Barton Gellman writes:

Technically, the next attempt to overthrow a national election may not qualify as a coup. It will rely on subversion more than violence, although each will have its place. If the plot succeeds, the ballots cast by American voters will not decide the presidency in 2024. Thousands of votes will be thrown away, or millions, to produce the required effect. The winner will be declared the loser. The loser will be certified president-elect.

The prospect of this democratic collapse is not remote. People with the motive to make it happen are manufacturing the means. Given the opportunity, they will act. They are acting already.

Who or what will safeguard our constitutional order is not apparent today. It is not even apparent who will try. Democrats, big and small D, are not behaving as if they believe the threat is real. Some of them, including President Joe Biden, have taken passing rhetorical notice, but their attention wanders. They are making a grievous mistake.

“The democratic emergency is already here,” Richard L. Hasen, a professor of law and political science at UC Irvine, told me in late October. Hasen prides himself on a judicious temperament. Only a year ago he was cautioning me against hyperbole. Now he speaks matter-of-factly about the death of our body politic. “We face a serious risk that American democracy as we know it will come to an end in 2024,” he said, “but urgent action is not happening.”

For more than a year now, with tacit and explicit support from their party’s national leaders, state Republican operatives have been building an apparatus of election theft. Elected officials in Arizona, Texas, Georgia, Pennsylvania, Wisconsin, Michigan, and other states have studied Donald Trump’s crusade to overturn the 2020 election. They have noted the points of failure and have taken concrete steps to avoid failure next time. Some of them have rewritten statutes to seize partisan control of decisions about which ballots to count and which to discard, which results to certify and which to reject. They are driving out or stripping power from election officials who refused to go along with the plot last November, aiming to replace them with exponents of the Big Lie. They are fine-tuning a legal argument that purports to allow state legislators to override the choice of the voters. [Continue reading…]