Louisiana’s 2023 elections Archives - Bolts https://boltsmag.org/category/louisianas-2023-elections/ Bolts is a digital publication that covers the nuts and bolts of power and political change, from the local up. We report on the places, people, and politics that shape public policy but are dangerously overlooked. We tell stories that highlight the real world stakes of local elections, obscure institutions, and the grassroots movements that are targeting them. Tue, 02 Jan 2024 11:10:59 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 https://boltsmag.org/wp-content/uploads/2022/01/cropped-New-color-B@3000x-32x32.png Louisiana’s 2023 elections Archives - Bolts https://boltsmag.org/category/louisianas-2023-elections/ 32 32 203587192 Democrats Held Off the GOP in Legislative Races This Year, Again Bucking Expectations https://boltsmag.org/2023-legislature-elections/ Tue, 21 Nov 2023 15:20:40 +0000 https://boltsmag.org/?p=5514 The party gained some seats across more than 600 elections held throughout 2023, though the GOP continued its surge in the Deep South.

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Louisiana’s runoffs on Saturday brought the 2023 legislative elections to a virtual close, settling the final composition of all eight chambers that were renewing their entire membership this fall. That’s in addition to special elections held throughout this year. 

The final result: Democrats won five additional legislative seats this year, Bolts calculated in its second annual review of all legislative elections. 

That’s a small change, since there were more than 600 seats in play this year. But it goes against the expectation that the party that holds the White House faces trouble in such races. In 2021, the first off-year with President Biden in the White House, the GOP gained 18 new seats out of the roughly 450 seats that were in play, according to Bolts’ calculations. (Three special elections will still be held in December, but none is expected to be competitive.)

It also mirrors Republicans’ disappointment in 2022, a midterm cycle that saw Democrats defy recent history by flipping four legislative chambers without losing any. They pulled off a similar feat this year: Democrats held off GOP hopes of securing new chambers in New Jersey and Virginia and instead gained one themselves in Virginia, the fifth legislative chamber they’ve flipped in two years.

Still, these aggregate results mask regional differences, with Democratic candidates continuing their descent in much of the South. That too is an echo of 2022, when the GOP’s poor night was somewhat masked by their surge in a few red states like West Virginia, where Democrats still haven’t hit rock bottom; this year, Republicans surged in Louisiana and Mississippi.

Heading into the electionsResults of the electionsGain or loss for Democrats
Regular elections in the fall of 2023
Louisiana House71 R, 33 D, 1 I73 R, 32 D-1
Louisiana Senate27R, 12D28R, 11D-1
Mississippi House77 R, 42 D, 3 I79 R, 41 D, 2 I-1
Mississippi Senate36 R, 16 D36 R, 16 D0
New Jersey Assembly46 D, 34 R52 D, 28 R6
New Jersey Senate25 D, 15 R25 D, 15 R0
Virginia House52 R, 48 D51 D, 49 R3
Virginia Senate22 D, 18 R21 D, 19 R-1
Special elections in 2023
34 legislative districts nationwide24 Dem seats, 10 GOP seats24 Dem seats, 10 GOP seats0
Notes: Bolts attributed vacant seats to the party that held them most recently. The Virginia results include a House seat in which the GOP is leading pending a recount. One Virginia Senate district is included in the specials because of a race held earlier this year, and also in the regular election row. Credit to Daily Kos Elections for compiling data on the year’s special elections with major party competition.

Districts are not all created equal, with vast differences in the populations they cover in different states; the seats Democrats gained correspond on average to twice as many residents than those Republicans gained. 

The results of the 2023 cycle have been dissected at length for any hints as to who will fare well in the far-higher profile races in 2024.

The encouraging case for the GOP, as laid out last week by the University of Virginia’s Center for Politics, is that Republicans overperformed in Virginia compared to the last presidential race, even as they failed in their bid to win the legislature. But they also came close to suffering much greater losses in the state, the Center for Politics notes: Virginia’s seven tightest legislative elections this fall were all won by the GOP, all by less than two percentage points.

The encouraging case for Democrats is the national view: They’ve overperformed in special elections throughout the year—as documented by Daily Kos Elections, their nominee improved on President Biden by an average of 6 percentage points across 34 special elections—a measure that has had predictive value in the past. They also did very well this fall in Pennsylvania, the only presidential battleground that hosted a significant number of elections. 

But the results of the 2023 legislative races matter first and foremost for themselves—not for what they signal for other, future elections. Just as the Democratic gains last year in Michigan and Minnesota opened the floodgates to major progressive reforms in both states, the newly-decided composition of legislative chambers will shape power and policy within Virginia, New Jersey, Mississippi, and Louisiana.

Below are four takeaways from the elections.

1. The GOP’s state goals flail, with one major exception

These legislative races, alongside three governor’s elections, decided who will control state governments over the next two years.

Democrats denied the GOP’s bids to grab control of Virginia and Kentucky by winning the House and Senate in the former, and the governorship in the latter. In addition, Republicans hoped to break Democrats’ trifecta in New Jersey, pointing to supposed voter backlash against liberal school policies and trans students to fuel talk that they may flip the Assembly or Senate; instead, they lost ground and now find themselves down a 24-seat hole in the lower chamber.

The GOP’s best results came in Louisiana, where the party flipped the governorship to grab the reins of the state government, a result that will likely open the floodgates of staunchly conservative policy. Republicans also retained their trifecta in Mississippi by holding onto the governor’s office.

2. Abortion mattered, again 

Glenn Youngkin, Virginia’s Republican governor, tried to win the legislature for his party by selling his constituents on new abortion restrictions. His failure has been widely held up since Nov. 7 as the latest evidence of voter alarm about the bans that have multiplied since the Dobbs decision. But abortion also mattered in New Jersey’s campaigns this fall, with Democratic candidates arguing that their continued majority would protect abortion rights and funding.

The question, Rebecca Traister writes in NY Mag, is what Democrats do next after winning on the issue and what affirmative policies they adopt. Earlier this year, Democrats who run the Virginia Senate adopted a constitutional amendment to codify abortion rights; the measure died in the state House, which was run by the GOP but just flipped to Democrats. Scott Surovell, Senate Democrats’ incoming leader, confirmed this month that he plans to advance the amendment again now that his party controls the full legislature. 

Virginia Democrats can advance the amendment while circumventing Youngkin but it would be at least a three-year process. The legislature would need to adopt it in two separate sessions separated by an election to send it straight to voters—so they’d have to do it now, then defend their legislative majorities in the 2025 elections, then pass it again in 2026, and then win a referendum that fall. 

3. GOP attacks on crime fell flat, again

The GOP in both New Jersey and Virginia banked that it would make inroads by attacking Democratic lawmakers on crime, repeating a strategy that already did poorly in the 2022 midterms. Democrats won swing districts in both states in which Republicans assailed their opponents for endangering public safety.

Amol Sinha, executive director of the ACLU of New Jersey, stresses that these elections took place in the wake of New Jersey adopting major criminal justice reforms, which the GOP tried and failed to turn against the party electorally. “New Jersey is the nation’s leading decarcerator, reducing state prison populations by more than 50 percent since 2011, and we’ve shown that decarceration is possible and crime rates across all major categories continue to decline,” he told Bolts

Still, he wishes the lawmakers who passed the reforms would have been bolder in defending them on the trail given recent evidence they’re not politically harmful. “The lesson for candidates running in 2024 and 2025 is that reforming unjust systems and promoting public safety are not at odds with one another.”

Since their wins on Nov. 7, Virginia Democrats have chosen two new legislative leaders with a history of supporting criminal justice reforms. Incoming Speaker Don Scott is an attorney who spent years in federal prison, a fact that GOP strategists have tried using against Democrats, and he has championed issues like ending solitary confinement. Surovell, Democrats’ new Majority Leader, was a force behind the criminal legal reforms Democrats passed while they controlled the state government in 2019 and 2020. He played the lead role within his party this year in calling out Youngkin’s administration for making it harder for people with felony convictions to vote, Bolts reported this spring.

4. Competition evaporates in Louisiana and Mississippi

Just six years ago, the GOP held 86 legislative seats in Louisiana (out of 144) and 106 in Mississippi (out of 174). After the 2023 elections, they’ll hold 101 in Louisiana and 115 in Mississippi, a surge born not just from election results in recent cycles but also party switches. 

Both legislatures are also disproportionately white, and both drew attention this year for targeting underrepresented Black communities. (Black voters in both states vote overwhelmingly Democratic.) 

Gerrymandering is contributing to these dynamics, even if white Republicans also dominate statewide races in both states. A coalition of civil rights groups filed a lawsuit against Mississippi’s current legislative maps for diluting the voting power of Black residents, saying that both House and Senate maps lacked enough Black opportunity seats; the lawsuit argues that the state should have drawn seven more Black-majority districts across Mississippi’s two chambers. In Louisiana, the legal battles have revolved around the congressional map, which a federal appeals court recently struck down for violating the Voting Rights Act; Democrats raised similar concerns about Louisiana’s legislative maps.

“When you gerrymander people’s power away, you can’t elect candidates of choice,” says Ashley Shelton, executive director of Power Coalition for Equity and Justice, a Louisiana organization that focuses on voter outreach. “We understand the power of gerrymandering: It’s not that Black people don’t care or don’t want to vote, it’s that the power of their vote has been lessened.”

Gerrymandering this fall contributed to a startling dearth of competition: Not a single legislative race in either state was decided by less than 10 percentage points between candidates of different parties. (That’s out of 318 districts!)

In fact, many districts didn’t feature any contest at all. No Democrats were even on the ballot in the majority of districts in each of Louisiana and Mississippi’s four chambers, mathematically ensuring that the party couldn’t win majorities before any vote was cast. 

In Louisiana, some critics of the state Democratic establishment also faulted the party for neglecting to mount a proper campaign this fall. “I didn’t see any get out of the vote effort,” one progressive lawmaker told Bolts after the October primary, which saw the Democratic Party spend very little money

Shelton told Bolts last week that the state’s traditional establishment similarly didn’t work to turn voters out in the lead-up to Saturday’s runoffs, which featured statewide elections for attorney general and secretary of state as well as a scattering of legislative runoffs; she saw little noise and outreach outside of nonprofit groups like hers and their partners. 

“When I think about the political machines, there’s no money being spent to engage voters,” Shelton told Bolts. “We can certainly create the energy that we can, but there’s something to the bigger momentum and energy that comes from the machine actually working.” She added, “It’s very quiet in the state of Louisiana, and that’s crazy to me.” 

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10 Local Elections This Month That Matter to Voting Rights https://boltsmag.org/10-local-elections-november-2023-that-matter-to-voting-rights/ Fri, 03 Nov 2023 14:34:04 +0000 https://boltsmag.org/?p=5430 Here are key hotspots around the country that will shape how elections are administered, and how easily people can exercise their right to vote.

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Elected officials shape the rules and procedures of U.S. elections: This head-spinning situation makes off-year cycles like 2023 critical to the shape of democracy since many offices in state and local governments are on the ballot. 

In this guide, Bolts introduces you to ten elections that are coming up this month that will impact how local officials administer future elections, and how easily people can exercise their voting rights. 

Voters this month will select the secretaries of state of Kentucky, Louisiana, and Mississippi, who’ll each be the chief elections officials within their state. They will choose a new supreme court justice in Pennsylvania, a swing state with looming election law battles, and dozens of county officials who’ll decide how easy it is to vote in Pennsylvania and Washington state next year. And some ballot measures may change election law in Maine and Michigan.

All these elections are scheduled for Nov. 7, except for Louisiana’s runoff on Nov. 18. 

As we cover the places where democracy is on the ballot, our staff is also keeping an eye on the other side of the coin—the people who are excluded from having a say in their democracy: Three of the eight states featured on this page have among the nation’s harshest laws barring people with criminal convictions from the polls, and our three-part series highlights their stories. And beyond the stakes for voting rights, our cheat sheet to the 2023 elections also lays out dozens of other local elections this November that will shape criminal justice, abortion access, education, and other issues. 

Kentucky | Secretary of state

Michael Adams, the Republican secretary of state of Kentucky, has vocally pushed back against the false conspiracies surrounding the 2020 election, and he has touted his efforts to facilitate mail and early voting during the pandemic. He survived the GOP primary this spring by beating back election deniers who wanted to replace him as the state’s chief election administrator.

Buddy Wheatley, Adams’ Democratic challenger and a former lawmaker, says the state should go much further in expanding ballot access. The Cincinnati Enquirer reports that the candidates disagree on whether the state should institute same-day registration and set-up an independent redistricting commission, two proposals of Wheatley’s that Adams opposes. 

The election is unfolding in the shadow of the governor’s race, in which Democratic incumbent Andy Beshear is running for reelection four years after restoring the voting rights of hundreds of thousands of people who had been barred from voting for life. (Adams and Wheatley have both said they support the executive order.) Voting rights advocates regret that the order still leaves hundreds of thousands Kentuckians shut out from voting and that the state hasn’t done enough to notify newly-enfranchised residents; Bolts reports that a coalition led by formerly incarcerated activists has stepped into that void to register people.

