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- The Republican National Committee filed a lawsuit against California Gov. Gavin Newsom alleging that an executive order he signed expanding mail-in voting is illegal.
- The order would send mail-in ballots to all registered voters in the state ahead of the general election.
- The lawsuit comes as President Trump and other Republican leaders have ramped up their criticisms against the numerous states that have expanded mail-in voting amid the coronavirus pandemic.
RNC Files Lawsuit
The Republican National Committee, along with the other Republican groups, filed a lawsuit Sunday against California Gov. Gavin Newsom, claiming an executive order he passed that sends mail-in ballots to every registered voter in the state ahead of the general election is illegal.
That executive order, signed by Newsom on May 8, does not entirely close down all polling places, but it does strongly encourage everyone who can to vote by mail. It has also been described as the largest expansion of vote-by-mail that any state has put in place as a result of the pandemic.
Now, the lawsuit filed by the RNC, which was also joined by the Republican Congressional Committee and the California Republican Party, says that order goes too far.
According to reports, the lawsuit argues that Newsom’s actions went beyond the scope of his power because he didn’t go through the state Legislature. It also accuses him of making a “brazen power grab” that would “violate eligible citizens’ right to vote.”
The lawsuit claims that the order “invites fraud, coercion, theft, and otherwise illegitimate voting” because it mandates that ballots be sent to all registered voters, including inactive voters.
That sentiment was echoed by RNC Chairwoman Ronna McDaniel, who first announced the lawsuit on Twitter, where she referred to the order as Newsom’s “illegal election power grab.”
“His radical plan is a recipe for disaster that would create more opportunities for fraud & destroy the confidence Californians deserve to have in their elections,” she continued. “Make no mistake, Democrats are trying to use this pandemic to redesign our entire election system for political gain, and we will not let their brazen attempts go unchallenged.”
California Secretary of State Alex Padilla responded to the lawsuit in a series of tweets on Sunday night, where he defended the vote by mail measure and accused Republicans and President Donald Trump of using the coronavirus pandemic to engage in voter suppression.
“Expanding vote-by-mail during a pandemic is not a partisan issue — it’s a moral imperative to protect voting rights and public safety,” he wrote. “Vote-by-mail has been used safely and effectively in red, blue, and purple states for years.”
“This lawsuit is just another part of Trump’s political smear campaign against voting by mail,” Padilla continued. “We will not let this virus be exploited for voter suppression.”
Broader Efforts Against Mail-In Voting
Padilla’s last point is important to note here. While the lawsuit was filed in California, this pushback is part of a much broader trend that has become apparent as more and more states expand vote-by-mail during the pandemic.
President Trump himself has been very vocal about his opposition to expanding vote-by-mail in recent weeks. Last week, Trump threatened to withhold federal funding from Michigan and Nevada. Michigan is sending voters mail-in ballot applications while Nevada is mailing active registered voters the ballots themselves.
Trump claimed that the efforts in both states were illegal and accused both Democrat and Republican leaders of engaging in voter fraud and cheating in the elections. On Sunday, Trump doubled down on those attacks again in a tweet.
“The United States cannot have all Mail In Ballots. It will be the greatest Rigged Election in history,” the president wrote. “People grab them from mailboxes, print thousands of forgeries and ‘force’ people to sign. Also, forge names. Some absentee OK, when necessary. Trying to use Covid for this Scam!”
But according to reports, there is no evidence that “thousands” of forgeries have been linked to mail-in voting, and there is not extensive evidence of people being forced to sign absentee ballots.
In fact, numerous studies have found that there is no evidence of widespread voter fraud in the U.S. from either in-person or mail-in voting. Some studies have shown that instances of voter fraud account for just a fraction of a percent of all votes cast.
Still, Trump has not been alone in his attacks of these new proposals. Republican leaders all over the country have joined the president in making the same baseless claims about fraud and election security.
Now, they have the legal backing of the RNC and other major Republican leadership groups. According to CNN, the lawsuit is just one part of a $20 million effort led by the RNC “to combat Democratic-led expansions of vote-by-mail across the country.”
