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1 Wendy Weiser & Max Feldman, The State of Voting 2018 1 (2018)

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The State of Voting 2018

by Wendy Weiser and Max Feldman


Introduction
This fall, voters will head to the polls for the first time since
our presidential election was decided by a margin of just
80,000 votes across three states. Clearly, every vote counts.

Nevertheless, on November 6, voters will face serious
challenges to making their voices heard at the ballot box.
These obstacles include voter ID laws and curbs on early
voting. Extremely gerrymandered electoral maps and
unresolved concerns regarding foreign interference in
our elections also undermine the free and fair vote that is
essential to our democracy.

As in previous election years, the Brennan Center has
been tracking not just the laws but the political forces that
may  impact this year's midterms.

In 2018, voters in at least eight states will face more strin-
gent voting laws than they did in the last federal election.
These restrictions are a continuation of a trend, beginning
in 2011, of states passing laws making it harder to vote.
Overall, voters in 23 states will face tougher restrictions
than they did in 2010. Lawsuits and legal campaigns have
in some cases mitigated a number of the most pernicious
new  laws, and future court decisions could still impact the
voting landscape before November. Regardless, more
voters in more states will face unnecessary hurdles to
casting a ballot this fall.

Restrictive laws, however, are not the only challenges to
the vote.


The electoral landscape is still highly skewed by gerry-
mandering. Earlier in the decade, partisan legislatures
drew extremely gerrymandered legislative maps, using
modern  data and technology to manipulate electoral lines
for political advantage. The resulting maps have tilted
electoral outcomes, producing dramatic incongruities
between what voters want and what they get out of their
elections and making it difficult to hold representatives
accountable. Despite recent legal victories against political
and racial gerrymanders, most of those flawed maps will
still be in place in November.

In addition, nearly three-quarters of Americans are
worried about foreign interference in our elections -
worries that could create a crisis of legitimacy. The story
is by now well-known: Agents connected to the Russian
government  targeted election systems in 18 states in 2016,
and the threat hasn't dissipated. State actors and even
rogue hackers continue to have our election systems in
their sights.

Still, there is reason for optimism. Voters and their allies
have taken to the courts to throw out unfair laws.
Lawsuits challenging skewed legislative maps have recently
resulted in a wave of victories, and for the first time in
decades, the Supreme Court is set to rule in a case that
could put real limits on partisan gerrymandering.
Lawmakers  and government  officials are waking up to the
fact that our election systems are vulnerable and that they
can and must be repaired.


1 I BRENNAN CENTER  FOR JUSTICE

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