

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

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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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

Jan 27, 2023 • 26min
North Carolina Republicans Want a Redo
Update: On Feb. 3, 2023, the North Carolina Supreme Court agreed to rehear both cases. Find out more here.
North Carolina’s Republican-controlled Legislature wants the newly red state Supreme Court to rehear two major voting rights cases that they lost last term. Marc and Paige discuss how this is just North Carolina Republicans' latest scheme in its long history of undermining free and fair elections.
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GOP Lawmakers Want Re-do of Partisan Gerrymandering Case After North Carolina Supreme Court Flips
North Carolina Republicans Ask State Supreme Court To Rehear Photo ID Law
Read The Latest Gambit From North Carolina Republicans by Marc Elias
Read: Partisan Control Was on the Line in These State Supreme Court Races by Mac Brower
Shelby County v. Holder
Moore v. Harper
Holmes v. Moore
Community Success Initiative v. Moore

Jan 20, 2023 • 41min
The Judiciary Needs Reform feat. Senator Sheldon Whitehouse
On the 13th anniversary of Citizens United and the 50th anniversary of Roe v. Wade, we’re joined by special guest Sen. Sheldon Whitehouse (D-R.I.) to discuss issues facing the judiciary and the network of anti-democratic forces influencing our courts.
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Related links:
Moore v. Harper Case Page
Merrill v. Milligan Case Page
American Tradition Partnership, Inc. v. Bullock
Read Sen. Whitehouse’s amicus brief in Moore v. Harper
Read Sen. Whitehouse’s book The Scheme: How the Right Wing Used Dark Money to Capture the Supreme Court
Read A Constellation of Anti-Voting Groups Threaten Democracy by Marc Elias

Jan 14, 2023 • 26min
Lies, Legislatures and Litigation
Marc and Paige discuss what they expect during upcoming legislative sessions and our new litigation report, with a side of Rep. George Santos (R-N.Y.) shenanigans.
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Related links:
Alert: New York Senate Passes Bill Removing Line-Warming Ban
Alert: Proof of ID to Vote Amendment Passes Pennsylvania Senate
Alert: Voter Sues Judge Who Dismissed Kari Lake’s Election Contest
2022 Litigation Report: How Republicans Lost and Voters Won in Court

Jan 10, 2023 • 32min
Ohio's New Voter Suppression Law
In a bonus episode of Defending Democracy, Marc and Paige discuss Ohio’s new voter suppression law, exactly what it does, why it’s so harmful to voters and the lawsuit already filed challenging it.
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Related links:
Alert: Ohio Governor Signs Strict Photo ID Bill Into Law
Alert: Ohio Organizations Sue Over State’s New Voter Suppression Law
Lawsuit Over H.B. 458 Case Page

Jan 6, 2023 • 34min
New Year, New Maps
On the second anniversary of the Jan. 6 insurrection, House Republicans still can’t elect a Speaker, a federal court issued a victory for voters in South Carolina and we’re gearing up for a new wave of redistricting litigation in 2023.
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Alert: Biden Signs Electoral Count Reform Act Into Law
Read: Naming the Insurrection by Marc Elias
Read: It Is Time to Reform the Electoral Count Act by Marc Elias
Read: How Gerrymandering Helped Republicans Win the House
Alert: Federal Court Strikes Down South Carolina Congressional District
Alert: Texas Lawmakers Prefile Over 70 Election and Voting Bills

Dec 23, 2022 • 30min
Republicans in Arizona Are Not Okay
In an impromptu episode, Marc and Paige discuss the status of the five Republican election contests in Arizona and Kari Lake's trial. Plus, get Marc’s thoughts on Congress passing the Electoral Count Reform Act in the omnibus spending bill.
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Related links:
Alert: Arizona Court Dismisses GOP Lawsuit Asking to “Annul” Election Results
Alert: Arizona Judge Dismisses Finchem Election Contest
Alert: Arizona Judge Dismisses Majority of Kari Lake’s Claims in Gubernatorial Election Contest
Alert: Kari Lake’s Governor Election Contest Completes First Day of Trial
Alert: U.S. Senate Passes Electoral Count Reform Act
Read: “It Is Time to Reform the Electoral Count Act” by Marc Elias
Kari Lake’s Governor Election Contest Completes First Day of Trial
Kari Lake’s Governor Election Contest Completes Second Day of Trial
Josh Barnett’s Election Contest Case Page
Mark Finchem’s Election Contest Case Page
Sonny Borrelli’s Election Contest Case Page
Kari Lake’s Election Contest Case Page
Abe Hamadeh's Election Contest Case Page

Dec 16, 2022 • 46min
Goodbye 2022, Hello 2023
In the last episode of Defending Democracy of 2022 — and the first episode via podcast — Marc and Paige talk about election challenges in Arizona, how oral argument in Moore v. Harper went, the future of Georgia runoff elections and what to expect in 2023.