michael barbaro

From The New York Times, I’m Michael Barbaro. This is “The Daily.”

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Against the advice of public health officials and the wishes of its own governor, Wisconsin will hold its democratic primary today in the middle of a pandemic. Astead Herndon on how that happened. It’s Tuesday, April 7.

astead herndon

March was always going to be one of the most consequential months of the presidential election. By the time we get to the middle of March, though —

archived recording So here’s what we’re watching. Breaking news. Louisiana officially could become the first state to postpone its Democratic primary election over the coronavirus pandemic.

astead herndon

— it becomes clear that the coronavirus global health pandemic has really upended the race completely.

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astead herndon

After Super Tuesday, states that are scheduled to vote start postponing and sometimes outright canceling their scheduled primaries.

archived recording 1 Georgia becoming the second state to delay its presidential primary. archived recording 2 Kentucky announced that they’d delay their contest as well. archived recording 3 Ohio’s governor pushed back its primary just hours before polls were set to open. archived recording 4 Other states — Connecticut, Indiana and Maryland.

astead herndon

These are all states that said that the public health crisis was too great for them to hold in-person elections in March. But there’s one state that refuses to budge, even as public health officials are urging them and states across the country have taken that drastic step. It’s Wisconsin.

michael barbaro

And what explains that? What’s happening in Wisconsin?

astead herndon

Well, when most people look at these presidential primaries, particularly in a state like Wisconsin, they think that this is just about the two candidates at the top — Joe Biden versus Bernie Sanders, and who gets the delegates out of that. But the reason why Wisconsin was holding out and keeping its primary schedule was really to do with more state and local concerns. Initially, the Democratic governor, Tony Evers, and state Republican leaders were on the same page. They both agreed that the April 7 election should go forward. And they said so for a couple reasons. Not only had the virus not really ravaged the state in the same way that we have seen in other parts of the country at the initial time in March when they were making this decision, but they agreed on the importance of the state and local races that would be decided down ballot on the same day of the presidential primary.

archived recording (tony evers) I just want to make sure people understand the complexity of our spring general election. It’s not a primary election. It’s only a primary election for the presidential candidates.

astead herndon

Races like sheriffs and mayors and court judges. There’s a particularly important Supreme Court race that’s happening in the state. And both sides agreed that filling these roles was important for the continuance of state government.

archived recording (tony evers) How long do we potentially leave offices not filled because we’re into July and August and we haven’t held a general election?

astead herndon

And that’s why they proceeded with the primary.

archived recording (robin vos) You know, I want to give credit to Governor Evers. I agree with his decision to say that we are going to hold this election.

michael barbaro

Hm. So despite the risks of holding an in-person primary in the middle of a pandemic, despite the fact that many states are postponing these primaries, the Republican and Democratic officials in Wisconsin say that this is necessary for the functioning of their government?

astead herndon

Right. And that’s the position they held for about a week.

michael barbaro

And what happens after a week?

astead herndon

Well, kind of most clearly, the factors around the decision changed.

archived recording (tony evers) We need an all-hands-on-deck approach to stop the spread of Covid-19 in Wisconsin.

astead herndon

The pandemic becomes more acutely felt in the Midwest and particularly in Wisconsin.

archived recording (tony evers) And here is the bottom line — folks need to start taking this seriously. So today I’m asking for your help.

astead herndon

And the governor issues a stay-at-home order like many other governors did across the country and closes all non-essential businesses.

archived recording (tony evers) It’s not something I wanted to do, and it’s not something I take lightly.

astead herndon

And people across the state are starting to say, well, if we can’t leave our houses, how are we supposed to vote?

michael barbaro

Right. And what’s the answer?

astead herndon

The governor and state Republicans keep holding this line that voting was something that was so essential, that the primary was something that was so important, that they would try to find some workarounds that included expanding access to absentee ballots and encouraging people to use that measure. It included counties taking precautionary measures which include maybe drive-through voting or socially distanced lines. But besides all of these creative measures, there is an increasing fear, particularly among poll workers, that the election would be unsafe for them to staff. These are people who, 90 percent of them are senior citizens.

