Accountability for Election Lies
States United Democracy Center
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Accountability for Election Lies
At a time of peril for our democracy, everyone in a position of public responsibility has a simple choice to make. They can lie about our elections, or they can tell the truth.
Jenna Ellis chose to lie. As a lawyer for former President Trump and the Trump campaign, she repeatedly went on television and Twitter in November and December 2020 and peddled conspiracy theories about a stolen election.
Ellis was publicly?censured for misconduct this week ?by a Colorado judge. She admitted that she knowingly misrepresented the facts at least 10 times, including by falsely claiming that Trump was the “true victor.”
The disciplinary action comes after States United filed an?ethics complaint ?against Ellis with Colorado state bar regulators last year.
“There is a line attorneys cannot cross,” the state’s Office of Attorney Regulation Counsel?said ?in announcing the censure.
Ellis crossed that line over and over by pushing disinformation about the election. She was a public face of Trump’s attempt to overturn the results, appearing on television frequently to promote reckless and false claims about illegal voting, manipulated ballots, and a fraudulent outcome.
These statements were not just reckless and false. As Ellis herself admitted as part of the censure, they undermined public confidence in our elections.
John Eastman, one of the legal architects of Trump’s desperate attempt to retain power, already?faces possible disbarment ?in California. States United has?encouraged other state bars ?to take similar action against other attorneys involved in the plot.
Both cases are reminders of why?accountability is so important.?Lies about elections degrade our democracy, especially when they come from elected officials, candidates, and the attorneys who represent them.
State of the States
In Arizona,?a judge?imposed sanctions ?against Mark Finchem, an Election Denier who lost last year’s race for secretary of state, and his lawyer for an election contest lawsuit that the judge called “groundless and not brought in good faith.” The lawsuit made baseless claims about illegal voting and misconduct and was?dismissed in December . Judge Melissa Iyer Julian this week ordered Finchem and the lawyer to cover attorneys’ fees for the two defendants in the suit: Adrian Fontes, who defeated Finchem to become secretary of state, and Gov. Katie Hobbs, who was secretary of state at the time of the election. Julian’s order discussed the need to deter meritless challenges that “waste the time and energy” of the parties and the court.
Also in Arizona,?Attorney General Kris Mayes?announced plans ?to investigate individuals who served as fake electors for Donald Trump. Arizona was one of seven states where groups of Trump supporters signed official-looking documents presenting themselves as presidential electors, even though Joe Biden carried those states in the 2020 election. At least two groups drew up such fake documents in Arizona. “I will investigate the fake electors’ situation, and I will take very seriously any effort to undermine our democracy,” Mayes told the Arizona Mirror. Federal prosecutors are also?reportedly looking into ?fraudulent slates of pro-Trump electors. You can read more about Arizona’s fake-elector schemes in States United’s?background briefing .
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In the News
The Wall Street Journal:?Trump Lawyer Jenna Ellis Disciplined After Admitting to Election Falsehoods
By Jan Wolfe
“The disciplinary proceeding against Ms. Ellis followed ethics complaints from the 65 Project and the?States United Democracy Center, both advocacy groups that have sought discipline for some Trump-aligned lawyers. ‘Today’s result is an important step forward for accountability, which remains one of the strongest tools we have to prevent another attack on our democracy like on January 6, 2021,’ said?Aaron Scherzer, a lawyer at States United.”
By Bart Jansen
“The?advocacy groups 65 Project?and?States United Democracy Center?filed ethics complaints against Ellis.?Aaron Scherzer, senior counsel for States United, said Ellis repeatedly went on television and Twitter to ‘promote the reckless lie that the 2020 election was stolen.’”
Votebeat & The Texas Tribune:?Conspiracy theory whirlwind threatens to blow Texas out of national program that keeps voter rolls updated
By Natalia Contreras
“Former Alabama Secretary of State John Merrill, a Republican who left office after deciding against running for another term last year, told Votebeat that if states stop using ERIC, the potential for election fraud could increase ‘exponentially.’ Merrill said that since the program was created in 2012, there have been no instances of vulnerabilities or irregularities associated with it.
By Jane C. Timm, Amanda Terkel, and Dareh Gregorian
“On Jan. 4, 2021, Fox News host Tucker Carlson was done with Donald Trump. ‘We are very, very close to being able to ignore Trump most nights. I truly can’t wait,’ he texted an unidentified person.”
Votebeat Arizona:?Why Arizona’s attorney general is suing Cochise County for giving its recorder control over elections
By Jen Fifield
“Mayes believes that, when agreeing last week to give Recorder David Stevens the authority to run the county’s elections, the county supervisors weren’t clear enough that they still have the final say over certain decisions, according to the Arizona Superior Court complaint. … In a statement Tuesday, Mayes equated the agreement to an ‘unqualified handover’ that could give Stevens the potential to cloak future changes to the county’s elections from the public.”
The New York Times:?As Trump Inquiry Continues, Republicans Seek Oversight of Georgia Prosecutors
By Richard Fausset and Danny Hakim
“To Fani T. Willis, the district attorney in Atlanta, several bills in the Georgia legislature that would make it easier to remove local prosecutors are racist and perhaps retaliatory for her ongoing investigation of former President Donald J. Trump. To the Republican sponsors of the bills, they are simply a way to ensure that prosecutors enforce the laws of the state, whether they agree with them or not.”
By staff
“A former Colorado clerk who has become a hero to election conspiracy theorists was convicted Friday of a misdemeanor obstruction charge for trying to prevent authorities from taking an iPad she allegedly used to videotape a court hearing. The case is separate from Tina Peters’ alleged involvement in a security breach of voting machines. Jurors found Peters guilty of obstructing government operations but acquitted her of obstructing a peace officer, The Daily Sentinel reported.”
Milwaukee Journal Sentinel:?A divided state Supreme Court reappoints an attorney tied to the fake elector scheme to judicial advisory panel
By Molly Beck
“The conservative majority of the Wisconsin Supreme Court has reappointed to a state judicial advisory panel a Dane County attorney involved in an unsuccessful effort to persuade former Vice President Mike Pence to usurp President Joe Biden’s 2020 win by accepting slates of electors for Donald Trump.”
Tweet of the Week
Former West Virginia Secretary of State?Natalie Tennant?joined ?a bipartisan group of current and former election officials to speak out against states withdrawing from the Electronic Registration Information Center, which helps keep voter rolls accurate and increases access to voter registration:
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About the States United Democracy Center:
The States United Democracy Center is a nonpartisan organization advancing free, fair, and secure elections. We focus on connecting state officials, law enforcement leaders, and pro-democracy partners across America with the tools and expertise they need to safeguard our democracy. We are more than a think tank—we are an action tank. And together, we are committed to making sure every vote is counted, every voice is heard, and every election is safe. To learn more, visit?www.statesuniteddemocracy.org .
About States United Action
States United Action is a nonpartisan section 501(c)(4) nonprofit organization with a mission to protect our elections and our democracy. States United Action advocates for policies that protect election integrity, hold democracy violators accountable, and prevent political violence that threatens to undermine the will of the American people, and amplifies the voices of state leaders and law enforcement leaders who share these values. To learn more, visit?www.statesuniteddemocracy.org/states-united-action.
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