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The Alabama Election At The Heart Of The Voting Rights Fight

The Alabama Election At The Heart Of The Voting Rights Fight

Released Wednesday, 10th April 2024
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The Alabama Election At The Heart Of The Voting Rights Fight

The Alabama Election At The Heart Of The Voting Rights Fight

The Alabama Election At The Heart Of The Voting Rights Fight

The Alabama Election At The Heart Of The Voting Rights Fight

Wednesday, 10th April 2024
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0:00

Hi, this is Sarah in

0:02

Greenfield, Massachusetts. I am

0:04

making myself a grilled ham and cheese

0:06

sandwich for lunch. This

0:09

podcast was recorded at 955 a.m. On

0:11

Wednesday, April 10th, 2024. Things

0:16

may have changed by the time you hear it. Okay,

0:18

here's the show. Love

0:23

the audio work on that. I legitimately almost

0:25

forgot what time it was just from the sizzle.

0:27

Like it distracted me. So I haven't had breakfast

0:30

yet. And that's your stomach grumbling over there. Hey

0:34

there, it's the NPR Politics Podcast. I'm Miles

0:36

Parks. I cover voting. I'm Ashley

0:38

Lopez. I also cover voting. I'm

0:40

Stephen Fowler. I cover politics. And today

0:42

we are zooming in on a single

0:44

congressional district in Alabama. After

0:46

the U.S. Supreme Court ruled that Alabama's congressional

0:49

map discriminated against black voters, the remedy was

0:51

straightforward. Draw new boundaries to create a second

0:53

opportunity for those voters to elect a candidate

0:55

of their choice, a protection that was established

0:57

in the 1960s by the Voting Rights Act.

1:00

Today on the pod, we're going to see

1:02

how that's going. Stephen, you've been

1:04

looking at this new congressional district. Tell

1:06

me what it's like. Yeah, so Alabama's

1:08

second congressional district is this sprawling district

1:11

that runs from one corner of the

1:13

state to the other, Mobile

1:15

on the coast all the way to Montgomery

1:17

and includes the black belt in between. And

1:20

it was the result of actually

1:22

the third time of redrawing Alabama's

1:24

maps. After redistricting happened, there

1:27

was a census in 2020, redistricting in

1:29

2021, a lawsuit was

1:31

filed saying that it was discriminatory against

1:33

black voters, that it packed black voters

1:35

into one district and spread them out

1:37

across other ones. And so the

1:40

court came back and said, okay, you need

1:42

to redraw this map to be less discriminatory.

1:44

The Alabama legislature refused. They came back again

1:46

and said, no, we really mean it. You

1:49

need to redraw these maps. And then finally,

1:51

it resulted in a special master creating these

1:53

new boundary lines that'll be used for the

1:55

2024 election. Now, it's a nearly majority black

1:57

district because there's a lot of different. numbers

2:00

of population percentages used to

2:02

draw these in highly technical

2:04

ways. But essentially, assuming

2:06

normal turnout patterns and things like that,

2:09

this South Alabama district should see black

2:11

voters be able to elect a candidate

2:13

of their choice, which will likely be

2:15

a Democrat. nat.com Because we should note

2:17

that black voters make up roughly

2:19

a fourth of Alabama's total population.

2:21

But previously, under the first maps

2:23

that were drawn, they would have

2:25

only had the opportunity to elect

2:27

one representative of their choosing. One

2:30

out of seven is less than 25%. I think the number is

2:32

actually 27%. So this district boundary and

2:38

these lines more accurately reflect the diversity

2:40

of Alabama and where people live. nat.com

2:42

And this is a big deal because

2:45

obviously, we don't know what the US

2:47

House is going to look like after

2:49

the 2024 election. But presumably, people

2:52

are thinking that this could mean another

2:54

Democrat coming out of Alabama. Is that

2:56

right? Yeah. And so this will likely

2:59

be a pickup for Democrats. Alabama

3:01

currently has six Republicans, one Democrat

3:03

that could go to five Republicans,

3:06

two Democrats. So in the Washington

3:08

sense, it's an important victory for

3:10

Democrats. But my story looking at

3:13

representation in Alabama focuses more on

3:15

what it means for black voters

3:17

in Alabama. There are obviously people

3:19

in Alabama that care about control

3:22

of the House. But I talked to people

3:24

like Shalila Dowdy, who's a voting rights advocate

3:26

and one of the plaintiffs in this lawsuit.

3:29

And she said that representation means

3:31

something different than who wins who

3:33

loses. nat.com It means a seat

3:36

at the table. It means that we

3:38

can expect our needs and our wants

3:40

to be taken into consideration when

3:43

bills are being introduced and voted upon.