Louisiana | Secretary of state 

In trying to appease election deniers since the 2020 presidential election, Republican Secretary of State Kyle Ardoin weakened Louisiana’s voting system and gave a platform to election conspiracists. His successor will be decided in a Nov. 18 runoff between Republican Nancy Landry, who currently serves as his deputy, and Gwen Collins-Greenup, a Democratic attorney. Each received 19 percent of the vote in the all-party primary on Oct. 14, but Landry is favored in the Nov. 18 runoff since much of the remainder of the vote went to other Republican contenders.

Not unlike Ardoin, Landry has resisted election deniers’ most radical proposals but she has also echoed unfounded suspicions of voter fraud and election irregularities, Cameron Joseph reported in Bolts. The next secretary of state will have to deal with continued pressure from the far-right, Joseph writes, while making critical decisions regarding the state’s outdated voting equipment: The state’s efforts to replace the equipment have stalled in recent years amid unfounded election conspiracies about the role of machines in skewing election results.

Maine | Question 8

Since its drafting two centuries ago, Maine’s constitution has barred people who are under guardianship from voting in state and local elections. Then, in 2001, a federal court declared the provision to be invalid in response to a lawsuit filed by an organization that protects the rights of disabled residents.

Mainers may scrub this exclusionary language from its state constitution on Nov. 7, S.E. Smith explains in Bolts: Question 8 would “remove a provision prohibiting a person under guardianship for reasons of mental illness from voting.” While Mainers under guardianship can already vote irrespective of this constitutional amendment due to the 2001 court ruling, Smith reports that the referendum could spark momentum for other states with exclusionary rules to revise who can cast ballots and shake up what is now a complicated patchwork of eligibility rules nationwide. 

Michigan | Municipal referendums on ranked choice voting

Three Michigan cities will each decide whether to switch to ranked-choice voting—a system in which voters rank the different candidates on the ballot rather than only opting for one—for their local elections. If the initiatives pass, residents in East Lansing, Kalamazoo, and Royal Oak would join Ann Arbor, which approved a similar measure in 2021.

But there’s a catch: Even if voters approve ranked choice voting, it will not be implemented until the state of Michigan first adopts a bill authorizing the method statewide. The legislation to do so has stalled in the legislature so far.

Many cities have newly adopted ranked-choice voting in recent years, and some will use the method for the first time this November; they include Boulder, Colorado, and several Utah cities such as Salt Lake. Other municipalities this fall will also consider changing local rules: Rockville, Maryland, in the suburbs of D.C., holds two advisory referendums on whether their city should lower the voting age to 16 and enable noncitizens to vote in local elections.

Mississippi | Secretary of state

Republican Michael Watson spent his first term as secretary of state defending restrictions on ballot access. He stated he worries about more college students voting, rejected expanding mail voting during the COVID-19 pandemic, and championed a law that banned assisting people in casting an absentee ballot (the law was blocked by a court this summer). He is currently fighting  a lawsuit against the state’s practice of permanently disenfranchising people with some felony convictions.

Watson is now seeking a second term against Democrat Ty Pinkins, an attorney who only jumped into the race in September after the prior Democratic nominee withdrew for health reasons. Pinkins has taken Watson to task for backing these restrictions, and he says he is running to expand opportunities to vote, such as setting up online and same-day voter registration. Pinkins this fall also teamed up with Greta Kemp Martin—the Democrat challenging Attorney General Lynn Fitch, who is currently representing Watson in the lawsuit against felony disenfranchisement—to say that the state should expand rights restoration for people with felony convictions.

Pennsylvania | Supreme court justice

Pennsylvanians will fill a vacant seat on their state’s high court, where Democrats currently enjoy a majority. The outcome cannot change partisan control but it will still shape election law in this swing state, BoltsAlex Burness reports. For one, a GOP win would make it easier for the party to flip the court in 2025, affecting redistricting. It may also make it easier for the GOP to win election lawsuits next year: Voting cases haven’t always been party-line for this court, especially ones that revolve around how permissive the state should be toward mail ballots. Recent rulings made it more likely that mail ballots with clerical mistakes get tossed, an issue that now looms over the 2024 election.

Burness reports that Republican nominee Carolyn Carluccio has echoed Trump’s attacks against mail voting, implying an unfounded connection to election fraud, and she appeared to invite a new legal challenge to a state law that expanded ballot access in 2019. Dan McCaffery, her Democratic opponent, has defended state efforts to make voting more convenient, telling Bolts, “If we’re going to err, we should always err on the side of including votes.”

Pennsylvania | Bucks County commission

Pennsylvanians are electing the local officials who’ll run the 2024 elections, and the results will shape how easy it is for millions of people to vote next year in the nation’s biggest swing state. Daniel Nichanian reports in Bolts that counties have a great deal of discretion when it comes to the modalities of voting by mail, and local voting rights attorneys warn that if more counties adopt tighter rules, tens of thousands of additional ballots may be rejected.

Bucks County stands as the clearest jurisdiction to watch, Nichanian writes. Democrats gained control of the commission in 2019, part of a firewall against Trump’s efforts to game the following year’s election. The county commissioners made it easier to vote by mail, attracting legal challenges from Trump.  Now, they’re now running for reelection, but the Republican Party is hoping to gain control of this swing county’s commission. 

Also keep an eye on the Democratic efforts to retain majorities in the other Pennsylvania counties they gained in 2019, often for the first time in decades: Delaware, Chester, Lehigh, and Monroe. The GOP would also gain control of the board of elections in Allegheny County, home to Pittsburgh, if it scores an upset in the county executive race. Sam DeMarco, who signed up as a fake Trump elector in 2020, is already certain to sit on Allegheny County’s board of elections.

Pennsylvania | Berks County commission

Will any Pennsylvania county try to stall the certification of elections next year, in a repeat of Trump’s strategy in the aftermath of the 2020 presidential race? The results of next week’s elections will determine which are susceptible to try out such a strategy, Daniel Nichanian reports in Bolts. Election attorneys told him that this would be a dereliction of duties on the part of county commissioners but that it may still cause some legal and political upheaval. Already in 2022, the Republican commissioners in three counties resisted certifying results because they insisted on rejecting valid mail ballots; they’re now all seeking reelection.

The Democratic challengers running in Berks County—the most politically competitive of these three counties—say this is a key issue in their race. “The most important thing is that we have a board of commissioners that endorses the winner of a campaign,” one of them told Bolts. But they’re also running on a platform of easing mail voting by installing more accessible ballot drop boxes, and instituting new policies to notify residents if their ballots have a clerical error. Also keep an eye on Fayette and Lancaster, the other counties that tried to not certify the 2022 results, and in the many red jurisdictions where candidates with ties to election deniers made it past the Republican primaries.

Virginia | Legislative control

Since Virginia Republicans gained the governorship and state House in 2021, they have passed bills through the lower chamber to repeal same-day voter registration and get rid of ballot drop boxes, among other restrictive measures. Until now, these bills have died in the Democratic-run Senate. But will that change after Nov. 7, when Virginians elect all lawmakers?

The GOP is hoping to gain control of the Senate while defending its majority in the House, Bolts reports, a combination that would hand them full control of the state government and open the floodgates for the party’s conservative agenda on how the commonwealth should run elections. Inversely, if Democrats have a great night—flipping the House and keeping the Senate—they may have more oversight over Governor Glenn Youngkin’s dramatic curtailment of rights restoration and over his administration’s wrongful voter purges; still, those matters are decided within the executive branch, and the governor’s office is not on the ballot until 2025.

Washington | King County director of elections

Only one county in the entire state of Washington is electing its chief administrator. It just so happens to be King County, home to Seattle and more than 2 million residents—in a race that features a staunch election denier, no less. Doug Basler has sowed doubts about Washington state’s election system since the 2020 election, alongside others on the far-right, and he has helped a lawsuit against its mail voting system.

Basler is a heavy underdog on Nov. 7 in his challenge against Julie Wise, the Director of King County Elections. This is a heavily Democratic county, though there will be no partisan label on the ballot, potentially blunting the effect of Basler’s Republican affiliation. Still, Cameron Joseph reports in Bolts that the spread of false election conspiracies—even when they are defeated at the ballot box—is fueling a threatening climate. “It’s a very scary time to be an election administrator,” Wise told Bolts.

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Louisiana Takes a Hard Swing to the Right https://boltsmag.org/louisiana-elections-2023/ Mon, 16 Oct 2023 16:22:20 +0000 https://boltsmag.org/?p=5363 A new governor, emboldened conservatives, threats to New Orleans, and election conspiracies: Seven takeaways from Saturday’s elections in Louisiana.

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Louisianans pushed their state even further to the right on Saturday, electing an arch-conservative governor who will now get to run the state alongside like-minded lawmakers who control the legislature.

A boon for the GOP, the results will have stark consequences for state policy, easing the way for new legislation that would target LGBTQ+ residents, and empowering politicians who have championed draconian anti-crime measures and attacks on public education. They will likely set up more clashes between the conservative state government and the city of New Orleans. 

The results also signaled that election conspiracies continue to resonate with the GOP base, as several campaigns emerged triumphant after fueling false allegations of fraud during a critical juncture for the state’s voting systems. Jeff Landry, the incoming governor, tried to help Donald Trump overturn the results of the 2020 presidential election as attorney general, and he doubled down on his alliance with the former president during his campaign this year.

Bolts covered the elections in the lead-up to Oct. 14, with an eye to its ramifications for criminal justice and voting rights. Below are seven takeaways on the results. 

1. Landry’s win hands the GOP a new trifecta

Jeff Landry, the state’s arch-conservative attorney general, easily prevailed in the governor’s race on Saturday, receiving 52 percent in a 16-person field. He will replace John Bel Edwards, a Democrat who was barred from seeking reelection due to term limits. 

Landry’s victory hands Republicans full control of the state government for the first time since 2015, since his party also defended its large majorities in the state House and Senate.

The result will free conservative policy ambitions, which were held back over the last eight years by Edwards’ veto power. Even when the GOP gained a supermajority capable of overriding Edwards’ vetoes earlier this year, it remained frequently unable to do so. This summer, for instance, the GOP failed to muster the votes to override Edwards on a bill that would have prevented discussion of sexual orientation and gender identity in schools. 

Landry is sure to bring an entirely different outlook on such issues. Throughout his career, he has pushed Louisiana to restrict LGBTQ+ rights and block teaching of such issues in education, including at the collegiate level. Last year, Landry created a new tool for people to file complaints against teachers and libraries. He has also worked for the state to obtain information about Louisiana residents who travel out of state to obtain gender-affirming care or abortions.

Landry has fiercely fought local and state reforms meant to reduce the state’s near-record incarceration rate, Bolts reported in a profile of the attorney general in August. This year alone, he ran ads lambasting “woke DAs,” fought efforts by Louisianans on death row to seek clemency, and championed a measure, which ultimately did not pass, that would have opened the criminal records of children as young as 13 to the public—but only in three predominantly Black parishes. 

2. Things are about to get more complicated for New Orleans

Republican-run states commonly preempt liberal policies adopted in their cities, so just the fact that the GOP gained a trifecta in Louisiana would put New Orleans in a tough spot. But beyond that, Landry has been particularly aggressive in undercutting his state’s most populous city. As attorney general, he retaliated against New Orleans officials when they crafted policies to protect immigrants and to shield residents from anti-abortion laws, proposing to withhold flood protection funds. He has also undermined efforts to reform New Orleans police while also setting up a short-lived state task force with the authority to make arrests in the city. 

And Landry has made it clear he would double down as governor, telling Tucker Carlson last year that the governor’s office in Louisiana “has the ability to bend that city to his will,” and that “we will.”

New Orleans voters on Saturday signaled their appetite for a very different politics. Landry received less than 10 percent of the vote in the city, far behind Democrat Shawn Wilson who drew 71 percent. A former public defender with some progressive support, Leon Roché, also defeated a former prosecutor for a position as criminal court judge in the parish. And one of Louisiana’s most left-leaning lawmakers, Mandie Landry (no relationship to Jeff Landry), defeated more centrist challengers in a heated state House race for an uptown district.

On Sunday, even as she celebrated her own win, Mandie Landry said she was preparing for a “sobering” stretch for her city. “I think there is going to be more of a push from Baton Rouge to interfere in New Orleans than usual,” she told Bolts. “I am not under any delusions.”

3. This was a low-turnout election

For an election that will deeply affect Louisiana, engagement was very low: just 36 percent of registered voters turned out on Saturday.

Turnout fell sharply in the state’s two most populous urban regions, which vote very Democratic. Compared to the 2020 presidential election, the number of voters who cast a ballot fell by 60 percent in New Orleans and by 52 percent in East Baton Rouge Parish. In the rest of the state, it only fell by 49 percent. 

