hargett, tre sos
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big lie? voter suppression 5
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an 11 25
Public libraries in Tennessee have begun to shut down as they carry out an order from state officials to remove children’s books containing LGBTQ+ themes or characters.
For Popular Information, Rebecca Crosby and Noel Sims reported Tuesday that the “book purge” is required to be carried out at all 181 libraries in the Tennessee Regional Library System, which encompasses most of the state, aside from cities like Nashville and Memphis.
It comes after Tennessee’s Republican Secretary of State, Tre Hargett, sent a pair of letters earlier this fall. The first, sent on September 8, said that in order to receive state and federal grants, which run through his office, libraries needed to comply with a Tennessee law banning diversity, equity, and inclusion (DEI) offices from agencies, as well as President Donald Trump’s executive order on “gender ideology,” which effectively ended the federal recognition of transgender and nonbinary individuals.
As the report notes, neither of these orders says anything about library books. However, Hargett argued that compliance with the executive order mandated book bans because it states that “federal funds shall not be used to promote gender ideology.”
Not only do executive orders typically not apply to state and local governments, but the federal funds Tennessee’s libraries receive are not used to purchase books at all. Instead, according to the secretary of state’s website, they “provide all state residents with online access to essential library and information resources, including licensed databases, a statewide library catalog and interlibrary loan system, bibliographic services, and materials for the disadvantaged.”
The Every Library Institute, an advocacy group that supports federal funding for libraries, said that Hargett’s instructions “contain significant errors, likely exceeding the secretary’s authority and reflecting a political agenda rather than a neutral or accurate interpretation of federal or state law.”
“Hargett is setting a dangerous precedent by placing Tennessee’s state and municipal government under the authority of any executive order by any president,” the group continued. “Executive orders are not laws.”
But Crosby and Sims argued: “Even if the executive order did apply to Tennessee local libraries, simply having books with LGBTQ stories and characters does not constitute ‘promoting gender ideology.’ The classic fairytale Little Red Riding Hood involves a wolf eating a little girl, but does not promote violence. Children’s books are stories, not instruction manuals.”
On October 27, Hargett sent another letter, giving libraries 60 days to undertake an “age appropriateness review” of all books in their children’s section to find any books that may be inconsistent either with Tennessee’s age appropriateness law or with Trump’s executive order.
As Ken Paulson, the director of Middle Tennessee University’s Free Speech Center, noted, the age appropriateness law, which was last updated in 2024, “is modeled after obscenity laws and prohibits nudity, excessive violence, and explicit sexuality, hardly the stuff of children’s sections. Further, the law applies to school libraries, not public libraries.”
Though Hargett provided no criteria for how to assess what books would need to be purged, he did provide an example of one he felt violated both orders: Fred Gets Dressed, a 2021 picture book by the New York Times bestselling author Peter Brown. As Popular Information noted:
The book, which was written by a straight, cisgender man, does not feature any LGBTQ characters. Instead it is based on a childhood experience of the author in which he tried on his mother’s clothing and makeup. If a book about a boy trying on his mother’s clothes is the strongest example of “promoting gender ideology” that Hargett could identify, it raises questions about the necessity of the review.
Earlier this month, the state’s Rutherford County Library System, which serves the cities of Smyrna and Murfreesboro, shut down several of its library branches for up to a week to “meet new reporting requirements” from Hargett’s office.
It’s unclear why the Rutherford County system determined it needed to shut down in order to carry out the review, nor has it been made clear whether other library systems will be expected to do the same.
As former librarian Kelly Jensen noted for the blog Book Riot, the Rutherford County system has made its own efforts to ban transgender-friendly books, but backed off from the policy earlier this summer for fear of litigation after a Murfreesboro law branding “homosexuality” as a form of “public indecency” resulted in the city being forced to settle a lawsuit for $500,000.
