The 3 possible outcomes of the midterms in Congress, explained

Originally published in Vox with Dylan Scott and Li Zhou on November 2, 2022
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Once the dust settles from the midterm elections, what — if anything — is Congress likely to do over the next two years?

Right now, polls and forecasts suggest the Senate still is a toss-up, while Republicans are more likely than not to win a majority in the House of Representatives. That would mean some form of divided government, with Republicans in charge of one or both houses of Congress while President Joe Biden and his veto pen would be able to stop them from implementing much of their agenda. But it’s still possible, although it currently looks less likely, that Democrats could hold onto the Senate, giving them two more years of a Democratic trifecta.

Those three scenarios — Republicans winning just the House, Republicans winning the House and Senate, and Democrats holding on to control of Congress — differ in important ways. A Republican-dominated Congress could create something like gridlock, leading to potential battles over the debt ceiling and government funding and giving the Senate the power to hold up Biden’s nominees. A split legislature, with Republicans controlling only the House of Representatives, would put a focus on investigations and, potentially, lead to a vote to impeach Biden. And if Democrats retain control, they’ll face many of the same challenges they did over the last two years.

Here are the three possible outcomes of the midterms and what might happen once the new Congress begins in January 2023.

Scenario 1: Republicans control both houses of Congress

How likely is it? Not unlikely! Forecasts from Politico and FiveThirtyEight suggest Republicans are favored to win the House, while the Senate is a toss-up that comes down to a few key races.

What’s at stake? If Republicans win control of the House and Senate, they’ll have the scope to pursue a legislative agenda beyond what they’ve promised on the campaign trail — even if President Joe Biden’s veto could ultimately block most of their ability to make it a reality.

GOP House Minority Leader Kevin McCarthy, who would become House speaker if elected, released a “Commitment to America” agenda in September — mostly a vague, one-page outline of Republican talking points like “curb wasteful government spending” and “create good-paying jobs,” though it was sprinkled with a few specifics, like a pledge to hire 200,000 more police officers and end proxy voting in Congress, which allows members to cast votes remotely. McCarthy also promises to “confront Big Tech” and expand school choice and a “Parents’ Bill of Rights.”

The one-pager and the Republican campaign for controlling Congress mask what are sure to be larger fights within the Republican caucus around fiscal policy. Many House conservatives are interested in using forthcoming debt limit fights to force Democrats’ hands on cutting entitlement programs.

This hasn’t been a center of the midterm campaigns: The Commitment to America agenda says nothing about Medicare or Social Security. But earlier this year, the Republican Study Committee, the House’s conservative caucus that comprises nearly 75 percent of the House GOP, released a 122-page manifesto that pledged to cut Medicare and Social Security benefits by raising the eligibility age as well as pushing beneficiaries to enroll in private Medicare and retirement plans.

In the Senate, Sen. Rick Scott (R-FL) endorsed the idea of forcing Congress to vote on reauthorizing Social Security and Medicare every five years, and Sen. Ron Johnson (R-WI) backed voting on the entitlement programs annually. Some conservatives and even prominent liberals believe Republicans could use the threat of a government default to force Democrats’ hand in these areas, though, for now, Biden has promised to veto any cuts to the programs. Senate Minority Leader Mitch McConnell has also so far rejected these ideas, calling them nonstarters, but the debate is unlikely to die out.

The Republican agenda for abortion rights also hasn’t been something they’ve sought to campaign on in the midterms but could become a top issue if they take control of Congress. The Commitment to America platform states merely that the Republican Party would “defend the unborn, fight for life,” but the RSC manifesto lists nearly two dozen anti-abortion bills the caucus supports codifying, including a bill effectively prohibiting abortions after about six weeks, and one that would provide 14th Amendment protections to fetuses.

Sen. Lindsey Graham (R-SC) introduced a bill in September banning abortion after 15 weeks. When he introduced a bill banning abortion after 20 weeks in 2021, 45 Senate Republicans joined in support. While anti-abortion groups are pressing Republicans to go on the offensive, it seems for now congressional Republicans are waiting to see how the issue plays out in the midterms.

With two years ahead of the next presidential election, it’s likely GOP lawmakers will be keen to avoid giving Biden more big bipartisan wins, like they did in his first two years, compromising on issues like gun control, infrastructure, and competitiveness with China.

Were Republicans able to retake the Senate, they would be able to vote down Biden’s judicial nominees (including any that come up on the Supreme Court), block them wholesale from consideration, and pressure the White House to pick what they perceive as more moderate options. Republican lawmakers have already signaled that they may not consider Biden’s nominees.

