Voter Fraud

Beyond Brnovich – How an Arizona Voting Rights Case Will Have Sweeping Consequences

Election Law Society · March 11, 2022 ·

By: Mike Arnone

In July, the Supreme Court handed down its decision in Brnovich v. DNC, arguably its most significant voting rights decision since Shelby County v. Holder in 2013. Two Arizona election restrictions were at issue in Brnovich, but the Court’s holding will have far-reaching consequences beyond the Grand Canyon State.

The restrictions at the heart of Brnovich prohibited out-of-precinct ballots from being counted and criminalized the collection of ballots for delivery to polling places, a common practice sometimes called “ballot harvesting.” In a 6-3 majority opinion written by Justice Alito, the Court upheld both provisions under Section Two of the Voting Rights Act of 1965 (VRA). The majority ruled that Section Two of the VRA could only be used to invalidate voting restrictions that place “substantial and disproportionate burdens on minority voters.” Because Arizona provided multiple ways to vote, “any burden associated with one option cannot be evaluated without also taking into account the other available means.” Burdens on voting, then, must be evaluated by the totality of the circumstances.

Minnesota ID: Will Voter Id Laws Be Enacted with The Coming Legislative Session?

Election Law Society · March 7, 2022 ·

By: Cullen Enabnit

An ongoing trend following the 2020 election pushed state legislatures to introduce more and more laws aimed at curtailing perceived voter fraud or the potential of it. One of the main ways states have approached this is by enacting different levels of voter identification laws. Currently there are 36 states that have some form of voter ID laws. Seven states currently have what is described as “strict” voter ID laws that require the voter to present one of a limited set of government issued IDs, and being without will prevent them from being able to vote.

Audit Finds Wisconsin 2020 Elections Were “Safe and Secure” – What Comes Next?

Election Law Society · February 25, 2022 ·

By: Kayla Burris

The 2020 presidential election was a test of Wisconsin’s election system. Like other states, Wisconsin faced numerous legal challenges to the ways votes were cast and counted. However, as a battleground state in a tight race, calls of fraud were particularly loud. Wisconsin also conducted a recount in two of its counties and Republican groups continued calling for audits long after Biden was sworn into office.

The Republican-controlled legislature agreed that the fraud claims had merit and, voting along party lines, ordered an audit to “be conducted by the nonpartisan Legislative Audit Bureau.” Democrats were largely opposed to the audit, with Democratic Governor Tony Evers accusing Republican leaders of “drinking the Kool-Aid” and pushing baseless conspiracy theories about the election.

Partisan Battles Loom Large over Pennsylvania’s Election Audit

Election Law Society · February 21, 2022 ·

By: Christopher Chau

Following the contentious 2020 election, controversy surrounded the validity of Pennsylvania’s election process as voters requested and submitted record numbers of mail-in ballots. While no-excuse mail-in voting was legalized under Act 77 in 2019, Republicans in the Pennsylvania Senate quickly turned against the practice and claimed that it was vulnerable to voter fraud. On September 3, 2021, the Republican majority announced a “full forensic investigation,” in what seems to be an audit of the election results, voting to subpoena the PA Department of State for voter records along with nonpublic personal identification information, such as Social Security and driver’s license numbers. According to Senate President Pro Tempore Jake Corman: “This is about looking at our system inside because hundreds of thousands, if not millions, of Pennsylvanians, have questions.” While Corman asserted that voters’ information will be kept private, many remained concerned about the invasiveness of the audit. Meanwhile, Senate Democrats and PA Attorney General Josh Shapiro criticized the measure, citing that there was no evidence of voter fraud and that the investigation was a waste of taxpayer money and an invasion of voters’ privacy.

The Future of Senate Bill 97 and its Consequences: Part II

Election Law Society · February 16, 2022 ·

Part I of this blog post discussed Texas Senate Bill 97, and the dangerous changes it would make to election audits in Texas. The proposed bill was put forward to address unsubstantiated claims of voter fraud that allegedly transpired during the 2020 presidential election, and it appears to be an element of a larger campaign by Trump’s Republican coalition to undermine the results of that election. Critics argue that Senate Bill 97 would create an unnecessary and potentially dangerous election auditing system.