Kelly wrote that for Rutherford library system’s board, Hargett’s order is “a convenient means of subverting their fears of litigation, which drove them to change their anti-trans book policy earlier this summer. If the directive is from the state, then they ‘have to’ comply. The Tennessee secretary of state is granting permission slips to public library boards to ban away.”
This week, a group of 33 major publishers, library advocacy groups, and free speech and civil rights organizations signed onto a letter to Hargett expressing “profound concern” over its review mandate.
The coalition included PEN America, the American Library Association, the National Coalition Against Censorship, and the transgender rights advocacy organization GLAAD. Major publishing houses also signed on, including Penguin Random House, Macmillan, and Simon & Schuster.
“These types of reviews create immense administrative burdens for library systems and often lead to illegal censorship, which raises liability risks for local communities and the state,” the groups said. “Many libraries, uncertain about the legal and procedural basis for the mandate, have had to redirect limited resources, with some temporarily closing branches to complete these reviews, which are implied to be necessary for future funding.”
“The demands in your letter need immediate clarification, as it is not reasonable to expect libraries to follow directives that would risk violating applicable law, including the US Constitution,” they added. “It is illegal to remove books from public libraries because some people do not like them. This is a well-settled legal principle.”
The Rutherford County Library Alliance, which has challenged municipal anti-LGBTQ+ laws as well as the censorship policies of the library’s own board, said that “we have seen firsthand the concrete harm of the Secretary’s directives—library closures during story time, intimidation of professional librarians, and the breakdown of democratic representation in our public library system.”
“We hope Secretary Hargett will fulfill their duty to promote library development by supporting our constitutionally-guaranteed rights and our highly trained librarians,” the alliance added, “rather than enabling censorship from 0.001% of our community for 100% of our community.”
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AN 10 25
Tennessee Secretary of State Tre Hargett notified the president he is referring 42 “potential non-U.S. citizens” to the FBI for illegal votes.
Those potential illegal voters account for 0.0001% of all registered voters in Tennessee.
Responding to a letter from President Donald Trump congratulating him for using the federal Systematic Alien Verification for Entitlements (SAVE) system, Hargett thanked the president for improving the system to help Tennessee “protect our voter rolls.”
“The collaborative spirit and speed with which your administration worked to improve SAVE and make it available is unprecedented,” Hargett said in a letter posted on Facebook.
Hargett said his office is referring those who might not be U.S. citizens to the FBI for investigation.
The SAVE system is designed to help states verify citizenship and immigration status of people seeking government benefits. But states such as Tennessee use it to check people’s citizenship status for voting, even though some groups question its effectiveness.
The Brennan Center, a nonpartisan law and policy institute that advocates for democracy and justice, reports that information from SAVE is sometimes incomplete or old, making the program useful but not fully reliable in determining a person’s citizenship.
The institute also said a move by the Department of Homeland Security to expand the amount of information accessible through SAVE increases the risk of states erroneously purging eligible voters from their rolls.
Tennessee had about 4.3 million registered voters as of June after purging some 276,000, according to the Secretary of State’s website.
Trump offered the program free of charge to states in March with an executive order to protect election integrity and make sure only U.S. citizens cast ballots.
“You were one of the first leaders to step up and protect the integrity of our elections by using the SAVE system — and I commend you for your decisive action,” Trump said in his letter to Hargett.
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Heritage and its political arm, Heritage Action for America, have spent tens of millions of dollars promoting their own model bills that impose strict restrictions on voting. They have targeted the investment on key battleground states such as Arizona, Georgia and Michigan that could hold the balance of power in the 2024 presidential race.
Heritage began hosting annual gatherings of Republican secretaries of state at the start of the Trump presidency in 2017. February’s in-person conference was the first to be sponsored by three rightwing powerhouses of election denial and voter suppression – Heritage, together with the Public Interest Legal Foundation (Pilf), and the Honest Elections Project (HEP).
Pilf is a conservative legal group that sues election officials to force them to purge voter rolls, a process that has affected eligible US voters. The group is led by J Christian Adams, a former justice department lawyer who tried to use the Voting Rights Act to claim voting discrimination against white people.
