When I linked to news last week that super lawyer Ben Ginsberg was retiring from Jones Day I wrote:
Superstar election lawyer Ben, who served as national counsel for the Romney 2012 campaign, has been an important voice in recent years in bipartisan approaches to improving elections. (He and Bob Bauer headed a bipartisan commission that issued a key report on improving American elections.)
I hope that with him no longer working for Jones Day (which has represented President Trump’s campaign—though I don’t think ben had anything to do with that), he will be free to speak his mind on important election integrity issues of the day. In any case I look forward to what he has to say and to in coming years.
Now Ben has spoken and he does not disappoint. He’s no liberal—he’s a hardcore conservative who has worked tirelessly as a lawyer for Republican political causes for decades. He writes in the Washington Post, in an oped entitled Republicans have insufficient evidence to call elections ‘rigged’ and ‘fraudulent’:
The president’s words make his and the Republican Party’s rhetoric look less like sincere concern — and more like transactional hypocrisy designed to provide an electoral advantage. And they come as Republicans trying to make their cases in courts must deal with the basic truth that four decades of dedicated investigation have produced only isolated incidents of election fraud.
These are painful conclusions for me to reach. Before retiring from law practice last month, I spent 38 years in the GOP’s legal trenches. I was part of the 1990s redistricting that ended 40 years of Democratic control and brought 30 years of GOP successes in Congress and state legislatures. I played a central role in the 2000 Florida recount and several dozen Senate, House and state contests. I served as counsel to all three Republican national party committees and represented four of the past six Republican presidential nominees (including, through my law firm, Trump 2020).
Each Election Day since 1984, I’ve been in precincts looking for voting violations, or in Washington helping run the nationwide GOP Election Day operations, overseeing the thousands of Republican lawyers and operatives each election on alert for voting fraud. In every election, Republicans have been in polling places and vote tabulation centers. Republican lawyers in every state have been able to examine mail-in/absentee ballot programs.
The president has said that “the only way we can lose … is if cheating goes on.” He has asserted that mail-in voting is “very dangerous” and that “there is tremendous fraud involved and tremendous illegality.”AD
The lack of evidence renders these claims unsustainable. The truth is that after decades of looking for illegal voting, there’s no proof of widespread fraud. At most, there are isolated incidents — by both Democrats and Republicans. Elections are not rigged. Absentee ballots use the same process as mail-in ballots — different states use different labels for the same process.
The Trump 2016 campaign, of which I was not a part, could produce no hard evidence of systemic fraud. Trump established a Presidential Advisory Commission on Election Integrity in 2017 to expose all the fraud he maintains permeates our elections. He named the most vociferous hunters of Democratic election fraud to run the commission. It disbanded without finding anything.
The Heritage Foundation Election Fraud Database has compiled every instance of any kind of voter fraud it could find since 1982. It contains 1,296 incidents, a minuscule percentage of the votes cast. A study of results in three states where all voters are mailed actual ballots, a practice at the apex of the president’s outrage, found just 372 possible cases of illegal voting of 14.6 million cast in the 2016 and 2018 general elections — 0.0025 percent.
The president’s rhetoric has put my party in the position of a firefighter who deliberately sets fires to look like a hero putting them out. Republicans need to take a hard look before advocating laws that actually do limit the franchise of otherwise qualified voters. Calling elections “fraudulent” and results “rigged” with almost nonexistent evidence is antithetical to being the “rule of law” party.
We need more responsible Republicans speaking out like Ben.