Democracy in a Pandemic
Don’t Let Democracy Be The Next Victim
Democracy has to survive a pandemic.
This is what our Constitution guarantees: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude” (15th Amendment); “shall not be denied or abridged by the United States or by any State on account of sex” (19th Amendment); “shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax” (24th Amendment); and “who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age” (26th Amendment).
The legal right to vote is unchanged. But in the era of the coronavirus pandemic, as a practical matter, does this fundamental right survive? You should never be asked to jeopardize your health to exercise your constitutionally guaranteed right to vote. Although that shameful choice still has to be made in too many places around the globe – and is a regrettable part of America’s history – it should not be the case now.
Yet, consider: Because of stay-at-home orders and social distancing, candidates have been campaigning (and raising money) by email, website, Zoom, Eventbrite, Microsoft Teams, YouTube or some other social media medium. But not in person. Both the Democratic and Republican parties held their state conventions and assemblies in April, with voting for their U.S. Senate, and other candidates done remotely. All of this was poorly executed. Up until the day of the conventions, no information was readily accessible on how to participate or watch remotely. Both parties need to be better.
Practically this situation is of little import to Cory Gardner, who as the incumbent faces no serious opposition for his party’s nomination. He is stockpiling money, raising money through outside groups and holding on to his money since he won’t have to spend any in the June 30 Republican primary.
Romanoff’s muted victory
However, the impact of the current pandemic is huge on the Democratic side of the race. Andrew Romanoff swept to an impressive victory in the state convention and assembly. He received 86 percent of the votes, meaning no other candidate will make the ballot via the caucus process. Hickenlooper made the ballot through petitions, as did Michelle Ferrigno Warren. At press time we learned that candidate Lorena Garcia, who was disqualified from the ballot for not meeting the number of qualified petition signatures, may file a lawsuit to challenge that decision. Depending on that outcome, we are now down to three, maybe four, Democratic candidates left standing for the June 30 Democratic primary – from a field of 21.
Romanoff’s victory was a bit muted. With no in-person convention and attendant hoopla, and little press coverage, it went virtually unnoticed. And as we have discussed before, the boots-on-the-ground operation is Romanoff’s response to Hickenlooper’s huge money advantage. Romanoff will be hard-pressed to raise money for TV ads. Hickenlooper, meanwhile, will compete with Gardner, Trump and Biden for control of the airwaves.
Stay-at-home orders have impacted other elections around the country. Some officials will not allow mail elections and that has impacted turnout. President Trump has expressed firm opposition to mail-in voting, citing claims of heightened election fraud, to the chagrin of critics and civil libertarians who say he is really trying to suppress opposition votes.
Trump has actually admitted that expanding voting by mail is generally not good for Republican candidates, so he will limit it as he can. Ironically, he personally requested a mail ballot while calling them “horrible and corrupt.” I know what you are thinking. He has even gone so far as to threaten not to fund the U.S. Postal Service to prevent an all-mail vote. The Republican-controlled U.S. Senate is supporting that effort – for now. Some Republican governors, and Republican-controlled legislatures, are in alignment with this effort. Letting the U.S. Postal Service fail would jeopardize the fairness of our elections.
Possibly worse, Donald Trump has taken to Twitter to encourage his supporters to intentionally place their health at risk by defying state-level stay home orders, and his own vague directives, by telling them to “LIBERATE MICHIGAN,” “LIBERATE MINNESOTA,” and “LIBERATE VIRGINIA.”
At a time of global crisis, why should anyone in any leadership position advocate limiting someone’s right to vote? Why would any sane person want you to unnecessarily risk your life, to vote? That may be part of our history, but – again – cannot be acceptable in our present.
Here comes Biden
Trump’s motivations become clearer as you watch the political dominoes fall into place. Bernie Sanders’ withdrawal from the race, in part due to having to campaign during a pandemic and without physically being in contact with voters, leaves a clear path for Joe Biden to the Democratic nomination. Sanders endorsed Biden. Former President Barack Obama endorsed Biden. But that may not be enough. Biden’s real test will be, can he win over, motivate and activate the Sanders faithful?
Four years ago, Hillary Clinton could not and lost to Trump. It remains to be seen if Biden can. Biden’s nomination clarifies the contrast in the contestants and allows positions to be hardened. Some, in a surprising fashion.
That takes us to the Lincoln Project, established by former Republican operatives and party officers including George Conway, the husband to Trump counselor Kellyanne Conway. In April, the group endorsed Biden. This is what they said:
“The United States is [currently] beset with a president who was unprepared for the burden of the presidency and who has made plain his deficits in leadership, management, intelligence and morality. We’ve never backed a Democrat for president. But Trump must be defeated.”
Wow. In the time of Trump, many Republicans have become unaffiliated or independent. A few have registered as Democrats. Even fewer have remained Republicans and have actively called out Trump for his behavior, comments and policies. The late Sen. John McCain was one. Sen. Mitt Romney was another during the impeachment vote. And now the Lincoln Project – an organization that formed to elect Republicans.
Maybe that is why we see such a commitment to suppressing the vote.
Envy of the world
In contrast to the national dialog, Colorado has a rich history of all-mail elections that is the envy of the country, if not the world. In our recent presidential primary election, Colorado had an historic turnout of young voters. Civic engagement by our younger voters is something that we should be encouraging and rewarding – not suppressing by forcing them to choose life or voting.
In direct opposition to Donald Trump, Colorado Secretary of State Jena Griswold is advocating and pushing for a national vote by mail. Based on Colorado’s model, Griswold has been working with Congress to draft national mail ballot legislation for the November national elections. Her focus, and that of many, is to promote safety and democracy by ensuring a right to vote.
Griswold is also assuring Coloradans that they will be able to vote safely by mail. With June primary elections and November general elections on the horizon, she is doing the right thing.
The Secretary of State’s office has a website – govotecolorado.com – designed so voters can register, as well as update their voter information. Check it out and make sure you are ready. We all need to do the right thing: vote and ensure that every qualified person in this nation has that right as well.
Penfield W. Tate III is an attorney in Denver. He represented Park Hill in the Colorado House of Representatives from 1997 to 2000, and in the State Senate from 2001 to February 2003. A former candidate for mayor of Denver, Tate’s opinion column returned to these pages in December. He lives in Park Hill.