1 00:00:00,080 --> 00:00:03,400 Speaker 1: You're listening to Bloomberg Law. We're talking about Donald Trump's 2 00:00:03,440 --> 00:00:07,720 Speaker 1: call for an investigation into his allegations of voter fraud. UH. 3 00:00:07,800 --> 00:00:11,319 Speaker 1: An executive order is expected later today. Our guests are 4 00:00:11,400 --> 00:00:14,800 Speaker 1: Rick Hassan of the University of California, Irvine and the 5 00:00:14,840 --> 00:00:18,880 Speaker 1: founder of the indispensable election law blog dot org, and 6 00:00:18,960 --> 00:00:22,040 Speaker 1: Nate personally at Stanford University. A few minutes ago, I 7 00:00:22,040 --> 00:00:25,000 Speaker 1: I incorrectly said Nate was the research director of a 8 00:00:25,000 --> 00:00:28,920 Speaker 1: bipartisan commission that looked into the election that was actually 9 00:00:28,960 --> 00:00:33,239 Speaker 1: the election. Rick Um spell it. I know you're not 10 00:00:33,320 --> 00:00:36,360 Speaker 1: optimistic about what Donald Trump is gonna kinda come out with. UH, 11 00:00:36,640 --> 00:00:39,760 Speaker 1: but what would you see? What would a good investigation 12 00:00:39,920 --> 00:00:44,680 Speaker 1: into voting look like? Well, I think it would look 13 00:00:44,760 --> 00:00:48,360 Speaker 1: much like the commission that Nate was the research dirrector of. 14 00:00:48,479 --> 00:00:53,400 Speaker 1: In that commission, the Presidential Commission Election Administration. UH. The 15 00:00:53,479 --> 00:00:56,320 Speaker 1: leaders of that commission were two very well respected lawyers, 16 00:00:56,360 --> 00:01:01,000 Speaker 1: one Democrat Bob Bauer, one Republican Benkinsburg. It had had, uh, Nate, 17 00:01:01,040 --> 00:01:04,000 Speaker 1: it had, it had a professional staff. It brought in 18 00:01:04,080 --> 00:01:07,959 Speaker 1: social scientists and election administrators, and it issued a report 19 00:01:08,040 --> 00:01:12,959 Speaker 1: with concrete recommendations. You can imagine, uh that you could 20 00:01:12,959 --> 00:01:16,400 Speaker 1: tackle the issues of voter fraud and voter suppression with 21 00:01:16,480 --> 00:01:19,399 Speaker 1: the same kind of group, if you could actually get 22 00:01:19,440 --> 00:01:22,320 Speaker 1: people to agree to serve on the commission and to 23 00:01:22,400 --> 00:01:25,280 Speaker 1: do some findings. I'm just that's not what I'm expecting 24 00:01:25,959 --> 00:01:30,720 Speaker 1: we're going to see. But it's possible that if we 25 00:01:30,800 --> 00:01:33,640 Speaker 1: get something that looks more like a you know, a 26 00:01:33,640 --> 00:01:36,560 Speaker 1: fake commission or one that's where everything is predetermined, that 27 00:01:36,640 --> 00:01:38,960 Speaker 1: there could be some kind of shadow commission set up 28 00:01:38,959 --> 00:01:41,479 Speaker 1: to actually do this. That's actually one of the hopes 29 00:01:41,520 --> 00:01:47,400 Speaker 1: that I have. Nate. Yesterday, Representative Elijah Cummings and Robert 30 00:01:47,440 --> 00:01:51,600 Speaker 1: Brady sent a letter to every chief election official and 31 00:01:51,640 --> 00:01:56,560 Speaker 1: attorney general in all fifty states and d C asking 32 00:01:56,640 --> 00:02:02,880 Speaker 1: for specific information regarding confirmed incidents of voter fraud. Would 33 00:02:02,880 --> 00:02:06,920 Speaker 1: that be enough to satisfy the question of voter fraud 34 00:02:07,040 --> 00:02:11,519 Speaker 1: without having a commission? Well, we've sort of already done 35 00:02:11,560 --> 00:02:13,800 Speaker 1: all of this. I mean, there's for those of us 36 00:02:13,800 --> 00:02:15,760 Speaker 1: who've been working in this area, there's a sense of 37 00:02:15,800 --> 00:02:17,960 Speaker 1: frustration and that we keep studying the same thing and 38 00:02:18,000 --> 00:02:20,919 Speaker 1: we find the exact same thing over and over again, 39 