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1 Will Wilder, et al., The Election Sabotage Scheme and How Congress Can Stop It 1 (2021)

handle is hein.brennan/enstesem0001 and id is 1 raw text is: The Election
Sabotage Scheme
and How Congress
Can Stop It
By Will Wilder, Derek Tisler, and Wendy Weiser

ver the past few months, the drive to allow
partisan sabotage of the election process had
series of frightening public successes. The
Arizona State Senate 'nhc U  its partisan review of the
2020 election in Maricopa County, a nakedly political bid
to feed disinformation and conspiracy theories. The Geor-
gia legislature passed a bill an o n i s to remove
the elected secretary of state -  I  tod up to requs
to overturn the 2020 election results - as chair of the
State Elections Board and replace him with a hand-picked
chairperson. In Texas, the governor signed aw that
targets local election officials and poll workers with new
penalties, empowers partisan poll watchers, and cuts
down on access to voting. The Texas secretary of state
also a oun _ed a dubious election review, the day after
former President Donald Trump urged it. And in states
like Missouri and Oklahoma, legislators introduced even
more extreme bills that would have allowed them to

directly overturn legitimate election results. While these
bills did not pass, their mere introduction is a shocking
affront to democratic norms.
Following a legislative season that saw many states
increase barriers to voting, these laws and proposals,
often added quietly and late in the legislative process,
would change who runs elections, who counts the votes,
and how. They go beyond vote suppression to enable
direct election subversion. And they have a distinctly
authoritarian flavor. Joseph Stalin  t '¢ Ap gnajpy: I
consider it completely unimportant who in the party will
vote, or how; but what is extraordinarily important is this
- who will count the votes, and how.
Legislation enabling partisan interference in election
administration is part of a broader election sabotage or
election subversion campaign, a national push to enable
partisans to distort democratic outcomes.1 It includes
partisan reviews of vote tallies to justify overturning elec-

1 The election subversion trend has been well documented in several other reports in recent months. The States United Democracy Center,
Protect Democracy, and Law Forward published a eeg ~;describing elements of the trend and analyzing important bills to counter it. Another
necntreprt by the Voting Rights Lab built upon this research and linked these bills to other developments. And an a Iys by the Center for
American Progress looked at particularly troubling subversive legislation in Arizona, Florida, Georgia, and Texas.

Brennan Center for Justice at New York University School of Law

1

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