michael barbaro

Poll workers?

astead herndon

Mm-hmm. One of the most vulnerable population to this deadly virus. And they start dropping off, informing their local jurisdictions that they don’t think that they want to participate in the scheduled election. A survey from the Election Commission in the state showed that more than a hundred jurisdictions cannot adequately staff their polling locations, because they wouldn’t have the right poll workers to do so.

michael barbaro

Wow.

astead herndon

That becomes the first real point of pressure to say, how can this election go forward?

michael barbaro

So what do officials do in response to this severe shortage of poll workers?

astead herndon

Well, they go back to trying to find creative workarounds. So the first thing that some of the local jurisdictions do is close and limit their polling locations. Some of the more drastic examples include Milwaukee, the biggest city in the state, going from 180 polling locations, typically, down to just five or seven.

michael barbaro

And yet everyone still seems committed to holding this election?

astead herndon

They were, until the virus intensifies in the state and cases increase. As the deaths increase, that’s when you see a real shift from the governor.

archived recording (tony evers) Hi there, folks. Governor Evers here.

astead herndon

And it’s a big one.

archived recording (tony evers) So today, I’m asking the legislature to come together to take bipartisan action to ensure that every registered voter receives an absentee ballot to vote in the upcoming election.

astead herndon

He proposes a dramatic expansion in the state’s absentee ballot voting system, essentially making it a universal vote-by-mail system.

archived recording (tony evers) So I hope that the legislature will act swiftly to send absentee ballots to every single registered voter living in Wisconsin.

astead herndon

The state would mail 3.3 million eligible voters a ballot, whether they requested it or not. And that represents a real change in how kind of the electoral process would work throughout the state.

archived recording (tony evers) This is not a Republican issue or a Democratic issue. This is an issue of democracy. I don’t care who gets the credit. I just want to make sure that everyone has a chance to cast their ballot this April. Thanks for watching, and let’s get it done, folks.

astead herndon

And that’s when we really see the partisan pushback start.

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What began as a Democratic governor and a Republican state legislature that were basically on the same page has now devolved into what is, by all accounts, a partisan bloodbath. From the moment that Evers proposes that every person would be mailed a ballot whether they ask for it or not, Republicans go haywire.

archived recording Right now, Senate Majority Leader Scott Fitzgerald is calling this idea a fantasy. archived recording (scott fitzgerald) Yeah, this has probably been my biggest disappointment so far in working with the administration since this all happened.

astead herndon

They say that this is not only logistically impractical —

archived recording (scott fitzgerald) It was completely disingenuous for the governor to tape a video and post it as if this was reality. To float the idea that they were going to find enough outer envelopes, ballots themselves, inner envelopes with first class postage, and mail it out to 3.3 million people in Wisconsin is completely made up.

astead herndon

— but also kind of morally and democratically wrong.

archived recording (scott fitzgerald) You know, that happens sometimes, I guess, if you’re feeling pressure from one of your own special interests or from the party themselves. But —

astead herndon

And Evers knows that state law does not allow him to kind of unilaterally make huge changes in how Wisconsin runs the election.

archived recording (tony evers) Folks, I can’t move this election or change the rules on my own. My hands are tied.

astead herndon

He needs the help of the legislature. And so one of the measures he tries to do is call a special session of the legislature, and encourage them to delay the election and implement changes that would allow every person to be able to vote without going in person.

archived recording (tony evers) I urge the legislators to take this call for a special session seriously.

astead herndon

It doesn’t go well. The legislature gavels in a session this past Saturday.

archived recording (legislature) April 2020, special session of the Senate will come to order. With no objection, the April 2020 special session will stand adjourned until Monday, April 6.

astead herndon

And less than a minute later —

archived recording (legislature) April 2020, special session is adjourned.

astead herndon

— gavels out.

michael barbaro

Whoa.

astead herndon

This is kind of an extraordinary move by the legislature to really thumb their nose at the power of the executive and the governor. The biggest elected official in the state has called them into session and said, take up this issue. And they basically start the session and end it without doing what he asked.

michael barbaro

So the Republicans do not grant the governor his wish for a mail-in balloting system?

astead herndon

Right.

