Republicans running partisan reviews of the 2020 election results and Democrats trying to stop them are barreling toward court showdowns in two key swing states in the coming weeks. Nearly a year after President Joe Biden’s inauguration, Republican-led legislative chambers in Pennsylvania and Wisconsin are still forging ahead with investigations similar to earlier efforts in states such as Arizona — which were sharply criticized by election experts — looking for evidence of fraud or other malfeasance in the 2020 vote. Now, an initial round of rulings and new court dates in lawsuits challenging the reviews is coming up, with Democrats and election experts hoping they will halt the drive by Republican lawmakers to revisit the results. Investigations in other states, most recently Texas, have failed to turn up evidence of serious issues. And election experts have long warned that the reviews — which supporters often call “audits,” a term professional election administrators and experts have rejected — are a political vehicle for former President Donald Trump and his followers to launder their conspiratorial beliefs about his 2020 loss into the mainstream under the guise of government investigation.
Editorial: Democrats, Want to Defend Democracy? Embrace What Is Possible. | Larry Diamond/The New York Times
Like many scholars of democracy, I have strongly supported both the John Lewis Voting Rights Advancement Act and the Freedom to Vote Act. Both are necessary (though not sufficient) to secure the most precious rights in any democracy — the right to vote and the right to have one’s vote counted fairly and accurately. Most supporters of these bills believed the urgent need for them justified lifting the Senate filibuster and passing them on a purely partisan vote. But with the refusal of Democratic Senators Joe Manchin and Kyrsten Sinema (or any Republican senators) to vote to suspend the filibuster, it’s clear that these bills will not pass this Congress. The only remaining option is to pare back the reform cause to a much narrower agenda that can command bipartisan support. Democrats must recognize that politics is the art of the possible, and democratic responsibility demands that we not sacrifice what is valuable and possible on the altar of the unattainable. That means supporting the bipartisan efforts to reform the Electoral Count Act. This work is now taking shape in bipartisan negotiations among moderate senators convened by Susan Collins, Republican of Maine. The new bill would fix some of the most dangerous vulnerabilities in the 1887 Electoral Count Act — some of which we saw in the 2020 election — that could enable a future Congress (or a rogue vice president) to reverse the vote of the Electoral College in certain states or to plunge the process of counting electoral votes into such chaos that there would be no way of determining a legitimate winner. Such a deadlock could precipitate a far larger and more violent assault on the democratic order than what we saw on Jan. 6. Reducing the risk of such a calamity is a democratic imperative.
Full Article: Opinion | Democrats, Want to Defend Democracy? Embrace What Is Possible. – The New York Times