeless encampments.
What has fueled Seattle’s progressive victories, then, isn’t some mystery potion or innate Northwestern goodness, but the same hard work that has forced progress in other cities: grassroots organizing, tenacity, and political allies like Nick Licata. For 18 years, Licata has been one of the most reliable forces inside City Hall pushing and prodding Seattle to be a more humane city.
Since his election in 1998, Licata has had his hands in every piece of progressive legislation to pass through City Hall. He fought years of serious opposition to pass the Rental Registration and Inspection Ordinance, championed paid sick leave and the $15 minimum wage, created Seattle’s first lobbyist-registration law, pushed for sanctioned homeless encampments, and much more. He also fought against public funding of sports stadiums, a bill to outlaw panhandling, and plenty of other attempts at city-sanctioned discrimination.
Throughout his time in office, Licata was doggedly consistent in both his political ideology and his commitment to progressive causes. Among his colleagues, he was often the one vote to the left of all others, but they respected his attention to detail and willingness to work with everyone. Licata’s consistency and legislative success helped him build a citywide progressive base that reelected him every time he ran. Occasionally, it even won him accolades outside his adopted city. The Nation named him Most Valuable Local Official in 2012.
Beyond advancing progressive policy, Licata’s time in office helped carve out a space for the current progressive bloc of councilmembers, including Kshama Sawant, Mike O’Brien, and Licata’s longtime legislative aide turned successor, Lisa Herbold. It is of course overly simplistic to draw a straight line from Licata to those that came after him, but his ability to stay true to his values while getting things done helped pull Seattle’s traditionally centrist electeds to the left and proved that voters support progressives.
“Nick, for so long, fostered and cultivated this progressive wing of Seattle,” said O’Brien. “One of the things I learned from Nick is you don’t need to shy away from progressive values. You can embrace them.”
Since his election in 1998, Nick Licata has had his hands in every piece of progressive legislation to pass through Seattle's City Hall.
Last December, Licata finished his final term as a city councilor—a move he was careful not to frame as retirement. He is not ending his political work, just changing the form it takes. Some of his time will be spent working with Local Progress, the nonprofit network of progressive local politicians he helped found in 2012. Some of it will be spent promoting his recently published book, Becoming A Citizen Activist, which is part memoir and part how-to guide for navigating local government. All of it is in service of Licata’s theory of the city as a tool for movement-based social and political change.
“With Congress deadlocked and state governments largely taken over by the right wing, large urban areas are the last bastions of progressive strength,” he explained. “But it’s hard to manifest that into political power. We need to start going where our strength is and building out from that.”
* * *
Licata’s attempt to seed state and national change by fomenting shifts at the local level is, in many respects, the logical conclusion of a career built on grassroots activism.
Licata was born in Cleveland in 1947, the son of traditional working-class Catholics who never graduated from high school. His turn towards progressive politics began during his college years at Bowling Green State University, where he helped found the school’s chapter of Students for Democratic Society, and solidified in 1970, when he was a graduate student at the University of Washington protesting the war.
After grad school, Licata moved into PRAG House, a commune that would serve as home base for 25 years of organizing and activism that eventually launched his political career. Like a true Renaissance lefty, he had hand in almost all the consequential battles of the age, as well as some of the less consequential ones. He published a directory of Seattle community groups and social services called the People’s Yellow Pages; helped form Coalition Against Redlining; launched an alternative weekly called the Seattle Sun; helped organize an annual 24-hour dance marathon called Give Peace A Dance to raise money for nuclear disarmament TV ads; and co-founded Citizens For More Important Things to fight public funding of new baseball and football stadiums in Seattle, among other things.
Much of Licata’s activist career was paid for by his work as an insurance broker, a kind of Wallace Stevens of the activist left. But after 15 years of this arrangement, Licata was unhappy and his bosses expected him to become a manager.
He left to run for city council.
* * *
In Licata’s first run at council, he was the underdog against Aaron Ostrom, a popular city staffer with establishment backing. Despite being outspent and running without major endorsements, Licata was able to organize his broad activist networks to show up at the polls and elect him.
“I was somewhat isolated [as a progressive]. I could tell my new colleagues thought I was going to be temporary. The first day in office I didn’t have a chair, though I think it was an oversight,” Licata said.
Nonetheless, Licata managed to prove his efficacy. Years of working in insurance gave him a keen eye for detail and in his first year in office, he found an extra $50,000 that had not been allocated in the budget.
Licata’s attempt to seed state and national change by fomenting shifts at the local level is the logical conclusion of a career built on grassroots activism.
“It’s a trite term, but I think I earned their respect,” said Licata. “Not that I was brilliant, but I dug into things more than usual.”
He also proved he knew how to work the system. Licata’s first major victory was killing Seattle’s bid to host the 2012 Olympics.
“It was almost like drowning the golden child. Even I was very supportive to start. Who doesn’t like the Olympics?”
But as he dug into the contract and read about other host cities, Licata realized Seattle would have to take on any financial liabilities from the games and likely wind up with a pile of debt.
“The people we’re supposed to serve most, not the tourists, not the people coming in, not the investors, not the businesses, but the people living here? They don’t gain. In fact a lot of them lose,” Licata said.
He started his uphill battle with his most conservative colleagues, highlighting the financial case against hosting the Olympics. He got his message out to local journalists who started covering the issue. He also hosted a public forum downtown in the go-to journalist watering hole. The room was packed with people who had come to listen to a panel of experts make the case against the Olympics (the pro side declined his invitation). He commissioned a countywide poll that showed people were against the bid when they knew about the debt. The council slowly came around and, in the end, eight of nine members signed a letter in opposition to the bid. Because no councilmember was willing to sponsor a resolution in support, the issue died.
Licata’s organizer approach to legislating and willingness to work with everyone was a recurring theme of his time in office and served him well in his proudest victories.