In April, McConnell wouldn’t commit to giving a Supreme Court pick a hearing in 2023 if the Republicans retook their majority. It’s something he’s done before: During the Obama administration, McConnell notably blocked Supreme Court nominee Merrick Garland from ever getting a hearing by arguing that his nomination was in an election year.

What constraints would the party in power face? The House and Senate will ultimately be limited on what they can enact into law over the next two years, as Biden will remain in the White House with a veto pen he promises to use. The Senate will also lack a veto-proof conservative majority, even if Republicans win control of the chamber. But even if it’s unlikely that Republicans manage to pass very conservative bills into law, a Republican-controlled Congress will certainly be able to stymie Biden’s legislative agenda.

Scenario 2: A divided Congress

How likely is it? Congress could be divided two ways — with a Democratic Senate and Republican House, or the reverse, a Republican Senate and Democratic House. The latter is very unlikely; if Democrats perform well enough to hold on to the House, they’re unlikely to lose Senate control. The Senate is a toss-up while the House leans Republican, so the former certainly could happen.

What’s at stake? In the case of a split Congress, the likelihood of more ambitious legislation passing is exceedingly slim. Instead, the two chambers are poised to focus on their own respective priorities, while facing clashes over must-pass bills like government funding and an increase to the debt ceiling.

As House Minority Leader Kevin McCarthy has made clear, House Republicans are prepared to hold any increase to the debt ceiling hostage in exchange for cuts to other programs like clean energy investments and Social Security. In that case, the House and Senate could face an interminable standoff that could put the United States on the verge of defaulting on its debt, a scenario that could have devastating consequences for the economy.

On the House side, meanwhile, a Republican lower chamber would be able to proceed with its many investigations even if the GOP doesn’t control the Senate. As would be the case if Republicans captured the majority in both chambers, they’d have free rein to hold investigations in the House on everything from Hunter Biden’s financial dealings to the Biden administration’s approach to border security, and they intend to use it.

Investigations and impeachment votes can both proceed without the Senate’s approval or the White House’s signature. Some House members have already said they plan to push for the impeachment of President Biden, and have already introduced at least eight resolutions to do that.

Last week, the Atlantic’s Barton Gellman — who was prescient in predicting that Donald Trump would not admit defeat if he lost his reelection bid — published a piece detailing why he thinks a new House Republican majority would vote to impeach Biden within its first year, largely driven by mounting caucus pressure from election deniers who cast Biden as illegitimately elected.

House Republicans could also push for the impeachment of other high-ranking Biden administration officials, including US Attorney General Merrick Garland, Homeland Security Secretary Alejandro Mayorkas, and Vice President Kamala Harris, and hold a series of House investigations next year if they take power, specifically on areas like Democrats’ handling of the southern border, the DOJ, inflation, and the energy crisis. Rep. James Comer (R-KY) is set to lead the House Oversight and Reform Committee and told Politico he also wants to spearhead investigations into the business dealings of Hunter Biden and the origins of Covid-19.

“Part of our constitutional duty is oversight,” said Rep. Jim Jordan (R-OH), a founder of the Freedom Caucus, who’s expected to wield significant influence in a Republican majority, during the Conservative Political Action Conference earlier this year. “We need to know why the Biden administration has taken the intentional position of not having a border.”

What constraints would the party in power face? With Senate control, Democrats could continue to advance more judges and executive branch nominees. The Senate, after all, retains the critical ability to approve judges for district courts, circuit courts, and the Supreme Court with a simple majority. Filling these vacancies will be a crucial priority for Democrats if they’re able to hang onto the Senate, especially after Republicans spent much of the Trump administration attempting to stack the courts in their favor.

“The main difference between a split Congress and one controlled by Republicans completely would be Biden’s ability to fill judicial and other vacancies,” says Kyle Kondik, managing editor of Sabato’s Crystal Ball at the University of Virginia.

Already, the Senate has confirmed judges at a rapid clip, approving Biden’s faster than any president at this point in their term since President John F. Kennedy. Biden’s nominees have also included a significant number of women, racial and ethnic minorities, and public defenders, all groups that Democrats could continue to prioritize for these roles if they hold the upper chamber. As of early October, there were still 44 judicial nominees pending in the Senate and additional vacancies that did not have nominees yet.

Scenario 3: Democrats keep control of Congress

How likely is it? This is the unlikeliest scenario of the three, according to the polling and election forecasters. The president’s party historically loses ground in the midterm elections, and Democrats hold narrow majorities as it is. But with an unusual political climate — inflation is up, but unemployment is low, while the Supreme Court’s June abortion ruling has animated the Democratic base — they have at least an outside chance to defy one of the most consistent trends in US politics.

What’s at stake: Democrats would have two more years of complete control in Washington (outside of the Supreme Court). The legislative agenda is theirs to set. What do they want to do?

