The Latest: How the Erosion of Federalism Endangers Elections
Digest
This podcast episode of Democracy Decoded, hosted by Simone Lieber and featuring legal experts Katie Kelly and Jonathan Diaz from the Campaign Legal Center (CLC), delves into the significant threats facing American democracy. The discussion highlights the erosion of federalism, particularly under the Trump administration, which attempted to consolidate federal control over elections and impose new voter registration barriers. CLC's legal battles against an executive order that sought to create unnecessary hurdles for voter registration, including proof of citizenship requirements, are detailed. The episode also addresses the persistent attacks on mail-in voting, the spread of election denialism, and the chilling effects these actions have on public trust and election workers. Despite the resilience of election systems, concerns remain about future disruptions. The podcast emphasizes the importance of transparency, public education, and continued engagement to defend voters' rights and ensure safe, secure elections, while also urging support for CLC's mission.
Outlines
Defining American Democracy and Threats to Safeguards
The podcast introduces the concept of who is considered "American" and the administration's attempts to redefine this, setting the stage for a discussion on threats to democracy. The current season focuses on core democratic safeguards being challenged, ignored, or dismantled.
Executive Overreach and Federalism in Election Administration
This section examines the erosion of federalism under Donald Trump, focusing on his criticism of state election administration and executive overreach. Legal experts from the Campaign Legal Center (CLC) discuss the dangerous trend of the Trump administration amassing power at the expense of states and Congress, particularly in election matters, and CLC's legal challenges to these actions.
Examining Voter Registration Barriers and Mail-In Voting Attacks
The podcast analyzes the executive order's attempt to create new voter registration requirements, including documentary proof of citizenship, and its potential impact on voter groups. It also discusses the executive order's attempt to overwrite state laws regarding mail ballots and the legal challenge filed by CLC to block this perceived takeover of elections. A court victory blocking the proof of citizenship requirement is highlighted.
The SAVE Act and State-Level Efforts to Restrict Voting
The SAVE Act, an anti-voter bill, is examined for its potential to create new barriers to voter registration. The impact on married women and public backlash are discussed. Despite the SAVE Act being stalled, state legislatures are pushing for documentary proof of citizenship requirements, and CLC is actively litigating these issues at the state level.
Attacks on Mail-In Voting and Sowing Distrust
President Trump's attacks on mail-in voting are addressed, with a discussion on its historical context, popularity, and the president's lack of authority to change state-level rules. The perception of mail-in voting as partisan is debunked, and Trump's self-serving motives are attributed to his 2020 election loss. The podcast emphasizes how these announcements sow distrust in elections and damage public confidence.
Resilience, Future Concerns, and Defending Voters' Rights
The chilling effects of attacks on elections, including fear and intimidation, are discussed, alongside the resilience of election systems despite these challenges. Lessons learned from 2024 for future elections are shared, with concerns about potential legal and extra-legal disruptions. The importance of ensuring voters know they can vote safely and securely, and the need for continued engagement to protect fundamental rights, are stressed. The decentralized nature of elections and the federal government's role in protecting voters' rights are also covered.
Keywords
Federalism
A system of government where power is divided between a national government and state governments. In the US, the Constitution outlines these distinct powers, particularly concerning elections, where states manage administration and Congress sets national standards.
Election Sabotage
Deliberate actions taken to undermine, disrupt, or interfere with the integrity and administration of elections. This can include spreading misinformation, challenging legitimate results, or attempting to disenfranchise voters.
Voter Registration Barriers
Obstacles or requirements that make it more difficult for eligible citizens to register to vote. These can include complex forms, proof of citizenship requirements, or limited registration periods, potentially disenfranchising certain groups.
Documentary Proof of Citizenship
Requiring individuals to provide official documents (like passports or birth certificates) to prove their U.S. citizenship when registering to vote. This can create significant hurdles for many citizens, especially those who lack easy access to such documents.
Mail-In Voting
A method of voting where voters receive their ballots by mail and return them either by mail or in person. It has become increasingly popular for its convenience, though it has also been a target of political attacks and misinformation.
Executive Overreach
When the executive branch of government, particularly the president, exceeds its constitutional or legal authority. This can involve attempting to unilaterally change laws, interfere in state matters, or bypass legislative processes.
Election Deniers
Individuals who promote false claims and conspiracy theories about election results, often alleging widespread fraud or irregularities without evidence. This undermines public trust in democratic processes.
Voter Rolls
Official lists maintained by election officials that contain the names and addresses of registered voters in a specific jurisdiction. These are sensitive documents containing personal information and are crucial for election administration.
Campaign Legal Center (CLC)
A nonpartisan nonprofit organization dedicated to strengthening American democracy through innovative solutions and addressing challenges to democratic safeguards.
SAVE Act
A proposed federal law aimed at creating new barriers to voter registration by requiring documentary proof of citizenship, considered an anti-voter bill.
Q&A
What is federalism and how is it being eroded in the context of elections?
Federalism is the division of powers between the federal government and state governments. The erosion of federalism in elections occurs when the president or federal agencies attempt to dictate election rules and administration, areas constitutionally assigned to the states and Congress.
What are the main concerns regarding the executive order on voter registration?
The executive order attempted to impose documentary proof of citizenship requirements for voter registration, creating significant bureaucratic hurdles. This would disproportionately affect young voters, older voters, voters of color, and voters with disabilities, potentially disenfranchising millions.
Why is the DOJ's demand for state voter rolls controversial?
The DOJ's demand for unredacted voter rolls is seen as a “phishing expedition” without concrete evidence of wrongdoing. It raises concerns about data privacy, potential violations of federal and state laws, and the misuse of sensitive personal information.
