courthousenews--2020-10-30--Texas County Sued Over Shutdown Order as Virus Cases Surge

( CN ) — A group of restaurants in the Texas border city of El Paso sued county officials on Friday after being ordered to close their doors to in-person dining because of a surge in coronavirus cases in the region .
The lawsuit comes just a day after El Paso County Judge Ricardo Samaniego – the county ’ s top executive , not a judicial officer – issued a two-week “ stay at home ” order that shut down or scaled back many nonessential businesses .
Under the order , restaurants are barred from allowing customers inside but can @ @ @ @ @ @ @ curbside pickup .
In Friday ’ s complaint , the restaurants and service industry-related companies claim the county judge overstepped his authority by restricting local businesses beyond the limits outlined in Governor Greg Abbott ’ s latest statewide order , which reopened bars and let most businesses expand their capacity to 75 % .
The El Paso lawsuit asks a state district court to throw out the new local restrictions and to block the county from enforcing them .
“ We may have different opinions about the best course of action to be @ @ @ @ @ @ @ we may not agree with the actions or lack of actions taken by those in authority over us , ” the complaint states .
“ That , however , does not give any of us , including the county judge , the right to take the law into his own hands.
” The lawsuit goes on to cite the internment of Japanese Americans during World War II and the suspension of habeas corpus rights during the Civil War as examples of times in the nation ’ s history that showed the “ error @ @ @ @ @ @ @ ignore its own laws out of a sense of necessity.
” A dramatic surge in virus cases in El Paso has overwhelmed the region ’ s hospitals in recent days , leading to some patients being airlifted to other hospitals and an influx of state and federal medical resources .
The U.S. Department of Health and Human Services said this week it was deploying about 95 medical workers trained in disaster response and critical care to the region to help ease the strain on local hospitals .
Still , the shutdown order quickly @ @ @ @ @ @ @ at both the local and state levels .
Ken Paxton , the state ’ s Republican attorney general , quickly blasted the order as a “ direct violation ” of the governor ’ s rules and later echoed that point in a letter to the city ’ s mayor .
El Paso Mayor Dee Margo has pushed back against the new restrictions , claiming he was never consulted about the judge ’ s move .
The city ’ s police department has said it will not enforce the restrictions , according to the @ @ @ @ @ @ @ out to him to call me , and for whatever reason , he did not , ” Margo said during a Friday afternoon news conference .
The mayor outlined his view that the city could “ control the spike ” in virus cases through personal actions like hand washing , wearing a mask , social distancing and staying home when possible .
“ I do not believe we will control the spread by shutting down our economy for any length of time , ” he said .
Despite the pushback , Samaniego has @ @ @ @ @ @ @ and that any businesses that violate it could be penalized .
In a statement , the judge said he would share a “ legal opinion ” later on Friday that “ sets forth the legal basis ” for his authority to issue the order .
“ Only a court can decide if my order is invalid and I firmly believe that a court will not do so , ” he said .

A group of restaurants in the Texas border city of El Paso sued county officials on Friday after being ordered to close their doors to in-person dining because of a surge in coronavirus cases in the region.
(CN) — A group of restaurants in the Texas border city of El Paso sued county officials on Friday after being ordered to close their doors to in-person dining because of a surge in coronavirus cases in the region.
The lawsuit comes just a day after El Paso County Judge Ricardo Samaniego – the county’s top executive, not a judicial officer – issued a two-week “stay at home” order that shut down or scaled back many nonessential businesses. Under the order, restaurants are barred from allowing customers inside but can still serve food for delivery or for curbside pickup.
In Friday’s complaint, the restaurants and service industry-related companies claim the county judge overstepped his authority by restricting local businesses beyond the limits outlined in Governor Greg Abbott’s latest statewide order, which reopened bars and let most businesses expand their capacity to 75%.
The El Paso lawsuit asks a state district court to throw out the new local restrictions and to block the county from enforcing them.
“We may have different opinions about the best course of action to be taken during the Covid-19 pandemic, and we may not agree with the actions or lack of actions taken by those in authority over us,” the complaint states. “That, however, does not give any of us, including the county judge, the right to take the law into his own hands.”
The lawsuit goes on to cite the internment of Japanese Americans during World War II and the suspension of habeas corpus rights during the Civil War as examples of times in the nation’s history that showed the “error” of the government seeking to “ignore its own laws out of a sense of necessity.”
A dramatic surge in virus cases in El Paso has overwhelmed the region’s hospitals in recent days, leading to some patients being airlifted to other hospitals and an influx of state and federal medical resources. The U.S. Department of Health and Human Services said this week it was deploying about 95 medical workers trained in disaster response and critical care to the region to help ease the strain on local hospitals.
Still, the shutdown order quickly escalated into a political and power-struggle feud at both the local and state levels.
Ken Paxton, the state’s Republican attorney general, quickly blasted the order as a “direct violation” of the governor’s rules and later echoed that point in a letter to the city’s mayor. On Friday evening, he announced he would join the lawsuit.
El Paso Mayor Dee Margo has pushed back against the new restrictions, claiming he was never consulted about the judge’s move. The city’s police department has said it will not enforce the restrictions, according to the El Paso Times.
“I reached out to him to call me, and for whatever reason, he did not,” Margo said during a Friday afternoon news conference.
The mayor outlined his view that the city could “control the spike” in virus cases through personal actions like hand washing, wearing a mask, social distancing and staying home when possible.
“I do not believe we will control the spread by shutting down our economy for any length of time,” he said.
Despite the pushback, Samaniego has remained firm that his order is valid and that any businesses that violate it could be penalized. In a statement, the judge said he would share a “legal opinion” later on Friday that “sets forth the legal basis” for his authority to issue the order.
“Only a court can decide if my order is invalid and I firmly believe that a court will not do so,” he said.


courthousenews--2020-10-31--Biden Makes Last-Minute Case to Wisconsin Voters in Milwaukee

MILWAUKEE ( CN ) — Democratic presidential candidate Joe Biden spoke before a small crowd of supporters at a Milwaukee airport hangar Friday evening , blasting the fatal flaws of President Donald Trump ’ s White House tenure and promising an optimistic return to America ’ s true character as the 2020 campaign enters the home stretch .
Friday was the first time Biden campaigned in the Badger State in person since September when he visited a foundry in Manitowoc , a town 40 miles south of Green Bay in a politically purple region of northeastern Wisconsin both Biden and @ @ @ @ @ @ @ state ’ s modest but critical 10 electoral votes .
Biden ’ s wife , Jill , and his running mate Kamala Harris both came to Wisconsin in September to make the case for his presidency .
Both also recently did virtual events in conjunction with top Badger State Democrats , between them getting support from the likes of U.S .
Senator Tammy Baldwin , Congresswoman Gwen Moore and Milwaukee Mayor Tom Barrett .
Trump , for his part , rallied supporters in Michigan as well as in Green Bay earlier Friday , @ @ @ @ @ @ @ rally his campaign held in the western Wisconsin village of West Salem on Tuesday .
Both candidates touched down in Wisconsin and Minnesota on Friday , with Trump taking his detour to Michigan while Biden hit a drive-in event in Iowa , last-ditch barnstorm tactics highlighting the pivotal nature of the Midwest proving grounds .
There is disagreement among recent polls over Biden ’ s chances in Wisconsin , including between two released on Wednesday .
An ABC News/Washington Post poll gave Biden a whopping 57 % -40 % lead among likely voters @ @ @ @ @ @ @ a previous poll the same outlets put out in September .
But a Marquette University Law School poll released later that same day showed Biden with a much thinner 48 % -43 % advantage among likely voters in the state , a difference which barely exceeded the poll ’ s roughly 4.5-margin of error and reflects a largely dead heat between the two candidates Marquette polls have shown all year .
The Marquette poll from Wednesday also reported that 95 % of likely Biden voters and 93 % of likely Trump voters have @ @ @ @ @ @ @ candidate .
The Wisconsin Elections Commission reported Friday that more than 1.7 million Wisconsinites have already voted absentee , almost 60 % of the state ’ s total 2016 turnout .
It remains to be seen what kind of sway last-minute rallies are going to curry for either candidate with stray voters since so many have already made their decision .
But with Election Day only four days away , Biden ’ s Friday event came at make-or-break time for the former vice president , whose party still harbors serious regrets for ignoring @ @ @ @ @ @ @ which resulted in Trump taking the state by less than 23,000 votes .
Although Biden has visited Wisconsin more than Hillary Clinton did , that ’ s a low bar considering she did not visit the state once on the campaign trail , something Biden acknowledged with regret on Friday .
Trump has been aggressively stumping in Wisconsin as of late , holding three separate rallies in the past week — equal to the number of visits Biden has made to the state all year .
The first of Biden ’ s trips @ @ @ @ @ @ @ period of violent unrest in Kenosha over the shooting of Jacob Blake , a Black man , by a white police officer .
Both Biden and Trump visited Kenosha amid the demonstrations , but their optics and tones could not have been more different .
The president toured scorched businesses and heaped praise on law enforcement for quelling the protests during a roundtable event ; Biden held a town hall focused on hope at a local church after meeting with Blake ’ s family .
A small socially distanced crowd at a private @ @ @ @ @ @ @ International Airport welcomed a masked Biden on Friday , who took the podium after remarks from Moore and two Black Milwaukee natives urging voters to choose to move forward toward a more positive future under a Biden presidency .
The former vice president encouraged the crowd to “ keep our sense of empowerment here , our sense of optimism ” in the face of the ongoing Covid-19 pandemic , which as of Friday had resulted in more than 229,000 deaths in the United States from nearly 9 million confirmed cases .
Biden quickly @ @ @ @ @ @ @ surge , which necessitated the opening of a field hospital just south of Milwaukee for an expected overflow of patients from the state ’ s overwhelmed hospitals .
“ The thing that bothers me the most is that we have a president who gave up , ” on handling the pandemic , Biden said , going on to mock Trump ’ s repeated insistence that America was rounding the corner on Covid-19 and his foolhardy dismissal of mitigation strategies like mask wearing .
“ This isn ’ t a political statement , us @ @ @ @ @ @ @ .
“ For God ’ s sake , it ’ s a patriotic duty , ” which is necessary to save lives .
Biden touched on his economic and tax plans , which he promised would not raise taxes on anyone making less than $ 400,000 annually and would bring an end to an inequitable system where massive corporations do not pay their fair share in taxes .
Of his health care plan , Biden reiterated his goal of expanding and building on the Affordable Care Act , the signature piece of legislation @ @ @ @ @ @ @ man to Barack Obama , which would include a public option while allowing Americans to keep their private insurance should they want to .
“ Donald Trump thinks health care is a privilege , I think it ’ s a right , ” Biden said , promising that health care costs would go down as much as 60 % under his presidency , in part because his plan would allow Medicare to negotiate prices with drug companies .
The Democratic candidate emphasized how Trump ’ s trade policies have devastated struggling Wisconsin dairy @ @ @ @ @ @ @ the coronavirus pandemic , yet he was light on details as to how he would turn around the state ’ s flagship industry leading the nation in farm foreclosures .
In stark contrast to the president , Biden directly addressed the existential crisis of climate change during his roughly 30-minute remarks , saying that “ we have to vote to meet the challenge of the climate crisis ” because “ literally , the planet is at stake.
” An added bonus of seriously tackling climate change , Biden said , would be the @ @ @ @ @ @ @ created through that effort .
Ending his speech on a note of unity and earnest bipartisan cooperation , Biden proclaimed “ I ’ m running as a proud Democrat , but I will be an American president.
” “ Everybody knows who Donald Trump is , ” Biden said .
“ Let ’ s let him know who we are in these last four days .
”

