- The California GOP has installed multiple, unofficial ballot drop-off boxes in Southern California, but Secretary of State Alex Padilla says those boxes are illegal and could result in felonies.
- Padilla has also argued the existence of such boxes could lead to confusion for absentee voters.
- The GOP, citing a 2016 law allowing third parties to collect and deliver ballots, argued that the boxes are legal. The GOP has repeatedly condemned this law before now.
- Padilla has said the 2016 law referenced by the GOP requires voters to designate a specific person to collect their ballot, something a drop box cannot do.
California GOP Sets Unofficial Drop Boxes
Republicans in California have illegally set up multiple, unofficial absentee ballot drop boxes in at least three counties, according to Secretary of State Alex Padilla.
Despite those drop boxes not being official locations established by local election offices, the GOP has listed them as such, reportedly setting them up outside of churches, gyms, gun stores, and gas stations.
On Sunday, Padilla said these drop boxes — which have been found in Los Angeles, Orange, and Fresno Counties — mislead voters and violate state law.
“My office is coordinating with local officials to address the multiple reports of unauthorized ballot drop boxes,” he told the Orange County Register. “Californians should only use official ballot drop boxes that have been deployed and secured by their county elections office.”
According to Padilla, it’s even possible that these drop boxes could result in felony charges, with his office noting that criminal charges for erecting or advertising unofficial ballot boxes could result in a two to four-year prison sentence.
GOP Defends Putting Up Ballot Boxes
The California GOP has defended setting up the drop boxes. It has argued that it is operating under a law that allows third parties to collect and deliver ballots to election officials.
For example, in California, the law allows volunteers and campaign workers to go directly to the homes of voters to collect completed ballots. State Democrats have even held “ballot parties” where attendees fill out their ballots before leaving them with volunteers who later return them to election officials.
Because that law was written by state Democrats and later signed into law by then-Governor Jerry Brown in 2016, the GOP said on Twitter that it was “not sure why people are all of a sudden surprised.”
“If a congregation/business or other group provides the option to its parishioners/associates/ or colleagues to drop off their ballot in a safe location, with people they trust, rather than handing it over to a stranger who knocks on their door – what is wrong with that?” it added.
California Democrats wrote the law (Assembly Bill 1921). Democrats voted for the legislation and Governor Jerry Brown signed it into law. This procedure has been in place since 2016 – not sure why people are all of a sudden surprised. https://t.co/2EB1PLuZCt— CAGOP (@CAGOP) October 11, 2020
The National Republican Congressional Committee also suggested that Democrats are “only ok with ballot harvesting” when they’re the ones doing it.
Since the introduction of this law, the GOP has criticized it extensively. In May, the GOP sued Governor Gavin Newsom over the practice ahead of a special election.
Democrats have justified the law by saying that it can increase voter turnout for people living with disabilities, as well as for other people who might not be able to make it to the polls.
Still, there is a key difference between how that 2016 law works and how the California GOP is using it. Specifically, Padilla said these drop boxes are illegal because that law requires a voter to designate a person to return their ballot; however, no one is present at these drop boxes.
On top of that, Padilla said the unofficial drop boxes don’t meet security requirements.
Now, Padilla’s office has said that it will be sending updated guidance to both Democrats and Republicans, warning them that they could face criminal charges if they use unsanctioned drop boxes.
If you’re a California voter, you can go to the secretary of state’s website to find official drop-off locations.
Confusion in Other States Over Absentee Voting Rules
COVID-19 has brought about unprecedented change to the American voter system. In return, that has brought with it confusion over how voters in each state are allowed to cast ballots.
In North Carolina, at least 6,800 ballots are in limbo because of errors voters made while filling out those ballots. Notably, almost half are from people of color.
While the state’s Board of Elections said last month that it would allow voters to fix those errors, a federal judge halted the plan on Oct. 3, arguing that it changed the rules too close to Election Day.
North Carolina is a key swing state where both President Donald Trump and Democratic candidate Joe Biden are running a tight race. In fact, in 2008, Barack Obama only won it by 14,000 votes.
In Pennsylvania, a federal judge has now denied the Trump campaign and the Republican Party’s attempts to make drop boxes in Pennsylvania unconstitutional.
In Texas, Governor Greg Abbott issued a proclamation at the beginning of the month that blocked Texas counties from setting up more than one absentee ballot drop box location during the early election period.
