Category Archives: Election Meltdown

GOP Plans to Contest Swing-State Elections, on Tape

chicanery, Election Meltdown, election subversion risk, political polarization

Politico’s Special Report describes the GOP plan for Michigan, which centers on recruiting activists primed to believe election fraud lies as poll workers and connecting them directly to movement lawyers. This appears to be the party’s playbook for other swing states as well.

“Being a poll worker, you just have so many more rights and things you can do to stop something than [as] a poll challenger,” said Matthew Seifried, the RNC’s election integrity director for Michigan, stressing the importance of obtaining official designations as poll workers in a meeting with GOP activists in Wayne County last Nov. 6. 

. . . .

Seifried also said the RNC will hold “workshops” and equip poll workers with a hotline and website developed by Zendesk, a software support company used by online retailers, which will allow them to live-chat with party attorneys on Election Day. In a May, 2022 training session, he said he’d achieved a goal set last winter: More than 5,600 individuals had signed up to be poll workers and, several days ago, he submitted an initial list of more than 850 names to the Detroit clerk.

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“One Colorado Race Will Be About Voters’ Faith in Elections. It’s Not Looking Good.”

election administration, Election Meltdown, election subversion risk

Jennifer Oldham (in Politico) writes this long profile of the struggles facing Colorado’s State Secretary of State.

“Election officials overall, 80 percent of whom are women, reported election misinformation makes their jobs more dangerous, according to a Brennan Center survey of nearly 600 workers.

. . . .

Now, Griswold and other secretaries of state find themselves in a quandary; if they push back on these attacks — on themselves and the voting process in their states — with legislation, their responses are often seen as partisan, too.

Griswold’s office backed a slate of measures, including the law enforcement protection bill. For now, she relies on private guards paid for by her department’s cash fund. Her agenda also included bills that fortify security for poll workers, such as a “Vote Without Fear Act.” The measure, signed recently by Democratic Gov. Jared Polis, bans the carry of a concealed weapon within 100 feet of a drop box or voting center.”

For more on Jocelyn Benson’s (Michigan) experience there is this segment from NBC, which opens “President Donald Trump suggested in a White House meeting that she should be arrested for treason and executed.” Here is a profile of the Republican challenging her.

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“Inside the push that landed a Trump legal adviser on a federal election advisory board”

chicanery, Election Assistance Commission, Election Meltdown, election subversion risk

CNN reports on how individuals who promote baseless voter fraud claims have been promoted for seats on an Advisory Board to the Election Assistance Commission.

“Emails obtained by CNN reveal how the push extended to a federal election advisory board and resulted in the 2021 appointment of one of Trump’s legal advisers who helped his failed efforts to pressure Georgia officials into overturning the state’s election results.The emails, obtained by CNN through a Freedom of Information Act request, show conservatives were working even before the 2020 election to gain a seat for an ally on the advisory board of the Election Assistance Commission, an independent government agency that provides voluntary election guidelines for states.

The story of how Cleta Mitchell — the legal adviser who took part in Trump’s phone call where he asked Georgia’s secretary of state to “find” enough votes for him to win — was appointed to that board underscores how a core faction of Republicans has focused on pushing unsupported claims of widespread voter fraud even before Trump convinced much of the Republican Party to buy into his election lies that the 2020 election had been stolen.”

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“How Trump’s 2020 Election Lies Have Gripped State Legislatures”

chicanery, Election Meltdown, election subversion risk

N.Y. TImes has a new analysis of Trump’s hold over elected officials in the battle-ground states. Support for 2020 election lies is quite strong (44% overall), still the Times notes that it is not unchecked (yet).

“The Times’s analysis also shows that these efforts have encountered significant resistance from key Republican figures, as well as Democrats.” In most states, the lawmakers who challenge the 2020 results do not yet have the votes. So while, they have advanced legislation, including to overturn popular election results, they have been unable to enact them. “And it is only a minority of Republican lawmakers who promote the legally dubious view that they—and not the votes of the people—can select the electors who formally cast a ballot for the president in the Electoral College.”

