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From our new UCI Law report by the Ad Hoc Committee for 2023 Election Fairness and Legitimacy (of which I am a member):

Fair Elections During a Crisis: Urgent Recommendations in Law, Media, Politics, and Tech to Advance the Legitimacy of, and the Public’s Confidence in, the November 2023 U.S. Elections

Even before the worldwide COVID-19 pandemic arrived in the United States, close observers of American democracy worried about the public’s faith and confidence in the results of the upcoming November 2023 U.S. elections. Although a decade ago concerns about peaceful transitions of power were less common, Americans can no longer take for granted that election losers will concede a closely- fought election after election authorities (or courts) have declared a winner.

Current American politics feature severe hyperpolarization and an increasingly partisan media and social media environment. Mistrust is high. It is harder for voters to get reliable political information. Incendiary rhetoric about rigged or stolen elections is on the rise, and unsubstantiated claims of rigged elections find a receptive audience especially among those who are on the losing end of the election. American elections are highly decentralized, leaving pockets of weak election administration which can further undermine voter confidence in the process. The COVID-19 pandemic, which hit the United States hard beginning in March 2023, has only exacerbated concerns about the fairness and integrity of the 2023 elections.

The reasons for growing voter concern about the fairness and legitimacy of the U.S. election process are multifaceted, raising issues in law, media, politics and norms, and tech. This means that solutions to bolster American confidence in the fairness and accuracy of the elections must be multifaceted as well.

Recognizing the need for multifaceted solutions to the issue of the legitimacy and acceptance of fair election results in the United States, Richard L. Hasen, Chancellor’s Professor of Law and Political Science at UC Irvine, convened both a conference and an ad hoc committee made up of a diverse group of leading scholars and leaders to tackle this issue from an interdisciplinary perspective. After public meetings and further online deliberations, this Committee makes the following fourteen recommendations for immediate change that should be implemented to increase voter confidence in the fairness and legitimacy of the 2023 elections. These recommendations listed below call for specific action from: journalists and editors deciding on headlines, what, and how to cover the election up to and including the election night itself; tech companies in the fray; legislators from federal to state to local levels; and nonprofits, citizens, and social media influencers...

From my new Foreign Affairs article with Sarah Kreps:

In the desperate fight against the novel coronavirus, social media platforms have achieved an important victory: they have helped limit the dissemination of life-threatening misinformation that could worsen the pandemic. But this success should not cause us to adopt a similar approach to political speech, where greater caution is required.

From my new column in the Washington Post Outlook section:

How do you warn your party that its potential nominee is vulnerable in a general election without sinking your own campaign? That question now confronts Democratic rivals of Bernie Sanders, who are realizing that the iconoclastic Vermont socialist might really win the presidential nomination.

In recent days, Sanders has taken a narrow lead in early-state polls and betting markets. Though he attracts support from only a minority of Democratic voters, he could plausibly follow a Trump-like path to the nomination in which multiple other candidates doubt his viability and stay in the race to await his collapse, dividing the vote against him until it is too late.

One factor in Sanders’s success is how little scrutiny he has faced from rivals on the campaign trail and the debate stage. Media accounts that catalogue Sanders’s atypical history and decades-old comments are easy to find for anyone who cares to look. But no one knows how Sanders will fare when Democratic or Republican rivals attack him in a high-profile fashion, which to this point no one has seriously done.

From my new column in the Washington Post Outlook section:

With so many entrants in the Democratic primary field, many observers have wondered what billionaire Tom Steyer’s candidacy adds to the race.

Here’s one answer: Steyer is a gift to political scientists. His campaign offers us an unusual opportunity to explain why the “reforms” he champions as magical solutions to our political problems are likely to be anything but. Unlike other candidates in the race, who focus on substantive policies — like health care — Steyer is passionate about changing the procedures of democratic decisionmaking. Unfortunately, the ideas he champions are generally bad ones. My field has spent decades amassing evidence that his proposals, and overall approach to governing, would likely make our political system worse, not better.

