In an increasingly polarized political environment awash with secret spending, attempts at election meddling are likely. CLC is working to stop it.

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From the Desk of Trevor Potter
Dear John,

The political contests that will decide the balance of power in Washington and elsewhere are in full swing leading up to Election Day.

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The machinery that will ensure that the midterm elections are accessible, free and fair is also running at full steam, and running smoothly in many places. Unfortunately, some partisan actors are working to undermine our elections through disinformation, intimidation and other tactics designed to breed distrust.
This is why Campaign Legal Center (CLC) is working diligently to identify threats in the lead-up to the midterms and act when necessary to protect the rights of eligible citizens to vote and prevent interference with the election process.

Our advocacy in defense of democracy this election season will play out in courtrooms and county election offices, in the media, online and through interactions with ordinary voters trying to navigate new barriers that threaten the freedom to vote.

CLC’s primary efforts will focus on the states of Arizona, Michigan, Nevada and Pennsylvania, where a combination of the following factors require our attention:
* A continued effort by supporters of former President Trump to spread a false “stolen election” narrative;
* A likelihood of close elections, which could be the target for bad-faith attempts to manipulate results; and,
* The presence of candidates on the ballot who reject or cast doubt on the legitimacy of the 2020 presidential election.

Among other things, we are monitoring these states and others for signs of frivolous mass challenges ([link removed]) to voters’ eligibility. Driven by misinformation or plain partisan goals, these mass challenges can be based on meritless allegations such as a voter having allegedly changed addresses, often relying on inaccurate or outdated information.

These challenges can lead to eligible voters’ removal from the rolls, an unjustifiable outcome that deprives citizens of a fundamental right. Many of the original state laws permitting such challenges appeared in the aftermath of Reconstruction, when they were used to block newly enfranchised Black voters from accessing the polls.

Additionally, processing mass challenges based on faulty or insufficient information creates a significant strain on election officials, who are already working hard to administer safe and secure elections with insufficient resources, heavy time constraints and the ever-growing threat of harassment from outside groups.

Our legal team has ready responses for mass challenges that are tailor-made for individual states, including guidance for state and local officials on how to process those challenges in an efficient manner that protects voters.

In addition to mass ballot or voter eligibility challenges, our team of pro-democracy lawyers is preparing for litigation in the event of a number of other scenarios, including state or county officials failing to certify valid electoral results, attempts to interfere with the counting and/or certification process and intimidation or threats against voters or election officials.

This anti-democracy parade of horribles was given life during the 2020 election cycle and must be faced head-on for the sake of ordinary voters and decent public servants who are simply trying to do their civic duty.

Finally, the campaign season reveals the massive impact of unchecked, unlimited spending by special interests, who seek to leverage their wealth by influencing voters (and thus, our government) through a deluge of advertising, all while keeping their identities anonymous.

At CLC, we believe that voters empowered with the knowledge of how secret money makes its way into our elections will be able to make better-informed decisions about the ads flooding the airwaves. To that end, I highly recommend reading and sharing our recent blog, “5 Ways Secret Money Makes its Way into our Elections.” ([link removed])

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While CLC cannot singlehandedly stop secret spending in elections, we can and will continue to flag violations of campaign finance rules and regulations for the Federal Election Commission (FEC), including during the current election cycle. And if the FEC fails to act on clear cases of wrongdoing, CLC will continue to pressure the agency to do its job through litigation ([link removed]) .

A parting thought that gives me comfort as I consider the challenges facing our democracy during this election: We are not alone in this effort. CLC has partnered with a widespread network of local, state and national organizations to defend the freedom to vote, combat false information about our elections and protect the integrity of our electoral process.

I hope that you are engaged in this fight as well. As recent polling by The New York Times ([link removed]) seems to suggest, democracy protection has lost some of its influence as a top issue for voters compared to the summer months. That means we need everyone who understands what is at stake, no matter their political affiliation, to give their all, in pursuit of this cause as Election Day approaches.
Sincerely,

Trevor Potter
President, Campaign Legal Center

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