“Much was made both during and after the 2020 presidential election about rampant voter fraud. This week, yet another of those claims fell apart under scrutiny.
In September 2020, Georgia’s Secretary of State Brad Raffensperger announced that more than 1,000 people may have voted more than once in the state’s primary and runoff elections that year. Amid ongoing allegations of widespread vote fraud from President Donald Trump, Raffensperger charged that the voters in question returned absentee ballots, and then also voted in person—a violation of both state and federal law. Raffensperger assembled a task force to investigate, and he warned that convictions under Georgia law would garner up to 10 years in prison and $100,000 in fines.
But now, Raffensperger admits that his initial claims were overblown.
The Atlanta Journal-Constitution reported Tuesday that in response to requests for information about the investigation, the secretary of state’s office indicated that only around 300 cases of double-voting were ultimately substantiated, “almost always because of mistakes by confused voters and poll workers.” Of the 1,339 cases which Raffensperger initially claimed, the confirmed total represents barely more than one-fifth (22 percent), though the paper contends that about 100 cases remain “under investigation.””
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“Georgia voters who fill out an absentee ballot may either mail it in or drop it off. They could also go to their polling place and vote in person instead. In that case, according to page 55 of the State of Georgia Poll Worker Manual, the poll worker’s terminal will prompt that the voter has been issued an absentee ballot. At that time, the voter would either turn in their absentee ballot to be discarded, or if they did not have it with them, the poll worker would call to verify that the ballot had not been counted before having the voter fill out a form requesting their original ballot be canceled.
If, as Raffensperger alleged, more than 1,000 voters cast more than one vote, by mailing back an absentee ballot and then also voting in person, then in every single case that would require a failure on the part of the state of Georgia or its poll workers.
There is evidence that Raffensperger’s office realized this when he first made the claim. According to emails published by American Oversight, a government accountability watchdog group, on the same day that Raffensperger made the announcement about double-voting, Ryan Germany, the general counsel to the secretary of state, was advising members of the task force on the subject: “There are systematic checks to stop double voting from happening, and those checks appear to be largely working as intended. [Some] people likely voted twice inadvertently or because they were not sure if their absentee ballot had been returned on time.””
“By December 2020, as President Donald Trump was trying feverishly to overturn Joe Biden’s election win, his closest remaining advisers had broken into two warring camps.
Both factions, at this point, supported and encouraged Trump’s strategy to retain power: pressuring state legislatures, state officials, and members of Congress to throw out results in key states, claiming they were tainted by fraud. Both were even interested in using the federal government’s power to seize voting machines in key states.
But one camp, led by Sidney Powell and Michael Flynn, wanted to go even further and use the military to seize those machines — while the other, led by Rudy Giuliani, thought that was a bridge too far.
Think of it as a divide between the dangerously unhinged and the totally batshit.”
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“The story makes clear just how dire things were for democracy at this point. Everyone around Trump was recommending extreme measures that, if successful, would have amounted to stealing the election.
Yet even some of Trump’s unhinged, irresponsible, and conspiratorial advisers, like Giuliani, were still trying to steer him away from the even worse actions counseled by Powell and Flynn, who seem to have been totally unmoored from factual and political reality at this point.”
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“while some officials might have refused to go along with Trump’s whims, he did have the option to replace them but simply chose not to — due to his own calculations that this would be too far, or because other advisers talked him out of it. But there was no guarantee that Trump, who had been willing to push so far already, would back off here. If he were just a bit more stubborn and willing to stretch the boundaries of his power, the election 2020 crisis could have grown far worse.”
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““Mike Pence did have the right to change the outcome,” Trump said in a statement…“Unfortunately, he didn’t exercise that power, he could have overturned the Election!” That same day, he mused at a rally about pardoning January 6 rioters. In a battle between the unhinged and the batshit for Trump’s favor, the latter camp may be gaining strength.”
“Another question is whether, in going for broke trying to pass their dream bill, Democrats will have missed an opportunity to get less sweeping but still significant reforms enacted. Washington is abuzz with news that some Republican senators want to engage in talks about reforming the Electoral Count Act — the law Trump tried to use to get Congress and Vice President Pence to throw out Biden’s wins in key states. Yet leading Democrats like Schumer have so far voiced skepticism of those efforts.
Whether any GOP reform offer is worthwhile depends on the details, and it’s possible no deal will come together. But right now, the alternative appears to be getting no reforms at all.
