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1 Wendy Weiser, et al., The Case for H.R. 1 1 (April 10, 2020)

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The Case for H.R. 1

By Wendy Weiser, Daniel I. Weiner, and Dominique Erney PUBLISHED APRIL 10, 2020


       merican democracy urgently needs repair. For
 Sdecades, public trust has declined as longstand-
I   king problems with our system of self-government
have worsened. Lawmakers are beholden to wealthy
donors more than constituents. Citizens' voices are
silenced through voter suppression, gerrymandering, and
other violations of their civil and political rights. The viru-
lent coronavirus underscores the urgent need for a func-
tioning democracy that serves all the people.
   Even under less trying circumstances, recent national
 elections revealed serious problems in our electoral
 system. In 2014, turnout plunged to the lowest in 72 years.
 In 2018, states engaged in brazen and widespread voter
 suppression - enforcing discriminatory voter identifica-
 tion laws and conducted large-scale purges of the voter
 rolls, among other tactics. Elsewhere, outdated registra-
 tion systems and technology produced long lines at poll-
 ing places. Super PACs and dark money groups, funded
 mostly by a tiny class of megadonors, spent over $1 billion.
 All the while, our election infrastructure was at risk of
 manipulation by foreign adversaries.
   In the face of these challenges, in 2018 voters mobi-
 lized for reform. They surged to the polls in the high-
 est numbers since 1914 and elected a record number
 of candidates pledged to democracy reform. Over 100
 House candidates alone ran on change platforms. Of the
 43 Democratic challengers who flipped seats, 25 ran on
 reforming the system. Voters approved ballot measures
 to unrig politics-tackling redistricting, voting, and
 campaign finance-often by large bipartisan majorities,
 in red, blue, and purple states.
   Since then, momentum for reform has continued to
 build. In 2019, nearly 700 pro-voter bills were introduced


in 46 states. Maine enacted automatic voter registration,
New Mexico same day registration, and New York small
donor public financing. We saw voting rights restored
or expanded for those with past criminal convictions
in Kentucky, Colorado, Nevada, Illinois, Louisiana, and
New Jersey. This momentum carried into 2020. Thus
far, lawmakers in 29 states have introduced 188 bills to
expand access (far more than bills to curb voting). In
February, Virginia moved legislation on automatic voter
registration, same day registration, and redistricting. Every
Democratic presidential candidate ran with democracy
reform as a top goal.
  Most important, in 2019, the House of Represen-
tatives passed H.R. 1, the For the People Act of 2019.
This historic legislation contains key reforms to revital-
ize American democracy-including automatic voter
registration, small donor public financing, redistricting
reform, and a commitment to restore the Voting Rights
Act. It would make voting easier and more accessible,
lower barriers to running for office, and empower voters
to choose their representatives, rather than let repre-
sentatives choose their voters. H.R. 1 would be the most
sweeping reform in a half century, the most significant
change to pass either chamber. It has secured cosponsor-
ship from every Democratic senator. The major obstacle
to passing this important legislation is Senate Majority
Leader Mitch McConnell, who currently refuses to bring
the bill to the Senate floor for a vote.
  For far too long, lawmakers have neglected to address
our democracy's worsening problems. Now we face a new
challenge: a worldwide pandemic that will necessitate
substantial changes to election procedures and other
reforms to ensure that every American can register to


Brennan Center for Justice at New York University School of Law

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