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“Eastman provides new details of Trump’s direct role in legal effort to overturn election”

Election Meltdown, election subversion risk

From Politico: Attorney John Eastman once again seeks to shield emails and other communication with former President Trump and allies from the select committee. The new filing reveals routine communication “with Trump either directly or via ‘six conduits’ during the chaotic weeks that preceded the Jan. 6 attack on the Capitol.”

The filing also describes the direct role of Trump himself in developing strategy, detailing “two hand-written notes from former President Trump about information that he thought might be useful for the anticipated litigation.” Those notes are among the documents Eastman is seeking to shield via attorney-client privilege. Eastman said he would also speak directly with Trump by phone throughout his legal challenges to the election.

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New Fox Poll Shows Kemp with Comfortable Lead in Polls

chicanery, Election Meltdown, election subversion risk

A new Fox News poll shows Republican primary voters supporting Brian Kemp by wide-margins. This strikes me as going to the point that it is easier to distrust “other” people’s election systems than one’s own. Even in a swing state, like Pennsylvania and Michigan, that is the case: It is the cities–with all the racial coding–that cannot be “trusted.” The article also reports: “Early voting started May 2 and Georgia voters are turning out in record numbers.”

“Incumbent Gov. Brian Kemp leads former Sen. David Perdue by a 32-point margin in the Georgia Republican gubernatorial primary race, tripling his advantage from March, according to a new Fox News Poll of Georgia Republican primary voters released Wednesday.

Sixty percent of Republican voters prefer Kemp, while 28% go for Perdue (it was 50% vs. 39% in March). Another 8% support either Kandiss Taylor (6%), Catherine Davis (1%) or someone else (1%). Only 3% are undecided.”

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Book Review: “Betrayal: The Final Act of the Trump Show”

chicanery, Election Meltdown, election subversion risk

The Washington Post reviews ABC newsman, Jonathan Karl’s Betrayal: The Final Act of the Trump Show.

“Karl’s sobering, solid, account of Trump’s last year in office sheds new light on how the man who lost the presidency nearly succeeded in overthrowing the 2020 election. Anyone who thinks that “it can’t happen here,” ought to read this book.”

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Must-Read Jane Mayer on Bradley Foundation Funding Behind Efforts to Undermine Election Integrity and Steal the 2020 Election for Trump: “The Big Money Behind the Big Lie”

Election Meltdown, election subversion risk, fraudulent fraud squad, The Voting Wars

No one connects the dots like Jane. What a story.

I’ll have more to say soon about the connection between the false claim that the election was stolen and reliance on the “Independent State Legislature” doctrine as briefly described by Jane.

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My New One in the NY Times on the New Danger of Election Subversion

Election Meltdown, The Voting Wars

I have written this NY Times oped. It begins:

A new, more dangerous front has opened in the voting wars, and it’s going to be much harder to counteract than the now-familiar fight over voting rules. At stake is something I never expected to worry about in the United States: the integrity of the vote count. The danger of manipulated election results looms.

We already know the contours of the battle over voter suppression. The public has been inundated with stories about Georgia’s new voting law, from Major League Baseball’s decision to pull the All-Star Game from Atlanta, to criticism of new restrictions that prevent giving water to people waiting in long lines to vote. With lawsuits already filed against restrictive aspects of that law and with American companies and elite law firms lined up against Republican state efforts to make it harder to register and vote, there’s at least a fighting chance that the worst of these measures will be defeated or weakened.

The new threat of election subversion is even more concerning. These efforts target both personnel and policy; it is not clear if they are coordinated. They nonetheless represent a huge threat to American democracy itself.

Some of these efforts involve removing from power those who stood up to President Donald Trump’s attempts to overturn the results of the 2020 election. The Georgia law removes the secretary of state from decision-making power on the state election board. This seems aimed clearly at Georgia’s current Republican secretary of state, Brad Raffensperger, punishing him for rejecting Mr. Trump’s entreaties to “find” 11,780 votes to flip Joe Biden’s lead in the state….