Based on interviews with current and former congressional staff, as well as lobbyists and progressive advocates, two items would almost surely be the subject of legislative debate and possible action: abortion rights and election integrity.

The consequences of the Supreme Court’s Dobbs decision and anti-democratic radicalism within the Republican Party have been the two of the most consistent themes in Democratic campaigns this cycle.

Both would likely require modifying the filibuster in the Senate, presuming (as we safely can) Democrats are still short of a 60-vote supermajority. That is where the difference between a 50-seat Democratic majority and a 52-seat one matters; Sens. Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) are resolutely opposed to weakening the filibuster, but incoming Democratic senators will have signaled an openness to it on the campaign trail.

Some bills — the Women’s Health Protection Act on reproductive rights, the Electoral Count Reform Act (if it doesn’t pass this Congress), and the John Lewis Voting Rights Act for election integrity — could serve as a starting point for those efforts, if the filibuster were no longer an obstacle. But they are only starting points and far from finished products, as earlier Senate Democratic disagreements about the WHPA and voting rights laid bare.

Democrats would also have a chance to pass budget reconciliation legislation without having to worry about the filibuster (though they would be limited in what they could do).

“The good news is it’s highly unlikely the government is going to shut down and you can still pass a lot of stuff using the reconciliation process,” said Jim Manley, a longtime strategist for former Senate Democratic leader Harry Reid. “Nothing comes easy on Capitol Hill these days, but it helps your odds of getting something done besides continuing to fund the government.”

The contours of any reconciliation bill would depend on the macroeconomic situation. Is inflation still at historic highs? Has the economy entered a recession and sent unemployment soaring? That would dictate, at least in part, how much Democrats might be willing to approve new spending or hike taxes to pay for their spending plans.

The leftover pieces of Biden’s Build Back Better plan would likely be the starting point for any reconciliation bill that the next Congress might decide to pursue in 2023. Democrats passed climate provisions as well as fixes to the Affordable Care Act as part of the Inflation Reduction Act. But entire swaths of the BBB agenda focused on child care, pre-K, and long-term care for seniors and people with disabilities were cut out during the 18-month negotiations that were largely driven by Manchin and Sinema’s desires.

What constraints would the party in power face? The 2024 election looms, with either Joe Biden preparing to run for reelection (more likely if Democrats win a historic victory in the midterms) or a swarm of possible successors jockeying for a position from Capitol Hill. The Senate map in 2024 is much less favorable to Democrats than it was in 2022, which may make Senate leaders reluctant to put their most vulnerable members (in states like Montana, Arizona, and Wisconsin) through a messy legislative debate or force them to take difficult votes.

“If you’re just thinking of it from that perspective, with all those Democrats up for reelection, I question how much of an appetite there’s going to be for a progressive agenda,” Manley said.

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It would also make a difference whether Democrats continue to cling to 50 seats in the Senate, leaving Manchin and Sinema (who are up for reelection themselves in 2024) with an effective veto pen over the legislative agenda. If they can expand their majority to, say, 52, that would give party leadership some wiggle room in deciding which policies to pursue.

Those would likely be difficult debates, on both the particulars of the policy and the prospect of changing the Senate’s rules for good. But progressives argue Democrats would have a mandate to act.

A Democratic victory would reflect “overreach by the GOP in terms of extremism, plus Democrats competently governing in some difficult terrain,” said Mary Small, national advocacy director for Indivisible. “Codifying abortion rights has also been a galvanizing issue for voters.”

Still, progressives hope Democrats feel emboldened if they wake up one morning in November (or December, depending) and learn they are still in control of Congress. They will have passed two major bills (the American Rescue Plan and IRA), weathered soaring inflation, and still earned the trust of voters.

They will also try to learn from the mistakes of the past two years, where they feel a lengthy legislative debate reduced the urgency to get something done as the immediate concerns of voters and lawmakers transitioned from the economic recovery of early 2021 to the inflation crisis of 2022. They are hoping they can tell a more consistent story about how the policies that Democrats are proposing will materially improve voters’ lives.

“Doing nothing is not going to help us make the argument in 2024,” Small said. An unlikely victory in 2022, she said, would call for “repeating their work to call out the extremism of the GOP and to competently deliver on ways that improve people’s lives materially.”

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The Charter School Primary

Originally published in The American Prospect on July 15, 2019.
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When Bernie Sanders, the Vermont senator running for president, released his wide-ranging education plan in mid-May, most of the media coverage focused on his proposals around charter schools. Commenters specifically focused on his calls to ban for-profit charters, which represent about 15 percent of the sector, and to halt federal funding for new charter schools until a national audit could assess the impact of charter growth in each state.