Democratic presidential candidate Joe Biden spoke before a small crowd of supporters at a Milwaukee airport hangar Friday evening, blasting the fatal flaws of President Donald Trump’s White House tenure and promising an optimistic return to America’s true character as the 2020 campaign enters the home stretch.
MILWAUKEE (CN) — Democratic presidential candidate Joe Biden spoke before a small crowd of supporters at a Milwaukee airport hangar Friday evening, blasting the fatal flaws of President Donald Trump’s White House tenure and promising an optimistic return to America’s true character as the 2020 campaign enters the home stretch.
Friday was the first time Biden campaigned in the Badger State in person since September when he visited a foundry in Manitowoc, a town 40 miles south of Green Bay in a politically purple region of northeastern Wisconsin both Biden and Trump covet in their fight for the state’s modest but critical 10 electoral votes.
Biden’s wife, Jill, and his running mate Kamala Harris both came to Wisconsin in September to make the case for his presidency. Both also recently did virtual events in conjunction with top Badger State Democrats, between them getting support from the likes of U.S. Senator Tammy Baldwin, Congresswoman Gwen Moore and Milwaukee Mayor Tom Barrett.
Trump, for his part, rallied supporters in Michigan as well as in Green Bay earlier Friday, which came on the heels of another rally his campaign held in the western Wisconsin village of West Salem on Tuesday.
Both candidates touched down in Wisconsin and Minnesota on Friday, with Trump taking his detour to Michigan while Biden hit a drive-in event in Iowa, last-ditch barnstorm tactics highlighting the pivotal nature of the Midwest proving grounds.
There is disagreement among recent polls over Biden’s chances in Wisconsin, including between two released on Wednesday.
An ABC News/Washington Post poll gave Biden a whopping 57%-40% lead among likely voters in Wisconsin, a slight uptick from a previous poll the same outlets put out in September.
But a Marquette University Law School poll released later that same day showed Biden with a much thinner 48%-43% advantage among likely voters in the state, a difference which barely exceeded the poll’s roughly 4.5-margin of error and reflects a largely dead heat between the two candidates Marquette polls have shown all year.
The Marquette poll from Wednesday also reported that 95% of likely Biden voters and 93% of likely Trump voters have already made up their mind on their candidate.
The Wisconsin Elections Commission reported Friday that more than 1.7 million Wisconsinites have already voted absentee, almost 60% of the state’s total 2016 turnout. It remains to be seen what kind of sway last-minute rallies are going to curry for either candidate with stray voters since so many have already made their decision.
But with Election Day only four days away, Biden’s Friday event came at make-or-break time for the former vice president, whose party still harbors serious regrets for ignoring Wisconsin during the 2016 presidential campaign, which resulted in Trump taking the state by less than 23,000 votes.
Although Biden has visited Wisconsin more than Hillary Clinton did, that’s a low bar considering she did not visit the state once on the campaign trail, something Biden acknowledged with regret on Friday.
Trump has been aggressively stumping in Wisconsin as of late, holding three separate rallies in the past week — equal to the number of visits Biden has made to the state all year.
The first of Biden’s trips to the Badger State was during a period of violent unrest in Kenosha over the shooting of Jacob Blake, a Black man, by a white police officer.
Both Biden and Trump visited Kenosha amid the demonstrations, but their optics and tones could not have been more different. The president toured scorched businesses and heaped praise on law enforcement for quelling the protests during a roundtable event; Biden held a town hall focused on hope at a local church after meeting with Blake’s family.
A small socially distanced crowd at a private hangar at Milwaukee’s General Mitchell International Airport welcomed a masked Biden on Friday, who took the podium after remarks from Moore and two Black Milwaukee natives urging voters to choose to move forward toward a more positive future under a Biden presidency.
The former vice president encouraged the crowd to “keep our sense of empowerment here, our sense of optimism” in the face of the ongoing Covid-19 pandemic, which as of Friday had resulted in more than 229,000 deaths in the United States from nearly 9 million confirmed cases.
Biden quickly made reference to Wisconsin’s recent surge, which necessitated the opening of a field hospital just south of Milwaukee for an expected overflow of patients from the state’s overwhelmed hospitals.
“The thing that bothers me the most is that we have a president who gave up,” on handling the pandemic, Biden said, going on to mock Trump’s repeated insistence that America was rounding the corner on Covid-19 and his foolhardy dismissal of mitigation strategies like mask wearing.
“This isn’t a political statement, us wearing these masks,” Biden said. “For God’s sake, it’s a patriotic duty,” which is necessary to save lives.
Biden touched on his economic and tax plans, which he promised would not raise taxes on anyone making less than $400,000 annually and would bring an end to an inequitable system where massive corporations do not pay their fair share in taxes.
Of his health care plan, Biden reiterated his goal of expanding and building on the Affordable Care Act, the signature piece of legislation passed during his time as right hand man to Barack Obama, which would include a public option while allowing Americans to keep their private insurance should they want to.
“Donald Trump thinks health care is a privilege, I think it’s a right,” Biden said, promising that health care costs would go down as much as 60% under his presidency, in part because his plan would allow Medicare to negotiate prices with drug companies.
The Democratic candidate emphasized how Trump’s trade policies have devastated struggling Wisconsin dairy farms that have been further burdened by the coronavirus pandemic, yet he was light on details as to how he would turn around the state’s flagship industry leading the nation in farm foreclosures.
In stark contrast to the president, Biden directly addressed the existential crisis of climate change during his roughly 30-minute remarks, saying that “we have to vote to meet the challenge of the climate crisis” because “literally, the planet is at stake.”
An added bonus of seriously tackling climate change, Biden said, would be the millions of good-paying jobs that would be created through that effort.
Ending his speech on a note of unity and earnest bipartisan cooperation, Biden proclaimed “I’m running as a proud Democrat, but I will be an American president.”
“Everybody knows who Donald Trump is,” Biden said. “Let’s let him know who we are in these last four days.”


courthousenews--2020-10-31--Judge Orders Feds to Reconsider Asylum Denials in Metering Class Action

SAN DIEGO ( CN ) — A federal judge extended the scope of her preliminary injunction on Trump administration restrictions for immigrants seeking asylum at U.S. ports of entry , saying Friday that officials must reopen asylum claims that were denied before the injunction was issued last year .
On July 16 , 2019 , the Trump administration implemented the “ Asylum Transit Rule ” which made immigrants ’ asylum claims invalid if they arrived at the U.S.-Mexico border from a country other than their country of origin and failed to apply for asylum there first .
Before the so-called @ @ @ @ @ @ @ officials had been metering asylum seekers at the border , placing them on waitlists for claim adjudication or simply turning them away because ports of entry were purportedly full .
Immigrants rights groups sued , claiming both policies were unlawful attempts to stem the flow of immigrants attempting to enter the U.S .
Advocates also requested an injunction , arguing the ban permanently barred people from the asylum process if their 30-day window to file for asylum in Mexico — the country they transited through — had expired and if they were “ @ @ @ @ @ @ @ District Judge Cynthia Bashant sided with advocates and granted an injunction on Nov. 19 , 2019 .
Bashant said the injunction was not outside the scope of plaintiffs ’ initial claims against metering because the Trump administration ’ s metering policies illegally blocked access to the asylum process .
The injunction barred immigration officials from using the asylum ban to block migrants who were turned back to Mexico under the metering policy .
Bashant also certified a subclass of as many as 26,000 “ non-Mexican ” asylum seekers who were denied access before @ @ @ @ @ @ @ July 16 .
The Trump administration ’ s appeal of the injunction is still pending before the Ninth Circuit .
In July , plaintiffs sought an order clarifying that the government must reconsider previously denied asylum claims and make all efforts to both identify class members and inform them of the injunction .
Attorneys for the Trump administration argued in court papers the injunction was ineffective while a Ninth Circuit administrative stay was in place between Dec. 20 , 2019 and March 5 , 2020 .
On Friday , Bashant issued a 25-page @ @ @ @ @ @ @ and applies to those whose asylum claims were denied before the injunction went into effect on Nov. 19 .
“ The preliminary injunction provides equitable relief to restore class members to the appropriate status quo ante litem in this case – the period before July 16 , 2019 when asylum eligibility requirements preceding the asylum ban were still in effect , ” the order said .
“ While the administrative stay allowed defendants to stay the course regarding the application of the asylum ban at the time of the stay , it does @ @ @ @ @ @ @ full effect once the stay was lifted.
” Immigration officials ’ application of the asylum ban during the administrative stay was lawful and not in contempt of the injunction , the order said .
Plaintiffs ’ counsel did not immediately respond to emailed requests for comment .
Bashant also rejected immigration officials ’ argument that only migrants with final deportation orders should be screened for class membership since those with ongoing cases can raise asylum claims at later stages .
The order says officials should make all efforts to inform migrants of their @ @ @ @ @ @ @ regardless of what stage of deportation proceedings they ’ re in .
A Justice Department spokesperson did not immediately respond to a request for comment on the ruling .

