Politics
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 is professor at UCLA School of Law, where he directs its Safeguarding Democracy Project. He is an NBC News/BLN election law analyst.
Politics
Trump-backed Jay Feely wins GOP primary in Arizona’s battleground 1st District
Former Arizona Cardinals kicker Jay Feely cruised to victory in Arizona’s 1st District on Tuesday, one of the nation’s most competitive battlegrounds.
Feely, a close ally of President Donald Trump, leveraged Trump’s endorsement to topple former state Rep. Joseph Chaplik.
He’ll face a steep challenge defeating the Democratic nominee in November: The 1st District, which spans the affluent suburbs north of Phoenix, is one of House Democrats’ top targets after Trump won it by just three points in 2024. Feely is looking to keep the seat under GOP control amid a midterm year that presents major headwinds for the party.
Politics
Rep. Andy Biggs wins GOP primary for Arizona governor
Trump-endorsed Rep. Andy Biggs has won the GOP primary to face Democratic Gov. Katie Hobbs in November, setting up a marquee governor’s race in one of America’s most competitive states.
Biggs, a former chair of the hardline House Freedom Caucus and a close ally of President Donald Trump, easily dealt with his only serious challenger, Rep. David Schweikert, on Tuesday. Before the primary results were official, he had already begun pivoting to the general election against Hobbs, who is seen as one of the most vulnerable Democratic governors this fall.
Republicans feel bullish about their odds of flipping the governorship, after Trump carried the state by five points in 2024. But even though Trump won last time, the state has gradually shifted to pure tossup territory over the past few years, electing Democrats to both Senate seats, as well as the attorney general and secretary of state’s offices.
Hobbs had already shifted her focus to Biggs as well. Her campaign has amassed a significant warchest for the race and has already started running ads. Biggs, given his lack of a significant primary challenge, has been able to hold onto more cash than his GOP rivals, but is still behind Hobbs.
The race will test whether Republicans, who are starting down a potentially bruising midterm cycle, can reclaim the top office of a state that has long been a place of success for the party.
During the Republican primary debate, Biggs spent more time talking about his working relationship with House Minority Leader Hakeem Jeffries and Arizona Democratic Sen. Mark Kelly than he did flexing his endorsement from Trump or highlighting his House record, including his time atop the Freedom Caucus. Instead, he tried to refocus on his bipartisanship in Congress and his leadership in the state legislature.
“I know how to reach across the aisle,” Biggs said during the debate.
But he will still have to contend with many of his past stances, including his role in trying to overturn the 2020 election.
And Hobbs is already working to ensure voters know where Biggs stands on key issues as a longtime member of the House, including his anti-abortion positions and his role in 2020. Her campaign has repeatedly attacked him as “too extreme” for the state and has dubbed him “basement Biggs” for keeping a relatively low profile throughout the GOP primary.
Politics
Trump-backed Mark Lamb wins Arizona House primary despite sex scandals
A scandal-plagued House candidate powered by President Donald Trump’s endorsement won a messy primary Tuesday.
Mark Lamb, the former Pinal County sheriff, overcame a late push from self-funding candidate Daniel Keenan in Arizona’s 5th District. Lamb will enter November as the heavy frontrunner in the deep-red Phoenix-area district to replace Rep. Andy Biggs (R-Ariz.), who is running for governor.
Keenan had poured nearly $2 million of his own cash into the campaign and attempted to make Lamb’s alleged sexual misconduct and abuse of power central to the race. Lamb has denied the allegations.
But Lamb — bolstered by Trump and Arizona-based Turning Point USA — managed to ward off the attacks.
The race’s outcome reveals the strength of Trump’s endorsement, and it’s the latest example of how willing GOP primary voters have been to accept scandal-ridden candidates favored by the president.
Lamb, who served as sheriff until 2024, earned national notoriety as a gun-toting critic of the Biden administration’s immigration and border policy. He secured Trump’s backing for the 5th District contest last year.
Then in May, the Arizona Republic launched a multi-part investigation alleging that Lamb engaged in a yearslong pattern of sending sexual images and instigating intimate encounters between him, his wife and others. One woman involved, Jillian Stannard, accused Lamb of encouraging her husband to have sex with other women, including Lamb’s wife. She also alleged that Lamb threatened her, saying there would be consequences, when Stannard raised concerns to religious leaders.
Screenshots the Republic obtained of messages with another woman, Tammy Peacock, suggest Lamb — then a sitting county sheriff — threatened to leverage Arizona’s revenge porn law against her.
In a statement last week, Lamb spokesperson Ed Morabito told Blue Light News that “these allegations are false and come from long-discredited political opponents.”
Lamb did not lose any significant endorsements in the wake of the scandals — Trump reinforced his endorsement in mid-July — even as Keenan made the allegations central to his campaign.
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