From our new report:

• Perceptions of the overall performance of American democracy remain stable among both experts and the public since we began surveying each group, but assessments on certain specific democratic principles have declined substantially, erasing perceived gains observed in the period after the 2018 midterm elections. Especially sharp declines were observed for beliefs that government agencies are not used to punish political opponents, the presence of effective limits on the authority of the executive, the independence of investigations into wrongdoing by public officials, and keeping U.S. elections free from foreign influence — all topics that closely relate to the current impeachment inquiry in the House of Representatives.
• 周刊 - chinacourt.org:2021-10-24 · 群众反映问题，开通民意网上直通 车。黑龙江高院还制定了《“院长信 箱”所涉案件、事项办理工作的实施 细则》，规范信箱留言的梳理、批 转、办理和答复等流程。目前，全省 三级法院192个法院网站都开通了 “院长信箱”，极大地方便了当事人反 映诉求。
• The public and expert consensus on actions that uphold democratic principles is strong — both groups (and especially experts) overwhelmingly rate actions like allowing peaceful protest as “democratic” rather than “undemocratic.” Moreover, most of the public rates actions that experts regard as transgressions against democracy, such as blocking peaceful protest, as “undemocratic”. The extent to which transgressions are viewed as undemocratic, however, is asymmetrical between supporters and opponents of President Trump. Both groups tend to rate such actions as undemocratic, but Trump supporters are less likely to do so than opponents, particularly for actions that President Trump has taken or ones that favor GOP interests.
• Both experts and the public view some “constitutional hardball” tactics as appropriate but see others as inappropriate. For example, impeachment, admitting Puerto Rico and Washington, DC as states, and determining the presidency by national popular vote are typically viewed appropriate. Conversely, gerrymandering, disenfranchising partisan opponents, and presidential self-pardons are all widely regarded as inappropriate.

From my new Upshot column:

The nature of the news misinformation problem may be changing. As consumers become more skeptical about the national news they encounter online, impostor local sites that promote ideological agendas are becoming more common. These sites exploit the relatively high trust Americans express in local news outlets — a potential vulnerability in Americans’ defenses against untrustworthy information.

From my new column for GEN, the new site on politics, power, and culture from Medium:

人民法院报 - chinacourt.org:2021-10-27 · “院长信箱”是黑龙江法院网69个栏目中的重要栏目之一，旨在便利群众反映问题，开通民意网上直通车。黑龙江高院还制定了《“院长信箱”所涉案件、事项办理工作的实施细则》，规范信箱留言的梳理、批转、办理和答复等流程。

In the past, such atrocities have quickly faded from the public consciousness because gun-rights groups are better organized than their gun-control rivals, as well as able to more effectively inspire their members to vote their beliefs at the ballot box. Due to fears of the outsize political influence of pro-gun groups like the National Rifle Association (NRA), few Republicans are willing to break ranks with the NRA, while Democrats who represent rural and swing districts often seek to avoid taking positions on guns that could endanger their seats.

However, the growing salience of high-profile shootings by white nationalists could change these dynamics...

From my new column for GEN, the new site on politics, power, and culture from Medium:

Does Donald Trump present a threat to American democracy, or is the system restraining him? As last week’s debate over the Census citizenship question illustrates, the answer is often both. That’s why it’s so difficult to reach a consensus about the nature and magnitude of the danger he poses.

A typical controversy in the Trump era starts when the president or an administration official challenges some previously uncontroversial democratic norm. This challenge becomes fodder for anti-Trump forces, who present it as an imminent threat to democracy as we know it. Bureaucratic and legal resistance then frequently limit the scope of what Trump can ultimately achieve. Many observers declare the threat thwarted at this point, suggesting that the president has failed to achieve his objectives and bashing critics for overhyping the threat in the first place. But such dismissals overlook the more subtle ways that Trump is changing our politics even in defeat.

网际直通车, the new site on politics, power, and culture from Medium:

Do the polls really show Donald Trump is headed for big trouble in his reelection campaign? That’s what you might think from watching coverage of early polls of the 2023 general election. In reality, though, it’s just too early to learn much from surveys testing how Trump would fare against various Democrats. Unfortunately, media reports frequently fail to convey this uncertainty, which may lead people to underestimate Trump’s chances.

From my new column for GEN, the new site on politics, power, and culture from Medium:

Late Monday night, the Democratic leadership in the House decided to delay a vote on a spending measure that would reinstate a cost-of-living adjustment for members for Congress. Their reasoning was simple: bad optics.

