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Will the election be contested? If so, here’s how to do it
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Will the election be contested? If so, here’s how to do it

Photo: Anna Moneymaker/Getty Images

To anyone who wants to run for office in 2024: go for it. But please take a lesson from (very) recent history. If you exceed the limits, there will be consequences. Here’s a handy list of some things you might consider that are sure to land you in different depths of shit.

First, check your state’s rules and, if allowed, ask an official tell. Most states (not all) allow some form of recount, either automatic or upon request, usually based on vote margin. You may also have the legal right to request a post-election election. audit (emphasis is on job-election), but remember that this is a mechanical process and not an inquisition for suspended digital chads. If you have already filed a difficult trial absentee ballots or vote tabulation, so good luck to you. But to manage expectations, keep in mind the broad legal principle that courts should not change the method of voting shortly before an election. So for the sake of your lawsuit, I hope you filed it a long time ago.

I guess no one is seriously considering storming anything. If you need a refresher on this, here’s a databasecreated by the United States Department of Justice, to track more than 1,200 federal criminal prosecutions against people who attacked the Capitol on January 6, 2021. Click here for some specific reminders: You could get 35 to 43 months, as Charles Donohoe of Kernersville, North Carolina, or 57 months, as Ryan Swoope of Perry, Ohio. And for those who plan to incite the crowd, or sow chaos to create delay and confusion, even at a safe physical distance – it is strongly recommended to let this pass.

Do you want to seek relief in court rather than at the end of a sharpened flagpole? Okay, but let’s be responsible. As we discussed from the start, request a recount, if your state law allows it. But let’s avoid making up facts, inventing conspiracy theories, and filing blatantly false court documents. This will get you indicted, continuedOr disbarred – maybe even all three, if you aspire to become the next Rudy Giuliani.

Related: If Someone Approaches and Asks You to Register to Voter for the Candidate other than the one your state actually voted forIt’s a wake-up call. I politely recommend that you decline. A few dozen people tried this last time, and now many of them are criminal defendants. Here’s another one handy databasecompiled by Citizens for Responsibility and Ethics in Washington, which tracks these cases. (Any time it’s in database form, consider that a warning.)

Another sure way to avoid ending up at the defendant’s table in criminal court: operate voting machineseither digitally or with a hammer and screwdriver. Yes, some states allow post-election elections checksbut the problem is that there is no DIY option on the menu. Leave it to the actual election officials.

This next part is certainly aimed at a niche audience. If you are a renowned constitutional scholar, or sometimes claim to be, be careful with bad faith legal justifications for coup attempts. I am all for creativity and aggressiveness in legal proceedings. But when you know your argument is doomed to failure and you’re making it to contribute to a broader effort to throw the electoral system into chaos, you do so at your own risk. You could find yourself listed as a co-conspirator in a federal case (not great for former professional reputation) or even facing the state level charge.

Finally, let’s look at what we say. Yes, it’s an election, and yes, political speech is entitled to the broadest protection of the First Amendment. But if we intentionally lie about people, they could sue for defamation. If you feel like promoting false theories about widespread voter fraud, I hope you have. $787 million or almost in reserve. Or if you prefer to simply fabricate and spread vile lies about completely innocent election workers, $150 million or so should do the trick.

Don’t let me ruin the mood. The election is fast approaching and it is a wonderful time to express and exercise the full range of constitutional rights. Vote, speak out, knock on doors, post on social media, watch the shaking probability needle on those data analysis sites, give money to your favorite candidate, take someone to the polling station ( totally legal, btw), argue with family members via text, call into a radio show, put up a sign on the lawn, watch the feedback, scream and scream in joy or frustration. It’s a dramatic time. This is how our system works. Lean into it.

But let’s also learn a lesson from recent years. It’s not The purgea special day where no laws apply. The boundaries are pretty well defined now, given everything we’ve been through over the last four years, and they’re pretty far in the extremes. So let’s respect these limits, protect ourselves and practice a little democracy.

This article will also appear in the free version COFFEE Brief bulletin. You can find more analysis on law and policy from Elie Honig, Preet Bharara, Joyce Vance and other CAFE contributors at café.com.

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