Combating efforts that can undermine the fair administration of elections and vote counting is especially tricky. Unlike issues of voter suppression, which are easy to explain to the public (what do you mean you can’t give water to voters waiting in long lines?!?), the risks of unfair election administration are inchoate. They may materialize or they may not, depending on how close an election is and whether Mr. Trump himself or another person running for office is willing to break democratic norms and insist on an unfair vote count.

So what can be done? To begin with, every jurisdiction in the United States should be voting with systems that produce a paper ballot that can be recounted in the event of a disputed election. Having physical, tangible evidence of voters’ choices, rather than just records on electronic voting machines, is essential to both guard against actual manipulation and protect voter confidence in a fair vote count. Such a provision is already contained in H.R. 1, the mammoth Democrat-sponsored voting bill.

Next, businesses and civic leaders must speak out not just against voter suppression but at efforts at election subversion. The message needs to be that fair elections require not just voter access to the polls, but procedures to assure that the means of conducting the election are fair, auditable and verifiable by representatives of both political parties and nongovernmental organizations.

Congress must also fix the rules for counting Electoral College votes, so that spurious objections to the vote counts like the ones we saw on Jan. 6 from senators and representatives, including Senators Josh Hawley and Ted Cruz, are harder to make. It should take much more than a pairing of a single senator and a single representative to raise an objection, and there must be quick means to reject frivolous objections to votes fairly cast and counted in the states.

Congress can also require states to impose basic safeguards in the counting of votes in federal elections. This is not part of the H.R. 1 election reform bill, but it should be, and Article I, Section 4 of the Constitution gives Congress wide berth to override state laws in this area.

Finally, we need a national effort to support those who will count votes fairly. Already we are seeing a flood of competent election administrators retiring from their often-thankless jobs, some after facing threats of violence during the 2020 vote count. Local election administrators need political cover and the equivalent of combat pay, along with adequate budget resources to run fair elections. It took hundreds of millions of dollars in private philanthropy to hold a successful election in 2020; that need for charity should not be repeated….

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Must-Read Nate Cohn: “Georgia’s New Law, and the Risk of Election Subversion”

cheap speech, Election Meltdown

NYT Upshot column:

What would have happened if the Georgia secretary of state, Brad Raffensperger, had responded, “OK, I’ll try,” in a January phone call after President Trump asked him to “find” 11,000 votes?

No one can be sure. What is clear is that the question has been overlooked in recent months. Public attention has mostly moved on from Mr. Trump’s bid to overturn the election; activists and politicians are focused more on whether to restrict or expand voting access, particularly by mail.

But trying to reverse an election result without credible evidence of widespread fraud is an act of a different magnitude than narrowing access. A successful effort to subvert an election would pose grave and fundamental risks to democracy, risking political violence and secessionism.

Beyond any provisions on voting itself, the new Georgia election law risks making election subversion easier. It creates new avenues for partisan interference in election administration. This includes allowing the state elections board, now newly controlled by appointees of the Republican State Legislature, to appoint a single person to take control of typically bipartisan county election boards, which have important power over vote counting and voter eligibility.

The law also gives the Legislature the authority to appoint the chair of the state election board and two more of its five voting members, allowing it to appoint a majority of the board. It strips the secretary of state of the chair and a vote.

Even without this law, there would still be a risk of election subversion: Election officials and administrators all over the country possess important powers, including certification of election results, that could be abused in pursuit of partisan gain. And it’s a risk that H.R. 1, the reform bill congressional Democrats are pushing, does relatively little to address.

This is an urgent topic that is analytically distinct from the voter suppression concerns with the Georgia law. Although Nate links here to my recent WaPo column on what to include in H.R. 1, and suggests that it is missing a requirement of “nonpartisan election administration,” I’m not sure that would be so easy for Congress to write in terms of the structure that would apply, and it would be much harder to implement than for the one time act of drawing legislative districts.

