“Michigan Attorney General Dana Nessel this week announced criminal charges against 16 Republicans who presented themselves as the state’s electors after the 2020 presidential election. Brookings Institution Senior Fellow Norman Eisen and New York University law professor Ryan Goodman responded with a New York Times essay headlined “Trump’s Conspirators Are Facing the Music, Finally.” As Eisen and Goodman see it, the Michigan defendants participated in a criminal conspiracy to overturn Joe Biden’s victory by posing as the state’s true electors.
The defendants, of course, do not accept that narrative. As they see it, their conduct was a legitimate way of preserving objections to a contested election, grounded in historical precedent and the advice they received from Donald Trump’s lawyers. The “contingent” Trump electors in Georgia, who have been informed that they are targets of a similar investigation by Fulton County District Attorney Fani Willis, make the same basic argument. Press coverage of these investigations, which routinely describes the targets as “fake” or “bogus” electors, tends to dismiss that argument out of hand. But it is worth a closer look, because it is central to the question of whether prosecutors can prove that would-be electors who followed the Trump campaign’s advice acted with criminal intent.”
“The Enforcement Acts, one of which was known also as the Ku Klux Klan Act, given its prime target, criminalized widespread attempts by former Confederates to deny Black Southerners their right to vote, to have their votes counted and hold office — rights they enjoyed under the Reconstruction Act of 1867, the 14th Amendment and soon, the 15th Amendment. Coming at a time when American democracy teetered on the edge, these laws gave teeth to the federal government’s insistence that no eligible voter could be denied the right to vote and have his vote counted. (At the time, only men could exercise the franchise.) The laws were a direct response to Southern Democrats’ efforts to abrogate the practical effects of the Civil War and nullify Black political participation and representation.
Today, American democracy stands once again at a crossroads. The refusal of many Republican officeholders to accept the outcome of a free and fair election, and Trump’s outright appeal to fraud and violence in an effort to overturn that election, are precisely the kinds of antidemocratic practices the Enforcement Acts were intended to criminalize and punish.”
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“In the days to come, Trumps’ defenders may claim that the 1870 Enforcement Act is antiquated and obsolete or, as the National Review argued, irrelevant to the case in hand.
In fact, as the Washington Post recently documented, while the act was precipitated by Klan violence in the 1860s, throughout the 20th century and even in more recent times, “Section 241 has also been used to prosecute a wider range of election subversion, including threatening or intimidating voters, impersonating voters, destroying ballots and preventing the official count of ballots.” That includes its use to prosecute white people who terrorized civil rights volunteers during the 1964 Freedom Summer in Mississippi and in cases involving election interference in states like Oklahoma, Tennessee and Kentucky. In other words, it is hardly what legal observers call a “strange law,” or a law still on the books but no longer relevant or enforceable.
Moreover, the acts of which Trump stands accused of committing are precisely what the Enforcement Act was intended to combat. Nullifying the votes of citizens. Fraudulently submitting fake elector slates. Attempting to intimidate state officials into falsifying returns. Bullying a vice president into discarding the official election count. And yes, inciting violence in the furtherance of overturning a free and fair election.
Our system presumes that a defendant is innocent until proven guilty. It is now incumbent upon the Department of Justice to make its case. But the shameful events of late 2020 and early 2021 only reinforce the lasting relevance and importance of the 1870 Enforcement Act, a law constructed to meet challenges that, a century and a half later, still hang over America’s fragile democracy.”
“In state after state, fast-growing, traditionally liberal college counties like Dane are flexing their muscles, generating higher turnout and ever greater Democratic margins. They’ve already played a pivotal role in turning several red states blue — and they could play an equally
“Over the past year and a half, eight Republican-led states quit a nonpartisan program designed to keep voter rolls accurate and up to date.
Top Republican election officials in those states publicly argued the program was mismanaged. The conspiracy theorists who cheered them on falsely insisted it was a front for liberals to take control of elections.
But experts say the program, known as the Electronic Registration Information Center, was among the best nationwide tool states had to catch people trying to vote twice in the same election. Now, those Republican-led states who left — and other states who lost access to their data — are scrambling to police so-called “double voters” ahead of the presidential election in 2024.”
