These ideas came from an article by, Richard L. Hasen, an American legal Scholar and Expert in Legislation, Election Law and Campaign Finance. He is currently Chancellor's Professor of Law and Political Science at the University of California, Irvine School of Law.
There’s a New Election Threat on the Horizon, and it requires Urgent and Bipartisan Action from Congress.
The New Threat is Election Subversion, which is, when those who Run Elections and Count the Votes, do something to Subvert the Will-of-the-People turning Election Losers into Winners.
Most of the current Political Conversation around Voting is about, Voter Suppression Bills, that make it more Difficult for Voters to Cast their Ballots.
From Shortening the Timeframe for Voters to Request a Ballot, to making it more Difficult to Deliver Mail Ballots, at least 14 States have enacted 22 Restrictive Laws, according to the Brennan Center for Justice.
At least 61 Bills with Restrictive Provisions are currently moving through 18 State Legislatures.
But Election Subversion is different from Voter Suppression. It is Misconduct that has occurred after Ballots have been Cast.
Think Trump’s Telephone Call to Georgia Secretary of State, Brad Raffensperger (R) asking him to “Find” 11,780 Votes to Flip the State’s Electoral College Votes from Biden to Trump. Raffensperger courageously Refused, and he released a Recording of the Telephone Call.
In the aftermath of Raffensperger Standing-Up to Trump, the Georgia Legislature stripped him of his Power on the State Elections Board and Republican Legislators gave Themselves the Power to Appoint Someone to take over that Role. They also gave the State Election Board, dominated by Republicans, the Power to Temporarily, Take Over, Voting Procedures in Counties, including Democratic-dominated Counties in Georgia.
Around the Country, those who stood up to Trump’s attempts to Subvert the Will of the People in the 2020 Elections, are being Replaced by those who Repeat the “Big Lie” that the 2020 Election was Stolen form Trump.
IHasen studied Election Law for over 25 years, and he has seen No Credible Evidence that any State’s Election Results were Fraudulent or Illegal in the 2020 Elections. Nonetheless, Republican Candidates, around the Country, have embraced the False Claims, and they may be in a Position to Manipulate Election outcomes in 2024.
Congress needs to Step-In now and Stop the Danger of Election Subversion, before more Moderate Senators like, Roy Blunt (R-MO), and Rob Portman (R-OH), Retire, Congress needs to move Bipartisan Legislation Pinpointed at this Risk.
Hasen has Four Main Provisions, that should be included, in any Bill to Minimize the Risk of Election Subversion.
First: Congress should Require All Federal Elections to be Conducted on Voting Machines that produce a Paper Ballot. The Paper Ballot will Allow a Court or other Independent Body to Conduct a Hand Recount and Assure that the Reported Votes Match the Votes actually Cast by Voters. It was so Important that Georgia was able to Conduct Hand Recounts to Verify Biden’s Win over Trump in 2020.
Second: Anti-Subversion Legislation should Increase the Penalties for Tampering with the Results of Federal Elections. Prosecutors should be able to Threaten Serious Jail Time for any Election Official who might Manipulate Election Outcomes to Flip the Results from the Winner to the Loser. The U.S. Department of Justice (DOJ) bolsters its Staff to Investigate and Prosecute these Crimes throughout the U.S.
Third, Congress should use its Power in Article I, Section 4 of the Constitution to Require States to adopt Transparency and Chain-of-Custody Requirements for the Casting and Counting of Ballots. Procedures should be Oopen for Bipartisan and Non-Partisan Observation, but with Safeguards in Place to Stop “Observers” from Interfering with Fair Vote Counting or Intimidating or Threatening Election Officials, an increasingly prevalent Problem.
Fourth: It is time for Congress to Rewrite the Electoral Count Act, a Byzantine and Confusing Set of Rules, dating back to the 1880’s, that Congress uses for Counting Electoral College Votes from the States. In the 2020 Elections, we saw 147 Members of Congress Vote to Sustain Frivolous Objections, to the Vote Counting in Arizona and Pennsylvania, even though those States conducted their Elections in Fairways.
It should be much Harder to Challenge Fair Election Results, a point on which responsible Republican Senators showed their Agreement in confirming Biden’s Victory on the Morning of January 7th, 2021, after the Unprecedented Capitol Lnsurrection, on January 6th, 2021.
Democrats and Republicans Disagree about a Lot of things when it comes to Voting Rights and Elections. But on the Question of Election Subversion, they should come together and Protect the Integrity of the Vote Count. And it should happen before it is Too Late.
I think the Problem with H.R.1, is the Supreme Court could Reject It, when it Affects States. Many think it should Only Affect Federal Elections. One State said if it passed, they would hold Two Different Elections:
- The State would run State Elections under State Laws.
- The State would run federal Elections under H.R.1 Rules.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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