Experts warn of a potential rollback of voting rights enforcement under a second Trump presidency. A Trump administration could leverage the Department of Justice (DoJ) to undermine the very voting rights it is mandated to protect. This concern stems from Trump’s past actions and rhetoric, including his attempts to overturn the 2020 election results and his public pronouncements about punishing political opponents. His control over the DoJ could facilitate the amplification of false claims of voter fraud and the targeting of local election officials. Furthermore, the department’s voting rights section could experience a significant reduction in its enforcement of the Voting Rights Act, mirroring its inactivity during his first term.
Trump’s choices for key DoJ positions further fuel these concerns. His selection of Pam Bondi, who aided his efforts to challenge the 2020 election results, and Harmeet Dhillon, a staunch loyalist with a history of supporting voting restrictions, suggests a potential shift in the department’s approach. Reports indicate Trump intends to use the DoJ to investigate the 2020 election, despite numerous audits confirming his loss. While he publicly claims disinterest in such pursuits, these actions contradict his stated intentions. The potential dismissal of career DoJ attorneys dedicated to voting rights enforcement, a call explicitly made by Trump ally Cleta Mitchell, is also a significant point of concern.
While a wholesale firing of career attorneys would be difficult, strategically hindering their ability to pursue voting rights cases is a more plausible scenario. This tactic was employed during Trump’s first term, resulting in a near-cessation of new voting rights enforcement cases. The Biden administration reversed this trend, actively opposing restrictive voting laws and supporting plaintiffs challenging voter suppression tactics. The potential for a reversal under a Trump administration is a significant threat. Concerns extend beyond the simple inaction of the DoJ; there’s fear that it could actively switch sides in existing cases, undermining ongoing voting rights litigation.
A more alarming vision is presented in “Project 2025,” a detailed policy roadmap for a second Trump administration. This document suggests using the Ku Klux Klan Act of 1871, designed to protect voters from intimidation, to criminally charge local election officials for interpreting state election laws in ways deemed contrary to the document’s interpretation of those laws. This approach, exemplified by the proposed prosecution of a Pennsylvania election official, raises serious concerns about politically motivated prosecutions. Legal experts, however, express significant skepticism that such prosecutions would be successful, citing the lack of precedent and the unlikelihood of federal prosecutors pursuing such actions.
Even without successful prosecutions, investigations themselves pose a significant risk. The potential for the DoJ to launch inquiries into minor irregularities, such as those involving non-citizen voters due to confusion regarding eligibility, could be used to create a narrative of widespread voter fraud. This tactic, previously employed during the 2020 election, undermines public trust in the electoral process. Furthermore, existing voting rights legislation, including the National Voter Registration Act of 1993, could be targeted. A crucial challenge lies in the ongoing legal battle concerning Section 2 of the Voting Rights Act, where Republicans argue that only the federal government can enforce it, effectively shutting down private litigation – a position the DoJ has so far opposed, but could potentially reverse. This, experts warn, could be a fatal blow to voting rights litigation.