Getting the Rental Registration and Inspection Ordinance—a basic law that requires landlords to register rental properties so the city can make sure they’re up to code—took six years of negotiations between advocates and the Rental Housing Association.
The Paid Sick and Safe Time bill was a similarly big lift that required years of brokering negotiation between labor, activists, and businesses. Councilman O’Brien says that tenacity was an example of Licata at his best.
“He’s watching it and figuring out ‘where are my votes, who’s with me, now where do I get the next vote? I think we need to have a brown bag, we need a town hall, I need to build momentum. What are the obstacles that keep you from supporting this? Can we work on that?’” O’Brien explained.
Licata’s organizer approach to legislating and willingness to work with everyone was a recurring theme of his time in office
He continued, “The bill that came out in the end wasn’t exactly how anyone wanted it in the start, but it was great. He had the ability when he was driving something to be really aware of the politics on the floor, what changes he needed to make, how to manage that dynamic.”
Licata readily admits he can’t take sole credit for $15 Now’s success or many of the city’s big progressive victories. But he’s proud of the role he’s played as an activist on the inside connecting the fist-raised activists he came up with and the establishment whose support and votes are critical for political success.
“I’m not very good at sports analogies. But I think I’m like the midfielders in soccer. They make sure the ball gets to the striker or keeps the ball away from their own goalie. But they don’t end up on the front cover.”
Now that he’s left office, Licata wants to see if he can take his mid-fielding talents national to see if cities’ progressive momentum can combat state and national conservatism.
* * *
The idea that like-minded local politicians need to work together to bolster regional and national progressive policy is at the heart of Local Progress, the nonprofit Licata co-founded with New York City Councilman Brad Lander in 2012. They point to the minimum-wage movement as example of their success. The $15 Now effort started in Seattle then spread to other cities and gained enough momentum to get introduced at state and national levels.
The organization is young and only recently raised enough money to hire staff, but it has succeeded in recruiting 400 members in 40 states, the majority of whom are elected officials. Local Progress’ work is a mix of big-picture enthusiasm building and nitty-gritty policy work.
Licata is working part-time with Local Progress to explore how best to accomplish regional organizing. The work is rooted in a feeling that there’s no choice but to focus on cities.
Lander said, “There’s still a lot cities can do on their own through legislation and policy, as we’ve been seeing. When cities get together they can make changes in their states. Then start to make those changes nationally.”
"I think you can change the world and you have to. You just have to go about it strategically and it takes some time.” —Nick Licata
Michael Kazin, Georgetown University history professor and co-editor of Dissent magazine, agreed that ever-more-progressive city politics have helped shift the national conversation. But without a corresponding movement of national progressives activists, local politicians can only do so much.
“There has to be a left populist movement. It can’t at all dismiss the importance of race and gender and sexual orientation and environment. All that’s right. But you’re not going to win majority without having a majority,” said Kazin.
He continued, “You need a lot of young people who are excited about politics and activists, and not just at election time.”
That is, in some ways, what Licata hopes to engender with his new book. As the name implies, Becoming A Citizen Activist is Licata’s attempt to share the lessons he’s learned to help people effectively navigate city politics.
Perhaps the most important of those lessons is that success comes from barely perceptible micro-victories that build into movements and major victories in the long term.
“Everyone becomes disappointed in the gap between the ideal and the deliverable,” said Licata. “You’re not going to change the world overnight. I think you can change the world and you have to. You just have to go about it strategically and it takes some time.”
Licata’s 18 years in office and over 40 years of community activism in Seattle are certainly evidence of that. His many losses and half wins and small steps forward have added up to marked change in Seattle over time. Of course, like most cities, Seattle is still a deeply inequitable place with a growing gap between rich and poor. But Licata’s work has helped give progressives a platform from which to combat those inequities. And given that, it seems possible that bringing that same detail-focused, local approach to the national stage might eventually bring about national progressive change.
By Josh Cohen
Source
EXCLUSIVE: Latino, immigrant construction workers more likely to die on job in NYC: study
New York Daily News – Thursday, October 24, 2013 - Just 41% of all construction workers in New York City identify...
New York Daily News – Thursday, October 24, 2013 -
Just 41% of all construction workers in New York City identify themselves as Latino — but they account for 74% of the fatalities from accidents.
One worker was pouring concrete in a construction site on Brooklyn’s Brighton 5th St. when the building’s fourth floor collapsed, smashing down to the second floor and crushing him to death.
Another was removing pipe from a warehouse when it suddenly shifted, causing him to fatally fall 10 feet to the ground.
A third was up on a ladder installing safety gear for a construction site when he accidentally touched a live electrical wire and fell through the building’s ceiling. He dropped 92 feet to his death.
All of these incidents happened in New York City in 2011, and when inspectors looked into the deaths, they found multiple workplace violations and, on a form, checked the same box — identifying the workers as “Latino and/or immigrant.”
Latino and immigrant construction workers are dying on the job in New York City in disproportionate numbers, according to a new study set to be released Thursday.
A review of all of the fatal falls on the job investigated by the federal Occupational Safety and Health Administration from 2003 to 2011 found that 74% of construction workers who died were either U.S. born Latinos or immigrants.
According to census figures, just 41% of all construction workers in New York City identify themselves as Latino.
“The data we have demonstrates that Latinos and immigrants are more likely to die in these types of accidents,” said Connie Razza from the Center for Popular Democracy, which compiled the report.
Safety violations are more common at job sites run by smaller, non-union contractors — which in turn are more likely to hire immigrant day laborers, the report’s researchers said, citing a New York State Trial Lawyers Association study.
“Contractors aren’t taking simple steps to protect their workers,” said Razza. “They are not providing the training and the safety equipment that are required by law.”
Immigrant workers — especially day laborers — may be reluctant to report safety hazards because they are afraid of being told to leave for the day or losing their job altogether, advocates say.
