Cornell W. Clayton and Michael Ritter: The way to combat election fraud is with facts, not fabrications

Democracy requires listening to people with whom we disagree and engaging in respectful debate.

So, why object to Sue Lani Madsen’s call to listen to those who believe our elections are riddled with voter fraud (“Resolved: Voter fraud is a major problem in U.S. elections,” March 11)? Doubts about the 2020 election will not disappear, she insists, unless we take seriously the concerns of Trump supporters about election fraud.

Madsen is right that questions of election security must be addressed, but this requires facts and evidence, not unsubstantiated allegations and partisan fabrications. The lie of widespread fraud in the 2020 election led to the Jan. 6 insurrection at the U.S. Capitol. Perpetuating this lie feeds conspiratorial thinking, undermines confidence in democracy and is fueling efforts to suppress voting rights.

Facts, John Adams famously said, are stubborn things. Isolated cases of misconduct occur in every election, but there is no evidence of widespread fraud in 2020, or modern U.S. elections generally. The Heritage Foundation, a conservative think tank, tracks voting fraud cases. There have been 1,311 proven cases of fraud out of 3 billion votes cast in elections from 1982 to 2020. Voter fraud rates are less than 0.0000004%. A 2017 report by the Brennan Center for Justice concludes, “it is more likely that an individual will be struck by lightning than impersonate another at the polls.”

Lest one think U.S. elections are unprotected, numerous state and federal laws prevent “double voting” and other forms of fraud. These laws make voter misconduct felonies with substantial fines. States employ numerous, constantly adapting measures to verify voter identity. The infinitesimally low level of actual vote fraud demonstrates that these laws work.

Madsen repeats unsubstantiated claims about “suspicious” ballots, abnormal turnout and anecdotes of questionable behavior. Yet extensive investigation and research rebut these claims. For example, the misconception that dead people vote comes from the fact that names of individuals who died or moved away since the last election sometimes remain on registration rolls. But that does not mean these people vote, and investigations find no evidence this is a problem. Other claims about voting “irregularities,” also ignore the evidence from independent investigations and impartial research.

The 2020 election was the most scrutinized in history. Not a single election audit, recount, investigation or lawsuit uncovered evidence of widespread irregularity or fraud. Trump’s Justice Department found no evidence. His top Homeland Security election security officer called it the “most secure election in American history,” a statement confirmed by more than 60 court cases challenging election results.

These cases were not dismissed on legal “technicalities,” as is often asserted. Judges dismissed cases because the plaintiffs failed to provide evidence of violations of law or widespread irregularities.

In dismissing challenges to Pennsylvania’s election, Judge Stephanos Bibas, a Trump appointee on the 3rd U.S. circuit court of appeals, wrote: “Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here.”

Courts operate on the basis of factual inquiry: “Ballots, not briefs, decide elections,” Bibas wrote.

A judge in Maricopa County, Arizona, also dismissed a case, chastising the local Republican Party for filing a baseless lawsuit on “a theory (of voter fraud) for which no evidence exists.” He took the further step of awarding attorney’s fees to the state for having to defend against the frivolous lawsuit.

There simply is no evidence of widespread vote fraud. Treating such claims seriously is like giving flat-earthers equal time with those bringing scientific evidence to the table.

Moreover, echoing these false claims undermines democracy. Numerous studies demonstrate that spreading misinformation about voter fraud reduces individuals’ willingness to participate in elections and lowers trust in the political system.

Worse still, these false claims are being used to suppress voting rights. According to the Brennan Center, Republican lawmakers in 43 states have proposed more than 250 laws to limit mail-in, early voting, and otherwise restrict ballot access, on the false premise they are needed to prevent voter fraud. Fraud that’s nonexistent.

Most disturbing, giving succor to these false claims imperils the safety of election workers. Ask Kim Wyman, Washington’s Republican secretary of state, who described death threats she and staff receive from people convinced the election was “stolen.”

Wyman worries good people will opt out of public service. At some point, she said, “it’s not worth putting your family’s life at risk.” Think about that the next time you are tempted to repeat unsupported allegations of election fraud.

Madsen concludes by calling for more measure to protect election security. Quoting a recent debate on election fraud, she suggests, we “don’t know the truth about 2020 but have to make sure we are never asking this question again.”

Of course, we do know the truth about 2020. It’s time we acknowledge it and reject the false claims being used to undermine American democracy.

Cornell W. Clayton is the C.O. Johnson Distinguished Professor of Government and director of the Thomas S. Foley Institute at Washington State University.

Michael Ritter is an assistant professor of political science at Washington State University.