Trump Threatens to Move Convention
The lawsuit against Gov. Newsom is not the only significant piece of RNC-related news coming out of the long holiday weekend.
On Monday, Trump separately threatened to move the Republican National Convention from North Carolina if the state’s governor, Democrat Roy Cooper, did not promise to hold the event at full capacity. Right now, the convention is set for the end of August.
In a series of tweets Trump called on Gov. Cooper to guarantee that the convention can be held without coronavirus restrictions, writing that he loves North Carolina and that he had pushed for the convention to be held there, but adding that Gov. Cooper “is still in Shutdown mood & unable to guarantee that by August we will be allowed full attendance in the Arena.”
“In other words, we would be spending millions of dollars building the Arena to a very high standard without even knowing if the Democrat Governor would allow the Republican Party to fully occupy the space,” he said.
Trump also said that Gov. Cooper must immediately say if the space can be fully occupied.
“If not, we will be reluctantly forced to find, with all of the jobs and economic development it brings, another Republican National Convention site,” he wrote. “This is not something I want to do. Thank you, and I LOVE the people of North Carolina!”
Trump’s announcement comes as North Carolina moved to ease more restrictions on Friday, transitioning to its second phase of reopening. Right now, according to reports, the state allows for the opening of some businesses, and gatherings are limited to no more than ten people inside and 25 people outside.
But coronavirus cases are still on the rise. On Saturday, the state’s Department of Health and Human Services reported the highest number of confirmed cases in a single day since the pandemic started.
As a result, it is currently unclear if the state will be ready to host the convention at the level Trump wants.
According to reports, the convention is set to be held at an arena in Charlotte that can hold as many as 20,000 people. When Trump says “full capacity,” he means 20,000 people in an enclosed space and likely without proper distancing measures.
But, at least for now, it doesn’t seem like Trump is going to get an immediate answer.
“State health officials are working with the RNC and will review its plans as they make decisions about how to hold the convention in Charlotte,” a spokesperson for the governor’s office said in response to Trump’s tweets. “North Carolina is relying on data and science to protect our state’s public health and safety.”
Separately, the Mayor of Charlotte, Vi Lyles, also reportedly said that her primary concern is the city’s “vulnerable populations” who could get sick from the coronavirus.
As for what state the convention would be moved too, Trump did not say, but during an interview with Fox News on Monday, Vice President Mike Pence indicated that Texas, Florida, and Georgia, all of which have enacted the broadest plans to reopen, were on the short list.
See what others are saying: (CNN) (The Los Angeles Times) (The Wall Street Journal)
Campaign Season Gets Rolling This Month With Primaries in 13 States
Several of the contests taking place this month will serve as important tests for Trump-backed candidates and how much power the former president still has over the GOP.
May Primaries Start With Key Race in Ohio
The 2022 midterm season is officially heating up this month with 13 states heading to the polls.
Voters in Indiana and Ohio will kick off the busy month on Tuesday with several highly anticipated races, including one closely watched contest for the seat being vacated by long-time Senator Rob Portman (R-Oh.)
The fight for Portman’s seat has been a heated one: candidates have spent tens of millions of dollars, held numerous debates and forums, and at one point, two of them even got into a physical confrontation.
The main reason there are so many eyes on this race is because it will prove to be a key test for former President Donald Trump and the influence he has over the party. While Portman has generally been moderate and, at times, more readily critical of Trump than many others in his party, the Republican primary campaign has basically been a fight to see who is the most in line with Trump.
According to FiveThirtyEight, all but one of the seven Republican senate candidates embraced the former president’s election fraud lies as they fought for his coveted endorsement in a state he won by eight points in both 2016 and 2020.
Trump, for his part, ultimately ended up endorsing Hillbilly Elegy author J.D. Vance in a move that surprised many, because Vance had previously been vocally opposed to the former leader and his competitors had spent months running ads noting that fact.
However, the fight for Trump’s backing appears to have been worth it. Last week, a Fox News poll found that support for Vance has surged by double-digits since Trump’s endorsement, making him the front-runner.
Still, as FiveThirtyEight reports, “other factions of the party haven’t given up the fight either — which means the primary will be a direct test of how much clout Trump has when other Republican elites dare to defy him.”