Razza’s group is fighting potential changes to New York state’s scaffold law, which holds owners and contractors who did not follow safety rules fully liable for workplace injuries and deaths. They say the law gives businesses a strong incentive to keep workplaces safe.
“We really see that law as a necessary stopgap for the workers who work at elevations,” she said.
But contractors who are seeking to modify the law — so that jurors can consider evidence from contractors when making monetary decisions instead of holding them strictly liable — say it goes too far and has caused their insurance costs to skyrocket.
State Assembly leaders have historically blocked proposed changes.
“All we’re looking for is the ability to have the same right as anybody else would in the American jurisprudence system,” said Louis J. Coletti, president and CEO of the Building Trades Employers’ Association.
“Over the last 3 years, insurance costs for general liability on the private sector have increased over 300%.”
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Activists launch #BackersOfHate to call out major companies with ties to Trump
Activists launch #BackersOfHate to call out major companies with ties to Trump
Activists are fearlessly taking on some of the biggest corporations in the U.S., calling them out for their ties to...
Activists are fearlessly taking on some of the biggest corporations in the U.S., calling them out for their ties to President Donald Trump.
A newly launched website called BackersOfHate.org breaks down how nine major corporations are affiliated with the Trump administration and the ways they will gain from the Trump agenda. The website also outlines current company policies that already negatively impact people of color, immigrants, Indigenous communities, and low income populations — similar to critiques of the Trump agenda.
Read the full article here.
Rick Kriseman, Karl Nurse urge presidential pardons to keep immigrant families together
Rick Kriseman, Karl Nurse urge presidential pardons to keep immigrant families together
St. Petersburg Mayor Rick Kriseman and City Council member Karl Nurse on Wednesday joined a national letter from local...
St. Petersburg Mayor Rick Kriseman and City Council member Karl Nurse on Wednesday joined a national letter from local elected officials to President Barack Obama calling on him to protect hundreds of thousands of immigrant families by issuing a pardon for lawfully present immigrants with years-old or low-level criminal offenses.
The letter is signed by 60 local elected officials. It kicks off a week in which the president’s legacy on immigration will be at stake, with confirmation hearings and a national day of action that will highlight his record of both deportation and protection, and potentially show just how much could be dismantled by the incoming administration.
The White House has rejected previous calls for pardons for undocumented immigrants, asserting that a pardon cannot be used to grant people lawful immigration status. However, for legally present immigrants who already have status, but who face the risk of deportation based on minor and old convictions, a presidential pardon could provide durable protection against deportation that could not be undone by any future president.
Many of those who would be affected by the pardon were convicted of minor offenses, such as jumping a turnstile. In many cases, the offenses occurred decades ago. The letter joins Local Progress members with over 100 immigrant rights groups who made the same request to the president late last month. Forgiving all immigration consequences of convictions would guarantee that individuals can stay with their families and in their communities. Local Progress is a network of progressive local elected officials from around the country united by our shared commitment to equal justice under law, shared prosperity, sustainable and livable cities, and good government that serves the public interest. Local Progress is staffed by the Center for Popular Democracy.
As local elected officials, the signers of the letter see the impacts of a broken immigration system up close and in their communities, every day. Indeed, localities are often forced to deal with the consequences of deportation, be it in a family, business, child or broader neighborhood.
“As an immigrant who legally came to this country as a child, I have a brother and a sister who could be deported if they had committed a misdemeanor anytime in the last 58 years. So this is personal,” Nurse said.
Kriseman added: “I applaud Councilman Karl Nurse for joining this effort and offer my enthusiastic support. I trust President Obama will do the right thing for our immigrant families in his remaining days in office.”
There is a significant historical precedent for this type of presidential pardon.
Categorical pardons have been used to grant clemency to broad classes of people in the past by presidents ranging from Abraham Lincoln to Jimmy Carter, the latter of whom issued a pardon to approximately half a million men who had broken draft laws to avoid serving in the Vietnam War.
dons to keep immigrant families together
By ANNE LINDBERG
Source
Poor People’s Campaign Training Attacked by Pepper Spray
Poor People’s Campaign Training Attacked by Pepper Spray
You can help. Donate so organizers can hire peace monitors to protect their meeting spaces. The Center for Popular...
You can help. Donate so organizers can hire peace monitors to protect their meeting spaces. The Center for Popular Democracy has agreed to raise the money on their behalf all proceeds from this Crowdrise will go to support Alaska Grassroots Alliance.
Read the full article here.
Did two women in an elevator just change everything?
Did two women in an elevator just change everything?
Jeff Flake loves decorum, but it doesn't look like it was decorous behavior that moved him to reconsider a vote that...
Jeff Flake loves decorum, but it doesn't look like it was decorous behavior that moved him to reconsider a vote that could change the country's future. Was it two women in an elevator, yelling at him?
Read the full article here.
From a Contentious Election to a Stronger Democracy
From a Contentious Election to a Stronger Democracy
Reviving our democracy will be a paramount challenge for the new administration. The intertwined issues of race,...
Reviving our democracy will be a paramount challenge for the new administration. The intertwined issues of race, inequality, and democracy have been at the center of the 2016 campaign. Hillary Clinton put it well at the Democratic National Convention in July: “Our economy isn’t working the way it should because our democracy isn’t working the way it should.” The close primary challenge to Clinton by Senator Bernie Sanders was driven by the widespread feeling that big money is crowding out the voices and views of the people. Fights over voting rights have roiled states around the country. And in a perverted way, these issues have fed Donald Trump’s appeal, too. Many Americans feel unheard and unrepresented. Trump conflates real issues of the dominance of money with the paranoid message that voter registration and voting tallies are “rigged” as well.