A federal judge extended the scope of her preliminary injunction on Trump administration restrictions for immigrants seeking asylum at U.S. ports of entry, saying Friday that officials must reopen asylum claims that were denied before the injunction was issued last year.
SAN DIEGO (CN) — A federal judge extended the scope of her preliminary injunction on Trump administration restrictions for immigrants seeking asylum at U.S. ports of entry, saying Friday that officials must reopen asylum claims that were denied before the injunction was issued last year.
On July 16, 2019, the Trump administration implemented the “Asylum Transit Rule” which made immigrants’ asylum claims invalid if they arrived at the U.S.-Mexico border from a country other than their country of origin and failed to apply for asylum there first.
Before the so-called asylum ban went into effect, immigration officials had been metering asylum seekers at the border, placing them on waitlists for claim adjudication or simply turning them away because ports of entry were purportedly full.
Immigrants rights groups sued, claiming both policies were unlawful attempts to stem the flow of immigrants attempting to enter the U.S.
Advocates also requested an injunction, arguing the ban permanently barred people from the asylum process if their 30-day window to file for asylum in Mexico — the country they transited through — had expired and if they were “metered” before July 16.
U.S. District Judge Cynthia Bashant sided with advocates and granted an injunction on Nov. 19, 2019.
Bashant said the injunction was not outside the scope of plaintiffs’ initial claims against metering because the Trump administration’s metering policies illegally blocked access to the asylum process.
The injunction barred immigration officials from using the asylum ban to block migrants who were turned back to Mexico under the metering policy.
Bashant also certified a subclass of as many as 26,000 “non-Mexican” asylum seekers who were denied access before the asylum ban went into effect on July 16.
The Trump administration’s appeal of the injunction is still pending before the Ninth Circuit.
In July, plaintiffs sought an order clarifying that the government must reconsider previously denied asylum claims and make all efforts to both identify class members and inform them of the injunction.
Attorneys for the Trump administration argued in court papers the injunction was ineffective while a Ninth Circuit administrative stay was in place between Dec. 20, 2019 and March 5, 2020.
On Friday, Bashant issued a 25-page order clarifying that the injunction is retroactive and applies to those whose asylum claims were denied before the injunction went into effect on Nov. 19.
“The preliminary injunction provides equitable relief to restore class members to the appropriate status quo ante litem in this case - the period before July 16, 2019 when asylum eligibility requirements preceding the asylum ban were still in effect,” the order said. “While the administrative stay allowed defendants to stay the course regarding the application of the asylum ban at the time of the stay, it does not deprive the preliminary injunction of its full effect once the stay was lifted.”
Immigration officials’ application of the asylum ban during the administrative stay was lawful and not in contempt of the injunction, the order said.
In a statement, the plaintiffs' attorneys said the ruling means the Trump administration "may no longer cherry-pick which class members receive the benefits of the court's preliminary injunction in this case."
Those metered before the effective date of the asylum ban are entitled to a screening of their asylum claim, the attorneys said.
"In fact, the court orders the government to actively help identify class members and for its agencies to reopen or reconsider cases where the asylum ban has been applied to class members."
Bashant also rejected immigration officials’ argument that only migrants with final deportation orders should be screened for class membership since those with ongoing cases can raise asylum claims at later stages.
The order says officials should make all efforts to inform migrants of their rights to relief under the injunction, regardless of what stage of deportation proceedings they’re in.
A Justice Department spokesperson did not immediately respond to a request for comment on the ruling.


courthousenews--2020-10-31--Florida Reemerges as the Country’s Ultimate Swing State

TAMPA , Fla. ( CN ) — Five days before the presidential election , the campaigns of President Donald Trump and his Democratic rival Joe Biden converged in Tampa , a metropolitan area long seen as a bellwether for presidential politics .
The candidates ’ rallies , held just hours apart , could not have been more different .
Trump and his supporters , largely maskless , railed against the “ socialist ” Democratic nominee in a football stadium parking lot , close enough to an early voting polling place that the Hillsborough County Supervisor of Elections put out a @ @ @ @ @ @ @ .
Across town at the state fairgrounds , Biden held a socially distanced drive-in rally in which the vice president , wearing a mask , blamed the president for “ spreading more than just the coronavirus.
” “ He ’ s spreading division and discord , ” the former vice president said to a chorus of honks .
The candidates ’ repeated visits to Florida illustrate the importance of the country ’ s largest swing state .
Most experts agree Trump must win the state ’ s 29 electoral votes for reelection .
@ @ @ @ @ @ @ show Trump and Biden in a dead heat with very few undecided voters .
That ’ s led to repeated trips by both campaigns to this eternally purple state that elected Trump with less than 1 % of the vote in 2016 .
Biden and surrogates like Barack Obama have largely focused on South Florida , a Democratic stronghold home to the majority of the state ’ s Hispanic community , and cities along the decisive I-4 corridor like Tampa .
Trump and Vice President Mike Pence held rallies in the state ’ @ @ @ @ @ @ @ , and the usually reliably red Panhandle region with a large concentration of military families .
“ I think the Biden campaign views all the time the Trump campaign is having to spend in Florida as a bonus , because they have other paths to 270 [ electoral votes ] and Trump does not , ” said political analyst Matthew Corrigan , the dean of the College of Arts and Sciences at Jacksonville University .
“ So keeping the state really , really close and competitive has forced a lot of time and @ @ @ @ @ @ @ ” “ This close , this late is probably a win for Biden , even if he doesn ’ t win the state , because he ’ s making Trump use his resources here , ” he added .
But ginning up each parties ’ base may not tip the balance .
Roughly 26 % of registered voters have no party affiliation , according to the Florida Department of Elections .
“ Democrats are going to bring everybody out , or most people out , and Republicans are going to bring most people @ @ @ @ @ @ @ What are the NPAs doing ?
If the NPAs break heavily for either candidate , that ’ s the ballgame.
” No party affiliation ( NPA ) voters chose Trump four years ago because of his “ outsider ” status , Corrigan said , and Hillary Clinton ’ s negative image .
But those same voters may have buyer ’ s remorse .
“ Now , they ’ ve seen some of the policies and the way [ the president ] handled the pandemic and I think there ’ s concerns , ” @ @ @ @ @ @ @ of the coronavirus pandemic , or lack thereof , could also eat into his previous support among Florida ’ s most active voting bloc : seniors .
Located just north of Orlando , The Villages is a sprawling age-restricted community of 120,000 .
“ Florida ’ s Friendliest Hometown ” is a frequent stop for candidates running for state or federal office and boasts one of the largest concentrations of Republican voters in the state .
The community went for Trump by 70 % in 2016 .
At a recent rally , thousands @ @ @ @ @ @ @ to The Villages Polo Club to hear the president speak .
“ I love everything he has done , ” said one of the rally goers , 72-year-old Sherry Canger .
“ I can ’ t think of anything I don ’ t like.
” But support for Trump may be waning in the community .
Chris Stanley , chair of The Villages Democratic Club , spends several hours every day at a small office greeting those who come through the door .
“ They come in and they say , ‘ You @ @ @ @ @ @ @ and I ’ m staying a Republican , but how can I help you get rid of Trump , ’ ” Stanley recalls .
“ They feel their party left them.
” “ I ’ ve heard over and over , ‘ I thought he would tone down his behavior .
I thought it was an act , ’ ” she added .
“ So those people who didn ’ t want to vote for Hillary , and then voted for Trump — expecting something different , something new — they are coming @ @ @ @ @ @ @ NBC News/Marist poll released this week found Biden leading among Florida ’ s seniors 53 % to 46 % .
The candidates were tied among those 65 and older in the pollster ’ s September survey .
Seniors account for about a quarter of the electorate in Florida .
“ The bottom line is Biden is leading in the senior vote and that ’ s clearly coming from the way the president has handled the coronavirus , ” said Corrigan .
“ There ’ s just a huge disconnect between his view of @ @ @ @ @ @ @ with.
” On a recent afternoon , Mhariel Summers chatted passerby near a community center parking lot in the predominantly Black southside of St. Petersburg .
The 30-year-old community activist attempted to persuade residents to board a shuttle bus bound for an early voting site .
“ This is going to be an influential district , ” Summers said , echoing national pundits who have put Pinellas County , the state ’ s most densest populated county that has gone for the eventual winner in every presidential contest since 1980 , with the @ @ @ @ @ @ @ as another bellwether .
Just 20 minutes across the bridge that connects the county to Tampa , the Hillsborough County seat , voters have solidly picked the winner since 1960 — except for 2016 when the electorate chose Clinton and the rest of the state sided with Trump .
Those caveats in a state breaking records for newcomers — from northerners buying homes in rapidly expanding suburbs to millennials drawn to artistic havens like St. Petersburg — have put entrenched residents in historically minority neighborhoods facing gentrification on the defensive .
“ There @ @ @ @ @ @ @ , and that has led many in this community to believe their vote does not matter .
We ’ re trying to tell them that the system is not against you .
We can change elections .
We have the numbers .
Once we realize that , people will start showing up.
” Activists from both parties have focused on early voting due to worries about lines and low voter turnout on Election Day .
While Democrats have led in mail-in ballots , more Republicans have cast their ballots at early voting sites @ @ @ @ @ @ @ million Floridians cast mail-in ballots or voted early .
Democrats lead with 3.1 million votes compared to 2.8 million Republicans .
In all , Florida voters have already cast more than 80 percent of the total votes counted in 2016 general election , according to an analysis by the U.S .
Elections Project .
“ We ’ re really impressed by the numbers , ” said Dustin Chase , deputy supervisor of elections for Pinellas County .
“ Already , we ’ ve received back 71 % of all the mail ballots we @ @ @ @ @ @ @ ” Chase said despite the increase in mail-in voting , his office has not seen many ballots deemed invalid due to problems with a voter ’ s signature .
“ In fact , we ’ ve seen a decrease in the number of voters who have made mistakes , ” he said .
“ We partially attribute that to the large amount of media surrounding this particular issue .
And voters have been very diligent .
They ’ re coming in , they ’ re checking to make sure that their signature currently @ @ @ @ @ @ @ them.
” Pursuant to Florida law , county elections offices began tallying mail-in ballots on Oct. 14 .
Early voting totals will be released at 8 p.m. eastern after all Florida counties close voting .
Chase said he does not expect a delay in counting the votes on election day , though counties have 10 days to certify the results .
By law , all Florida counties must keep early voting sites open through Oct. 31 , though counties can choose to stay open until Nov. 1 .
Late Friday , as Floridians @ @ @ @ @ @ @ , another poll showed Biden with a slight lead on Trump in the Sunshine State .
The survey by YouGov and the Institute of Politics at Florida State University found 48 % of likely voters prefer the former vice president and 46 % indicated a vote for the president , with 3 % margin of error .
“ It looks like all eyes will be on Florida again , ” said Hans Hassell , the institute ’ s director and FSU professor of political science .
“ This is an important state , @ @ @ @ @ @ @ close just as it always seems to be .
”