Mandie Landry, the New Orleans lawmaker, faults the state Democratic Party for doing little outreach to her city’s voters. Compared to the “huge efforts to get out the vote” she witnessed in 2015 and 2019, “there was none of that this time,” she told Bolts. “I didn’t see any get out the vote effort.” The state Democratic Party, which scarcely spent money in the run-up to the primary, did not respond to a request for comment. 

4. Secretary of state race heads to a runoff, but a new frontrunner emerges

Republican Secretary of State Kyle Ardoin has tried to appease election conspiracists since 2020, for instance quitting a multi-state consortium that monitors voter registration after false claims that it was tied to George Soros. With Ardoin retiring this year, the big question on Saturday was which of the many Republican candidates would advance to a runoff. 

Ardoin’s deputy Nancy Landry (no relation to Jeff Landry or Mandie Landry) barely edged out her rivals, coming in first with 19 percent. Bolts reported earlier this month that, much like her boss, Landry has resisted election deniers’ most radical proposals while also echoing unfounded suspicions of voter fraud and election irregularities. 

Mike Francis, the Republican who most firmly rejected election conspiracies, very narrowly lost out on a runoff spot, coming in third with 18 percent. Brandon Trosclair, a little-known businessman who ran as a hardline election denier and called for fully hand-counting ballots, got 6 percent.

Landry will now face Democrat Gwen Collins-Greenup, an attorney who snatched the second runoff spot. Collins-Greenup got 19 percent as well, but Landry will be the clear front-runner since all Republican candidates combined for 68 percent of the vote cast on Saturday. The state is at a crossroads on election administration since it has to soon replace its outdated voting equipment, an issue around which the far-right has mobilized.

5. In first referendum inspired by “Zuckerbucks,” voters ban private election grants 

Voters overwhelmingly approved Amendment 1, a measure that will block Louisiana’s election offices from receiving private grants from outside organizations. 

A non-profit with ties to Facebook founder Mark Zuckerberg donated hundreds of millions of dollars in 2020 to local election offices nationwide, in order to help them run elections during the early pandemic. The right quickly dubbed these grants “Zuckerbucks,” fueling conspiracies about election interference, and many GOP-run states proceeded to pass laws to ban such grants. To circumvent the Democratic governor’s veto, Republican lawmakers in Louisiana placed such a ban directly on the ballot for the first time.

Some elections experts critical of such bans share the reservations about private money flowing into elections, but they also stress that public funding is woefully inadequate, and that the bans risk further starving cash-strapped offices, threatening election security rather than protecting it. 

“Nobody’s got money to pay election officials what they’re worth (particularly in this new environment), to invest in new systems, to make improvements to back-end security,” Justin Levitt, a voting expert who now teaches at Loyola Law School, told Bolts on Sunday. “If the state actually responded by funding the elections we deserve, banning private money wouldn’t be the worst outcome. Private donations were only ever there to stop the bridge from collapsing entirely. They never should have been necessary. Yet they were.”

He added, “I think we can all hope that we’re not dealing with that kind of 10-alarm fire in 2024.”

6. In sheriff’s races, a sea of white men—again

Sixty-three parishes held sheriff elections, and only three even featured women running for the office. All lost on Saturday. 

This means that all 63 parishes have elected a man, or are sure to do so after the Nov. 18 runoffs. This dynamic is nothing new: All of these parishes already have a male sheriff. 

Nearly all incoming sheriffs will also be white. Across these 63 parishes, only three elected a Black sheriff on Saturday, with Black candidates advancing to a runoff in three additional parishes. By contrast, 57 of these 63 parishes elected a white sheriff on Saturday or will do so after the runoff. Louisiana’s population is 30 percent Black. 

This pattern is symptomatic of the societal biases regarding what law enforcement should look like, though breaking it up would not in itself change brutal conditions and treatment inside the state’s jails. And here again, New Orleans stands out from the rest of the state.

Its sheriff, Susan Hutson, is a Black woman who took office in 2022 (New Orleans holds its elections on a different cycle than all other parishes, and so Hudson was not on the ballot this fall). “As a woman and as a Black woman, I go through additional types of microaggressions in the job,” Hutson told Verite News last year. “So just having somebody else there who might be experiencing something similar with me, it’s good—it’s good to see someone like you.”

7. East Baton Rouge sheriff secures another four years 

The jail in Louisiana’s most populous parish is notorious for an alarming death rate and for the brutal treatment of people detained there. But, as Bolts reported in August, organizers and civil rights lawyers have run into Sheriff Sid Gautreaux, who has overseen the facility for 15-plus years, boosted by campaign contributions from people and groups that benefit from more jail spending. 

Gautreaux won reelection with 86 percent of the vote on Saturday. He is a Republican in a heavily blue jurisdiction but he faced no Democrat; two opponents were kicked off the ballot over the summer, though neither was expected to mount a serious challenge to the entrenched sheriff.

Reverend Alexis Anderson, co-founder of the East Baton Rouge Parish Prison Reform Coalition, a local organization that has pushed back against the sheriff’s practices, told Bolts on Sunday that she would continue to demand accountability regardless of these results. “I stand committed to working towards independent investigations of each and every death that has occurred in that facility under the Gautreaux administration,” she said. “We will continue engaging our community on the development of real public safety tools.”

Anderson added, “There are too many lives at stake to become discouraged.”

Piper French contributed reporting for this article.

Louisiana Votes

Bolts is closely covering the ramifications of Louisiana’s 2023 elections for voting rights and criminal justice.

Explore our coverage of the elections.

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Election Conspiracies Loom Over Louisiana’s Secretary of State Race https://boltsmag.org/louisiana-secretary-of-state-election-2023/ Thu, 05 Oct 2023 14:16:21 +0000 https://boltsmag.org/?p=5300 The state’s chief elections official tried to appease the far right before calling it quits. The crowd running to replace him risks falling in the same trap.

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Editor’s note (Nov. 19): Republican Nancy Landry beat Democrat Gwen Collins-Greenup in the Nov. 18 runoff and will be the next secretary of state of Louisiana, after the two candidates secured the first two spots in the Oct. 14 primary.

Louisiana’s leading Republican candidates for secretary of state have largely rejected calls from election conspiracists to upend the state’s voting system, but they’re still courting GOP base voters who continue to believe Donald Trump’s lies that he won the 2020 election.

Some of the main contenders in next week’s election are playing rhetorical footsie with the hard right in the campaign to replace retiring Republican incumbent Kyle Ardoin, whose own efforts to appease election deniers weakened Louisiana’s voting system without saving his political career.

Whoever replaces him as the state’s next chief election administrator will have to deal with continued pressure from conspiracists while making decisions about everything from administering the 2024 presidential election to replacing Louisiana’s aging voting equipment. 

Louisiana uses touchscreen electronic voting machines that are almost two decades old and prone to error, and do not include a paper ballot printout, making results impossible to audit. State officials have been mulling how to replace the equipment for years now to address these concerns but their efforts have repeatedly stalled, and far-right conspiracists have jumped into the fray to push for a radical reboot of the election system.

Brandon Trosclair, the most hardline candidate in the race, wants to switch to hand-counting elections, mirroring an approach some far right politicians have pushed around the nation that experts warn would produce inaccurate counts.

Local political observers doubt Trosclair has a real shot at winning the race, and most of the front-running candidates strongly oppose his calls for such a dramatic overhaul while supporting plans to acquire new voting machines with a paper trail. 

But two of the top candidates, Ardoin’s lieutenant Nancy Landry and state Speaker Clay Schexnayder, have also hedged their responses to false concerns of widespread fraud in a seeming attempt to appeal to the Republican voters in the state who still believe the game is rigged, a sign that they could fall into the same appeasement trap that Ardoin did in office. On top of that, Jeff Landry, the Louisiana Attorney General who joined Texas’ attempts to overturn the 2020 election in four swing states won by President Biden, is favored to win Louisiana’s governorship this fall, which would hand him more power to pressure the eventual secretary of state on how to run elections.

Schexnayder, Trosclair, and Nancy Landry (no relationship to Jeff Landry) are running in the Oct. 14 primary alongside five other candidates, including Public Service Commissioner Mike Francis, the Republican who is most direct about rejecting election conspiracies. Democrats Gwen Collins-Greenup, an attorney who received 41 percent of the vote in the 2019 runoff for secretary of state, and Arthur Morrell, a former court clerk in New Orleans, will be on the ballot as well.

The top two in the all-party primary will advance to a mid-November runoff regardless of party. 

Francis, Landry, and Schexnayder have raised the most money and are the only candidates currently running statewide TV ads, according to local Republicans tracking ad buys. With early voting already underway, at least one of those three Republicans is expected to advance to the runoff, where they would be favored since this is a deep red state. There’s a possibility that the Democratic candidates split their party’s vote and two Republicans advance.

Pearson Cross, a political science professor and associate dean at the University of Louisiana at Lafayette, said the leading Republicans’ message on widespread voter fraud has been “that they’re concerned about it, but it’s not an issue here.”

This attempt to walk a tightrope—defending their own state’s election system while nodding to more general worries about the 2020 elections—was also attempted by other state officials.

Ardoin, the outgoing secretary of state, spent years trying to appease the state’s far right who claimed that Louisiana’s elections were rife with fraud. Ardoin allowed MyPillow CEO Mike Lindell, a leading proponent of disproven election fraud theories, to air his views at an official hearing of the Louisiana Voting Systems Commission. 

Ardoin also pulled his state out of the Electronic Registration Information Center (ERIC), a bipartisan, multi-state collaborative effort that monitors whether people illegally vote in multiple states. 

More than 30 states run by both Democrats and Republicans were part of ERIC with little controversy until it became a target on the far right when the Gateway Pundit website falsely claimed that it was secretly a “left-wing voter registration drive” bankrolled by liberal billionaire George Soros. Ardoin announced he would quit the program shortly thereafter, at an event hosted by a group of election-denying conservative activists in early 2022. Seven other GOP-controlled states have since followed suit, with Texas officially planning to withdraw later this month.

Every state that leaves ERIC not only limits its own ability to detect voter fraud but hurts the entire endeavor, because it relies on states communicating with each other to identify if a voter casts their ballot in multiple states.

Louisiana Secretary of State Kyle Ardoin, here pictured in Washington, D.C., is not seeking re-election this year (photo from Louisiana Secretary of State/Facebook)

But Ardoin’s actions were not enough for conspiracy theorists, and they continued to hound him throughout his tenure. He decided this spring not to run for reelection, triggering Louisiana’s first secretary of state race without an incumbent since 1987—and slammed them in a statement.

“I hope that Louisianans of all political persuasions will stand against the pervasive lies that have eroded trust in our elections by using conspiracies so far-fetched that they belong in a work of fiction,” Ardoin said. “The vast majority of Louisiana’s voters know that our elections are secure and accurate, and it is shameful and outright dangerous that a small minority of vocal individuals have chosen to denigrate the hard work of our election staff and spread unproven falsehoods.”

Ardoin’s decision to quit ERIC hasn’t come up much at all on the campaign trail, but Francis, one of the leading Republican candidates, told Bolts he planned to rejoin the organization so long as new information didn’t come to light during his technical review. “I plan to go back to that unless something surfaces,”he said. 

It’s unclear where Landry and Schexnayder stand—neither has mentioned it on the campaign trail and their campaigns didn’t respond to questions from Bolts about the program. 

Kentucky Secretary of State Michael Adams, a Republican who defeated primary challenges from election deniers in May, told Bolts at the time that he wished public officials did not bow to such pressure. Referring to Louisiana, Adams said Ardoin “dropped out of ERIC and did the things that he thought he had to do to survive, and it didn’t work, he got run out of his race.”   

“I’ve seen my colleagues in the same job in other states try to feed the tiger,” Adams said. “I’ve seen them make decisions that I think were probably not good for their voters to try to survive a primary and all it does is just validate the conspiracy theories.”

In Louisiana, the secretary of state candidate most invested in these conspiracy theories hasn’t gotten much traction.

As of Oct. 4, Trosclair’s campaign website included a countdown clock to the Nov. 18 runoff, not the October 14 all-candidate election. He’d raised less than $100,000 for the race as of early September campaign finance reports, and has made no ad buys.

“It’s very difficult if you have no money and are trying to sell a narrative that people in this state don’t believe and a system that they don’t want,” Schexnayder adviser Lionel Rainey III said about Trosclair.

One prominent local Republican is helping Trosclair. When Bolts reached out to Trosclair with an interview request, Lenar Whitney, a former state lawmaker and current national committeewoman for the Republican Party of Louisiana with a long history of circulating conspiracies, called back and said that she was working on his campaign. Trosclair never called back. 

Trosclair has made clear his lack of faith in the state’s elections in no uncertain terms. 

