November 4, 2020

ACS President Russ Feingold Calls for All Ballots to be Counted

Contact: Nancy Rodriguez

Washington, D.C. -- American Constitution Society President Russ Feingold released the following statement regarding the tallying of the 2020 presidential election results:

“Free and fair elections, and the orderly and peaceful determination and implementation of results are fundamental to our democracy’s survival. Now that the polls have closed, we must ensure that all ballots are counted in accordance with a lawful, accountable, and transparent process. Any election disputes must be resolved in a fair, open and orderly way in accordance with the law.

Sadly, we know the current administration is dead set against doing this.

Even before Election Day, the Right mounted legal challenges in courts across this country seeking to nullify ballots before they can be counted. The Supreme Court, with its newly installed 6-3 right-wing supermajority, has issued unsigned order after unsigned order limiting the right to vote, and issued decisions that ignore settled law that requires federal courts to defer to state courts in interpreting state laws and constitutions. President Trump has openly called on the Court, especially the justices he has nominated, to come to his rescue and keep legally cast ballots from being counted.

We must remain vigilant and speak out against any and all attacks on the election process and the rule of law in the days and weeks ahead. If the Right attempts to steal the election through captured courts, all who support our democracy and the rule of law must engage and defend our election system. We must explain that there may be delays at the polls and that it may take time — especially given the challenges posed by the pandemic — for all ballots to be counted and official results to be confirmed. We must exercise patience, civility, and restraint, so that the results of the elections can be determined in accordance with the rule of law and peacefully accepted by the American people. Doing otherwise would further divide our country and undermine our democracy.”


ACS believes that the Constitution is “of the people, by the people, and for the people.” We interpret the Constitution based on its text and against the backdrop of history and lived experience. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, and many others, we work to uphold the Constitution in the 21st Century by ensuring that law is a force for protecting our democracy and the public interest and for improving people’s lives. For more information, visit us at or on Twitter @acslaw