Election Security and Management
Threats to U.S. elections—including disinformation, political violence, and other efforts to undermine public confidence in the election—have grown in recent years, and Lawfare’s coverage has grown with them. Find our articles, podcasts, and other projects on elections, and the efforts to subvert them, compiled below.
Please note that Lawfare’s coverage of related issues, including Section 3 challenges to former President Donald Trump’s eligibility to be a candidate in the 2024 presidential election, the federal prosecution of Trump due to his alleged actions to subvert the results of the 2020 presidential election, the Fulton County prosecution of Trump and co-defendants to overturn the 2020 presidential election in Georgia, and the accountability efforts in Congress, the criminal courts, and civil litigation for the Jan. 6 attack on the Capitol, have their own dedicated pages linked throughout this paragraph.
Nov. 5 Election Litigation Repository
In collaboration with Court Watch, Lawfare will continue to update this one-stop shop for all federal court litigation related to the Nov. 5, 2024 election. Paid subscriptions help Court Watch offset PACER fees associated with maintaining this docket.
Last Updated: 11/6/2024 - 2:43pm
Threat Cases
- United States v. Sissel (Michigan) - Criminal Complaint - Man accused of posting a violent threat on Redditt as ‘ShootUpTrumpRally’ to kill former President Trump
- United States v. Pierce (Michigan) - Criminal Complaint - Man accused of threatening to kill a witness for the January 6th Committee and other elected officials
- United States v. Wimbish (Georgia) - Criminal Complaint - Poll worker accused of threatening election worker.
- United States v. Mitzel (Pennsylvania) - Indictment - Man who allegedly threatened to kill President Biden and Hilary Clinton. Then purportedly threatened to kill the Assistant U.S. Attorney investigating him.
- United States v. Olson (DC) - Criminal Complaint - Man arrested with a flare gun, gasoline, and ‘political manifesto’ at the Capitol.
- For an overview of federal arrests involving threats against public officials, see NCITE’s recent academic research.
Post-Election
United States v. Carnell - Motion - A man accused of federal crimes related to January 6th has asked a judge to delay a decision regarding additional charges in light of President-elect Trump’s promise to grant clemency to January 6th defendants.
Election Cases
- Republican National Committee v. Mahoney (Georgia) - Oral Order (Minute Order, Politico Writeup) - Judge rules against RNC effort to block accepting of absentee ballots
- The RNC has filed a motion to voluntarily dismiss their case.
PAC Cases
McAferty v. Musk - Arizona woman suing Elon Musk and America PAC arguing that the 1 million dollar lottery for signing the election petition was not random but pre chosen.
Alvarez v. Musk - Michigan man suing Elon Musk and America PAC arguing that the 1 million dollar lottery for signing the election petition was not random but pre chosen
Voting
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Navigating Uncertainties in the Contingent Election Process
An electoral vote count tie would require Congress to decide the presidential election—and procedural rules could determine the outcome. -
How We Select a President in 2024
The process for selecting a new president—and resolving election disputes—has undergone some big changes since 2020. They may make all the difference. -
The Constitutional Underpinnings of the ECRA
Congress passed a law to clarify the electoral vote-counting process and prevent the next Jan. 6. It was well within its power to do so. -
What Does it Mean to Ensure Election Integrity in 2024?
The government has leaned forward on countering foreign influence. But election workers are struggling to respond to homegrown rumors. -
Lawfare Daily: David Clements, the Evangelist of Election Refusal, with Anna Bower and Ben Wittes
Discussing the push to stop election officials from certifying the election. -
David Clements: The Evangelist of Election Refusal
Former law professor David Clements urges local election officials to refuse to certify elections—and trains citizens to pressure them to do so.