So, Marc Elias, what are you most worried about Donald Trump getting up to between now and Election Day?
Elias, of course, is the indefatigable Democratic election lawyer and founder of the website Democracy Docket, which tracks voting litigation in the United States. Elias is the right person to be tracking voting litigation, for the simple reason that he’s directly involved in most of it. He explained: “The Department of Justice is suing to get access, essentially, to the unredacted voter rolls in all 50 states. And they’re suing 30 of those states, and we have intervened to oppose them in all of those states.” He’s won so far in Oregon, California, and Michigan. He and his team await verdicts in the other states. And he noted, on the downside, that as many as 17 states, including Texas and Florida, quickly complied with Justice’s request. (On June 22, a federal judge ruled that the Trump administration could not pool data with states to verify voters’ citizenship, noting that states like Texas were already “actively” using it to check voter registrations and had flagged eligible voters for removal.) “It’s just gonna be a knife fight from here to the end,” Elias said.
“The argument broke down into two predictable camps,” Elias said. “You had the three most conservative justices that seem likely to rule for the RNC. You had three liberals who are not going to. And then the question is, What are [Brett] Kavanaugh, [Amy Coney] Barrett and the chief justice going to do? And I think they are hard to read.” The decision could affect thousands of votes, and in close elections, that could matter.
And finally, Carol asked, while you and other insiders are working to stop Trump from stealing the election, what can regular citizens do?
“Now, some people have really big town squares. You know, they own major media publications. Other people have smaller town squares. It may be just their social media feed, it may be their dinner table, it may be their bridge club or the bowling league they belong to, but everybody’s got some place where they can speak out and be heard. And what everyone needs to do is to use that town square to call out what Donald Trump is up to and what is happening to our democracy. And No Kings Day is a great opportunity for people to do that, but it is only one day out of a year. And so my ask for everyone is for them to use every opportunity they have to speak out on the issues of democracy and free and fair elections.”
“Because I think if we have free and fair elections,” Elias said, “Democrats are going to take control of the House and the Senate, and they’ll do quite well downballot, but if Donald Trump is able to, in the darkness of the night, rig the elections through unfair districts or suppress the vote through executive orders that go unchallenged, or make it impossible for people who have hourly jobs to be able to vote because there are long lines or because the streets are closed off, then he will have won. All of us can become ambassadors for access to voting by posting on social media, calling their friends, or texting their text chain with their college roommates. And so that’s the thing that I ask everyone to do.”
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