RESPONSE TO SENATOR DEB FISCHER (R-NE)


Senator Fischer,

     While I appreciate your response to me, I am deeply troubled by your letter, dated November 20, 2020, which is copied below. Here is my rationale.

1. In paragraph 2, you state that "more than 70 million votes cast for each party’s ticket." That is factual, but it is also somewhat deceptive. In fact, as of this date (November 21), Joe Biden has earned 79,824,643 votes, while Donald Trump has earned 73,787,805, a difference of more than 6,000,000 votes. In terms of percentage, Biden has captured 51.1% and Trump 47.2%. For comparative purposes, recent elections with similar margins of victory include the 2008 and 2012 Obama victories, the 1988 Bush Sr. victory, and the 1980 and 1984 Reagan victories. So, yes, both Biden and Trump received over 70 million votes, but the fact is Biden's victory compares with these historic landslides.

2. In paragraph 3, you say that voter turnout in Nebraska was 74%, but it was 76%. This is an easy thing to look up at the Nebraska Secretary of State office. This is extremely important and speaks to an even more important point: we should do everything we can to continue to encourage high voter turnout. We should resist efforts to disenfranchise voters. This is not a partisan statement. Both parties should work toward more, not less, enfranchisement of our citizens.

3. Paragraph 4 is very important. You are correct. In fact, the release of this short joint statement by officials and federal and state levels will stand, in my opinion, as one of the most important documents of this troubled election cycle. This is the statement that got Chris Krebs, head of the DHS "Cybersecurity and Infrastructure Security Agency" (CISA) fired by President Trump. The factual nature of this memo seems to be the very crux of President Trump's problem with the election: it was a secure election, so many of his claims turn out to be baseless. https://www.cisa.gov/news/2020/11/12/joint-statement-elections-infrastructure-government-coordinating-council-election

4. Paragraph 5 is most troubling. First, you correctly note that "former Vice President Joe Biden is ahead in enough states to win the presidency." Well, yes. You can see my discussion above. More to the point, there is no election in recent memory in which the losing candidate has not immediately conceded in the face of such an overwhelming margin of victory. Second, you go on to state that we "know President Trump’s campaign has every right to request recounts, legally resolve questions of voting irregularities, and produce evidence to support any allegations of fraud." There are several problems with this statement.

      a. It is, of course, true, that our legal system allows individuals and groups to file lawsuits against other individuals and groups. However, even if this is legal, should we not also consider context and propriety? I could sue my neighbor for mowing grass in my yard because he fails, by three feet, to observe the legal property line. Why would I do that? It is frivolous. In the same way, the Trump campaign has filed somewhere in excess of 30 lawsuits, and many of these suits argue about a few hundred or few thousand votes in places where this would not make a difference.

      b. The more long-term problem with what you say here is that you seem to be advocating for election practices that we have typically not used in the United States, except in exceptional circumstances. The most recent election where a lawsuit decided the election was in 2000, when the Supreme Court ruled in favor of George W. Bush in the "Bush v Gore" case. This case decided the status of 537 ballots which were questionable. There is simply no comparison between this lawsuit and the legal grasping at straws by the Trump campaign.

       c.  You advocate a practice where every election, from presidential elections down to school board elections at local levels, will now feature a several-week period of legal challenges. This is ludicrous and goes against our democratic traditions. But, by supporting the right of the Trump campaign to do this in 2020, it is almost assured that future candidates will engage in the same behavior. That is why concession of election results, though no legal requirement, is important in healing after the bickering and vituperation of political campaigns. A series of long, drawn-out lawsuits furthers national discord.

      d. We also know that the Trump campaign has sought full or partial recounts in several states and urban counties. The Georgia hand recount revealed what was already an apparent fact: Joe Biden won by 12,000 votes. What is more disturbing is that the Trump campaigns has demanded partial recounts in urban areas, though these have not always been granted under applicable state law. These cities include Detroit, Philadelphia, and Milwaukee. The Georgia recount was driven by the Trump campaign's problems with votes in Atlanta. What do all these cities have in common? In all of them, either the majority or a very large percentage of voters happen to be black.

