Dispatches on the For The People Act (Edition #8)
Democracy Restoration or Minoritarianism? It’s up to us to choose.
This week was, once again, a big one for the For The People Act! Below we will give you the latest news and, as always, highlight a critical provision of the bill, this time regarding Democracy Restoration.
Make sure to subscribe and share if you haven’t already, and check out the action items at the bottom of the newsletter for ways that you can get involved in this critical fight for democracy.
A new development in the Senate: Late last week, Senator Joe Manchin released a letter generally expressing his support for H.R. 1 but reiterating his commitment to a “bipartisan effort” to pass the bill. One of the most hopeful parts of Manchin’s words is that he continues to link campaign finance and voting rights reform — making it more likely we can get the omnibus bill through Congress. Much more work will be needed to get his support for the full bill (he is not yet a co-sponsor), but needless to say, we are encouraged by Senator Manchin’s commitment to this fight.
In other news: Leaked audio from a conference call organized by leaders of conservative dark-money groups shows that they are terrified of the For The People Act. The research director of the Koch-backed group Stand Together expressed alarm that the provisions of H.R. 1 are extremely popular (even among conservatives), and that the group could not significantly undermine support for the bill even with oppositional messaging. Instead of engaging in a public debate on the issues, the speaker encouraged the groups on the call to use “under-the-dome tactics,” such as the filibuster, to kill the bill.
Needless to say, we take this as a sign that we can win if we keep fighting.
Finally, yesterday, we held an awesome event with Professors Carol Anderson and Guy-Uriel Charles about the fight for voting rights reform. If you missed it, you can watch the recording here.
Provision of the Week: Democracy Restoration (Title I, Subtitle E)
What is it?
Every state — except Maine and Vermont — disenfranchises those who have been convicted of felonies for at least some period of time. Some states return the vote after incarceration, while others may never give it back. The historical roots of these laws vary, but many can trace their lineage squarely to the Jim Crow era.
The Democracy Restoration provision of the For the People Act would create a new standard across states, mandating that, at minimum, the right to vote in federal elections must be restored to formerly incarcerated individuals after their incarceration. The provision also mandates that states notify all those who were disenfranchised due to a previous felony conviction that their right to vote has been restored at the federal level.
In just the last 40 years, the prison and jail population in the United States has increased by 500%; we now lead the world in incarceration. Unsurprisingly, then, these disenfranchisement laws have major consequences. In 2020, over 5 million Americans (or 2.3% of the voting age population) did not have the right to vote in federal elections due to a previous conviction.
Momentum has grown at the state level to curtail this disenfranchisement, but far too many states still have regressive laws on the books. It is therefore critical that the federal government make a clear and inclusive standard for participation. Though the Democracy Restoration provision of the For the People Act would only affect federal elections — and would still exclude those currently incarcerated — it is a monumental step towards a more inclusive democracy.
To learn about restoration of voting rights to formerly incarcerated peoples in each state, click here.
Why does it matter?
Many of the restrictive provisions that the For The People Act would curtail are relics of the Jim Crow era. And in the era of mass incarceration, people of color are once again disproportionately affected by them. A 2020 report by The Sentencing Project estimates that over 6% of adult African Americans cannot vote due to felony disenfranchisement laws, while only 1.7% of non-African American adults are affected.
The most powerful way for a citizen to make their voice heard is through voting. And, at its most fundamental level, the right to participate in elections is a recognition of one’s humanity and worth. Simply put, there is no legitimate reason to restrict that right once an individual has been released from incarceration (indeed, there are strong arguments for whether the right to vote should ever be taken away as a punishment for a crime).
From both a democratic and racial justice perspective, the Democracy Restoration provision of the For The People Act is absolutely worth fighting for.
Some may argue that this type of decision should be left to the states. After all, states have made plenty of progress on this issue in recent years — so what’s the problem? But while many of the worst measures have been curtailed, politicians continue to play partisan games with the franchise of those formerly incarcerated. Take the case of Florida. In 2018, when voters in the state overwhelmingly approved a constitutional amendment to overturn their Jim Crow era felony disenfranchisement provision — one of the harshest in the nation, affecting over 1.6 million individuals — the legislature immediately undermined the victory by mandating that formerly incarcerated peoples pay all court-ordered fines, fees, and restitution before they could vote. (More than half of states still have some form of these unnecessary monetary hoops.) The For the People Act would set an inclusive standard — at least for federal elections — enabling the participation of formerly incarcerated peoples to exercise their right to vote, free from any chicanery by state legislatures.
To learn more about the organizations working on democracy restoration, check out our additional resources section below.