Joe Biden and Donald Trump's repeated visits to Florida illustrate the importance of the country’s largest swing state, as most experts agree Trump must win the state’s 29 electoral votes for reelection.
TAMPA, Fla. (CN) — Five days before the presidential election, the campaigns of President Donald Trump and his Democratic rival Joe Biden converged in Tampa, a metropolitan area long seen as a bellwether for presidential politics.
The candidates’ rallies, held just hours apart, could not have been more different.
Trump and his supporters, largely maskless, railed against the “socialist” Democratic nominee in a football stadium parking lot, close enough to an early voting polling place that the Hillsborough County Supervisor of Elections put out a statement warning potential voters of traffic concerns.
Across town at the state fairgrounds, Biden held a socially distanced drive-in rally in which the vice president, wearing a mask, blamed the president for “spreading more than just the coronavirus.”
“He’s spreading division and discord,” the former vice president said to a chorus of honks.
The candidates’ repeated visits to Florida illustrate the importance of the country’s largest swing state. Most experts agree Trump must win the state’s 29 electoral votes for reelection.
Polls in the run-up to the election show Trump and Biden in a dead heat with very few undecided voters. That’s led to repeated trips by both campaigns to this eternally purple state that elected Trump with less than 1% of the vote in 2016.
Biden and surrogates like Barack Obama have largely focused on South Florida, a Democratic stronghold home to the majority of the state’s Hispanic community, and cities along the decisive I-4 corridor like Tampa.
Trump and Vice President Mike Pence held rallies in the state’s largest age-restricted community, The Villages, and the usually reliably red Panhandle region with a large concentration of military families.
“I think the Biden campaign views all the time the Trump campaign is having to spend in Florida as a bonus, because they have other paths to 270 [electoral votes] and Trump does not,” said political analyst Matthew Corrigan, the dean of the College of Arts and Sciences at Jacksonville University. “So keeping the state really, really close and competitive has forced a lot of time and energy among Republicans to keep the state.”
“This close, this late is probably a win for Biden, even if he doesn't win the state, because he's making Trump use his resources here,” he added.
But ginning up each parties’ base may not tip the balance. Roughly 26% of registered voters have no party affiliation, according to the Florida Department of Elections.
“Democrats are going to bring everybody out, or most people out, and Republicans are going to bring most people out,” Corrigan said. “What are the NPAs doing? If the NPAs break heavily for either candidate, that's the ballgame.”
No party affiliation (NPA) voters chose Trump four years ago because of his “outsider” status, Corrigan said, and Hillary Clinton’s negative image. But those same voters may have buyer’s remorse.
“Now, they've seen some of the policies and the way [the president] handled the pandemic and I think there's concerns,” he said.
Trump’s handling of the coronavirus pandemic, or lack thereof, could also eat into his previous support among Florida’s most active voting bloc: seniors.
The senior vote
Democratic presidential candidate former Vice President Joe Biden speaks at a drive-in rally at Broward College, Thursday, Oct. 29, 2020, in Coconut Creek, Fla. (AP Photo/Andrew Harnik)
Located just north of Orlando, The Villages is a sprawling age-restricted community of 120,000. “Florida’s Friendliest Hometown” is a frequent stop for candidates running for state or federal office and boasts one of the largest concentrations of Republican voters in the state.
The community went for Trump by 70% in 2016.
At a recent rally, thousands of enthusiastic attendees drove their golf carts to The Villages Polo Club to hear the president speak.
“I love everything he has done,” said one of the rally goers, 72-year-old Sherry Canger. “I can’t think of anything I don’t like.”


courthousenews--2020-10-31--After 36 Years, an Experiment in Private Prisons Comes to an End in Tennessee

