There is a Hidden Epidemic of Uncounted Ballots in American Elections

iStock.com/Svanblar

There is a saying among recount lawyers that “every ballot tells a story.” While most voting rights lawyers focus first on voter registration and the voting process, recount lawyers begin their work by looking at the ballots rejected by the vote counting process and try to unravel the stories behind them.

When you approach the voting process in this way — by first looking at what votes are left uncounted — a very different picture emerges of how voters are disenfranchised. Put simply, we have an epidemic of uncounted…


The Voting Rights Act is the most important piece of civil rights legislation that our country has ever enacted. For a long time, it had the at least outward support of Republicans and Democrats alike. But with a vote last week, Republican members of Congress have finally given up the pretense of supporting removing race-based obstacles to voting. This may seem unsurprising to many today, but even 15 years ago, the almost universal public renunciation of the Voting Rights Act by Republicans was unthinkable. And, as we head into 2020 it means that voting rights are on the ballot.

First…


For many of us, the retirement of Justice Kennedy marks only the latest in what seems like an endless series of punches to the gut. Though Kennedy was hardly a reliable vote for the “correct” outcome, he made a difference in many cases. In 1992, when many of us feared that the Court would overturn Roe v. Wade, he (and Justice O’Connor) found a way to keep the worst from happening. The outcome of that case was not a victory I celebrated, but it prevented something I feared.

In many respects that will be Justice Kennedy’s legacy. More often than…


Since January 20, 2017, New Hampshire and the country at large have seen the beginning of a full-out assault on our most fundamental right: the right to vote. In more than 33 states, lawmakers have proposed at least 90 pieces of legislation aimed at restricting access to the ballot box for millions of Americans.

At the same time, the Trump Administration’s Presidential Commission on Election Integrity, which is meeting today in Manchester, has doubled down on these efforts to make it harder for citizens to exercise their right to vote. Over the last eight months, Trump and his fraudulent commission…


This time it’s aimed at the right to vote

Gage Skidmore

Before his executive order aimed at keeping US Green Card holders and refugees out of the country based on their religion, much of President Trump’s time since being sworn-in has been spent fixated on his popular vote loss to Hillary Clinton. In an early morning tweet last month, Trump called for a “major investigation” into voter fraud, claiming that “millions” of illegal votes were cast in the 2016 General Election. In an interview with FoxNews’ Bill O’Reilly later that week, he confirmed that Vice-President Pence will lead a commission to investigate Trump’s fabricated voter registration concerns. As Trump’s own attorneys…


Two weeks ago I published a Medium post outlining how the Clinton campaign would respond to Jill Stein’s plan to seek recounts in three states — Wisconsin, Michigan and Pennsylvania.

I explained that we had not planned on seeking recounts because we had not uncovered actionable evidence of hacking or tampering with voting systems, equipment or results. However, I made clear that we would participate in any recount initiated by others to ensure the process proceeded in a manner that was fair to all sides. …


Over the last few days, officials in the Clinton campaign have received hundreds of messages, emails, and calls urging us to do something, anything, to investigate claims that the election results were hacked and altered in a way to disadvantage Secretary Clinton. The concerns have arisen, in particular, with respect to Michigan, Wisconsin and Pennsylvania — three states that together proved decisive in this presidential election and where the combined margin of victory for Donald Trump was merely 107,000 votes.

It should go without saying that we take these concerns extremely seriously. We certainly understand the heartbreak felt by so…

Marc Erik Elias

Lawyer fighting to elect Democrats and protect voting rights. My dog's name is Bode.

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