00:02:21,000 --> 00:02:25,080 Speaker 1: so that um, what you will find is that there 40 00:02:25,120 --> 00:02:28,520 Speaker 1: are as, as Rick hinted at and even as Donald 41 00:02:28,520 --> 00:02:32,000 Speaker 1: Trump said, they're duplicate registrations. People move so they stay 42 00:02:32,040 --> 00:02:35,880 Speaker 1: on one thing, one voter role and another. UM. You 43 00:02:35,880 --> 00:02:38,840 Speaker 1: will see errors, plenty of errors whenever you're dealing with 44 00:02:38,880 --> 00:02:41,920 Speaker 1: a hundred and you know, thirty million or four forty 45 00:02:41,919 --> 00:02:45,079 Speaker 1: million voters in appalling place. Uh, but you will never 46 00:02:45,200 --> 00:02:50,120 Speaker 1: see this hordes of imaginary people turning out to vote 47 00:02:50,600 --> 00:02:54,200 Speaker 1: UM or hordes of illegal UM people turning out to 48 00:02:54,240 --> 00:02:56,919 Speaker 1: vote illegal being you know, people who are felons, people 49 00:02:56,919 --> 00:03:01,080 Speaker 1: who aren't citizens and the like, and so there there 50 00:03:01,080 --> 00:03:03,000 Speaker 1: are plenty of problems with the electoral system. But we 51 00:03:03,040 --> 00:03:05,400 Speaker 1: did study this. We spent a lot of money UM 52 00:03:05,440 --> 00:03:07,720 Speaker 1: three years ago studying this. You can see the report 53 00:03:07,760 --> 00:03:10,519 Speaker 1: at support the voter dot gov and you can see 54 00:03:10,560 --> 00:03:14,480 Speaker 1: all of the supporting documentation there from the political scientists UM. 55 00:03:14,520 --> 00:03:16,079 Speaker 1: And one of the things we said in the report 56 00:03:16,160 --> 00:03:19,360 Speaker 1: was that fraud is rare. UM. There is fraud, you know, 57 00:03:19,400 --> 00:03:21,560 Speaker 1: there's there are fraud and mistakes in the system. In 58 00:03:21,600 --> 00:03:26,240 Speaker 1: there sort of aberrant examples of that. UM. But if 59 00:03:26,280 --> 00:03:30,959 Speaker 1: you're searching for three million voters on election day who 60 00:03:31,000 --> 00:03:34,839 Speaker 1: were illegally voting, you're not going to find them. Rick, 61 00:03:34,880 --> 00:03:36,760 Speaker 1: since I said, you've said that you're worried about a 62 00:03:36,760 --> 00:03:38,640 Speaker 1: look concerned about what Donald Trump will come out with. 63 00:03:38,680 --> 00:03:42,440 Speaker 1: What What are you most concerned about? If what sort 64 00:03:42,480 --> 00:03:46,080 Speaker 1: of the worst case scenario scenario from your standpoint in 65 00:03:46,200 --> 00:03:49,640 Speaker 1: terms of what Donald Trump could order up. Well, we 66 00:03:49,640 --> 00:03:51,960 Speaker 1: could end up with a kind of sham report that 67 00:03:52,440 --> 00:03:57,080 Speaker 1: suggests falsely that uh, millions of fraudulent votes were cast, 68 00:03:57,160 --> 00:03:59,240 Speaker 1: and that this would then be used as a pretext 69 00:03:59,680 --> 00:04:03,480 Speaker 1: to engage in federal or to pass I should say, 70 00:04:03,480 --> 00:04:06,800 Speaker 1: federal legislation which would make it harder for people to 71 00:04:06,880 --> 00:04:08,800 Speaker 1: register and vote. And we can go down the list 72 00:04:08,840 --> 00:04:11,760 Speaker 1: of things national voter i D where the government doesn't 73 00:04:12,520 --> 00:04:15,880 Speaker 1: provide the kind of um help that voters would need 74 00:04:15,880 --> 00:04:17,520 Speaker 1: to actually be able to do this. You know, you 75 00:04:17,600 --> 00:04:19,520 Speaker 1: still have to show, say a state driver's license or 76 00:04:19,520 --> 00:04:22,320 Speaker 1: a passport, which would exclude millions of people who lacked 77 00:04:22,360 --> 00:04:27,000 Speaker 1: those documents. You can imagine changing the motor voter law 78 00:04:27,000 --> 00:04:30,920 Speaker 1: of the National Voter Registration Act so that voter registration 