CHATTANOOGA , Tenn. ( CN ) — Thirty-six years ago , international attention rested on a county jail that sat alongside a narrow road in the northeast corner of Chattanooga , Tennessee .
Journalists from Switzerland and Canada toured the prison .
The CBS Show “ 60 Minutes ” featured it in an episode , according to newspaper clippings found at the Chattanooga Public Library .
The Hamilton County Commission voted to hand over operation of the facility to Corrections Corporation of America , known today as CoreCivic , and the company took over the penal farm on Oct. 15 @ @ @ @ @ @ @ up .
Before it , CoreCivic had only begun managing an immigration detention center in Texas and a juvenile facility in Memphis .
This was one of the first times a private company in recent history , riding the idea of privatization , would take over an adult facility .
Today , it is one of the largest private prison companies in the nation .
It caught the attention of the world .
“ Silverdale is the place where everyone will decide if a private company can or should operate a prison , @ @ @ @ @ @ @ Times in 1985 .
But this summer , CoreCivic sent a letter to the county saying it was exercising a clause that allowed it to withdraw from the facility within 180 days .
The Hamilton County Sheriff ’ s Office is now quickly attempting to take over the aging facility .
And then there was news back in mid-February that two federal judges directed all 52 federal inmates who were housed in the facility to be transferred out and housed in neighboring facilities .
They did so , according to the Chattanooga Times @ @ @ @ @ @ @ safety , and the sheriff ’ s office launched a criminal investigation .
“ There was a general understanding , not just among the judges , federal judges , but also the state judges that Silverdale was not being repaired the way it needed to , there was too much laxness in the way that the private company was dealing with the issues , ” Hamilton County Sheriff Jim Hammond said in an interview with Courthouse News .
At the request of the judges , Hammond launched an investigation – which included an @ @ @ @ @ @ @ in the facility were left unaddressed .
Hammond handed the results over to the county ’ s Security and Corrections Committee .
For several years , at least one criminal court judge in Hamilton County expressed concern over the access to medical care at Silverdale .
While Judge Tom Greenholtz declined a request for an interview , he pointed out several court records where , for instance , he suspended a man ’ s sentence because when the man developed a “ shoulder condition , ” the facility gave him Tylenol instead of @ @ @ @ @ @ @ said the man “ refused ” treatment for a “ cancerous condition , ” according to the 2017 order .
In February , federal judges in the U.S. District Court for the Eastern District of Tennessee had “ suggested strongly ” Hammond move federal prisoners from Silverdale but did not issue an order , the sheriff said .
Federal judges Sandy Mattice and Travis McDonough did not respond to requests for interviews .
The county ’ s Security and Corrections Committee met June 19 to consider letting the contract with CoreCivic expire when @ @ @ @ @ @ @ years .
Reports of the conditions at Silverdale , Hammond said , “ reinforced a lot of people ’ s thinking that you need to get rid of a privatization and take it back under government.
” “ Because it may be a little more costly in the front end , but with government you ’ re assured these people ’ s rights are being protected , which are just the basic rights like proper ventilation , proper lights coming in , proper food schedule , ” he said .
“ The things @ @ @ @ @ @ @ sent its letter announcing it was pulling out of Silverdale on July 3 .
Hammond , a tall man with a short , salt-and-pepper mustache who was briefly hospitalized in October after contracting Covid-19 , hopes to spend his last two years as sheriff – he will not seek reelection in 2022 – bringing new housing facilities to Silverdale and closing the sheriff ’ s jail downtown , which sits on the side of a hill above the criminal courthouse but below the old courthouse which handles some civil matters in the county @ @ @ @ @ @ @ considered whether or not to take the plunge and privatize the county lockup , Hammond was a chief deputy for then-Sheriff H.Q Evatt who reviewed the contract .
“ There are too many questions about it .
I don ’ t want us to be the guinea pig , ” Hammond told the Chattanooga Times in September 1984 .
At that time , a federal magistrate judge was overseeing the jail because of overcrowding , Hammond said .
As 36-year-old newspaper clips tell it , the county spent about $ 23 a day @ @ @ @ @ @ @ CoreCivic had told the county it could house a prisoner at Silverdale for $ 21 a day while paying their jailers , dressed in tan V-neck sweaters and white shirts , more .
And after the Hamilton County Commission voted to have CoreCivic , then CCA , run the county workhouse , Silverdale and Hamilton County were the subjects of at least two early studies on private prisons .
For this transition , county corrections officers need to adjust from a linear jail — as the one downtown — to a campus-style facility @ @ @ @ @ @ @ issues , the sheriff ’ s office Chief of Corrections Joe Fowler said in an interview .
The change will be an unexpected challenge , he said .
“ When this started out , we ’ re 30 staff short , ” Fowler said .
“ We were already without resources that we needed here.
” Fowler , a veteran of the U.S. Army , has worked at military prisons such as Guantanamo Bay Detention Camp in Cuba .
The county plans on slowly shuttering the downtown prison and moving to fully operate @ @ @ @ @ @ @ on technology to help run the jail – for instance , by having inmates appear for court via video .
“ I ’ m a believer in using technology to the best of our ability , ” Fowler said .
“ So video is just one aspect of that .
Another , for example , is out at Silverdale they ’ re using paper and pen to do their checks of inmates.
” The same reliance on paper goes for Silverdale ’ s management of prisoner ’ s medical care .
Meanwhile , @ @ @ @ @ @ @ ( RFID ) technology and permanent electronic records .
Fowler expects the federal judges to use Silverdale to house federal prisoners once the county takes over the facility .
“ I don ’ t think their issues were housing them at Silverdale , ” Fowler said .
“ Their issues were who was operating Silverdale or the current practice out there .
So I think that once we take over and we can show that everything…that we ’ re doing there , and we ’ re staffed appropriately , then I think that @ @ @ @ @ @ @ Paul Wright , editor of Prison Legal News , there are several reasons why a private prison company may stop running a corrections facility .
Wright said CoreCivic faced public opposition in Nashville this year , and the company stepped away from another facility in Florida because there were major maintenance issues outstanding .
Prison Legal News , a publication Wright helped start in 1990 , has reported on and sued CoreCivic over the years , including a suit seeking to have some of the company ’ s records subject to Tennessee ’ @ @ @ @ @ @ @ faces a threat during an administration change .
As the Obama administration wound to a close , it announced it planned to do away with federal private prison contracts .
But when Trump won the 2016 election , CoreCivic ’ s stocks jumped .
It prompted a securities lawsuit , which is scheduled to go to trial in Nashville in 2021 .
Furthermore , Wright said , the highest profit margin for companies like CoreCivic is in immigration centers : about $ 160 a day for a person housed in immigration detention while @ @ @ @ @ @ @ contracts house prisoners for a third of that amount , according to Wright .
CoreCivic ’ s 2017 contract with Hamilton County stipulates the county would pay the company $ 46.17 to house an inmate and $ 19.84 for every inmate after Silverdale was housing more than 890 prisoners .
In the second year of the contract , the per diem rate increased to $ 50.42 and then by 2 % every year after that .
“ Basically , it ’ s those immigration contracts that keep the private prison industry afloat , @ @ @ @ @ @ @ if they lost those federal immigration contracts tomorrow , I don ’ t know that we would have a private prison industry of Geo and CoreCivic by the end of the month.
” Recently , Wright said , CoreCivic seemed to have transitioned some of its business into government leasing , buying office space in Maryland to rent out to the federal government agencies like the Social Security Administration .
CoreCivic is also working with Alabama to build two facilities , which it would then lease to the state .
Meanwhile another private @ @ @ @ @ @ @ purchased an electronic monitoring company .
Wright , who spent 17 years incarcerated for murder in Washington state , said private prison firms have not been expanding the number of clients they have , despite the industry existing for three decades , with the biggest client being the federal government .
“ None of the promises of big savings to taxpayers — none of that ’ s materialized , ” Wright said .
“ They haven ’ t shown they can do anything better than the government .
They turn a profit for @ @ @ @ @ @ @ has to do I think with the scams of government procurement and contracting.
” In statements to Courthouse News , CoreCivic said it was proud of its 36 years of operating Silverdale and cited it as part of the company ’ s success .
“ CoreCivic is and has been committed to providing high quality , compassionate treatment to all those in our care , ” said Ryan Gustin , public affairs manager for CoreCivic .
“ We strive to operate safe facilities that provide education and effective reentry programming to help individuals @ @ @ @ @ @ @ can return to the community successfully.
” In May , the company released an environmental , social and governance report in which CoreCivic CEO Damon Hininger said when the company started , the courts had declared eight corrections systems unconstitutionally dangerous because of their conditions and had intervened in 40 states because of the states of the jails .
“ I ’ m proud that CoreCivic was part of the solution then , and I ’ m proud of everything we ’ re doing to help solve big problems now , ” Hininger @ @ @ @ @ @ @ its letter to the county , CoreCivic said that it expects the county would want to work with the company beyond Dec. 30 to extend the transition time .
It said the county needed to increase the per diem it pays the company to house a prisoner by $ 5.63 , an increase that would go towards pay raises that it said would lead to better staff retention .
CoreCivic ’ s letter also raised concerns about “ significant safety and security concerns that haven ’ t been addressed by the county as @ @ @ @ @ @ @ Silverdale .
Among those concerns , CoreCivic said some of Silverdale ’ s doors don ’ t work correctly , locking controls are faulty and some of the camera systems have broken .
In the meantime , while CoreCivic is paid per prisoner , the number of inmates housed in Hamilton County have dropped because of the pandemic .
In late September , about 458 inmates were at the sheriff office ’ s downtown jail , where it can hold 505 prisoners .
Silverdale , a facility with 1084 beds , had a @ @ @ @ @ @ @ Those are numbers Hammond hopes to keep low moving out of the pandemic .
The “ more modern , serviceable physical structure ” the sheriff hopes to leave at Silverdale would feature natural light piped in via fiber optics and the ability for prisoners to make court appearances via teleconference so they don ’ t have to be transported the dozen or so miles to the downtown criminal courtrooms .
Hammond estimates that about 40 % of the prisoners currently housed at Silverdale don ’ t need to be there but are there @ @ @ @ @ @ @ the county spending about $ 100,000 a day on housing prisoners , a reduction in inmates could mean big savings for the county , Hammond said .
To accomplish that , he hopes to lean into “ criminal justice reform social programs , ” pushing inmates to get their GEDs and providing them with psychological and medical help .
In February , the Department of Justice granted the county $ 2.2 million to provide “ intensive treatment , ” services and housing subsidies for people who are homeless , have mental health issues @ @ @ @ @ @ @ area ’ s hospitals and law enforcement resources .
The FUSE program , according to the county , is used by only 30 agencies in the nation , and the sheriff ’ s office has identified about 100 people to help under the program .
“ I think we ’ re entering an age when the public in general expects more social programs involved in reentry for people who are in and out of jail , such as beefing up programs to help them get better education , so they won ’ t @ @ @ @ @ @ @ get jobs , so they won ’ t recidivate , counseling programs to help them with their marriages and their personal life , ” Hammond said .

Furthermore, Wright said, the highest profit margin for companies like CoreCivic is in immigration centers: about $160 a day for a person housed in immigration detention while some of the company’s state contracts house prisoners for a third of that amount, according to Wright.
CoreCivic’s 2017 contract with Hamilton County stipulates the county would pay the company $46.17 to house an inmate and $19.84 for every inmate after Silverdale was housing more than 890 prisoners. In the second year of the contract, the per diem rate increased to $50.42 and then by 2% every year after that.
“Basically, it's those immigration contracts that keep the private prison industry afloat,” Wright said. “Like, if they lost those federal immigration contracts tomorrow, I don't know that we would have a private prison industry of Geo and CoreCivic by the end of the month."
Recently, Wright said, CoreCivic seemed to have transitioned some of its business into government leasing, buying office space in Maryland to rent out to the federal government agencies like the Social Security Administration. CoreCivic is also working with Alabama to build two facilities, which it would then lease to the state. Meanwhile another private prison firm, Geo Group, has purchased an electronic monitoring company.
Wright, who spent 17 years incarcerated for murder in Washington state, said private prison firms have not been expanding the number of clients they have, despite the industry existing for three decades, with the biggest client being the federal government.
"None of the promises of big savings to taxpayers -- none of that's materialized,” Wright said. “They haven't shown they can do anything better than the government. They turn a profit for their shareholders but a lot of that has to do I think with the scams of government procurement and contracting."
In statements to Courthouse News, CoreCivic said it was proud of its 36 years of operating Silverdale and cited it as part of the company’s success.
“CoreCivic is and has been committed to providing high quality, compassionate treatment to all those in our care,” said Ryan Gustin, public affairs manager for CoreCivic. “We strive to operate safe facilities that provide education and effective reentry programming to help individuals make positive changes to ensure that they can return to the community successfully.”
In May, the company released an environmental, social and governance report in which CoreCivic CEO Damon Hininger said when the company started, the courts had declared eight corrections systems unconstitutionally dangerous because of their conditions and had intervened in 40 states because of the states of the jails.
“I’m proud that CoreCivic was part of the solution then, and I’m proud of everything we’re doing to help solve big problems now,” Hininger wrote in the May report.
In its letter to the county, CoreCivic said that it expects the county would want to work with the company beyond Dec. 30 to extend the transition time. It said the county needed to increase the per diem it pays the company to house a prisoner by $5.63, an increase that would go towards pay raises that it said would lead to better staff retention.
CoreCivic’s letter also raised concerns about “significant safety and security concerns that haven’t been addressed by the county as owner of the physical plant” at Silverdale.
Among those concerns, CoreCivic said some of Silverdale’s doors don’t work correctly, locking controls are faulty and some of the camera systems have broken.
In the meantime, while CoreCivic is paid per prisoner, the number of inmates housed in Hamilton County have dropped because of the pandemic. In late September, about 458 inmates were at the sheriff office’s downtown jail, where it can hold 505 prisoners. Silverdale, a facility with 1084 beds, had a capacity of about 765 in September.
Those are numbers Hammond hopes to keep low moving out of the pandemic.
The “more modern, serviceable physical structure” the sheriff hopes to leave at Silverdale would feature natural light piped in via fiber optics and the ability for prisoners to make court appearances via teleconference so they don’t have to be transported the dozen or so miles to the downtown criminal courtrooms.
Hammond estimates that about 40% of the prisoners currently housed at Silverdale don’t need to be there but are there because of underlying social issues. With the county spending about $100,000 a day on housing prisoners, a reduction in inmates could mean big savings for the county, Hammond said.
To accomplish that, he hopes to lean into “criminal justice reform social programs,” pushing inmates to get their GEDs and providing them with psychological and medical help.
In February, the Department of Justice granted the county $2.2 million to provide “intensive treatment,” services and housing subsidies for people who are homeless, have mental health issues and frequently need the attention of the area’s hospitals and law enforcement resources. The FUSE program, according to the county, is used by only 30 agencies in the nation, and the sheriff’s office has identified about 100 people to help under the program.
“I think we're entering an age when the public in general expects more social programs involved in reentry for people who are in and out of jail, such as beefing up programs to help them get better education, so they won't recidivate, programs that will help them get jobs, so they won't recidivate, counseling programs to help them with their marriages and their personal life,” Hammond said.


