Our elections ARE at risk, if you know who gets his way

The most surprised I ever was about anything in my life was the day I watched on television as thousands of members of MAGA world rioted at the U.S. Capitol, physically assaulted the law officers on duty there and tried to illegally interfere with the peaceful transfer of presidential power, because they believed Donald Trump’s lies that the 2020 presidential election had been stolen from him.  Ultimately they only delayed the work of Congress, and the fact that the criminal convictions of more than 1200 people for their actions that day were erased by TFG’s clemency doesn’t mean it didn’t happen; it did, and we all saw it.  He hasn’t stopped lying about that ever since; he’s now laying the groundwork to easily steal the next election.

Earlier this month the president repeated a call for the Republican Party to nationalize federal elections.  Despite the Constitutional provision that elections for federal office are to be run by the states (or perhaps just ignoring the Constitutional direction, as he often does), Trump appeared on a podcast and said he “believed the federal government should ‘get involved’ in elections that are riddled with ‘corruption,’ reiterating his position that the federal government should usurp state laws by exerting control over local elections.”  You shouldn’t be surprised to learn that the places he believes to be “riddled with corruption” are places where Democrats do well.  Only  places where Democrats do well.

Mr. Trump’s comments and an intensifying Republican push in Congress to tighten voting laws — along with an F.B.I. move last week to seize ballots and other voting records from the 2020 election from an election center in Fulton County, Ga., — suggests a broader drive by the president and his allies to sow distrust of American elections ahead of midterm balloting in November.

Mr. Trump himself has repeatedly forecast in recent months that Republicans would lose midterms, after the party was rattled by losing several local races last November, and a Democrat won a special election in Texas last week in a district that Mr. Trump had won by double digits.

Voting by noncitizens happens rarely, and it is already illegal in federal elections. But Mr. Trump and many of his allies repeatedly and baselessly insisted during the 2024 election that noncitizens were flooding to the polls — a campaign of misinformation that has ramped up in recent weeks as the election nears.

The Justice Department, which has been newly politicized under Mr. Trump, is demanding that numerous states, including Minnesota, turn over their full voter rolls as the Trump administration tries to build a national voter file.

You’ve got to give the Trumpers credit for being better organized about election rigging this time around: his new director of election security and integrity, “with the power to refer criminal investigations…into things that have been thoroughly debunked,” is “Kurt Olsen, a rather prominent character in Mr. Trump’s election denialism movement. Mr. Olsen, who is a lawyer, was considered by people in the first Trump administration to be a fringe menace.”  Fox, meet henhouse.  (No, not that Fox.)

No matter how many times the results of the 2020 election have been rehashed, Mr. Trump’s fixations have not abated. Mr. Olsen’s position is proof of that.

But he is not the only one. The president has installed proponents of his fraud claims all across his administration. And increasingly, he has started to cast doubts on the coming midterm elections as Republicans face potentially big losses in November.

(snip)

“Kurt Olsen has a history of abusing his law license to spread lies about our elections,” said Christine P. Sun, a senior vice president at the States United Democracy Center, a nonprofit group that works with state officials to bolster confidence in their elections. “Now, he’s using his role in the administration and the power of the federal government to take actions fueled by those same lies. It’s part of a multipronged approach that threatens state power over our elections.”

Mr. Olsen has said he began his career in the 1990s at the large corporate Washington firm Kirkland & Ellis. He went to Christmas parties at the home of Jeffrey A. Rosen, a partner in the law firm at the time who would go on to become the acting attorney general during Mr. Trump’s first term, Mr. Olsen has said. Mr. Olsen has said that he never did any election legal work.

During the frantic weeks following the 2020 election, Mr. Trump and others immediately began claiming, without evidence, a wide variety of problems with election machines. Mr. Olsen, too, came to believe that “something was not right,” he said in a legal deposition in 2023.

(snip)

That started him on a path of taking on cases that many other Republican attorneys avoided putting their names on, including one brought before the Supreme Court in December 2020 seeking to reverse Mr. Trump’s defeat at the polls. Mr. Olsen has said that the team worked “round the clock” to put the case together.

After the Supreme Court rejected the case, Mr. Olsen said he spoke to Mr. Trump and discussed a strategy to have a similar suit brought by the Justice Department. He also pressed his old colleague Mr. Rosen to bring the case on behalf of the country.