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michael barbaro

Astead, why is it that Wisconsin has so quickly erupted into a really nasty partisan battle over something as seemingly basic as making sure people can vote safely in a primary election? I mean, that would seem to be in everyone’s bipartisan interest to protect life, right? I mean, Democrats and Republicans will be casting ballots.

astead herndon

It would seem as if safe voting and public health would be an issue in which partisanship would be left to the side and that Democrats and Republicans can agree on the best way to move forward. But in Wisconsin, there is no issue in which that can be left aside. What we see is a state that has become so deeply wrested by Republican control that even something like safe voting turns into a mud fest. And for this governor, for the Democratic governor Tony Evers, that’s been clear since the day he was elected.

michael barbaro

We’ll be right back.

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michael barbaro

Astead, where does this political dysfunction that you’re describing in Wisconsin, where does that start?

astead herndon

Well, the state is one that is unique in its political history.

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archived recording Few places reflect the growing political chasm in the U.S. as does the state of Wisconsin.

astead herndon

Wisconsin was a united Republican government under Scott Walker —

archived recording Republicans won everything in Wisconsin in 2010.

astead herndon

— from 2010 until 2018.

archived recording They won the legislature. They won this Republican majority in Wisconsin.

astead herndon

And this wasn’t just a Republican government that passed kind of conventional conservative bills. This was seen as really a laboratory of conservative ideas.

archived recording Governor Scott Walker is the man at the center of a bitter fight that has cleaved Wisconsin like a block of its best cheddar cheese.

astead herndon

And so we saw a government that targeted teachers unions, that seized power on key boards, and really kind of had a wish list of conservative ideas nationally playing out in the state.

archived recording He proposed slashing spending, raising no taxes, and most controversial of all, sharply curtailing public employee’s right to collective bargaining.

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astead herndon

Even as the state voted for Barack Obama twice —

archived recording Incumbent Republican Governor Scott Walker has won his re-election bid.

astead herndon

— they kept winning.

archived recording For the third time in four years, Republican Scott Walker has won a statewide election for governor.

astead herndon

So by the time you get to 2018 —

archived recording Major shift happened overnight. Wisconsin voters, you’ve elected a Democrat as governor.

astead herndon

— when Walker loses his re-election bid to Tony Evers —

archived recording The race was almost too close to call. But overnight, Democrat Tony Evers narrowly beat out G.O.P. incumbent Scott Walker, denying him a third term.

astead herndon

— Republicans in the state legislature have already learned a lesson from the years prior, that it’s more important to wield power than it is to be seen as a political compromiser.

michael barbaro

So how does that play out when all of a sudden there is a Democratic governor in Evers, who I assume wants to start making compromises with the Republican legislature?

astead herndon

The Republicans make clear that that is not what they’re interested in.

archived recording 1 Republicans, stung by their losses in the midterms, are moving forward with last ditch efforts to hang onto power. It’s happening in at least two swing states, Wisconsin and Michigan. archived recording 2 The country is really watching this morning as lawmakers here in Wisconsin work through the night to amend and vote on a number of bills.

astead herndon

So in a special session that happens before Evers takes office, Republicans do a kind of classic power grab.

archived recording Wisconsin’s Republican-controlled legislature passed a series of bills late Wednesday night that would limit the powers of incoming Democratic governor Tony Evers.

astead herndon

They pass a number of bills that limit the power of the incoming Democratic governor and take away things that were available to his Republican predecessor.

archived recording Now the bills would put lawmakers in charge of litigation, which would effectively block incoming Democratic Governor Tony Evers and the Democratic Attorney General-elect from withdrawing the state from a lawsuit to overturn Obamacare.

astead herndon

So Evers would not have the power to make key appointments.

archived recording And another bill would require the governor to get permission from the legislature to ban guns.

astead herndon

Evers would not have the power to regulate guns in the same way that existed for his predecessor. They also limit early voting, which is a kind of tool of access to the ballot box that has sometimes helped Democrats, because more people in bigger areas can get to the polls. These were all really nakedly partisan, and Republicans didn’t really even try to hide it.

archived recording (robin vos) We don’t want to usurp his power. That’s never been our goal. Our goal is just to guarantee that we have an opportunity to sit at the table, negotiate and do it fairly. archived recording It puts us on an equal playing field as the legislature, and I think that’s a positive step for the state of Wisconsin.

michael barbaro

So that is the political backdrop, you’re saying, for this current battle over how to hold a primary in the middle of a pandemic?

astead herndon

Yeah. It is that sense of affirmation, the sense of rightness that Republicans enter into Evers’s administration with, and it allows them to openly flout the typical means of political pressure that the governor tries to put on them around the election.

