The State of American Democracy – Risks and Reforms for 2024 with Rick Hasen and Warren Olney
October 9, 2024 Episode – Summary Prepared by JUDJ Team
In a recent America at a Crossroads discussion, election law expert Rick Hasen sat down with Warren Olney to explore the current state of American democracy and the risks to the 2024 election. As a leading voice on election law, Hasen has closely followed the threats to election integrity and the growing distrust in democratic processes. This conversation highlighted key issues such as misinformation, election reforms, and the critical concept of “losers’ consent” in a functioning democracy.
The Erosion of Confidence in American Elections
One of the central themes of the conversation was the deepening distrust in the legitimacy of American elections. Hasen noted that the persistence of false claims about election fraud has turned disbelief in electoral outcomes into a central tenet for many voters and politicians.
“[It’s become a kind of Article of Faith,]” Hasen explained. He described how, for some politicians, avoiding direct answers about whether the 2020 election was legitimate has become a strategy, reflecting either a fear of political repercussions or genuine belief in debunked claims. “[Either they are lying or they are gullible,]” he added.
This erosion of trust, fueled by misinformation and political rhetoric, poses a significant challenge to democracy. Without public confidence in the integrity of elections, the foundation of democratic governance is at risk.
The Importance of Losers’ Consent in Democracy
One of the key concepts Hasen emphasized was the idea of “losers’ consent”—the principle that losing candidates and their supporters must accept the results of free and fair elections. This is not just a formality; it is the cornerstone of a functioning democracy.
“What makes a democracy is not that the winners jump up and down… but that the losers accept it as legitimate,]” Hasen remarked. He explained that without losers’ consent, the stability of democratic systems is threatened, as those who reject the results may not just grumble but actively seek to undermine the government.
Hasen warned that rejecting electoral outcomes can lead to a breakdown of the social contract and increase the likelihood of civil unrest or even attempts to overthrow the government.
Threats to Election Integrity and Public Trust
Misinformation and the spread of conspiracy theories continue to threaten election integrity and public trust. Hasen noted that false claims have moved beyond traditional narratives and into new realms of rhetoric. He mentioned outlandish conspiracy theories, such as those claiming that hurricanes are being intentionally directed toward politically significant areas.
“[We’ve seen conspiracy theories right now about… people controlling hurricanes and sending them into red areas,]” Hasen said, pointing to how misinformation can exploit and amplify existing political fears and divisions.
This shift in rhetoric underscores the need for vigilance in combating misinformation and protecting the integrity of the electoral process.
Reforms That Could Strengthen the 2024 Election
Despite these challenges, Hasen expressed cautious optimism about the 2024 election, noting several key reforms that have been implemented since the chaotic 2020 election. One significant change is the passage of the Electoral Count Reform Act, which addresses ambiguities in the process of counting electoral votes.
“[Congress passed a law called The Electoral Count Reform Act… it changed a number of those Arcane rules,]” Hasen explained. He noted that the new law clarifies the role of the Vice President in counting electoral votes, a crucial point given the controversies surrounding the 2020 election.
These reforms aim to close loopholes that bad actors could exploit to subvert election outcomes. While no legal framework is foolproof, Hasen emphasized that these changes are an important step toward safeguarding future elections.
The Challenges of Election Administration in a Post-COVID World
Reflecting on the logistical challenges of the 2020 election, which took place during the height of the COVID-19 pandemic, Hasen pointed out that many of those obstacles have been resolved for 2024. The pandemic forced election officials to make last-minute changes, like extending deadlines for mail-in ballots and securing personal protective equipment for poll workers.
“[Things are much smoother in terms of just the logistics of running elections,]” Hasen observed. While challenges remain, the absence of pandemic-related disruptions provides hope for a smoother and more organized election process in 2024.
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.