But I have written about this question in my book, Election Meltdown, and some other recent pieces of mine discuss this question of election subversion and what to do about it:

We Can’t Let Our Elections Be This Vulnerable Again (The Atlantic) (suggesting changes to the rules for counting and certifying electoral college votes)

Donald Trump Should Be Prosecuted for His Shakedown of Georgia’s Brad Raffensperger (Slate)

The Only Way to Save American Democracy Now (Slate)

Election law can’t protect democracy if our representatives are lawless (LA Times)

And much more about this coming in my other writings, including my forthcoming “Cheap Speech” book

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“No Evidence for Voter Fraud: A Guide To Statistical Claims About the 2020 Election”

Election Meltdown, fraudulent fraud squad

Andrew C. Eggers, Haritz Garro, and Justin Grimmer have posted this draft on Dropbox. Here is the abstract:

After the 2020 US presidential election Donald Trump refused to concede, alleging widespread and unparalleled voter fraud. Trump’s supporters deployed several statistical claims that supposedly demonstrated that Joe Biden’s electoral victory in some states, or his popular vote in the country, were fraudulently obtained. Reviewing the most prominent of these statistical claims, we conclude that none of them is even remotely convincing. The common logic behind these claims is that, if the election were fairly conducted, some feature of the observed 2020 election result would be unlikely or impossible. In each case, we find that the purportedly anomalous fact is either not a fact or not anomalous.

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“The Illiberalization of American Election Law: A Study in Democratic Deconsolidation”

Election Meltdown, Supreme Court

Very much looking forward to reading this from Jim Gardner:

For many years, the dominant view among American election law scholars has been that the Supreme Court’s constitutional jurisprudence of democratic practice got off to a promising start during the mid-twentieth century, but has since then slowly deteriorated into incoherence. In light of the United States’ recent turn toward populist authoritarianism, that view needs to be substantially revised. With the benefit of hindsight, it now appears that the U.S. Supreme Court has functioned, in its management of the constitutional jurisprudence of democracy, as a vector of infection – a kind of superspreader of populist authoritarianism.

There is, sadly, nothing unusual these days about an apex court reinterpreting a formerly liberal constitutional jurisprudence to support a populist authoritarian regime. Typically, however, constitutional courts pivot toward authoritarianism suddenly, after they have been captured through aggressive court-packing or coercive threats and intimidation. In the United States, however, federal courts retain real independence, and the process of illiberalization has been correspondingly slower and less immediate. In particular, the U.S. Supreme Court has slowly illiberalized American election law in a two-stage process: first, by deconsolidating a liberal jurisprudence into incoherence; and then by reconsolidating it into a form more conducive to authoritarianism. The main strategy by which this has occurred has been an increasingly aggressive deployment of an ever narrower palette of individual rights, gradually narrowing a complex and conceptually rich jurisprudence to a single dimension – a judicial strategy that, in its radical anti-pluralism, is deeply populist, fundamentally illiberal, and profoundly destructive of the inherited liberal democratic settlement of the late twentieth century.

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“Extremists Emboldened by Capitol Attack Pose Rising Threat, Homeland Security Says”

chicanery, Election Meltdown

NYT:

Warning that the deadly rampage of the Capitol this month may not be an isolated episode, the Department of Homeland Security on Wednesday said publicly for the first time that the United States faced a growing threat from “violent domestic extremists” emboldened by the attack.

The department’s terrorism alert did not name specific groups that might be behind any future attacks, but it made clear that their motivation would include anger over “the presidential transition, as well as other perceived grievances fueled by false narratives,” a clear reference to the accusations made by President Donald J. Trump and echoed by right-wing groups that the 2020 election was stolen.

“D.H.S. is concerned these same drivers to violence will remain through early 2021,” the department said.

The Department of Homeland Security does not have information indicating a “specific, credible plot,” according to a statement from the agency. The alert issued was categorized as one warning of developing trends in terrorism, rather than a notice of an imminent attack.

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