Fifteen years ago, in the wake of the debacle election of 2000, The American Prospect published a special report entitled “Democracy’s Moment.” Today is another such moment, when we urgently need to reclaim our democracy in order to restore both the legitimacy of government and its capacity to solve problems. But the promise of democratic revival will be realized only if an effective fight is made. That will require serious presidential leadership, congressional courage, state and municipal experimentation, real change in the Democratic Party, and, most of all, the active engagement and sustained pressure of an organized democracy movement.
At the center of these efforts are three key areas: the need for expanding access to registration and voting; measures to keep money from crowding out citizens’ voices; and reforming gerrymandering and redistricting. These are not just “good government” or “process” issues. They are intimately connected to the ability of government to engage citizens and solve problems.
Reclaiming our democracy is connected to achieving real debate and progress on key substantive issues.
Reclaiming our democracy is connected to achieving real debate and progress on key substantive issues. These include raising the economic floor, protecting and rebuilding the middle class, crafting inclusive immigration policies, making college truly affordable, winning police and criminal justice reform, addressing the consequences of globalization, and protecting our planet. If politics can be about these deeply felt issues, people will be less cynical about democracy and government, and more willing to participate. In turn, the increased participation made possible by making the process more accessible, less manipulated, and less dominated by big money will dramatically change the dynamics of issues as well as elections, and enable far more substantive victories going forward.
I. Fighting Voter Suppression and Expanding Access
Immediately after the Supreme Court’s Shelby County v. Holder decision in 2013, which overturned federal preclearance authority for voting-system changes in jurisdictions with records of discrimination, almost every state previously covered by Section 5 of the Voting Rights Act raced to put voting restrictions in place that made it harder for communities of color, poor people, and young people to vote. In the name of “preventing fraud,” and even of saving money, restrictive measures were successfully passed in 22 states.
Since then, hard-fought political and judicial fights have been waged. While the terrain is still sharply contested, important victories have been won in preventing these suppressive practices from being fully implemented. One emblematic fight was in Alabama, where the legislature passed a strict photo-ID requirement for voter registration and the Motor Vehicles Department closed down almost all of its offices as a “cost-saving measure.” The fight ensued, and the state reopened most sites, but on a more limited basis. In North Carolina, the omnibus voter-suppression law passed in 2013 has been rolled back in court, provision by provision, in rulings by the Fourth Circuit that were recently affirmed by the U.S. Supreme Court.
Cynical purging of voter rolls is a problem in several states. In Georgia, Ohio, and Virginia, lawsuits by Dēmos and Common Cause are in process, challenging aggressive purging procedures employed by secretaries of state, which erase hundreds of thousands of potentially eligible people from the rolls and violate National Voter Registration Act requirements. In Georgia, between October 2012 and November 2014, Georgia Secretary of State Brian Kemp purged more than 370,000 voters from the rolls for failure to vote, a number that far exceeded the number of all new voters registered. In Ohio, Secretary of State Jon Husted purged 144,000 voters from the state’s three largest counties in 2015. (On September 23, the Sixth Circuit Court of Appeals struck down this purge as violating the National Voter Registration Act.)
Even when they are not manipulated for partisan purposes, voting systems in many states are outmoded, inefficient, and underfunded—and vulnerable to attack. Improving administration and coordination, and winning stronger standards and enforcement, is less sexy but really important. When the Help America Vote Act (HAVA) was passed in 2002, the Election Assistance Commission (no authority in that title!) was designed to be weak, and partisan obstructionism over recent years has rendered it virtually useless. States have found ways to cooperate, such as through the Electronic Registration Information Center (ERIC). But there is a desperate need for national standards, for new investments in voting machines and technologies, better training and pay for poll workers, all with absolute safeguards against hacking and fraud. The issues now arising about the potential for sophisticated foreign hacking should force far more attention to these administrative security issues, and also be the pivot to open a real discussion of professionalizing and standardizing our elections, as well as protecting them from electronic attack.
As these fights over voter suppression in the states have raged, Republicans in Congress have refused even to hold hearings on restoring the full protections of the Voting Rights Act. This is a turnaround by House and Senate Republicans on the law. In the VRA’s most recent reauthorization, in 2006, the Voting Rights Act passed 98–0 in the U.S. Senate, 390–33 in the House, and was signed into law by then-President George W. Bush. Better than almost anything, this shift shows the need for a major push on a Democracy Agenda in 2017.
However, the struggles on the state level have not been only defensive. There is an affirmative voting-access agenda as well—real reforms have been achieved, and significant groundwork has been laid for dramatic advancements in the future.
Expanding Voter Registration. Thirty-one states and the District of Columbia have adopted online registration, often with bipartisan support. Same-day registration, which has been shown to increase participation by 5 percent to 7 percent, is now law in 13 states and the District of Columbia. In three other states—California, Hawaii, and Vermont—the law has been passed but not yet implemented. In North Carolina, the attempt to rescind same-day registration has been one of the policies blocked by recent court actions. Preregistration of 16- and 17-year-olds brings young people into the system so they can be prepared to vote at 18, and more than half the country now offers the reform, in red and blue states alike.
Restoring Voting Rights. Significant progress has been made in several states toward restoring the voting rights of citizens with felony convictions. Maryland last year passed legislation restoring the right to vote to individuals upon completion of prison sentences, without having to wait until after probation or parole. When Governor Larry Hogan vetoed the bill, the House and Senate overrode him in February, restoring the voting rights of 40,000 people. In Virginia, despite strong opposition, Governor Terry McAuliffe recently restored the rights of 13,000 people, as the beginning of a larger process.
Expanding the Use of the NVRA. One creative approach has been the use by advocates of the provisions of the National Voter Registration Act (NVRA, often called “Motor Voter”), which requires state agencies—not just DMVs, but all agencies that offer federal benefits—to affirmatively offer people voter registration. De¯mos and Project Vote have led efforts to push state agencies to do their job, and more than three million additional voters have been registered at social-service agencies in 16 states that have changed their procedures, with the biggest gains being in Missouri and Ohio.
