Jessica Marsden is the Director of Impact Programs and Counsel for Free and Fair Elections at Protect Democracy, while Ben Ginsberg is a prominent Republican election attorney and Volcker Distinguished Visiting Fellow. They dive into the pre-emptive legal battles shaping the 2024 election landscape. The discussion highlights over 90 Republican lawsuits aimed at challenging voting rules, issues of misinformation, and the implications of election integrity narratives. They explore the historical context and future ramifications of these legal strategies on public trust in democracy.
The Republican National Committee has filed over 90 lawsuits challenging voting practices, primarily based on unfounded claims of voter fraud.
Cleta Mitchell's efforts in the Election Integrity Network have intensified narratives about election integrity, despite evidence showing negligible instances of non-citizen voting.
Deep dives
The Myth of Non-Citizen Voting
Claims of widespread non-citizen voting have been shown to be unfounded and misleading. Studies indicate that non-citizen voting is virtually nonexistent, with only 30 verified cases of such voting out of 23.5 million ballots cast in jurisdictions with high immigrant populations. Furthermore, an analysis of a database maintained by a conservative group found only 85 allegations of non-citizen voting across a 21-year period. This stark discrepancy highlights the manipulation of facts by individuals like Cleta Mitchell, who propagate false narratives regarding election integrity.
Cleta Mitchell's Influence on Election Narratives
Cleta Mitchell has emerged as a significant figure in the movement to question the integrity of American elections, leading efforts aimed at restructuring election systems. Under her guidance, the Election Integrity Network has proliferated across approximately 30 states, advocating for increased Republican involvement in election administration. This movement promotes the narrative that Democrats undermine fair elections, leading to heightened accusations regarding voter fraud and manipulation of voter rolls. This rhetoric has significantly shaped right-wing beliefs about election security, despite the lack of substantial evidence supporting these claims.
Legal Actions and Election Challenges
The Republican National Committee (RNC) and affiliated groups have initiated numerous lawsuits challenging voting rules and practices, many based on unfounded claims of ineligible voters. These lawsuits often coincide with the narratives promoted by Cleta Mitchell, emphasizing issues such as mail-in ballot verification and voter roll maintenance. Importantly, the timing of these legal actions, often filed late in election cycles, raises suspicions that they are not intended for immediate relief but rather to lay groundwork for post-election challenges. This tactic aims to create an atmosphere of doubt regarding the election outcome, reminiscent of strategies used in the previous election cycle.
Consequences for Election Confidence
The ongoing litigation and rhetoric questioning the legitimacy of elections contribute to a climate of distrust among voters. Historical precedents, such as the numerous unsuccessful challenges following the 2020 election, highlight the lack of substantiated claims of fraud. This pattern of unfounded allegations can have detrimental effects on public perception and faith in the electoral process, risking democratic stability. Continued legal battles and disputes over election legitimacy may further undermine trust, emphasizing the importance of transparent and credible election administration.
Republicans have already filed more than 90 lawsuits challenging voting rules and practices – before a single ballot has been counted. What clues these lawsuits hold about a looming legal battle after Election Day.
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