Many education policy experts suspect that such an audit would eventually lead to banning all new charters, but the Sanders campaign says they are just taking their cues from the NAACP. In 2016, the civil rights group called for a moratorium on new charters until existing ones were brought under the same transparency and accountability standards as traditional public schools.

Derrick Johnson, the president of the NAACP, told The New York Times that his organization loves that Sanders’s plan adopts their language around charters. “If we have a problem with the delivery of our education system, you don’t create ancillary systems for some of the children and not address the comprehensive problem,” he said.

To fight back, many charter supporters have sought to cast Sanders as uniquely extreme on the issue, especially in his efforts to link charter schools with segregation. But it’s hard to target Sanders as extreme when the entire 2020 field has joined and even surpassed Sanders on the issue. The charter school movement’s complete loss of clout in the Democratic Party is one of the more surprising stories of the election cycle.

At the start of July, the National Alliance for Public Charter Schools released an open letter, imploring Sanders to withdraw his call for a moratorium and “back away from calls for additional regulations that are not in the best interests of schools or students.” The 244 signatories defended the results from charters, citing a 2015 report from the Center for Research on Academic Outcomes, and stressed that charters are in high-demand among families of color. “District-operated public schools have systemically failed students of color for generations,” they wrote.

While the letter didn’t specifically cite Sanders’s call to ban for-profit charters, the signatories included Fernando Zuleta, the president of the for-profit charter management company Academica, and seven board members of National Heritage Academies, another for-profit charter company that operates over 80 schools across nine states.

Sanders isn’t the first mainstream Democrat to criticize charter schools—while campaigning in 2016, Hillary Clinton came out against for-profit charters, as did the Democratic Party platform for the first time. Even many charter leaders, including the president of the Democrats for Education Reform, have condemned for-profit charter schools in recent years.

The pressure to ramp up the rhetoric against charters stems not only from a fierce competition to court teacher unions—an influential Democratic constituency long hostile to charters—but also due to dwindling support among white Democratic voters. According to polling from Education Next, 50 percent of white Democrats now oppose charters, and support among white Democrats fell from 43 to 27 percent between 2016 and 2018. By contrast, charter support among black and Hispanic Democrats remained steady over those two years, and more of both groups support charters than oppose them.

Similar results were found in a recent poll commissioned by Democrats for Education Reform. The group found that 58 percent of black Democrats are favorable towards charters, while 31 percent are opposed. Among Hispanic voters, 52 percent supported charters, while 30 percent opposed. But among white Democrats, 26 percent were favorable, and a whopping 62 percent were opposed.

The candidates’ critical positions seem to be responding in part to this new political landscape. And as Education Secretary Betsy DeVos remains a staunch champion for both school vouchers and charters, Democrats see distancing themselves from education reform as an easy way to contrast themselves with the deeply unpopular Trump administration.

Earlier this month, at a presidential forum hosted by the National Education Association (NEA), New York City Mayor Bill de Blasio came out swinging against charters, which educate 10 percent of public school students in his city. While de Blasio has long been known as a charter school skeptic, and has battled with Eva Moskowitz, the leader of New York City’s largest charter network in the past, he also has sought to assure voters that he does not outright oppose charter schools, and can negotiate compromises with them.

At the forum he made clear he was no longer seeking such nuance or compromise. “I am angry about the privatizers,” he told the crowd. “I hate the privatizers and I want to stop them.” When asked a question about standardized testing, he responded, “Get away from high-stakes testing, get away from charter schools. No federal funding for charter schools.” His last point goes beyond what what Sanders has called for.

Meanwhile, Jay Inslee, the governor of Washington state, released his education plan this month, which also called for an end of federal funding to new charter schools. He made no mention of a study or even a moratorium. Inslee also called for improvements in charter accountability and transparency, and bolstering diversity at existing charter schools.

Inslee has been critical of charters in his home state, where just a dozen currently operate. In 2012, when he first ran for governor, he opposed a ballot initiative to allow the creation of charters and in 2015 he emphasized that his position remained unchanged. “I opposed the initiative that created charter schools because I did not believe that public money belongs in schools that lack public oversight and accountability,” he said.

Hours after Sanders’s education plan was released, Elizabeth Warren told reporters that she agreed for-profit charters are “a real problem.” She has not yet released her own K-12 plan. While the Massachusetts senator has supported charter schools in the past, in 2016 she came out against a high-profile ballot initiative that would have allowed charters to expand much more quickly in her state. The measure ended up failing, with 62 percent of voters siding against it.

South Bend Mayor Pete Buttigieg also came out to say he supports Sanders’s proposal to ban for-profit charter schools, though he affirmed a month earlier that charters “have a place” in the education landscape “as “a laboratory for techniques that can be replicated.”

