Lawfare Daily: National Security and the 2024 Election, Election Management
Sep 28, 2024
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Join Senior Editors Scott R. Anderson, Molly Reynolds, Quinta Jurecic, Anna Bower, and law expert Nate Persily as they dive into the national security landscape and electoral integrity leading up to 2024. They analyze the impact of the Electoral Count Reform Act and the ongoing efforts to combat election misinformation. The conversation also highlights how lessons from 2020 have shaped state preparations, the rising challenges for election officials, and the critical role of social media in managing public trust amidst emerging threats.
The Electoral Count Reform Act was enacted to prevent manipulation of electoral processes by clearly defining roles and deadlines for certifying votes.
New security protocols were established for Capitol and election officials following January 6th, addressing physical safety and response coordination issues.
Social media companies are struggling to manage election-related misinformation effectively, raising concerns about public trust and the electoral process integrity.
Deep dives
Election Preparedness and Legislative Changes
The Electoral Count Reform Act (ECRA) was introduced to address vulnerabilities revealed by the 2020 election, especially those regarding the counting of electoral votes. It closes loopholes that previously allowed state legislatures to intervene after Election Day, ensuring that only state executives can certify elector appointments by a set deadline. This reform was a response to the potential for political actors to manipulate elections through false claims or unfounded challenges. Additionally, the law clarifies that the Vice President's role in counting electoral votes is purely ministerial, addressing significant issues that arose during the last election.
Improved Security Measures
The January 6 electoral vote counting has been designated a national special security event for the first time, reflecting serious concerns over possible disruptions. Following the events of January 6, new protocols have been established to enhance the physical security of Capitol and election officials. Changes have been made to the procedures allowing Capitol Police to swiftly request assistance from the National Guard, a response to previous delays. However, challenges remain, such as the inability of Washington D.C.'s mayor to control the National Guard, indicating areas for further improvement in security legislation.
State-Level Election Preparedness
The state-level election environment has evolved significantly, with various state legislatures making changes to voting laws since 2020, though these changes have been mixed in nature. While some states have liberalized their voting processes, others have introduced more stringent measures. With many election officials resigning and a considerable proportion of the population losing confidence in electoral integrity, confusion and chaos are anticipated during the upcoming elections. The security of polling places and counting centers is paramount, particularly given the potential for political violence and threats against election personnel.
Social Media and Misinformation Challenges
The current information environment is fraught with challenges as social media platforms grapple with handling misinformation while also facing criticism for past actions related to election coverage. Platforms have implemented measures to combat misinformation since 2020, but the rollback of many of these measures raises concerns about their ability to effectively manage false narratives. The combination of amplified disinformation and the increasing complexity of misinformation makes the upcoming electoral process susceptible to misinterpretation and public confusion. These dynamics, along with the historical context of foreign influence in elections, create a precarious situation for both election officials and the media.
Federal Government's Response to Election Interference
The federal government's proactive stance regarding foreign election interference has significantly changed since 2016, with new indictments and sanctions against those attempting to undermine U.S. electoral processes. Recent actions by various government departments demonstrate a vigorous effort to deter foreign interference and bolster confidence among voters. Unlike in past elections, the current administration has committed to aggressive transparency in revealing attempts at election manipulation. While the effectiveness of these measures remains uncertain, the commitment to open communication marks a notable shift from previous practices.
This episode of “Lawfare Live: National Security and the 2024 Election” was recorded on September 24 in front of a live audience on Youtube and Zoom.
Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Molly Reynolds, Quinta Jurecic, and Anna Bower and Professor of Law at Stanford Law School Nate Persily. They discussed how Congress has prepared for the 2024 election, including the passage of the Electoral Count Reform Act of 2022, how the government and social media companies are addressing election-related disinformation, and how states have used the lessons of 2020 to prepare for the 2024 election.
