Category Archives: election subversion risk

“Ford Foundation’s New Leader Vows to Protect Elections and the Rule of Law”

Adam Liptak profile for the NYT:

The Ford Foundation, the nearly 90-year-old international philanthropy, is now in the cross hairs of the Trump administration, which has called for scrutiny of the organization as part of a broad crackdown on the left.

In her first interview in her new role, the incoming Ford Foundation president, Heather K. Gerken, said Friday that the foundation, which has a long history of supporting social justice and civil rights initiatives, was undeterred.

Her central priority, she said, was “defending the rule of law and protecting our election system.”…

Vice President JD Vance, himself a Yale Law alumnus, has long been a harsh critic of philanthropies that he said support liberal causes, and of the Ford Foundation in particular.

“Why don’t we seize the assets of the Ford Foundation, tax their assets and give it to the people who’ve had their lives destroyed by their radical open-borders agenda?” he mused in 2021 as a Senate candidate.

He has not let up. In September, Mr. Vance denounced the foundation by name in the aftermath of the assassination of the conservative activist Charlie Kirk, suggesting the administration could go after its nonprofit tax status.

Asked about Mr. Vance’s comments, Ms. Gerken responded with a history lesson.

“When the Ford Foundation funded the civil rights movement, it was a source of controversy,” she said. “It was incredibly important that we were protected in doing that work. When the Ford Foundation stood up to protect free speech and dissent during the McCarthy era, it was incredibly important that we had the right to do that.”…

Ms. Gerken, for her part, insisted that protecting democracy is a nonpartisan goal.

“No one believes that an election system should not be free and fair,” she said. “No one believes that people should not have the right to speak. These are the bedrock commitments of any democracy, and it’s really important to hold fast to them.”

Asked for practical examples of what the foundation’s emphasis on protecting democracy would entail, Ms. Gerken pointed to securing the infrastructure of elections.

“We’re going to do everything we can,” she said, “to protect the ability of election administrators to carry out a free and fair elections, to make sure that every citizen has an opportunity to vote without fear or intimidation and that those votes are properly counted.”…

Ms. Gerken’s fellow election-law specialists said she faces a daunting task.

“The institutions of American democracy are being torched right now,” Professor Persily said. “The question for all of us working in the democracy space is to consider new institutions that might be built from the ashes.”

Pamela Karlan, another voting rights specialist at Stanford, said Ms. Gerken might set an example.

“The Ford Foundation could be a real leader in getting other parts of civil society to start speaking up and pushing back,” she said. “That’s already starting, but there isn’t a clear focal point and she might provide that.”

Ms. Gerken said she also took a long view.

“There isn’t just the work of now, of this moment, which is incredibly important,” she said. “We are also going to need to dream a new democracy into existence.”….

I’m so glad to see Heather in this role, and Ford’s commitment to helping safeguard American democracy. We in this struggle need all the help we can get.

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“Trump escalates demands for 2020 election investigations and prosecution”

WaPo:

President Donald Trump is dialing up pressure on the Justice Department to freshly scrutinize ballots from the 2020 election, raising tensions with administration officials who think their time is better spent examiningvoter lists for future elections.

In recent private meetings, public comments and social media posts, Trump has renewed demands that members of his administration find fraud in the five-year-old defeat that he never accepted. He recently hired at the White House a lawyer who worked on contesting the 2020 results. Administration officials and allies have asked to inspect voting equipment in Colorado and Missouri. Others are seeking mail ballots from Atlanta in 2020, when Trump became the first Republican presidential candidate to lose Georgia since 1992.

Across the administration, though, officials have been more focused on forward-looking steps such as examiningstate voter rolls for people who have moved or aren’t citizens. Some officials are ready to move on from 2020 and want to avoid being called “election deniers,”a term for people who claimed without evidence that Trump beat Biden in the 2020 election.

But Trump and some allies inside and outside the administrationwill not let go of allegations of widespread election fraud in 2020even though courts have repeatedly rejected their theories. They argue that future elections can’t be secured without a full accounting of 2020.

“I hope the DOJ pursues this with as much ‘gusto’ as befitting the biggest SCANDAL in American history!” Trump posted on Truth Social on Oct. 26. “If not, it will happen again, including the upcoming Midterms.”..

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Video: “The Ultimate Check: How Free and Fair are Our Elections?”

Society for the Rule of Law panel:

In theory, elections are the greatest safeguard of democracy—but in practice, their integrity is under increasing pressure. This panel assessed the resilience of our electoral systems amid rising challenges—from partisan interference and election denialism to foreign influence and the rise of disinformation and AI-generated distortion. Panelists explored recent and threatened actions by the Trump Administration and the Federal Election Commission. They also spotlighted credible reforms—and the institutional strengths—that can preserve electoral legitimacy and reinforce the rule of law. Featured speakers:

• Stephen Richer, Former Maricopa County Recorder

• Trevor Potter, Campaign Legal Center

• Matt Germer, R Street Institute

• Richard Bernstein, Society for the Rule of Law

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“Abcarian: Does Donald Trump really think he can run for president again in 2028?”