In the News:
The Chronicle reports that Senator Patty Murray is open to creating an exemption to the filibuster to pass the For The People Act. Momentum for filibuster reform builds amidst new voter suppression laws in Southern states and Republican opposition to democracy reform in Congress. Senator Murray, a senior member of Democratic leadership, had previously declined to say whether she supported eliminating the filibuster.
NBC News breaks down the impending fight over the filibuster and H.R. 1. This article documents the growing openness among Democrats to reform the filibuster to pass the For The People Act. It also chronicles the expensive lobbying campaigns for and against the bill that are now underway in states with key Senators who could be swayed.
A Washington Post opinion piece cites California’s independent redistricting commission to illustrate the importance of the redistricting reforms in H.R. 1. Noting that both Democrats and Republicans have historically opposed independent redistricting commissions when their party controls a state legislature, this piece argues that redistricting reform does not universally benefit one party over the other. The true beneficiaries of redistricting reform are voters who want fair and competitive elections.
An op-ed in The New Republic argues that “the most important thing Democrats can do with their power is protect the vote.” The article’s author, Osita Nwanevu, writes that the most likely bill to force Democrats to reform the filibuster is H.R. 1.
And now, a word from our (co)sponsors:
Now that the fight for H.R. 1 has become the fight for S. 1, we want to highlight and thank some key supporters in the Senate. Their advocacy for the For The People Act is crucial to its passage - and here we want to share their own words about why they support the bill.
“Our republic was built on the principle of equality before the law. But years of voter suppression, gerrymandering, and big money in politics have eroded the American people’s trust in our elections and institutions. No one voice should count more than another and by tackling these issues head on, we can help lift up the voices of people from Maine to Hawaii and help restore faith in American democracy.” - Senator Angus King
“Voting rights are fundamental to our democracy and giving everyone a voice. We need to protect those rights and make it easier for Americans to vote in our elections, not harder. That’s why I’m proud to cosponsor the #ForThePeopleAct” - Senator Maria Cantwell (via Twitter)
Social Media Roundup:
Let’s be frank: there are A LOT of tweets, posts, and general conversation about the For The People Act. In this section, we give you an overview of the tweets and media you really need to see.
How you can help:
The For The People Act is the most important democracy reform bill in half a century, but to get it through the Senate, we need your help. That’s why we’ll end this newsletter every week with a few quick and easy ways to join the fight. This week, you can:
Call your Senators at (202) 224-3121 and tell them why they should do everything in their power to pass the For The People Act (S. 1) in the Senate, including getting rid of the filibuster.
Write a letter to the editor in your local paper sharing your support of H.R. 1 and urging your Senators to pass it. Not sure how to write a letter to the editor? Reach out to us at info@equalcitizens.us and we can help!
Share our newsletter, our podcast, the articles included above, and the resources on H.R. 1 below on social media and tell your friends why you support #ForThePeopleAct
If you have questions about H.R. 1 you want us to answer in our Substack, tweet at us with #HR1Substack!
Extra, Extra:
If, after reading our newsletter, you still want to know more about the For The People Act, Equal Citizens, or the two of us, you can find more information here!
Additional Resources on the Restoration of the Right to Vote:
While we discussed the Democracy Restoration provision and voting rights of formerly incarcerated peoples in the Provision of the Week section, here we want to provide you with links to the incredible organizations that focus in-depth on this important issue:
The Brennan Center for Justice
Relevant Resources:
Here are a few resources on the “For the People Act” if you have questions:
The Brennan Center for Justice created a wonderful guide to H.R. 1. Check it out here. They also created an in-depth report about racism and disenfranchisement due to incarceration.
Here is the link to the House website on the For the People Act.
Flood social media with these awesome graphics about the For the People Act!
Read Senator Angus King’s op-ed about the filibuster, which alludes to the For The People Act, here.
There is a lot of misinformation about H.R. 1, and the amount of misinformation will only grow as the fight heats up. That’s why it’s more important than ever to make sure everyone has all the facts on the bill - here is an article from Media Matters that can help you fact check.
More about us:
Kate Travis is a fellow at Equal Citizens and a junior at Harvard studying History and Literature with a minor in Government. When she’s not fighting for democracy, you can find her running, playing the cello, and drinking copious amounts of coffee (maybe even all at once). Follow her on Twitter at @mkht930.
Kevin Rissmiller is a fellow at Equal Citizens and a Goodwin-Niering Scholar at Connecticut College majoring in Government and exploring sociology, economics, and applied statistics. In his free time, you will find him at Dunkins or (pre-pandemic) playing ultimate frisbee. Connect with him on LinkedIn.
If you want more updates on H.R. 1 from Kate and Kevin, then subscribe here!