79 00:04:31,000 --> 00:04:33,760 Speaker 1: materials don't have to be offered at d m v 80 00:04:33,920 --> 00:04:37,000 Speaker 1: s and at public assistance agencies. You can imagine a 81 00:04:37,160 --> 00:04:40,200 Speaker 1: ban in congressional elections on early voting or same day 82 00:04:40,240 --> 00:04:43,520 Speaker 1: voter registration, federalizing the system in a way that makes 83 00:04:43,520 --> 00:04:46,720 Speaker 1: it look like some of the toughest restrictions we've seen 84 00:04:46,880 --> 00:04:50,200 Speaker 1: passed in some Republican states like Texas and North Carolina 85 00:04:51,360 --> 00:04:54,440 Speaker 1: and Nate this these are some of the concerns that 86 00:04:54,560 --> 00:04:58,800 Speaker 1: Democrats have expressed about what this investigation may lead to. 87 00:04:59,600 --> 00:05:04,560 Speaker 1: Is there an way to combat that? Well, again, there 88 00:05:04,760 --> 00:05:08,479 Speaker 1: you had fifty secretaries of state report that there was 89 00:05:08,600 --> 00:05:13,320 Speaker 1: no uh example of substantial voter fraud in this past election. Right, 90 00:05:13,360 --> 00:05:16,400 Speaker 1: so the National Association of Secretaries of State, which is 91 00:05:16,720 --> 00:05:20,560 Speaker 1: majority Republican, has you know, issued this report. You have 92 00:05:20,640 --> 00:05:24,320 Speaker 1: the governors saying the same thing, and so uh, you know, 93 00:05:26,080 --> 00:05:28,520 Speaker 1: there's a question at a certain point as to how 94 00:05:28,640 --> 00:05:31,760 Speaker 1: much evidence do you need from all the people who 95 00:05:31,800 --> 00:05:34,680 Speaker 1: are in charge of administering the elections from both parties 96 00:05:34,720 --> 00:05:37,760 Speaker 1: before you say, all right, that did not occur. Um. 97 00:05:38,080 --> 00:05:40,359 Speaker 1: And so either we have we if we have a 98 00:05:40,360 --> 00:05:43,200 Speaker 1: debate about the evidence, we know exactly where it's going 99 00:05:43,240 --> 00:05:45,880 Speaker 1: to point. If it then becomes just a political debate 100 00:05:45,920 --> 00:05:48,120 Speaker 1: like any other, well then we we we it sort 101 00:05:48,120 --> 00:05:52,960 Speaker 1: of descends into the polarization and partisanship of UM, all 102 00:05:53,000 --> 00:05:55,680 Speaker 1: these other debates we're having these days, I should say 103 00:05:55,760 --> 00:05:57,719 Speaker 1: that it is certainly Nate. I'm afraid we're gonna have 104 00:05:57,720 --> 00:05:59,560 Speaker 1: to leave it there. I want to thank thank you 105 00:05:59,680 --> 00:06:02,640 Speaker 1: Nate personally and Rick Hasson for your insights into Donald 106 00:06:02,640 --> 00:06:05,960 Speaker 1: Trump's call for an investigation into voter fraud. I'm sure 107 00:06:05,960 --> 00:06:09,000 Speaker 1: we'll be talking more about that. Thanks for listening to 108 00:06:09,080 --> 00:06:11,640 Speaker 1: Bloomberg Law. We'll be back tomorrow thanks to our technical 109 00:06:11,680 --> 00:06:15,040 Speaker 1: director Chris try Come and our producer David Suckerman. Coming 110 00:06:15,120 --> 00:06:17,640 Speaker 1: up on Bloomberg Radio, Bloomberg Markets with Carol Masser and 111 00:06:17,720 --> 00:06:20,960 Speaker 1: Corey Johnson. Carol, what what are you talking about today? Well, Greg, 112 00:06:20,960 --> 00:06:23,840 Speaker 1: we're awaiting a speech from UK Prime Minister to reason May. 113 00:06:24,000 --> 00:06:26,960 Speaker 1: We will take our listeners out live to that speech 114 00:06:27,000 --> 00:06:29,640 Speaker 1: in Philadelphia. Lots of earnings including Google after the close, 115 00:06:29,680 --> 00:06:33,080 Speaker 1: so it's gonna be busy afternoon. Back to you, fantastic, Carol. 116 00:06:33,200 --> 00:06:35,680 Speaker 1: Stay tuned for all that and more on Bloomberg Radio. 117 00:06:36,040 --> 00:06:37,040 Speaker 1: This is Bloomberg