Headlines about the presidential horse race largely obscure an under-the-radar battle taking place in states across the country that will help determine the degree to which the 2024 election is free, fair and accessible for all eligible voters.
While Election Day is more than a year away, the time for enacting and implementing policies to protect the will of the voters and bolster public trust in our electoral process is growing short.
The efforts of non-partisan organizations like Campaign Legal Center, as well as concerned voters and lawmakers across the country, focus on making widely popular, common-sense improvements to ensure our elections run smoothly.
Meanwhile, a cohort of election skeptics, partisan actors and self-interested politicians are pushing policies that would make it harder to vote and undermine our electoral process. I believe they are doing this because of misinformation about our elections or because they want to change the rules for political gain.
We should all be concerned about a potential repeat of threats we saw leading up to and just after Election Day in 2020 as well as the multi-state effort to harm our democracy since that election. Much work needs to be done now and in the coming months to safeguard 2024.
CLC is laser-focused on a number of key issues.
Part of our work aims to protect election workers from threats of harassment, including during post-election ballot counting, canvassing and the certification process. This includes encouraging states to adopt laws that punish threats, intimidation and violations of privacy targeted at election workers. Some states have passed legislation this year to address this issue, including Nevada, Minnesota and Colorado.
CLC is also working to convince state legislatures to pass laws allowing election officials to begin processing absentee or mail ballots prior to Election Day. This practical modification of election administration rules makes it possible to tabulate and report election results more quickly, reducing potential uncertainty and opportunities for misinformation and disinformation that grow in the wake of reporting delays.
Additionally, CLC is talking to states across the country to shore up voter challenge and voter eligibility procedures – a necessary step to protect voters in upcoming elections and ensure that election officials can prevent frivolous attempts to suppress voting.
With regards to the presidential election, CLC is leading efforts to make sure states are in compliance with the new federal Electoral Count Reform Act, which, among other things, sets a clear deadline by which each state must certify their slate of electors. We urge states to be proactive in adhering to this bipartisan law and the will of their voters by modifying their state’s regulations governing the casting and certifying of Electoral College votes.
Safeguarding the 2024 election involves defensive tactics as well as offensive.
Stopping bad bills from becoming law and stopping bad laws from being enforced is a continuous effort that becomes especially important as Election Day draws nearer.
A recent example of fighting anti-voter activity comes from North Dakota where a lawsuit has been filed to stop officials from counting ballots that are received after Election Day, even if they are postmarked before Election Day. CLC is working alongside the League of Women Voters to defend North Dakota’s current law which permits all legally cast ballots to be counted.
Our partnership with the League is also active in Florida, one of several states that have passed laws restricting the constitutionally protected work of civic engagement groups that organize voter registration drives and assist with vote-by-mail applications. CLC and the League are suing Florida to stop the law, which, if enforced, will disproportionately impact Black and brown voters, low-income voters, voters with disabilities and young voters.
Lessons from 2022.
Efforts to disrupt the 2020 election sent up red flags in all directions for the pro-democracy movement. A widespread campaign followed to make sure the 2022 midterms were carried out free of similar shenanigans, an effort that began well before that election and was largely successful.
Achieving the same result in 2024 requires progress now on multiple fronts so that our electoral system is fortified against attempts to undermine the process or sow doubts about the legitimacy of the outcome.
The nonpartisan Campaign Legal Center is dedicated to advancing democracy through law at the federal, state and local levels, fighting for every American’s rights to responsive government and a fair opportunity to participate in and affect the democratic process.