“Safe and secure? I don’t think so,” he said of Louisiana’s system at a candidate forum on Sept. 21. “I don’t trust it at all.”

But some of the other GOP candidates are also courting election deniers, even as they defend their own state’s system. 

Nancy Landry’s campaign announcement video criticized election procedures in other states like Arizona and Pennsylvania. And she has hedged when asked if Joe Biden had legitimately won the 2020 election. 

“I do think that President Biden is the legitimate president, but I do think there were some very troubling allegations of irregularities in many states,” she said at the same Sept. 21 forum, before adding that Louisiana has “safe, fair and accurate elections.”

“I understand people’s concerns and their lack of confidence in elections. I think most of it is based on what they’ve heard that happened in other states,” she said later. 

She has also echoed a conspiracy spread by the far right since the 2020 election, attacking Facebook CEO Mark Zuckerberg for donating funds to help struggling local election offices at the height of the COVID-19 pandemic. “We must also continue efforts to prohibit private funding of elections from California leftists like Mark Zuckerberg,” she said in her announcement video. 

Louisiana did not receive any of the Zuckerberg funding in 2020 after Jeff Landry, the attorney general, stepped in to prohibit it. But Louisiana could be on its way to ban any future private elections funding if an amendment question put on the Oct. 14 ballot passes

Schexnayder won his speakership because of Democratic support and while his relationship with some legislative Democrats soured in recent years, he’s seen as more of a moderate than Landry. But he, too, has taken the tack that Louisiana’s elections are safe while stoking concerns about how other states and the feds handle elections, saying in an August TV interview that he wanted to ensure “we don’t have any overreach from the federal government to come in and manipulate elections.”

He has promised to create a board to “investigate all and any allegations made towards election irregularities”—a move that would mirror the creation of new investigative bodies in other red states, spurred by unfounded concerns of widespread fraud. 

Francis, a wealthy oilman and former state party chairman, has expressed significantly more skepticism of voting fraud theories than the other candidates.

“I voted for Trump. I’m very conservative,” he told Bolts. “I don’t agree that the election was stolen from him, because there’s no proof of that. I’ve been watching the news and all of the conspiracy theorists. Give me the proof that it was stolen.”

He still plans to give these theories air time, saying that as secretary of state he would organize a “technical conference” to test “all these accusations about the wrongdoing.” But he said he hopes that the conference might help convince them that “we have good solid elections.”

One reason that Louisians who are spreading lies about the 2020 election are so fired up is because Louisiana’s machines are leased from Dominion Voting Systems, which Trump and his allies have falsely claimed were involved in rigging the elections. 

For Trosclair and his allies, the solution is switching to an all-paper system with hand-marked and hand-counted ballots. That idea has been promoted by Trump allies like Lindell, the CEO of MyPillow, but elections experts say it would be much more prone to error.

The leading candidates have distanced themselves from proposals for hand-counting: They say they want to replace the old machines with new ones that will provide a paper backup in case anything goes wrong with the count and to audit the system.

But they’ve also acknowledged that voting machines may be unpopular with the GOP base.

“Don’t boo me, but we do have Dominion machines,” Schexnayder joked at a recent event, before explaining that they were secure. He promised that the updated machines would follow a similar model, while also creating an auditable paper trail.

Landry and Francis have similarly said they’d acquire new machines with an auditable paper trail, as has Collins-Greenup.

At a recent candidate forum, Trosclair declared “If you live in Louisiana and you think our elections are just fine there are seven other candidates that are going to change very little or nothing about the process.”

He may be right—but his opponents’ rhetoric during the campaign shows how powerful his movement remains in Louisiana politics.

Louisiana Votes

Bolts is closely covering the ramifications of Louisiana’s 2023 elections for voting rights and criminal justice.

Explore our coverage of the elections.

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The Five States Where Trifectas Are At Play in November https://boltsmag.org/state-government-trifectas-2023/ Tue, 03 Oct 2023 16:48:54 +0000 https://boltsmag.org/?p=5303 Voters in five states will elect their governor or legislators this fall, in each case deciding who controls their state governments for the next two years.  Most of these elections... Read More

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Voters in five states will elect their governor or legislators this fall, in each case deciding who controls their state governments for the next two years. 

Most of these elections are playing out in the South, where Republicans could secure three more trifectas than they currently have—that is, control of the governorship and both chambers of their state legislature. 

The biggest and most suspenseful battle is taking place in Virginia. Despite Democrats’ gains in the state since the 2000s, the GOP just needs to flip a couple of seats in the state Senate to grab full control of state government. Republicans are also aiming to gain control of Kentucky and Louisiana, in each case by flipping the governor’s mansion. All three states currently have divided governments. 

In Mississippi, the GOP is defending its existing trifecta. 

Democrats don’t have the opportunity to gain a new trifecta this fall, but they’re aiming to keep control of the state government in New Jersey, the most populous of these five states. And in a bonus addition to the fall’s calendar due to a single special election in New Hampshire, they have a shot to keep eroding the GOP majority in the nearly-tied state House, though they won’t be able to quite erase it for now.

These elections are a final messaging test for the parties before 2024, but they’ll also profoundly affect public policy around critical rights within these states, with measures ranging from LGBT rights in Louisiana and new abortion restrictions in Virginia hanging in the balance.

Below, Bolts guides you through each of the states electing governors or legislatures this year as part of our coverage of the 2023 local and state elections around the country. Much more is on the ballot in these states and many others, from a supreme court election in Pennsylvania—the only such race this year—to referendums in Maine or Ohio

Kentucky 

Current status: Split government, with a Democratic governor and Republican control of both legislative chambers

What’s on the ballot: The governorship

No matter what, the GOP will retain control of the Kentucky legislature heading into 2024 after very comfortably retaining majorities in the state House and Senate in 2022; those seats are not up for grabs until November 2024.

Republicans also have the votes to override vetoes by the governor, in a rare state where that only takes a simple majority, and they’ve rarely blinked. This year, the GOP-run legislature overrode Democratic Governor Andy Beshear’s veto of 15 bills, ramming through a ban on gender-affirming care for minors and major abortion restrictions.

Still, Beshear has flexed his executive power during his first term, issuing public health orders during the COVID-19 pandemic and winning a legal fight against GOP lawmakers who sought to block them. He also issued an executive order in 2019 that restored the voting rights of hundreds of thousands of Kentuckians who were permanently disenfranchised. And last year, he issued other executive orders to allow some people to access medical marijuana, drawing condemnation from Republican Attorney General Daniel Cameron, who is now challenging Beshear for the governor’s office; Beshear’s order eventually pressured state lawmakers into legalizing medical marijuana through legislation this spring. 

The ensuing clashes have put November’s race between Beshear and Cameron on track to break fundraising records.  

Democratic Governor John Bel Edwards cannot run for re-election this fall in Louisiana. (photo from Louisiana governor/Facebook)

Louisiana

Current status: Split government, with a Democratic governor and Republican control of both  legislative chambers

What’s on the ballot: The governorship, and both chambers of the legislature

All legislative seats in Louisiana are on the ballot this year, but we already know who will run the legislature come 2024 before a single vote has been counted. 

Only Republican candidates filed to run in the majority of districts in both the House and the Senate, guaranteeing GOP majorities in each chamber. Still, the fall’s elections will determine whether they can easily pass their priorities in coming years. 

John Bel Edwards, a Democrat has occupied the governor’s mansion over the last eight years, and he has vetoed many Republican bills in that time. Just this summer, he vetoed a barrage of legislation, including laws that criminalized getting too close to an on-duty police officer and banned discussion of sexual orientation in a classroom. Republicans have made major gains in the legislature during Edwards’ tenure, and earlier this year they finally clinched supermajorities in both chambers after a longtime Democratic lawmaker switched parties, giving them the power to  override vetoes. But veto overrides have remained unusual in Louisiana; Republicans this summer held a special session to take up just a few of the bills Edwards vetoed, and while they passed a bill to ban gender-affirming care for transgender youth, they could not muster the votes for other legislation.

Edwards is now barred from running for re-election due to term limits. If the GOP flips the governor’s office, it would gain unified control of the state government and no longer have to worry about vetoes. The front-runner is Jeff Landry, the state’s ultra-conservative attorney general, who is worlds apart from the outgoing governor on criminal justice policy. 

And even if Democrat Shawn Wilson pulls off an upset victory to become governor, the state’s legislative elections will determine the size of the Republican majority. Democrats have said they hope to break the GOP’s new supermajority, though the party has suffered from dysfunction, undercutting its preparation. Republican leaders, meanwhile, would like to grow their edge even more to make it easier to override vetoes.

Mississippi

Current status: Republican trifecta

What’s on the ballot: The governorship, and both chambers of the state legislature

The GOP is vying to keep unified control of Mississippi’s state government, which should be easy on the legislative side: Republican candidates are running unopposed in most Senate districts as well as in just shy of a majority of House districts, shielding them from any big surprise at the polls in November.

But Democrats have zeroed in on a scandal involving misspent welfare funds that has engulfed Republican Governor Tate Reeves, who is running for re-election and banking on the state’s red lean to prevail. He faces Brandon Presley, a member of the Mississippi Public Service Commission and a well-known politician in the state, who is aiming to hand Democrats’ their first victory in a governor’s race since 1999. Like past Democratic candidates in the state, Presley has vowed to expand Medicaid if he is elected, a reform Reeves has opposed; Mississippi remains one of only ten states that hasn’t expanded the program as provided by the Affordable Care Act, even though the expansion would cover more than 200,000 Mississippians.

The elections are unfolding in a tough landscape for voting rights and restrictions that depress participation, including a lifelong ban on voting for people convicted of many felonies—a policy that disenfranchises more than one in ten adults in the state, including sixteen percent of Black residents. And even though a new law meant to criminalize assistance with mail-in voting was blocked by a judge this summer, it has still left local organizations in a difficult position as they mount turnout efforts. 

New Jersey

Current status: Democratic trifecta

What’s on the ballot: Both chambers of the state legislature

Democrats walked into the 2021 elections confident they would easily keep unified control over state government, but they only barely survived with Governor Phil Murphy’s securing re-election in a surprise squeaker

Two years later, the stakes are considerably lower since the governorship is not on the line, but all legislative seats are up for grabs. And although the GOP, which gained seven seats in 2021, once made noise about 2023 being the year they flip a chamber for the first time in two decades, the party has already hit most of its obvious targets and it would have to reach into districts that are firmly blue. According to calculations by the New Jersey Globe, President Biden carried 25 of the state’s 40 legislative districts by double-digits in the 2020 presidential race. Even when Murphy survived statewide by three percentage point in 2021, he carried the majority of legislative districts by at least five percentage points. That gives Democrats a clear roadmap to retaining their legislative majorities this fall. 

Unified Democratic control hasn’t meant that those in the party always see eye to eye, though. Relationships between the legislature’s Democratic leaders and the more progressive governor have been difficult at times since Murphy’s first election. Senate President Steve Sweeney’s shock election loss in South Jersey in 2021 removed one of the state’s more centrist politicians, but progressive priorities like same-day voter registration have still died in the chamber.

Republican Governor Glenn Youngkin is not on the ballot this year but he is campaigning for GOP candidates to gain the Virginia legislature (photo from Virginia governor/Facebook)

Virginia

Current status: Split government: a Republican governor and House, and a Democratic Senate

What’s on the ballot: Both chambers of the state legislature

Republican Governor Glenn Youngkin badly wants his party to seize control of the Virginia legislature, which would give him far more control over the affairs of the state. Alongside Youngkin’s victory in 2021, the GOP also flipped the state House. But the Senate was not on the ballot that year and remained Democratic, and since then it has frustrated conservative ambitions on many issues, including abortion rights, criminal justice, and voting rights

Senate Democrats over the last two sessions have killed a barrage of Republican legislation, including bills that would have banned access to abortion at 15 weeks, ended same-day voter registration, enacted new voter ID requirements, and restrained the discretion of reform prosecutors to drop low-level cases.

If the GOP gains the Senate and keeps the House in November, it would open the floodgates for such bills. To get there, they need to flip two Senate seats (out of 40), and not lose more than one House seat compared to the state’s last elections. These margins are tight enough that Democrats are hopeful they’ll be the ones celebrating on Nov. 7 if they manage to not just retain the Senate but also flip the GOP-run House. 

And there are many competitive seats; 14 House districts and 7 Senate districts were within 10 percentage points in the last governor’s race, according to a review of data supplied by the Virginia Public Access Project. (The University of Virginia’s Center for Politics reviews the specific districts that are the likeliest to decide the majority.) Both parties are pouring in large amounts of money to win them, with many ads focusing on abortion access.   

These legislative races are the first general election since Youngkin dramatically tightened voter eligibility in March by ending his predecessor’s practice of automatically restoring the voting rights of people who leave prison. Many Virginians are unable to vote as a result

Bonus: New Hampshire 

Current status: Republican trifecta

What’s on the ballot: Just one state House seat

In the entire state of New Hampshire, only one state House district around Nashua is up for election in November. But with the state House nearly evenly divided between Republicans and Democrats, that election carries great symbolic weight. 

