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"With 102 deniers on election boards in the swing states, the potential for creating chaos is enormous."
More than 100 election officials across eight swing states in the U.S. presidential race have engaged in partisan election denial in recent years, raising fears they could try to turn the November result in favor of Republican nominee Donald Trump, according to a report released Friday.
The 88-page report, produced by the Center for Media and Democracy (CMD), details the election denial history of 102 county and state election officials in Arizona, Wisconsin, Georgia, Nevada, New Mexico, North Carolina, Pennsylvania, and Michigan. The authors found that election deniers have majority control of 15 county election boards in those states and of the statewide board in Georgia.
"What was striking to us about our research is how much election denialism and the voter fraud lie have infiltrated and taken over the Republican apparatus in each of these critical states," Arn Pearson, CMD's executive director, toldThe Guardian.
"With 102 deniers on election boards in the swing states, the potential for creating chaos is enormous," Pearson added.
The three Republicans on the five-member Georgia state election board support Trump's baseless claims that the 2020 election was rigged. Last month, they changed the rules so that they'd have more power to refuse or delay certifying election results while conducting unspecified investigations, and they appear to be preparing more rules changes before November 5.
Trump recently commended the three Republicans by name at a rally in Atlanta, saying they were "on fire" and were "pit bulls fighting for honesty, transparency, and victory."
In 2020, Trump lost to President Joe Biden, a Democrat, by only about 12,000 votes in Georgia, one of the states expected to be closely contested again this year as the Republican former president faces off against Vice President Kamala Harris, the Democratic nominee.
Trump faces criminal charges in Georgia for trying to interfere in the 2020 presidential election. Four other defendants in the felony racketeering case have already pleaded guilty.
Marc Elias, an election lawyer who advises the Harris campaign, said the new rules in Georgia were "somewhere between insidious and insane." He and many other experts have emphasized that election boards are not meant to carry such power. Making a football analogy, Elias said that the rules gave "the scoreboard operator the opportunity to investigate for themselves whether a touchdown was scored," as he toldThe New Yorker Radio Hour.
Partisan conspiracy theories among election officials go well beyond Georgia, the CMD report shows. Pennsylvania has 29 election administration officials loyal to Trump—the most of any of the eight states—and they control the boards in seven counties there, the report says.
The report looks not just at election officials but also other Republican "election deniers" including U.S. congressional candidates and party officials from the eight states. The authors found 239 election deniers including the 102 election board officials.
CMD defined someone as an "election denier" if they had done any of the following: "denying that Joe Biden was the legitimate winner of the 2020 presidential election"; "espousing baseless claims or conspiracies about election and voter fraud during the 2020 election or subsequent elections"; "refusing to certify election results, or calling on others to refuse to certify, based on unfounded accusations of interference or fraud"; "expressing support for partisan or 'forensic' audits of 2020 election results"; "filing or expressing support for litigation aimed at overturning election results"; "participating in or supporting the January 6, 2021, assault on the U.S. Capitol or 'Stop the Steal' events."
Experts differ on whether Republican efforts to subvert the election, should Trump lose, will be more or less effective than in 2020.
"Our democracy's firewalls held fast in 2020, but election deniers and MAGA extremists have spent the last four years infiltrating election administration and political party positions in order to disrupt and cast doubt on the 2024 election results," Pearson said in a statement accompanying the report.
However, officials not loyal to Trump have also had more time to prepare for potential election interference, and the Electoral Count Reform Act, passed by Congress in 2022, could make it harder for Trump's efforts to succeed, experts say.
Pearson indicated that Trump's allies on election boards may not ultimately succeed at overturning the election but could sow doubt that damages democracy.
"While it is highly unlikely that these officials, along with deniers in Congress, will be able to prevent certification of the 2024 election results, they are in a prime position to force litigation and delay what should be a ministerial task while they and their allies whip up false claims of voter fraud, noncitizen voting, and a stolen election," he said.
CMD's report follows those of many other media outlets and watchdog groups in recent months, with broadly similar findings, if different exact figures. A CBS Newsinvestigation in May found 80 election-denying officials in seven battleground states. Rolling Stone and American Doomfound nearly 70 in six states in July. And last month, Citizens for Responsibility and Ethics in Washington issued a detailed report identifying 35 "rogue" officials.