      e. Even if one were to accept the somewhat flawed notion that any candidate can continue to engage in election-related lawsuits and recounts, along with the obvious long-term problems, it is clear to any concerned observer that the Trump campaign has a much more insidious goal, and that is the undermining of our confidence in our electoral system. Though the vast majority of lawsuits have been dismissed by competent judges, a large percentage of our populace still somehow believes that the election was "rigged." They believe the tales of shady characters loading false ballots into vote counting machines. They believe the stories about "Dominion software." They believe that a vast conspiracy operating in several states and counties; that is, a highly coordinated scheme, is possible. Of course, the logic is flawed. If the Democratic Party were clever enough to pull off such a scheme, that party would also be clever enough to increase its majority in the House of Representatives and gain a majority in the Senate.

5. Donald Trump is attempting to do two things, both of which are shocking, given that he is a sitting president. First, he aims to retain the presidency by any means possible. That includes not only the actions discussed above, but also actions that are borderline unconstitutional. He already hosted two members of the Michigan legislature at the White House; these are two members who will vote to certify that state's election. He is inviting members of Pennsylvania's legislature to the White House. These invitations scream conflict of interest. Donald Trump, his campaign, and members of his legal team have openly called for the selection of electors to the Electoral College who will vote against the popular vote of their respective states.

6. If we, as a People, lose confidence in our electoral process, we are taking a giant leap backwards. We have struggled for over 240 years to expand the franchise. A bloody Civil War, which killed upwards to 750,000 Americans, also resulted in giving freed slaves the right to vote under the 15th Amendment. Women struggled for decades before being granted the right to vote by the 19th Amendment, ratified in 2020. The 26th Amendment, ratified in 1971, gave 18-year-old persons the right to vote. Passage of the Voting Rights Act of 1965, as well as the ratification of the24th Amendment in 1964, attempted to right the wrongs imposed by infamous Jim Crow laws that were prevalent for nearly 100 years in the South.

7. Too many people have struggled, fought, and died for one person to destroy our progress. This is not simply some sterile argument about lawsuits and recounts. This is a struggle for the continuing progress of our democracy. Donald Trump turned out to be the person we all knew he was -- a sore loser who will do anything to win, and who will sacrifice anything to win, including our democratic institutions. We cannot allow that to happen.

 

Sincerely,

 James A. Harrold

Nebraska Constituent

Attachment: Senator Fischer Letter to James Harrold, November 20,2020

November 20, 2020

Dear James,

Thank you for contacting me about the 2020 presidential election. I appreciate you sharing your concerns with me.

The 2020 federal election cycle has been unlike any other in American history. This is mainly because of the ongoing COVID-19 pandemic, which sparked a major shift to early and mail-in voting in all U.S. states. As a result, the election for President and Vice President of the United States saw the highest voter turnout as a proportion of population in over a century, with more than 70 million votes cast for each party’s ticket.

In Nebraska, both in-person voting and early mail-in voting resulted in a record 74 percent turnout for the November general election. I applaud Nebraska for administering a free and fair election and counting all ballots in accordance with state law.

Similarly, I am pleased that the Department of Homeland Security has found no evidence of foreign interference in our elections. This is a testament to the bipartisan work of Congress and the Trump administration in recent years to support state and local election authorities.

As you know, former Vice President Joe Biden is ahead in enough states to win the presidency. But know President Trump’s campaign has every right to request recounts, legally resolve questions of voting irregularities, and produce evidence to support any allegations of fraud. Ultimately, a duly elected president will be inaugurated on January 20, 2021, with my support, and there will be a peaceful transition of power.

Again, thank you for contacting me. I encourage Nebraskans to monitor the Centers for Disease Control and Prevention's (CDC) website for the latest COVID-19 information: https://www.cdc.gov/coronavirus/2019-ncov/index.html

Sincerely,

//signed//

Deb Fischer

United States Senator


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