WV MetroNews’ Hoppy Kercheval wrote a commentary on August 16 titled “GOP Candidates Find Success in The Big Lie.” He followed his commentary that day on his statewide radio show saying he was “ready to move on” from Donald Trump and Hillary Clinton.
I respectfully offer a different take on Hoppy’s commentary to identify the true battleground that is afoot across America. While members of the media and partisans refer to the situation as “The Big Lie,” what is really at stake here are election integrity and voter confidence.
When the media overlooks election integrity, process transparency, and security in elections, they miss the forest for the trees. Their obsession with individuals obscures their vision for concepts that are needed to restore and maintain voter confidence in elections.
As our state’s chief election officer, it is important for me to encourage West Virginia voters to see the whole picture as we head into the November 8th federal election. The media’s coverage of the 2020 election and their subsequent criticism of people who dare speak of irregularities and improprieties have polarized America. Proponents saying, “nothing to see here, move on,” and candidates on both sides of the aisle claiming elections were stolen, combined with the media coverage, decrease voter confidence.
The reality is that people across the country want adherence to the rule of law, people want transparency, and people seek balance between access to the polls and election security.
The bottom line is there are unanswered claims that there were more votes “outside the law” as prescribed by the state legislatures than the margin of Biden’s victory in battleground states in the 2020 presidential election. Votes outside the law are not necessarily illegal votes; they are votes cast through a process that went beyond the intent of the states’ legislatures and counted under the guise of authority given by an election administrator’s decision, a consent decree, or a judicial decision that approved action beyond what the states’ laws provide.
Votes outside the law include examples such as votes trafficked to ballot drop boxes in excess of the number permitted by state law; ballots accepted after the election, despite that state’s law requiring ballots to be in by closing of the polls; and votes counted without signatures or addresses as required by state law. When votes are counted but the specific state’s laws suggest otherwise, they are improper and the processes are irregular.
People who question these improprieties and irregularities are not election deniers. They are people who want integrity in our elections, and in turn, confidence in the results.
The U.S. Constitution is clear. Article 1, Section 4 says the times, manner and places of elections shall be left to state legislatures. Once legislatures promulgate election laws, it is the duty of election officials to run elections consistent with those laws. If the law provides that ballots must be signed, that ballots cannot be dropped off in excessive numbers, and to not count ballots that arrive after the statutory deadline, those laws should be followed. We ought to encourage adherence to such laws, and not scoff at people who question officials and actions that are inconsistent with state laws.
When members of the media push that claims of fraud were false and such allegations “have been adjudicated,” they focus on a national narrative that ignores the bigger problem. Hold fast, West Virginia voters, and continue to ask questions. Volunteer to be a poll worker, attend sessions where clerks authenticate voting machines, watch as officials count votes, and observe canvassing. Your participation in the process will keep people accountable, and you can help ensure the integrity of the election.
Like football teams that review tape after a game to see what went right and what they could do better, people across America want to improve transparency, enhance state laws, and only count votes that comply with the law. Just as in our legal system, process matters. By sticking to the rules for elections as prescribed by our state legislature, West Virginia has risen to the top tier of states whose voters have high confidence in our elections – let’s keep that momentum going into this November’s election.
America’s true battleground is securing the vote and balancing election access with security. The battle will be won through adherence to the rule of law and growing confidence in our election process. It is not through name-calling and turning a blind eye by saying, “nothing to see here, move on.”
Mac Warner is West Virginia’s Secretary of State. He is a graduate of the U.S. Military Academy at West Point and the WVU College of Law.