234 Pages of Sworn Affidavits: Legalism Without Politics in the Attempt to Overthrow the 2020 Election

Abstract

Abstract The lawsuits challenging the 2020 election tried and failed to overturn the results of the election. This article positions their contribution to constitutional decay by considering the affidavits filed by Republican election challengers who observed the processing of absentee ballots in Detroit. Using the concepts of legal consciousness and legal mobilization, this article traces the mechanisms that carried doubts about the election processes from politics to law, returning that doubt as legally acknowledged truth that could be deployed in ongoing politics. Features of the affidavits allowed the voter fraud narrative to borrow a legal concept seemingly detached from politics. Given that constitutional theories recognize strict legality as a tool of authoritarians, this article considers the affidavits’ use as a legal and political tool, indicating particular ways that it can be wielded for antidemocratic purposes.