From Trevor Potter, Campaign Legal Center <[email protected]>
Subject After the midterms – Thankful & Concerned
Date November 21, 2022 9:01 PM
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Voters delivered unexpectedly positive results for our democracy in the midterms, but this is no time for complacency.

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From the Desk of Trevor Potter
Dear John,
This is a time of year for reflecting on our shared values and giving thanks for the things that make our lives better. Following a historic midterm election, it is easy to come up with such a list, while also recognizing the work that remains to be done.

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I am thankful for every voter who looked at the candidates on their ballot and chose those who respect our electoral process over those who do not, especially candidates running for important election-related offices such as Secretary of State. I give thanks to the thousands of volunteers and election officials who worked to ensure that voting and vote counting proceeded efficiently and fairly.
I am also thankful for the numerous pro-democracy groups (including Campaign Legal Center ([link removed]) !) who guarded vigilantly against efforts to disenfranchise voters, and responded when necessary, including with legal challenges.

While the contest for control of Congress dominated the post-midterm discussion, a number of ballot initiatives were approved at the state level that deserve attention and thanks for the voters who brought them over the finish line:
* Arizona’s Proposition 211 is a huge win for transparency ([link removed]) in campaign finance. Based on CLC’s model legislation, it will allow voters to see who is really behind the deluge of political ads that dominate the campaign season. It will likely face a court challenge, but this new law can be a model for other states.
* Oakland, California’s Measure W establishes a “democracy dollars” ([link removed]) program for city elections which gives residents vouchers that they can contribute to candidates who participate in the city’s public financing program. CLC worked closely with local partners to develop this initiative.
* Michigan’s Proposal 2 adds numerous pro-voter protections ([link removed]) to the state Constitution, including 9 days of early voting, giving registered voters without state ID the ability to sign affidavits attesting to their identity, and new requirements for improving access to ballot drop boxes.

* The midterms also produced pro-democracy ballot initiative victories in Alabama ([link removed](2022)) , Connecticut ([link removed](2022)) , Maine ([link removed]) , Nevada ([link removed](2022)) , and Illinois. ([link removed](November_2022))

While it is certainly true that candidates who sowed distrust in our elections were rejected in many races across the country, some of those elections were too close for comfort, including in the swing states of Arizona, Nevada and Wisconsin-- states where the persons occupying the Governor’s mansion and Secretary of State’s office can impact the existence of free and fair elections. Some of the candidates who lost those races have, as of this writing, even refused to concede ([link removed]) .

It must also be noted that many congressional and state candidates who could be considered election deniers were in fact successful. According to one estimate, ([link removed]) at least 60 percent of candidates for federal or statewide office who raised doubts about the 2020 election are projected to be victorious in their midterm contests.

The message from all of this is clear: The movement to protect and strengthen our democracy that asserted itself during the midterms needs to continue with the same vigor and passion heading into the contentious 2024 election.

The former president of the United States has made a habit of badmouthing our electoral process, and he has now announced his intention to run again. My fear is that his supporters, including local officials, may use this as an opportunity to redouble their efforts to manipulate that process.

The good news is that the midterm elections revealed a robust constituency in this country that is prepared to fight these efforts. Our task in the months ahead is to nurture that most patriotic of impulses.

Wishing you all the best, with thanks for your efforts, no matter how big or small, to protect and enhance our democracy.
Sincerely,

Trevor Potter
President, Campaign Legal Center

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