Politics

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

Published

4 months ago

November 11, 2024

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.

Politics

Andy Beshear hits Newsom for hosting Bannon on his new podcast

Published

14 hours ago

March 14, 2025

Blue Light Newsroom

Kentucky Gov. Andy Beshear took a swipe Thursday at a fellow leading Democrat, California Gov. Gavin Newsom, for hosting one of the most prominent figures in the MAGA movement on his new podcast.

Beshear, whose popularity in a heavily Republican state has turned him into a potential presidential candidate, told reporters that Newsom shouldn’t have opened his platform to Steve Bannon, an outspoken advocate of the “America first” agenda of President Donald Trump.

“I think that Governor Newsom bringing on different voices is great, we shouldn’t be afraid to talk and to debate just about anyone,” Beshear said at a Democratic policy retreat in Virginia. “But Steve Bannon espouses hatred and anger, and even at some points violence, and I don’t think we should give him oxygen on any platform, ever, anywhere.”

The criticism of Newsom, who is widely expected to run for president, amounted to what could be an early skirmish in the next Democratic primary. It also reflects divisions within a party trying to find its footing after Trump’s resounding victory.

The California governor recently launched the podcast, which appears to some degree to be an effort to find common ground with an ascendant conservative movement.

In his debut episode, speaking to Charlie Kirk of Turning Point USA, Newsom drew widespread attention — and criticism — for suggesting that Democrats were wrong to allow transgender athletes to participate in female youth sports. He was also critical of progressives who have called for defunding the police or who use the gender neutral term “Latinx.”

Newsom defended his approach and the Bannon interview in an email statement on Wednesday, saying it is “critically important” to understand Trump’s movement and how it successfully operated in the last campaign.

In the hour-long episode, Bannon repeated the debunked claims that the 2020 election was stolen amid a discussion that also covered tariffs and taxes.

“I think we all agreed after the last election that it’s important for Democrats to explore new and unique ways of talking to people,” Newsom said.

A spokesperson for Newsom, who plans to have Minnesota Gov. Tim Walz on his next episode, did not immediately respond to a request for comment about Beshear’s remarks.

The Kentucky governor, who was a featured speaker at the retreat along with Pennsylvania Gov. Josh Shapiro and Michigan Gov. Gretchen Whitmer, was not alone in criticizing the Bannon interview.

Former Republican Rep. Adam Kinzinger, who was one of the few Republicans in Congress to challenge Trump, called it an “insane” decision to host Bannon.

“I am in shock at the stupidity of [Newsom] inviting Steve Bannon on his podcast,” Kinzinger said Wednesday. “Many of us on the right sacrificed careers to fight Bannon, and Newsom is trying to make a career and a presidential run by building him up.”

Politics

Top Illinois Democrat readies a Senate bid — and tells people she has major backing

Published

1 day ago

March 13, 2025

Blue Light Newsroom

Ambitious Illinois Democrats are dreaming about Sen. Dick Durbin’s exit in 2026. The latest contender: the state’s lieutenant governor.

Juliana Stratton, who first took office in 2019, is quietly positioning herself for a Senate bid if Durbin bows out, calling key Democratic figures to ask for support, according to three people with knowledge of her plans, one of whom spoke with her directly and the other two who spoke with members of her team.

And she and her staff have said that she’s already secured the support of Gov. JB Pritzker, the three people said. They were granted anonymity to discuss private conversations and avoid political retribution. She and her team have made clear she expects Pritzker to be heavily involved financially, those people said.

“Juliana continues to keep an open mind about future opportunities, and if she does decide to pursue higher office, she’d be proud to earn the governor’s support while working to build a broad grassroots coalition,” said a spokesperson for the lieutenant governor, granted anonymity to discuss private conversations.

Pritzker, a high-profile governor and potential 2028 hopeful, is already a prolific Democratic donor and party operator, and his vast personal wealth would be a significant boost to any candidate. His money and endorsement could transform the brewing shadow primary that includes several members of the state’s congressional delegation.

His team declined to discuss an endorsement or financial backing in any potential primary. “We’re not going to engage with hypotheticals for a seat that’s not even open,” said a person close to the governor’s political operation granted anonymity to speak candidly.

The governor hand-picked Stratton, then a state representative, to be his running mate in 2017 and he was a guest of honor last month at a fundraising event for her newly formed federal PAC.

Illinois Lt. Gov. Juliana Stratton speaks to reporters as Gov. JB Pritzker, to her left, looks on with other state lawmakers in Chicago on Feb. 10, 2025.

Pritzker, a billionaire heir to the Hyatt hotel empire, could support that PAC as well as donate millions to any other super PACs supporting her campaign. That kind of financial support could make Stratton the front-runner in a primary that would essentially guarantee a spot in the Senate in the heavily blue state.

And if a Pritzker-backed candidate wins the race, it could help position him even more firmly as a major Democratic powerbroker, one whose influence could extend beyond Illinois political circles as 2028 approaches.

Durbin has served in the Senate since 1997 and while many Democrats expect the 80-year-old will retire, those close to him say he hasn’t yet decided.

In a brief interview Wednesday, Durbin acknowledged the lieutenant governor was among the Democrats who are preparing for his possible retirement: “She said if I run she’s not going to.”

Democratic Rep. Raja Krishnamoorthi has been padding his campaign account for years for a possible Senate run. He had amassed $17.1 million by the end of 2024. His fellow Democratic Reps. Lauren Underwood, who flipped a GOP-held district in 2018, and Robin Kelly, the former chair of the Illinois Democratic Party, are also eyeing the seat.

And Illinois Democrats have made a parlor game of wondering what’s next for Rahm Emanuel, the former Chicago mayor who just returned from an ambassador stint in Japan. For now, he’s a commentator on BLN.