KY SOS invited to meet with FBI, DHS over upcoming elections. Should we worry? | Opinion
Earlier this week, I published a column we call Agree to Disagree, this time with Republican Secretary of State Michael Adams, over President Donald Trump’s threats to our midterm elections later this year.
Trump realizes that the Republican brand is in trouble, and has been threatening to “nationalize elections,” even though state control of elections is a clear tenet of the Constitution.
I agree with Adams that Kentucky won’t face many problems because there is no role for the federal government in local elections, but as someone who has underestimated Trump before, I’m less sanguine.
Those feelings were not helped by a recent letter received by Adams’ office, given to me through an open records request.
This letter was sent to all the secretaries of state in the country from Kelli Hardiman, “FBI Election Executive,” whatever that is. It invites them to a meeting on Feb. 26 with the FBI, the Department of Justice, the Department of Homeland Security, the United States Postal Inspection Service, and the U.S. Election Assistance Commission to “discuss preparations for the cycle,” as well as updates and resources.
Adams called it “perfectly normal,” according to his spokesman Nick Storm.
“Every federal election year he has multiple national Zoom meetings like these with DOJ/FBI/DHS,” Storm told the Herald-Leader.
The invite has raised eyebrows in other quarters, though. Democratic Colorado Secretary of State Jena Griswold called it “unusual,” saying “it’s the federal government that has made our elections less secure.”
“We are now planning for contingencies on potential federal disruptions,” Griswold said.
Colorado is one of several states being sued after refusing to turn over voter rolls with personal information on them.
Nevada Secretary of State Cisco Aguilar, also a Democrat, called the invitation “just beyond crazy.”
Added to Trump’s statements about national elections, officials are anxious after the FBI raided an elections office in Georgia last week, apparently part of attempts to revive debunked claims over the 2020 election. The New York Times reported the raid originated with an election denier who now works in the White House.
The federal government cannot control elections
Closer to home, former Attorney General Ben Chandler, who is also the former chairman of the Kentucky State Board of Elections, said: “I’ve never heard of the DHS being involved in elections.”
“It’s clear to me that Trump is trying to take control of the midterm elections,” Chandler said. “There’s been a lot of speculation he’d try to cancel them, and I don’t think he can get away with that, but he’s clearly interested in impacting the midterms as much as he possibly can.”
That could include posting ICE agents near polling places to discourage people from voting, even if they are U.S. citizens.
”The whole immigration thing and DHS play into this, because Trump has said the Democrats have been cheating by getting illegal immigrants on the voting rolls, and that’s just not true,” he said.
There’s no proof of widespread fraud committed by non-citizen voting, but it’s still a claim many Republic politicians use frequently.
Josh Douglas, a Constitutional and elections expert at the University of Kentucky College of Law said he was not aware of the FBI being involved with pre-election coordination with states. While some federal agencies like the EAC can help states with free and fair elections, “it’s strange to see the FBI and the DHS on that list.”
Douglas believes this is the White House strategy: to raise questions about election integrity, and pretend the federal government has a role. It does not, and the Constitution is extremely clear on this point, which would aid courts in stopping any interference.
“We need to stop acting like the president is able to do all of these things,” Douglas said. “The fatalism that you hear from so many people needs to be combatted.”
In the end, the lawyers may have to save us, as they’ve been doing. The Trump administration has lost 60% of court cases in the past year. Does that make you feel better?