That order was overturned on Friday by U.S. District Judge Robert Pitman, who called the order “perplexing” since it didn’t affect counties’ abilities to set up multiple drop-off locations on Election Day and since multiple drop-off locations had already been set up.
Pitman also argued that Abbott’s proclamation created confusion among voters and disproportionately affected elderly voters, voters living with disabilities, and voters in populous counties.
On Saturday, Pitman’s injunction on the proclamation was temporarily halted by an appeals court judge. The order will now stay in effect until the court rules on the matter.
See what others are saying: (The Washington Post) (Newsweek) (The Hill)
Jan. 6 Committee Prepares Criminal Charges Against Steve Bannon for Ignoring Subpoena
The move comes after former President Trump told several of his previous aides not to cooperate with the committee’s investigation into the insurrection.
Bannon Refuses to Comply With Subpoena
The House committee investigating the Jan. 6 insurrection announced Thursday that it is seeking to hold former White House advisor Steve Bannon in criminal contempt for refusing to comply with a subpoena.
The decision marks a significant escalation in the panel’s efforts to force officials under former President Donald Trump’s administration to comply with its probe amid Trump’s growing efforts to obstruct the inquiry.
In recent weeks, the former president has launched a number of attempts to block the panel from getting key documents, testimonies, and other evidence requested by the committee that he claims are protected by executive privilege.
Notably, some of those assertions have been shut down. On Friday, President Joe Biden rejected Trump’s effort to withhold documents relating to the insurrection.
Still, Trump has also directed former officials in his administration not to comply with subpoenas or cooperate with the committee.
That demand came after the panel issued subpoenas ordering depositions from Bannon and three other former officials: Chief of Staff Mark Meadows, Deputy Chief of Staff Dan Scavino, and Pentagon Chief of Staff Kash Patel.
After Trump issued his demand, Bannon’s lawyer announced that he would not obey the subpoena until the panel reached an agreement with Trump or a court ruled on the executive privilege matter.
Many legal experts have questioned whether Bannon, who left the White House in 2017, can claim executive privilege for something that happened when he was not working for the executive.
Panel Intensifies Compliance Efforts
The Thursday decision from the committee is significant because it will likely set up a legal battle and test how much authority the committee can and will exercise in requiring compliance.
It also sets an important precedent for those who have been subpoenaed. While Bannon is the first former official to openly defy the committee, there have been reports that others plan to do the same.
The panel previously said Patel and Meadows were “engaging” with investigators, but on Thursday, several outlets reported that the two — who were supposed to appear before the body on Thursday and Friday respectively — are now expected to be given an extension or continuance.
Sources told reporters that Scavino, who was also asked to testify Friday, has had his deposition postponed because service of his subpoena was delayed.
As far as what happens next for Bannon, the committee will vote to adopt the contempt report next week. Once that is complete, the matter will go before the House for a full vote.
Assuming the Democratic-held House approves the contempt charge, it will then get referred to the U.S. Attorney for the District of Columbia to bring the matter before a grand jury.
See what others are saying: (CNN) (The Washington Post) (Bloomberg)
Senate Votes To Extend Debt Ceiling Until December
The move adds another deadline to Dec. 3, which is also when the federal government is set to shut down unless Congress approves new spending.
Debt Ceiling Raised Temporarily
The Senate voted on Thursday to extend the debt ceiling until December, temporarily averting a fiscal catastrophe.
The move, which followed weeks of stalemate due to Republican objections, came after Senate Minority Leader Mitch McConnell (R-Ky.) partially backed down from his blockade and offered a short-term proposal.
After much whipping of votes, 11 Republicans joined Democrats to break the legislative filibuster and move to final approval of the measure. The bill ultimately passed in a vote of 50-48 without any Republican support.
The legislation will now head to the House, where Majority Leader Steny Hoyer (D-Md.) said members would be called back from their current recess for a vote on Tuesday.
The White House said President Joe Biden would sign the measure, but urged Congress to pass a longer extension.
“We cannot allow partisan politics to hold our economy hostage, and we can’t allow the routine process of paying our bills to turn into a confidence-shaking political showdown every two years or every two months,’’ White House Press Secretary Jen Psaki said in a statement.
