The report also discusses lawyers’ role in defending constitutional governance
The American Bar Association’s Task Force for American Democracy has called for significant reforms to elections, civics education, and lawyers’ role in defending constitutional governance.
The report is the result of a two-year bipartisan project led by task force co-chairs Jeh C. Johnson, ex-US Secretary of Homeland Security, and J. Michael Luttig, a retired federal appellate judge. It also sought reform in nine other key areas: redistricting, election administration, election worker safety, voting access, election security, anti-disinformation initiatives, frivolous litigation, law school training, and civil discourse.
The report recommended that federal and state governments significantly bolster their investment in K–12 civics, implement improved instructional requirements, and uphold the bipartisan Civics Secures Democracy Act. It also suggested establishing independent, citizen-led redistricting commissions to prevent partisan gerrymandering.
The report urged states to introduce open primaries, ranked-choice voting and/or fusion voting to limit polarization and bolster accountability. It also sought the depoliticization of election officials, setting professional standards and codes of responsibility.
The report encouraged federal funding and enhanced state protections for election workers, preventing threats and interference. It also called for automatic and same-day registration to be expanded and for early and mail voting procedures to be standardized; moreover, it urged greater Election Day Holiday Act support to bolster participation.
The report recommended the requirement for hand-marked paper ballots or paper audit trails, as well as a mandate for strict post-election audits. It also suggested backing the Protect Elections from Deceptive AI Act to limit political deepfakes and necessitate the disclosure of AI use in content production.
The report called for the affirmation of lawyers’ rule of law obligations; it also recommended the expansion of CLE programs and the development of accessible, credible election law resources. Moreover, it called for the incorporation of law school curricula centered on maintaining democracy and the rule of law.
The report suggested a three-judge panel mandate and expedited appeals for election challenges. It also advocated for initiatives like “Disagree Better” to drive respectful debate.
“The rule of law is the bedrock of our democracy. At this critical moment in our nation’s history, lawyers have a unique responsibility to uphold it. With over 1.3 million lawyers in the United States, we must be on the frontlines of protecting our constitution and ensuring free and fair elections,” said ABA past president Mary L. Smith in a statement.
Smith had set up the task force during her presidential term. While putting together the report, the task force referred to two years’ worth of hearings and conducted listening tours across states.
The task force worked together with secretaries of state, law schools, and bar associations.
“America’s democracy and rule of law are under attack for the first time in our history. These cornerstones of our republic will endure only if we choose to defend them, and the legal profession must answer our country’s call to lead in that defense,” Luttig said. “America’s lawyers must position themselves on the front lines of this war and fight to preserve, protect and defend our sacred Constitution and rule of law. This is the defining professional moment of our lives and of our times.”