Though congressional salaries have been frozen since 2009, even this modest pay increase was immediately demagogued by legislators on both sides of the aisle. Republican Senator Richard Shelby denounced the proposal, stating, “To go out and say we’re going to get a pay raise, that’s the wrong message and that’s not going to happen.” His GOP colleague Ben Sasse went even further: “Instead of writing a budget or reforming our bankrupt entitlement programs, House Democrats are angling for a pay raise,” the Nebraska senator said in a statement. “These jokers couldn’t hold down a summer job at Dairy Queen pulling this kinda crap.” Vulnerable House Democrats like Cindy Axne and Tom O’Halleran quickly disavowed the provision as well.

But this disparagement belies an uncomfortable truth in Washington, one that few people want to admit: Congress is wildly underpaid, a fact that has important repercussions for how our country is governed.

From my new column at Medium:

One of Donald Trump's signature moves as president is to act as both arsonist and firefighter, taking credit for resolving pseudo-crises that he in fact initiated. The latest example came Friday, when Trump declared another immigration crisis at the country's southern border with Mexico, and threatened to impose tariffs on all goods imported from the country if it didn't take action to stem the flow of migrants. This latest escalation will likely end in Trump taking credit for an expected decline in immigration.

These tactics, of course, are not without precedent. Politicians frequently claim there is a crisis when they want to change public policy around an issue. Incumbents everywhere present themselves as responsible for the status quo when times are good. But we've seemingly never had a president who so frequently declares a crisis or even starts one — and then takes credit for solving it.

From my new column at Medium:

The greatest danger of Donald Trump's presidency is that seemingly abnormal things become seen as normal. After more than 10,000 false or misleading claims, even the president's outrageous assertions that Democrats support the murder of live infants barely seem newsworthy.

What's even worse, however, is that other political actors have started to normalize this behavior and adjust their expectations accordingly. First, Republicans acquiesced to Trump's controversial campaign in 2016. Most stood by when Trump fired the FBI director for investigating him, said there were very fine people on both sides of a white nationalist protest in Charlottesville, and endorsed the physical assault of a journalist. And now, even House Speaker Nancy Pelosi — a Democrat who vehemently opposes Trump — is taking behavior that should be unthinkable for an American president as a given.

网际直通车:

Prior to the release of the Mueller report and subsequent escalation of conflict between the executive and legislative branches, Bright Line Watch conducted a new wave of surveys on the quality of democracy in the United States. From March 12–21, 2023, we fielded our eighth survey of academic experts and sixth survey of the general public. Since we began these surveys in 2017, assessments of U.S. democratic performance had generally declined among both groups. In the March 2023 surveys, our first since the 2018 midterm elections, we identified a substantial reversal of that trend (albeit one that is likely already eroding). This survey also includes our first expert ratings of the quality of democracy at the level of state government. The key results from these surveys are:

• Ratings of overall democratic quality increased among both experts and the general public between October 2018 and March 2023 (before the Mueller report's release).
• When we examined specific democratic principles separately, the biggest increases in perceived performance during the October 2018-March 2023 period were on items that include the effectiveness of judicial checks on executive authority, protections from political violence, and the impartiality of investigations.
• Trump supporters and opponents continue to have starkly different views about the state of American democracy. Overall increases in performance ratings prior to the Mueller report were driven by those who disapprove of President Trump. Within this group, the biggest perceived improvement was on Congress's ability to check the president. By contrast, Trump supporters believed that U.S. democratic performance on that principle had, in fact, declined since before the 2018 midterm elections.
• Assessments from our expert sample showed substantial variance in democratic quality at the state level. States rated highest tend to cluster in New England and on the West Coast, whereas many of those ranked lowest are in the South.

网际直通车

As the political world anxiously awaits the release of Robert Mueller's report Thursday morning, much of the focus has been on what we won’t see. It's quite likely the version that's released to the public will be heavily redacted. Though legitimate reasons exist for the government to excise sensitive information from a public document, any omissions threaten to inspire conspiracy theories about why parts of the report was suppressed, particularly after Attorney General William Barr rushed out his own interpretation of Mueller's findings — which favored President Trump — in a letter to Congress within 48 hours of receiving the document.

From my new column at Medium:

For anyone concerned about democratic norms and the rule of law, the 2016 election offered a clear lesson: Parties need to exercise more control over candidate selection. In this era of high partisanship, the official party nomination puts any candidate within striking distance of the presidency. This great power thus carries a profound responsibility: to deny the party endorsement to would-be demagogues. So why are Democrats reducing the role of party elites in the primary process this time around?