The Freedom to Vote Act Explained
Dispatches on the For The People Act (Edition #31)
Welcome back! Apologies for our recent hiatus… I’m glad to be back providing you with the latest on the fight to save our democracy.
We’ve spent the last few weeks digging into the Freedom to Vote Act (the revised version of the For The People Act that the Democrats recently released). Below we share our analysis of this transformative bill, highlight the road ahead, and provide additional updates.
If you would like a reminder of the stakes, check out John Oliver’s amazing Last Week Tonight episode on voting rights here.
Before we start the break down, I wanted to let you know that the Brennan Center published their October Round-Up on state-level voting laws. Highly recommend checking it out here.
The Freedom to Vote Act:
A few weeks ago, a coalition of moderate and progressive Democratic senators introduced the Freedom to Vote Act (FVA), a bill that can be best described as a revised (and, in some respects, improved) version of the For The People Act. Passing the FVA will be crucial to protecting and strengthening our democracy. And though we fully expect that the bill will continue to be filibustered by the Republicans, we still believe there is a strong possibility that the Democrats will break the filibuster to turn the FVA into law.
Okay, so what does the FVA do, and how similar is it to the For The People Act? The most important takeaway is that the bill preserves the main framework of the For The People Act. It would protect and expand the freedom to vote, ban partisan gerrymandering, reign in money in politics, and empower small donors. The bill would also protect against attempts to subvert elections by partisan officials — something not in the original For The People Act. We provide more policy specifics below, but as far as we at Equal Citizens are concerned, the Freedom to Vote Act is a fantastic bill and we support it wholeheartedly.
Did I mention that new polling shows the Freedom to Vote Act is wildly popular? A recent Data for Progress poll found that 70% of likely voters support the Freedom to Vote Act, while only 19% of likely voters oppose the bill. These are very similar numbers to what we found regarding the original For The People Act.
So what’s in the bill that makes it so popular?
The Freedom to Vote Act includes almost all of the policies that we’ve chronicled in our coverage of the For The People Act. This includes a ban on partisan gerrymandering, automatic voter registration, same day registration, 15 days of early voting, accessible vote-by-mail standards, and protections against voter purging. The Freedom to Vote Act likewise restores the right to vote for formerly incarcerated citizens in federal elections, ending a practice that has roots in the Jim Crow era.
The Freedom to Vote Act moreover addresses big money in politics by increasing disclosure of who is influencing our elections and stopping coordination between candidates and Super PACs. And it changes how campaigns are funded, which we will delve into below. And yes, there are many lesser known provisions, including key measures to make our elections more secure and to ward against foreign interference.
Notable Changes:
You might be saying: Okay, Kevin, but then how is this bill different from the For The People Act? Here are a few notable changes:
Voter ID → While many speculated and feared that a revised voting rights bill would include a mandate for voter ID, the FVA does not do so. Instead, the FVA establishes that if (key word: “if”) a state chooses to require voter ID, it must accept a wide array of methods for identification (including many types of ID, with options to provide electronic copies). In practice, this would make existing ID laws significantly less regressive and greatly limit efforts to disenfranchise voters.
IRCs → The For The People Act required states to create independent redistricting commissions (IRCs) for Congressional elections. The Freedom to Vote Act allows for states to adopt IRCs and creates standards for IRCs, but does not mandate that every state create commissions. While this is an unfortunate loss, the most important provision — a ban on partisan gerrymandering, effective immediately — remains in the bill.
Small Donor Matching Program → The For The People Act established a 6-1 small donor matching program for qualified candidates in federal elections. Participating candidates would gain access to these funds only if they refused large donations. The goal of creating this system was to democratize how our elections are funded. The Freedom to Vote Act likewise establishes a 6-to-1 small donor matching program but states have to opt-into the program before House candidates can qualify (Senate candidates are not eligible). This, of course, is unfortunate, but the fact public financing was preserved in the negotiated bill is a major victory for our movement.
