I understand why all eyes seem focused on Donald Trump and his plan to steal the midterms. He has proven himself a threat to free and fair elections. ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­    ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­  

Friday, September 25

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By Marc Elias · Democracy Docket founder

I understand why all eyes seem focused on Donald Trump and his plan to steal the midterms. He has proven himself a threat to free and fair elections.

 

But as we head toward November, some of the greatest threats to democracy are amassing power at the state and local level. Take, for example, Riverside County Sheriff Chad Bianco, who seized roughly 650,000 ballots after last year’s redistricting election in California.

 

Out of the bright glare of the national spotlight, MAGA foot soldiers like Bianco — as well as the right-wing judge who approved the seizure — are quietly working to subvert elections for Republicans. But yesterday, two rulings in California created hurdles for rogue law enforcement officials who may try to copy and paste Bianco’s ballot seizures in November.

 

In the first, the California Supreme Court ruled that Bianco had violated the law during the seizure, and ordered him to return the ballots.

 

In a companion case brought by California Attorney General Rob Bonta, the court unanimously rejected Bianco’s argument that the state’s chief law enforcement officer lacks authority to issue binding directions governing a county sheriff’s investigation.

 

Together, these rulings mark a significant victory for free and fair elections in California and a roadmap on how to defeat local election deniers nationwide.

 

While much of the national attention is focused on the seating of a new Congress in January, the truth is that our elections are at their most vulnerable in the hours and days after polling places close. That’s where people like Chad Bianco come in — MAGA folk heroes who abuse their power to seize ballots and sow chaos.

 

Yesterday's rulings will make it more difficult for far-right officials to undermine the will of the voters. They reinforced California’s power to step in and take control of local elections when officials go rogue. And, importantly, they clarified an important rule: Cast ballots must remain in the custody of election officials even during criminal investigations.

 

Ballot seizures like the one in Riverside County are a real threat — but the California Supreme Court ruling reinforces that the law is on our side.

 

With November less than two months away, California’s Supreme Court has placed the pro-democracy movement in a position of strength.

 

Unfortunately, it is not a matter of if far-right election officials will try to subvert elections. It is a matter of when and where. But as in this case, the pro-democracy movement will fight every action Republicans take to undermine free and fair elections.

 

What worried me most this week

 

The Trump administration has been threatening to send armed federal agents to the polls for months. From Attorney General Todd Blanche to FBI Director Kash Patel to Donald Trump himself, the administration has doubled and tripled down.

 

Sending armed agents to the polls is a violation of federal law. Just the threat of it could intimidate voters, keeping them home on Election Day and dampening turnout — which is the point. And it could put election workers at risk. In Syracuse, New York, for example, ICE agents confronted a poll worker who criticized them on Instagram.

 

The administration’s threats have deeply worried me. Which is why I did something about it.

 

On Wednesday night, the Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, the Democratic Governors Association, Senate Democratic Leader Chuck Schumer and House Democratic Leader Hakeem Jeffries filed a lawsuit to stop the Trump administration from carrying out its policy of deploying ICE and other federal agents at the polls this November.

 

My law firm filed this lawsuit, and we are going to fight tooth and nail to protect voters at the polls from armed federal agents. I am worried — and that is why I am on the front lines.

 

What I'm watching in the courts

 

Voting is already underway in Missouri — but that’s not stopping the state’s Republicans from trying to breathe life back into their gerrymandered congressional map. And now it is back before the U.S. Supreme Court.

 

Earlier this week, a federal appeals court ordered the Republican gerrymander to be used this fall, effectively sending the issue back to the justices, who already have twice ruled against the gerrymander’s backers.

 

Democracy advocates People Not Politicians argue that it would be practically impossible to swap maps at this stage of the game — ballots have been printed, and votes have been cast.

 

I am proud that my law firm is representing the group before the high court for the third time. So far we are 2-0.

 

Regardless of what the Supreme Court decides, Missouri voters — at every stage of this process — have witnessed Republican state officials scheming for power. I have been watching this unfold closely, and I will keep my eyes on Missouri as we head to what should be the final showdown.

 

What gave me hope this week

 

We celebrated an important milestone: a quarter-century of losses for the Department of Justice in their lawsuits to access state voter files. I remain eager to hear from the 9th Circuit Court of Appeals, from which we should have a decision any day. Hawaii and Idaho are currently stayed pending the 9th Circuit decision.

 

These victories continue to be a good sign — and every win is a win for voters.

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