
Defending Democracy with Marc Elias
Every week, election lawyer Marc Elias interviews lawmakers, policy leaders and changemakers about the problems facing our democracy and how we fix them.
Latest episodes

Apr 28, 2023 • 32min
Republicans Don’t Want Students to Vote
Youth voters are making a difference in elections across the country. Instead of celebrating this increased turnout or Instead of changing its policies to win young voters' trust and support, Republicans would rather enact laws that suppress them from voting. Marc and Paige discuss the latest Republican attacks on the youth vote.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Related links:
Here’s How the 26th Amendment Protects Voting Rights
Cleta Mitchell Recording
Attacking the Youth Vote on Florida’s College Campuses
It’s Harder for Young People To Vote
Young Voters Turned Out in Droves Despite Barriers
New Hampshire Moves To Limit Student Voting
Cases:
Idaho state lawsuit
Idaho federal lawsuit
Ohio lawsuit

Apr 21, 2023 • 31min
Red States Are Targeting Blue Cities
After years of extreme gerrymandering and suppressive voting laws to block opposition, Republican-led states are now enacting laws explicitly targeting their Democratic-leaning cities and counties — particularly in how they conduct elections. In states like Tennessee, Texas, Mississippi, Louisiana and North Carolina, GOP lawmakers are determined to strip power away from the states’ bluest areas.
For a transcript of this episode, please email transcripts@democracydocket.com.
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The Depth of the Tennessee GOP’s Disdain for Democracy
“An Unprecedented Disenfranchisement”: How Republicans Are Stripping Nashville of Political Power
Tennessee General Assembly Expels Two Black Lawmakers in Latest Attack on Democracy
Texas Senate Passes Bill To Seize Control of Elections from Local Authorities
This 1986 Louisiana Case Is Back in Court 40 Years Later
Mississippi Continues To Deny Black Americans Political Power
Letter from Birmingham Jail

Mar 24, 2023 • 44min
What Pennsylvania Tells Us About Our Democracy Feat. Congresswoman Mary Gay Scanlon
From attempts to overturn election results to county officials refusing to certify vote totals and Republicans’ continued attacks on mail-in voting, Pennsylvania has seen its fair share of election drama over the past few years. Marc sat down with U.S. Rep. Mary Gay Scanlon (D) of Pennsylvania’s 5th Congressional District to discuss recent election issues in the Keystone State and how they highlight the dire need for federal voting rights legislation.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Related links:
A Constitutional Crisis Is Brewing in Pennsylvania
When Election Officials Refuse To Certify Complete Election Results
Message to Counties: Certifying Elections Is Not Optional
50 States of Lawsuits: Pennsylvania
Act 77 lawsuits: Bonner v. Chapman and McLinko v. Degraffenreid

Mar 17, 2023 • 47min
What’s at Stake in the Wisconsin Supreme Court Race Feat. Ben Wikler
Wisconsin has long been an important swing state for presidential elections, but it has grown into a major battleground in the fight for democracy. All eyes are on the Wisconsin Supreme Court race that will determine decisions related to gerrymandering, abortion access and the 2024 presidential election. Wisconsin Democratic Party Chair Ben Wikler joins to discuss what’s at stake in the April 4 election, Republicans’ continued attacks on democracy and how people — in and out of state — can help.
Volunteer with WisDems | Donate to WisDemsFor a transcript of this episode, please email transcripts@democracydocket.com.
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Related links:The Wisconsin Win: Investing in Long-term Infrastructure by Ben WiklerMeet Wisconsin’s Proudest Vote Suppressor by Marc EliasMeet the Wisconsin Supreme Court Candidates Who Want To Protect DemocracyDebunking the Wisconsin Supreme Court’s Drop Box Opinion50 States of Lawsuits: Wisconsin

Mar 10, 2023 • 30min
The Right Wing’s Latest Legal Theory
Civil and voting rights groups have long challenged voter suppression laws and unfair maps in court using federal voting rights protections. But the conservative legal movement is now arguing that individuals and groups cannot bring these lawsuits — only the U.S. Department of Justice can — proposing that there is no private right of action in crucial federal voting laws. If courts endorse this concept, laws like the Voting Rights Act would be severely undermined and become largely unenforceable. Marc and Paige discuss where this surge of private right of action lawsuits came from, the current cases pushing this theory and what could potentially happen.
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Related links:
The Conservative Legal Movement’s Latest Target
Private Right of Action, Explained
This Civil Rights Provision Protects Your Vote from Simple Mistakes
Is the DOJ Doing Enough To Protect Voting Rights?
Case pages:
Vote.org v. Callanen
Arkansas State Conference NAACP v. Arkansas Board of Apportionment
Brnovich v. Democratic National Committee