3:45

nat.com I almost feel bad

3:47

that I immediately went to the political ramifications,

3:49

right? Because this is actually something a little

3:51

bit more visceral, the idea that many voters

3:53

in Alabama are now going

3:55

to feel more empowered to elect a representative

3:58

of their choosing. talks

4:00

to folks, did you get the sense

4:02

that there was an emotional response to

4:04

this decision? Absolutely, because Alabama and the

4:06

South in particular has been ground zero

4:08

for the fight for voting rights and

4:10

the fight for black Americans to have

4:12

voting rights. Alabama, a few

4:15

years ago, last decade, had another

4:17

important case, the Shelby versus Holder

4:19

decision, which ended pre-clearance requirements, which

4:21

meant that several states and jurisdictions

4:23

that had racist voting laws had

4:25

to get the federal government to

4:27

clear any voting changes to make

4:29

sure they weren't discriminatory. And so,

4:31

Alabama, and particularly that part of the

4:34

black belt, has had this key decades

4:36

long role in the fight for equal

4:38

representation for black people. Yeah,

4:40

and I mean, the world of voting

4:42

has never been the same since that

4:44

Shelby versus Holder ruling. I mean, the

4:46

Brennan Center has noted that voter participation

4:48

among people of color has decreased. There

4:50

used to be, we're getting kind of

4:52

close to parity around the 2008 election.

4:55

And since then, people of color are voting

4:57

at smaller rates than they were then. And

5:00

a lot of that has to do with

5:02

the fact that places like Alabama, well, states

5:04

across the country, mostly Republican led states have

5:07

created more restrictive voting laws. And also,

5:09

yes, I mean, congressional voting maps affect

5:11

how people vote. If you are a voter

5:13

in a district where this is a

5:15

new neighborhoods to you, new people to you,

5:18

you are going to feel less inclined, especially

5:20

if you feel like the voting power of

5:22

people like you has been reduced from one

5:24

year to the next. That's going to affect

5:27

how you look at elections and whether you

5:29

feel compelled to vote. So I do think

5:31

like the ramifications of not

5:34

just Shelby versus Holder has been

5:36

really stark, but I think

5:38

we are kind of in a different world when

5:40

it comes to the voting patterns of people in

5:42

the South right now. Well, and there had been

5:44

this sense growing among election experts, right, Stephen, that

5:47

this court was going to not be

5:49

very friendly to the Voting Rights Act

5:51

because of the previous rulings that had

5:54

come out. Was this kind of a

5:56

surprise to experts that they decided that

5:58

Alabama did need to... another

6:01

district that black voters would actually have

6:03

a say? It was a surprise, Miles.

6:05

I mean, the direction of the court

6:07

and the direction of, I mean, I

6:09

think Chief Justice Roberts said, you know,

6:11

basically that like we've moved past this

6:13

idea that there's discrimination in voting and

6:15

there's discrimination in patterns and behaviors. And

6:17

it was expected that kind of like,

6:19

you know, we don't need the Voting

6:21

Rights Act anymore because like, we're better

6:24

than that. And so people were bracing

6:26

for the Supreme Court to kind of

6:28

further weaken the Voting Rights Act in

6:30

the immediate ramifications. It's not just

6:32

Alabama that has seen these redistricting

6:34

challenges be successful and kind of

6:37

change the lay of the land.

6:39

Yeah. And just from like a technical

6:41

aspect, I would say it's also very strange

6:43

to get a ruling so close to elections.

6:45

Like usually courts will not like to rule on

6:47

maps so close to elections. I mean, not

6:49

just like the fact that there's a runoff

6:51

in Alabama later, but in election years, like this

6:54

presidential election years, the courts tend to sort

6:56

of wait it out just because they

6:58

don't want to have any sort of like a political effect

7:01

on an election with a ruling. I know. I always

7:03

feel bad for voters whenever there's big court cases

7:05

like this that keep going back and forth and

7:07

back and forth. Like I would be really confused

7:09

if I was an Alabama voter right now. To

7:11

that point, this isn't over. I mean, there's a

7:14

trial in February 2025 over these maps that could

7:17

mean that the lines will change once

7:19

again and that this majority black district,

7:21

this probably Democratic district could go back

7:23

to its old shape and way. So

7:25

it's very, very confusing. And so part

7:27

of the representation piece too with the

7:29

people that I talked to is

7:32

getting voters engaged and paying attention to what's

7:34

happening because they may show up to the

7:36

polls and be like, I thought I was

7:38

voting for such and such. Well, it's like,

7:40

no, that's not your district anymore. Or people

7:42

that could be discouraged because they're like, oh,

7:45

it's a Republican district. I'm a Democrat. Like

7:47

I don't feel like I need to show

7:49

up and vote. So like there's multiple angles

7:52

to this that goes beyond just

7:54

the raw numbers of is it a Democrat?

