Election subversion

Last updated

Election subversion can involve a range of measures to change the outcome of a vote, including voter suppression, election denial, disinformation, intimidation and other legal or illegal attempts to not count or disqualify certain votes. [1]

Contents

United States

Richard L. Hasen outlines three main avenues for election subversion in the United States: 1) disqualify votes where a partisan body justifies changing the outcome, (2) fraudulent or suppressive election administration, and (3) actors disrupting the voting, the counting of votes, or the assumption of power by true winner. [2]

Many efforts at election subversion (as well as voter suppression) promoting false claims of election fraud before, during and after attempted election subversion, with the belief in widespread election fraud raising the risk of an election being subverted. [2]

Avenues for election subversion

Disqualification of votes

Rules that make voting more difficult for some, for example, can become a pretext for disqualifying votes, regardless of whether or not it justifies such a radical action. [2] Activists aligned with Trump have been aggressive in trying to ensure that the voters eligible to vote are more likely to support their candidate in 2024. [3]

The independent state legislature theory in the U.S. suggests allowing state legislatures to unilaterally disqualify votes and send their own electors regardless of the vote outcome. [2] [4] The use of the theory was rejected in Moore v. Harper by the US Supreme Court in 2023. [5] Even without the theory, the concern still exists that a Republican state legislature might cite uncertainty as a pretext to throw out legal votes and decide the outcome of an election for Donald Trump in 2024. [6] [7]

Election insecurity

The lack of election security best-practices creates opportunities for compromised election systems/ballots by third-parties which can also foster mistrust of the results even without evidence of tampering. [8]

Intimidation and/or replacement of election officials

By major candidates calling into question the integrity of elections, the ensuing threats towards election officials have led to hundreds of resignations in the U.S. for example, leading to concerns of understaffing and some vacancies being filled by hyper-partisans interested in election subversion. [9] Detroit experienced significant initimidation by Trump-supporters during the counting of ballots in 2020, including banging on the glass and shouting at the workers counting ballots. [10]

Question/deny legitimacy of election

This tactic to deny unfavorable results [11] weakens the power of the winners through decreasing the number of citizens who find them legitimate, potentially leading to a breakdown in the rule of law as was seen on January 6, 2021 in the United States. [12] These claims can also be used to try to justify the manipulation of election results in the courts [13] or other bodies of power such as legislatures. [14]

See also

Related Research Articles

Electoral fraud, sometimes referred to as election manipulation, voter fraud, or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share of rival candidates, or both. It differs from but often goes hand-in-hand with voter suppression. What exactly constitutes electoral fraud varies from country to country, though the goal is often election subversion.

Election law is a branch of public law that relates to the democratic processes, election of representatives and office holders, and referendums, through the regulation of the electoral system, voting rights, ballot access, election management bodies, election campaign, the division of the territory into electoral zones, the procedures for the registration of voters and candidacies, its financing and propaganda, voting, counting of votes, scrutiny, electoral disputes, electoral observation and all contentious matters derived from them. It is a discipline falling at the juncture of constitutional law and political science, and involves "the politics of law and the law of politics".

<span class="mw-page-title-main">Elections in the United States</span>

In the politics of the United States, elections are held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.

<span class="mw-page-title-main">Voter suppression</span> Strategy designed to restrict specific groups of people from voting

Voter suppression are tactics used to discourage or prevent specific groups of people from voting or registering to vote. It is distinguished from political campaigning in that campaigning attempts to change likely voting behavior by changing the opinions of potential voters through persuasion and organization, activating otherwise inactive voters, or registering new supporters. Voter suppression, instead, attempts to gain an advantage by reducing the turnout of certain voters. Suppression is an anti-democratic tactic associated with authoritarianism.

<span class="mw-page-title-main">Voter identification laws in the United States</span>

Voter ID laws in the United States are laws that require a person to provide some form of official identification before they are permitted to register to vote, receive a ballot for an election, or to actually vote in elections in the United States.

<span class="mw-page-title-main">2020 United States presidential election</span> 59th quadrennial U.S. presidential election

The 2020 United States presidential election was the 59th quadrennial presidential election, held on Tuesday, November 3, 2020. The Democratic ticket of former vice president Joe Biden and the junior U.S. senator from California Kamala Harris defeated the incumbent Republican president Donald Trump, and vice president Mike Pence. The election took place against the backdrop of the global COVID-19 pandemic and related recession. The election saw the highest voter turnout by percentage since 1900. Biden received more than 81 million votes, the most votes ever cast for a candidate in a U.S. presidential election.