"I think there's almost no question that this is going to happen," an expert said of county official obstructionism in 2024. "And it seems to be happening in a way this year that is more systematic than it has been in the past."
Citizens for Responsibility and Ethics in Washington, a watchdog group, released a report on Monday showing that 35 county officials around the country who've previously tried to subvert election results are still in place to do so.
The 113-page report not only identifies "rogue" election officials who pose a risk of obstructing the certification process in order to help Republican nominee Donald Trump but also includes state-by-state and federal election law analysis meant to help thwart such obstructionism. CREW's state-level analysis covers eight key swing states.
CREW warned that county officials in the eight states—Arizona, Colorado, Georgia, Nevada, New Mexico, North Carolina, Pennsylvania, and Michigan—have refused to certify results in elections of relatively little consequence as a test run for obstructing the consequential 2024 election, in case they dislike the results.
"I think there's almost no question that this is going to happen," Noah Bookbinder, CREW's president, said of the obstructionism on The Rachel Maddow Show Monday night. "And it seems to be happening in a way this year that is more systematic than it has been in the past. So that's deeply, deeply concerning."
"The good news is it's clearly illegal in all of these states and there are steps that can be taken to effectively halt it," he said.
Since 2020, threats to election certification have only escalated, including in Arizona, Colorado, Georgia, Nevada, New Mexico, North Carolina, Pennsylvania and Michigan.
We broke down what can be done to protect the 2024 election in our new report: https://t.co/8tLK0D7aV3
— Citizens for Ethics (@CREWcrew) August 13, 2024
The report makes it clear, as previous nonprofit research has done, that election certification is not optional or discretionary: it is a ministerial duty. The authors wrote:
It is not an opportunity for county officials to politically grandstand, lodge protest votes against election practices they dislike or investigate suspected voter fraud," the report says. "State laws provide robust mechanisms outside of the certification process—including recounts, audits, evidentiary hearings before state election boards, and election contests in court—to investigate suspected fraud and errors. These are the legally-designated avenues for resolving the rare cases where genuine problems arise in an election, not the certification process.
The authors also explained that certification is just one stage in a multi-step process and must be done in a timely fashion to avoid disruptions, which could feed conspiracy theories.
Many of the laws pertaining to the certification role of election officials date back to the turn of the 20th century, when they were passed in order to stop partisan election deniers of that era, the report says.
Democrats have been especially concerned about election obstructionism since 2020, when then-President Trump tried to subvert and discredit the presidential election results—making false claims about voter fraud—after his reelection bid failed. That effort culminated in a violent insurrection at the U.S. Capitol on January 6, 2021, as the U.S. Congress was preparing to certify the results.
Many county officials around the country, presumably feeling they had license given Trump's rhetoric, also voted against or delayed certification in 2020, but their efforts were unsuccessful due to being outvoted or legally forced to certify.
However, Republicans intent on winning at all costs are more organized this year, and there's more emphasis on the county level, CREW warned.
"The legal ground game that was brought to bear against certifying the election in 2020 was junior varsity compared to what we are going to see this year," Joshua Matz, a lawyer on the board at CREW, toldThe Guardian. "There is now a much better organized, much more sophisticated, far better funded and far more intentional effort to thwart the smooth and steady certification of election results required by the law."
The CREW report includes information on each of the 35 rogue officials, including their names and their stated reasons for refusing to certify one or more elections; many of them are included on the list because they tried to obstruct elections in the past two years.
Some of the county officials who've refused to certify elections have given reasons that are "brazenly lawless," the report says. In North Carolina, two officials voted against certification as a form of protest, and in Arizona two officials voted to delay certification as a "political statement." In other cases, in Georgia and Pennsylvania, obstructionist officials have offered a "veneer" of legal justification, the report says.
Very few county officials have faced legal consequences for their efforts to subvert the election process.
The CREW authors argued that the federal government needs to be ready to step in to enforce the Voting Rights Act and other laws.
"Because the states administer elections, they are the first lines of defense against county-level certification subversion," the report says. "But the federal government also has a vital role in enforcing relevant federal statutes and constitutional provisions protecting the right to vote. Thus, if a state is unable or unwilling to take action against rogue county officials who threaten to disenfranchise voters in violation of federal law, the U.S. Department of Justice should intervene."
By fully charting a new course on Gaza policy, Vice President Harris can build on this goodwill, win back the support of American Muslims and other voters in key swing states and, ultimately, save the country from another Trump presidency.