Beto O’Rourke, who opposes a national moratorium on new charters, told the NEA presidential forum that “There is a place for public nonprofit charter schools, but private charter schools and voucher programs—not a single dime in my administration will go to them.” O’Rourke has supported charters in the past, and his wife is a former charter school leader who now sits on the board of a local education reform group that supports expanding charters in El Paso.

Kamala Harris has not yet released any plan on charter schools, though in January a spokesperson for her campaign told me that the senator is “particularly concerned with expansions of for-profit charter schools and believes all charter schools need transparency and accountability.” California lawmakers passed a ban on for-profit charters last fall, and passed new transparency measures this year. As attorney general, Harris launched a probe into K12 Inc., a for-profit charter school company, alleging it used false advertising, saddled its California schools with debt, and inflated its student attendance numbers to collect additional state funds. K12 ended up settling with the state for $168.5 million.

Even Joe Biden has made unusually critical comments about charter schools, notable as the Obama administration was very supportive of them and the former vice president generally seeks to align himself closely with Obama on the campaign trail. “I do not support any federal money for for-profit charter schools, period,” Biden said at a Houston town hall hosted by the American Federation of Teachers. He also added that “there are some charter schools that work.” His education plan does not actually mention charters.

Cory Booker, the Democratic candidate most closely associated with supporting charter schools, has also tamped down some of his charter rhetoric. While he continues to defend the educational reforms he led in Newark, including an expansion of charter schools, on the campaign trail he’s also sought to distance his hometown from charter experiments elsewhere.

“I’ve seen charter school models that are outrageous and unacceptable. I’ve seen charter laws propagated by Republicans that just outright dangerous. And so I understand those people, I’m one of them, that wants to stop those kind of movements,” he told the Washington Examiner in response to a question about Sanders’s education plan. “But I’ve also seen in places like Newark, New Jersey, and other places where local leaders are making decisions that elevate the best educational possibilities of their children, and local leadership should be allowed to do that.”

The turn against charter schools within the Democratic primary does not offer the industry an easy way to separate Sanders or Warren from the rest of the 2020 field. It’s part of a larger sea change on education within the party, though one that’s unevenly reflected so far across racial groups.

Education Reform Democrats Look Ahead to Life After Obama

Originally published in The American Prospect on July 26, 2016.
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Lately on the campaign trail, Hillary Clinton has been talking about how she wants to end the “so-called education wars.” The Democratic presidential nominee wants to see the factionalism among education groups end and instead see new coalitions form to advance policies on which all can agree. Clinton took this message on the road to the National Education Association and the American Federation of Teachers conferences earlier this month, and her campaign proffered another education olive branch to the Democrats for Education Reform on Monday in downtown Philadelphia.

Virtually every speaker lauded President Obama’s education legacy, highlighting his support for charter schools and test-based accountability at the organization’s day-long Democratic National Convention forum. Shavar Jeffries, the president of Democrats for Education Reform, said he recognized that many have been feeling anxious and unsure about whether Obama’s successor will be as friendly toward their political agenda as he was.

Ann O’Leary, a senior adviser to Hillary Clinton, assured the school choice–supporting audience that the Democratic presidential nominee and the reformers have a “shared vision.” She said that Clinton touted “great charter schools” at both of those recent teacher union conferences. But Clinton notably did not lavish praise on charter schools when she appeared before the American Federation of Teachers last week in Minneapolis. After denouncing for-profit charters and vouchers, she said simply, “where there are public charter schools, we will learn from them.”

Kira Orange Jones, the executive director for Teach for America’s greater New Orleans region, said that she’s “profoundly concerned” that the Democratic Party may divert its attention away from protecting the rights of all children, especially the most disenfranchised. “That’s our party, that’s why I’m a Democrat,” she said.

Meanwhile, school integration also prompted a vigorous discussion among attendees. Kristen Clarke, the president and executive director of the National Lawyers’ Committee for Civil Rights Under Law, made an impassioned case for a deeper focus on integration. “We cannot turn our backs on Brown [v. Board of Education],” she said. “And, yes, I do think [Democrats for Education Reform] stands to play an important role in moving that project forward.”

Others made the case for successful segregated charter schools, and questioned whether a real political will exists to pursue new desegregation efforts. Surprisingly, attendees had very little to say about Clinton’s Democratic vice presidential pick, Tim Kaine, or his wife, Anne Holton. Holton, who recently stepped down as Virginia’s education secretary, was a strong supporter of school integration and had opposed the further expansion of charter schools. Her father, former Virginia Governor A. Linwood Holton, a Republican, championed school desegregation during his time in office in the early 1970s.