Automatic Voter Registration. AVR is a process in which the state, through state agencies (DMVs for now, but potentially others as well), places eligible voters automatically on the rolls. Oregon first passed the reform in March of 2015, and roughly 12,000 new voters per month have been added to the rolls—three times the registration rate before the state adopted AVR. California quickly followed Oregon, and Vermont, West Virginia, and Connecticut (by administrative order) have since adopted it, with some variations. The Illinois legislature passed AVR with strong bipartisan support just this May, but Governor Bruce Rauner vetoed the bill. With an override unlikely, advocates are uniting behind an effort for a veto-proof majority in 2017.
Expanding Early and Mail-in Voting. Early-voting opportunities have expanded significantly, and are now practiced in most states, either in precincts or at central vote centers. Voting by mail has been expanded as well. Both Washington and Oregon have gone almost exclusively to mail-in ballots, and Maryland recently expanded both mail-in and early-voting options. Colorado has built one of the most expansive systems, offering mail-in and early voting, with same-day registration available as well.
II. Fixing the Rigged System of Money in Politics
Despite the obvious and profound negative effects of our campaign-finance system, efforts to change the way money operates in our politics have been stymied at almost every turn. The campaign finance laws created after Watergate held for a while. But over the last 40 years, they have been undercut by a conservative legislative offensive, a relentless legal assault, terrible rulings from the Roberts Court, skillful evasion, partisan gridlock, and bipartisan political resistance at the state and national levels. Even though there is agreement among large majorities of voters of all party affiliations on the magnitude and impact of the problem, this has not produced the political will for the kind of major change that is needed.
Small-Donor Matching. Despite the money-is-speech doctrine, real gains can and have been made at the state and local level, mainly through systems of small-donor public financing. Maine, Arizona, and Connecticut, along with such cities as New York, Los Angeles, and Albuquerque, have succeeded in winning reforms that reduce or end reliance on the traditional donor class. Recently, reform coalitions have won new small-donor systems in Seattle and Montgomery County, Maryland. There are ballot initiatives set this November for Washington state, South Dakota, and Howard County, Maryland, and a successful advisory referendum in Chicago in February has set up the possibility for progress there.
These systems have been shown to produce real change. In Connecticut, whose system was adopted in 2005 and has been in place since the 2008 election cycle, candidates for governor, other state offices, and the legislature who opt in to the voluntary system raise a threshold amount in small donations, and then stop fundraising altogether, utilizing a state grant sufficient to run a serious campaign. Participation rates by Republicans and Democrats alike are very high—almost 75 percent in 2016—and there is strong bipartisan consensus that the system has been successful in changing how campaigns are run and—importantly—who can seriously contemplate running. It has also dramatically reduced the role of lobbyists, bundlers, and other moneyed players who traditionally dominated the halls of the State Capitol in Hartford.
In New York City, a strong matching program (6 to 1 for qualifying donations raised by candidates) coupled with term limits has been a powerful engine for change. It allowed a diverse and energetic pool of candidates to emerge, and set the stage for significant progressive victories at the city council and mayoral level. Efforts to expand the system statewide have so far met stiff resistance in the Republican Senate, but the expansion effort continues while the city system enjoys strong popular support.
The Courts and a New Jurisprudence. This is where major change could really begin. The new president will likely have multiple appointments to the Supreme Court. A new high court, looking objectively at what has happened to campaign spending and fundraising in the real world, could reverse the Citizens United and McCutcheon cases, and could and should go back to the original fundamentally flawed ruling in Buckley v. Valeo from 1976. That ruling laid down two horrible premises. First, that campaign spending is constitutionally protected speech. And second, that the only acceptable principle for limiting campaign spending is to prevent corruption or the appearance of corruption.
But there is an obvious additional principle that is simple common sense, which is that a set of rules can be adopted and justified to ensure that every voice is heard in our democracy, not just ones that can buy the biggest bullhorn.
But there is an obvious additional principle that is simple common sense, which is that a set of rules can be adopted and justified to ensure that every voice is heard in our democracy, not just ones that can buy the biggest bullhorn. Laws based on this equity principle could be passed, and cases can be developed and brought as assiduously and strategically as those on the right have done in their pro-big-money crusade. If judges are chosen and confirmed who prioritize restoring democracy, a major shift can happen without a constitutional amendment. They need only read retired Justice John Paul Stevens’s testimony to Congress in April 2014:
For years the Court’s campaign finance jurisprudence has been incorrectly predicated on the assumption that avoiding corruption or the appearance of corruption is the only justification for regulating campaign speech and the financing of political campaigns. That is quite wrong. … Like rules that govern athletic contests or adversary litigation, those rules should create a level playing field. … Just as procedures in contested litigation regulate speech in order to give adversary parties a fair and equal opportunity to persuade the decision-maker to rule in their favor, rules regulating political campaigns should have the same objective.
Disclosure. In addition to small-donor public financing, the voluntary nature of which abides by the Buckley and the Citizens United decisions, another set of reforms has expanded disclosure, to stem the tide of money from unrevealed and secret sources and shine the proverbial sunlight on how campaigns are paid for. Massachusetts, Rhode Island, New York, and Colorado are among states that have strengthened their disclosure requirements.
Federal Reforms. Several pieces of reform legislation have been introduced in Congress. These have been stymied by Republican control of both houses, but that could soon change (see below).
