Election officials stood up to the president in 2020. Some suffered. Many are leaving.                                                                                      
Brennan Center for Justice The Briefing
This week, I’ve turned The Briefing over to the senior director of our Elections and Government Program, Lawrence Norden, to review what the January 6 committee hearings reveal about the future of election administration.
—Michael Waldman
This week’s January 6 committee hearing provided more detail about the direct pressure President Trump and his allies put on state officials to help overturn the 2020 election.
Arizona House Speaker Rusty Bowers (R) recounted a campaign by Trump and Rudy Giuliani to get him to submit illegitimate pro-Trump electors on behalf of his state. Trump called Bowers soon after the election, and the pressure continued from November through the morning of January 6. Georgia Secretary of State Brad Raffensperger (R) and his deputy, Gabe Sterling (R), described a similar campaign to change the election results, including an hour-long call on January 2 in which Trump urged the secretary to “find” him the votes he needed to reverse his defeat.
All three men testified to the personal impact the pressure had on them and their loved ones: disturbing protests outside their homes, threats to their lives, and harassment of their colleagues, neighbors, and family members.
The stories of personal attacks were upsetting, including the racist abuse recounted by two Georgia poll workers, Wandrea Moss and Ruby Freeman. Yet Tuesday’s hearing also highlighted the resilience of American democracy and the heroism of our public servants. All three state officials who testified personally supported Trump’s election but insisted on honoring the process and our democratic system. Like many other public servants around the country, they told the truth and refused to give in to enormous political and personal pressure to lie about the outcome.
“I told them I did not want to be used as a pawn,” Bowers said of Giuliani and Trump. “I think sometimes moments require you to stand up and just take the shots. You are doing your job,” Raffensperger said. “We followed the Constitution, and at the end of the day President Trump came up short, but I had to be faithful to the Constitution.” Trump personally supported a primary challenge to Raffensperger as part of his campaign to oust the Republicans who told the truth about the 2020 election. But Raffensperger won his primary in May.
Unfortunately, many of the officials who stood up to the 2020 pressure campaign are leaving. In a recent Brennan Center survey of election officials, one in five said they plan to leave before the 2024 election, with a third citing “political leaders’ attacks on a system they know is fair and honest” as one of their top reasons for exiting.
In the same poll, nearly two-thirds of election officials reported being worried about political leaders interfering in how they do their jobs in future elections, with nearly one in five concerned about facing pressure to certify election results in favor of a specific candidate or party.
Will officials in 2024 stand up to such pressure with the same resolve state and local officials showed in 2020? That will be up to voters in 2022. As the Washington Post and others have reported, dozens of candidates for state and local office have won their party’s nomination this year after denying or directly questioning the 2020 election results. This includes at least 10 candidates for governor and 3 for secretary of state — critical offices for running and certifying elections — in battleground states such as Pennsylvania and Nevada. It does not include states like Arizona, and Wisconsin, which have election deniers on the ballot and have yet to hold their primaries.
The legal scholar Karl Llewellyn said, “Our government is not a government of laws, but one of laws through men.” Donald Trump understands this. He and his allies are applying relentless pressure to those we rely on to implement our election laws. Let’s hope enough people of integrity remain in the system to sustain it through the current era of election sabotage.

 

The Money Behind January 6 Is Flowing into the 2022 Elections
As the January 6 committee hearings are demonstrating, the Big Lie that the 2020 presidential election was “stolen” drove the insurrection. Troublingly, some of the individuals and nonprofits who funded the rally that preceded the Capitol attack are now spending tens of millions of dollars to influence this year’s federal, state, and local races. Whether these wealthy backers truly believe the election conspiracy theories or are simply using them for political ends, our democracy is paying the price. “With the support of mega donors, the Big Lie behind the insurrection continues to threaten to wreak havoc on our elections,” Ian Vandewalker writes. Read more
The Siege on Multiracial Democracy
The past two years have seen a sustained antidemocratic campaign by state lawmakers to suppress voters, largely people of color, on the basis of false election fraud claims. Evidence shows these assaults on voting rights are already eroding the political participation and power of Americans of color. “The next few years are critical: Unless those attacks are thwarted and solid legal guardrails put in place, the damage could get far worse, for Black Americans and for democracy as a whole,” Wendy Weiser and Madiba Dennie write. DEMOCRACY JOURNAL
The Dangers of Surveilling Students
In the wake of the horrific mass shooting in Uvalde, some have called for increased social media monitoring to prevent similar deadly attacks at schools. However, research has shown that surveilling students is ineffective at detecting and stopping violence and instead leads to greater harm as well as discrimination against marginalized children. “Instead, we should focus on shoring up supports for our youth,” Rachel Levinson-Waldman writes, “and doing everything we can to keep weapons of mass murder out of the hands of the American public.” Read more
Legislators Targeting State Courts
State lawmakers are continuing an alarming trend of pushing bills that would politicize or undermine the independence of state courts and the judges that sit on them. So far this year, 25 states have considered at least 73 such bills aiming to limit courts’ authority over abortion, gun rights, redistricting, and other arenas. The new edition of the Brennan Center’s Legislative Assaults on State Courts tracks where these bills are and what they would do, from changing jurisdictions to limiting the enforcement of rulings to trying to influence who sits on the bench. Read more
Stories About Black America
Last weekend we celebrated Juneteenth, which commemorates the end of slavery across the United States. Though it has only been a federal holiday for a year, it has long been celebrated by Black Americans. Theodore R. Johnson highlights books that explore the significance of this historic event and speak to the journey of Black America. “The act of engaging the experiences of people before and since emancipation is the only way to gain a fuller appreciation of our nation’s progress,” he writes. READ MORE

 

Coming Up
Wednesday, July 6, 1–2 p.m. ET
 
Efforts to reform the criminal justice system have been consistently thwarted by those who make money off of mass incarceration. Join us for a live discussion about what action must be taken by state, federal, and local governments to unravel these financial incentives with moderator Laura Coates, CNN senior legal analyst; Lisa Foster, co-director of the Fines and Fees Justice Center; Carmen Best, former Seattle police chief; Qiana Williams, paralegal and civil advocate for ArchCity Defenders; and Ram Subramanian, managing director of the Brennan Center’s Justice Program.  RSVP today
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News
  • Theodore R. Johnson on how Juneteenth became a national holiday // xxxxxx
  • Gowri Ramachandran on Trump allies’ efforts to recruit poll workers // ABC
  • Dan Weiner on last week’s January 6 hearing // ABC
  • Jennifer Weiss-Wolf on the tampon shortage // THE 19TH