Though the forum focused on the future of the Democratic Party’s educational agenda, teachers unions, a core constituency within the party, received little attention. “Unions don’t get all the seats at the table,” said Ben LaBolt, a former Obama spokesperson who now heads a communications firm working toweaken teacher tenure and other job protections.

Tafshier Cosby-Thomas, a Newark parent who came down to Philadelphia for the discussions, told The American Prospect that she believed that teachers unions in Newark are “very territorial” and don’t want to collaborate. “They don’t want to even find out about what’s happening in the charter schools,” she said. “I don’t know if they’re unwilling or if traditionally they’re standoffish.”

While education reformers were clearly throwing their political weight behind Hillary Clinton—organizers passed out pins with Clinton’s picture on them to all the attendees—some audience members were still “feeling the Bern.” Kean University student Yasmine Veale, a member of the New Jersey Black Alliance for Educational Options told the Prospect that she’s been considering becoming an independent in the next election cycle. “I’d like to see Democrats become more progressive, and not stay in the center,” she said. Like many millennial women, Veale backed Bernie Sanders during the presidential primary.

“I’m glad that some of what Bernie wanted made its way into the party platform,” she said. “But I’d still really like to see free education for all. It’s crazy that I have to work three jobs … and I’m still going to have a whole bunch of debt.”

Joy Russell, a Washington parent who serves on the advisory board of the Democrats for Education Reform’s D.C. chapter, told the Prospect that she feels confident Hillary Clinton will continue to push for the education policies that Obama has backed, but that overall, “politics have been getting in the way” of ensuring high-quality education for all kids.

Interview with Representative Donna Edwards

Originally published on April 25th in In These Times as part of a larger interview series with progressive political challengers.
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DONNA EDWARDS

BACKGROUND: U.S. Representative for Maryland’s 4th District since 2008, attorney, and first executive director and co-founder of the National Network to End Domestic Violence

THE RACE: U.S. Senate, Maryland

Donna Edwards, 57, is facing off against fellow Congress member Rep. Chris Van Hollen in the April 26 primary. Of the two, only Edwards voted in favor of the Congressional Progressive Caucus 2016 budget. Unlike Hillary Clinton, Edwards was not endorsed by the famously corporate-friendly Congressional Black Caucus PAC. In response to that failure to endorse, the racial justice group Color of Change began circulating a petition in March asking people to call on the CBC PAC to remake their board, because the current board is dominated by lobbyists who represent corporations “that are notorious for mistreatment and exploitation of Black people, including private prisons, big tobacco and the anti-worker companies that make up the National Restaurant Association.”

KEY ENDORSEMENTS: Progressive Democrats of America and Democracy for America, UNITE HERE, International Association of Machinists, NOW
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Why are you running for Senate?

DONNA EDWARDS: I’m running for the Senate to give a voice to average working people in Maryland. People like single moms and young men who maybe messed up and want to restart their lives, and our seniors and veterans and small businesses and women and minority-owned businesses who need a voice at the table where public policy is made. And my life experience as a working person gives me an important voice that’s missing from the United States Senate.

What are the three most important issues facing America today that should be addressed in the Democratic Party platform and how are you proposing to address those issues?

You start with an education system that’s very flawed, in which depending on what zip code you’re in, you get a better education than the next kid. That hampers your ability to get a job and get a start in the economy and earn your way into the middle class. We have to create jobs and opportunity through investing in our transportation and our infrastructure, and jobs for the 21st century, and stop trading them away to our competitors. We have trade policies that really disadvantage average American workers.

And we have to deal with changing the economic processes in our urban communities. That goes from improving law enforcement and pursuing community-based relationships, to getting guns off of our streets, to educating and training and creating jobs in the urban core. If we do that, we will strengthen the rest of the country.

How have social movements like Black Lives Matter, Occupy and climate change activism influenced your campaign?

I’ve always believed in outside movements, because I think that government doesn’t move effectively and elected officials don’t move effectively unless they have a big push from the outside. Black Lives Matter, for example, has certainly changed the conversation when it comes to mass incarceration, law enforcement and improving young black men and women’s prospects.

Look at climate change. We would not elevate these concerns about climate change if the young people around this country didn’t say “we want an earth that’s available to all of us and for future generations,” and really compel us to act. So I very much believe in organizations pushing the envelope for policymakers, holding us accountable. That will make me a better senator, and it will get us better policies.

Bernie Sanders campaign has galvanized young progressive voters across the country and attracted a lot of independent support. What are the lessons here for the Democrats and for your campaign in particular?

My campaign has focused on energizing and organizing people who sometimes sit outside the political process because they don’t believe it’s about them. We have let them know that I intend to have their voice in the United States Senate. And they’re responding to that.