Big gains in the 2022 midterms left Democrats within three seats of a majority in the state House and they made further gains in special elections this year, most recently on Sept. 19 by flipping a district in Rockingham County. That cut Republicans’ edge to just one seat, 198 to 197, putting Democrats on track to tying the chamber with an even number of representatives per party ahead of Nashua’s Nov. 7 special election, which is taking place in a district that leans strongly blue, according to Daily Kos Elections

Then, on Monday, a House member announced that she would quit the Democratic Party, leaving her former party two seats behind heading into Nov. 7. 

Practically speaking, the exact number of seats held by each party wouldn’t at this stage change the bottom line: The GOP’s hold on the chamber is already tenuous. This is the largest legislative body in the U.S. by far, and lawmakers have other jobs since they’re only paid $100 a year. This means that chronic absences make the chamber difficult to predict and manage on any given day. Expect more vacancies, and party switches, over the next 15 months.

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Jeff Landry’s Bid for Louisiana Governor Has Been a Crusade Against Its Cities https://boltsmag.org/jeff-landry-governor-race-new-orleans-policing/ Thu, 31 Aug 2023 15:48:12 +0000 https://boltsmag.org/?p=5199 Jeff Landry faces 15 opponents in Louisiana’s gubernatorial race this fall, but at times, it seems like the Republican attorney general is really running against the state’s Democratic, majority-Black major... Read More

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Jeff Landry faces 15 opponents in Louisiana’s gubernatorial race this fall, but at times, it seems like the Republican attorney general is really running against the state’s Democratic, majority-Black major cities. 

In his announcement video, the candidate blasted Louisiana’s “incompetent mayors and woke District Attorneys” for what he sees as their role in allowing crime to proliferate. He doubled down in a series of campaign videos that called out the DAs of Caddo, East Baton Rouge, and Orleans for the three parishes’ crime rates, highlighting images of the two Black prosecutors but omitting any footage of East Baton Rouge DA Hillar Moore, who is white. “When DAs fail to prosecute—when judges fail to act – when police are handcuffed instead of the criminals—enough is enough,” he announces

In 2022, he assisted a Republican lawmaker in unveiling a bill, House Bill 321, that would have made public the criminal records of young people between ages 13 and 18 who are accused of a violent crime—but only in Caddo, East Baton Rouge, and Orleans, all parishes with some of the highest concentrations of Black residents in the state. Landry made news appearances advocating for the bill and spoke at the press conference announcing it, later using portions of his speech for campaign ads attacking those three parishes’ DAs. 

Bruce Reilly, a formerly incarcerated criminal justice reform advocate who testified against the bill at the Capitol, sat behind Landry as he spoke in favor of HB321. “If you think this is a good thing, why wouldn’t you do it in your own town?” he wondered.

It’s not uncommon for Republican candidates to blame Democrats for crime rates in the cities they control as a way of establishing conservative bona fides. But Landry’s campaign rhetoric isn’t just bluster. During his seven-plus years as attorney general, he has used the power of his office in standard, unorthodox, and at times highly controversial ways to single out New Orleans and the state’s other big cities. 

Landry’s actions have ranged from creating a short-lived anti-crime task force that made arrests in New Orleans without clear jurisdiction to to spearheading punitive legislation that only applied to Louisiana’s three major cities. He also tried to strike down a federal consent decree ensuring a majority-Black state supreme court district in Orleans Parish. And he even recently tried to withhold flood protection funds after city officials suggested they wouldn’t prioritize enforcing abortion crimes. 

Landry, whose campaign did not respond to interview requests from Bolts, will face off against his actual opponents in the primary on Oct. 14. If no one candidate gets more than 50 percent of the vote, the top two, regardless of party, will compete in a runoff on Nov. 18. The incumbent, Democrat John Bel Edwards, cannot seek re-election due to term limits, and Landry has so far been the front-runner in public polling. 

A win by Landry would return unified control of Louisiana’s government to the GOP. But it would also elevate and empower a man who has tirelessly sought to undermine the political power of the state’s major cities and shield law enforcement from local and federal reform efforts.

“The place is being run like a third world-country,” the attorney general said of New Orleans during an appearance on Tucker Carlson’s show last October. “Why doesn’t the state just take it over?” Carlson asks. “It’s a great question,” Landry responded. “In Louisiana, we have one of the most powerful executive departments in the country. The governor is extremely powerful. He has the ability to bend that city to his will, and he [Edwards] just doesn’t.”

“But we will.”


After an early stint as both a police officer and sheriff’s deputy, followed by law school, Landry was elected to Congress in 2010 as part of the ascendant Tea Party, the proto-MAGA movement that crusaded against taxation and federal government overreach. During his lone term representing Louisiana at the national level, Landry posed with a chainsaw in his office, meant to symbolize his willingness to make sawdust of the national budget. His time in Congress would be short lived—ironically, his congressional seat was eliminated during redistricting after New Orleanians left the city in droves in the wake of Hurricane Katrina—but he brought the chainsaw approach to his new role as attorney general, especially when it came to opposing Obama-era federal policy and executive orders.

Since he took office in January 2016, Landry has waged a rhetorical war on crime in New Orleans filled with racist dog whistles implying that the majority-Black city is lawless and out of control. “He definitely appeals to race,” said Bruce Reilly, the Deputy Director of Voice of The Experienced (VOTE), a group of formerly incarcerated Louisianans and their allies that advocates for criminal legal reform. “You pile on the Black mayor, the Black DA, the Black sheriff, right—it’s known as a Black city.” 

“I think it’s obvious,” Caddo Parish DA James Stewart, who is Black, said in an interview about the campaign videos in which he and New Orleans DA Jason Williams are depicted but their white counterpart in East Baton Rouge is not. 

Landry’s belief that New Orleans and other major cities are being poorly run is inextricably tied to his desire to police them more heavily and without restraint. In Landry’s interview with Carlson last October, he made it clear what he believes to be the solution to New Orleans’s woes. “That’s the way you start to take back control of these cities: by instituting state and local control—in law enforcement,” the attorney general said. He has also argued that New Orleans police should be allowed to use stop-and-frisk practices, which a decade-old consent decree, which grants federal oversight of the city’s police department in order to institute reforms, prohibits. 

“I think he genuinely is completely unwilling to entertain the idea that there are solutions to crises that we have in our state that are not driven by criminalization,” Mercedes Montagnes, a local civil rights lawyer, said of Landry. 

In July 2016, citing rising crime rates in the Big Easy, Landry created a Violent Crimes Task Force consisting of five state agents from the Louisiana State Police Bureau of Investigation who would patrol and make arrests within New Orleans city limits. His announcement was met with statements of support from some local officials, but within months, the New Orleans chief of police had signaled to Landry that his office had no authority to engage in law enforcement in the city, and a spokesman chided Landry for using the department, and the city itself, as a “prop in political agendas.” 

Landry ultimately disbanded his task force amidst criticism from local officials and a federal judge, who said she believed that Landry lacked the authority to direct agents to make arrests in New Orleans and stressed the importance of police operating only where they have the authority to do so in order to ensure that arrests were valid. Its actual impact was far thinner than the controversy it fomented: In nearly a year of operations, the task force had made only 16 documented arrests, leading to at least one case where a public defender argued the arrest was illegal (it was upheld).

Landry has also heaped scorn on the consent decree governing the New Orleans Police Department, consistently implying that it is a misuse of federal authority (he recently called it a “pernicious threat to federalism”) and said that it “handcuffs cops instead of criminals,” a pet phrase of his. 

The decree, which Landry also likes to refer to as an example of what he calls “hug a thug” policies popular with Democrats, was put into place in 2013 after a U.S.Department of Justice investigation—itself sparked by an incident just six days after Hurricane Katrina in which a group of New Orleans police officers in street clothes toting AK-47s shot at a Black family and their friend as they were walking to the grocery store. Two of them were killed, including a 17-year-old; four others were severely wounded, including one woman whose arm later had to be amputated. The department then tried to cover up the shooting. Federal investigators found “patterns of misconduct that violate the Constitution and federal law,” which they stressed went far beyond the incident itself. 

The subtext to Landry’s crusade is not merely opposition to federal power or a desire to assert state-wide control—it’s a distaste for any checks on police power. In 2017, he penned an editorial heralding the news that the end of the consent decree was near (it wasn’t). “As expected when police priorities are subject to the approval of activist judges and Washington lawyers, the community suffers and criminals benefit,” the AG wrote.

In recent years, Landry’s campaign against the consent decree has aligned with the efforts of New Orleans Mayor LaToya Cantrell, otherwise a frequent sparring partner of Landry’s, to put an end to the decree. (Still, as of April, more than half of the city council opposed the mayor’s stance as of April and said the consent decree should stay.)

But Montagnes, the civil rights lawyer, stressed that Landry’s actions were more about politics than his assessment of how far the New Orleans police department has progressed since the implementation of the consent decree. “[Jeff Landry] is not talking to people in New Orleans,” Montagnes said. “He’s not holding community meetings. This is just based on his unilateral position that we should not trust the federal government, and we should get them out of our business.”


Landry has used his office to retaliate against city leaders who disagree with him on abortion criminalization and immigration enforcement, at times withholding key funding and jeopardizing important city functions with his political gamesmanship. 

In 2016, after New Orleans police adopted a policy preventing officers from inquiring about people’s immigration status, Landry helped craft a bill that would prevent so-called sanctuary cities from accessing state bond money for construction projects. The bill would have also granted him, as attorney general, sole authority to define what a “sanctuary city” actually was—under his definition, New Orleans was the only municipality that qualified. 

Some lawmakers worried that the bill would give Landry too much power, and could place the city in conflict with its own consent decree. New Orleans, meanwhile, maintained that its police force’s anti-discrimination policies, including its best practices around immigration status, came at the behest of the federal government itself. Versions of the bill died in 2016, 2017 and 2023

In late 2022, Landry used his position on the Louisiana State Bond Commission to try and hold up $39 million dollars in flood prevention funding for New Orleans after the city council passed a non-binding resolution related to Louisiana’s harsh new abortion law, which lacks rape or incest exceptions. The city resolution requested that police and prosecutors make investigation and enforcement of the law “the lowest priority.” 

Landry responded by urging the commission to “use the tools at our disposal to bring them to heel.” Initially, his fellow commissioners seemed to agree, voting twice to stop the funding from moving forward. But their support crumbled, culminating in a tense, at times openly hostile meeting in September in which the board ultimately voted to approve the funding. “To use this commission as a political maneuver is not our position—shouldn’t be our position, I feel,” said Lieutenant Governor Billy Nungesser, claiming he hadn’t realized how the representative he had sent to previous meetings had voted.

“We’re talking about someone whose job it is to sit on the bond commission withholding vital infrastructure funds to punish any democratically elected local government,” said Monika Gerhart, an energy consultant and the former director of intergovernmental relations for the city of New Orleans. Gerhart is currently consulting on policy for Shawn Wilson, one of Landry’s chief opponents.

Gerhart believes that Landry’s ultimate goal wasn’t even to punish New Orleans, but rather to force his fellow commissioners, several of whom were also considering a run for governor, to vote to signal their anti-abortion bona fides, inevitably angering a large municipality whose residents would soon go to the polls to choose whether to elect them as governor. He has since announced that he will not run, but at the time, Nungesser was considered Landry’s most viable Republican opponent in the gubernatorial race; another commissioner, State Treasurer John Schroeder, is a more centrist Republican whom Gerhart believes will likely seek to court New Orleans Voters, especially if the race were to come down to a run-off between him and Landry.

“It was a completely manufactured crisis,” she added. “I think it’s a really dangerous way to prioritize politics over governance.” 


Landry is, of course, running to be governor of the entire state. But Reilly believes Landry sees it as more advantageous to scapegoat New Orleans in order to rally his base than he does to seek out its residents’ votes. In Louisiana, he said, “you can win an election on all rural votes. You can win an election on all white votes.” 

And so far, those are the very voters Landry seems to be courting with his campaign. He aligned himself with Trump early on and received his endorsement, and he has woven his critiques of New Orleans into a larger “tough on crime” platform. His main Democratic opponent, Wilson, meanwhile, is charting a moderate approach, emphasizing his statewide leadership experience and credentials; his slogan is “We need leaders who will build bridges, not burn them.” 

If Landry wins control of Louisiana’s executive branch, he would have the power to staff many of Louisiana’s more than 500 boards and commissions, including a number with direct power over the state’s criminal legal system, such as the Committee on Parole, the State Police Commission, the Police Officer Standards and Training (POST) council, and the Louisiana Sentencing Commission. Landry would also have ultimate say over the state’s budget;. the office’s line-item-veto power means that Landry would have the ability to, with the stroke of a pen, edit the state’s budget in order to divert resources away from New Orleans and other cities when they adopt policies he doesn’t like. 

