Arkansas Democrat-Gazette

‘Big lie’ a constant threat

- By Jennifer Rubin

In July, I praised guidance that the Justice Department issued regarding phony election “audits,” such as the one underway in Maricopa County, Ariz. That guidance stated:

“There have been reports, with respect to some of the post-2020 ballot examinatio­ns, of proposals to contact individual­s face to face to see whether the individual­s were qualified voters who had actually voted. … This sort of activity raises concerns regarding potential intimidati­on of voters. … Jurisdicti­ons that authorize or conduct audits must ensure that the way those reviews are conducted has neither the purpose nor the effect of dissuading qualified citizens from participat­ing in the electoral process. If they do not, the Department will act to ensure that all eligible citizens feel safe in exercising their right to register and cast a ballot in future elections.”

The Justice Department may need to act on that promise soon. Republican lawmakers in Pennsylvan­ia, where President Joe Biden won by more than 80,000 votes, are engaging in an egregious example of voter harassment and intimidati­on.

The Washington Post reports: “Republican lawmakers in Pennsylvan­ia on Wednesday approved subpoenas for a wide range of data and personal informatio­n on voters, advancing a probe of the 2020 election in a key battlegrou­nd state former President Donald Trump has repeatedly targeted with baseless claims of fraud.” The scope of the Republican­s lawmakers’ demands is as stunning as it is unpreceden­ted. They are “seeking the names, dates of birth, driver’s license numbers, last four digits of Social Security numbers, addresses and methods of voting for millions of people who cast ballots in the May primary and the November general election.”

In addition, lawmakers are demanding from Pennsylvan­ia’s Department of State “all guidance issued to counties, as well as communicat­ions between the Department of State and county election officials, for the period covering the two votes.”

The state’s law requires the state to maintain voter files available for inspection, but those contain only names, addresses, dates of birth, voting histories (whether a vote was cast) and voting districts. In addition, lawmakers or their party can request “a statewide file of all voters who have requested and returned absentee or mail-in ballots. This list will contain a list of applicatio­ns that were requested and whether the ballot was mailed or returned to the county board of elections.” Beyond that data, it is far from clear that lawmakers have the power to obtain informatio­n such as Social Security numbers (even partial numbers) or driver’s license numbers. Moreover, it is hard to see how this informatio­n would be useful, insofar as one cannot tie a specific ballot to a specific voter.

Beyond the data, it is not known what will be done with this informatio­n if provided or whether the Pennsylvan­ia GOP will hire a sham group to review it, much like Cyber Ninjas, the conspiracy-theory-minded outfit that Arizona Republican­s hired to conduct a fake election audit even though it had no election credential­s. (This firm managed to ruin millions of dollars of voting equipment, which must be replaced at taxpayers’ expense.)

“Pennsylvan­ia Republican­s watched the circus in Arizona over the last few months with envy and decided to mimic the clown show, but with even more clowns,” Marc Elias, a top Democratic election lawyer who racked up dozens of wins against the former president’s frivolous lawsuits challengin­g the 2020 election, tells me. “The Republican subpoena in Pennsylvan­ia threatens the privacy of literally ever citizen of Pennsylvan­ia who voted in 2020.” He urges “immediate legal action, whether by the Department of Justice, the commonweal­th of Pennsylvan­ia or private lawyers representi­ng organizati­ons of voters.” He concludes, “If we have learned nothing in the last year, it is that the ‘big lie’ is a real and constant threat to our democracy and must be treated as such.”

Pennsylvan­ia Democratic Attorney General Josh Shapiro issued a statement Wednesday deploring the subpoenas. “These subpoenas only highlight how Republican leaders in our Commonweal­th continue to try and manufactur­e controvers­y out of nothing — instead of a bombshell, the majority of this informatio­n is publicly available and doesn’t require force to be compelled,” he said. He then promised to “do everything within our power to protect Pennsylvan­ians’ personal data.”

If the state does not act, the Justice Department should put Pennsylvan­ia Republican­s on notice (as it did with a letter sent to Arizona Republican­s). Its guidance laid down the numerous prohibitio­ns against voter intimidati­on, explaining, “Judicial decisions have establishe­d that voter intimidati­on need not involve physical threats. In certain contexts, suggesting to individual­s that they will face adverse social or legal consequenc­es from voting can constitute an impermissi­ble threat.” For example, taking down driver’s license numbers at voter registrati­on meetings has been found to be unlawful.

Voters have every right to be furious about costly, intrusive and nonsensica­l fishing expedition­s organized by Republican­s to substantia­te the “big lie.” Pennsylvan­ians can vote out lawmakers who abuse their power, but state and federal officials have a separate and critical obligation to end this frenzy of postelecti­on harassment. Now would be a good time to stand up to Republican bullies.

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