Skip to Main Content
 

Trevor Potter Comments in The Atlantic on Mail-In and Absentee Ballots

September 14, 2020, The Atlantic

In normal times, it would seem outlandish to worry that an American president might refuse to concede defeat upon losing his bid for reelection. This year it is not. Even though he won in 2016, Donald Trump falsely claimed that he was the victim of voter fraud. And when he sat down for an interview with Fox News’ Chris Wallace this July, he said: “I think mail-in voting is going to rig the election. I really do.”

. . .

Above all, they urged voters to be alert to how politicians might try to sow confusion. According to Trevor Potter, the president of the Campaign Legal Center and a former chairman of the Federal Election Commission, Democrats are likely to use mail-in and absentee ballots in much greater numbers than Republicans. As a result, the votes that are counted on Election Night could skew in Trump’s favor even though he is headed for defeat. Under such a scenario, Potter warned, “Trump is likely to argue that absentee ballots are fraudulent and that the election is being stolen.” Ignore him.

They also advised voters to distinguish between ordinary forms of electoral malfunction and an extraordinary attack. As in virtually every American election, voter suppression may take place in some form. This is manifestly unjust. But, Potter cautioned, “unless the elections are extremely close, that should not be seen as undermining the legitimacy of the election’s outcome.” If voting machines were hacked en masse, or if the federal government issued stay-at-home orders that applied only in major cities, however, that would signal illegitimacy.

Trevor Potter is also a Member of the Political Law Group at Caplin & Drysdale, Chartered.

For the full article, please visit The Atlantic's website.

________________________________________________

About Caplin & Drysdale
Having celebrated our 50th Anniversary in 2014, Caplin & Drysdale continues to be a leading provider of legal services to corporations, individuals, and nonprofits throughout the United States and around the world. We are also privileged to serve as legal advisors to accounting firms, financial institutions, law firms, and other professional services organizations.

The firm's reputation over the years has earned us the trust and respect of clients, industry peers, and government agencies. Moreover, clients rely on our broad knowledge of the law and our keen insights into their business concerns and personal interests. Our lawyers' strong tactical and problem-solving skills -- combined with substantial experience handling a variety of complex, high stakes, matters in a boutique environment -- make us one the nation's most distinctive law firms.

With offices in New York City and Washington, D.C., Caplin & Drysdale's core practice areas include:
For more information, please visit us at www.caplindrysdale.com.
Washington, DC Office:
One Thomas Circle NW
Suite 1100
Washington, DC 20005
202.862.5000
New York, NY Office:
600 Lexington Avenue
21st Floor
New York, NY 10022
212.379.6000

___________________________

Disclaimer
This communication does not provide legal advice, nor does it create an attorney-client relationship with you or any other reader. If you require legal guidance in any specific situation, you should engage a qualified lawyer for that purpose. Prior results do not guarantee a similar outcome.

Attorney Advertising
It is possible that under the laws, rules, or regulations of certain jurisdictions, this may be construed as an advertisement or solicitation.
©2020 Caplin & Drysdale, Chartered
All Rights Reserved.

Related Professionals

Related Practice Area(s)