Newsletter: Why Accountability for Election Deniers Matters
False claims about widespread fraud can be used to create confusion and chaos after the voting is complete — which is why accountability for those who sought to undermine recent elections is essential.
The anti-democracy movement has deployed a variety of tactics designed to undermine trust in our elections in the leadup to November, from spreading lies about illegal voting by non-citizens to filing lawsuits attacking voting rules.
False claims about widespread fraud can also be used to create confusion and chaos after the voting is complete, which is why accountability for those who sought to undermine recent elections is essential.
- While fake electors who signed the false electoral certificates in 2020 have faced legal consequences in several states, Pennsylvania’s fake electors included a legal caveat saying their electoral votes should only be counted if a court found them to be the “duly elected and qualified Electors.”
- Now, as Votebeat reported this week, five of those fake electors are poised to again serve as presidential electors this fall. What’s more, three of them told Votebeat and Spotlight PA that they would be willing to repeat what they did in 2020.
The fundamental importance of accountability is why we successfully sued the Georgia State Election Board last month when its ultra-conservative majority pushed through partisan-engineered rules in an illegal meeting.
- The Trump-allied board withdrew the rules in response. But earlier this month, it approved a rule requiring local election officials to conduct “reasonable inquiries” before certifying results, an alarming rule that opens the door for post-election chaos.
- The board also approved sending all counties a sign saying, “U.S. CITIZENS ONLY,” which, as we told the Atlanta Journal-Constitution, isn’t just unnecessary but also contributes to the harmful rhetoric that has a chilling effect on legal voting among immigrants.
Accountability is also why earlier this year, we filed a lawsuit to force two county supervisors in Arizona who had refused to certify the 2022 election to comply with the law and turn over public records related to recent election administration changes.
- Cochise County Supervisors Tom Crosby and Peggy Judd are currently facing conspiracy and election interference charges for having delayed the canvass and certification of the 2022 election in the county.
- Crosby and Judd said they refused to certify the election results based on the false claim that the county’s electronic machines had not been properly certified.
During depositions in our lawsuit earlier this month, they refused to answer essentially all questions on the grounds of potential self-incrimination.
- On Thursday, we asked the court to compel their testimony and to order them to answer five specific questions or to assume that their answers to those questions would have been unfavorable in our public records lawsuit.
- Our motion argues that Crosby and Judd cannot assert “blanket” Fifth Amendment objections because in a civil lawsuit, the amendment does not permit a witness to refuse to answer deposition questions when a truthful answer opens no door to self-incrimination.
- Our lawsuit, which came after the county and the supervisors failed to hand over any records, seeks documents related to the Board of Supervisors’ changes to county election administration, litigation over hand counts, and refusal to certify the 2022 elections.
Other Stories We’re Following
Election Denial, Voting Rights, and Threats to Democracy
- Election officials like Tina Peters are a more pressing threat to elections than theoretical voting machine hacks (Votebeat)
- Armed and underground: Inside the turbulent, secret world of an American militia (ProPublica)
- Texas AG Ken Paxton announces warrants looking for voter fraud in Bexar, Atascosa and Frio counties (Texas Public Radio)
- In small towns, even GOP clerks are targets of election conspiracies (Stateline)
- Election deniers secretly pushed rule that would make it easier to delay certification of Georgia’s election results (ProPublica)
- New York’s mail-in voting law upheld by the state’s top court (Associated Press)
- These right-wing groups are trying to remove millions of voters around the country (Democracy Docket)
- Post-2020 voter ID restrictions are getting their first test in November elections (Florida Phoenix)
- DeMarco introduces legislation requiring county elections office to check citizenship status of voters (Pittsburgh Post-Gazette)
- Utah lawmakers want voters to give them the power to change ballot measures once they’ve passed (Associated Press)
In the States
- Florida’s official tourism site removes ‘LGBTQ Travel’ section (NBC News)
- Missouri agency quietly made it harder to change gender marker on driver’s licenses (Missouri Independent)
- Green Bay’s prison has returned to normal operations. Incarcerated people say it’s not all better. (Wisconsin Examiner)
Abortion and Reproductive Rights
- Montana becomes eighth state with ballot measure seeking to protect abortion rights (Associated Press)
- Missouri outlawed abortion, and now it’s funding an anti-abortion group that works in other states (ProPublica)
- Florida Supreme Court sides with state panel in feud with abortion-rights amendment sponsors (News from the States)
- Arkansas Supreme Court upholds rejection of petitions to let voters decide on abortion access (Associated Press)
Threats to Education
- University of Kentucky to disband diversity office after GOP lawmakers pushed anti-DEI legislation (Associated Press)
- A South Texas school district received a request to remove 676 books from its libraries (Texas Tribune)
- Other states alarmed by Georgia teacher’s firing over book, court records show (Atlanta Journal-Constitution)
- Kansas school district investigated missionary’s visit to hand out Bibles to students (News from the States)
- Supreme Court keeps new rules about sex discrimination in education on hold in half the country (Associated Press)