Democracy Decoded

Election certification has traditionally been a mostly symbolic process in the United States. You vote, your vote gets counted, your precinct and others get tallied together (“canvassed” is the term of art) and, within a few days, everyone looks at the counts and agrees on a winner. But lately, this banal, bland procedure has become a political flashpoint, as people who question the election process impose unrealistic requirements on certification — and, in some cases, outright refuse to certify elections, even when state law requires them to do so.

In another of this season’s up-to-the-minute episodes, we are speaking with Jonathan Diaz, a litigator and voting rights advocate at CLC, who joins Simone to explain how election certification is supposed to work, how it’s being taken advantage of by bad actors and what CLC and other good-government advocates are doing to push back and see that election laws are carried out.

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at CLC, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Jonathan Diaz is Director for Voting Advocacy and Partnerships at Campaign Legal Center. Jonathan helps lead CLC’s work on combating election manipulation and participates on behalf of CLC on a number of democracy reform coalitions, coordinating CLC's work with partner organizations at the national, state and local levels. He also litigates voting rights cases across the United States, including VoteAmerica v. Raffensperger (N.D.Ga.), LUCHA v. Fontes (D.Ariz.), and Raysor v. Lee (N.D.Fla./11th Cir./SCOTUS). Jonathan frequently provides commentary on voting rights and election law issues in the media; he has been quoted in publications including the New York Times, Miami Herald, and ProPublica, and has appeared on Univision, NPR, and CNN, where he was an election law analyst during the 2020 election cycle.

Links:
Letters of Guidance on Election Certification - Campaign Legal Center
What Happens To My Ballot After I Vote? - Campaign Legal Center

Machine Tabulation, Not Hand Counting, Should Be Used to Count Ballots - Campaign Legal Center

Can Georgia's Election Board Refuse to Certify Results? The Law Says No - Campaign Legal Center

Want Election Results Sooner? Allow Election Officials to Process Mail Ballots Early - Campaign Legal Center
The Courts Will Prevent Local Election Boards in Georgia from Disrupting the Certification of the Election, Officials Say - The Atlanta Journal-Constitution (AJC)

2025 Counting and Certification of Electoral Votes Designated National Security Event - U.S. Secret Service

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization which advances democracy through law at the federal, state and local levels, fighting for every American’s right to responsive government and a fair opportunity to participate in and affect the democratic process. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts tha...

Voting at a polling place on Election Day may be easy for some, but many voters face significant challenges. Transportation, work schedules, and the location of polling places can make it tough for voters with families, jobs, a disability, and more to vote in person.

During the 2020 presidential election, when the COVID-19 pandemic was in full force, many states expanded vote-by-mail access to protect voters from getting sick. There were also drive-thru voting and ballot drop-boxes, which opened many voters’ eyes to how accessible voting could be.

In this episode we look at how vote-by-mail works, why it’s secure and accurate and how it helps more voters make their voice heard.

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at CLC, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Reynaldo (Rey) Valenzuela has been working in the field of elections for over 32 years. He currently serves as the Director of Mail-In Voting and Election Services for Maricopa County, Arizona that presently serves over 2.4 million registered voters. He supports the administration of several election processes to include the candidate/campaign filing division, customer service division, early voting department, and shared oversight of the tabulation process. Rey serves or has served on various election related panels for various organizations to include as a local election official representative for Arizona on the Bipartisan Policy Center (BPC) or as a deputy member of the Election Officials of Arizona (EOA) Association. He also served for 15 years as one of the two Representatives from Arizona on the Election Assistance Commission Standards Board.

Jonathan Diaz is Senior Legal Counsel for Voting Rights at Campaign Legal Center. He litigates voting rights cases on behalf of voters across the United States, and works to advance laws and policies that expand the freedom to vote for all Americans. Before joining CLC, Jonathan was a litigation associate in the New York office of Jenner & Block LLP, where he litigated a variety of civil and criminal matters. He represents voting rights plaintiffs and amici in numerous cases, including Raysor v. Lee, VoteAmerica v. Raffensperger, Thompson v. Alabama and Brnovich v. DNC. Jonathan also participates on behalf of CLC on a number of democracy reform coalitions, coordinating CLC's work with partner organizations at the national, state and local levels. He also frequently provides commentary on voting rights and election law issues in the media; he has been quoted in publications including the New York Times, the Miami Herald and ProPublica, and has appeared on Univision, NPR and CNN, where he was an election law analyst for the 2020 election cycle.