Robin Abcarian in the LA Times:

At this point, the Constitution seems less a constraint than a mere sticking point for Trump as he smashmouths his way past anything that impedes his heart’s desires.

“I think the scenario in which he can legitimately — through some even remotely quasi-democratic means — stay on after January of 2029 is zero,” said [Pamela] Karlan, who co-directs Stanford’s Supreme Court Litigation Clinic, and served twice as a deputy assistant attorney general in the Justice Department’s Civil Rights Division.

What about a scenario, though, where Trump could be, say, JD Vance’s running mate in 2028 and then return to power once Vance steps aside?

“Some people make cutesy arguments…that he should run as vice president, but I think most states would refuse to put him on the ballot,” Karlan said. “It’s an argument made by people who are cleverer than they are smart.”

On the other hand, she noted, if a pro-Trump Republican candidate were to win in 2028, Trump could function as something of a shadow president.

“He could be the power behind the president in the sense that the president could name him secretary of State,” Karlan said. “Or theoretically attorney general, even though he’s not a lawyer, or name him secretary of whatever they are calling the Defense Department at that point.”

Election law expert Rick Hasen, director of the Safeguarding Democracy Project at the UCLA School of Law, told me he’s less worried about the next presidential election and far more concerned about ways in which Trump might interfere in the 2026 midterms.

“I think 2028 is a long way off and assuming that Trump does not try to run again, he may not have that much interest in the next election because he will be done,” Hasen said. “Also, he is 79.”

In 2026, though, Trump could wreak all kinds of electoral havoc, Hasen said, such as “Sending troops to block voting in some areas, seizing voting machines, pressuring election officials to illegally count or not count valid ballots, or change the vote count — the kinds of things we saw in the aftermath of the 2020 election. I don’t think anything is off the table.”…

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“Exclusive: Nevada’s acting US Attorney urged voter fraud probe to help Republicans, document shows”

Reuters:

Nevada’s top federal prosecutor has asked the FBI to investigate debunked Republican claims about voter fraud in the 2020 election, a probe she hopes will influence congressional races and ensnare Democrats, according to a government document seen by Reuters.

In late July, U.S. Attorney Sigal Chattah told Justice Department officials she met with federal agents and handed them a thumb drive containing data compiled by Nevada’s Republican Party about people living in the U.S. illegally who cast ballots in the 2020 election and members of Indian tribes who allegedly received cash for ballots, the document shows. She also urged the agents to call the state’s Republican Party attorney.

Chattah said she expects to pursue a variety of investigative lines of inquiry, but legal experts said she has multiple conflicts of interest and should recuse herself from any investigations involving certain legal clients or political matters she was involved with directly. Justice Department guidelines also stipulate that prosecutors cannot initiate a case based on “political association, activities, or beliefs.”

Chattah told senior officials she wants to remove “illegal aliens” from voter rolls which would possibly lead to a “reallocation of census numbers” and affect the race for Nevada’s 4th congressional district seat, currently held by Democratic U.S. Representative Steven Horsford, the document shows.

Chattah said she also wants to exonerate the six Republicans who were prosecuted by Nevada Attorney General Aaron Ford for posing as fake electors in a failed bid to keep President Donald Trump in power after he lost the 2020 election to Democrat Joe Biden.

Chattah defended one of the accused and a lower court dismissed the charges. The state appealed the case, which is still pending.

Update: Judge Disqualifies Nevada’s Acting U.S. Attorney From Handling Cases

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Safeguarding Democracy Project Live and Online Program October 7: “Lessons from the 2024 Elections for 2026 and Beyond: A Conversation with Nate Persily”

Nate Persily and Rick Hasen

Tuesday, October 7, 12:15pm-1:15pm PT, Room 1337

UCLA Law and online

Register here for in-person. Lunch will be provided.

Register here for Webinar.

Richard L. Hasen, Director, Safeguarding Democracy Project, UCLA and Nate Persily, Stanford Law School

UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for ​1 hour of MCLE credit.

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ELB Podcast 7:1: The Risk of Federal Interference in the 2026 Midterm Elections (Haiman, Howard, Richer)

Season 7, Episode 1 of The ELB podcast:

How likely is it that federal troops will be in United States cities on election day in 2026?

Have federal agencies moved from allies of state and local election administrators to impediments to sound election practices?

What changes might we expect regarding voter rolls and mail-in voting in 2026

On Season 7, Episode 1 of the ELB Podcast, we speak with Ben Haiman, Liz Howard, and Stephen Richer.

You can subscribe on SoundcloudApple Podcasts, and Spotify.

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Today: Free Webinar from Safeguarding Democracy Project: “The Risk of Federal Interference in the 2026 Midterm Elections”

Ben Haiman, Liz Howard, Stephen Richer

Tuesday, September 16, 12:15pm-1:15pm PT, Webinar

Register here.

Ben Haiman, UVA Center for Public Safety and Justice, Liz Howard, NYU Law Brennan Center for Justice, and Stephen Richer, Ash Center for Democratic Governance and Innovation, Harvard Kennedy School

Richard L. Hasen, moderator (Director, Safeguarding Democracy Project, UCLA)

UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for  ​1  hour of MCLE credit. 

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