Electoral fraud in the United States, also known as voter fraud, involves illegal voting in or manipulation of United States elections. Types of fraud include voter impersonation or in-person voter fraud, mail-in or absentee ballot fraud, illegal voting by noncitizens and double voting. The United States government defines voter or ballot fraud as one of three broad categories of federal election crimes, the other two being campaign finance crimes and civil rights violations.

<span class="mw-page-title-main">Presidential Advisory Commission on Election Integrity</span> Presidential commission created by President Donald Trump in 2017

The Presidential Advisory Commission on Election Integrity, also called the Voter Fraud Commission, was a Presidential Commission established by Donald Trump that ran from May 11, 2017, to January 3, 2018. The Trump administration said the commission would review claims of voter fraud, improper registration, and voter suppression. The establishment of the commission followed Trump's false claim that millions of illegal immigrants had voted in the 2016 presidential election, costing him the popular vote. Vice President Mike Pence was chosen as chair of the commission and Kansas Secretary of State Kris Kobach was its vice chair and day-to-day administrator.

<span class="mw-page-title-main">Brad Raffensperger</span> American politician (born 1955)

Bradford Jay Raffensperger is an American businessman, civil engineer, and politician serving as the Secretary of State of Georgia since 2019. A member of the Republican Party, he previously served in the Georgia House of Representatives, representing District 50.

<span class="mw-page-title-main">Jena Griswold</span> American attorney and politician (born 1984)

Jena Marie Griswold is an American attorney and politician from the state of Colorado. A Democrat, she is the 39th Colorado Secretary of State, serving since January 8, 2019.

Ballot collecting, also known as "ballot harvesting" or "ballot chasing", is the gathering and submitting of completed absentee or mail-in voter ballots by third-party individuals, volunteers or workers, rather than submission by voters themselves directly to ballot collection sites. It occurs in some areas of the U.S. where voting by mail is common, but some other states have laws restricting it.

<span class="mw-page-title-main">Postal voting in the United States</span> Overview of topic

Postal voting in the United States, also referred to as mail-in voting or vote by mail, is a form of absentee ballot in the United States. A ballot is mailed to the home of a registered voter, who fills it out and returns it by postal mail or drops it off in-person at a secure drop box or voting center. Postal voting reduces staff requirements at polling centers during an election. All-mail elections can save money, while a mix of voting options can cost more. In some states, ballots may be sent by the Postal Service without prepayment of postage.

Election interference generally refers to efforts to change the outcome of an election. Kinds of election interference may include:

Members of the United States Republican Party have reacted differently to Republican president Donald Trump's claims about the 2020 United States presidential election, with many publicly supporting them, many remaining silent, and a few publicly denouncing them. Trump claimed to have won the election, and made many claims of election fraud. By December 11, 2020, 126 out of 196 Republican members of the House backed a lawsuit filed in the United States Supreme Court supported by nineteen Republican state attorneys general seeking to subvert the election and overturn the election results. The Trump campaign hired the Berkeley Research Group to investigate whether there had been voter fraud. The researchers found nothing, and the consultancy reported this to Trump and his chief of staff Mark Meadows on a conference call in the final days of the year, before the attack on the Capitol.

<span class="mw-page-title-main">Attempts to overturn the 2020 United States presidential election</span>

After Democratic nominee Joe Biden won the 2020 United States presidential election, Republican nominee and then-incumbent president Donald Trump pursued an unprecedented effort to overturn the election, with support from his campaign, proxies, political allies, and many of his supporters. These efforts culminated in the January 6 Capitol attack by Trump supporters in an attempted self-coup d'état. Trump and his allies used the "big lie" propaganda technique to promote false claims and conspiracy theories asserting the election was stolen by means of rigged voting machines, electoral fraud and an international conspiracy. Trump pressed Department of Justice leaders to challenge the results and publicly state the election was corrupt. However, the attorney general, director of National Intelligence, and director of the Cybersecurity and Infrastructure Security Agency – as well as some Trump campaign staff – dismissed these claims. State and federal judges, election officials, and state governors also determined the claims were baseless.

In direct response to Pennsylvania Democratic Party v. Boockvar and the 2020 United States presidential election in Pennsylvania, the Donald Trump 2020 presidential campaign launched numerous lawsuits contesting the purview of the Pennsylvania Supreme Court and the election processes of Pennsylvania. All of these have either been dismissed or dropped. The last two remaining cases were dismissed without comment by the Supreme Court on February 22, 2021. On April 19, 2021, more than five months after the November 3, 2020 election, the Supreme Court declined to hear the outstanding case brought by former Republican congressional candidate Jim Bognet, dismissing it without comment.

In direct response to election changes related to the COVID-19 pandemic, 2020 United States presidential election in Arizona, and "Sharpiegate"; the Donald Trump 2020 presidential campaign launched numerous lawsuits contesting the election processes of Arizona. All of these were either dismissed or dropped.

<span class="mw-page-title-main">Republican efforts to restrict voting following the 2020 presidential election</span>

Following the 2020 United States presidential election and the unsuccessful attempts by Donald Trump and various other Republican officials to overturn it, Republican lawmakers initiated a sweeping effort to make voting laws more restrictive within several states across the country. According to the Brennan Center for Justice, as of October 4, 2021, more than 425 bills that would restrict voting access have been introduced in 49 states—with 33 of these bills enacted across 19 states so far. The bills are largely centered around limiting mail-in voting, strengthening voter ID laws, shortening early voting, eliminating automatic and same-day voter registration, curbing the use of ballot drop boxes, and allowing for increased purging of voter rolls. Republicans in at least eight states have also introduced bills that would give lawmakers greater power over election administration after they were unsuccessful in their attempts to overturn election results in swing states won by Democratic candidate Joe Biden in the 2020 election. The efforts garnered press attention and public outrage from Democrats, and by 2023 Republicans had adopted a more "under the radar" approach to achieve their goals.

Contested elections in American history at the presidential level involve serious allegations by top officials that the election was "stolen." Such allegations appeared in 1824, 1876, 1912, 1960, 2000, and 2020. Typically, the precise allegations change over time.

<span class="mw-page-title-main">Election denial movement in the United States</span> Conspiracy theory

The election denial movement in the United States is a widespread false belief among many Republicans that elections in the United States are rigged and stolen through election fraud by Democrats. Adherents of the movement are referred to as election deniers. Election fraud conspiracy theories have spread online and through conservative conferences, community events, and door-to-door canvassing. Since the 2020 United States presidential election, many Republican politicians have sought elective office or taken legislative steps to address what they assert is weak election integrity leading to widespread fraudulent elections, though no evidence of systemic election fraud has come to light and many studies have found that it is extremely rare.

References

  1. Homer, Rachel; Marsden, Jessica (2023-08-14). "What is election subversion?". Protect Democracy . Retrieved 2024-02-17.
  2. 1 2 3 4 Hasen, Richard L. (April 20, 2022). "Identifying and Minimizing the Risk of Election Subversion and Stolen Elections in the Contemporary United States". Harvard Law Review (Essay). Retrieved 2023-11-23.
  3. "The Shadowy Right-Wing Group That's Suppressing the 2024 Vote". The New Republic. October 16, 2024. ISSN   0028-6583 . Retrieved 2024-10-30.
  4. Griswold, Eliza (2022-10-31). "How Election Subversion Went Mainstream in Pennsylvania". The New Yorker. ISSN   0028-792X . Retrieved 2024-10-14.
  5. Cohen, Marshall (2023-06-27). "How the 'independent state legislature' theory, now rejected by SCOTUS, fueled chaos in 2020 and could influence 2024". CNN. Retrieved 2024-10-14.
  6. Liasson, Mara (November 6, 2021). "Democrats are worried about U.S. democracy. They've got limited tools to protect it". NPR.
  7. Jackson, David (October 4, 2021). "'Election subversion' accusations: Donald Trump and allies look for new ways to challenge votes". USA TODAY. Retrieved 2024-10-15.
  8. Root, Danielle; Kennedy, Liz; Sozan, Michael; Parshall, Jerry (February 12, 2018). "Election Security in All 50 States". Center for American Progress. Retrieved 2022-12-17.
  9. Levine, Sam; Pilkington, Ed (2022-10-04). "Democracy, poisoned: America's elections are being attacked at every level". The Guardian. Retrieved 2022-12-23.
  10. "How Trump allies stoked election chaos in Detroit in 2020 — and what they're planning in 2024". NBC News. 2024-10-16. Retrieved 2024-10-30.
  11. Griswold, Eliza (2022-10-31). "How Election Subversion Went Mainstream in Pennsylvania". The New Yorker. Retrieved 2022-12-16.
  12. Manheim, Lisa Marshall (November 2, 2022). "Forum: Election Law and Election Subversion". The Yale Law Journal . Retrieved 2022-12-17.
  13. Hasen, Richard L. (2022-11-02). "The Courts Are the Only Thing Holding Back Total Election Subversion". The Atlantic. Retrieved 2022-12-16.
  14. Sweeney Jr., William R.; Vickery, Chad; Ellena, Katherine (September 2, 2016). "Yes, the U.S. presidential election could be manipulated". The Washington Post.

"Election Subversion", Last Week Tonight with John Oliver , YouTube: HBO, 6 November 2022