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12 Duke J. Const. L. & Pub. Pol'y 57 (2016-2017)
Illiberal Democracy: The Toxic Mix of Fake News, Hyperpolarization, and Partisan Election Administration

handle is hein.journals/dukpup12 and id is 479 raw text is: ILLIBERAL DEMOCRACY: THE TOXIC MIX OF FAKE NEWS, HYPERPOLARIZATION, AND PARTISAN ELECTION ADMINISTRATION BY ANTHONY J. GAUGHAN* INTRODUCTION The 2016 presidential election shook American democracy to its foundations. In an unprecedented development, the CIA and FBI concluded that the Russian government hacked and leaked Democratic Party emails in an effort to help Donald Trump win the election.' Trump himself fueled further controversy during the campaign when he alleged that the Democrats had rigged the election against him and predicted that massive voter fraud would occur on Election Day.2 Still more controversy came in the days after the election when Jill Stein, the defeated Green Party candidate for president, demanded a recount, suggesting without evidence that Copyright @ 2017 Anthony J. Gaughan. * Professor of Law, Drake University Law School; J.D. Harvard University, 2005; Ph.D. (history) University of Wisconsin-Madison, 2002; M.A. Louisiana State University, 1996; B.A. University of Minnesota, 1993. The author would like to thank Priya Khangura, Joshua Douglas, Brent Ferguson, Keith Miller, Mark Kende, David Friedman, Miguel Schor, Darrell Miller, Atiba Ellis, Allison Riggs, Jordan Glassberg, Courtney Magnus, Kevin Zhao, Geoffrey Wright, and Wenbo Zhang. All errors of fact and interpretation are my responsibility alone. 1. Adam Entous & Ellen Nakashima, FBI in agreement with CIA that Russia aimed to help Trump win White House, WASH. POST (Dec. 16, 2016), https://www.washingtonpost.com/politics /clinton-blames-putins-personal-grudge-against-her-for-election-interference/2016/12/16/12f362 50 -c3be- 11e6-8422-eac61cOef74d-story.html?utm-term=.3a70e9145dd9. 2. Jenna Johnson, Donald Trump says the election is 'rigged.' Here's what his supporters think that means, WASH. POST (Oct. 18, 2016), https://www.washingtonpost.com/news/post- politics/wp/2016/10/18/donald-trump-says-the-election-is-rigged-heres-what-his-supporters- think-that-means/?utm-term=.bd4025454328; Mahita Gajanan, Donald Trump Claims Election Will Be Rigged at Polling Sites, TIME (Oct. 17, 2016), http://time.com/4532679/donald-trump- election-rigged/; Jon Greenberg, Fact-checking the integrity of the vote in 2016, POLITIFACT (Dec. 17, 2016), http://www.politifact.com/truth-o-meter/article/2016/dec/17/fact-checking-claims-vot er-fraud-2016.

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