Democracy Credits → The For The People Act would have created a three state pilot “Democracy Vouchers” program, wherein eligible voters could request a $25 voucher to distribute to their favorite candidates. Democracy vouchers are a phenomenal policy that would democratize how our elections are funded. They’ve been shown to work well in Seattle, where the program has been in effect since 2017. Unlike the For The People Act, the Freedom to Vote Act allows any states to opt-into a voucher system (though, the bill refers to it as a “Democracy Credit” system).
These two small donor empowerment programs would be a major leap forward for our democracy. Candidates that do not have wealthy connections would be able to compete in elections by appealing to everyday Americans, and people-powered ideas would all-of-a-sudden be able to stand against the whims of the wealthy donor class.
Additions:
The Freedom to Vote Act includes a number of provisions that were not in the For The People Act. For example, the bill includes provisions focused on preventing election subversion and strengthening protections for election workers (who now face threats of violence for doing their job). The Freedom to Vote Act also makes Election Day a federal holiday and forbids states from criminalizing the distribution of food and water to voters waiting in line. Did I mention that the Freedom to Vote Act additionally mandates that no potential voter should have to wait in line for more than 30 minutes?
These new policies address the threats to democracy that have emerged since the original For The People Act was drafted. The Freedom to Vote Act is truly an attempt to meet the current crisis.
But wait, there’s more! The Freedom to Vote Act would expand the avenues for lawyers to challenge anti-voter laws and partisan gerrymandering, through the creation of an affirmative right to vote and a bolstering of Section 2 of the Voting Rights Act. An affirmative right to vote means that states will have to prove that any law that reduces accessibility to the ballot is the least restrictive option and that it is addressing a problem that needs to be handled. Check out prominent election lawyer Marc Elias’ analysis of the Freedom to Vote Act here.
It would take much more space than we have to fully unpack the Freedom to Vote Act, but please feel free to reach out to us with any questions that you have about the bill. Also, if you want to read more about the Freedom to Vote Act, you can check out this piece from the Democracy Docket here.
The Journey Ahead:
Within a couple weeks, the Senate will vote on the Freedom to Vote Act. The Senate Republican Leadership has already signaled their opposition to it, which will likely lead to a GOP filibuster. Currently, Senator Joe Manchin is attempting to sell this bill to Republicans in an attempt to overcome this expected filibuster. If/when he is unable to generate enough support to overcome the filibuster, Manchin will have to decide if this bill is important enough to put aside his allegiance to the broken filibuster. We expect that he will ultimately choose the FVA over the filibuster.
Adding to the pressure on Manchin and other moderate Senate Democrats: The Senate will likely vote on the John Lewis Voting Rights Advancement Act in approaching weeks. If and when Republicans filibuster this bill (in addition to the FVA), there will no longer be any pretense that Republicans are willing to protect voting rights.
If you don’t believe me that momentum is building towards filibuster reform, consider this: Democratic leadership is clearly signaling that filibuster reform may be on the horizon. Majority Leader Schumer even admitted that Democrats will have to move forward with the Freedom to Vote Act on their own if Republicans are unwilling to work with them. You can listen to his floor speech here.
As always, we will keep you updated on the trajectory of federal voting rights legislation as it moves through Congress. Subscribe to this Substack to stay informed on the twists and turns of this journey.
Recent Events
As the Senate returned, and Senators announced the Freedom to Vote Act, activists converged on D.C. for the Finish the Job Rally. You can watch the rally here.
Later in the week, 50 “Finish the Job” events occurred around the country to keep pressure on Congress and President Biden to pass federal legislation to protect and strengthen our democracy.
A few weeks ago, the Declaration for American Democracy and Our Revolution held a virtual town hall with a number of prominent politicians and activists to discuss the Freedom to Vote Act. Check it out here.
Last week, the League of Women Voters, People for the American Way, and DFAD protested outside of the White House. Five major movement figures were arrested in an act of civil disobedience. The protesters announced that they would continue to protest until Biden gave voting rights legislation and filibuster reform the attention it deserves. Read more about this event here.
