Where’s the Fraud?
After months of hearing Republicans cry fraud in parking lots, in legislative chambers and on Fox News, judges are now asking, “where’s the fraud?”
As the founder of Democracy Docket and Partner at Elias Law Group, Marc Elias is a nationally recognized authority in voting rights, redistricting and law. In 2020, Marc led the historic legal effort to protect voting rights, winning over 60 lawsuits against the GOP’s efforts to suppress the vote. As Republicans continue to mount aggressive challenges to voting, Marc continues to fight back in court and on Twitter. Fighting for democracy by his side is Marc’s Portuguese Water Dog named Bode.
After months of hearing Republicans cry fraud in parking lots, in legislative chambers and on Fox News, judges are now asking, “where’s the fraud?”
As uncomfortable as it is to discuss, we need to establish before the election the framework for assessing whether an election meets the threshold of free and fair and, more importantly, what we will do if it does not.
While Republicans have made reforming voting rules to disenfranchise voters a priority, fewer Democrats have used their majorities to make voting easier. While there are some exceptions, there is still more to be done everywhere.
That is why the extraordinary letters from members of Congress and Harris County officials are so important. These elected officials made clear that like their constituents, they are not prioritizing the development of legal precedent, but are demanding more litigation to fight for the right to vote.
President Biden said, “This is the moment to decide to defend our elections, to defend our democracy.” The Freedom to Vote: John R. Lewis Act is the law we need at this moment. History will be watching.
On Jan. 6, 2021, armed insurrectionists breached the Capitol to prevent Congress from certifying the results of the election. If we are to remain a democracy, we must be clear in our words and steadfast in our actions to prevent this in the future.
The events of Jan. 6 were neither the end of the Trump era nor a precursor to 2024. Instead, they were the continuation of a multi-year plan for Republicans to maintain majority power with a shrinking share of popular support.
The Senate being the Senate and Republicans being Republicans, it was always going to come down to this: Democrats alone need to save democracy. The time is now. There is no time left to waste.
Despite evidence that Republicans are preparing to subvert the results of future elections, too many Democrats remain focused on other things. While Republicans are united on a forward-looking strategy to attack democracy, Democrats’ attention is scattered.
Once citizens lose their sense of outrage, democracy is doomed. When we tolerate less free and less fair elections in order to achieve political victories, a vital part of democracy is lost for good.