7:56

Is it a Republican? What's the delegation? What's

7:58

the percentage of things like that? So like

8:00

it's a very complicated story that is ever

8:03

changing because of the way the courts act All right. Let's

8:05

take a quick break and more on this when we

8:07

get back And

8:10

we're back and so we've had all

8:13

of these fights over and over again the last few

8:15

years over What this district was

8:17

going to look like? Right

8:19

now there is a district that voters on

8:21

Tuesday are going to vote in Can you

8:24

tell us about the election on Tuesday Steven

8:26

who's running? What's at stake? Yeah, so this

8:28

is a primary runoff both in the Democratic

8:30

side and the Republican side There

8:33

is no incumbent in this seat last

8:35

month during Super Tuesday There was the

8:38

primary election ton of candidates from both

8:40

parties ran also in the

8:42

neighboring district Alabama's first district saw

8:44

a Republican member-on-member matchup where the

8:46

more conservative Barry Moore defeated representative

8:49

Jerry Carl But in this district, we've

8:51

got two Democrats in the runoff two Republicans

8:53

in the runoff on the Democratic

8:55

side You have Shamari

8:57

figures who's a mobile based

8:59

candidate who his parents

9:01

were lawmakers in the Alabama Legislature he

9:03

worked in the Obama White House for

9:06

a little bit and has strong family

9:08

ties to the area Facing off against

9:10

Anthony Daniels the Alabama State House minority

9:12

leader This gets to another interesting part

9:15

of representation because Daniels lives in Huntsville,

9:17

which is the complete opposite corner of

9:19

the state so talking with Some

9:22

of the people on the ground there there

9:25

was this sense that you know representation doesn't

9:27

just mean electing someone who looks like You

9:29

they have to know the area and they

9:31

have to be a part of the community

9:34

to be able to accurately represent them and

9:36

then On the Republican side you have Dick

9:38

Brubaker a businessman former state senator and Caroline

9:40

Dobson She's an attorney and political newcomer they're

9:43

trying to get the Republican nomination and one

9:45

of the reasons this is important miles is

9:47

because this isn't a Guaranteed victory for

9:49

the Democrats That's what I was gonna ask is like

9:51

is this the way some of the coverage has been

9:54

in the last few months It feels like almost like

9:56

a shoe in for Democrats that this was going to

9:58

play a huge role in who can controlled the

10:00

house, but you're saying that's not the case?

10:02

Well, people have to show up and vote.

10:04

And it's not purely a majority black district.

10:06

It's nearly majority black, I believe about 48%

10:09

by some of the measurements. But people have to

10:12

actually show up and vote. And so that's why

10:14

the people involved in the lawsuit

10:16

and other black voters that I talked to

10:18

are motivated to get people to show up

10:20

for this runoff and get people to show

10:22

up in November because you still have to

10:24

show up to vote to win. And so

10:26

in an environment where people are motivated on

10:28

both sides of the aisle and with a

10:30

presidential race at the top of the ticket,

10:32

it's no guarantee. Actually, I

10:34

feel like there, anytime there

10:37

is a big court decision that

10:39

affects one state, my thought

10:41

always goes to there's probably people

10:43

in a bunch of other states who now their

10:45

gears are turning on how this can impact them,

10:48

whether they're thinking about bringing challenges themselves based on

10:50

this. Do we know at all

10:53

what the ripple effects of this

10:55

decision in Alabama means

10:57

in other states potentially in the South

10:59

or anywhere else? Well, I mean,

11:01

it's always a big deal when especially the

11:04

Supreme Court makes a ruling

11:06

like this because it does sort of signal

11:08

where the court is standing on voting rights

11:10

issues. Like as you mentioned earlier, voting

11:12

rights advocates across the country were pretty

11:14

disillusioned with the fact that Shelby versus

11:17

Holder was like a ruling that came

11:19

down and that the VRA, the voting

11:21

rights act has taken quite a few hits under the

11:23

Roberts court. Not

11:26

just to focus on that one ruling, but I

11:29

think it is a sign that the

11:31

courts at least are taking these

11:34

kinds of cases seriously.