courthousenews--2020-10-31--Arizona Continues Steady Leftward March

Arizona Continues Steady Leftward March

TUCSON , Ariz. ( CN ) — With Democrats leading in Arizona ’ s Senate and presidential races , one might think the Grand Canyon State is about to dramatically flip from red to blue .
Arizona hasn ’ t had two Democratic senators since the early 1950s and no Democratic presidential candidate has won here since Bill Clinton in 1996 , but there has always been a blue streak running through the state — and it has been widening for decades .
Several factors have combined to shift the state leftward , but none of it is new , @ @ @ @ @ @ @ Tom Volgy .
“ I think these trends were there all along , ” Volgy said .
“ I think the Democratic Party could have exploited these trends four years ago or eight years ago , but it chose not to invest its resources in Arizona because of this common misperception that Arizona is such a red state.
” One hint that the blue shift isn ’ t a fluke can be seen in the state ’ s congressional delegation , where five out of nine are Democrats .
That ’ s starkly @ @ @ @ @ @ @ K. Udall was the only Democrat , Volgy said .
“ That ’ s a sign that this is not a weird one-shot phenomenon , ” he said .
Most polls show former Vice-President Joe Biden leading President Donald Trump in Arizona , but that lead is consistently within the margin of error .
On Friday , Biden had a lead of just 3.1 % , according to the FiveThirtyEight polling average .
In the Senate race , retired astronaut and space shuttle commander Mark Kelly , a Democrat , is leading retired @ @ @ @ @ @ @ McSally in 10 polls reported this week .
Voting is already underway , via mail and at early in-person polls , and the Arizona Secretary of State ’ s Office is ready to handle the increase in early ballots , said spokeswoman Sophia Solis .
“ Arizonans have been voting by mail for many years , and therefore we have been equipped to handle an increase in ballots-by-mail .
This year , we mailed applications to voters who are not on the Permanent Early Voting List in order to give them an opportunity @ @ @ @ @ @ @ ” Solis said .
Arizona will have a head start on some other states where counting is concerned .
A new law allows ballots to be counted starting 14 days before the election .
Unofficial results will be posted starting at 8 p.m. Tuesday .
Democratic National Committee Tom Perez was in Tucson recently to pass out campaign signs and rally troops .
He said Arizona is crucial in Democrats ’ quest to take control of the upper chamber .
“ We know that the road to the Senate majority goes through Arizona @ @ @ @ @ @ @ campaign swing through Phoenix and Tucson .
Concerns about health care , including the Covid-19 pandemic , top the list of reasons Arizona is a battleground this year , Perez said .
“ We have a fusion coalition here of white voters , Latino voters , African-American , Native American , ” Perez said .
“ We have people across faith traditions who are voting for Joe Biden , because health care is on the ballot.
” As a Canadian immigrant who came here in the mid-1980s , Cliche sometimes worked seven days @ @ @ @ @ @ @ and she likes what Trump says about following the law .
Cliche has friends who are doing what she did — come here legally , then work .
She thinks the Black Lives Matter movement is encouraging the wrong things to advance race relations .
“ I came with nothing , ” she said .
“ I know African-Americans who came with nothing .
They ’ re working minimum wage jobs and going to night school .
Go talk to those people .
They ’ re not out rioting and tearing things down.
@ @ @ @ @ @ @ She is tired of the name-calling from both sides of the political fence and attributes the president ’ s name-calling to fighting back .
She wants people to come together and talk .
“ I believe in solutions , and we can ’ t have solutions if we don ’ t talk , ” she said .
Pat Madea , 69 , is a semi-retired Tucson resident who voted for Biden and Kelly .
“ I think Trump is a failed experiment , ” Madea said after dropping off his ballot .
“ @ @ @ @ @ @ @ thing , so they chose him in 2016 .
Now we ’ re back to the same old thing.
” He likes the former vice-president ’ s plan to reverse Trump ’ s 2017 corporate tax cuts and raise taxes on people who make more than $ 400,000 per year .
Giving corporations money doesn ’ t work , Madea said .
“ This trickle-down theory that we ’ ve been saddled with since Reagan is bullshit , ” he said , adding that we need wage increases to put money in regular @ @ @ @ @ @ @ spend it .
“ I think we need a bubble-up economy.
” Volgy said Arizona has always had a large population of independent voters — about a third of voters are registered independents — and that group is bigger than ever now .
In the days of gerrymandering — largely halted in the past 20 years by Arizona ’ s bipartisan redistricting commission — state Republicans always carved out at least one safe Democratic district while ensuring GOP dominance .
This has allowed some of the most liberal members of Congress , like @ @ @ @ @ @ @ today , to always exist here .
Arizona has traditionally existed in three parts — left-leaning Pima County , where roughly 1 million people live , mostly in Tucson ; Maricopa County , where 2.2 million voters leaned reliably right ; and rural Arizona , which could be described as “ libertarian.
” That division has been slowly changing .
Migration patterns had an impact .
Up until 20 years ago , liberals came to Tucson , and conservatives went to Phoenix , largely from the Midwest .
But more recently there has @ @ @ @ @ @ @ — even among Republicans — from California .
Volgy attributed some of the state ’ s shift leftward to Latino activism spurred by the state government .
When the state Legislature passed a law known as SB 1070 , which required all law enforcement officers to determine immigration status of anyone they “ reasonably ” suspected was in the country illegally and to notify federal authorities of undocumented residents , the Latino community was galvanized in activism , Volgy said .
The law was widely decried as racist , and the Supreme Court @ @ @ @ @ @ @ That law spurred a spike in Latino activism that continues today .
“ That constituted an important and dramatic change .
It had an impact in Tucson , but it may have had an even bigger impact in Maricopa County in changing what was a conservative Republican area to a much , much more moderate-to-progressive area , ” he said .
Volgy declined to predict if the state ’ s steady march leftward is permanent .
“ I don ’ t know what ’ s permanent in our country anymore , ” he @ @ @ @ @ @ @ is that Democrats know that they can win in Arizona , and once that happens , all kinds of things begin to change .
Resources flow into Arizona , more and more viable candidates come to the party , people feel like their vote isn ’ t wasted .
”