The unpleasant reality for Democrats is that they’ll only be in a position to pass the agenda they say is necessary if they manage to win more elections. Yet their prospects for doing that in 2022 look bleak, considering Biden’s grim approval numbers. There’s still a chance to make the bipartisan deals they can now, and try to win more elections later. But the time for tilting at windmills is drawing to a close.”
“members of the president’s party often leave Capitol Hill during a midterm cycle because they expect the next election to go poorly. The president’s party almost always loses House seats in midterm elections, and the more unpopular presidents are, the more ground their party tends to lose in the House. Considering President Biden’s approval rating sits in the low 40s less than 10 months before the election, 2022 could sting particularly badly for Democrats.
It’s no surprise then that more than twice as many Democrats as Republicans, 28 to 13, have decided to either retire or run for another office at this point.”
“Equal representation of the citizenry hasn’t become the enemy of the contemporary Republican Party. It has been the enemy for more than a half-century. Ronald Reagan opposed the 1965 Voting Rights Act from the beginning, explaining later that he believed it was “humiliating to the South.” When the act came up for its third renewal in 1982, Reagan’s lawyers in the Justice Department, led by a twenty-something John Roberts, mightily resisted it and much needed amendments to it. When it came up for renewal again, in 2006, the act nearly broke the House Republican caucus in two.
At the center of Republican opposition to the Voting Rights Act is Section 5, described by the historian J. Morgan Kousser as “one of the most innovative governmental mechanisms since the New Deal.” Section 5 stipulates that states, counties and localities with a history of discriminatory voting rules and practices must get permission or “pre-clearance” from the federal government to make any changes to an electoral “standard, practice, or procedure.” With the burden of proof falling on these jurisdictions, it is up to them to demonstrate that the intent or effect of their change is not racial discrimination.
Well-versed in the ingenuity and initiative of white supremacy, the authors of Section 5 understood that equal representation for all citizens required the nationalization of voting standards and preemptive action by the federal government to protect those standards. If local white officials were not stopped, in advance, from “stacking” or “cracking” the Black vote — concentrating Black voters in one district and reducing their power elsewhere or diluting their power by spreading their votes across districts — African Americans would not be guaranteed equal representation in the polity.”
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“In 2013, with Roberts now at the helm of the Supreme Court, the Republicans finally achieved their goal, effectively killing Section 5 in Shelby County v. Holder. Though the Cornell political scientist Suzanne Metler tells Edsall that the GOP is “a longstanding party that helped to protect democracy until recently,” the wave of Republican racial gerrymanders and voting rights restrictions that we are seeing today was set in motion by leading members of the party more than fifty years ago.”
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“Americans associate the Constitution with popular liberties such as due process and freedom of speech. They overlook its architecture of state power, which erects formidable barriers to equal representation and majority rule in all three branches of government. The Republicans are not struggling to overturn a long and storied history of democratic rules and norms. They’re walking through an open door.
The 20th century lulled many Americans into thinking that the Electoral College was a vestigial organ like the appendix. Citizens of the 21st century know better. Having witnessed two presidential elections in which the candidate with the most votes lost, they know that rule by the majority or plurality is not a necessary feature of the presidency. Nor is equal representation: In the Electoral College, the vote of a citizen in Wyoming is worth three to four times as much as that of a citizen in California.”
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“Though the Framers rejected the idea of a hereditary body like the House of Lords, they did accept a compromise in which the Senate would represent states rather than individuals. Contrary to popular lore, Madison thought the central concern of those states had less to do with the size of their populations than with the source of their labor, whether it was enslaved or free.”
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“While some longstanding, wealthy democracies do have upper chambers, the United States is one of the very few to grant its upper chamber equal power to its lower chamber. The extreme inequality of representation in the Senate, in which the vote of one citizen in Wyoming is equal to that of 67 citizens in California, is even more unique. The combined effect of these twin features of Congress, wrote the distinguished Yale political scientist Robert Dahl, is “to preserve and protect unequal representation” and “to construct a barrier to majority rule.””
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“American racial politics, past and present, demonstrates the power of this observation. Between 1800 and 1860, the will of the voting majority was repeatedly expressed in the House, which passed eight anti-slavery bills. The will of the slaveholding minority was repeatedly enacted in the Senate, which stopped those measures. In the first half of the 20th century, the majoritarian House passed multiple civil rights measures — from anti-lynching bills to abolition of the poll tax. Each time, those bills were killed in the Senate.”