Corrected GRNS Newsletter: And on the 7th day, we can rest!

A mere six days to go. If you have not yet seen Vice President Harris give her speech on the Elipse last night, you really should take half an hour out of your day to watch it. The speech manages to go hard after TFG while at the same time providing a warm and welcoming face with an insistance in every move that Kamala Harris is in this race, not for herself, but for us. The Milwaukee Journal Sentinel has the video.

The last Marquette Law School Poll of this election is out today. It streamed live at 12:15pm and will be up on its website sometime this afternoon. You MAY be able to watch Charles Franklin's presentation for yourself, even though the live stream is over. (If it's not available, watch the latest Randy Rainbow song MAGADU instead.)

The poll's sample is 5% more Republican than it had been earlier in the year. (Ugh!) Franklin defends the ratio by saying that's he's just reporting what the polled sample of random registered voters is telling us. The margin of error is 4.4%. Harris has a small 1% lead in the head-to-head match-up and 2% when 3rd party candidates are included. Franklin says that the winner of the state is anyone's guess. The senate race is also quite tight.

Other reputable polls show a wider win for Harris: the Cooperative Election Study shows Harris with a 50% - 46% lead over Trump (sample size 1542 in Wisconsin); the CNN/SRSS poll shows Harris with 51% to 45% for Trump. In both of these polls, our wonder woman is over 50%! Which is why it's better to be us than them. Franklin cautions that polls don't predict and don't vote. As always, we are within the margin of effort.

So DO AT LEAST ONE THING in the remaining six days. Please get in touch with family and friends TODAY to make sure they have a plan to vote, early if possible. Early voting continues in most places until close-of-business on Friday, November 1. In Milwaukee, early voting continues on Saturday, November 2. You can find precise information for North Shore suburbs and many communities in Ozaukee County on our website. Information about early voting locations in Milwaukee is here.

Predicting electoral outcomes is a tricky business, apparently. (As if we didn't already know that.) Allan Lichtman, who does not poll but who uses a schema of 13 "keys" to analyze elections and who has correctly predicted every election save one since 1982, calls it for Harris. Dana Taylor, on The Excerpt podcast, asks Professor Lichtman "Who do you think will win in November?" Lichtman answers: "It's not who I think. It's who my system, the 13 keys to the White House, predicts, and according to the keys to the White House, we are going to have a new and pathbreaking American president. Kamala Harris will become the first woman President of the United States, at least cracking, if not shattering the glass ceiling, and she'll become the first American president of mixed African and East Asian descent, foreshadowing where our country is going. We are rapidly becoming a majority-minority country. Old white guys like me are on the decline."

But many people, my husband included, experience high levels of anxiety about what comes after a close election that Harris and Walz win. As a result, the procedures for counting and certifying the votes become very important. They came close to failing us in 2020. So I want to use most of the rest of this newsletter to provide a detailed account of the Electoral Count Reform Act (ECRA) of 2022. According to Cass Sunstein in the Wall Street Journal (unfortunately behind a paywall), "The Electoral Count Reform Act of 2022, which amended the Electoral Count Act of 1887, greatly reduces the risk of uncertainty and chaos after Americans vote." You can read an excerpt of Sunstein's article on the Election Law Blog.

Here's the detailed account that should lower anxiety about what those who would overthrow legitimate election results will face this time around. In 2020, we know that the Trump camp engaged in several attempts to subvert the election of President Biden and Vice President Harris. The efforts included law suits (still available to aggrieved parties in 2024); failed attempts not to certify election results at both local and state levels; failed attempts to persuade legislatures to certify a "corrected set of facts;" sending the votes of fraudulent electors to Congress; enlisting representatives and senators to object to the certified election results of several states; and of course an insurrection when the other efforts all failed. Many of those avenues have been closed by the ECRA. Here are some of its key provisions:

Requires that states appoint electors on Election Day in accordance with pre-existing law and eliminates the concept of “failed” elections. The language of the Electoral Count Act is vague as to what it means for an election to “fail.” The ECRA eliminates the Electoral Count Act's provision about failed elections entirely and instead provides that states must appoint electors on a designated date (the same date as previous law), except that a state that holds a popular election may “modif[y] the period of voting as necessitated by force majeure events that are extraordinary and catastrophic, as provided under laws of the state” enacted prior to Election Day. In doing so, the legislation eliminates the “failed election” loophole and the potential for partisan actors to exploit it.

