Show Notes
In this episode of the Explaining History Podcast, we are joined by David F. Walbert, a veteran voting rights attorney whose new book, Stealing Elections American Style, traces the long, sordid history of contested and corrupted elections from the mid‑19th century to the present day.
David's career spans decades of litigation on voting rights cases, beginning in the early 1970s when he moved to Georgia and discovered that despite the Voting Rights Act, African American representation in elected office was staggeringly low. The problem was not voter registration – Black and white registration was near parity – but structural devices that allowed white majorities to control every election outcome.
We explore the origins of the "Southern strategy" – the explicit deal struck by Richard Nixon in 1968 with the white South: electoral votes in exchange for Supreme Court justices hostile to civil rights. That strategy, David argues, is the genesis of the ongoing assault on voting rights, culminating in the 1980 Supreme Court decision that nearly shut down vote dilution cases – and the subsequent effort to amend the Voting Rights Act in 1982.
The conversation moves to the stolen election of 1876 – perhaps the most flagrant in American history – where Rutherford B. Hayes was awarded the presidency despite losing the popular vote, through the systematic throwing out of Democratic precincts in Louisiana. The parallels to the present are striking.
David also discusses the evolution of voter suppression tactics, the spread of white racist ideology from the South to the North, and the alarming infiltration of election denialists into state and local election apparatuses. He warns that the next close election – particularly in the House and Senate – could be decided not by voters, but by partisan politicians in Congress, a prospect that threatens the very foundation of American democracy. Topics covered: David's career litigating voting rights cases The Voting Rights Act and its amendments The Southern strategy and its consequences The stolen election of 1876 (Tilden vs. Hayes) George W. Bush vs. Al Gore in 2000 Trump's attempt to steal the 2020 election The infiltration of election denialists into state and local offices The constitutional power of Congress to judge its own elections The threat to the 2028 presidential election David F. Walbert's Stealing Elections American Style is published by Bloomsbury and is available from September 3 in the US and October in the UK. Please consider buying from an independent bookshop or directly from the publisher. If you enjoy the podcast, please consider supporting us – we are migrating from Patreon to Substack. Details in the show notes. Explaining History helps you understand the 20th Century through critical conversations and expert interviews. We connect the past to the present. If you enjoy the show, please subscribe and share. ▸ Support the Show & Get Exclusive Content Become a Patron: patreon.com/explaininghistory ▸ Join the Community & Continue the Conversation Facebook Group: facebook.com/groups/ExplainingHistoryPodcast Substack: theexplaininghistorypodcast.substack.com ▸ Read Articles & Go Deeper Website: explaininghistory.org
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