Arizona hasn’t had two Democratic senators since the early 1950s and no Democratic presidential candidate has won here since Bill Clinton in 1996, but there has always been a blue streak running through the state — and it has been widening for decades.
TUCSON, Ariz. (CN) — With Democrats leading in Arizona’s Senate and presidential races, one might think the Grand Canyon State is about to dramatically flip from red to blue.
Arizona hasn’t had two Democratic senators since the early 1950s and no Democratic presidential candidate has won here since Bill Clinton in 1996, but there has always been a blue streak running through the state — and it has been widening for decades.
Several factors have combined to shift the state leftward, but none of it is new, said University of Arizona political science professor Tom Volgy.
“I think these trends were there all along,” Volgy said. “I think the Democratic Party could have exploited these trends four years ago or eight years ago, but it chose not to invest its resources in Arizona because of this common misperception that Arizona is such a red state.”
One hint that the blue shift isn’t a fluke can be seen in the state’s congressional delegation, where five out of nine are Democrats. That’s starkly different from the 1980s, when Morris K. Udall was the only Democrat, Volgy said.
“That’s a sign that this is not a weird one-shot phenomenon,” he said.
Most polls show former Vice-President Joe Biden leading President Donald Trump in Arizona, but that lead is consistently within the margin of error. On Friday, Biden had a lead of just 3.1%, according to the FiveThirtyEight polling average.
In the Senate race, retired astronaut and space shuttle commander Mark Kelly, a Democrat, is leading retired combat pilot and incumbent Arizona Senator Martha McSally in 10 polls reported this week.
Voting is already underway, via mail and at early in-person polls, and the Arizona Secretary of State’s Office is ready to handle the increase in early ballots, said spokeswoman Sophia Solis.
“Arizonans have been voting by mail for many years, and therefore we have been equipped to handle an increase in ballots-by-mail. This year, we mailed applications to voters who are not on the Permanent Early Voting List in order to give them an opportunity to join if they wished to,” Solis said.
Arizona will have a head start on some other states where counting is concerned. A new law allows ballots to be counted starting 14 days before the election. Unofficial results will be posted starting at 8 p.m. Tuesday.
In Arizona, where early voting has been a way of life in some communities for a decade, voters see a manageable line to cast their ballot on Oct. 30, 2020. (Brad Poole/Courthouse News)
Democratic National Committee Tom Perez was in Tucson recently to pass out campaign signs and rally troops. He said Arizona is crucial in Democrats’ quest to take control of the upper chamber.
“We know that the road to the Senate majority goes through Arizona,” he said during the brief campaign swing through Phoenix and Tucson.
Concerns about health care, including the Covid-19 pandemic, top the list of reasons Arizona is a battleground this year, Perez said.
“We have a fusion coalition here of white voters, Latino voters, African-American, Native American,” Perez said. “We have people across faith traditions who are voting for Joe Biden, because health care is on the ballot.”
Sandra Cliche, 67, voted for the president Friday.
As a Canadian immigrant who came here in the mid-1980s, Cliche sometimes worked seven days a week to become a citizen, and she likes what Trump says about following the law. Cliche has friends who are doing what she did — come here legally, then work. She thinks the Black Lives Matter movement is encouraging the wrong things to advance race relations.
“I came with nothing,” she said. “I know African-Americans who came with nothing. They’re working minimum wage jobs and going to night school. Go talk to those people. They’re not out rioting and tearing things down.”
Cliche isn’t angry. She is tired of the name-calling from both sides of the political fence and attributes the president’s name-calling to fighting back. She wants people to come together and talk.
“I believe in solutions, and we can’t have solutions if we don’t talk,” she said.
Pat Madea, 69, is a semi-retired Tucson resident who voted for Biden and Kelly.
“I think Trump is a failed experiment,” Madea said after dropping off his ballot. “People were tired of the same old thing, so they chose him in 2016. Now we’re back to the same old thing.”
He likes the former vice-president’s plan to reverse Trump’s 2017 corporate tax cuts and raise taxes on people who make more than $400,000 per year. Giving corporations money doesn’t work, Madea said.
“This trickle-down theory that we’ve been saddled with since Reagan is bullshit,” he said, adding that we need wage increases to put money in regular peoples’ hands, so they can spend it.
“I think we need a bubble-up economy.”
Volgy said Arizona has always had a large population of independent voters — about a third of voters are registered independents — and that group is bigger than ever now.
In the days of gerrymandering — largely halted in the past 20 years by Arizona’s bipartisan redistricting commission — state Republicans always carved out at least one safe Democratic district while ensuring GOP dominance.
This has allowed some of the most liberal members of Congress, like Udall from the 1960s-90s and Raul Grijalva today, to always exist here.
Arizona has traditionally existed in three parts — left-leaning Pima County, where roughly 1 million people live, mostly in Tucson; Maricopa County, where 2.2 million voters leaned reliably right; and rural Arizona, which could be described as “libertarian.”
That division has been slowly changing. Migration patterns had an impact. Up until 20 years ago, liberals came to Tucson, and conservatives went to Phoenix, largely from the Midwest. But more recently there has been an influx of more liberal people — even among Republicans — from California.
Volgy attributed some of the state’s shift leftward to Latino activism spurred by the state government.
When the state Legislature passed a law known as SB 1070, which required all law enforcement officers to determine immigration status of anyone they “reasonably” suspected was in the country illegally and to notify federal authorities of undocumented residents, the Latino community was galvanized in activism, Volgy said.
The law was widely decried as racist, and the Supreme Court eventually struck down most of it. That law spurred a spike in Latino activism that continues today.
“That constituted an important and dramatic change. It had an impact in Tucson, but it may have had an even bigger impact in Maricopa County in changing what was a conservative Republican area to a much, much more moderate-to-progressive area,” he said.
Volgy declined to predict if the state’s steady march leftward is permanent.
“I don’t know what’s permanent in our country anymore,” he said. “What has become permanent is that Democrats know that they can win in Arizona, and once that happens, all kinds of things begin to change. Resources flow into Arizona, more and more viable candidates come to the party, people feel like their vote isn’t wasted.”


courthousenews--2020-10-31--Foreign Policy Gets Little Attention but Still Looms Over the Election

( CN ) — During the final debate between presidential candidates Joe Biden and Donald Trump , moderator Kristen Welker turned the debate to the question of foreign policy asking each candidate about foreign interference in America ’ s elections .
It was rather fitting that the first question about foreign policy , arguably the arena of the federal government over which the president has the most influence , was essentially a question about the domestic affairs of the country .
The Trump-Biden contest is unprecedented in many ways , given its occurrence amid a pandemic that has constrained each @ @ @ @ @ @ @ relative to past contests for the White House , it stands out in how little foreign policy has been substantively discussed .
“ With public health , economic , racial justice and climate crises bearing down on the United States , foreign policy questions like the future of America ’ s longest-ever war in Afghanistan and Washington ’ s approach to curbing Iran ’ s nuclear program , have been relegated to the back burner , ” said Rebecca Lisner , co-author of “ An Open World : How America Can Win the @ @ @ @ @ @ @ s not solely Afghanistan and Iran , vestiges of America ’ s War on Terror , which has receded into the background , according to foreign policy experts .
“ In some of the recent elections , foreign policy was so central to the debates because ongoing wars were so central at the time , ” said Jeremy Pressman , a foreign policy expert at the University of Connecticut .
Since the Sept. 11 attacks in 2001 , American foreign policy was dominated by questions surrounding the continuation of the Iraq War , @ @ @ @ @ @ @ other questions related to the War on Terror , Barack Obama ’ s red line on Syria , conditions in Libya and how to manage Iran ’ s proxy war with Saudia Arabia .
These questions are simply no longer as salient to most Americans .
“ Whatever you say about Trump ’ s foreign policy record , he didn ’ t initiate any new conflicts , ” Pressman said .
That and many critics of the Trump administration saw his own flirtation with autocracy and authoritarian instincts as a more existential threat @ @ @ @ @ @ @ .
As Michael Hahn of the NYU School of Law put it : “ U.S .
democracy promotion efforts abroad seem a bit absurd at a time when voting rights are under assault right here at home.
” Pressman agreed , saying much of the current debate is inward-looking as many on both sides of the political spectrum feel those on the other side are an imminent and existential threat to the nation and their values .
“ There ’ s just not as much oxygen to look beyond our borders , ” @ @ @ @ @ @ @ to say foreign policy and the affairs of the world suddenly lack consequence in the domestic sphere .
After all , Trump became the third president to be impeached , but the first one to be impeached over a foreign policy matter .
However , it ’ s telling that issue mostly played out in the domestic sphere , with prominent Trump supporters dismissing charges that the president inappropriately leaned on a foreign leader in exchange for personal political gain because most Americans wouldn ’ t be able to identify Ukraine on a @ @ @ @ @ @ @ policy , while at times incoherent , was consequential .
Despite the Trump administration ’ s ratification of the Abraham Accords , where Arab countries Bahrain and the United Arab Emirates agreed to normalize relations with Israel , the nation ’ s focus has swerved from the Middle East to a rising China .
“ Unlike most of the post-Cold War period , the United States is no longer the world ’ s uncontested superpower and China ’ s rise means that Washington and Beijing will be competing to write the rules of @ @ @ @ @ @ @ ” Lissner said .
Trump ’ s foreign policy focused heavily on China , while downplaying war in the Middle East , with his administration engaging in a trade war , striking a Phase 1 deal and then conditions deteriorating after Trump blamed the Asian country for not doing more to contain the coronavirus at the outset of the outbreak in Wuhan .
But with all that focus , Trump hasn ’ t talked about China much on the trail .
During the debate , when given the chance to tout his trade @ @ @ @ @ @ @ foreign threat against which America could unite , he chose instead to talk about Hunter Biden and Chinese payments to American farmers , discussing both issues with a tangential relationship to facts .
Biden on the other hand has talked about holding China more accountable but discusses the need to engage America ’ s traditional allies in NATO and elsewhere to check an ambitious China .
“ Biden has been quite clear that he intends to reclaim the United States ’ traditional role as a global leader , recommitting to alliances , ” @ @ @ @ @ @ @ said Trump is prone to a more confrontational style than Biden , who will use diplomacy and persuasion rather than saber-rattling .
This contrast may be particularly apparent as it applies to Iran .
Trump campaigned in 2016 on tearing up the Iran Nuclear Deal , a signature foreign policy achievement of the Obama administration that sought to curtail Iran ’ s program to build nuclear weapons .
Trump was highly critical of Obama ’ s diplomatic approach to Iran , saying it emboldened a state sponsor of terrorism and helped enemies of @ @ @ @ @ @ @ the Middle East .
Since , he has been bellicose toward Iran , going so far as to launch a successful drone strike against Iran General Qasem Soleimani in January 2020 as the two nations appeared to inch toward a possible confrontation .
“ Trump has only been about confrontation with Iran , ” Pressman said .
“ With Biden , the diplomatic card may be back on the table.
” Critics of Trump ’ s approach point out that Iran is further along on its nuclear program than when Trump took office @ @ @ @ @ @ @ isolated and confrontational .
Obama and Biden ’ s philosophy was one of bringing Iran into the international fold , hoping that inclusion and economic prosperity would lead to a liberalization among the population and less of an inclination toward animosity towards the United States and the West in general .
Pressman also notes Trump seems more inclined to cooperate with dictators .
“ Clearly he has expressed sympathy with people who have the character profile of being a strong man who tells people what to do while maintaining firm control of the @ @ @ @ @ @ @ has implications for Europe and Turkey .
In the past few months , tensions between Turkey and Greece have escalated as the two countries continue disputes over energy reserves in the Eastern Mediterranean .
The fracas impacts NATO , with Germany ’ s internal politics , roiled as of late over whether to sell submarines to Turkey .
“ The biggest difference between Biden and Trump when it comes to Turkey will be the embrace of NATO , ” Pressman said , adding Biden believes in growing that relationship while Trump has continued @ @ @ @ @ @ @ on military spending by the United States and need to start paying their fair share .
Other conflicts have emerged as well .
Azerbaijan and Armenia continue a border dispute that has erupted into armed engagements , failed ceasefires and a generalized threat to destabilize the Caucasus .
Human rights violations in China , with concentration camps in Xinjiang and suppression of dissent in Hong Kong , continue apace regardless of America ’ s attention or lack thereof .
North Korea , despite half-hearted attempts from Trump , has continued to amass a @ @ @ @ @ @ @ are attuned to pressing international issues , they remain , and whoever wins the White House on Tuesday will face challenges in grappling with them .