Trump’s former lawyer Cleta Mitchell also sits on the Pilf board.
HEP is a conservative dark-money group closely tied to the Republican operative Leonard Leo who was instrumental in engineering the current conservative supermajority on the US supreme court. Reporting by ProPublica and the New York Times last year revealed that Leo has received control of a staggering $1.6bn to advance rightwing causes.
Concern about the potential of top election officials to subvert democracy intensified during the 2022 midterm elections when a number of individuals committed to Trump’s stolen election lie also ran for office. They formed the “America First Secretary of State Coalition” which became a conduit of far-right conspiracy theories linked to QAnon.
Most of those candidates failed in their bid to take over the reins of election administration in their states. But the Heritage conference suggests that the desire to deploy Republican secretaries of state as channels of voter suppression and election misinformation remains very much alive.
Though chief election officials are tasked with ensuring that ballots are fair and impartial, the Heritage conference was attended only by Republican secretaries of state.
The Guardian asked Heritage to explain why its conference was held in secret and with only Republican attendees. The group did not answer those questions.
Von Spakovsky said that the event was an “educational summit intended to provide information on current issues in elections and ensure that our election process protects the right to vote for American citizens by making it easy to vote and hard to cheat”.
He disputed the argument that security measures at the ballot box such as voter ID suppressed turnout. “The claim that secure elections somehow promote greater restrictions is outrageous and has been clearly disproven,” he said.
Von Spakovsky also pointed to Heritage’s election fraud database, which he said sampled “proven instances of election fraud from across the country”. The database records 1,422 “proven instances of voter fraud” stretching back to 1982 – a 41-year period during which billions of votes have been cast in the US.
Several of the participants at the conference have election denial and voter suppression track records. They include Florida’s secretary of state, Cord Byrd,who, soon after beingappointed by Governor Ron DeSantis last spring, refused to say whether Joe Biden had wonthe 2020 presidential election.
Byrd runs Florida’s “election integrity unit” that was set up by DeSantis last year to investigate election crimes, even though there is scant evidence of substantial voter fraud. More than a dozen citizens accused of illegally voting have been arrested at gunpointunder DeSantis’s crackdown on supposed voter fraud.
Another attendee – Jay Ashcroft, secretary of state of Missouri – has been a leading proponent of that state’s new restrictive voting law. His office has been named in numerous lawsuits in the last year for imposing extreme constraints on voter registration, including a recent lawsuit accusing Ashcroft of illegally blocking a ballot measure.
Tennessee’s secretary of state, Tre Hargett, another listed participant, has been accused by Democratic leaders in Tennessee of purging thousands of voters from the official rolls.
https://www.exposedbycmd.org/2021/11/16/alec-academy-featured-a-whos-who-of-voter-suppression-leaders/
an “Academy” for state lawmakers on voter suppression strategies run by the American Legislative Exchange Council (ALEC) in July featured a veritable who’s who of the right-wing leaders behind this year’s disinformation campaign about voter fraud and assaults on voting rights across the country, documents obtained by the Center for Media and Democracy (CMD) show.
While the July 26-28 session was ostensibly led by the dark money group Honest Elections Project, it was organized, hosted, and bankrolled by ALEC, despite repeated claims by its CEO, Lisa Nelson, that the group does not work on voting issues.
Nelson provided the formal welcome at the conference’s opening session, ALEC staff organized turnout, and ALEC provided two nights of accommodations at the five-star Grand America Hotel, five meals, and a $450 travel reimbursement for attendees. ALEC’s annual meeting was held at the same hotel immediately after the Academy.
An invite published by CMD in July stated that “13 legislators from across the country” would be in attendance, but the materials acquired by CMD do not include an attendance list.