11:36

And we're talking about sort of what's

11:38

called like racial gerrymandering because the courts

11:41

have said time and time again, especially

11:43

the Supreme Court that they have like

11:45

no interest in cases that have to

11:47

do with sort of partisan gerrymandering. And

11:49

that's a party drawing districts that favor

11:52

their party. And because party and race

11:54

are sort of commingled and inextricably linked

11:56

in American politics the way they are,

11:58

it's kind of harder sometimes. to

12:00

make sure there's no sort of like racial effect

12:02

when these kind of lines are drawn. So I

12:04

do think it is interesting whenever there is a

12:06

case that is one, especially in

12:08

the South, that it sort of

12:11

upholds the voting rights of people of color

12:13

because a lot of times those cases get

12:15

sort of bogged down and the

12:17

wellness is, you know, we were right drawing

12:20

maps that favor our party like you know there's

12:22

no, there's nothing illegal here, nothing to

12:24

see here. So I do think it has at

12:26

least that sort of impact. A case

12:28

in point with the way the courts

12:31

handle things, you know, look at Louisiana

12:33

where because of the Alabama ruling, there's

12:35

an additional majority black district where voters

12:37

there should be able to elect the

12:40

candidate of their choice that should also

12:42

see a Democrat elected. But then in

12:44

Georgia, they also had a case before

12:47

the federal judge where the lawmakers added

12:49

more majority black districts on paper, but

12:51

did so in such a way that

12:54

didn't actually change the partisan outcome. So

12:56

on paper, black voters have

12:58

more representation, but they won't be

13:00

electing any more Democrats because of it.

13:02

So it really is dependent on where

13:05

these cases are filed when and in

13:07

time. And so I mean, it's a

13:09

fleeting, you know, in many ways, it's

13:11

a fleeting feeling. Yeah, and literally what

13:13

courts like what judges are in these

13:15

courts, because I feel like I bring

13:17

this up a lot, but the courts

13:19

changed a lot, especially on the appellate

13:21

level, during the Trump administration, a lot

13:24

of voting rights that complaints going before

13:26

courts in places like the Fifth Circuit,

13:28

for example, they don't usually side with

13:30

voting groups and voters of color. In

13:32

those cases, they usually side with a

13:34

sort of Republican led state. So it

13:36

really just depends like where in the

13:38

country you are sometimes. Stephen,

13:40

can you talk a little bit more about

13:42

how campaigns how this is actually affects the

13:45

political apparatus in Alabama? Because I

13:47

did just pull up the map

13:50

showing the district, it is big. And

13:52

it touches a lot of different geographic areas, like

13:55

you mentioned. And I just wonder if you are

13:57

running a campaign or if your person is trying

13:59

to mobilize voters, how a map changing

14:01

like this changes your strategy in terms

14:03

of – are they

14:05

having to rethink the kinds of voters they're

14:08

trying to mobilize? How are they rethinking strategy?

14:10

Well, you know, looking at the

14:12

map – and I encourage you to look at

14:14

the map because it's fascinating to see the different

14:16

shapes of the districts and how this works. You

14:18

know, Mobile and Montgomery

14:20

are two of the largest majority black

14:22

cities in the country, and

14:25

they're large urban areas, but Mobile

14:27

and the Mobile Bay is a

14:29

completely different vibe than Montgomery and

14:31

the state capitol, and the rural black

14:33

belt that runs between the two is

14:35

completely different. So thinking about campaigning on

14:38

both sides of the aisle, you have

14:40

to think about people that are in

14:42

urban areas, people that are in rural

14:44

areas, people that have completely different ways

14:47

of life and priorities and things that

14:49

you have to balance in a way

14:51

that maybe is a little bit different

14:53

than, like, say, the congressional district where

14:56

I live, which is almost entirely the

14:58

city of Atlanta, which is almost

15:00

the same type of people, the same type of needs,

15:02

the same type of that. And so it's

15:05

going to be challenging because what's good for

15:07

Mobile might not be good for Montgomery, and

15:09

what you need if you're a farmer in

15:11

the black belt might not resonate the same

15:13

way with somebody who lives in Montgomery. And

15:15

so it does make things

15:17

challenging because not only is it a new

15:19

district line, but you have so many different

15:22

constituencies you have to deal with, and that

15:24

also includes encouraging them to actually show up

15:26

and vote. Alright, well we will be watching

15:28

that primary runoff election on Tuesday and maybe

15:30

hearing from you then, Stephen. Let's leave

15:32

it there for today. I'm Miles Parks, I cover

15:34

voting. I'm Ashley Lopez, I also cover voting.

15:37

I'm Stephen Fowler. I cover politics. And thank

15:39

you for listening to the NPR Politics Podcast.

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