In the weeks leading up to President Biden's withdrawal from the presidential race, most of the editorial boards, party activists, and elected officials calling for him to end his reelection campaign focused on only one issue: age.
But there was another reason President Biden needed to drop out: Gaza.
Long before President Biden's debate meltdown sparked panic in the Democratic establishment, his support for the Israeli government's war in Gaza sparked outrage in the Democratic base, where 56 percent of the party's supporters have described the war as a genocide.
At least half a million Democratic voters protested President Biden's support for the Gaza genocide by voting uncommitted or submitting blank ballots during the presidential primaries earlier this year, including over 100,000 people in Michigan, 88,000 in North Carolina and 46,000 in Minnesota.
Over 1 in 5 Democrats or independents in key swing states said they were less likely to vote for President Biden due to the war, according to a YouGov-AJP-Action poll in May. Over a quarter of those voters said that an immediate and lasting ceasefire, full entry of humanitarian aid to Gaza, and conditions on military aid for Israel’s war were the minimum policy changes needed to secure or solidify their votes for Biden.
Vice President Harris has already neutralized the concerns of voters worried about President Biden's age. Now she must address the concerns of voters who opposed his support for the war on Gaza.
Many Democratic voters were alienated even more by President Biden's failure to call out reports of anti-Palestinian racism and Islamophobic violence with the same fervor he uses to call out reports of antisemitic rhetoric, as well as his criticism of the diverse, overwhelmingly peaceful student protests on college campuses.
Frustrated voters included Muslim Americans, Arab Americans, Black Americans, young people and others who helped carry him to victory in 2020. If those voters ended up supporting third party candidates or boycotting the presidential race altogether in November—as some promised to do if Biden remained on the ticket and did not change course—they could have easily tipped the results in Michigan and other key swing states.
Now that President Biden has withdrawn from the presidential race, Vice President Kamala Harris has a chance to turn the page, chart a new course, and win back those voters, including American Muslims.
That's what our coalition of American Muslim political organizations is calling on her to do.
Vice President Harris has already neutralized the concerns of voters worried about President Biden's age. Now she must address the concerns of voters who opposed his support for the war on Gaza.
Many American Muslims are open to supporting Vice President Harris if she distances herself from President Biden's Gaza policy, respectfully engages with all of our community leaders, picks a vice presidential nominee who does not have a history of explicit hostility towards our community like Governor Josh Shapiro, and commits to concrete policy proposals that would stop the genocide, end the broader occupation of the Palestinian people, and establish a just peace.
Taking these steps will set her apart from not only President Biden, but also from President Trump.
Most American Muslims do not want Donald Trump to return to office for perhaps obvious reasons. The former president has made it clear that he plans to round up undocumented immigrants as part of the largest mass deportation in American history, reinstate the Muslim Ban, stack the federal civil service with political loyalists, and pursue a foreign policy just as or even more, immoral than President Biden’s foreign policy.
During the presidential debate, President Trump even said that the Israeli government should be allowed to complete its war on Gaza, ignored the question of whether he would support the recognition of a Palestinian state to achieve peace, and weaponized Palestinian identity as a racist insult.
After President Trump's speech at the RNC, Republican Jewish Coalition CEO Matt Brooks reportedly said that he believes Trump will give the Israeli government a "blank check" to “finish the job quickly” in Gaza.
“If you need to carpet bomb the area, do it," Brooks said.
Vice President Harris now has the opportunity to contrast herself with Trump on this issue in ways President Biden could not. She has already built up some goodwill in the American Muslim community by using a noticeably more humane tone when discussing Palestinian suffering compared to others in the administration.
She just took heat from the far-right Zionist Organization of America, which ridiculously accused her of embracing "Arab Islamist criminality" because she dared to express some understanding of college students protesting the war on Gaza.
This week, Vice President Harris also declined the opportunity to sit behind Benjamin Netanyahu during his controversial address to Congress. After privately meeting with him on Thursday, Harris delivered remarks about Gaza that were far more balanced and humane than anything Joe Biden has said in nine months.
By fully charting a new course on Gaza policy, Vice President Harris can build on this goodwill, win back the support of American Muslims and other voters in key swing states and, ultimately, save the country from another Trump presidency. She must not miss this opportunity.