Democratic leaders claim that democracy and voting rights are under siege, vowing to enact protections for voters if they achieve sweeping victories in the upcoming election.

“It’s apparent that the voices of citizens are being stifled in our democracy, affecting our capacity to tackle numerous issues faced by the American public,” stated Senator Raphael Warnock of Georgia.

Vice President Kamala Harris, upon her presidential nomination, promised to enact two crucial voting rights measures if they successfully navigate Congress: the John Lewis Voting Rights Advancement Act, which updates the significant Voting Rights Act of 1965, and the Freedom to Vote Act, a comprehensive proposal aimed at enhancing voting access, regulating campaign finance, and redefining congressional district maps.

Since 2021, Democrats have endeavored to push these agendas through. “We are sworn to uphold the Constitution of the United States, and we will do that,” Harris expressed in Atlanta in 2022. “We will combat for our democracy. We will strive to ensure the most essential freedom — the right to vote.”

While versions of these bills passed the House two years ago, they were stalled in the Senate, failing to reach President Joe Biden’s desk due to the filibuster, which necessitates 60 votes to bypass. Although all 50 Democrats supported the proposed changes, Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona, who later left the party to become independents, resisted altering procedural rules to facilitate the bills’ passage.

“One of my top priorities, if we hold the presidency and the majority, is to reform the rules and implement both the Freedom to Vote Act and the John Lewis Act,” Senate Majority Leader Chuck Schumer shared at a Chicago panel, as reported by the Washington Post.

“This is essential for democracy,” Schumer reiterated to the Post regarding the two proposals. “This issue is fundamental; it’s central to everything.”

Achieving this agenda poses significant challenges, as Democrats need to reclaim the House from Republican control, maintain a Senate majority, and secure the presidency. The Senate presents their foremost hurdle with three Democratic seats up for election in states traditionally won by Republicans: Montana, Ohio, and West Virginia.

However, if the Democrats succeed, their proposed changes could represent the largest enhancement of voting rights in a generation. Below is a summary of their plans.

Reinstating Federal Preclearance

The bill named after civil rights leader and former Democratic Congressman John Lewis aims to restore significant elements of the Voting Rights Act of 1965 that have been dismantled over many years by court decisions. A crucial provision would require states with a history of racial voter suppression to obtain permission from the U.S. Department of Justice or a federal court before implementing new voting regulations.

This preclearance policy was intended to prevent discrimination before it occurred and played a vital role in dismantling laws from Southern states that effectively disenfranchised Black citizens. However, in 2013, the Supreme Court ruled that federal authorities could no longer apply outdated criteria to determine which states should be subjected to preclearance, suggesting that conditions were no longer “extraordinary” and these states did not require such “strong action.”

“This explains why there is a noticeable rise in voting discrimination and a growing divide in voter participation between white voters and voters of color,” explained Wendy Weiser, vice president of democracy at the Brennan Center for Justice, a nonpartisan organization committed to safeguarding voting rights. “[This stems from the fact that] we have lost the hard-won protections against voting discrimination established back in 1965.”

A study from the Brennan Center earlier this year indicated that, while overall voter turnout has seen an increase nationwide, the rise has predominantly been driven by white voters.

The difference in voter turnout between white and nonwhite voters grew from 10% in 2012 to 12% in 2020.

In Texas, after a key Supreme Court ruling in 2013, a photo ID law was quickly implemented, which was later deemed discriminatory by a federal court.

The Democratic proposal aims to establish a current methodology to identify areas needing preclearance based on recent discrimination evidence. The 2013 ruling indicated the previous criteria were meant to be temporary, lasting just five years, but they remained in place for nearly 50 years.

The Heritage Foundation, a right-leaning organization, urged legislators in 2022 to reject this legislation, arguing that it would enable the federal government to undermine voter ID laws and interfere with states’ rights to maintain their electoral integrity.

Addressing Gerrymandering

The Freedom to Vote Act targets the longstanding issue of gerrymandering, where politicians craft oddly shaped congressional districts to favor their party. Both major parties have employed this strategy, resulting in prolonged legal disputes over district maps.

While drawing maps with racial bias is illegal, the Supreme Court has allowed political advantage through map-making. This bill aims to outlaw partisan map design. Additionally, it would reinstate preclearance, requiring federal oversight of district boundaries in certain states before they can be implemented.

“While some districts will still lean heavily Democrat or Republican, this would prevent the current convoluted boundaries that fail to represent communities effectively,” stated Rep. Colin Allred, D-Texas, who played a role in the House passing the bill in 2021 and is now campaigning for Senate.

Allred noted, “What benefits one section of the district may not be advantageous for another, which goes against the essence of representation.”

The Brennan Center reports that 21 states have faced legal challenges to their congressional maps after redistricting in 2022. Most of these maps were drawn by Republicans to help their party, but gerrymandering allegations also emerged against Democratic-led states like New York. As of August, lawsuits were active in ten states.

In Alabama and Louisiana, states previously requiring preclearance under the former Voting Rights Act, legal arguments against gerrymandering claim it has resulted in the under-representation of Black voters. Consequently, the upcoming ballot on Nov. 5 will feature new majority-Black districts likely favoring Democrats.

Efforts to eliminate gerrymandering have had mixed results according to the Brennan Center. For instance, Ohio amended its constitution to tackle gerrymandering but still allowed politicians to draw district maps, resulting in Republican-favored districts deemed unconstitutional by courts. An anti-gerrymandering initiative will be on Ohio’s Nov. 5 ballot.

Voter Registration Improvements

The Freedom to Vote Act seeks to simplify the voter registration process, which is a prerequisite for participating in elections in almost every state. It proposes that motor vehicle offices automatically register individuals to vote unless they choose to opt out, rather than only at the time of obtaining a driver’s license.

The legislation would allow for same-day voter registration, eliminating state deadlines that could prevent individuals from voting if they decide to participate on Election Day or just before. Following the 2020 election, several states have shortened these deadlines as part of their election law amendments.

This proposal represents the most substantial enhancement of voter registration access since the implementation of the 1993 law that required states to permit registration at motor vehicle offices. However, since election administration has traditionally been managed at the local level, critics argue that this approach would constitute federal overreach.

Election reform expert Hans von Spakovsky from the Heritage Foundation criticized the plan, claiming it would “centralize and micromanage the electoral process overseen by the states, imposing burdensome, impractical, and potentially unconstitutional requirements.”

Weiser from the Brennan Center pointed out that automatic voter registration is a best practice already adopted in over half of the states, significantly boosting voter participation.

Weiser also highlighted an administrative advantage that has become a focal point for conservatives recently: maintaining accurate voter rolls. The automatic registration process is fully digital, placing the responsibility on the government to update records, rather than on individuals to submit their applications.

“This reduces errors that can occur from manual data entry, misreading of handwriting, or assistance during form completion,” she explained.