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I’m an election law expert. Here’s what happens when ballots are burned.

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I’m an election law expert. Here’s what happens when ballots are burned.

News of arson fires that started Monday in ballot boxes in Vancouver, Washington, and in Portland, Oregon, show that not all threats to the integrity of our elections come from well-organized militias or foreign governments. The Portland Police Bureau has already released photos of a vehicle authorities say was involved with at least one of the incidents, and possibly others. “We don’t know the motive behind these acts,” Assistant Chief Amanda McMillan said in a statement. “We do know acts like this are targeted and they’re intentional and we’re concerned about that intentional act trying to impact the election process. We’re dedicated to stopping this kind of behavior.” 

That’s good to hear. Clearly, there are individuals determined to wreak havoc on our elections. And federal and state authorities need to extinguish this kind of violence before things get more out of hand.

Even if any ballots were destroyed in this week’s fires, voters should still be able to cast replacements.

In Oregon, the Multnomah County Elections Division said in a statement that “fire suppressant inside the ballot box protected virtually all the ballots.” Three ballots were damaged, and county Elections Director Tim Scott said the affected voters were being contacted.

But even if any ballots were destroyed in this week’s fires, voters should still be able to cast replacements.

Voters in Oregon and Washington are lucky enough to live in states with excellent election administration, including elaborate systems to track the path of one’s ballot from the time it is sent to a voter until the time it is received by election officials. Voters who might have put their ballots in one of the affected ballot boxes will have ample opportunity to contact election officials and get and then cast replacement ballots, assuring that they won’t be disenfranchised by this despicable antidemocratic act.

But there could be other attempts to interfere with the 2024 election over the next week that might not be so easily remedied. (One of the final episodes of the television show “Succession” features a not-implausible fire that destroys 100,000 uncounted mail-in ballots in Milwaukee, with grave, albeit fictional, electoral consequences.) And even if there aren’t large-scale attacks on our election processes, even the fear of violence or interference could deter people from voting. In 2022, for example, vigilantes patrolled a ballot drop box area in Arizona before a federal court enjoined the intimidating conduct. We don’t know what individuals or groups have planned for this time, but government officials are warning of possible extremist violence.

The potential for violent escalation makes it crucial for law enforcement to make the investigation and prosecution of Monday’s ballot attacks a priority. The FBI says it is coordinating with local authorities, which is the right move. We need law enforcement to act vigorously to identify the perpetrators of these crimes and bring them to justice.

There are a number of federal statutes that could be used to charge arsonists who burn ballots, including one that bars the destruction or mutilation of ballots and another that bars using force to interfere with voting. State laws also classify ballot burning and similar activities as crimes. Washington state, for example, prohibits tampering with voting materials and devices used in voting. Oregon law provides that a person “may not willfully alter or destroy a ballot cast at an election or the returns of an election.”

In addition to prosecuting the crimes that have already occurred, it is crucial to ensure that voters feel welcome and safe to vote in coming days.

In the end, the idea of free and fair elections means that eligible voters should be able to easily cast ballots that will be fairly and accurately counted, in a system free of violence and intimidation. It’s a sad testament to American democracy that this needs to be said, but it does. Now is the time for all of us to remain vigilant to assure free elections and a peaceful transition of power in the weeks and months ahead.

Richard L. Hasen

Richard L. Hasen is professor at UCLA School of Law, where he directs its Safeguarding Democracy Project. He is an NBC News/BLN election law analyst.

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‘We’re going to have a problem’: Republicans want Trump to move on from 2020

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President Donald Trump is bringing back 2020. Many Republicans wish he wouldn’t.

Conversations with nearly a dozen GOP state and county chairs and strategists reveal a party largely eager to move on from relitigating Trump’s election grievances, which they’re worried may detract from an economic message that actually motivates voters. But the president won’t let it go, subpoenaing 2020 election records and putting pressure on lawmakers to pass legislation to overhaul voter registration laws.

As Republicans stare down a treacherous midterm landscape, there’s a growing view inside the party that focusing on “stolen election” claims and voter fraud will kneecap them in the general election: That messaging might play well with the MAGA base in the primary, but it could alienate moderates tired of rehashing an election from nearly six years ago.