Critics of Laundry’s who spoke to Bolts fear he would go even further in inserting the state into New Orleans politics on issues like crime, homelessness, and social and cultural issues—much like Governor Ron DeSantis has done in Florida. 

“There’s this incredibly complicated relationship between the remainder of our state and New Orleans,” said Montagnes. New Orleans is the center of business and tourism in Louisiana, she said, “but I think it becomes a bogeyman on cultural, social issues, and I think that Jeff Landry is really particularly interested in dividing people of Louisiana based along those issues. And so we’d be an easy target.” 

Louisiana Votes

Bolts is closely covering the ramifications of Louisiana’s 2023 elections for voting rights and criminal justice.

Explore our coverage of the elections.

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Louisiana First in the Nation to Vote on Banning Private Elections Funding https://boltsmag.org/louisiana-elections-funding-amendment-1-ballot-measure/ Thu, 24 Aug 2023 14:51:56 +0000 https://boltsmag.org/?p=5169 Louisiana’s Ascension Parish stores its voting machines in a warehouse without climate control, says Bridget Hanna, the parish’s elected clerk of court and top elections official. This worries her on... Read More

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Louisiana’s Ascension Parish stores its voting machines in a warehouse without climate control, says Bridget Hanna, the parish’s elected clerk of court and top elections official. This worries her on days like these, when temperatures routinely hit 100 degrees, compounded by extreme humidity. 

Louisiana’s voting machines are from 2006—old enough that when they falter, Hanna says, it’s often impossible to locate replacement parts. That’s a common frustration: aging voting equipment poses a projected multi-billion-dollar concern in the United States, amid a general national crisis of underfunding for local election administration. 

“The state is scrambling to make sure they have enough machines for everyone, but we can’t get them anymore,” Hanna, a Republican, told Bolts. “We’re just hanging on.”

Hers is the kind of local election office that Facebook founder Mark Zuckerberg said he sought to help in 2020, when he and his wife, Priscilla Chan, donated some $350 million to a previously obscure nonprofit organization called the Center for Tech and Civic Life (CTCL), which helps maintain and improve local election procedures and ballot access around the country. The COVID-19 pandemic had just set in, and election administrators, who in many cases already had limited budgets and inadequate staffing, were facing dramatic new challenges: outfitting poll workers with personal protective equipment, establishing drive-through voting, and preparing for much more mail-in voting than usual, to name a few.

An NPR analysis done soon after the election found officials applied for and accepted some amount of CTCL money in more than 2,500 different local jurisdictions, covering every U.S. state except Louisiana, Delaware, and Wyoming. The money was used for a variety of purposes, including ballot processing equipment and improved pay for election workers.

Those early-pandemic days of emergency voting procedures ended long ago, but the CTCL donations set off a wave of political uproar around election funding that is still rippling through state governments, including in Louisiana—even though none of the money even reached election offices there. 

Now, after three years and several legislative attempts in Louisiana to kick private money out of elections offices, the state will become the first in the nation to vote on the matter directly. In the Oct. 14 election, Louisianans will see a proposed constitutional amendment, placed on the ballot by the GOP-controlled legislature, that would ban private or foreign money from being used for the purpose of conducting elections.

This proposed ban, Amendment 1, would if passed make Louisiana the 26th state to adopt such restrictions, all directly inspired by what conservatives have demonized as “Zuckerbucks” spent on elections during the onset of the pandemic. The billionaire’s donations have drawn particular ire from conservatives convinced that CTCL boosted Democratic get-out-the-vote efforts, and the partisan outrage is clearly reflected in state policies: 23 of the 25 states that already adopted such restrictions voted for former President Donald Trump in 2020 or have Republican legislative trifectas, or both. 

Louisiana’s Republican secretary of state, Kyle Ardoin, initially urged local election offices to apply for CTCL grants. But soon after, Republican Attorney General Jeff Landry, who is now a candidate in Louisiana’s November gubernatorial election, sent parish clerks a letter warning that it would be illegal to accept the money and ordering them to stop seeking it. (Landry’s warning was incorrect; state law at the time said nothing about how local offices could raise money for elections.)

Clerks across Louisiana were suddenly blocked from large sums of money that could have helped with the myriad challenges they faced in running smooth elections on dated equipment during a pandemic. Hanna’s parish, for one, was set to receive $114,000 before Landry stepped in, according to the Louisiana Clerks of Court Association.

Louisiana might have already joined other states with a law banning the donations if not for its Democratic governor, John Bel Edwards, who is term-limited and will exit office in January. In 2020, 2021, and 2022, he vetoed anti-“Zuckerbucks” bills passed by the legislature, condemning what he termed an “unnecessary political ploy.” Statehouse Republicans circumvented the governor this year by referring their proposal directly to the ballot; with supermajorities in each chamber, they sent the ballot measure to voters without ever needing Edwards’ sign-off.

Peter Robins-Brown, executive director of the nonprofit Louisiana Progress and an advocate for voting rights, has little doubt that Amendment 1 will pass, even as no polling on the issue has been publicly released to date. Robins-Brown said he finds it troubling, though, that state Republicans have been so bullish on this policy for several years running, without taking seriously the broader concerns that Zuckerburg’s money was supposed to help alleviate.

“If you’re going to do this,” he told Bolts, “you also need to make sure that election administration is fully funded, and that’s where I think there’s the element of potential bad faith here: you’re going after this one piece of the larger puzzle without addressing the underlying problem, which is underfunding of election administration.”

Louisiana’s election funding problems go beyond the outdated voting machines. Hanna said local elections officials like her struggle to recruit and pay election workers, and Debbie Hudnall, executive director of the Louisiana Clerks of Court Association, added that some clerks can’t staff up adequately during elections.

“Finding citizens who want to spend those hours working the polls—sometimes that’s been difficult,” Hudnall, herself an elected parish clerk from 1980-2007, told Bolts. “Back when I was a clerk of court, people felt it was a civic duty to go work the elections. It’s harder now.”

Neither that problem nor the issues of aging infrastructure and general underfunding of elections are unique to Louisiana or the primarily red states that have taken up bans on outside funding of elections. But “Zuckerbucks” critics have noted that the donated money disproportionately aided election administrators in states that voted for President Joe Biden in 2020.

While CTCL says it distributed grants to election administrators in 47 states, the Capital Research Center, a conservative watchdog group, found that the grant money benefitted Biden states that year almost twice as much as it did Trump states—$217 million to $114 million. In per-capita funding, the group found, Georgia—a critical battleground in the last presidential election—was by far the highest state beneficiary, and the swing states of Wisconsin, Pennsylvania, and Michigan all ranked among the top seven in per-capita funding from the group. All sided with Biden in 2020.

CTCL has said that it disbursed money based only on applications received, in a process that states opted into. The organization also defended itself against allegations of Democratic bias, stating in 2021, “There were no partisan questions in the grant applications. CTCL COVID-19 Response grant funding decisions were not made on a partisan basis, and as demonstrated by the jurisdictions across the political spectrum that received money, partisan considerations played no role in the availability or awarding of funding.”

Conservatives backing Louisiana’s Amendment 1 have not only rejected the nonprofit’s defense, but roped their outrage over “Zuckerbucks” into a broader, conspiracy-fueled Trumpist narrative that the 2020 election was “stolen” from Trump. In a letter to the editors of The Advocate, Louisiana Republican Party Chair Louis Gurvich said that the money “was used by Democrat political machines across the country for highly partisan get-out-the-vote efforts such as vote harvesting, ballot drop-off boxes, etc.”

The campaign to pass Amendment 1 counts among its supporters the Election Transparency Initiative, which is chaired by former Trump appointee Ken Cuccinelli and which opposes policies that have been shown to increase democratic participation, including same-day voter registration and automatic voter registration.

But even as they put the question in front of voters, the conservatives who pushed for Amendment 1 don’t appear to be harnessing much grassroots passion; to the contrary, Hanna told Bolts, the “Zuckerbucks” controversy is something average voters rarely raise with local officials like her. There is no organized campaign for or against the measure, and state campaign finance data show no one has spent any money formally opposing or supporting it.

In the absence of much public discourse on the matter, voters will be left with a question that Louisiana voting rights advocates worry is so facially simple—a referendum on private interests influencing election procedures—as to totally belie the far-right, anti-democratic movement in the background.

Robins-Brown says that without context, many people of varying political stripes will likely be persuaded by the argument that a private or foreign interest shouldn’t be sending Louisiana money to perform basic governmental operations. 

“This thing that had its genesis around conspiracy theories in the midst of COVID did sort of morph into an idea that is viable. I’m not saying I’m fully on board and that I’ll vote yes, but I think there’s a solid point here,” he said.

Ashley Shelton, a progressive organizer who founded and leads Louisiana’s Power Coalition for Equity and Justice, told Bolts her organization does plan to campaign against Amendment 1. She said Amendment 1’s backers have exposed their hypocrisy by slamming “Zuckerbucks” without turning scrutiny to the myriad other ways that outside money influences policy and thus state governmental function. 

In 2021, for example, the same Louisiana state legislature that had just passed an anti-“Zuckerbucks” bill also passed a spending bill allowing itself to receive and spend money obtained via private donations. The irony was not lost on Edwards, who, in a letter accompanying his veto of the former bill, questioned how “the Legislature is somehow immune from the improper influence of grants and donations that … would end up corrupting local election officials.” 

Said Shelton,“They’re worried about Zuckerburg but nobody is talking about these other agendas that are also supported by private money that isn’t Zuckerburg.”

Shelton said she can only conclude, then, that Amendment 1 is meant to evoke fear and to continue choking efforts to streamline ballot access and boost turnout. She notes that the measure seeks to ban “foreign” money in election administration—a response to a fictitious threat, she said, but a useful way to gin up voter outrage. 

“I’ve been doing election work in the state of Louisiana for a very long time, and I have not been and am not worried about the engagement of a foreign government,” she said. “This is worse than a solution in search of a problem. This is all about election administration and creating more limitations and barriers to voting.”

Louisiana Votes

Bolts is closely covering the ramifications of Louisiana’s 2023 elections for voting rights and criminal justice.

Explore our coverage of the elections.

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5169
Brutality and Deaths Inside East Baton Rouge Jail Spark Uphill Battle for Reform https://boltsmag.org/east-baton-rouge-parish-jail/ Fri, 18 Aug 2023 17:10:52 +0000 https://boltsmag.org/?p=5135 Kaddarrius Marquise Cage was experiencing a severe mental health crisis when he entered the East Baton Rouge jail in late May. The 28 year old had stabbed his stepfather in... Read More

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Kaddarrius Marquise Cage was experiencing a severe mental health crisis when he entered the East Baton Rouge jail in late May. The 28 year old had stabbed his stepfather in the midst of an acute psychotic episode, but his mother, Kim, says that neither she nor her husband, who was badly wounded in the attack, thought that jail was the right place for Kaddarrius, who suffered from paranoid schizophrenia and bipolar disorder. They were told there was simply no other option. 

The deputy who arrested Kaddarrius “assured me that he was being put on suicide watch,” Kim told Bolts. “It was all a lie.” 

Kaddarrius’s stay at the jail, formally known as the East Baton Rouge Parish Prison (EBRPP), disrupted his normal medication schedule, which Kim suspects destabilized him even further. On the morning of May 31, guards found him hanging in his cell. “I called the jailhouse every day for 12 days begging and pleading with them saying please let me—can you have my son call me, can I speak to my son, my son’s not in his right mind,” Kim said. “If I was able to get his medicine to him, my son would be alive today.”

Between 2012 and 2016, the EBRPP had a death rate more than twice the national average, according to a Reuters analysis. Since 2012, there have been 59 fatalities in custody. Jail staff have long faced allegations of neglect and deadly lapses in medical treatment, and in 2016, the brutal treatment of people arrested and jailed for protesting the Baton Rouge police killing of Alton Sterling sparked a movement for jail reform.

The man who has overseen the jail for 15-plus years, East Baton Rouge Parish Sheriff Sid Gautreaux, has often blamed the deaths on the building, which activists, politicians, and sheriff’s department officials alike agree is antiquated and dangerous. Gautreaux, a Republican, has for years sought to replace the current jail with a new, even larger facility, but voters have shot down requests for funding to build a new one. The sheriff, who is also the parish’s chief tax collector, has faced allegations of profiting off his office, raking in significant campaign contributions from contractors during elections where he has run unopposed or lacked a significant challenger. This includes thousands of dollars in donations from a law firm that has represented Gautreaux and his co-defendants against plaintiffs whose loved ones have died in his jail. 

Despite his track record, Gautreaux seems likely to secure reelection once again this year. East Baton Rouge has reliably voted for Democratic governors and presidents over the last decade, and Mark Milligan, a Democrat who challenged the sheriff in 2019, is running again, as well as two other candidates. But none of the three challengers appear to be actively campaigning less than two months out from the October 14 election. Four years ago, Milligan received only 17 percent to Gautreaux’s 70 percent.