Under the current bill, the nation’s borrowing limit will be increased by $480 billion, which the Treasury Department said will cover federal borrowing until around Dec. 3.
The agency had previously warned that it would run out of money by Oct. 18 if Congress failed to act. Such a move would have a chilling impact on the economy, forcing the U.S. to default on its debts and potentially plunging the country into a recession.
Major Hurdles Remain
While the legislation extending the ceiling will certainly offer temporary relief, it sets up another perilous deadline for the first Friday in December, when government funding is also set to expire if Congress does not approve another spending bill.
Regardless of the new deadline, many of the same hurdles lawmakers faced the first time around remain.
Democrats are still struggling to hammer out the final details of Biden’s $3.5 trillion spending agenda, which Republicans have strongly opposed.
Notably, Democratic leaders previously said they could pass the bill through budget reconciliation, which would allow them to approve the measure with 50 votes and no Republican support.
Such a move would require all 50 Senators, but intraparty disputes remain over objections brought by Joe Manchin (D-W.V.) and Kyrsten Sinema (D-Az.), who have been stalling the process for months.
Although disagreements over reconciliation are ongoing among Democrats, McConnell has insisted the party use the obscure procedural process to raise the debt limit. Democrats, however, have balked at the idea, arguing that tying the debt ceiling to reconciliation would set a dangerous precedent.
Despite Republican efforts to connect the limit to Biden’s economic agenda, raising the ceiling is not the same as adopting new spending. Rather, the limit is increased to pay off spending that has already been authorized by previous sessions of Congress and past administrations.
In fact, much of the current debt stems from policies passed by Republicans during the Trump administration, including the 2017 tax overhaul.
As a result, while Democrats have signaled they may make concessions to Manchin and Sinema, they strongly believe that Republicans must join them to increase the debt ceiling to fund projects their party supported.
It is currently unclear when or how the ongoing stalemate will be resolved, or how either party will overcome their fervent objections.
See what others are saying: (The New York Times) (NPR) (The Washington Post)
California Makes Universal Voting by Mail Permanent
California is now the eighth state to make universal mail-in ballots permanent after it temporarily adopted the policy for elections held amid the COVID-19 pandemic.
CA Approves Universal Voting by Mail
California Gov. Gavin Newsom (D) signed a bill Monday requiring every registered voter in the state to be mailed a ballot at least 29 days before an election, whether they request it or not.
Assembly Bill 37 makes permanent a practice that was temporarily adopted for elections during the COVID-19 pandemic. The law, which officially takes effect in January, also extends the time mail ballots have to arrive at elections offices from three days to seven days after an election. Voters can still choose to cast their vote in person if they prefer.
Supporters of the policy have cheered the move, arguing that proactively sending ballots to registered voters increases turnout.
“Data shows that sending everyone a ballot in the mail provides voters access. And when voters get ballots in the mail, they vote,” the bill’s author, Assemblyman Marc Berman (D-Palo Alto), said during a Senate committee hearing in July.
Meanwhile opponents — mostly Republicans — have long cast doubts about the safety of mail-in voting, despite a lack of evidence to support their claims that it leads to widespread voter fraud. That strategy, however, has also faced notable pushback from some that a lot of Republicans who say it can actually hurt GOP turnout.
Others May Follow
The new legislation probably isn’t too surprising for California, where over 50% of votes cast in general elections have been through mail ballots since 2012, according to The Sacramento Bee. Now, many believe California will be followed by similar legislation from Democrats across the country as more Republican leaders move forward with elections bills that significantly limit voting access.
Newsome signed 10 other measures Monday changing election and campaign procedures, including a bill that would require anyone advocating for or against a candidate to stand farther away from a polling place. Another bill increases penalties for candidates who use campaign funds for personal expenses while a third measure increases reporting requirements for limited liability corporations that engage in campaign activity.
“As states across our country continue to enact undemocratic voter suppression laws, California is increasing voter access, expanding voting options and bolstering elections integrity and transparency,” Newsom said in a statement.
“Last year we took unprecedented steps to ensure all voters had the opportunity to cast a ballot during the pandemic and today we are making those measures permanent after record-breaking participation in the 2020 presidential election.”
The news regarding California came just in time for National Voter Registration day today, giving Americans another reminder to make sure they’re registered in their states. For more information on how to register, visit Vote.gov or any of the other resources linked below.