Elections require forbearance. For elections to be democratic, all adult citizens must be equally able to cast a ballot and have that vote count. Using the letter of the law to violate the spirit of this principle is strikingly easy. Election officials can legally throw out large numbers of ballots on the basis of the most minor technicalities (e.g., the oval on the ballot is not entirely penciled in, or the mail-in ballot form contains a typo or spelling mistake). Large-scale ballot disqualification accords with the letter of the law, but it is inherently antidemocratic, for it denies suffrage to many voters. Crucially, if hardball criteria are applied unevenly, such that many ballots are disqualified in one party’s stronghold but not in other areas, they can turn an election.
Republican officials across the country are laying the legal infrastructure to do just that. Since January, according to
Protect Democracy, Law Forward, and the States United Democracy Center, Republicans have introduced 216 bills (in 41 states) aimed at facilitating hardball electoral tactics. As of June, 24 of these bills had passed, including in the battleground states of Arizona, Florida, Georgia, and Texas.