What is the SAVE Act and why is it considered an anti-voter law?
The SAVE Act is a proposed federal law that would impose documentary proof of citizenship requirements on voter registration. It is considered anti-voter because it restricts access to voting, unlike previous bipartisan efforts that expanded it, and would create burdensome requirements.
What is the historical context and current debate surrounding mail-in voting?
Mail-in voting has a long history in the U.S., dating back to the Civil War. While it saw a surge in popularity due to the pandemic, it has become a partisan issue, with President Trump attacking its security and reliability, despite his own use of it and its general popularity.
How do attacks on election administration and voting methods damage democracy?
These attacks sow distrust in elections, create a climate of fear and intimidation, and can lead to harassment of election workers. This undermines public confidence in the electoral system and can lay the groundwork for attempts to overturn legitimate election results.
What lessons were learned from the 2024 elections regarding election resilience and future threats?
The 2024 elections demonstrated the resilience of the election system despite attacks. However, concerns remain that the losing party might not respect results and attempt to undermine the system, especially with allies in key government positions.
What is the role of the Campaign Legal Center (CLC) in defending democracy?
CLC is a nonpartisan legal organization dedicated to strengthening American democracy by fighting for every American's freedom to vote and participate meaningfully in the democratic process, particularly for those facing political barriers. They engage in legal battles, advocacy, and public education to counter threats to democratic safeguards.
Show Notes
Under our Constitution, the federal government and the states have distinct powers — especially when it comes to elections. But the Trump administration has repeatedly tried to interfere with how states run elections, pushing unlawful policies that undermine faith in safe, secure and accurate elections.
Host Simone Leeper sits down with Catie Kelley, Senior Director of Policy and Strategic Partnerships at Campaign Legal Center, and Jonathan Diaz, CLC’s Director of Voting Advocacy and Partnerships, to examine how the Trump administration has attempted to federalize elections, impose unconstitutional voter restrictions and silence Americans.
They unpack CLC’s major court victory against the administration’s unlawful election executive order; explain how new proof-of-citizenship requirements could disenfranchise millions of voters; and discuss lawsuits defending states’ rights and voters’ privacy against federal overreach. They also explore broader threats—from troubling legislation and to presidential attacks on mail-in voting—and what Campaign Legal Center is doing to preserve checks and balances, protect election integrity and defend every American’s freedom to vote.
Timestamps:
(00:00 ) — What does “federalism” mean, and why is it under attack?
(02:50 ) — How is the Trump administration overstepping its authority on elections?
(06:44 ) — What lawsuits has CLC filed to stop the president’s election overreach?
(07:58 ) — Why are proof-of-citizenship rules so dangerous for voters?
(11:28 ) — How are military families impacted by new voting restrictions?
(14:50 ) — Why is the DOJ demanding states’ voter data—and why is it alarming?
(17:56 ) — How are states pushing back to defend their power and voters’ privacy?
(19:10 ) — What is the SAVE Act, and how could it silence millions of voters?
(25:16 ) — Why is mail-in voting under attack again?
(28:41 ) — How does misinformation from the president erode trust in elections?
(30:51 ) — What lessons from 2024 should shape the 2026 midterms?
(34:04 ) — What can states do to strengthen confidence in elections?
(36:24 ) — What should voters remember heading into 2026 and beyond?
(40:17 ) — How can Americans hold the line for democracy?
Host and Guests:
Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.
Catie Kelley is Senior Director of Policy & Strategic Partnerships at Campaign Legal Center. Catie oversees CLC's policy work at the federal, state and local levels. She is leading CLC's work to address the emerging threats of election sabotage. Previously, Catie built and ran CLC's state campaign finance program. In that capacity, she worked with state and local stakeholders and policymakers to advance innovative policies designed to decrease the influence of money in the political process. She began her legal career in the Federal Election Commission's Office of General Counsel.
Jonathan Diaz is Director of Voting Advocacy and Partnerships at Campaign Legal Center. Jonathan advocates for laws and policies that expand the freedom to vote for all Americans; leads CLC's work on combatting election sabotage; and coordinates CLC's relationships with national, state and local voting rights partners.
Jonathan manages CLC's work to protect election results and defend against election sabotage, and he works directly with CLC's litigation, communications and policy teams to help set organizational strategy on voting rights and elections advocacy. He also works directly with election officials at the state and local level to improve election administration processes, and he represents CLC in democracy reform coalitions to coordinate legal, advocacy and messaging strategies with partner organizations across the country.
Jonathan has also litigated voting rights cases in federal courts across the country, including LULAC v. Executive Office of the President (challenging the President's unconstitutional executive order on voting); LUCHA v. Fontes (challenging Arizona's burdensome and discriminatory proof-of-citizenship requirements for voter registration); VoteAmerica v. Raffensperger (challenging Georgia's restrictions on the distribution of absentee ballot applications); and Raysor v. Lee (challenging Florida's conditioning of rights restoration for voters with past felony convictions on the payment of legal financial obligations).
Links:
Victory! Anti-Voter Executive Order Halted in Court – CLC
Voting Is an American Freedom. The President Can’t Change That – CLC
How CLC Is Pushing Back on the Trump Administration’s Anti-Voter Actions – CLC
Taking Action Against Presidential Abuses of Power – CLC
What You Need to Know About the SAVE Act – CLC
Vote-By-Mail: A Secure and Accessible Way to Cast Your Ballot – CLC
A Raging Battle for Democracy One Year from the Midterms – Trevor Potter’s newsletter
About CLC:
Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American’s freedom to vote and participate meaningfully in the democratic process. Learn more about us.
Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.
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