But Mr. Rosen told Mr. Trump in an Oval Office meeting that the case would not be accepted because of a lack of standing. Mr. Trump responded that Mr. Olsen had promised it was a “slam dunk,” according to a report from the Senate Judiciary Committee.

Even after Mr. Trump left office, Mr. Olsen continued to press the false claims about election machines. He found a like-minded ally in February 2021 when, according to Mr. Olsen’s testimony, Mr. Trump introduced him to Mike Lindell, the chief executive of MyPillow, who has become best known for promoting the falsehood that voting machines are often rigged and have flipped elections.

The two worked together for years with a movement of activists and cybersecurity experts around the country to promote conspiracy theories about election machines through lawsuits, media appearances and yearly conferences.

Mr. Lindell was a public face of the movement. With less bombast, Mr. Olsen served as the lawyer for many of the cases, including an attempt to overturn the 2022 election for Arizona governor. Mr. Olsen represented Kari Lake, an election denier who ran failed campaigns for statewide office in Arizona. (She was also rewarded with a role in the new Trump administration, one that allowed her to oversee the firing of most of the journalists at Voice of America.)

Repeatedly, though, Mr. Olsen faced resounding defeats. In Arizona, he was sanctioned in federal court for making false claims. In Georgia, a legal effort on behalf of the DeKalb County Republican Party challenging the state’s use of election machines failed.

Still, the movement’s proponents have survived despite those defeats.

Heather Honey, who was a witness for the unsuccessful lawsuit that Mr. Olsen brought on behalf of Ms. Lake, was given a position in the Department of Homeland Security overseeing election integrity. Marci McCarthy, who was the chairwoman of the DeKalb County Republican Party, now oversees public affairs at the department’s Cybersecurity and Infrastructure Security Agency.

Clay Parikh, who served as an expert witness for Mr. Olsen in his cases in both Georgia and Arizona, is now a special government employee whose analysis was relied on in the F.B.I.’s Fulton County investigation, according to the affidavit.

And not least is Mr. Trump himself — the man who keeps trying to rewrite the country’s past and is now in charge of its future.

An important point to acknowledge here is that there may be  good reasons to have the federal government involved in running elections.  In a 2012 book UCLA law professor Richard Hasen argued that an independent, non-partisan body in charge of national elections “could decrease the amount of partisan fighting and litigation over election rules, increase the competence of election administration, and assure we have a system run with integrity and fair access to voting.”  But one thing has changed his mind…actually, one person:

Donald Trump has caused me to abandon this argument. As I wrote in the New York Times last summer, when the president tried to impose his authority over various aspects of American elections via an executive order: “What I had not factored into my thinking was that centralizing power over elections within the federal government could be dangerous in the hands of a president not committed to democratic principles.”  At this point, American democracy is too weak and fragile to have centralized power over elections in the hands of a federal government that could be coerced or coopted by a president hell-bent, like Trump, on election subversion. [emphasis added]  Courts have ruled that parts of Trump’s executive order are unconstitutional because the president has no role to play in the administration of elections.

Trump’s comments on nationalizing elections ironically prove the point that we should not nationalize elections. He apparently wants to target the administration at blue states, doing who-knows-what to make it harder for people to vote for Democrats. He desperately fears a Congress controlled by Democrats that could check his and his administration’s power. As he did in 2020, when he unsuccessfully attempted to overturn the results of the fair presidential election that he lost to Joe Biden, Trump hangs it all on voter fraud. His comments to [Dan] Bongino about noncitizens voting, just like his comments about mail-in balloting, show Trump as either a liar or delusional. The amount of election fraud of this type is extremely rare. We know it because states, including red ones like Georgia—where Trump’s administration recently raided election offices in a serious threat to the 2026 vote—have gone hunting for fraud and found very little.

(snip)

We should now look to states to step up the competence, integrity, and accessibility of their election systems. They serve as the front line against election subversion. Diffusion of power in the states makes it much harder for Trump to mess with the midterm elections. Whether or not the Framers intended it, our messy, decentralized, partly partisan, uneven system of administering elections turns out to be the best bulwark against would-be authoritarian presidents.

This is another example of an overworked Trump trick: telling lies to “create” a problem where none exists (massive election fraud) so he can suggest a “solution” (nationalizing elections) that would allow him to benefit…himself, in this case, to take official, legal control of elections so he can dictate the results.  If it works in the 2026 midterms – helping Republicans maintain control of the House and the Senate – what might happen in the 2028 general election?

He’s daring us to stop him.