Meanwhile, there are also concerns regarding the ongoing legal battle over Ohio’s congressional map and the confusion that has caused for the state’s election calendar. For weeks, it was widely believed the state’s primaries would be pushed back after the Ohio Supreme Court ordered GOP lawmakers to redraw their map.
The map had been gerrymandered to give Republicans 12 out of the 15 congressional seats in the state even though they had only won around 55% of the popular vote. Ohio voters also previously passed a constitutional amendment in 2018 that effectively banned partisan gerrymandering.
The election, however, is still going forward anyway, even as early voting was down a whopping 40% from the last election, and the legislative races will not be on the ballot Tuesday, meaning there will have to be a second primary, which will likely drive down turnout even more.
Other Major Races This Month
There are also other notable contests scheduled for later this month. On May 17, there will be two additional races for seats vacated by Republican senators in North Carolina and Pennsylvania that will serve as important indicators of the former president’s sway over the party.
Meanwhile, in Georgia, the main Trump test focuses on two statewide races for the positions currently held by Gov. Brian Kemp (R) and Secretary of State Brad Raffensperger (R). The two infamously angered Trump after they refused to help him overturn the election, and as a result, many are watching to see if the former president’s full-fledged pressure campaign against them will work.
In Georgia and other battlegrounds voting this month, Democrats are also hoping they can make inroads — particularly in Pennsylvania. But recent polls have not painted a good picture for the party. Last week, an NPR/PBS NewsHour/Marist poll found that 47% of voters said they were more likely to vote for the Republican in their district, while just 44% said they would back Democrats.
The poll marked the first time in eight years that a Marist survey found the GOP with an advantage for congressional ballot tests.
See what others are saying: (NPR) (FiveThirtyEight) (PennLive)
New York’s Highest Court Strikes Down Democrat-Gerrymandered Map
The move represents a major blow to Democrats, who stood to gain as many as three seats in Congress if their map had been accepted.
Appeals Court Ruling
The New York State Court of Appeals struck down a congressional map drawn by the state’s Democrats Wednesday, dealing the party a major blow.
In the decision, the state’s highest court agreed with Republicans who had argued that the map was unconstitutionally gerrymandered to benefit Democrats. The justices called the map “substantively unconstitutional as drawn with impermissible partisan purpose.”
The court also condemned the Democrats for ignoring a constitutional amendment approved by voters in 2014 that aimed to limit political influence in redistricting, which included the creation of an independent entity to draw maps that the legislature would then vote on. However, the commission created to prevent partisan gerrymandering was unable to decide on a map because of its own partisan stalemate. As a result, Democrats in the legislature took it upon themselves to draw a final map.
But the version that the legislature passed and New York Gov. Kathy Hochul (D) signed into law re-drew lines so that Democrats could have gained as many as three new seats in the U.S. House of Representatives.
Such gains would be highly significant in the upcoming 2022 midterm elections, where Republicans are expected to make substantial gains and may very well take back the House. Unsurprisingly, Republicans sued, and a lower court struck down the map.
In their order, the Appeals Court justices took away the legislature’s ability to make the map and instead delegated that power to a court-appointed “neutral expert.”
While the judges did say there was enough time to finish the map before the primary elections in June, they also added that the Congressional contests would likely need to be moved to August. Races for governor and other statewide officials, however, would stay the same.
The Appeals Court ruling is unique in that it targets Democrats, but it also comes as part of the broader trend of state courts cracking down on gerrymandering — though most other instances have stemmed from GOP-drawn maps.
In just the first four months of 2022, state courts in Ohio, North Carolina, Kansas, and Maryland have all struck down redistricting plans crafted by lawmakers.
Unlike the New York ruling, some of those other courts have implied that they will still allow those maps to be used in the 2022 elections. Such a decision would very likely disadvantage Democrats even more.
See what others are saying: (The New York Times) (NPR) (The Washington Post)
McCarthy Warned Far-Right Lawmakers Could Incite Violence After Jan. 6 in New Audio of Leaked Call
The conversations represent a marked difference from the public efforts of McCarthy and other Republican leaders to downplay their members‘ actions.