“Unfortunately, again, because the majority of our residents are not in tune to what’s going on at Parish Prison until it hits them personally…he continues to fly under the radar,” said Baton Rouge Metro Council member Chauna Banks, a Democrat who has previously called the jail a “money grab.” 

Gautreaux didn’t respond to multiple requests for comment for this story. 

Family members of people who died at the jail, advocates for reform, and academics who have studied deaths behind bars there blame the sheriff as well as the warden, Dennis Grimes, and negligence on the part of guards and medical staff for these deaths. But they also blame larger systemic failures that have turned jails into a backstop for people experiencing addiction, instability and mental health crises. 

(Photo courtesy Reverend Alexis Anderson)

A paucity of mental health services across Louisiana, as well as the jail’s use of solitary confinement and other practices that can exacerbate mental health crises, only intensify the problems at the lockup, says Reverend Alexis Anderson, the co-founder of the EBRPP Reform Coalition, which has both established a support network for people who have lost loved ones inside the jail and fought to transmit their message to a broader community that remains largely unaware of its issues. 

Anderson said a new jail, which the sheriff continues to advocate for, won’t fix the problems illustrated by a steady stream of tragedies there. In her view, rampant criminalization, from schools to traffic stops to unhoused people, has contributed to a ballooning jail population. She also pointed to the defunding and privatization of state services that ramped up under Louisiana’s former Republican Governor Bobby Jindal, which led to the closure of the charity hospital where incarcerated people in mental health crisis were once sent and paved the way for a private, for-profit company with a long history of scandals to take control of healthcare in the jail. Meanwhile, high bonds and a lack of pretrial reform have also left people who are legally innocent to languish in jail with little treatment for years on end. 

“Mass incarceration is our number one industry,” Anderson told Bolts. “Conversations about the building take away from the real work that we as a community need to do…so we aren’t continuing to use a jail as a de facto mental health facility, as a de facto addiction detox center, as a de facto cooling center for people who are struggling with domestic violence.” 

Rather than building a new jail, the EBRPP Reform Coalition seeks to install an independent monitor to oversee healthcare and conduct investigations of deaths and abuses in custody, so that people aren’t effectively forced to file a lawsuit to try to figure out what happened in their relative’s last moments. Advocates also wish to put an end to the use of solitary confinement inside the jail, and they want fundamental changes in how the country treats residents struggling with addiction, homelessness, and mental illness, with the ultimate goal of incarcerating fewer people.  

In addition to these changes, the coalition is demanding accountability for the suffering the jail has already caused—something a new building alone can never address. “A facility didn’t kill my uncle,” said Sherilyn Sabo, the niece of Paul Cleveland, who died in the jail in 2014. “Three deputies tased him while he was having a heart attack.” 


Not long after Baton Rouge police killed Alton Sterling in 2016, one of Linda Franks’ clients called her to make a salon appointment. Over the phone, she told Franks that she had been arrested during the demonstrations roiling the state capital. “She was very, very, very upset,” Franks recalled. The client told Franks that she and other protestors booked into the jail were pepper sprayed, denied access to basic hygiene products, and left in a freezing cold cell without blankets. It seemed like the guards were retaliating against them for going out to protest Sterling’s death. 

The year before the protests, Franks’ son Lamar Alexander Johnson had disappeared inside that same jail after an officer pulled him over for having tinted windows and discovered that he had an old warrant for a bad check in another parish. “Lamar was like, ‘Mom, you know, everything’s fine. I know I had a traffic ticket,’” she told Bolts. “And four days later my son was hanging in a cell.”

Franks says that Johnson had never before experienced any issues with his mental health in his 27 years. “He was always the peacekeeper,” she said. “He was just an amazing loving father and very attentive to his children.” He lingered on life support for a week, enough time for Franks and her husband to make sure his vital organs went to save a 9-year-old boy who needed them.

Johnson’s passing, in early June 2015, marked the beginning of a furious quest for Franks to understand what happened to her son and prevent others from suffering similar tragedies. She founded an organization called the Fair Fight Initiative. Along with Reverend Anderson, Franks also established the EBRPP Reform Coalition, and started talking to her friends and customers about her work — including the client who called the salon to relay her detention horror story after the Alton Sterling protests. 

Around the same time, Andrea Armstrong, a law professor at Loyola University New Orleans, began receiving a flurry of calls from students who were serving as legal observers during the protests. Their stories led to a 2017 report titled “Punished Protestors: Conditions in East Baton Rouge Parish Prison,” that detailed the abuses visited upon demonstrators during their stays in EBRPP. 

“I’ve been writing about jail and prison conditions for my entire career, but I had never necessarily focussed on a particular facility,” Armstrong told Bolts. She decided to dig deeper, especially after talking to Franks. Armstrong recalled her questions: “Was her son the only one to die this way? You know, ‘Are they telling me the truth about what happened to my son?’” 

Lamar Alexander Johnson died inside the East Baton Rouge jail in early June 2015. (Photos courtesy of Linda Franks)

Gautreaux, has downplayed deaths in his custody by citing the prevalence of addiction and comorbidities amongst people in his care. More than any other part of the criminal legal system, jails tend to admit people in a state of crisis—which is precisely why speedy medical and psychiatric care, addiction treatment, and regular observation are so important in that setting. But Armstrong also seeks to trouble the assumption that death is simply an inevitability, pointing to nationwide statistics that suggest that the vast majority of jails lack a fatality in any given calendar year. “Death is and should be a rare occurrence behind bars,” she told Bolts.

Diving into EBRPP’s statistics was no easy feat: there was next to no information publicly available. “When we started looking at it, nobody had a list. Nobody was tracking—not even the jail, in a publicly accessible way, at least—who was dying, and why and how,” Armgstrong told Bolts. When Armstrong got records for EBRPP from between 2012 and 2016, she found that 22 of the 25 men who had passed away during that time were legally innocent: They had died awaiting trial. “Their deaths were preventable,” she wrote in a follow-up report. Inspired by her work in EBRPP, Armgstrong would eventually go on to map deaths behind bars throughout the state

Despite its name, the East Baton Rouge Parish Prison is a jail, not a prison. The vast majority of its residents are pre-trial, and there’s very little in the way of programming for people incarcerated there, said Amelia Herrera, an organizer with the Baton Rouge chapter of the group Voice of the Experienced who was incarcerated there for a number of months in 2015. But at the same time, people often live there for months or years on end. “Entering jail now is like throwing the dice—you don’t know what’s going to happen,” she said. “Every call is like a 911 call.”

Anderson has been court watching at the local district courthouse for nearly five years. Almost everyone she sees is eligible for bond, suggesting they’re not considered a threat to public safety, but the amounts are set so high that very few people have a hope of posting. Sabo’s uncle’s bail, for instance, was set at $300,000. “How many of the people that you’re holding, you’re only holding there because of poverty?” Anderson asked. “I watch one on one who’s coming in that jail, and I can tell you disproportionately that so many of those people are not medically stable when they get there…We have lots and lots of people [who] go in there because we’ve criminalized mental health.” 


Until 2013, when Republican Governor Bobby Jindal began decimating the state’s charity hospital system (he ultimately shuttered or privatized 9 of 10 facilities), people incarcerated at EBRPP who needed medical care—about 35-40 patients a month—would be taken to the Earl K. Long Medical Center. When the city took over the provision of healthcare services, moving all medical care inside jail walls, things quickly went downhill. A 2016 evaluation by an outside consultant group would deem healthcare at EBRPP “episodic and inconsistent.” ​​At the time, nurses who worked there told the Baton Rouge Metro Council that they frequently lacked basic supplies such as neosporin, and that the jail’s EKG machines could not effectively determine whether someone was in the midst of a heart attack or not. “I can personally attest to them not coming out to give insulin, not checking blood pressures,” said Herrera. The year after she was there, eight people died. 

However, a for-profit carceral healthcare company called CorrectHealth was already in touch with city officials before the 2015 evaluation was even completed. Problems with medical care persisted even after 2017, when the city passed responsibility for healthcare provision off to the company, which has been dogged by lawsuits and is run by a doctor who oversees prison executions in his spare time. 

EBRPP Reform Coalition has been active in the fight to send the company packing. They won a partial victory when the metro council underwent a more transparent contract bidding process and ended up choosing a different company, Turn Key Health Clinics, to take over healthcare provision. But Anderson stressed that without an independent healthcare monitor, any progress that might have been achieved by CorrectHealth’s ouster is incomplete. “We are getting the same bad results because we are doing the exact same things,” she said. Meanwhile, Anderson has counted at least nine fatalities since the new company took over in early 2022—a bleak form of déjà vu. “The deaths keep coming,” said Herrera.

A mental health facility called the Bridge Center for Hope opened in early 2021, an event city officials heralded as transformative for the provision of mental health care in the parish. The 24/7 taxpayer-funded crisis center––the only one in the state—includes a crisis observation unit, a short-term psychiatric unit, and a detox unit, according to their website. But Anderson stressed that most people with mental health issues who cross paths with the sheriff’s department may require longer-term care. In court, she told Bolts, “many of the people who come through with behavioral health issues are not short-term care people. They’re already in our existing mental health system. And so what they need to be connected to is their existing system.”

Jail staff also continue to put people with mental health issues in solitary confinement. Johnson, Franks’ son, was in solitary for a time before his death, and Herrera spent nearly a month there when she was in jail in 2015 after struggling with her mental health in the wake of her mother and husbands’ deaths. “The jail isn’t equipped to handle anyone with a mental illness,” she said. “Instead of receiving help that I really needed, being incarcerated and thrown into a cell….” Ultimately, Herrera said she wasn’t permitted to see a psychiatrist until four months had passed.

During the pandemic, in an effort to keep the isolation that incarceration engenders at bay, the EBRPP Reform Coalition staged a monthly “caravan of justice” outside the jail. “We wanted a way for people being detained as well as people that worked there, to let them know that someone is watching,” Franks said. “I just felt like someone needed to hear a horn blow. I just, I thought, you know, if Lamar heard a horn blow that morning….I don’t know what that would have accomplished, but god put that on my heart to do.”


Despite the body count and rotating cast of healthcare providers at his jail, Gautreaux has largely stayed out of the limelight, all while raising hundreds of thousands of dollars in campaign funds, serving a term as president of the Louisiana Sheriff’s Association He has easily won every election he’s faced, even receiving endorsements from prominent local Democrats despite running as a Republican. 

Gautreaux has a powerful fundraiser and ally in Alton Ashy, a prominent lobbyist for Louisiana’s booming gambling industry who has also served as his campaign chairman and treasurer. Ahead of a December 2022 parish vote on a millage tax to fund the sheriff’s department, Ashy set up a PAC to advocate for the measure, raking in donations from casinos, bingo distributors, and a for-profit correctional services company. 

In a 2021 report, the government accountability group Common Cause singled out Gautreaux for the breadth and depth of donations he has received over his career that represented potential or outright conflicts of interest, including money from CorrectHealth. The report also pointed to a law firm, Erlingson Banks PLLC, that donated to the sheriff and handles the sheriff’s office’s public records requests. Court records show that the firm has also represented the sheriff and other jail officials in multiple lawsuits over jail conditions and in-custody deaths. Mary Erlingson, a partner at the firm who has served as Gautreaux’s general counsel, is also listed as treasurer on the millage tax PAC, which was created to advocate for funding for the sheriff’s office. 

Meanwhile, according to the Common Cause report, Gautreaux has accepted over $150,000 in contributions from construction companies since his initial campaign in 2008. One construction company owner donated $50,000 in one fell swoop to the millage tax PAC in 2022. 

Given all this, advocates are suspicious that the sheriff’s desire for a new jail is less about seeking to improve conditions than the potential for other collateral benefits. Gautreaux initially argued for a 3,500-bed facility, twice what the jail currently possesses, leading some to suspect that he intends to take advantage of a common practice in Louisiana where the state pays sheriffs a per diem to house people in the state prison system. (Under Louisiana’s only 287(g) agreement, the sheriff’s department also collaborates closely with ICE, including holding people in custody for 48 hours after a judge has said they’re free to go so that the agency has time to come pick them up).

“All the research indicated we needed a smaller jail, and we needed to operate in a more therapeutic way,” said Banks, referring to a report commissioned by the MacArthur Foundation, which recommends reducing the jail population. “I know for a fact that would not be a model that the current warden who is running the jail or Sheriff Gautreaux can actually execute.”

