On Saturday’s WarRoom, legal analyst Mike Davis from Article 3 Project and commentator Jack Posobiec examined several high-profile voter integrity and judicial concerns ahead of the 2024 election. Focusing on Colorado, Virginia, and national voting practices, they detailed recent court rulings and legislative issues impacting voter integrity and election laws. They assert these issues could have a significant impact on the upcoming election, with Davis stating, "This is huge for election integrity.”
Colorado’s Justice Monica Marquez and Voter Concerns
The discussion began with Colorado’s judicial system, particularly the role of Justice Monica Marquez in a recent Colorado Supreme Court decision. Davis criticized Marquez, describing her as "radical and lawless” after she joined a 4-3 decision to disqualify Donald Trump from the Republican primary ballot under the 14th Amendment’s Insurrection Clause. Davis claims this clause was misused, as it was originally meant to apply to individuals who engaged in insurrection during the Civil War.
Davis argues that the attempt to remove Trump from the ballot represents a broader Democratic strategy to set a precedent for disqualification in other states. However, the decision was unanimously overturned by the U.S. Supreme Court, 9-0, which he cites as evidence of its weakness. "It’s very hard to lose nine to nothing on these high-profile cases,” Davis remarked, calling it a "bogus reading” of the Constitution.
Surprising Early Voting Trends for Republicans
Another focal point of the conversation was the unexpected surge in Republican early mail-in voting, a trend that Posobiec believes signals strong GOP turnout nationwide. In Colorado, Republicans are showing competitive numbers, with Democrats at 31% and Republicans closely following at 29% in early mail-in voting. Posobiec called these results unusual, noting, "Republicans are punching way above their weight.”
This shift may reflect a response to concerns around election integrity. Republicans are aiming to secure early votes to prevent potential disruptions on Election Day, whether from weather or long wait times.
Virginia’s Judicial Ruling on Non-Citizen Voting
In Virginia, a new legal ruling has revived concerns around non-citizen voting. A Biden-appointed judge recently ruled that Virginia’s law removing non-citizens from voting rolls cannot be enforced within 90 days of an election, reinstating around 1,600 non-citizens identified as ineligible to vote. Davis calls this an "outrageous decision” and argues that it "undermines the integrity of federal elections.” He claims this decision favors Democrats by allowing ineligible voters to remain on the rolls.
The Virginia law has been in place since 2006, signed by a Democratic governor and senator, and was seen as a non-controversial measure to ensure only eligible citizens participate in federal elections. According to Davis, this judicial decision will be a "game-changer” in Virginia, especially in tight races.
National Implications: The Fifth Circuit’s Ruling on Election Day Extensions
In addition to state-specific issues, Davis also highlighted a ruling from the U.S. Court of Appeals for the Fifth Circuit that upheld the federal mandate for a single Election Day. Mississippi attempted to extend voting by five days, but the Fifth Circuit, led by three Trump-appointed judges, ruled that states must adhere to a single Election Day set by Congress. Davis emphasized that the ruling prevents Democrats from "stuffing the ballot box after Election Day.”
Davis and Posobiec argue that these state and federal rulings could shape election outcomes, as they reinforce or challenge existing voter integrity measures. "This is crucial for the integrity of this election,” Davis stated.
Why These Issues Matter to Voters
The underlying theme connecting these judicial rulings and voter trends is the battle over election integrity, with Republicans pushing for stricter enforcement and Democrats advocating more lenient policies. Davis argues that voters should be aware of these issues, as they "directly impact the legitimacy of election outcomes.” Each of these cases reflects a broader debate over how elections should be conducted and who gets to decide the rules.
With early voting numbers rising and controversial judicial rulings emerging, Davis and Posobiec urge voters to stay informed. Davis concludes, "This election is about more than just a single race; it’s about the rules that shape our democracy.”
For more context watch the following segment from Saturday’s WarRoom featuring Mike Davis:
