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

Family at dinner table
A family eating chicken nuggets and watermelon at a table in a home
Photo by Tyson on Unsplash

Skepticism Isn't Cynicism. The Diet Wars Show the Difference.

This year, Americans got two opposite sets of instructions for the same dinner plate. Many of us responded the way we now respond to almost everything: we picked a team.

In January, the Department of Health and Human Services released new federal dietary guidelines built around red meat and full-fat dairy. Less than three months later, the American Heart Association issued guidance pointing close to the opposite way: build meals around plants and plant protein, choose unsaturated fats over saturated ones, and cut back on red meat and full-fat dairy.

Keep ReadingShow less
People voting

Election Day in America

Getty Images

The Future of Our Democracy Is Being Built Close to Home. Will America Pay Attention?

Today, voters in Lexington, Kentucky will decide whether ordinary residents should have a permanent role in reviewing the rules of their local government. If approved, an assembly made up of residents selected by lottery would review the city charter at least every eight years, giving everyday people a recurring opportunity to examine how Lexington is governed.

It's a significant proposal, and one that could put our Kentucky city at the forefront of democracy reform in the United States.

Keep ReadingShow less
I Voted stickers and American flag
person holding white and red box

Too Tired to Vote? The Hidden Question Hanging Over the 2026 Midterms

The 2026 midterm elections are finally here, and campaigns are still consumed with a familiar question: Who will voters support? While this may seem obvious, another question may matter just as much: Will they vote at all?

Americans are hardly indifferent about the economy. A July Pew Research Center survey found that economic issues were, by a wide margin, what registered voters most wanted congressional candidates to discuss. Twenty-nine percent spontaneously identified an economic issue, with affordability and the cost of living leading the list.

Keep ReadingShow less