Lamar Johnson, right, with his mother Linda Franks and brothers. (Photo courtesy of Linda Franks)

The gulf between the power Gautreaux has over parish residents’ lives and the amount of power that they in turn believe they have over his continued employment there frustrates Anderson enormously. “One of the things that I’m constantly in the business of doing is reminding people that you have to have skin in the game.” It’s difficult to convince people, though, when Gautreaux so resoundingly trounced his two opponents in 2019, and no one is yet running a robust campaign to defeat him with the primary just two months away. “If we don’t see a change, these may be some of the most historically low turnouts we’ve ever seen,” Anderson said. Still, “groups like ours will keep reminding people: there is a cost to not paying attention,” she said. 

For Linda Franks, a big part of the fight has been striving to make sure that the broader community understands the horrors of the jail as viscerally she and others who have lost loved ones inside do. She talks to her coworkers and clients at her salon about her work; the EBRPP Reform Coalition tries to do a press conference every time there’s a fresh death. But she recognizes that it’s an uphill battle.

Just last week, on August 10, a local news site reported that a 25-year-old man named Kiyle Maxwell killed himself in police custody while waiting to be transferred to EBR Parish Prison. 

“He didn’t even make it to the jail,” Anderson said.

Correction: A previous article misstated the city affiliation of organizers with the group Voice of the Experienced

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What Off Year? Hundreds of Local Elections Will Define Criminal Justice Policy in 2023 https://boltsmag.org/2023-criminal-justice-elections/ Wed, 14 Dec 2022 16:46:39 +0000 https://boltsmag.org/?p=4198 In 2022, voters largely defied expectations of a backlash against criminal justice reform. Progressives lost a figurehead as San Francisco recalled its district attorney but also added to the ranks... Read More

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In 2022, voters largely defied expectations of a backlash against criminal justice reform. Progressives lost a figurehead as San Francisco recalled its district attorney but also added to the ranks of officials intent on reducing incarceration and abandoning the punitive status quo on criminal justice—from John Fetterman in Pennsylvania to Pam Price in California and Mary Moriarty in Minnesota. Now those debates will continue right into 2023, bringing in voters who didn’t get to weigh in this year. 

Many states hold their local elections on odd-numbered years—a schedule that depresses turnout and that some places are fighting to change. That means that, if you’re interested in the shape of your criminal legal system, critical storylines are already taking shape: These local and state offices enjoy the brunt of the discretion to shape incarceration and policing. DAs and sheriffs, in particular, decide which cases to prosecute and with what severity, exercise nearly unfettered control over jail conditions, and choose how they partner with federal immigration enforcement.

There are nearly 500 elections for prosecutors and sheriffs scheduled for 2023, a Bolts analysis finds—and the first filing deadlines are coming up in just weeks. 

These elections are largely concentrated in Louisiana, Mississippi, New York, Pennsylvania, and Virginia, with just a few sprinkled in Florida, New Jersey, and Washington State. (The full list is available here.)

Other local offices that shape criminal punishment and policing are also on the ballot next year, including three governorships, at least two supreme court justices in Pennsylvania and Wisconsin, and hundreds of state lawmakers, local judges, and mayors.

Local elections are often very late to take shape, so in most cases the field remains undefined. At this time, the likeliest elections to draw the stark contrasts we have seen in recent cycles—with candidates disagreeing on whether to intentionally aim to reduce incarceration, or what goes into advancing public safety—include prosecutor races in New York City and upstate New York, Pittsburgh and the Philly suburbs, and Northern Virginia, as well as mayoral races in Chicago, Philadelphia, Denver, and across Texas. Sheriff races across Louisiana, Mississippi, and Virginia may draw some scrutiny to immigration and detention conditions.

Bolts will follow these races throughout the year. Today, I am kicking off our coverage by laying out six big questions that will define the cycle: 

1. Can reform-minded prosecutor candidates hold their ground in Virginia, and make inroads elsewhere?

The last time the counties that are electing their prosecutors in 2023 voted for these same officials, in 2019, the results made for a striking split screen. Virginia saw one of the widest set of wins to date for candidates who campaigned on reducing incarceration. After winning  in a string of populous suburban counties,  they formed a statewide coalition called Virginia Progressive Prosecutors for Justice—at the time an unprecedented step—that advocating for lawmakers to abolish the death penalty and mandatory minimums, among other reforms. But their positions drew heavy heat from the right, including judicial pushback and failed recalls as well as criticism from the left over false promises. 

Now, those first-term incumbents are up for election again. They include Arlington’s Parisa Dehghani-Tafti and Fairfax’s Steve Descano, both in Northern Virginia, who drew attention in 2019 for ousting a pair of incumbents in Democratic primaries, as well as Albemarle’s James Hingeley, Loudoun’s Buta Biberaj, and Prince William’s Amy Ashworth. Several of these incumbents are now facing challengers, intra-party strife, or conservative anger, and the results of the 2023 cycle will determine the political strength of the state’s reform prosecutor coalition  going forward.

In New York and Pennsylvania, though, the 2019 DA elections saw advocates of criminal justice reform largely stagnate due to the sky-high number of uncontested elections and some high-profile losses. 

Pennsylvania’s marquee election in 2023 is likely to be the DA race in Allegheny County (Pittsburgh), where longtime Democratic DA Stephen Zappala is a vocal critic of criminal justice reforms amid significant racial disparities in his office. In 2019, Zappala beat multiple progressive challengers, though progressive organizers have made major progress in Pittsburgh in the intervening years, including winning a ballot measure meant to curtail solitary confinement and electing decarceral judges in 2021. 

Other DA races in Pennsylvania include counties like Cumberland and Lancaster that took a distinctly punitive approach to the opioid crisis, and populous Philly suburbs like Chester, Delaware, and Montgomery. Philadelphia’s reform DA Larry Krasner is not up after cruising to re-election in 2021; he has remained relatively isolated so far among DAs in the state, a far cry from the dynamic in Virginia, and 2023 will be the next test of whether his allies can change that.

In New York, where most prosecutors have been relentlessly critical of a landmark package of pretrial reforms, at least two former presidents of the state’s DA association are up for re-election this year—in Monroe County (Rochester) and Onondaga County (Syracuse). Another DA who has battled against state Democrats’ bail reform, William Grady of Dutchess County (Poughkeepsie), has said he is retiring after 40 years as DA.

Bronx DA Darcel Clark has drawn a reform challenger who says she is running to “end mass incarceration” four years after securing re-election unopposed. Also on the 2023 calendar: Queens, the site of the extraordinarily tight 2019 race that saw Melinda Katz become DA after defeating socialist organizer Tiffany Cabán.

In Mississippi, I have my eyes on the Fifth District, which covers seven counties in the central part of the state: DA Doug Evans drew national opprobrium and condemnation from the U.S. Supreme court for his decadeslong effort to prosecute Curtis Flowers six times for the same crime—a crusade exposed in the podcast “In the Dark.” Even with that exceptional spotlight, Evans ran unopposed in 2019 and remains in office, with little accountability, today. 

2. Will sheriffs and jailers face accountability?

The 2022 midterms showcased once again that, with some exceptions, sheriffs tend to secure re-election even when they link up in far-right networks, signal their eagerness to disrupt the federal government, or prepare to disrupt local elections. Next year will bring a different cast of characters to the forefront. There’s Sheriff Adam Fortney of Snohomish County, Washington, in the Seattle suburbs, who faced a recall effort in 2020 for quickly disregarding statewide COVID rules even while ramping up other arrests.

There’s Sheriff Sid Gautreaux, in East Baton Rouge, Louisiana’s most populous parish, who runs a jail with infamously dangerous conditions. Or there’s Sheriff Mike Chapman in Loudoun County, Virginia, who has drawn scrutiny for accepting campaign donations from private contractors that work with his office, a common practice among jailors. The vast majority of sheriffs in Louisiana and Virginia will be elected in 2023, creating a window for local jails to draw more public attention.

Note that Pennsylvania sheriffs have far more limited powers than elsewhere as they typically do not run local jails, which are managed directly or indirectly by other local offices, many of which are on the ballot in 2023. A string of deaths at the Allegheny County jail, located in Pittsburgh, and complaints that the lockup is violating a voter-approved ban on solitary confinement are now issues set to define the race for the county’s next chief executive.

3. Will immigrants’ rights advocates continue to curtail local collaboration with ICE?

When Donald Trump was president, voters in Democratic-leaning counties ousted public officials who cooperated with Immigration and Customs Enforcement. But ICE forged new relationships with Southern jails to make up for it, and sheriffs rushed to profit off renting vacant jail space for ICE to detain migrants and asylum-seekers. In 2023, nearly all sheriffs will be on the ballot in Louisiana and Mississippi, states that  proved to be difficult terrain for critics of those ICE arrangements four years ago.

Still, immigrants’ rights advocates have opportunities in some blue-leaning areas to build on their 2022 successes and elect new officials who oppose collaborating with ICE.

Just four counties with 2023 sheriff races participate in ICE’s 287(g) program, which deputizes local law enforcement to act like federal immigration agents in jails. Three of them voted for Joe Biden over Trump: Duval County (Jacksonville), Florida; East Baton Rouge Parish (Baton Rouge), Louisiana; and Rensselaer County (Troy), New York. (The fourth, which voted for Trump, is Culpeper County, Virginia.)

Still, recent history suggests that efforts to curtail cooperation with ICE will be tricky in all three blue-leaning counties. Republicans defended the sheriff’s office in Duval in a special election just last month. In East Baton Rouge, the GOP sheriff easily prevailed in 2019 with endorsements from prominent Democratic officials. And in Rensselaer, the only county in all of New York State that’s part of the 287(g) program, the Republican incumbent ran entirely unopposed four years ago.

4. Will there be more interest in city halls to reform policing?

Since the Black Lives Matter protests of 2020, the most ambitious electoral platforms for changing or reducing policing have emerged at the municipal level—but so has the most stringent backlash. In the absence of federal elections, 2023 may be the year those dynamics again take front stage with many of the nation’s biggest cities set to hold mayoral races, including five cities of more than one million: Chicago, Dallas, Houston, Philadelphia, and San Antonio. Many others will vote for their city councils.

These elections will feature incumbents who have tended to clash with protesters, such as Chicago’s incumbent mayor Lori Lightfoot; Democrats with a tough-on-crime reputation, such as John Whitmire, a Texas state senator running for Houston mayor; and candidates who have championed shifting resources from policing to other social services, such as Leslie Herod, who is running for mayor in Denver, or Cabán and other left-leaning council members who are up for re-election in New York. Watch out for whatever contrasts emerge around police budgets and ordinances that criminalize homelessness.

5. Will reform initiatives survive state elections in the South? 

In 2023, the elections that may change who runs state governments will largely be concentrated in the South, and the GOP has room to extend their power in what’s already their strongest region. 

In Virginia, the GOP governor and attorney general’s tough-on-crime posturing have run into the Democratic-run state Senate, which has rejected the former’s appointments to the parole board and killed the latter’s proposal to crack down against the state’s reform prosecutors. Should they flip the Senate in 2023, the GOP would gain full control of the state government and could press forward on those matters. 

In Kentucky, Democratic Governor Andy Beshear will seek a second term in difficult conditions given the state’s conservative bent. On his third day in office, he issued an executive order enabling hundreds of thousands of Kentuckians with felony convictions to vote; his re-election bid may decide the fate of his initiative since the GOP has reversed a similar one in the past.

The GOP also hopes to gain full control of Louisiana’s government; Democratic Governor John Bel Edwards cannot run for a third term, in a state where a short-lived bipartisan agreement to lower incarceration shattered within years of him signing a landmark reform package in 2017. 

6. How will judicial elections shape criminal punishment in Pennsylvania and Wisconsin?

In 2021, Pittsburgh and Philadelphia progressives made the unusual choice of organizing around local judicial races, and it paid off with a wave of wins by candidates who ran on curtailing bail and reducing incarceration. Next year, there will be more elections for the local bench in both places. 

Also in 2023, all Pennsylvanians will get to vote in a supreme court election to replace Max Baer, a Democratic justice who died this fall. The court, which is sure to retain a Democratic majority, has vacillated on criminal justice matters. One of Baer’s final opinions came in a September ruling that brought relief to defendants with mental illness, though the court has also disappointed reformers by rejecting cases challenging the death penalty or felony murder statutes. 

While Pennsylvania’s election won’t be resolved until November, one of the year’s most important races looms in April: A state supreme court seat on the ballot in Wisconsin may hand the majority to the liberal wing. Such a flip would affect criminal justice cases that have long divided Wisconsin justices, but the fate of the state’s 1849 abortion ban also looms large. Wisconsin’s staunchly GOP legislature is locked into place by aggressive gerrymanders; unlike neighboring Michigan, there is no mechanism for citizens to put a popular initiative on the ballot. That leaves state litigation, and April’s judicial election, as a rare path for Wisconsinites to curtail the policing of reproductive rights. 

Support us

Bolts is a non-profit newsroom that relies on donations, and it takes resources to produce this work. If you appreciate our value, become a monthly donor or make a contribution.

The post What Off Year? Hundreds of Local Elections Will Define Criminal Justice Policy in 2023 appeared first on Bolts.

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