The Trump-Biden contest is unprecedented in many ways, given its occurrence amid a pandemic that has constrained each candidate from running traditional campaigns, but relative to past contests for the White House, it stands out in how little foreign policy has been substantively discussed.
(CN) — During the final debate between presidential candidates Joe Biden and Donald Trump, moderator Kristen Welker turned the debate to the question of foreign policy asking each candidate about foreign interference in America’s elections.
It was rather fitting that the first question about foreign policy, arguably the arena of the federal government over which the president has the most influence, was essentially a question about the domestic affairs of the country.
The Trump-Biden contest is unprecedented in many ways, given its occurrence amid a pandemic that has constrained each candidate from running traditional campaigns, but relative to past contests for the White House, it stands out in how little foreign policy has been substantively discussed.
“With public health, economic, racial justice and climate crises bearing down on the United States, foreign policy questions like the future of America’s longest-ever war in Afghanistan and Washington’s approach to curbing Iran’s nuclear program, have been relegated to the back burner,” said Rebecca Lisner, co-author of “An Open World: How America Can Win the Contest for Twenty-First-Century Order.”
It’s not solely Afghanistan and Iran, vestiges of America’s War on Terror, which has receded into the background, according to foreign policy experts.
“In some of the recent elections, foreign policy was so central to the debates because ongoing wars were so central at the time,” said Jeremy Pressman, a foreign policy expert at the University of Connecticut.
Since the Sept. 11 attacks in 2001, American foreign policy was dominated by questions surrounding the continuation of the Iraq War, how troops were faring in Afghanistan and other questions related to the War on Terror, Barack Obama’s red line on Syria, conditions in Libya and how to manage Iran’s proxy war with Saudia Arabia.
These questions are simply no longer as salient to most Americans.
“Whatever you say about Trump’s foreign policy record, he didn’t initiate any new conflicts,” Pressman said.
That and many critics of the Trump administration saw his own flirtation with autocracy and authoritarian instincts as a more existential threat to American institutions than any foreign actor.
As Michael Hahn of the NYU School of Law put it:
“U.S. democracy promotion efforts abroad seem a bit absurd at a time when voting rights are under assault right here at home.”
Pressman agreed, saying much of the current debate is inward-looking as many on both sides of the political spectrum feel those on the other side are an imminent and existential threat to the nation and their values.
“There’s just not as much oxygen to look beyond our borders,” Pressman said.
It’s not to say foreign policy and the affairs of the world suddenly lack consequence in the domestic sphere.
After all, Trump became the third president to be impeached, but the first one to be impeached over a foreign policy matter. However, it’s telling that issue mostly played out in the domestic sphere, with prominent Trump supporters dismissing charges that the president inappropriately leaned on a foreign leader in exchange for personal political gain because most Americans wouldn’t be able to identify Ukraine on a map.
But Trump’s foreign policy, while at times incoherent, was consequential.
Despite the Trump administration’s ratification of the Abraham Accords, where Arab countries Bahrain and the United Arab Emirates agreed to normalize relations with Israel, the nation’s focus has swerved from the Middle East to a rising China.
In this April 12, 2018, file photo released by Xinhua News Agency, Chinese President Xi Jinping speaks after reviewing the Chinese People's Liberation Army (PLA) Navy fleet in the South China Sea. Xi is calling on the PLA to better prepare for combat, amid tensions over Taiwan and the South China Sea. China says it will not "renounce the use of force" in efforts to reunify Taiwan with the mainland and vows to take all necessary military measures to defeat "separatists." (Li Gang/Xinhua via AP, File)
“Unlike most of the post-Cold War period, the United States is no longer the world’s uncontested superpower and China’s rise means that Washington and Beijing will be competing to write the rules of the road for 21st-century international politics,” Lissner said.


courthousenews--2020-11-01--Tennessee Democrats Sue for Release of Absentee Vote Info

( CN ) — The Tennessee Democratic Party and the state ’ s Democratic candidate for U.S. Senate turned to the courts Sunday in an alleged attempt to wrest information from election officials on absentee voters ahead of Election Day .
At issue : The information on which Tennessee residents voting absentee still have not returned their ballots to local election officials .
The campaign for Marquita Bradshaw and the Tennessee Democratic Party asked election officials in the state ’ s 95 counties and Secretary of State ’ s Office to “ provide them with information of voters who were @ @ @ @ @ @ @ returned them to the respective election commission offices , ” the complaint said .
The campaign hoped to reach out to those voters who possibly needed more guidance on how to cast their vote .
After emailing Mark Goins , Tennessee ’ s coordinator of elections , on Sunday morning and then trying to reach him by phone , the Marquita Bradshaw campaign and the Tennessee Democratic Party filed a five-page lawsuit in the Chancery Court in Davidson County , whose seat is Nashville .
Bradshaw is running for the seat of Senator @ @ @ @ @ @ @ he would not seek reelection , against former ambassador to Japan and Republican Bill Hagerty .
During the Democratic primary held in August , Bradshaw beat out veteran James Mackler , who had millions of dollars and the backing of the party .
At that time , Bradshaw had raised less than $ 10,000 .
The race between Bradshaw and Hagerty is widely predicted to yield a safe Republican seat .
In an email to Courthouse News , Secretary of State spokeswoman Julia Bruck said the lawsuit comes as a distraction in the @ @ @ @ @ @ @ “ At best the filing is inaccurate and at worst misinformation , ” Bruck wrote .
“ With less than 48 hours before the polls open across Tennessee , this filing further distracts county elections officials from their critical work of conducting this election safely , responsibly , and sensibly.
” Bruck added what is inaccurate about the lawsuit will be addressed at a hearing .
According to the complaint , information on absentee voting is not subject to Tennessee open records law until after the state ’ s early voting period ends @ @ @ @ @ @ @ to vote early in the state was Thursday , Oct. 29 .
But after the Bradshaw campaign made the request , the Secretary of State ’ s office told local election officials not to fulfill it .
“ Because the action of the Defendants and their blatant disregard for the law in the State of Tennessee , and in an effort to increase voter turnout and participation in our Nation ’ s most fundamental right , Plaintiffs now file this lawsuit , ” the complaint said .
The lawsuit asks the court to @ @ @ @ @ @ @ on voters who requested to vote absentee “ within an hour of entry of Order of this Court.
” Attorney Benjamin Gastel , with the Nashville firm Branstetter , Stranch & Jennings , and the Memphis attorney Alexander Wharton filed the suit on behalf of the state Democratic Party and the Bradshaw campaign .
A press release by the Tennessee Democratic Party said the requests were routine .
And in a statement , Bradshaw ’ s campaign manager Ken Taylor said the actions of the state equaled voter suppression .
“ Transparent administration @ @ @ @ @ @ @ our democracy , ” Taylor said .
“ The statute is clear .
Voters have a right to know if their vote was received and counted .
”

The Tennessee Democratic Party and the state’s Democratic candidate for U.S. Senate turned to the courts Sunday in an alleged attempt to wrest information from election officials on absentee voters ahead of Election Day.
(CN) — The Tennessee Democratic Party and the state’s Democratic candidate for U.S. Senate turned to the courts Sunday in an alleged attempt to wrest information from election officials on absentee voters ahead of Election Day.
At issue: The information on which Tennessee residents voting absentee still have not returned their ballots to local election officials.
The campaign for Marquita Bradshaw and the Tennessee Democratic Party asked election officials in the state’s 95 counties and Secretary of State’s Office to “provide them with information of voters who were mailed absentee ballots and had not yet returned them to the respective election commission offices,” the complaint said.
The campaign hoped to reach out to those voters who possibly needed more guidance on how to cast their vote.
The state reportedly refused.
After emailing Mark Goins, Tennessee’s coordinator of elections, on Sunday morning and then trying to reach him by phone, the Marquita Bradshaw campaign and the Tennessee Democratic Party filed a five-page lawsuit in the Chancery Court in Davidson County, whose seat is Nashville.
Bradshaw is running for the seat of Senator Lamar Alexander, a Republican who announced he would not seek reelection, against former ambassador to Japan and Republican Bill Hagerty.
During the Democratic primary held in August, Bradshaw beat out veteran James Mackler, who had millions of dollars and the backing of the party. At that time, Bradshaw had raised less than $10,000.
The race between Bradshaw and Hagerty is widely predicted to yield a safe Republican seat.
In an email to Courthouse News, Secretary of State spokeswoman Julia Bruck said the lawsuit comes as a distraction in the 11th hour of a critical election.
“At best the filing is inaccurate and at worst misinformation,” Bruck wrote. “With less than 48 hours before the polls open across Tennessee, this filing further distracts county elections officials from their critical work of conducting this election safely, responsibly, and sensibly.”
Bruck added what is inaccurate about the lawsuit will be addressed at a hearing.
According to the complaint, information on absentee voting is not subject to Tennessee open records law until after the state’s early voting period ends. This year, the last day to vote early in the state was Thursday, Oct. 29.
But after the Bradshaw campaign made the request, the Secretary of State’s office told local election officials not to fulfill it.
“Because the action of the Defendants and their blatant disregard for the law in the State of Tennessee, and in an effort to increase voter turnout and participation in our Nation’s most fundamental right, Plaintiffs now file this lawsuit,” the complaint said.
The lawsuit asks the court to order election officials to release the information on voters who requested to vote absentee “within an hour of entry of Order of this Court.”
Attorney Benjamin Gastel, with the Nashville firm Branstetter, Stranch & Jennings, and the Memphis attorney Alexander Wharton filed the suit on behalf of the state Democratic Party and the Bradshaw campaign.
A press release by the Tennessee Democratic Party said the requests were routine. And in a statement, Bradshaw’s campaign manager Ken Taylor said the actions of the state equaled voter suppression.
“Transparent administration of the electoral process is central to our democracy,” Taylor said. “The statute is clear. Voters have a right to know if their vote was received and counted.”