1 00:00:00,000 --> 00:00:04,720 JUDY WOODRUFF: The widely discredited election review in Arizona is over. 2 00:00:04,720 --> 00:00:09,720 But more than 10 months after the 2020 election, there is growing alarm about other efforts 3 00:00:10,960 --> 00:00:15,960 launched with no credible justification to sow doubt about elections past, present and future. 4 00:00:17,760 --> 00:00:19,040 William Brangham explains. 5 00:00:19,040 --> 00:00:20,880 WILLIAM BRANGHAM: That's right, Judy. 6 00:00:20,880 --> 00:00:23,680 It was Republicans in the Arizona state Senate who 7 00:00:23,680 --> 00:00:27,760 commissioned this review of ballots in Maricopa County, even though election 8 00:00:27,760 --> 00:00:32,760 officials in the state said there was no large-scale fraud in the 2020 election. 9 00:00:32,880 --> 00:00:37,880 But a partisan group called Cyber Ninjas undertook a controversial review of the vote, 10 00:00:38,480 --> 00:00:43,200 and they affirmed that Joe Biden in fact won Maricopa County and Arizona. 11 00:00:43,200 --> 00:00:46,880 And here with us to look at the larger context is Nate Persily, 12 00:00:46,880 --> 00:00:51,120 a scholar of election law at Stanford University Law School. 13 00:00:51,120 --> 00:00:53,040 Nate, great to see you back on the "NewsHour." 14 00:00:54,400 --> 00:00:59,400 I hesitate to call this an actual audit, what this organization did in Arizona. 15 00:01:00,960 --> 00:01:04,400 But they affirmed what we already knew, that Joe Biden won Maricopa County and 16 00:01:04,400 --> 00:01:08,000 he won Arizona. But what do you make of this when you look at this process? 17 00:01:08,000 --> 00:01:11,600 NATE PERSILY, Stanford Law School: Well, you're right to hesitate in calling it an audit. 18 00:01:11,600 --> 00:01:16,600 Audits are good things. We know how to do election audits. Every state should audit its elections. 19 00:01:16,800 --> 00:01:21,800 But that is not what this was. This really was part of a coordinated disinformation campaign to 20 00:01:22,160 --> 00:01:26,880 try to undermine the legitimacy of the election. And we should not put too fine a point on it, 21 00:01:27,600 --> 00:01:31,680 that the whole goal here after the fact, many months after the fact, 22 00:01:31,680 --> 00:01:36,680 now almost a year after the election, was to cast doubt on the basic machinery of this election. 23 00:01:37,920 --> 00:01:42,640 And, as we have seen, even in the sort of public reception of this draft report, 24 00:01:43,280 --> 00:01:48,280 the fact that Cyber Ninjas did not find that it affected the outcome hasn't sort of decreased 25 00:01:49,680 --> 00:01:53,840 speculation or this lack of confidence that the whole audit process has generated. 26 00:01:53,840 --> 00:01:56,240 WILLIAM BRANGHAM: And for people who haven't been following this 27 00:01:56,240 --> 00:01:59,760 rather circuitous process they took, I mean, this was a very bizarre process, 28 00:01:59,760 --> 00:02:03,360 the way they went about this. These people had no experience in election law. 29 00:02:03,360 --> 00:02:08,360 They spent a period of time searching for bamboo fibers, allegedly looking for counterfeit Chinese 30 00:02:08,880 --> 00:02:13,880 ballots. I mean, the whole process seems -- bizarre is the official term, I think, for this. 31 00:02:14,800 --> 00:02:19,800 NATE PERSILY: Well, one of the problems is that we don't really know what the basic 32 00:02:20,080 --> 00:02:24,880 allegation was as to why there might have been fraud, whether in Arizona or elsewhere. 33 00:02:25,440 --> 00:02:30,440 Throughout the last 10, 12 months, what we have seen are allegations, again, of Chinese ballots, 34 00:02:31,440 --> 00:02:36,440 as you were saying, in Arizona, of Italian satellites as having manipulated voting machines, 35 00:02:36,800 --> 00:02:41,760 or of Dominion voting machines not being secure, of dead people voting and the like. 36 00:02:41,760 --> 00:02:46,760 There's this very heterogeneous set of complaints. And so what Cyber Ninjas was doing was going on 37 00:02:48,480 --> 00:02:53,280 a fishing expedition to find out if there was anything that implicated the outcome. 