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archived recording The legislature — they came in, the gaveled in for about 10 seconds, gaveled out and they moved on. They said that was not a serious proposal and said the time for proposals like that was several weeks ago when the crisis began.

michael barbaro

So what happens after that special session, that minute-long special session about the election?

astead herndon

Well, there’s been a significant amount of legal legislation that has surrounded all of this political action.

archived recording 1 So much going on here at the State Capitol today. archived recording 2 Let’s break down and give you a brief summary of what happened today, because it’s been a wild day politically.

astead herndon

There was a court ruling that basically affirmed that the Republicans probably have control over when the election should be held, but the ruling expanded access to absentee voting. Republicans appealed that straight to the U.S. Supreme Court. And then on Monday —

archived recording 1 It started with Governor Evers issuing an executive order, pushing back the spring election from tomorrow to June 9. archived recording 2 This morning, Governor Tony Evers issued an executive order to postpone tomorrow’s election due to Covid-19 concerns. archived recording (tony evers) The bottom line is that I have an obligation to keep people safe.

astead herndon

— the governor makes his most drastic step, unilaterally postponing Tuesday’s election until June, claiming that he has the emergency powers to do so. This is a affront to the Republicans.

archived recording Republican legislators mounted a legal challenge immediately.

astead herndon

And they immediately initiate emergency legislation, going straight to the Wisconsin Supreme Court, saying that the governor does not have the right to do this.

archived recording And just about an hour ago, the State Supreme Court issued its ruling, saying that indeed, the election will happen tomorrow.

astead herndon

And the court agreed with him, ruling just hours later that the governor did not have the power to postpone the Tuesday primary, meaning the election will go on in person today.

michael barbaro

You know, Astead, I’m struck by the fact that earlier on, you told us that Democrats and Republicans in the state, they had basically been on the same page about this primary until the virus gets worse and the governor advocates for a different kind of voting system through absentee ballots. And then it all breaks down, and Republicans are attempting at every turn to block him now in court. And how do you explain that? I mean, how do Republicans in the state legislature explain that?

astead herndon

Republican county chairs and folks in the state legislature say a couple things. The first is that their position hasn’t changed. They thought the governor didn’t have the power then, and they don’t think he has the power now to change how the election is run. The other point is that they see Wisconsin, again, as a microcosm of the conservative fight that could happen largely, and what could be a new reality of how American elections are run in this pandemic era. And in that view, dramatically expanding the electorate in these ways are not something that Republicans are all that keen on. Because what they’re worried about is an election in which people who may not have participated, or may not have come out, all of a sudden have the opportunity to do so and to cast a ballot. And that kind of changes the center of power within the state.

michael barbaro

What do you mean?

astead herndon

If people participate in different numbers, in bigger numbers, if it changes the type of people who want to participate in the spring election that’s not necessarily always seen the biggest turnout, that changes who can win.

michael barbaro

And who has benefited from those systems in the past, and who might benefit if they were to change along the lines of what Governor Evers is asking for?

astead herndon

It’s hard to say exactly, because we’re talking about an unprecedented situation. But we do know that the people who are typically benefited from early voting, from early registration, from online registration, or a vote-by-mail are people who usually don’t participate in the process — younger voters, minority voters, people that lean Democratic. And just in the ways that Republicans limited early voting in that special session they had after Evers won, it’s the same thought process. That when more people get involved, when people who typically sit out get involved, that helps Democrats.

michael barbaro

Mm. Do Democrats acknowledge that an absentee balloting system that is suddenly much more widespread than it has been in the past would be advantageous to them in Wisconsin?