Michelle Bishop leads a team to support NDRN's national network on voting rights and voter engagement for people with disabilities. She also works in coalition with the civil rights community in Washington, DC to ensure strong federal policy regarding voting rights and election administration from a voter-centric and intersectional perspective. Michelle loves democracy so much that she registered to vote on her 18th birthday, even though it wasn’t an election year. It is ill-advised to get her started talking about the historical significance of the first peaceful transfer of the US presidency or the intricacies of the Electoral Count Act. Disabled herself, Michelle comes to NDRN with over 15 years experience in the disability vote.

Links:

Here’s Why You Should Have the Freedom To Vote By Mail (Campaign Legal Center)

Demystifying Vote-by-Mail for All Americans (Campaign Legal Center)

Combatting State-Level Bills Restricting The Freedom To Vote (Campaign Legal Center)

Voter Participation Nonprofits Are Crucial for Democracy. We Must Protect Their Work. (Campaign Legal Center)

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization which advances democracy throu...

Election workers are the people in your neighborhood. They’re our friends, neighbors and co-workers who help keep American democracy safe and secure.. But in 2020, many of them were maligned, harassed and threatened in battleground states — the targets of bad actors who sought to sow distrust in the electoral process.

How can we better protect and support the many dedicated civil servants and volunteers who provide such crucial work? The thousands of election workers who will staff this November's election are the front line of security and safety for voters. The processes they help carry out have been practiced and refined across nearly three centuries of American elections. Attacks on election workers are a threat to a functional democracy.

In this episode, we talk with Kristina and Steve Reisinger — a wife and husband in eastern Pennsylvania who found a community in their local polling place and were inspired to volunteer. And we also speak with Kelsey Rogers, CLC's senior manager for state advocacy, about the threats being faced by election workers in recent years and the steps some states are taking to protect them.

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at CLC, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Stephen Reisinger served 4 years in the USMC in Infantry and MP from 1992 to 1996. He attended Carpentry School for 4 years, graduating in 2005. He is the 3rd generation owner of the general construction company that focuses on Public Works and historic restoration. He worked as a field carpenter and superintendent until 2014. In 2017, he moved into project management and purchased the business in October of that year.

Kristina Reisinger has been an educator for over 30 years, almost all of them at an independent school, Benchmark School in Media. She taught 7th grade Language Arts and Science for most of that time. In 2020, she stepped into administration but quickly soured on all the “office/meeting” work and argued her case to transform her position into that of Instructional Coach so that she could be an “in the trenches” mentor/facilitator working with the students and staff. The kids call her position a “teacher of teachers.” During the summer camp, she is the director of all academic classes.

Kelsey Rogers is Senior Manager for State Advocacy at Campaign Legal Center. Before joining CLC, Kelsey spent seven years at the Brady Campaign to Prevent Gun Violence, where she helped states across the country pass meaningful gun violence prevention legislation. In her previous roles, Kelsey also worked for the communications and legal departments of Brady. She got her start in politics by volunteering and running student chapters of the Obama for America campaign in 2008 and 2012.

Links:

Who Are Election Officials, and What Do They Do? – Campaign Legal Center

States Should Protect Everyday Americans Who Safeguard Our Democracy – Campaign Legal Center

Election Workers Deserve to Feel Safe. Nevada is Taking Action – Campaign Legal Center

Michigan's elections chief wants to protect voters, poll workers and democracy itself – NPR

State Laws Providing Protection for Election Officials and Staff – National Conference of State Legislatures

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization which advances democracy through law at the federal, state and local levels, fighting for every American’s right to responsive government and a fair opportunity to...