Election Law Dynamics Ahead of 2024

Of the sixty-five lawsuits that Donald Trump’s team filed in the 2020 election, Democrats won sixty-four—with the attorney Marc Elias spearheading the majority.  Elias was so successful that Steve Bannon speaks of him with admiration. 

Now Marc Elias is working for Vice-President Kamala Harris’s campaign, and, despite his past victories, Elias says that 2024 is keeping him up at night.  The bizarre antics and conspiracy theories of Rudy Giuliani are a thing of the past, Elias tells David Remnick: “We should all expect that they are more competent than they were before. And also Donald Trump is more desperate than he was before. … He faces the prospect of four criminal indictments, two of which are in federal court.” Election-denying officials are now in power in many swing states; Trump has publicly praised his allies on state election boards.  Elias fears the assault on the democratic process could be much more effective this time.  Still, some things don’t change. “I believe Donald Trump is going to say after Election Day in 2024 that he won all fifty states—that there’s no state he didn’t win,” Elias says. “That is just the pathology that is Donald Trump.”