Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Two prominent voting rights players upbraided by courts for 2020 behavior

​Democratic voting rights lawyer Marc Elias

Democratic voting rights lawyer Marc Elias was sanctioned by a federal court.

David Jolkovski for The Washington Post via Getty Images

Judges in recent days have slapped two of the most prominent figures in the fight for easier access to the ballot box, a fresh if mainly symbolic setback for the cause of voting rights.

The nation's most prominent Democratic elections attorney, Marc Elias, violated legal ethics rules as he pressed an ultimately unsuccessful lawsuit last fall to preserve straight-ticket voting in Texas, a federal appeals court decided.

And Michigan's top elections officer, Democratic Secretary of State Jocelyn Benson, exceeded her authority last fall when she instructed local officials to presume the validity of all signatures on absentee ballot envelopes, the special court that handles suits against the state government ruled.

Conservatives hailed the pair of decisions last week as evidence that promoting the franchise too aggressively too often leads to the sort of corner-cutting and overzealous behavior that can incubate election fraud. But there's no evidence of anything beyond minimal and sporadic cheating anywhere in the nation surrounding the 2020 presidential contest, including in Texas and Michigan.


Some of the most vigorous fights over how to alter election rules last year in light of the coronavirus occurred in Michigan, one of the biggest battleground states. One tussle was over a state law preventing the processing of mailed ballots until the Monday before Election Day, boosting the likelihood of significant delays in reporting final results of a close election given the surge in mail voting brought on by the pandemic.

Benson was rebuffed when she asked the GOP Legislature to permit ballot processing to get started earlier. So a month before the election she told local clerks they could speed things along by starting with the assumption that signatures were authentic on 2.8 million envelopes — which ended up containing half of the state's votes.

The result was far fewer time-consuming arguments as handwriting on the ballots was compared with what was on file. And only one of every 1,000 absentee ballots were tossed out, just 1,800 — far fewer than in past recent elections, when the rate was closer to one out of every 500 or so statewide.

President Biden nonetheless secured the state's 16 electoral votes by a margin of 154,000 votes, or 3 percentage points, and Democratic Sen. Gary Peters won re-election by 55,000 votes, so the shortcut was highly unlikely to have affected either outcome.

Court of Claims Judge Christopher Murray rejected the Republican Party's demand for an audit of all absentee ballots, and he did not find that Benson had violated state election law. Instead, he said she wrongly ignored the proper rulemaking procedures for making such a substantive decision.

Unless she goes through that process, the judge said, her directive will not apply in future elections.

There were also plenty of legal fights about voting rules in Texas, which looked purple in the polls all fall before Donald Trump extended the GOP winning streak to 11 presidential contests. One lawsuit sought to prevent the state from carrying out its newly enacted ban on straight-ticket voting. Opponents of the ban argued that preserving the "one punch" system would keep the lines moving on Election Day, especially in big cities, and not disenfranchise Black and Hispanic voters by making them wait excessively to cast their ballots.

Elias was one of the main attorneys pursuing that argument, part of his portfolio of three-dozen lawsuits on behalf of various Democratic campaign organizations. And, along the way, he filed papers in federal court that were essentially identical to a motion of his that had been rejected earlier by the same judge.

Asking for a do-over in that misleading manner, rather than file an upfront appeal, "unreasonably and vexatiously" dragged out the litigation by creating more work for the court, the 5th U.S. Circuit Court of Appeals ruled Friday. It sanctioned Elias for violating his "obligation of candor to the court" by ordering him to pay Texas double its expenses arguing against the misleading and duplicative motion.

Elias won a wave of rulings or settlements that eased access to the ballot in several swing states — prompting Trump to label him on Twitter as an "Election stealing lawyer." But the straight-ticket voting suit was ultimately rejected by the 5th Circuit.

His law firm, Perkins Coie, said after the sanctions ruling that it believed Elias had acted properly.


Read More

Political Corruption Is Often Not a Voting Issue in America

electoral fraud/voter apathy/totalitarism

Getty Images - digitally generated image

Political Corruption Is Often Not a Voting Issue in America

Almost every week, there seems to be another story about the pay-to-play ethos that is dominant in Donald Trump’s Washington, DC. On July 30, the Wall Street Journal added a new one to the list.

The Journal described the president’s fervent interest in fundraising and how he checks almost nightly with his top fundraiser, Meredith O’Rourke, to find out “which companies and donors have cut checks and which haven’t, and for how much.” The story highlighted the way she channels his interest into making her pitch.

Keep ReadingShow less
As Temperatures Rise and Federal Funding Falls, Drowning Risks Grow
a group of kids in a pool
Photo by Kevin Paes on Unsplash

As Temperatures Rise and Federal Funding Falls, Drowning Risks Grow

July 25 marked World Drowning Day. More than 4000 people die from unintentional drowning in the United States each year. This translates into an average of 11 drowning deaths per day. Children ages one to four are at greatest risk, making drowning the leading cause of death for that group and the second leading cause of death for children ages five to 14.

Two emerging trends could make those numbers worse: federal funding cuts that have weakened drowning prevention efforts and hotter summers that are driving more people to water to cool off. Together, these trends threaten to deepen long-standing disparities that already place Black, Indigenous, autistic, and low-income communities at greater risk.

Keep ReadingShow less
U.S. Capitol with a flag waving in front of it.

As Washington stalls, young bipartisan lawmakers in Alaska, Mississippi, and beyond are proving that cross-partisan collaboration still wins.

Douglas Rissing/Getty Images

The Politicians Who Can Fix America's Polarization Problem Will Win

Political predictions are notoriously unreliable, but here is one I am willing to stand behind: the elected officials who figure out how to govern across difference will dominate the next decade of American politics. With dysfunction and paralysis having become the status quo in Washington, elected officials who work together to get things done will turn heads, offering desperate voters a much-needed alternative to a broken system.

Consider what happened in Alaska last year. The state’s lawmaking structure does not encourage political independence. Alaska has the nation's highest veto-override threshold: three-quarters. So when a popular education bill promising smaller class sizes, a cellphone ban, and vocational training funding cleared the legislature, only to be vetoed twice by the governor, it looked dead in the water.

Keep ReadingShow less
A crowd of people at a military base with President Trump speaking in front of them.

U.S. President Donald Trump speaks during a visit to the Fort Bragg U.S. Army base on February 13, 2026 in Fort Bragg, North Carolina.

Nathan Howard/Getty Images

Reagan’s Strength vs. Trump’s Retreat: U.S. Alliances at Risk

How a country treats its allies and its adversaries says everything about what it believes strength means — a question that was already on my mind the night I sat in a movie theater watching "The Brink of War" when news broke.

The film reconstructs the 1986 Reykjavik summit, where President Ronald Reagan and General Secretary of the Communist Party of the Soviet Union Mikhail Gorbachev spent a tense weekend negotiating over the fate of the world's nuclear arsenals.

Keep ReadingShow less