38 00:02:53,280 --> 00:02:56,160 Now, they didn't find that the results would have been different. In fact, 39 00:02:56,160 --> 00:03:01,160 they had -- from their results, they suggest that Joe Biden actually increased his vote totals 40 00:03:01,200 --> 00:03:04,240 through their audit than what was found on Election Day. 41 00:03:04,240 --> 00:03:08,000 But the fact that it may have sort of confirmed the result should not 42 00:03:08,560 --> 00:03:13,560 be any solace to those of us who worry about the lack of confidence that this type 43 00:03:13,600 --> 00:03:15,920 of process has engendered among the mass public. 44 00:03:15,920 --> 00:03:20,560 WILLIAM BRANGHAM: And, as you say, if this were just Arizona, that might be one thing. 45 00:03:20,560 --> 00:03:24,640 We might be able to put this behind us, but this is going on in multiple other states now. 46 00:03:24,640 --> 00:03:25,840 NATE PERSILY: That's right. 47 00:03:25,840 --> 00:03:30,840 This is now a playbook for other states. If you are a sort of disgruntled politician or one trying 48 00:03:32,480 --> 00:03:37,480 to make a name for yourself, then, whether it's in Pennsylvania or Wisconsin or some other states, 49 00:03:38,480 --> 00:03:43,360 Georgia, now that this is a pathway that they have chosen. 50 00:03:43,360 --> 00:03:46,960 Now, again, recounts and audits are part of our process. We want 51 00:03:46,960 --> 00:03:50,240 to encourage that in the month or so after an election, because we want to 52 00:03:50,240 --> 00:03:54,560 know that the election machinery is working as intended. But a year after an election, 53 00:03:54,560 --> 00:03:58,400 right, all this is trying to do is to undermine confidence in the result. 54 00:03:58,400 --> 00:04:02,720 WILLIAM BRANGHAM: And it sounds like, on some level, that perpetual argument that is made is 55 00:04:02,720 --> 00:04:06,800 having an effect, there was a Monmouth University poll out a month or two ago 56 00:04:07,360 --> 00:04:11,680 that showed that a third of Americans believe that President Biden was elected 57 00:04:11,680 --> 00:04:15,920 only because of fraud and that Donald Trump should have properly won the election. 58 00:04:15,920 --> 00:04:18,880 I mean, from an election administrator standpoint, 59 00:04:18,880 --> 00:04:23,120 if a third of the country thinks that you're engaged in a widespread fraud, 60 00:04:23,120 --> 00:04:27,826 what does that do to their ability to run elections safely and soundly? 61 00:04:27,826 --> 00:04:29,040 NATE PERSILY: Well, this is a very 62 00:04:29,040 --> 00:04:32,880 dangerous period, I think, for our democracy, that we have not seen this 63 00:04:33,680 --> 00:04:38,680 erosion of confidence in the basic infrastructure America, of the elections, in our history. 64 00:04:40,560 --> 00:04:45,360 We see lots of retirements among these veteran election officials. We see that many of them 65 00:04:45,360 --> 00:04:49,680 feel that they're taking their lives in their own hands because of death threats and the like. 66 00:04:49,680 --> 00:04:54,680 And so these are challenges we have not faced before, and they're a direct result 67 00:04:54,800 --> 00:04:59,280 of the concerted disinformation campaign that's trying to undermine the legitimacy the outcome. 68 00:05:00,320 --> 00:05:01,760 But these folks are heroes. 69 00:05:01,760 --> 00:05:04,720 WILLIAM BRANGHAM: Nate Persily of Stanford University Law School, 70 00:05:04,720 --> 00:05:05,840 thanks so much for being here. 71 00:05:05,840 --> 00:05:09,840 NATE PERSILY: Thank you.