Importantly, because it allows only a modified (i.e., extended) voting period, and only when “necessitated” by “force majeure” events (such as a natural disaster) that qualify as “extraordinary and catastrophic,” the ECRA does not allow state legislatures to step in to appoint electors themselves after Election Day. Nor does it allow claims of fraud to trigger the exception to appointing electors on Election Day.
Adds clarity to the process by which state officials ascertain and certify their election results to Congress. The ECRA makes clear that the executive of each state is required to certify the state’s appointment of electors (in essence, its election results) to Congress no later than six days before the date on which the Electoral College meets, and that he or she must do so “under and in pursuance” of state law enacted prior to Election Day. The ECRA eliminates the ECA's "failed election" provision entirely and instead provides that states must appoint electors on a designated date (the same date as previous law), except that a state that holds a popular election may “modif[y] the period of voting as necessitated by force majeure events that are extraordinary and catastrophic, as provided under laws of the state” enacted prior to Election Day. In doing so, the legislation eliminates the “failed election” loophole and the potential for partisan actors to exploit it.

Importantly, because it allows only a modified (i.e., extended) voting period, and only when “necessitated” by “force majeure” events (such as a natural disaster) that qualify as “extraordinary and catastrophic,” the ECRA does not allow state legislatures to step in to appoint electors themselves after Election Day. Nor does it allow claims of fraud to trigger the exception to appointing electors on Election Day.
Gives federal courts a clear and expedited role in ensuring that states send lawful certifications of election results to Congress. The ECRA incorporates a provision of federal law that provides for cases to be heard by a three-judge court. It also allows for direct appeal to the Supreme Court (via a petition for writ of certiorari) and requires that if the Supreme Court hears the case it do so “on an expedited basis, so that a final order of the court on remand of the Supreme Court may occur on or before the day before the time fixed for the meeting of electors.”
Makes it absolutely clear that the Vice President’s role in the electoral vote-counting process is ministerial. The ECRA specifies that the vice president’s role in the process of counting electoral votes is limited to ministerial duties and that he or she has “no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper list of electors, the validity of electors, or the votes of electors.”
Makes it more difficult for members of Congress to make frivolous objections to state election results. Previous law allowed for objections to a state’s electoral votes as long as those objections were made in writing and signed by one senator and one representative. The ECRA raises the threshold required to make a cognizable objection to one-fifth of each chamber, while retaining the requirement that each chamber must sustain objections by a majority vote. This change also narrows the grounds for objecting to the Electoral College votes. Only two types of objections are permissable. 1) The electors were not lawfully appointed. 2) The vote of one or more electors has not been "regularly given," generally a narrow set of legal deficiencies such as an elector voting for an ineligible candidate or voting on the wrong day, or an elector voting as the result of bribery or other improper influence.
Clarifies how a majority of appointed electors will be calculated. In cases in which Congress rejects the appointment of electors as unlawful, the “whole number of electors appointed”—the denominator in the calculation—will be reduced.

Of course, the ECRA cannot foreclose another attack at the US Capitol. But Trump is no longer president and lacks the power to summon a mob to DC without those who are in charge of security for January 6, 2025, as well as the period between that day and the inauguration, taking the proper precautions. President Biden will be in charge and we can count of him and his team to make sure that Congress is secure.

We are in the final days of this election. So I have added a special section on signing up to canvass in various area. The walk lists now contain the people we need to turn out to vote. The reports about conversations at the doors since the WisDems started the GOTV period have been pleasant and then some. Participating in the ground game is now the most important action you can take. And if you can't canvass yourself, recruit a friend who can and drive them through their list. Every one of us must dig deep and do the utmost that we can. I'm closing with an uplifting video from Amplify to spur you on.

Key to Winning: Get Out the Vote

Canvassing

North Shore
    • Brown Deer
    • Fox Point
    • Glendale
    • Shorewood
    • Whitefish Bay
Ozaukee County
    • Grafton & Cedarburg
    • Mequon
    • Port Washington
Washington & Waukesha Counties
    • Germantown
    • Menomonee Falls

Canvassing on weekdays
    • Glendale, 2:00pm and 4:00pm
    • Whitefish Bay, 4:30pm

Phonebanking
    • Fox Point, Thursday October 31, 7:00 - 8:30pm.
    • Wauwatosa, Thursday October 31, 4:30 - 7:00pm.