Four days after the Jan. 6 insurrection, House Minority Leader Kevin McCarthy (R-Ca.) expressed concern about far-right Republicans inciting violence and openly voiced support for censoring them on Twitter, according to audio published by The New York Times on Tuesday.
The recordings, which come from a call among party leaders and aides on Jan. 10, are by far the clearest evidence top Republicans acknowledged that their members played a role in stoking violence before the insurrection and threatened to do so after.
They also emphasize the vast difference between what top Republicans, especially McCarthy, said behind closed doors, and how they downplayed and ignored the actions of their members in public.
One of the most notable elements of these recordings is that McCarthy and the others explicitly identified several individuals by name. They focused mainly on Reps. Matt Gaetz (R-Fl.) and Mo Brooks (R-Al.) as the primary offenders.
In the audio, McCarthy can be heard flagging Gaetz right off the bat.
“Tension is too high. The country is too crazy,” he added. “I do not want to look back and think we caused something or we missed something and someone got hurt. I don’t want to play politics with any of that.”
Specifically, McCarthy and the others talked about how Gaetz had gone on TV to attack multiple Republicans for being unsupportive of former President Donald Trump after Jan. 6. They particularly expressed concern over his targeting of Rep. Liz Cheney (R-Wy.), who was a member of the leadership team and had already been facing threats.
Others on the call also noted that Brooks had spoken at the rally before the insurrection, where he made incendiary remarks that many have viewed as direct calls to violence. McCarthy said the public comments from his members “have to stop,” adding he would call Gaetz and have others do the same to tell him that this “is serious shit” and “to cut this out.”
Rep. Steve Scalise (R-La.), the second-ranking House Republican, asserted at one point that Gaetz’s actions were “potentially illegal.”
“Well, he’s putting people in jeopardy, and he doesn’t need to be doing this,” McCarthy responded. “We saw what people would do in the Capitol, you know, and these people came prepared with rope, with everything else.”
Republicans on the call also mentioned incendiary remarks from other members, including Reps. Louie Gohmert (R-Tx.), Barry Moore (R-Al.), and Lauren Boebert (R-Co.). Cheney pointed to Boebert as a security risk, noting she had tweeted out incredibly sensitive information about the movements of top leaders like House Speaker Nancy Pelosi (D-Ca.) during the attack on the Capitol.
“Our members have got to start paying attention to what they say, too, and you can’t put up with that shit,” McCarthy added later. “Can’t they take their Twitter accounts away, too?”
McCarthy in Hot Water
The newly published recordings also come just days after The Times reported that McCarthy had told members on a call after the insurrection that he would urge Trump to resign.
McCarthy initially called the reporting “totally false and wrong,” but shortly after his denial, The Times received permission from their source to publish audio where he can be heard saying precisely that.
McCarthy, for his part, has tried to spin the situation, claiming that his remarks were still true because he never actually followed through on the plan to call Trump.
Still, the situation prompted widespread backlash from the far-right faction of the Republican party.
Multiple people expressed hesitancy about their support for McCarthy as Speaker of the House if Republicans take control of the chamber in the midterm elections. Some said they could not trust him.
Speaking on his show Tuesday, Foxs News host Tucker Carlson called McCarthy “a puppet of the Democratic Party.”
Gaetz also responded with ire, tweeting out a statement in which he referred to the call as “sniveling” and said of McCarthy and Scalise: “This is the behavior of weak men, not leaders.”
Other members mentioned in the call, however, appeared to brush it off. In a statement to Axios, Moore claimed that the story was engineered by “RINOS” (Republicans in Name Only), and that “Republicans will be more united than ever after taking back the House this November.”
It currently remains unclear whether these revelations with pose any long-term threat to McCarthy, but if Trump is any indication of the far-right party line, the House leader may be in the clear.
After The Times published the audio of McCarthy saying Trump should resign, the former president told The Wall Street Journal that the relationship between the two men was untroubled.
“I think it’s all a big compliment, frankly,” he added. “They realized they were wrong and supported me.”