Election Subversion and the Future of Free and Fair Elections in America with Rick Hasen and Warren Olney
October 9, 2024 Episode – Summary Prepared by JUDJ Team
In a recent America at a Crossroads conversation, election law expert Rick Hasen joined Warren Olney to discuss the ongoing risks to American democracy and the possibility of election subversion in 2024. Hasen, who leads the Safeguard Democracy Project and is a leading voice in election law, outlined the threats posed by manipulation, misinformation, and authoritarian rhetoric while also highlighting new legal protections and the critical role of vigilance in protecting democracy.
The Threat of Election Subversion and Manipulation
Hasen began by emphasizing the real danger of election subversion through the manipulation of existing legal and procedural frameworks. Reflecting on the 2020 election, he described how former President Trump and his allies attempted to overturn the results by exploiting ambiguities and loopholes in the electoral system.
“[There was an attempt to turn Donald Trump from an election loser into an election winner by manipulating… a multi-layered Byzantine kind of scheme,]” Hasen explained. This scheme included pressuring state legislatures to appoint alternative slates of electors and attempting to persuade the Vice President to reject electoral votes during the certification process.
While these efforts ultimately failed, Hasen warned that such attempts could resurface, especially if new protections and legal safeguards are not adequately enforced.
New Legal Protections and Supreme Court Rulings
Despite the risks, Hasen expressed cautious optimism due to recent legal developments aimed at preventing future election subversion. He highlighted the Supreme Court’s 2023 decision in Moore v. Harper, which rejected an extreme interpretation of the “independent state legislature” theory that would have given state legislatures unchecked power over federal elections.
“[The court rejected this kind of extreme Theory called the independent state legislature Theory,]” Hasen explained. This ruling, along with the Electoral Count Reform Act, which clarifies the process for certifying electoral votes, provides critical protections against manipulation of the electoral system.
However, Hasen emphasized that these legal changes are only effective if they are upheld and enforced by election officials, judges, and lawmakers committed to the rule of law.
The Role of Misinformation and Social Media Companies
One of the most significant challenges to election integrity, according to Hasen, is the spread of misinformation through social media. He expressed concern about the changes at Twitter (now X) under Elon Musk’s leadership, noting that the platform’s trust and safety team had been dismantled.
“[Elon Musk has become the largest spreader of election disinformation in the world,]” Hasen said. He criticized Musk for using his platform to amplify false and incendiary claims about election fraud, pointing out that this kind of misinformation can deepen political divisions and erode public trust in democratic processes.
Hasen also noted that other social media companies, like Facebook, have reduced their election-related safeguards, leaving the public more vulnerable to false narratives. He called on these companies to act as responsible corporate citizens and to prevent the spread of misinformation that could undermine elections.
The Importance of Vigilance and Civic Responsibility
In the face of these risks, Hasen stressed the importance of vigilance and citizen involvement in safeguarding democracy. He explained that while legal protections are vital, they must be supported by an active and engaged populace willing to hold leaders accountable.
“[The biggest protection for safeguarding our democracy is people paying attention and people watching the rules,]” Hasen remarked. He encouraged citizens to become informed, avoid spreading misinformation, and participate in the electoral process as poll workers or observers.
Hasen’s message was clear: democracy cannot be taken for granted. It requires constant vigilance and a commitment to upholding the principles of free and fair elections.
The Dangers of Authoritarianism and Extremism
One of the more troubling trends Hasen addressed was the rise of authoritarian rhetoric and extremist sentiments among political leaders. He expressed concern that inflammatory language and unfounded claims of election fraud could fuel unrest and increase the risk of violence at polling places or during the counting of ballots.
“[When people are convinced that their democracy is being stolen from them… that creates very volatile kinds of conditions,]” Hasen warned. He explained that such rhetoric undermines the legitimacy of democratic institutions and encourages supporters to take extreme actions in the belief that they are defending democracy.
This volatile environment, Hasen noted, could have serious consequences if left unchecked, making it all the more essential to challenge false claims and uphold democratic norms.
Hope for the Future: Rebuilding Trust in Elections
Despite these challenges, Hasen remains hopeful about the future of American democracy. He emphasized that recent reforms and the dedication of election officials and civic groups are reasons for cautious optimism. However, he underscored that maintaining free and fair elections will require continued vigilance and a commitment to rebuilding trust in democratic institutions.
“[Hopeful, guarded, and vigilant,]” Hasen described his outlook for the 2024 election. He stressed that the key to safeguarding democracy lies in holding leaders accountable and ensuring that the rules are followed.
About America at a Crossroads
Since April 2020, America at a Crossroads has produced weekly virtual programs on topics related to the preservation of our democracy, voting rights, freedom of the press, and a wide array of civil rights, including abortion rights, free speech, and free press. America at a Crossroads is a project of Jews United for Democracy & Justice.