Politics

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

Published

2 years 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

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Published

6 hours ago

July 21, 2026

Blue Light Newsroom

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Politics

South Carolina Senate poll shows surprising frontrunner: Trey Gowdy

Published

7 hours ago

July 21, 2026

Blue Light Newsroom

Former Rep. Trey Gowdy insists he’s not interested in running in the South Carolina special election. But a new poll suggests Gowdy would be formidable if he changed his mind.

Gowdy holds a massive lead over seven other potential and declared GOP candidates for the late Sen. Lindsey Graham’s seat, according to a poll from Republican-aligned firm Peak Insights that was obtained by POLITICO.

Gowdy draws 38 percent of the vote. The actual candidates in the race are bunched closely, with no clear frontrunner: Rep. Ralph Norman trails at 13 percent support, followed closely by both Rep. Russell Fry and Sen. Darline Graham, Lindsey’s sister who is running for a full term after being appointed, who both sit at 9 percent. Businessman Mark Lynch, a self-funder who lost a Senate primary to Graham last summer, pulls 7 percent support. The survey of 900 likely GOP primary voters for South Carolina’s special election was conducted before anyone formally entered the contest.

The election will be a test of Trump’s power. He endorsed Darline Graham last week, but that hasn’t stopped other prominent South Carolina Republicans from jumping in the race, all of them touting their loyalty to the president — despite not having his formal support.

And at least according to the poll, his endorsement doesn’t shift things much. When respondents are informed that Trump “asked Darline Graham Nordone to run in the special election for U.S. Senate, saying if she runs, she has his complete and total endorsement,” Graham’s support improves from 9 percent to 16 percent, and Gowdy falls from 38 percent to 35 percent.

The poll is a sign of why some prominent Republicans — like his longtime friend, Sen. Tim Scott — may want Gowdy in the race. Peak Insights has polled for Scott, who chairs the National Republican Senatorial Committee, as well as the NRSC and the Republican National Committee among many others.

Gowdy left the U.S. House in 2019 and now hosts a show on Fox News. Through a spokesperson, he said he “has not had any conversations about the open senate seat and does not have any interest in it.”

That hasn’t stopped Scott from pushing his longtime buddy to run. Scott advocated for Gowdy to be appointed to the vacant Senate seat after Lindsey Graham’s death, before South Carolina Gov. Henry McMaster appointed Darline Graham to the seat. Scott announced last week he was recruiting Gowdy to run in the special election, before Graham announced she would run.

“I can’t think of a better person that I think best represents the heart of South Carolina than Trey Gowdy,” said Scott during a press conference Wednesday. “I’m trying to get him interested in it, but we’ll see if that works out at all.”

Scott and the NRSC have not yet issued an endorsement in the special election. Scott praised Graham during a Fox News interview Monday, saying she is “strong so far, calm under pressure, and really poised.”