Top election lawyer Marc Elias wrote in his Democracy Docket newsletter on Sunday:
“Over the last 48 hours, two things have become unmistakable: Donald Trump is trying to steal the midterm elections, and Attorney General Todd Blanche will do whatever he can to help him.
“In California, the DOJ has escalated its threats against election officials and voters. On Friday, it sent letters to all 58 counties demanding they set aside mail ballots the DOJ has flagged or face the ‘risk significant federal scrutiny.’
“Meanwhile, in Alaska, Trump went further. He ordered his DOJ to sue to block certification of the Senate election if Democrat Mary Peltola wins. Asked about the lawsuit, Trump said, ‘Well, I’m one that said, ‘Do it.’’
“My law firm, Elias Law Group, has already moved to intervene to defeat this on behalf of Peltola’s campaign and the Democratic Party.
“DOJ’s rationale for the lawsuit is ridiculous, and its legal arguments are frivolous.
“The pretext for this lawsuit is the fact that two men named Dan Sullivan are on the ballot: Republican Sen. Dan S. Sullivan and Dan J. Sullivan, a retired teacher from Petersburg. DOJ asserts this is confusing to voters and that the remedy is to certify the Republican the winner.
“For this astounding proposition, the DOJ relies on the National Voter Registration Act. Set aside that the law governing voter registration has nothing at all to do with the certification of elections. Set aside that the underlying factual claims in the complaint read like a cross between Mad Libs and an AI chatbot run amok.
“The Alaska Supreme Court has already rejected the effort to keep the second Dan Sullivan off the ballot. And the Constitution gives states, not the president or the Justice Department, the authority to govern the composition of their ballots and the criteria for certifying their elections.
“But this, in some respects, is beside the point.
“The clumsy execution of Trump’s whim in Alaska is less important than what it reveals about his intentions and Blanche’s willingness to be his accomplice.
“Trump’s goal is clear. He plans to try to steal the election by asserting control over the counting and tabulating of ballots. That extends to the certification of results.”
A New York Times analysis concurs with Elias on the action in Alaska:
“Mr. Trump harnessed the power of the federal government to try to interfere in the voting process before Election Day — essentially trying to nullify an opponent’s potential win before the game has been called.
“Even for a president who worked to undermine and overturn the 2020 presidential election, the anticipatory strike reflects a new intensification of Mr. Trump’s attempts to use his official powers to achieve the election results he wants — one that undermines the democratic process, according to election and legal experts. While they say the administration’s lawsuit is unlikely to be successful, the tactic could still further Mr. Trump’s goals by shaking the confidence of voters in the outcome of the race.”
“With each claim of election fraud, Mr. Trump is creating another platform to sow doubt about the elections and, some state officials and election experts worry, lay the groundwork to challenge the results of the specific contests.”
Elias is at work. The voter rights organizations are, too.
If you wren’t able to watch the hour-long No Kings election defense event on Thursday, you can see it here.
The event was introduced by Randi Weingarten, president of the American Federation of Teachers, author of “Why Fascists Fear Teachers: Public Education and the Future of Democracy,” and one of the founders of No Kings.
Weingarten said the best election protection is a decisive vote, and she called on Americans to make the vote “too big to rig.”
On Thursday, Oct. 29, No Kings will be holding a federal voting rights training from 8 to 9 p.m. Eastern time. You can RSVP here.
Heather Cox Richardson’s item this morning also is about the election.
Meanwhile, voters — especially Democratic ones — in Kansas, Ohio, South Carolina, Tennessee and Texas are discussing difficulties with touchscreen voting machines, reports The Associated Press.
“The reports erupt on social media every election year,” says AP. “Voters say they tapped a candidate’s name on a touchscreen voting machine, only for the wrong person to light up as their selection.
“With some trial and error, and occasionally help from poll workers, the voters are generally able to cast their intended ballots. Nevertheless, some come away from the experience assuming the worst — that the anecdotal issues are proof of a partisan election-rigging scheme.”
Election officials say the touchscreen challenges almost always are the result of user error or an easily fixed screen miscalibration, and say the number of complaints this year isn’t higher than in years past, despite the outsized attention on social media.
Voting rights, commentary on briefing.center
“The vote is precious. It is the most powerful non-violent tool we have in a democratic society, and we must use it.” — late Rep. John Lewis, D-Ga., civil rights activist
Here are regularly updated voting rights resources for the midterm elections, on John Dineen’s briefing.center website. And here is John’s daily commentary on his briefing.center home page.
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