'The most misunderstood threat' to democracy can still be stopped: legal experts

Former chief deputy attorney general for the state of Massachusetts Joanna Lydgate and ex-United States Ambassador to the Czech Republic Norm Eisen, in a Monday op-ed for MSNBC, argue the "most misunderstood threat" to democracy comes from the halls of US Congress.

The pair co-founded States United Action, a nonpartisan group dedicated to free, fair, secure elections," while Eisen served as co-counsel for the House Judiciary Committee during the first impeachment and trial of former President Donald Trump in 2020.

"Members of Congress have largely escaped having to answer for betraying American voters," Eisen and Lydgate write. "If we don’t want it to happen again, we can decide this fall not to trust election deniers with power over our votes."

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They note, "According to new research from States United, the nonpartisan organization we founded to help state and local officials protect elections, roughly a third of the current House and Senate — 171 members in all — are election deniers," including House Speaker Mike Johnson (R-LA) and ardent Trump supporter US Rep. Elise Stefanik (R-NY). "Election deniers represent 36 states, red and blue alike. And most will be on the ballot again this November. It’s worth thinking about how much havoc they could cause if they are returned to power."

Eisen and Lydgate write:

Yes, after the U.S. Capitol attack, Congress made it harder to sabotage a presidential election. A new law raises the threshold for objecting to any state’s electoral votes to one-fifth of the members of both the House and Senate. Previously, it took only one member from each chamber. But even under the new rules, election deniers in Congress could make mischief. Already, 152 of them sit in the House, more than enough to clear the higher bar. Nineteen sit in the Senate, just one shy of what would be needed. With many races expected to be close, the threshold could be lower if some members aren’t sworn in by Jan. 6.

It gets worse: If no presidential candidate wins 270 electoral votes, then the House chooses the president. That hasn’t happened in 200 years, but it’s not impossible this election year. Under this process, each state gets one vote. As of today, election deniers sit in 36 House delegations.

"In new polling from States United, 59% of people said Congress has a significant amount of power when it comes to elections. What they say — and do — about our elections really matters, they add, emphasizing, "The same polling suggests election denial may come with a political price. A plurality of voters, 42%, would be less likely to re-elect a member of Congress who refused to certify in 2020. To get educated, voters can start at ElectionDeniers.org. It offers the full picture of election deniers in Congress and in state offices across the country."

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Eisen and Lydgate's full op-ed is here.