Additionally, foreign interference seems now to have become a permanent feature of American elections, although to what end remains in question. As the 2019 report issued by Special Counsel Robert Mueller demonstrated, Russia's attempts to interfere with the 2016 election, including conducting "information warfare" and attacking voter databases, proved "sweeping and systematic."
Where Are We Today?
When it comes to elections, despite Donald Trump, it's not been all downhill. In 2021, the Department of Justice launched an Election Threat Task Force aimed at individuals who posed threats to election workers. To date, 17 people have indeed been prosecuted. Significantly, in 2022, Congress passed the Electoral Count Reform Act, an attempt to update the Electoral Count Act of 1887 and improve the process of certifying the vote, ensuring that the transition period between election day and inauguration day goes smoothly. In addition, in 2022, Congress passed legislation to establish a Foreign Malign Influence Center to counter disinformation from overseas generally, not just in elections.
The federal courts have also proven to be barriers against electoral subversion. In the wake of the 2020 election, they repeatedly denied Donald Trump success in his efforts to overturn the results. Yet even this source of democratic protection has been limited, while the present all too conservative Supreme Court, which in 2013 gutted the Voting Rights Act, has continued to weaken voter protections.
The question then remains: What do the lessons of history -- and recent reforms -- tell us about our current moment? On the one hand, history suggests that election dysfunction has been overcome time and again. Whether we're talking about contested results, challenges to voter suppression, outbreaks of violence, or presidents elected without national majorities, such situations have been resolved reasonably successfully in the past. Meanwhile, new measures have been put in place for the security of election workers, the certification of the vote, and the deterrence of voter suppression in new ways. In other words, American democracy has continued, despite deeply rooted problems.
And yet, it's also clear that past negative experiences have, in our moment, been twisted into newly dangerous configurations. In place of contested elections, there is now outright election denialism. In addition to racially motivated violence, there's growing extremist violence aimed at the institution of voting itself. In place of partisan campaign rhetoric, we're experiencing the spread of hate speech based on race, ethnicity, gender, or simply opposition to democracy itself. Instead of support for the outlawing of post-election violence, we now live with references to the imprisoned offenders of January 6, 2021, as "hostages." And just because this country has survived challenging times in the past doesn't mean it will do so again, particularly as pressure against democratic norms ramps up globally.
Many would blame such election instability on Donald Trump alone and there's no question that he does have a profound knack for manipulating public discourse and threatening to upend election laws, not to speak of the rules, norms, and processes that underlie election legitimacy. However significant, though, he's not the only factor that warrants attention in this election year.
The largest threats to our elections now come not from weaponized technology, or a tone-deaf Congress or Supreme Court, or even perhaps from Donald Trump himself (though dangerous he may be). The biggest challenge may lie in the absence of any long-term focus on the need for fundamental structural changes in how our elections are run. For centuries, we as a nation have made incremental changes in response to moments of election-related crisis. But far more is needed if we are to escape a future in which questions about whether the electoral process itself is legitimate and whether the results will be accepted become part of every election season.
Our democratic system seems increasingly frail. To face the future with confidence in the most elemental building block of our democracy, we need a longer-term perspective. The elimination of the Electoral College, greater accountability for violence in and around elections, tools for curbing disinformation and improving election administration, a vast increase in funding for public education about polling sites and candidate platforms, strict accountability for attempted voter suppression, and heightened efforts to secure voting rights for all are badly needed. In other words, rather than facing a continual nip and tuck of problems as they appear, what we really need is a commission that will offer a full-scale rethinking of election security in the twenty-first century, while focusing on getting Congress to move toward developing a comprehensive new strategy to deal with it. Even if we get through the 2024 election cycle intact and violence-free, the task of election reform remains both essential and, sadly, all too ignored.
Perhaps, however, there could be a silver lining in our unnerving moment if our ongoing election troubles lead us to conclude that the time for keeping our fingers crossed should end and the time for wholesale reform begin.
Copyright 2024 Julian E. Zelizer and Karen J. Greenberg
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