US Election Law, Union Activity, and DC Legal Battles | Bloomberg Law

Presidential Power Over Elections

• 🏛️ The President has no constitutional power to dictate how states conduct national elections; this authority rests with the states.
• 📜 Congress, however, has the power to regulate national elections, including absentee ballots, potentially even banning their use, though political hurdles exist.
• ⚖️ Challenges to a federal ban on absentee ballots would likely come from individual voters unable to vote in person, arguing a severe burden on their voting rights.

Voting Machines and Election Integrity

• 🗳️ The discussion around voting machines and paper ballots with watermarks remains unclear, as most voting already uses paper ballots, with machines primarily for tabulation.
• ✋ Hand counting millions of ballots is proposed as an alternative to machines but would introduce significant delays and is generally less accurate.
• ❓ The motivation behind Trump's stance on mail-in voting and voting machines is speculated to be a desire for a Republican advantage in midterms, though it may have hurt him in the past.

Union Activity and Political Climate

• 📉 A significant drop in union elections and petitions to the National Labor Relations Board (NLRB) is observed, contrasting with previous years' historic numbers.
• 😟 This decline is attributed to unions adopting a "wait and see" approach, fearing a more conservative NLRB under a new administration and recalling a hostile environment during the first Trump administration.
• 💼 Workers are also afraid to organize due to fear of retaliation, economic uncertainty, and a tougher labor market, making it harder to find new jobs if fired.
• 🏛️ The president's attempts to exert more control over independent agencies like the NLRB, including the potential firing of board members, could make them more beholden to the executive.

Legal Battles and Public Perception in DC

• 🥪 The "sandwich guy" incident, where a DC resident threw a sandwich at an ICE officer, has become a symbol of resistance, with merchandise and posters circulating.
• 🎬 The White House's use of a social media team to record and post the arrest of Shaun Charles Dunn is criticized as unethical and potentially illegal political hackery, violating constitutional rights.
• ⚖️ Legal challenges are expected regarding pre-trial publicity and privacy rights due to the embedded social media influencers, potentially impacting prosecution.
• 💰 A $30 million pardon scheme for Roger Ver, involving a businessman and a crypto enthusiast, failed to materialize as no money changed hands and conversations fizzled out.
• ⚖️ The clemency space has seen an evolution with massive fees attached to lobbying for pardons, a shift from historical pro bono advocacy.