EVENTS

Wednesday, October 30

ALL IN FOR WISCONSIN, 7:00pm
Zoom
Join us for an invigorating and informative Senior Care Rally live on Zoom. Guest speakers include: John Nichols, writer for The Nation Magazine and Capitol Times and lifelong Wisconsinite; Jim Hightower, former Texas Secretary of Agriculture and the voice of the Hightower Lowdown; and Ai-jen Poo, a nationally recognized leader on expanding quality care and raising the wages for caregivers. The population of Wisconsinites who are 75 and older is growing quickly and is projected to reach 574,000 by 2030. Many families are already feeling stretched to the limit between caring for their children and caring for older parents. We need more high quality care options, not less. Register.

Thursday, October 31

Invest in Wisconsin's Infrastructure! Aviation & Transit, 12:00 - 1:30pm
online
For the second time, the League of Women Voters of Wisconsin (LWVWI) is teaming up with the American Society of Civil Engineers-Wisconsin Section (ASCE-WI) to bring the findings of the ASCE-WI 2024 Report Card for Wisconsin's Infrastructure to you. This webinar series, which kicked off on October 17, will bring insights into Wisconsin’s 17 infrastructure areas straight from the report authors. The Wisconsin aviation network includes 97 airports, 87 of which are part of the National Plan of Integrated Airport Systems. Transit provides mobility to work, school and recreation for the one-third of Wisconsin residents who do not drive or choose to drive less. Join the LWVWI and ASCE-WI webinar to learn how we can raise the grades for Aviation (C+) & Transit (D+). Register (required).

Tuesday, November 5

ELECTION DAY, 7:00am - 8:00pm
Your polling location
Find your polling place and see a sample ballot at MyVote.WI.gov. Your vote is your voice and your voice is your power. Use it.

Election Night Watch Party, 7:30 - 10:30pm
Peck Welcome Center - Milwaukee County Zoo, 10001 W Bluemound Rd, Milwaukee
Join us for a very special Election Night Watch Party, sponsored by Democratic Party of Milwaukee County! It will be a night to celebrate all of the hard work done by wonderful volunteers. Special guests TBA. Parking is free.

Saturday, November 9

Stand for Peace, 12:00 - 1:00pm
National and 50th Street
Every Saturday, Stand for Peace advocates gather on a specified street corner with signs to advocate for peace.

Monday, November 11

Armistice Day Observance, 17:00pm
Milwaukee City Hall Rotunda, 200 E. Wells St, Milwaukee
Sponsored by Veterans for Peace and a coalition of peace and justice groups. Our 18th annual Armistice Day celebrates peace, not war and militarism. Speakers: Susan Schnall (President, Veterans for Peace) & Reggie Jackson (award-winning journalist, Navy veteran, nationally and internationally recognized race relations expert) - Music by David HB Drake & Richard Pinney (starts at 6:30pm). For more information: Bill Christofferson, 414-587-6577. Sign up.

Thursday, November 14

Invest in Wisconsin's Infrastructure! Inland Waterways & Ports, 12:00 - 1:30pm
online
For the third time, the League of Women Voters of Wisconsin (LWVWI) is teaming up with the American Society of Civil Engineers-Wisconsin Section (ASCE-WI) to bring the findings of the ASCE-WI 2024 Report Card for Wisconsin's Infrastructure to you. This webinar series, which kicked off on October 17, will bring insights into Wisconsin’s 17 infrastructure areas straight from the report authors. Wisconsin’s inland waterways and ports represent a huge channel for the state’s economy, supporting thousands of jobs and over a billion dollars of economic activity. Structurally, they consist of 213 miles of navigation channels and 20 harbors, including eight major ports. What does it take to maintain this infrastructure? How can you help make sure our state’s essential connections, both physical and symbolic, are strong and secure? Register (required).

SAVE THE DATE

Wednesday, November 20

Ozaukee Dems Monthly Meeting, 7:00 - 8:00pm
1930 Wisconsin Avenue, Grafton
Join us at our monthly general meeting, the 3rd Wed of each month at 7 pm at our Grafton Office. Get caught up on the latest local politics while helping us elect people to office. Thanks to Fair Maps, we have an opportunity to elect people to the 22, 23, and 59 Assembly Districts as well as the 8th and 20th Senate Districts and 6th CD. Zoom links for the meeting are sent to paid DPOC members.

Thursday, December 12

Invest in Wisconsin's Infrastructure! Dams & Stormwater, 12:00 - 1:30pm
online
The management of our state’s natural waters through dams and stormwater programs is an undertaking that both protects communities and preserves those waterways. These processes provide recreational areas, wildlife habitats, hydroelectric power, agricultural water sources, and flood control. Join the LWVWI and ASCE-WI on December 12, 2024 from 12:00 to 1:30 pm for the Dams (C+) and Stormwater (C) webinar. Register (required).