We’ve done that by pushing against this party establishment that really just wants to anoint and appoint the next successor to [incumbent Maryland Sen.] Barbara Mikulski, and people are standing up and saying “no, that’s not the way we do it.” We want to make sure that the voices of working women, black women, young people, our seniors and our veterans are heard in public policy. And they’re showing up in waves of volunteers and small donors.

What is your campaign doing to bring more people into the political process?

We’ve spent a lot of time getting to know people who are running community-based organizations that are under the radar—like those working with ex-offenders and registering ex-offenders, who can now vote in the state of Maryland, so they have a voice. We’ve spent time with single moms and working moms who are struggling to make ends meet. We’ve reached out to some people who say, “You know, I’ve never voted before,” or “I only vote sometimes, but I believe in you and I believe in us and I’m prepared to vote.” And we’ve been organizing and working on college campuses to draw in young people, to make sure that they feel like they’re part of this campaign. All of those things are why I’m ahead in the polls.

Democrats have lost their majorities in both the House and Senate. What do you think the Democratic Party needs to do to gain them back?

Number one, we should not run away from who we are as Democrats and the values that we share. We should be the party standing up to protect and expand Social Security and Medicare; we should be the party that’s creating middle-class jobs and making sure that college is affordable so that our young people can realize their aspirations. We need to be the Democratic Party that works for working people. When we do that, people respond.

I go back to Shirley Chisholm; when she was first elected to the House of Representatives, she said, “If they don’t put a seat at the table, bring your folding chair.” And so we’re going to take folding chairs into the Senate so the voices of ordinary working people get heard.

Why do you think you’re a more qualified candidate than Chris Van Hollen, the U.S. representative from Maryland who is also running for Mikulski’s seat?

In addition to being a lawyer and having worked in the private sector as a systems engineer and analyst for Lockheed Martin, I’m a mom who has raised a child alone. I understand the struggles of working people. Mr. Van Hollen and I have very similar voting records. But we have different priorities. I prioritize fighting against bad trade deals that trade away jobs and opportunities for the American people, fighting to protect Social Security and Medicare from dangerous cuts, standing up to the National Rifle Association to pass sensible gun laws to get these guns off our streets so that 88 people a day don’t lose their lives to senseless gun violence. I’m going to be a fighter for working people.

Republicans have managed to secure important down-ticket and off-year electoral victories; how can Democrats build strong state and local party organizations?

We can start by electing people who understand how to organize and galvanize our electorate, and how to stand for something, so that people know that there is somebody in there who has got their back. I’m that kind of candidate. And when I win that Senate seat, that’s going to translate into down-ballot victories all across our state, in the off-year, off-cycle election.

We lose elections because our voters stay home. So our challenge is to make sure that people are mobilized and organized and energized on Election Day, because we have candidates out there who are speaking to their concerns, speaking to their needs and willing to go to bat for them. When voters know that, they’re willing to come to the polls on Election Day.

Sanders has struggled with winning over people of color and a generation of women who find inspiration in the Hillary Clinton’s struggles and accomplishments; Clinton has struggled with youth voters and the party’s left base. What sort of bold, progressive platform can unite these constituencies in November and in years to come? 

I think the primary race and the battle that is being fought in the Democratic Party is one that’s about substance and values. I’m absolutely confident that if either of the two candidates wins the nomination, that they will win the general election in November because they do have bold ideas. Sometimes they differ, and this primary race has really brought to the fore some of those really bold ideas—on college affordability, on how to bring back jobs and opportunities to the middle class, on how to deal with income inequality. So I feel really confident about our candidates, about their messages, and about the boldness of the ideas that they have.

I endorsed Hillary Clinton. I believe in her candidacy, and frankly, I believe in the candidacy and the power of women. I am running for the U.S. Senate; there are 100 senators, and 20 are women, and only one is a woman of color. There hasn’t been a black woman in the Senate in 22 years, since Carol Moseley Braun. I am proud that she [Braun] has endorsed me and supports my campaign, and I am going to be the next one.

We need more women, not fewer, in political power, and I would like to see that in the highest office in the land, the presidency.

When the Democratic Party chooses its nominee in Philadelphia, the party will come together for the November election. What stands in the way of Sanders supporters and Hillary supporters working together under the Democratic Party big tent?

Nothing. We have a set of shared values as Democrats that are really about fighting for the interests of middle-class families and people who have struggled to enter the middle class. Senator Sanders carries that commitment, and Secretary Clinton carries that commitment. Come November 2016, not only are we going to be on the same page, but we’re going to be winning an election for working people.