“I’m always one to believe you should look forward, not backward,” said Charlie Gerow, a Pennsylvania-based GOP strategist and Trump convention delegate who hosted a meeting of fake electors in 2020 at his Harrisburg-based public affairs firm. “It would be better if the midterms focused on the recovery of the economy and all the good things the Republican administration and Congress are doing to move the economy forward.”

In recent weeks, Trump has turned his sights on Maricopa County — Arizona’s largest county — subpoenaing records just weeks after the FBI raided an elections office outside Atlanta. He has revisited grievances that the 2020 election was “rigged,” suggested Republicans should nationalize elections and is demanding that lawmakers make passing the SAVE America Act, which would put in place stricter voting requirements, their “No. 1 priority.

“Part of me understands it, and part of me just wants to move forward,” said Todd Gillman, chair of the Monroe County Republican Party in Michigan.

“Focus on the things that matter to everybody throughout the whole country,” he said, “or we’re going to have a problem in a few months.”

Trump does have backing from a number of Republicans, including some battleground-state GOP chairs who are not only embracing the president’s election probe, but openly encouraging his administration to audit their states’ records as they continue to push allegations of fraud from 2020.

Bruce Parks, the chair of the Washoe County, Nevada, GOP, said he would “absolutely” welcome a probe into his county and Clark County, the two largest in the state. And Jim Runestad, the chair of the Michigan Republican Party, suggested a review of records in Detroit, long a focal point of Trump’s 2020 election conspiracies.

“There’s no problem at taking a look at this and making sure everybody’s comfortable,” Runestad said.

Still, others say the risk is that voters simply don’t care — or have moved on. Republicans, including Trump’s own advisers, increasingly want him to focus on the economy ahead of the midterms.

That comes as polling repeatedly shows that economic issues — not election issues — top voters’ list of concerns. In a February Blue Light News Poll, more than half of all Americans — 52 percent — said the cost of living was a top issue facing the U.S. By comparison, less than a quarter — 23 percent — said a top issue was the U.S.’ democracy being under threat, a view held predominately by Democrats.

Those cost of living worries are now being exacerbated by Trump’s war in Iran, which is driving up gas prices and wreaking global economic havoc as it enters its third week.

The White House said Trump’s efforts are aimed at restoring confidence in elections and reiterated the importance of passing the SAVE Act.

“[Trump] is committed to ensuring that Americans have full confidence in the administration of elections, and that includes totally accurate and up-to-date voter rolls free of errors and unlawfully registered non-citizen voters,” spokesperson Abigail Jackson said in a statement.

Buzz Brockway, a GOP strategist and former state representative in Georgia, called election issues a “huge distraction,” adding: “Nobody outside of a small dedicated group are talking about this, they’re talking about the economy, they’re talking about, now, the price of oil.”

In Georgia, long an epicenter of Trump’s repeated efforts to litigate the 2020 election, some Republicans say voters are now largely “immune” to the issue that’s been rehashed endlessly for the past five years.

Some state-level GOP officials are hoping Congress passes the SAVE Act — despite the reluctance of many Republican lawmakers — so it will give them enough cover with MAGA voters but allow them to avoid talking about election issues themselves.

While Trump’s “stolen election” claims may still be a driving force for some primary voters, the general electorate is focused elsewhere. And if Republicans make those grievances central to their midterm message, they risk falling into a similar trap Democrats confronted during the 2024 presidential election — when former Vice President Kamala Harris’ warnings about democracy won over already loyal Democrats but failed to sway enough of the swing voters she needed to clinch the presidency.

“You’ve got to at least touch that base,” said one Georgia-based GOP strategist, granted anonymity to speak candidly. But “once you’ve got the nomination, then I think it really collapses down into economic issues.”

That dynamic can create a political conundrum for Republican candidates.

“A savvy Democrat will put a candidate on the spot and say, ‘You agree with [Trump], don’t you?’ and make a mess,” Brockway said. Republicans have “got to figure out a way to deflect that question somehow, in a plausible way that doesn’t alienate this loud minority.”

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MAGA war skeptics rage over Lindsey Graham

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House Republicans will advance 18-month extension of spy powers, leaders say

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