Brennan Center

The Brennan Center for Justice at New York University School of Law is a liberal nonprofit law and public policy institute.

The President’s Executive Order on Elections, Explained

President Donald Trump issued an executive order on March 25 that aims to illegally overhaul and take control of major parts of the nation’s election systems. He claimed extraordinary unilateral authority to regulate federal elections and usurp the powers of Congress, the states and an independent bipartisan federal agency. This violates the Constitution and various federal laws. If implemented, the order could disenfranchise millions of American citizens, compromise the security of sensitive personal data, and disrupt election administration across the country.

What would the executive order on elections do? Is the executive order legal? Is this executive order the same as the SAVE Act?

In North Carolina, an Attempt to Overturn a State Supreme Court Election

The losing candidate for a seat on the high court is trying to have more than 60,000 valid votes thrown out.

In a dispute that is attracting national attention, Judge Jefferson Griffin, a Republican candidate for the North Carolina Supreme Court and judge on the state intermediate court, is seeking to invalidate more than 60,000 votes and overturn the electoral win of his opponent, Justice Allison Riggs.

The dispute stems from November’s state supreme court election, which Griffin lost by just 734 votes. The crux of Griffin’s argument is a claim that the state board of elections has been breaking state election law for decades by following an incorrect process for registering voters, including failing to require voters to provide a driver’s license or social security information and wrongfully allowing certain overseas and absentee ballots to be submitted without photo identification.

Trump Pardoning Jan. 6 Insurrectionists Would Endorse Attacks on Democracy

Rewarding people who tried to ignite an insurrection turns the pardon power on its head.

Trump’s pardons are not about people and their communities—they are about personal loyalty to him. Trump summoned these individuals to the Capitol to support him and now he will pardon them to complete that transaction. Trump will use the pardon power to make it clear that violence and violation of the law can be forgiven in service to himself.

Our Elections Are Not Fragile

Citizens can vote in 2024 with confidence. Despite the noise and lies and melodrama, voting will likely be uneventful for the vast majority of Americans.

But even as we grow more confident about Election Day, it is increasingly clear that partisans plan to disrupt the counting and undermine trust after the votes are cast.

State ERAs Can Protect Reproductive Rights Post-Dobbs

Pennsylvania’s highest court held in January that the state’s statutory ban on Medicaid coverage for abortion is sex discrimination under the state’s Equal Rights Amendment—the first time a state supreme court has ruled on how state ERAs impact reproductive rights since Dobbs v. Jackson Women’s Health Organization dismantled the federal constitutional right to abortion.

This decision proves that reproductive rights have a future post-Dobbs—one firmly rooted in state-level ERAs and their untapped potential to protect and advance reproductive rights.

(This essay is part of “The ERA Is Essential to Democracy” Women & Democracy collection.)

Political Abuse Stifles Diversity, Report Shows

In 2022, voters elected the most diverse Congress in history—but that’s not saying much. Congress remains overwhelmingly male and white: Legislators of color make up just 25 percent of the government body, while the overall U.S. electorate is 41 percent people of color. That gap is as wide as it was 40 years ago.

One barrier to fair representation is abuse and intimidation—according to a new report from the Brennan Center. Officeholders at all levels of government face this abuse, but the amount of abuse is disproportionately high for women and people of color. ; It’s interfering with their ability to govern effectively—and it’s making them think twice about staying in politics.

Texas’ Voter Suppression Law Is on Trial

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Civil rights groups and voting organizations are in federal court challenging a Texas law that makes it harder to vote, especially for people of color and those with disabilities. Over the course of the trial, which goes until late October, counsel will show how Senate Bill 1 violates the Constitution, the Voting Rights Act and the Americans with Disabilities Act. 

While SB 1 is one of many anti-democracy laws enacted by 19 states in the year after the 2020 election, it stands out for its sheer number of restrictive and discriminatory provisions, which largely target Latino and Black voters. This is likely the only challenge to such an extensive restrictive voting law that will go to trial between now and the 2024 election. 

Threats to Elections Didn’t End on January 6

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For the first time, a former president is facing criminal charges for a wide-ranging conspiracy to thwart American democracy. In painstaking detail, the indictment recounts Trump’s scheme “to overturn the legitimate results of the 2020 presidential election by using knowingly false claims of election fraud.” Regardless of how the case proceeds, one thing is already clear: the attacks on our democracy did not end on January 6, 2021.

Alabama Defies the Voting Rights Act

Black voters in Alabama won a major victory at the U.S. Supreme Court in June, after the Court ruled that Republican lawmakers violated the Voting Rights Act when they redrew the state’s congressional map after the 2020 census and failed to create a second Black district. If you stopped watching there, you might be forgiven for thinking that Alabama, thoroughly chastened, would have quickly gone about redrawing its congressional map to add a second district “in which Black voters either comprise a voting-age majority or something quite close to it.” But no.

With control of the U.S. House on the line in 2024, Republicans are fighting for every last gerrymandered seat.

How AI Puts Elections at Risk—And the Needed Safeguards

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Next year will bring the first national campaign season in which widely accessible AI tools allow users to synthesize audio in anyone’s voice, generate photo-realistic images of anybody doing nearly anything, and power social media bot accounts with near human-level conversational abilities—and do so on a vast scale and with a reduced or negligible investment of money and time.

Voters need some level of transparency to promote safe AI use when it comes to elections.