III. Ending Gerrymandering and Fair Redistricting
In congressional delegations and many state legislatures, the partisan breakdown bears little resemblance to voter preferences. While it is difficult to argue exact correlations between craven district-drawing and the gap between the congressional party vote and the congressional delegation makeup (given unopposed races and other factors), the general relationship is very clear. In Pennsylvania, where Democrats received half the votes for Congress in 2012, the congressional delegation to the House is 13–5 Republican. In Michigan, the Democratic vote was more than 50 percent, and it is Republican by a 9–5 margin. In Florida, where Democrats received 45 percent of the vote, the delegation is Republican by 17 to 10. In Virginia, the vote was nearly half Democratic, while the congressional delegation is 8 to 3. And in North Carolina, the Democratic vote was more than half, and the delegation is 10 to 3. While this is not only a Republican offense (in Maryland, Democrats got 63 percent of the congressional vote, but the delegation is 7–1 Democratic), the preponderance of major recent examples are of Republican making. These are remarkable disparities, and similar ones can be shown for state legislative representation. (It is worth noting that in North Carolina in 2014, about half of the state legislative candidates ran unopposed.)
While scholars have pointed out that the country is re-segregating in its residential patterns, numbers this large can only be the result of conscious racial and partisan intent.
While scholars have pointed out that the country is re-segregating in its residential patterns, numbers this large can only be the result of conscious racial and partisan intent. And whereas gerrymandering once was a gentlemanly, bipartisan arrangement to protect incumbency, the more recent abuses have been to ensure partisan control of legislatures and to create absurd and permanent majorities in congressional delegations that do not reflect the state’s voting preferences by a long shot. The outcome was a direct result of “Operation REDMAP,” a successful Republican plan to target legislative races in 2010, specifically to ensure control of the redistricting process.
This kind of gerrymandering isn’t only about politics; it is also about race. The most egregious abuses are accomplished by “packing” and “cracking” black and Latino voters, either by putting them into very compact districts, or by spreading them across multiple districts while at the same time ensuring white and conservative dominance. Ironically, the defense of the redistricting plans most often offered is that they are not about race, but about partisan preferences. These are intertwined and unacceptable goals, both. In addition, the counting of prisoners as “residents” of rural districts where prisons are placed, rather than from the communities where they lived before their incarceration, is, given the racially skewed prison population, another way of limiting the power of communities of color. Again, some progress has been made recently, with states including California, Delaware, New York, and Maryland changing the way prisoners’ residence will be counted.
The good news on gerrymandering overall is that citizens around the country have been fighting back. Recent cases have been fought and mostly won in states as diverse as Alabama, Maryland, North Carolina, Wisconsin, and Florida.
Florida produced a major victory after a long fight when the state supreme court, generally regarded as conservative, ruled in 2015 that blatant partisan gerrymandering violated the state constitution, and required new districts to be drawn. This year, all of Florida’s districts have new boundaries, and significantly more are competitive. The number of competitive congressional seats rose from ten to 14, and in the State Senate, competitive seats rose from 14 to 20. In addition, districts are far more compact, adhere better to existing geographical boundaries, and give communities of color enhanced opportunities to elect candidates of their choosing.
In North Carolina, the courts have required congressional and state legislative maps to be redrawn this year to reduce the racially discriminatory districting process. When the legislature drew the new maps, they assured the public that the new maps, which would retain the 10–3 Republican majority in that state’s congressional delegation, were not racially motivated, but rather based on partisan considerations. The maps are now being contested by Common Cause and others in a new lawsuit.
In addition to the court cases, efforts to form independent redistricting commissions have been gaining steam. Arizona and California led the way years ago, in California through a ballot initiative for an independent Citizen Redistricting Commission to draw the lines. The results have been a legislature and congressional campaigns that are both more competitive and more reflective of the state’s population than ever before. And the Supreme Court last year upheld the Arizona Redistricting Commission against an argument from Arizona legislators that the citizens had “usurped” power from the legislature. Another approach, utilized by Iowa for a number of years, gives power to nonpartisan legislative staff to draw the districts with the assistance of a citizen advisory commission. The legislature can veto a plan, but cannot make changes.
In addition to changing who draws the district lines, a second area for reform is the question of what criteria to use. Criteria that have been proposed by reformers include: keeping communities of interest together, expressly protecting the rights of communities of color to have opportunities to elect candidates of their choice; prohibiting favoritism for incumbency or party advantage; requiring districts to be compact and contiguous; keeping cities and counties whole; and potentially even requiring districts to be politically competitive. In Florida, the key to the success of the reform community in the court victories was a constitutional amendment adopted in 2010 that prohibited drawing districts that diminished the ability of minority voters to elect representatives of their choice, or plans designed for partisan advantage. Secondary standards included compactness, contiguity, and equality of population.
In Ohio, a rare bipartisan coalition supported a successful ballot initiative last November that prohibited the drawing of state House and Senate districts for political advantage, and added protections that will prevent one party from dominating the process. The vote was more than two to one, and advocates will continue to push to add congressional districts to those covered by the new law. In North Carolina, following the court victories, the End Gerrymandering Now coalition, with strong bipartisan support, including in the much maligned North Carolina legislature, has real possibilities for victory in the next year. In Michigan, Pennsylvania, Virginia, and Missouri, efforts are afoot to enact fair redistricting criteria as well.
On gerrymandering, too, a federal approach is needed.
On gerrymandering, too, a federal approach is needed. The Redistricting Reform Act, sponsored by Representative Zoe Lofgren based on California’s experience, sets standards and mandates independent commissions for the drawing of districts. The Voting Rights Act could be effectively used to win fair districts free of racial bias, if it were reauthorized. And, looking at the Supreme Court, there are four cases (Harris v. McCrory in North Carolina; Whitford v. Nichol in Wisconsin; Shapiro v. McManus in Maryland; and Common Cause v. Rucho in North Carolina) that could clearly be headed to the Court. The Court upheld the Arizona process, but it needs to take a step further, using one or more of these cases, and give critical guidance to states around the country as they develop their redistricting plans after the 2020 census.
What It Will Take to Win
Policy ideas are critical, but without a political strategy, they can just be words on paper. And saying we need a strategy is very different than really developing a successful one. Here are some of the keys to success.