The New PA Voter Law

I’ve been hearing a lot of things lately about the new Pennsylvania Voter ID Law (or “Voter Suppression Law” as some call it.) This new law while championed by some as a civic necessity for ensuring safer and more valid democratic elections, is opposed by major organizations like the ACLU, NAACP and the AARP. They argue that this law adds more hurdles to voting and will thus ultimately infringe certain voters, particularly minorities and the elderly.

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(Received this in my inbox today)

I looked into it and this is what I’ve discovered:

So just generally:
With this new law, a voter must present a valid photo ID at the voting booth every time he or she votes. Prior to this law, photo ID was only required the first time a voter appeared to vote in their district. After that, they were allowed other forms of ID, including utility bills and government checks.

Types of acceptable identification from:
….the US Government (such as a passport)
….the Commonwealth of PA (such as a driver’s license)
… a PA care facility (such as a nursing home)
….a municipality to an employee, or
….a PA higher education institution (such as a college or university)

The ID must have an expiration date and it can’t be expired unless it’s a military ID, or if it’s a PA driver’s license, it can be expired up to one year.
(Jonah Mann sent me this article, that as of now under the current law, college IDs from Drexel, Penn State, Lasalle and Point Park universities cannot be used as identification for voting because they lack expiration dates.)

If you don’t have a photo ID at the time of voting, but you do possess one, (left it at home or something) you can still vote on a provisional ballot, and if you show up at the county board of elections office within 6 days of the election to show them your ID, they will count your vote.

Under this new law:
The PA government is required to issue free photo IDs to those that apply for them. The condition is that they must additionally have some alternate proof of identification (Passport, birth certificate, etc)
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People argue that this law is a good thing because it can prevent voter fraud. However, the amount of voter fraud is unclear.

For instance, there is voter fraud not related to voter impersonation, which photo IDs would not help to prevent. According to the Brennan Center, “It is more likely that an individual will be struck by lightning than that he will impersonate another voter at the polls.” They argue that most cases of voter fraud “can be traced to causes far more logical than fraud by voters,” including clerical or typographical errors, mismatched entries, and simple mistakes on both ends.

However, others argue there are indeed instances of voter impersonation. But the situation is ambiguous because the amount of voter impersonation convictions could very well be much less than what actually exists.

An example is the 1960 Presidential election between Richard Nixon and JFK where there was alleged to be a lot of voter fraud.  Here’s the full summary. Essentially convictions are hard to come by in our judicial system, and despite the lack of a single conviction, (over 650 were brought to trial) it doesn’t mean voting impersonation fraud didn’t exist or is unimportant. In fact, just the opposite. If Nixon had won two of the states that were being disputed, Illinois and Texas, he would have been President instead of Kennedy. So whether or not there was voter fraud, there was heated voter fraud controversy, and these new laws could help with situations like that.

Challenges with the Law:
So then why do groups like the the NAACP, ACLU and AARP oppose this law so much? The Obama campaign criticized the measure as “a costly bill to address a non-existent problem” and Democratic lawmakers and the American Civil Liberties Union vowed to challenge this law in court.

People argue the law will disenfranchise minorities who often can’t afford to make the trips to obtain necessary documents required to gain proper identification. This could also hurt the elderly, who often physically cannot make the trip to renew and update their exisiting photo identification. According to Karen Buck of the Senior Law Project, 18% of the elderly do not have photo i.d., but that number is surely higher if you also count those with expired photo IDs.

Stephanie Singer, chair of the Philadelphia City Commission (which runs elections in the city) argues with others that the law creates more problems than it fixes. She said, “If this legislature were serious about [voter fraud], they would be funding poll worker training, data forensics, aggressive investigation of the voter registration lists.”

Governor Corbett who signed the bill into law, described the new law as a preventive measure. The new law and photo requirement will be in full effect for the November 6th election.

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It should be noted that a similar case for the state of Indiana was brought to the Supreme Court in 2008. The Supreme Court ruled that the voter ID law did not violate constitutional rights. The law “is amply justified by the valid interest in protecting ‘the integrity and reliability of the electoral process,'” Justice John Paul Stevens said in an opinion that was joined by Chief Justice John Roberts and Anthony Kennedy. But in dissent, Justice David Souter said Indiana’s voter ID law “threatens to impose nontrivial burdens on the voting rights of tens of thousands of the state’s citizens.”

In my opinion, if the government is requiring all of its citizens to have proper identification, then they should take on the responsibility of helping those who have difficulty getting them, get them. Democratic organizations are already gearing up on photo-ID education campaigns. But for something as important as this, I don’t think it should come down to partisan efforts, and should instead be a concerted national campaign, rather than a Democratic one. I also have serious doubts about how easily elderly folks will be able to get out to renew their expired identification.

photo credit: turnstilemusic.net