The States to Watch in 2023
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The States to Watch in 2023
Our democracy is in better shape than it was before the midterm elections, thanks to voters who?rejected Election Denier candidates ?for state offices that oversee voting. But dangers remain, especially in state legislatures across the country.
Over the past two years, state lawmakers have proposed more than 400 bills that would make it easier to undermine the will of the voters in our elections. More than 50 have been enacted. And early signs show renewed efforts as legislatures convene for their 2023 sessions.
The?year-end edition of A Democracy Crisis in the Making , a joint report of States United, Protect Democracy, and Law Forward, offers a clear warning: We must stay vigilant in defense of our elections.
As previous editions of the report?have explained , these election proposals come in many types. Some would criminalize the conduct of election officials and voters. Others would introduce chaos and delay with steps like mandatory hand-counting of ballots.
This is about power, not election security.?
These bills and laws are meant to shift control away from trusted election administrators and toward partisan legislators, and to create confusion in voting and vote-counting.
The report identifies three states of high concern: Florida, North Carolina, and Texas. In those states, legislatures are likely to pass laws that make it easier to undermine the will of the voters, or executive branch leaders like governors are likely to support it, or both.
At medium risk are Georgia, where the newly elected lieutenant governor is a?vocal Election Denier ?and presides over the state Senate, and Nevada, where county officials this year?tried to interfere ?with statewide election certification.
The report identified five other states worth watching: Arizona, Michigan, New Hampshire, Pennsylvania and Wisconsin. Legislatures in all five have previously considered election-manipulation bills, but Election Deniers who ran for statewide office lost, lowering the risk.
Voters sent a simple message in November. They don’t want their elections run by politicians who attack and undermine election administration. The question now is how state legislatures will respond to that message. We’ll be watching.
State of the States
In Arizona, Secretary of State Katie Hobbs asked a judge to dismiss a lawsuit filed by Kari Lake seeking to overturn the results of the governor’s race. Hobbs defeated Lake in that race by more than 17,000 votes.?Lake’s lawsuit ?asked the judge to throw out the election results in Maricopa County, hold a new election there, or declare Lake the statewide winner entirely. Among other problems, Hobbs’s motion to dismiss noted that Lake’s lawsuit relied on speculation, baseless claims of misconduct, and “bald, unsupported allegations” about lost or illegal ballots. Hobbs filed motions to dismiss similar lawsuits?from Mark Finchem , who lost the race for secretary of state, and?Abraham Hamadeh , who trails in the race for attorney general, although that race has gone to a recount under state law. Hobbs’s?motion in the Finchem case ?called his election challenge “little more than a publicity stunt.” Hobbs is represented in all three cases by the States United Democracy Center and Coppersmith Brockelman.
In the News
The Fulcrum:?Report: The threat of election subversion has eased, but not disappeared . By David Meyers
“Given the election results, the states that pose the greatest risk to free and fair elections are Florida, North Carolina and Texas, according to the?States United Democracy Center, Protect Democracy and Law Forward. Those groups released the latest version of their joint report, “A Democracy Crisis in the Making: How State Legislatures are Politicizing, Criminalizing, and Interfering with Elections,” on Wednesday.
Bloomberg:?Free Elections Won in 2022, But Deniers Will Be Back in 2024 . By Ryan Teague Beckwith
“Despite the defeat of election-denying candidates, the midterms made clear that the issue may not be gone in the 2024 presidential election.”
CNN:?Attorney disciplinary committee says Giuliani violated ethics rules with 2020 election fraud claims . By Tierney Sneed
“False election fraud claims that Rudy Giuliani made when he was representing former President Donald Trump’s campaign in 2020 should make the former New York mayor liable for professional sanctions, an attorney disciplinary committee said Thursday. The decision by the hearing committee for the DC Bar’s Board on Professional Responsibility is preliminary and non-binding.”
Talking Points Memo:?The Meadows Texts: A Plot To Overturn An American Election . By Hunter Walker
“The vast majority of Meadows’ texts described in this series are being made public for the very first time. They show the senior-most official in the Trump White House communicating with members of Congress, state-level politicians, and far-right activists as they work feverishly to overturn Trump’s loss in the 2020 election.”
The New York Times:?Three Michigan Men Sentenced to Prison Terms for Aiding Plot Against Whitmer . By Eliza Fawcett
“The three men … were convicted in October of aiding a plot to kidnap Governor Whitmer, a Democrat, as part of a right-wing backlash over her role in the state’s Covid restrictions. The men, all Michigan residents, were found guilty of providing material support for terrorist acts and illegal gang membership, as well as felony firearms charges.”
AP:?Recount requests delay Pennsylvania election certification . By Mark Scolforo and Brooke Schultz
“Five weeks after Election Day, winning candidates in Pennsylvania from governor to Congress are waiting for their victories to become official. An effort that appears to be at least partially coordinated among conservatives has inundated counties with ballot recount requests even though no races are close enough to require a recount and there has been no evidence of any potential problems.”
NBC:?Texas Republicans propose a Florida-style election police force as it tees up more changes to voting laws . By Adam Edelman
“Texas Republicans are laying the groundwork to move quickly on a number of new changes to the state’s voting laws, including a proposal to create an election police force like the one Florida enacted before the 2022 midterms.”
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Clip of the Week!
The Washington Post’s?Jackie Alemany?appeared on MSNBC’s “Deadline: White House” ?and talked about States United’s letter urging the House January 6 Select Committee to pursue accountability for lawyers involved in the attempt to overturn the 2020 election.
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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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