Quick Read

Donald Trump's rhetoric and proposed 'Save Act' are framed as a multi-pronged effort to suppress votes and potentially overturn election results, requiring a proactive legal and public awareness counter-strategy.
Trump's 'Save Act' includes mandatory proof of citizenship, potentially disenfranchising millions.
The strategy extends beyond legislation, involving executive orders and widespread misinformation.
Legal teams are preparing pre-emptive lawsuits to counter anticipated election interference tactics.

Summary

This episode of Democracy Watch features Mark Elias, an election lawyer, discussing Donald Trump's statements about mail-in ballots and the proposed 'Save Act.' Elias interprets Trump's confidence in never losing an election if the Save Act passes as an explicit intent to undermine democratic processes and 'steal' future elections. The Save Act's provisions, particularly mandatory proof of citizenship, are highlighted as tools to disenfranchise millions of voters lacking specific documents like passports or original birth certificates. Elias warns that Trump's strategy extends beyond legislation to executive orders, misinformation campaigns, and even illegal actions, aiming to sow distrust in election systems. He emphasizes the importance of rapid legal challenges and public engagement to counter these threats.
The discussion outlines a perceived existential threat to democratic elections, detailing how proposed legislation and executive actions could disenfranchise voters and how misinformation aims to delegitimize results. It highlights the critical role of legal defense and public awareness in safeguarding election integrity against efforts to manipulate voting access and outcomes.

Takeaways

  • Donald Trump's statements about never losing an election if the 'Save Act' passes are interpreted as an explicit intent to 'steal' future elections.
  • The 'Save Act' proposes mandatory proof of citizenship, which could disenfranchise tens of millions of voters lacking passports or original birth certificates.
  • Driver's licenses, including Real ID, are generally not sufficient proof of citizenship in most states.
  • Trump's strategy is not limited to legislation but includes executive orders, seizing ballots, and federalizing elections.
  • Legal teams are actively war-gaming potential Trump administration actions to file lawsuits within minutes of any voter suppression attempts.
  • Spreading accurate information and engaging broader social networks are crucial for combating misinformation and protecting democracy.

Insights

1Trump's Election Strategy: Beyond Legislation

Donald Trump's stated goal of never losing an election if the 'Save Act' passes is interpreted as a broader strategy to undermine democratic processes. This strategy encompasses legislative efforts like the 'Save Act,' executive orders (e.g., directing the USPS not to carry ballots, tying funding to state ID laws), and potentially illegal actions like seizing ballots or invalidating entire state vote counts based on ID requirements. The guest, Mark Elias, emphasizes that Trump is not constrained by norms or laws.

Trump's statement: 'We'll never lose a race for 50 years. We won't lose a race if they're able to pass the Save Act.' (). Elias's interpretation: 'He's going to try to steal the election and he is telling you that.' (). Discussion of executive orders, DOJ actions, and federalizing elections (-).

2The 'Save Act' and Voter Disenfranchisement

A central component of the 'Save Act' is a mandatory proof of citizenship law. This provision would require voters to present an original birth certificate or a passport, effectively disenfranchising tens of millions of Americans who do not possess these specific documents. The guest clarifies that common forms of identification like driver's licenses (even Real ID) are generally not accepted as proof of citizenship.

The 'Save Act' would 'impose a mandatory proof of citizenship law, which would disenfranchise tens of millions of voters who do not either have a passport or an original birth certificate.' (). 'The only way to prove citizenship, an original birth certificate or a certified copy or a passport.' ().

3Proactive Legal Defense Against Election Interference

Legal teams, such as the one led by Mark Elias, are preparing extensive pre-emptive legal challenges to counter anticipated voter suppression tactics. They 'war-game' potential actions by the Trump administration, preparing legal pleadings in advance to file lawsuits immediately upon any executive orders or legislative changes. This rapid response aims to leverage the courts to block efforts that could interfere with elections, even if implemented at the last minute.

Elias's firm sued within an hour of Georgia's voter suppression law and six minutes after Florida's (-). 'We are constantly wargaming out potential actions on the other side. It's one of the ways we're able to litigate so fast is that we essentially prepare pleadings assuming certain things are going to happen.' ().

4The Role of Disinformation in Undermining Elections

Beyond legal and executive actions, a key part of the strategy is to spread lies and misinformation to distort reality for the public, especially those not closely following politics. The goal is to create a perception of corrupt elections, making people more receptive to claims of fraud when Republicans lose. This tactic aims to delegitimize election results and justify 'extraordinary' actions like seizing ballots or setting aside votes.

Trump 'wants to distort reality for people who are not paying attention to politics.' (). 'He is trying to say that if the faithful tells people that there are corrupt elections, that the people who aren't paying a lot of attention will still walk away thinking, 'Oh, there must have been corrupt election.'' (). 'Discourage people from voting, confuse people, but also inspire them as happened in January 6 to violence.' ().

Lessons

  • Sign up for Democracy Docket (democracydocket.com) to stay informed on voting and election news.
  • Share informative content, like this podcast, with your personal networks (family, friends, social media) to combat misinformation and raise awareness about election threats.
  • Understand that individual engagement in spreading accurate information is crucial for defending democracy against efforts to sow distrust and suppress votes.

Quotes

"

"He's going to try to steal the election. Okay? He's going to try to steal the election and he is telling you that. He is saying that not only am I going to try to steal this election, I think we can steal the election for the next next half century."

Mark Elias
"

"The Save Act would impose a mandatory proof of citizenship law, which would disenfranchise tens of millions of voters who do not either have a passport or an original birth certificate."

Mark Elias
"

"Donald Trump knows no limit. There is no norm. there is no law that will constrain him. And so all of you need to wake up and realize that he's going to try to steal this election and it's going to be up to you and it's going to be up to me and it's going to be up to the rest of us to fight back."

Mark Elias
"

"We are constantly wargaming out potential actions on the other side. It's one of the ways we're able to litigate so fast is that we essentially prepare pleadings assuming certain things are going to happen."

Mark Elias

Q&A

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