I. Presidential Leadership
Hillary Clinton, strongly influenced by the Sanders campaign and by democracy organizations, has stated strong support for voting rights and for changing the campaign-finance system. But she will need to prioritize democracy issues with a serious focus, and it will not be easy. On the one hand, there is clear public support for all these issues, which resonate with voters who believe the system is stacked, and that their voices don’t count. With voters of color in particular, there are decades experiencing active attempts to keep them away from the polls and to minimize their representation through racially based gerrymandering.
On the other hand, there will be major countervailing pulls. There will be the press of crises, foreign and domestic. There will be the demands of other major issues and constituencies whose issues have been unable to move for so long. And there will be the lure of opportunities for unlimited and interested fundraising, and doing political business as usual. Pay-to-play politics is so deeply ingrained in our political culture that breaking free from it would be an extraordinary challenge and accomplishment.
What would real presidential leadership look like? One major marker is sustained attention by the president and consistent talk about these issues, utilizing the presidential pulpit in her inauguration speech, in her travels around the country, and in her legislative priorities. But what are other concrete steps that can be taken?
The President and the Congress. Legislatively, there are a number of important pro-democracy possibilities. If the Senate turns Democratic, there is real potential. Senators Cory Booker, Elizabeth Warren, and others all have real commitments to a democracy agenda. The dynamics in the House are far less predictable, but even if it remains in Republican hands, there may be some real opportunity in the unsettled post-election months.
First and foremost should be moving the Voting Rights Advancement Act, sponsored by Representative John Lewis and Senator Leahy. Nothing would bring the Democratic Party together in the Congress, and send a signal that the issues of race and representation will not be afterthoughts, more forcefully than this. In addition, moving the bill would call out the Republicans, particularly the House leadership, to demonstrate that the racism so shamefully present in this year’s presidential campaign does not represent Republicanism in this new moment. Speaker Paul Ryan, James Sensenbrenner, Tom Cole, and other House Republicans have stated publicly that they support restoring the Voting Rights Act. Yet they have caved to the right wing of the caucus. House Judiciary Chair Robert Goodlatte refused to hold a committee hearing on its restoration, perhaps to appease the Tea Party and white nationalist elements of his Roanoke-area district. Will this pattern simply continue, or might this be an opportunity to lead in a different way? And if the leadership can’t or won’t move, this would seem to be a perfect vehicle for a discharge petition that might alter the voting dynamic in the House in major ways.
In a similar vein is the Democracy Restoration Act, which would require restoration of the voting rights of citizens with felony convictions upon release from prison. This could affect several million people around the country, and connects to the momentum on criminal justice reform, an issue already with bipartisan support.
On the campaign-finance side, Democratic senators this year introduced the “We the People” package of reforms, which Hillary Clinton said she supports. It includes strengthening disclosure and lobbyist reporting and revolving-door provisions, reforming the Federal Election Commission, and introducing a constitutional amendment to overturn Citizens United. Unfortunately, the package did not include a small donor–based public financing system for Congress. But the Durbin bill in the Senate (the Fair Elections Now Act) and the John Sarbanes bill in the House (Government by the People Act) create, in slightly different ways, such a system for congressional races. In addition, the Tom Udall-sponsored EMPOWER Act would restore the viability of the presidential public financing system. As of now, these bills have very little Republican support, and will be far more challenging to move than the Voting Rights Advancement Act. But the situation has gotten so clearly out of hand, and there is such strong support from voters across the spectrum, that it may be possible that with both presidential and congressional leadership, a new chemistry on the issue can be developed, at least enough to make the debate serious.
It seems as though this election season has shown the wisdom of clearly standing for the 99 percent, and for strengthening the Democratic Party’s commitment to fighting for racial and economic equity.
One important question the campaign-finance issue raises is where the Democratic Party wants to be on these fundamental issues of how the system runs. The Voting Rights Advancement Act and the Democracy Restoration Act have a very clear logic to them from Democrats’ political point of view. Fighting for an expanded electorate, increasing the representation of the new American majority, and opposing the forces of reaction on racial issues are clearly enough in the party’s self-interest. Even the restoration of voting rights for people with felony convictions, though it might have raised the specter of being “soft on crime” at one point, has moved into the Democrats’ advantage zone. But the issue of really changing the campaign-finance rules, like the issue of the Trans-Pacific Partnership and the rules of globalization, goes to the heart of what the Democratic Party stands for, and risks raising the old progressive-versus-Democratic Leadership Council conflicts that were so central to the Bill Clinton era. It seems as though this election season has shown the wisdom of clearly standing for the 99 percent, and for strengthening the Democratic Party’s commitment to fighting for racial and economic equity. But the pulls of the business lobby and the donor class will be a powerful siren call.
Executive Actions. There are a large number of executive orders, appointments, and other actions that could be taken by the president.
An executive order could require federal contractors to disclose their political contributions, which would have a major impact, since most of America’s largest corporations have federal contracts. This has been discussed at great length with the Obama White House, but has not been done. Such an order would dovetail well with a strong order on ethics and revolving doors.
The president has the authority to mandate that exchanges under the Affordable Care Act be designated as voter registration sites under the NVRA, and to consider other potential strengthening of NVRA provisions.
The president and Congress need to make sure that the 2020 census is adequately funded so that a full count of our diverse population can truly be made. And the census must count prisoners from the communities from which they come, and not from their involuntary rural addresses.
The Justice Department has a strikingly important role to play. Obama has ramped up the intensity and performance of the department’s Civil Rights Division in challenging voter-suppression efforts in states and municipalities, through Section 2 of the Voting Rights Act. President Hillary Clinton could go even further. The DOJ has had limited involvement in challenging purging procedures that violate the NVRA and in enforcing other NVRA provisions, which could have a major impact on the voting rolls, including ensuring that state agencies are doing all they should. And the DOJ should maintain regular, consistent contact with civil-rights organizations and the democracy community overall.
