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In his wake, Trump leaves vulnerabilities of democracy exposed

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Julio Cortez/AP
Supporters of President Donald Trump gather outside the Wyndham Hotel where the Pennsylvania Senate Majority Policy Committee is scheduled to meet, Nov. 25, 2020, in Gettysburg, Pennsylvania.

President Donald Trump鈥檚 attempts to subvert an election he falsely claims to have won appear to be falling apart. The United States has likely avoided the sort of post-vote struggle for power that characterizes countries with less stable, shallowly rooted democracies.

But the extraordinary actions of the last three weeks could leave lasting marks on U.S. governance. Mr. Trump has identified many cracks and holes in America鈥檚 unwieldy, decentralized electoral system 鈥 and tested them to see what, if anything, might give.

The result has laid out a path for how others could push further in the future. The way the nation chooses its leader depends at many points on norms and traditions, as well as the goodwill of election workers and local and state officials. Recent weeks have highlighted how a candidate could conceivably manipulate or improperly influence events and key people 鈥 particularly if the candidate begins sowing doubts before the ballot, as Mr. Trump tried to do by attacking mail-in voting.

Why We Wrote This

The presidential transition is officially underway, but President Trump鈥檚 attempts to discredit the election pointed to cracks in the system that need strengthening.

鈥淓lections are the ways we resolve political differences peacefully, and he tried very hard to set up a false choice: one in which either he won or the system was broken,鈥 says , director of the Brennan Center for Justice鈥檚 Voting Rights and Elections Program. 鈥淭hat really undermines the American system ... in which people choose their elected leaders 鈥 not the other way around.鈥

Trump鈥檚 four-pronged approach

Mr. Trump has refused to concede to President-elect Joe Biden and continues to insist that he has a path to reelection. On Wednesday 鈥2020 is a long way from over!鈥

Many Republicans back the president鈥檚 resistance. A recent 聽found that 84% of self-identified members of the GOP believe that Mr. Biden did not legitimately win the election.

But this week marked a turning point in the official transition of power, as the General Services Administration announced Monday that it would begin coordinating with the incoming Biden administration team. Mr. Biden is now receiving the classified President鈥檚 Daily Brief of sensitive intelligence information.

States with a total of 270 Electoral College votes 鈥 the margin needed for victory 鈥 have now certified a Biden victory.

Mr. Trump鈥檚 post-vote strategy to prevent the nation from reaching this point consisted of four things:

  • Direct appeals to the nation that he was the 2020 winner, which began with a White House appearance in the wee hours after the polls closed and continued on Twitter.
  • Court cases meant to stop vote counts or throw out duly cast ballots.
  • Lobbying state and county officials to delay the certification of vote totals.
  • Lobbying state legislators to ignore vote totals and seat pro-Trump electors.

Of these, the court cases have been the weakest link by far. While Trump lawyers and surrogates and right-leaning media have publicized what they claim to be evidence of voter fraud, those cases have largely dissolved upon close attention or constitute too few votes to make any difference. Judges have tossed virtually all the cases filed by the Trump legal team.

鈥淩epublican-appointed judges, Democratic-appointed judges, state and federal judges 鈥 they鈥檝e all done their job and they鈥檙e acting as guardrails,鈥 says , a professor at Loyola Law School and host of the 鈥淧assing Judgment鈥 podcast.

Yet the court cases have still had an effect. They have meshed with the president鈥檚 communications strategy to portray the 2020 election as 鈥渟tolen.鈥澛

鈥淭he lawsuits themselves aren鈥檛 posing a legal obstacle. The dangerous thing is that there鈥檚 probably at least 40 to 50 million Americans who are buying falsehoods, lies, discredited conspiracy theories,鈥 says Professor Levinson.

The president also broke norms by trying to interfere with the election process in some key states. He brought Michigan state Republican leaders to the White House while some of his surrogates on television were suggesting that those Republicans seat pro-Trump electors in the state, overruling Mr. Biden鈥檚 Michigan win. Mr. Trump and his allies also attacked Georgia Secretary of State Brad Raffensperger prior to the state鈥檚 vote certification 鈥 despite the fact that聽.

These precedents might encourage future losers, particularly in close elections, to decline to concede, file multiple lawsuits, push to overturn state results, and delegitimize the seating of their opponent, all in a hardball attempt to gain power.

鈥淭he goal was to undermine not only the election outcome, but our democratic processes,鈥 says Ms. P茅rez.

Strengthening trust in elections

One way to counter this might be more nationwide voting standards and procedures. That could reassure voters that their election systems reflect broad best practices.聽

Easier registration, with standardized voter databases, would keep voters from being purged from rolls and help allay notional worries about fraud, , a University of North Carolina social scientist, in The New York Times.

Standardized and more common sharing of voter information between states could have the same effect. Required audits after elections 鈥 such as Georgia now has 鈥 could check for irregularities without the drama involved in asking for recounts or suing states to act.

Voting officials 鈥 the unsung heroes of this election cycle 鈥 need more resources to do their jobs, adds Ms. P茅rez of the Brennan Center. Improved civics education could fill in the gaps in voters鈥 knowledge, so they have a better idea of when fraud claims are implausible.

Finally, citizens themselves need to stand for democracy.

鈥淰oters need to tell our politicians in one very clear voice that we want free, fair, and accessible elections,鈥 says Ms. P茅rez. 鈥淲e even want people who may not agree with us to have a free, fair, and accessible vote.鈥澛

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