Mar 3, 2023 • 40min
56,000 Voters’ Rights Are at Stake in North Carolina Feat. Daryl Atkinson
In 1876, North Carolina added a felony disenfranchisement provision to its state constitution with the express purpose of disenfranchising Black voters. The provision remains in place today and is being challenged in Community Success Initiative v. Moore. The outcome of the case is currently pending before the North Carolina Supreme Court and will determine if individuals on probation, parole or post-release supervision — over 56,000 North Carolinians — have the right to vote. We’re joined by Forward Justice Co-Director, and attorney in the case, Daryl Atkinson to discuss what’s at stake in this crucial lawsuit.
Support Forward Justice’s work here.
Volunteer with Forward Justice and Unlock Our Vote here.
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Related links:
The History of Felony Disenfranchisement in North Carolina
North Carolina’s Felony Disenfranchisement Law Heads to Court
Inside Forward Justice’s Fight To Restore Voting Rights to 56,000 North Carolinians
Community Success Initiative v. Moore

Feb 24, 2023 • 39min
Mississippi’s Ongoing Efforts to Disenfranchise Black Voters Feat. Arekia Bennett-Scott
Mississippi passed a bill to create an unelected court system in Jackson, a city with a Black population of over 80%, with judges appointed entirely by white state officials. Unfortunately, the proposed court system is just the tip of the iceberg in a state with a long history of undermining Black political power. We’re joined by Arekia Bennett-Scott, the executive director of Mississippi Votes and Mississippi Votes Action Fund, to discuss the history of anti-democratic legislation, the slew of bills targeting Jackson and what people can do to help.
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Related links:
Mississippi Continues To Deny Black Americans Political Power
Support Mississippi Votes
Sign the petition against HB 1020
The book Arekia mentions is Redemption: The Last Battle of the Civil War by Nicholas Lehmann

Feb 17, 2023 • 37min
Blue States Can Do Better
There are 17 states where Democrats control the governorship and both chambers of the state legislature. These so-called “trifectas” should use their power to pass robust legislation to protect the right to vote in their states. Marc and Paige discuss five voting laws that all blue states should pass this year.
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Related links:
Five Voting Laws Needed To Protect Democracy
The Worst Provision of a Very Bad Law
Poll Watchers: Republicans’ Latest Weapon
Message to Counties: Certifying Elections Is Not Optional
The Independent State Legislature Theory

Feb 10, 2023 • 45min
What’s Next on SCOTUS’ Docket?
The U.S. Supreme Court is already poised to issue decisions in two major elections cases that could fundamentally alter American democracy, but there are more voting rights cases coming its way. Marc and Paige discuss what’s next on the Supreme Court’s docket and what’s at stake.
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Related links:
North Carolina Supreme Court Will Rehear Two Voting Rights Cases With New GOP Majority
The Independent State Legislature Theory
Case pages:
Moore v. Harper
Merrill v. Milligan
Ohio Congressional Redistricting: Neiman v. LaRose
South Carolina Redistricting: South Carolina NAACP v. Alexander
Mississippi Congressional Redistricting: Buck v. Reeves
Mississippi Felony Disenfranchisement: Harness v. Watson
Maryland Mail-in Ballots: Cox v. Maryland State Board of Elections
Kansas Congressional Redistricting: Rivera v. Schwab

Feb 3, 2023 • 34min
Intimidating Voters Is Not Peachy
A major voter intimidation case out of Georgia went to court this week. Fair Fight Action sued True the Vote, a Texas-based, right-wing "election integrity" group, for illegally intimidating voters after the group challenged the voter eligibility of over 364,000 Georgians in the run-up to the 2021 Senate runoff elections. Marc and Paige break down how voter challenges like these work and their impact on voters.
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Related links:
University of Georgia Poll
Challenging Someone Else’s Voter Eligibility Shouldn’t Be So Easy. But It Is.
Voter Testimony: Intimidation and Disenfranchisement in the Georgia Senate Runoffs
The Worst Provision of a Very Bad Law
U.S. Department of Justice Submits Brief in Georgia Voter Intimidation Case
True The Vote's connection to Clean Elections USA
Lawsuits mentioned:
Fair Fight v. True the Vote
Arizona Alliance for Retired Americans v. Clean Elections USA