An Urgent Call to the Bar for Action to Protect our Elections: Now, During the Midterms and Beyond

The alarming rise in reports of harassment, intimidation and threatened violence against election officials and volunteers since the 2020 election is driving experienced, nonpartisan workers away from their longstanding roles, and is creating opportunities for candidates untethered to the rule of law to take their places. Claims of fraud by candidates and members of the media, although unsupported by any evidence, are nonetheless shaking the public’s confidence in the sanctity of our elections and are discouraging people from voting, undermining the very foundation of our democracy. Lawyers have a unique role—and responsibility—in assuring that our electoral system will hold, based upon the rule of law. The New York City Bar Association has launched an election protection initiative enabling members of the bar and law students to learn where they can most effectively assist to protect free and fair elections. No prior election law experience is needed for these opportunities, which are found in New York City and throughout the country, including in those states where poll workers are being threatened. Help is needed before, during and after the midterm elections. In this program, leading election law advocates from both major parties explain how lawyers can take action to protect our elections and our democracy.

Welcome & Closing Remarks: 
Marcy Kahn, Chair, Task Force on the Rule of Law

Introduction:
Susan J. Kohlmann, President, New York City Bar Association

Moderator:
Jerry Goldfeder, Special Counsel, Stroock; Director, Fordham Law School Voting Rights and Democracy Project

Speakers:
Bob Bauer, Co-Chair, Election Official Legal Defense Network
Ben Ginsberg, Co-Chair, Election Official Legal Defense Network
Jason Kaune, Chair, ABA Standing Committee on Election Law
Estelle Rogers, Immediate Past Chair, ABA Standing Committee on Election Law

Sponsoring Committees:
Task Force on the Rule of Law, Marcy Kahn, Chair
Election Law Committee, Rachel A. Harding, Chair

Election Protection Initiative Materials:
Election Protection Opportunities for Lawyers
How Lawyers Can Protect Our Democracy – Susan J. Kohlmann, President, New York City Bar Association
City Bar Launches Election Protection Effort
Pledge – America’s Lawyers on Voting and the Rule of Law: Nine Principles

Related Reports:
City Bar Supports Lofgren-Cheney Presidential Election Reform Act, Critical Electoral Count Act Reform
Electoral Count Act Reform Senate Testimony
Statement on Reforming the Electoral Count Act
Historical Context, Current Challenges & Recommendations Regarding the Disqualification Clause
The Consent of the Governed: Enforcing Citizens’ Right to Vote
ABA’s August 2022 Resolution and Commentary on Election Administration Guidelines