astead herndon

They principally try to appeal to voters using small “d” democratic ideals — the general, basic American principle that everyone should be given the easiest access to vote. They try to appeal to people through public health measures, noting how unsafe it is for people to gather at polls. But when you ask folks in Democratic circles, they know that when the electorate expands, particularly in national and statewide elections, that’s usually good news for Democrats.

michael barbaro

It’s interesting. This is not just a debate about how to vote in a pandemic, although clearly that’s what’s driving a lot of this. But in the background, from what you’re saying, is this other question, which is whether the systems needed to vote during a pandemic may fundamentally change who votes, how many people vote and which party wins.

astead herndon

Exactly. This is not just about public health. This is about access to power and the kind of most basic fundamental principles of democracy. If the system that we have been traditionally used to can’t hold, what replaces it? And we’ve seen real resistance to that in this state, and we may see that resistance all across the country.

michael barbaro

Well, why would you say that? Because it’s very tempting to see this story as an anomaly, right, in that the governor of Wisconsin waited a very long time to try to postpone the state’s primary — perhaps too long — and the state legislature is this hyper-partisan, conservative, activist body that is trying to use its power for political advantage. So all those factors would seem to make Wisconsin a bit of an outlier.

astead herndon

Well, what may seem like an anomaly right now might actually just be a pacesetter. And this could be a preview as to what comes for state after state. If you are a place like Georgia or Louisiana or Ohio that has functionally delayed its election by three, four weeks, and if this virus persists to that time, there will still be questions about whether it is safe to hold in-person balloting then.

michael barbaro

Right.

astead herndon

And when those questions come and the remedies are proposed, whether it’s online or vote-by-mail or the like, these same struggles of power will persist. And we will see factions emerge that question whether the new systems are fair and who politically benefits from them.

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michael barbaro

Astead, thank you very much.

astead herndon

Thank you.

michael barbaro

On Monday night, the U.S. Supreme Court sided with Republican lawmakers in Wisconsin, who had opposed extending the deadline for absentee ballots in today’s election. In a 5-to-4 ruling, the court’s conservative justices wrote that such an extension, quote, “fundamentally alters the nature of the election,” and said that all absentee ballots must be postmarked by 8:00 p.m. Tuesday night. Polls in Wisconsin are scheduled to open at 7:00 a.m. this morning, but it’s unclear how many poll workers will show up, how many polling stations will be open, and what kinds of protections will be in place to limit the spread of the coronavirus during in-person voting. Meanwhile, the virus continues to spread across Wisconsin. As of Monday, the state reported nearly 2,500 infections and 77 deaths. We’ll be right back.

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michael barbaro

Here’s what else you need to know today.

archived recording (donald trump) I also want to send best wishes to a very good friend of mine and a friend to our nation, Prime Minister Boris Johnson. We’re very saddened to hear that he was taken into intensive care this afternoon, a little while ago.

michael barbaro

On Monday, British Prime Minister Boris Johnson, who tested positive for Covid-19 10 days ago, was moved into the intensive care unit of a London hospital after his condition worsened.

archived recording (donald trump) Americans are all praying for his recovery. He’s been a really good friend. He’s been really something very special — strong, resolute, doesn’t quit, doesn’t give up.

michael barbaro

In a statement, Johnson insisted he remained in charge of the British government, but said he had deputized his foreign minister to act in his place when necessary. Meanwhile, Iran, an epicenter of the virus in the Middle East, said it would lift a nationwide shutdown of businesses and allow the majority of its workforce to return to work later this week.

archived recording (hassan rouhani) [SPEAKING FARSI]

michael barbaro

Iran’s president, Hassan Rouhani, said it was important for economic activity to resume —

archived recording (hassan rouhani) [SPEAKING FARSI]

michael barbaro

— despite fears that it could lead to greater levels of infection.

archived recording (hassan rouhani) [SPEAKING FARSI]

michael barbaro

And in the U.S., the death toll surpassed 10,000 people and congressional leaders began talks about a second economic relief package that House Speaker Nancy Pelosi predicted could cost more than $1 trillion.

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