Appointments to key positions will also have a major impact. While major attention has been paid to the importance of potential Supreme Court appointments, the appointment of judges in other jurisdictions could be instrumental in rewriting jurisprudence on campaign finance and in protecting the right to vote. And President Clinton’s appointments, not only to the FEC but to the Securities and Exchange Commission and the Internal Revenue Service, will all have major bearing on issues related to disclosure and political financing in general.
All of these actions would benefit tremendously if President Clinton were to create a serious program within the Domestic Policy Council to move a democracy agenda. It would be a critical boost to moving a legislative agenda and promoting its priority. It would also be an effective focal point for organizing the strategic elements of support for a multifaceted democracy agenda—cataloguing and promoting the variety of executive actions that could be taken, and coordinating with the broad range of constituency organizations and coalitions that have taken up democracy as a top-priority issue. Overall, it would be an effective and strategic way of demonstrating and concretizing presidential leadership.
II. States as Continuing Laboratories
Republicans hold 68 of 99 legislative chambers, and fully control redistricting in 18 states.
Beyond change at the federal level should Clinton be successful and gains are made at the congressional level, there will also be new opportunities for states to play their “laboratories of democracy” role. Republicans hold 68 of 99 legislative chambers, and fully control redistricting in 18 states. But there are 11 states where Democrats have the possibility of retaking control, including six Senate chambers—Colorado, Nevada, Virginia, New York, Washington, and West Virginia—where a shift of one seat would flip control, opening up possibilities on democracy issues as well as others.
New York is a very clear case in point. Over the last several years, a broad and strong coalition, led by Citizen Action of New York, Common Cause New York, major unions, and the Working Families Party, fought for a strong small-donor public financing system at the state level, modeled after the New York City program. The effort had strong legislative champions and passed the state Assembly. While the governor was the most unreliable of allies, the pivotal barrier was the Republican control of the New York State Senate, which is now evenly split between Republicans and Democrats. A major victory by Clinton could very possibly flip the Senate to Democratic control, which would give a major boost to the “Demand Democracy” campaign that is poised to renew its efforts in 2017. Given New York’s outsized role in national campaign finance, a victory there could have significant national implications.
III. Now More Than Ever, a Democracy Movement
Over the past decade, we have seen the intensification of strong grassroots action for democracy. To have any real hope that the president, Congress, state legislatures, the Democratic Party, and others will move these agenda items, there must be outside pressure, with real people, real numbers, and strong organizational coordination. Based on a number of developments, there is real hope that this can happen.
New social movements, organizations committed to fighting for racial equity, and organizations in the movement for immigrant inclusion have strongly connected to democracy and voting issues. For instance, the recent “Vision for Black Lives” platform adopted by Black Lives Matter and associated organizations strongly supported not only voting rights but also publicly financed elections. Organizations and movements that have not always given priority to democratic reforms, including the labor and environmental movements, have realized that democracy must be restored and enlivened if their issues are to have a real chance to win. Grassroots community and citizen organizations like People’s Action, PICO National Network, the Center for Popular Democracy, and the Gamaliel Foundation network have added these issues to their agendas more than ever before.
In addition, coordination among established organizations, and newer ones, in the money-in-politics field, the redistricting field, and in the voting-rights field has strengthened significantly over the last several years. This year’s combined effort under the banner of “Fighting Big Money,” led by Every Voice, Common Cause, Public Citizen, and others, has been a successful example, as were Democracy Spring and the Democracy Awakening. Civil-rights and voting-rights organizations, including the NAACP Legal Defense Fund, the Advancement Project, and the Lawyers’ Committee for Civil Rights, have worked well in a coordinated way to stand up to the onrush of voter suppression. And the Democracy Initiative, with 60 organizations from all of these issue areas, is an entity solely committed to advancing this collaboration.
And, of course, the Sanders campaign mobilized tens of thousands of activists and influenced millions of people on the connected issues of economic and political inequality, and highlighted the assaults on our democracy in a way that energized the fight for reform. The campaign’s offshoot, Our Revolution, will certainly be in this fight as well.
The key will be in building a coordinated campaign for democracy that has the breadth of issue makeup, the diversity of organizations, and the ability to coordinate and move effectively together on behalf of the Democracy Agenda. Racial justice, economic equity, and real democracy are inextricably intertwined, and the movements to achieve them will need to consistently make those links clear, and work together to move the president and Congress on all three in reciprocal ways. The movement will need a federal focus and a state focus, and will need to recognize that focusing on policy wins in the short term is essential, while continuously bearing in mind that these issues need to be made front and center for candidates running in the 2018 election as well. Candidates for office need to win or lose based on their commitment to these issues, and electing champions for democracy will be a critical component of the work ahead. All the while, the movement will need to be looking further ahead to the incredibly consequential election of 2020.
This election has the potential to open up an extraordinary moment in the life of our democracy, including in the way we practice democracy itself. Or it can be another missed opportunity, superseded by other issues and undone by a failure to creatively assemble the elements necessary to win and coordinate them in the most effective and inclusive ways. The elements for success are present in extremely propitious ways, but it will take determined leadership by the president, congressional leaders, state legislatures, and a real grassroots movement to seize this new Democracy Moment. If it can be done, the benefits of fighting and winning on these issues now will reverberate for a long time to come.
By Miles Rapoport
Source
Fed district that includes Charlotte announces new president
Fed district that includes Charlotte announces new president
The Federal Reserve Bank of Richmond, which monitors large banks in a district that includes Charlotte, announced a new...
The Federal Reserve Bank of Richmond, which monitors large banks in a district that includes Charlotte, announced a new president on Monday.
Thomas Barkin, chief risk officer for consulting firm McKinsey & Company, assumes the Fed role Jan. 1. He replaces Jeffrey Lacker, who abruptly retired this year after acknowledging he had improperly discussed sensitive information involving Fed policy with an analyst.
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