Rather than email materials to ALEC lawmakers that may be subject to open records laws, ALEC distributed hard copies of the agenda at registration along with a “zip drive containing a resources document and a one-pager on your state’s election policies,” according to an email from Sarah Wall, ALEC’s manager of legislative outreach and coalitions, obtained by CMD. Wall’s email also lists Michael Bowman, president of ALEC Action, as a key contact for the event.
Nelson tipped her hand about ALEC’s voter suppression subterfuge in May at a meeting of the far-right Council for National Policy. Video of the event obtained by CMD shows Nelson speaking frankly about ALEC’s work on voting and revealing its plans to outsource model policy on the controversial topic to avert the spotlight. “We don’t have model policy. We will be developing that at the Honest Elections Project [Academy], through them,” Nelson said.
Honest Elections Project, the group ALEC chose to carry the ball on its voting agenda, is a dark money operation formed in February 2020 to push for voting restrictions and spread baseless and dangerous claims about election fraud, laying the groundwork for Trump’s attempt to overturn the election. It is a project of The 85 Fund, the new legal name for the Judicial Education Project, a group linked to Leonard Leo that played a central role in Trump’s effort to pack the federal judiciary with right-wing judges.
Speakers at the Academy featured many of the key strategists and leaders on the Right spreading misinformation around voter fraud, promoting Trump’s lies around the 2020 election, and pushing sweeping new voting restrictions.
Indiana Attorney General Todd Rokita gave the keynote address. A proponent of Trump’s Big Lie that the election was stolen, Rokita recently testified in front of the U.S. Senate against strengthening the federal Voting Rights Act.
Rokita was one of only four state attorneys general to not sign a National Association of Attorneys General letter condemning the Jan. 6 violent insurrection at the U.S. Capitol, and is a member of the Republican Attorneys General Association (RAGA). RAGA was a member of the “March to Save America” coalition that organized the Jan. 6 rally, and its policy arm, Rule of Law Defense Fund, sent out robocalls urging supporters to “march to the Capitol building and call on Congress to stop the steal.”
Agenda Focused on Election Legislation
Most of the Academy sessions focused on legislation, giving legislators a chance to discuss bills to restrict voting that have already been introduced and passed in their states this year and hear from Republican-aligned leaders about what more they think needs to be done.
By the time ALEC held its voter suppression Academy in July, 18 states had already passed 30 laws this year making it harder to vote, according to the Brennan Center for Justice.
The Honest Elections Project’s Executive Director Jason Snead, who worked with ALEC to organize the event, laid out “priorities for election integrity across the states” and polling results in a breakfast session and appeared on another panel on how to “shore up” legislative control over election processes with Jason Torchinsky and Lee Goodman.
The Honest Elections Project has aggressively promoted a radical legal theory called the “independent state legislatures doctrine,” which holds that state courts don’t have the authority to review state election laws and would empower heavily gerrymandered state legislatures to determine election outcomes.
Republican legislators have already introduced and passed bills in 2021 “interfering with nonpartisan local election administration and consolidating power to administer and determine elections results themselves,” the Voting Rights Lab reported.
Snead is a former senior policy analyst with the Heritage Foundation where he developed its Election Fraud Database, which the Brennan Center for Justice says “grossly exaggerated” the extent of voter fraud.
Torchinsky is general counsel for the National Republican Redistricting Trust and has been defending ALEC against CMD’s state complaints alleging that ALEC illegally gave sophisticated voter management campaign software linked to the Republican National Committee to its legislative members.
Goodman is an elections attorney and a former Republican chairman and commissioner of the Federal Election Commission (FEC) between 2013 and 2018.
Jessica Anderson, the executive director of Heritage Action, and Ken Blackwell, executive director of the MAGA voter suppression center at America First Policy Institute led another legislative session on “securing absentee ballots.”
Anderson bragged to Heritage donors in April that policies, “severely restricting mail ballot drop boxes” and “preventing election officials from sending absentee ballot request forms to voters” were among recommendations Heritage gave Georgia for its massive voter suppression bill.