Upcoming Event:
October 16th - 23rd, there will be a Relay from West Virginia to Washington D.C. to pressure senators to pass the Freedom to Vote Act. The relay will culminate in a rally at the Capitol on October 23rd. You can learn more about the Relay here and sign up for the D.C. rally here.
There are more events on the Declaration for American Democracy website here. Please make sure to find an event near you. Also, don’t forget to check out our additional ways you can help below.
In the News:
The New York Times Editorial Board penned a piece advocating for the immediate passage of the Freedom to Vote Act. The Board concludes, “Protecting the integrity of America’s electoral system and the voting rights of its citizens should be priority No. 1 — not because it helps Democrats, but because it helps preserve democracy.”
Prominent scholars Norman Ornstein and Norman Eisen describe why they think Senate Democrats will fix the filibuster. The two outline seven reasons why Democrats are likely to reform the filibuster to protect the freedom to vote.
HuffPost journalist Paul Blumenthal reports that Senate Democrats are discussing filibuster reform. These filibuster reform talks are in the early stages and are reportedly focused on a democracy-carve out or re-introducing a talking filibuster.
“I’m turning 79 soon, and I can’t keep doing this forever. It’s beyond frustrating to have to keep fighting the same battles I have waged since my teenage years. I want to teach my grandchildren about protesting, but I don’t want to pass this fight down to them. Congress needs to make today’s generation the last that has to fight for voting rights and D.C. statehood.”
Bonus: Civil Rights Activists Prepare for Direct Action If Manchin Won’t Budge on Filibuster
Don’t forget to keep your friends, family, and colleagues in the loop by sharing this Substack with them.
Social Media Roundup:
Let’s be frank: there are A LOT of tweets, posts, and general conversation about the Freedom to Vote Act. In this section, we give you an overview of the tweets and media you really need to see.
More Ways to Help!
We are entering possibly one of the most critical moments for American democracy since the Voting Rights Act of 1965. We need all the help we can get to push the Freedom to Vote Act over the finish line! Here are more ways to join the fight to protect American democracy:
Call your senators and tell them that you support reforming the filibuster for voting rights legislation. You can find your senators’ phone numbers, as well as where they stand on the filibuster, using our handy filibuster tracker!
Common Cause, RepresentUs, and End Citizens United are organizing regular phone banks in support of the Freedom to Vote Act. This is a great opportunity to spread the word and help constituents contact their Senators in support of the bill. Check them out here, here, and here.
You can also text DEMOCRACY to 33339 to receive a daily text message reminder to call your senators in support of voting rights legislation.
The League of Women Voters can also help you contact the White House here.
Write a letter to the editor in your local paper sharing your support of the Freedom to Vote Act 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 the bill below on social media and tell your friends why you support #FreedomtoVote
Extra, Extra:
If, after reading our newsletter, you still want to know more about the Freedom to Vote Act or Equal Citizens you can find more information here! If you have questions about the bill you want us to answer in our Substack, tweet at us with #HR1Substack! Also, don’t forget to follow us on Instagram, Twitter, and Facebook for more updates throughout the week.
Relevant Resources:
Here are a few resources on the “Freedom to Vote Act” if you have questions:
Equal Citizens launched a filibuster tracker, so you can see where your senator stands on the filibuster. It also includes their phone numbers and their Twitter handles, so you can get in touch with them directly and push them to support filibuster reform!
The Brennan Center for Justice created a wonderful guide to the Freedom to Vote Act. Check it out here. Additionally, they published guides to multiple key state redistricting efforts that you can read up on here. They also created an in-depth report about racism and disenfranchisement due to incarceration.
The Center for American Progress created a report to explore the variety of ways that the Freedom to Vote Act would combat state-level anti-voter laws that have been passed throughout the year.
The Brennan Center also published a report on why H.R. 1 brings us closer to an inclusive democracy, while the Freedom to Vote Act is not the same, this report is still relevant in a number of ways. Check it out here.
There is a lot of misinformation about the Freedom to Vote Act, and the amount of misinformation so please reach out to us if you hear anything that doesn’t sound right and we will give you the correct information.
More About Me:
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.
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