The Lawfare Podcast: Scott Anderson on State Election Rules

Jen Patja, Benjamin Wittes, Scott R. Anderson
Wednesday, October 7, 2020, 12:00 PM

Published by The Lawfare Institute
in Cooperation With

We have an election in less than a month, and a lot of analysts seem to be expecting contested results. Doomsday scenarios are playing out in the pages of national magazines, the campaigns are gearing up for legal challenges and a lot of people are super worried about it. But there's something missing from a lot of these conversations: actual state law. State laws are the rules under which an election will initially be challenged, and they differ a great deal from jurisdiction to jurisdiction. Benjamin Wittes sat down with Scott Anderson who led a team for Lawfare that surveyed the key battleground states' challenge regimes for contested elections. They talked about how these regimes differ, how they are similar, which ones give rise to particular concerns and what it all means for the upcoming federal election.

Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.

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