Partisans Cheating By Ignoring Election Law Is A Problem As Big As Vote Fraud

Fraud and violations of the election code are two distinct problems, yet there has been little analysis of the latter, which might be more significant.

By Margot Cleveland | NOVEMBER 13, 2020

Fraud represents only one aspect of concern over the results from last week’s election. Of equal import when judging the legitimacy of the next president of the United States is whether states complied with the election rules established by their legislatures. These are not questions of mere “technical errors,” but raise significant constitutional concerns.

On Wednesday, Jim Geraghty of National Review tweeted his “Morning Jolt” summary of post-election lawsuits. “The Trump campaign,” Geraghty stressed, “conceded in oral arguments they were not contending fraud or improper influence, merely technical errors,” he wrote of a recent election case. Geraghty’s article, linked in his tweet, continued: “It is one thing to fume on Twitter that there is a sinister effort to steal an election; it is another thing to assert that sweeping claim in a court of law, before a judge, under penalty of perjury and/or disbarment.”

The majority in Bush v. Gore recognized the rightful place of election officials to interpret and apply the rules established by the legislative branch. This difference provides some leeway to states, which through interpretative guidance tweak the technicalities of the election code. But as in other areas of the law, such interpretations must be reasonable and must not violate the clearly expressed intent of the legislature.

The Supreme Court will likely decide where that line will be drawn in the coming days.

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