Blackwell’s Center for Election Integrityrecently published a “Top 25 Common-Sense State Election Integrity Reforms” fact sheet that includes these Heritage recommendations alongside other extreme voter suppression wish-list items, such as eliminating no-excuse absentee ballots and requiring an affidavit for absentee applications.
Blackwell also moderated a panel at the Academy with state legislators “discussing election challenges they’ve faced in their own states.”
Another panel over breakfast covered “things to consider with implementation of laws” related to election day voter registration, “election observer protections,” and organizing seniors to work the polls. Chairman of the U.S. Election Assistance Commission Donald Palmer, a Trump appointee, and Cleta Mitchell, chair of the Conservative Partnership Institute’s Election Integrity Network, led the session.
Mitchell is a Big Lie fueler and Trump legal advisor who lost her job at Foley & Lardner following news that she participated in a January call in which Trump asked Georgia election officials to “find” enough votes to make him the winner of the state’s electoral votes.
“On Dec. 30, Cleta Mitchell wrote to White House Chief of Staff Mark Meadows and offered to send some 1,800 pages of documents purporting to support claims of election fraud,” The Washington Post Magazine reported. Meadows is now a colleague of Mitchell’s at the Conservative Partnership Institute.
Three Republican secretaries of state, Tennessee’s Tre Hargett, Kentucky’s Michael Adams, and West Virginia’s Mac Warner, spoke on a panel about “what policies the states need to employ to make it easier to vote and harder to cheat.”
“Easier to vote and harder to cheat” has been a favored talking point of Republicans in recent years.
All three are active in the Republican Secretaries of State Committee (RSSC), with Hargett serving as chair and Adams as vice chair. Republican secretaries of state produced a report on “Best Practices for Making It Easier to Vote and Harder to Cheat” for the Republican State Leadership Committee, obtained by CMD.
The RSSC holds monthly calls that Commissioner Palmer often attends. Secretary Warner and Palmer also participated in an “off-the-record” Election University session on June 21 as part of the U.S. House GOP’s “Faith in Elections Project,” as first reported by CMD.
ALEC Lawmakers Consider Litigation
ALEC’s Academy featured two panels on litigation. The first dealt with “anticipating challenges to the Voting Rights Act in Arizona,” legal challenges mounted by Democratic voting rights attorney Marc Elias, and redistricting fights, and was led by with Republican lawyers Torchinsky, Michael Thielen, and Brian Barnes.
Thielen is the executive director of the Republican National Lawyers Association and served on the national board of Lawyers for Trump in 2020. Barnes was involved in legal challenges to changes in voting procedures in North Carolina and Pennsylvania last fall.
Goodman and Utah’s former Solicitor General Tyler Green led the second panel on “operationalizing litigation challenges.” Noted in the description of the panel are “ways to challenge the scope of litigation attacks on new election integrity legislation (defense) as well as advance the ball on election integrity (offense).”
As of Oct. 3, “at least 43 voting cases have been filed in 12 states, and Georgia and Texas lead the way with ten new lawsuits each in 2021,” the Brennan Center reports.
Training Sessions on “the Left”
Two trainings focused on “the Left” filled out the remaining agenda at the ALEC Academy. Hans von Spakovsky, senior legal fellow and manager of the Heritage Foundation’s “Election Reform Initiative,” and Ken Cuccinelli, former Trump staffer and chairman of the Election Transparency Initiative, led a session focused on “the Left’s attack on our election system” through “state-level attacks on election integrity legislation” and HR 1, the sweeping voting rights and campaign reform bill pending in Congress....Spakovsky, who was appointed by Trump to his voter fraud myth from the Right for well over a decade.president of the Scott Walter gave the keynote for a “Mapping the Left Lunch.” Walter and CRC received funding from the Bradley Foundation... ;inspired by CMD’s SourceWatch, called “Influence Watch.” The site was “constructed in partnership with Berman and Company,” run by PR spin doctor Richard Berman, and in collaboration with ALEC.