“The allegations involving those two election workers—Ruby Freeman and her daughter, Wandrea Moss—were “false and unsubstantiated,” Georgia Secretary of State Brad Raffensperger, a Republican, announced.., as his office officially closed a two-year probe into the incident. The investigation had launched at the behest of Georgia state Sen. Kay Kirkpatrick (R–East Cobb) and included the FBI and Georgia Bureau of Investigation.
The final report includes details of interviews with Freeman, Moss, and other workers present during the ballot counting at State Farm Arena on the night of the 2020 election. Those interviewed provided “a consistent account” of the ballot-counting process, and matched what investigators saw on the video footage. As for that supposedly damning video footage, “There was no evidence of any type of fraud as alleged,” the report concludes, and there was “no evidence was provided to show that Freeman or Moss deviated from” the established process for storing boxes of legitimate ballots.
Additionally, the FBI interviewed the creator of an Instagram account that surfaced in December 2020 and purported to belong to Freeman. In posts to the account, the user (whose name was redacted in the final report) claimed to have participated in ballot fraud, but later admitted to the FBI that the content was fake.”
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“also details the extent to which state investigators double-checked the election results. Audits conducted after Election Day “did not identify any issues or discrepancies to suggest fake or fraudulent ballots were scanned and counted in the 2020 General Election results,” and a subsequent recount requested by Trump’s campaign “also did not identify any discrepancies to suggest fraudulent ballots were introduced and counted in the tabulation process.””
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“Trump, meanwhile, continues to push the claim that the election was stolen.”
“Trump has come to define who and what Republican Party activists — that is, people who volunteer for political campaigns, donate money, work for politicians, etc. — think of as conservative. Their research, for instance, found that GOP activists viewed Trump critics like former Sens. Ben Sasse and Patrick Toomey as much less conservative than their voting records in Congress indicated. Meanwhile, GOP activists viewed Trump boosters as the most reliably conservative politicians.
But Trump has also powerfully redefined what constitutes conservatism for rank-and-file Republican voters, according to my analyses of data from the Cooperative Election Survey — a massive academic survey administered by YouGov that asks over 50,000 respondents every two years to, among other things, rate politicians’ ideologies on a seven-point scale from “very liberal” to “very conservative.”
According to CES data, Republicans nationwide now view Trump as more conservative than they did immediately before the 2016 general election. On the other hand, Utah Republicans perceived Sen. Mitt Romney as a lot less conservative after his February 2020 vote to convict Trump during his first impeachment trial. But that decline pales in comparison to the utter evaporation of former Rep. Liz Cheney’s conservative credentials. Wyoming Republicans repeatedly rated Cheney as a solid conservative in 2016, 2018 and 2020. Yet her reputation as a stalwart conservative vanished entirely after she voted to impeach Trump in January 2021 and subsequently became one of the former president’s most vocal critics in Congress as vice chair of the House committee investigating the Jan. 6 insurrection — so much so, that Wyoming Republicans placed her all the way on the liberal side of the ideological spectrum in the 2022 CES.”
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“The seven Republican senators who voted to convict the former president during his second impeachment trial were all rated as much less conservative than we would otherwise expect from their Senate voting records”
“Under the new rules, candidates will be required to have at least 40,000 donors to make the Aug. 23 debate stage, including at least 200 from 20 distinct states. They will also have to garner at least 1 percent in three qualifying polls, two of them national, after July 1. And they must commit to supporting the eventual Republican nominee.”
“in the April election, liberal Milwaukee County judge Janet Protasiewicz beat conservative former state Supreme Court Justice Dan Kelly by a whopping 11 percentage points, flipping the ideological majority of the court.
In the aftermath, even Republicans here are acknowledging that the state has now shifted leftward, and abortion has a lot to do with that. The end of Roe v. Wade last year effectively reinstated Wisconsin’s 19th-century abortion ban, which is already being challenged — and those challenges will likely be decided by the state Supreme Court. That’s why Protasiewicz campaigned heavily on protecting abortion rights, and the election turned almost entirely on the issue.”