By Julie Tsirkin and Sahil Kapur - NBC News
WASHINGTON - Democrats are about to face yet another test of filibustering - a parliamentary objection tactic that has led to the need for 60 votes to pass some laws in the Senate - sparked this time by a major electoral reform aimed at protecting the access to the vote and that on Tuesday he will enter a dead end in the Upper House, where they are tied 50-50 with the opposition, although the vice president, Kamala Harris, has a tiebreaker vote.
And it's not just Senator Joe Manchin, D-Washington, and Sen. Kyrsten Sinema, D-Arizona, who oppose rewriting Senate rules.
The two politicians, of moderate cut, have been the most explicit, but
the worst kept secret in Washington is that they are not alone
.
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Other Democrats have indicated in interviews that they are reluctant to end filibustering or that they prefer to make "reforms", within the conversation in Washington to maintain a supermajority to pass bills, even if it changes a little from the current rules of filibustering.
It's a harsh reality for progressives, both inside and outside the Senate, who expected their party to be provoked to end filibustering and pass legislation with a simple majority.
The Liberal Democrats' drumming grows louder each time a majority-supported bill fails in the Senate because of the 60-vote rule.
Critics of filibustering said it should be dropped after Republicans blocked a bill to create a commission to investigate the Jan.6 riots on Capitol Hill.
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That is likely to happen again this week with the Democratic voting bill, which has been rejected by the Republican Party and reflects a long list of liberal wishes and priorities.
This round will test senators who say they support voting law reform, but not the drastic step of ending filibustering for it.
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Among them is Sen. Mark Kelly, D-Arizona, who is not committing to changing the rules.
US Senator Joe Manchin, D-West Virginia, leaving the US Capitol following the last vote of the day in the Senate in Washington DC on June 10, 2021. Kevin Dietsch / Getty Images
"What I am open to is considering any proposed rule changes. And I will ultimately make a decision based on whether I feel this is in the best interest of the state of Arizona and the country," he said.
"And I'm not looking for something that is best for the Democrats," he concluded.
Sen. Maggie Hassan, D-New Hampshire, wants reform, not elimination.
"I have spoken of the importance of reforming it. I think it is vitally important that it is not abused and I think we are having these discussions at this time," he said.
'A tool just to clog'
The voting bill was approved by the House of Representatives and would overturn restrictive voting laws in Republican-led states like Georgia and establish universal requirements, such as 15 days early voting in each state.
"I'm still in that position," Senator John Hickenlooper, D-Colorado, said when asked if he supported the preservation of filibustering.
"But I think that, like many people, I have frequent debates," he added.
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Hickenlooper, a Senate freshman and former Colorado governor, said he receives advice from other governors, including former Gov. Phil Bredesen, D-Tennessee, who said he laid out the reasons for ending filibustering in a recent conversation.
A woman walks past a voting sign at City Hall in Miami Beach, Florida, on Oct. 19, 2020. Eva Marie Uzcategui / AFP via Getty Images
"He was talking about how it hasn't been one thing to help the minority make their voice heard, it has become a tool just to obstruct," Hickenlooper explained.
Institutionalist veterans such as Senator Dianne Feinstein, D-California, and Senator Patrick Leahy, D-Vermont, have not said whether they would support the abolition of filibustering.
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The progressives hope that if they can convince Manchin and Sinema, the other skeptics will not be a problem.
"There are clearly a number of senators who are reluctant to change the rules
, but who have also made it clear in recent months that they are frustrated with the status quo and will not accept inaction forever," said the former Democratic leadership aide. Eli Zupnick.
he is now a spokesperson for Fix Our Senate, a coalition of dozens of liberal advocacy groups.
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"So we are very hopeful that once the caucus makes a decision and has Senator Manchin and Senator Sinema on board, the rest of the caucus will be on board and make the necessary changes to make the Senate work," he said.
A blockade of electoral reform is likely to persuade some Democrats to remove the supermajority threshold, including Senator Jacky Rosen, D-Nevada, who said, "If eliminating filibustering is what it takes to do it, then we must protect our democracy at all costs. "
Senate Minority Leader Mitch McConnell said Thursday that "all Republicans" will oppose the ballot bill in its current form, even with the changes Manchin has proposed to seek consensus.
McConnell, pointing to the most common criticism of the bill, said it would federalize the elections and divert control of the process from the states.
McConnell, who killed the filibusters by confirming Supreme Court justices when he ran the Senate, would raise a strong objection to any attempt to weaken the 60-vote rule to pass bills.
He maintains a tight grip on his conference and has persuaded Republicans not to provide the 10 votes necessary to pass important laws, such as the January 6 commission of inquiry and the Fair Pay Act.
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And while Democrats say their voting bill is necessary to save democracy, conservatives reply that rewriting electoral rules on the party's ideological foundations would only damage public confidence in the elections.
"What we are talking about is not just Senate procedure, it is a total takeover of our elections, which will ultimately destroy the confidence of the American people in fair elections," said Jessica Anderson, executive director of Heritage Action for America.