CHARLESTON – Now that the compromise voting rights legislation championed by Sen. Joe Manchin has been defeated, one election law expert says Manchin’s stance on the filibuster becomes even more important.
Harmeet K. Dhillon, a nationally recognized election law attorney, says the elimination of the Senate filibuster would mean any voting rights legislation passed likely would be much more extreme than Manchin’s compromise Freedom to Vote Act.
“The bill that would be considered would be much worse,” Dhillon told The West Virginia Record. “The one he said publicly he didn’t want. They could go extreme. Election reform has been a high priority for Democrats for more than a generation now.
Manchin
“So, 2021 – with all of the hype from the 2020 election, a Democratic majority in house, an even senate – was their best chance to pass this legislation. And it failed to get a single Republican vote on even the compromise bill supported by Manchin, even though it was very similar to the radical version originally pushed.”
Dhillon, a Republican and opinion writer for Fox News, said the prospects for Democrats don’t look great for next year’s midterm elections.
“But to hold the Democratic base together and holding off attacks from left, they have to continue to push through midterms,” Dhillon said. “And, they still will be trying to peel off Republican support with a watered-down version that gives the federal government some control over elections.
“But, Republicans and moderate Democrats will hold the line and insist that, like the Constitution says, state legislatures make state election laws.”
Current Senate filibuster rules permit senators to speak for as long as they wish, and on any topic they choose, until "three-fifths of the Senators duly chosen and sworn" vote to close debate by invoking cloture.
For months, liberal Democrats have pushed Manchin to consider altering or ending the filibuster, but Manchin has been steadfast in his support of maintaining the filibuster.
Manchin also wants voting rights reform, and he says the change needs to be bipartisan. But on October 20, all 50 Republican senators voted to filibuster the Freedom to Vote Act, which essentially was Manchin’s voting rights reform bill.
A vote could happen as early as next week on the John Lewis Voting Rights Advancement Act, a similar bill. It likely will have a similar fate as well.
Meanwhile, two other Democratic senators – Maine’s Angus King and Montana’s Jon Tester – recently have said they’d consider filibuster reform after previously being against such a move.
“Eliminating the filibuster would definitely be a game-changer,” Dhillon told The Record. “So, pray for the health of Democrats standing up for history against the notion that the brute force of a single vote can change things in the Senate.
“Democrats have more than one vote to flip to make it happen, and politicians like to be re-elected. In swing states, this vote could be a career killer.”
Dhillon said she doubts Manchin would want his legacy to be changing the filibuster rules.
“I know that if this passes, it’s going to turn out the vote for Republicans in 2022,” Dhillon said. “All of the right-wing hysteria of the last few elections is going to pale in comparison to Republicans hearing the call to get out and vote.
“And if I’m Chuck Schumer and Nancy Pelosi, I don’t want this as a rallying cry for the right. Republicans will be running on how bad the economy is, housing starts. It’s not a good scene in America right now. They (Democrats) don’t need to add to their pile, not to mention the litigation that will follow.”
Regarding election reform, Dhillon said Democrats can now say, “Look, we tried. But it didn’t succeed.”
“It’s a chess game, and I’m no chess master, but I do think the moment has passed for this legislation, “Dhillon said. “Republicans will have to remain very vigilant about it though. Sure, somebody could change their mind and switch. But can several of them? I doubt that would happen.”
“I for one am grateful for someone, like Senator Manchin, being objective. But again, I think this particular legislation seems to be dead on arrival. They all can say they tried.”