Talking Feds: “Nobody Cancels Elections. They Just Rig Them."

Date: March 12, 2026
Host: Harry Litman
Guest: Kim Shepley (Law and Normative Thinking, Princeton)

Episode Overview

This episode of Talking Feds features an in-depth, one-on-one conversation between host Harry Litman and comparative law scholar Kim Shepley. They examine the global trends of democratic erosion and autocratic consolidation, focusing on parallels between the United States and countries such as Hungary, Poland, Brazil, and Venezuela. The discussion explores how modern autocrats seize and maintain power—often without outright canceling elections—and what strategies remain to defend democratic institutions in the U.S., emphasizing both historical lessons and forward-looking civic action.

Key Discussion Points & Insights

1. The Global Decline of Democracy

• Shepley contextualizes America's current experience as part of a global decline in democratic quality since the early 21st century.
• “America always is surprised to find itself part of global trends. But since the turn of the 21st century, the number of democracies in the world has been declining..." (02:06)

2. Playbook of the “New Autocrats”

• Autocrats like Viktor Orban (Hungary) take power through free elections, then quickly undermine checks and balances through legal channels: cutting funding, firing civil servants, and reshaping constitutions.
• Shepley draws a close comparison between Orban’s blitz strategy and recent U.S. executive actions, noting tangible connections: “I remember reading that in Project 2025, they were gonna do that. And the first thing I thought of is, this sounds a lot like Viktor Orban. [...] Orban's English language think tank [...] had a formal contract memorandum of understanding with the Heritage foundation...” (04:03–05:13)

3. Structural Features of Autocratic Takeovers

• The “blitz” approach—a rapid, overwhelming restructure of institutions—is essential for autocratic consolidation.
• “What they all shared in common was changing the entire Constitution in the first year to lock down power so that these guys could never be dislodged. That was the goal.” (05:58)
• In the U.S., this takes the form of mass executive orders and an intentional strategy to let lawsuits rise to a sympathetic Supreme Court: “Trump issued 225 executive orders in his first year. Only president who's ever done more than that is Roosevelt, who also led a constitutional revolution, by the way.” (06:37)

4. Court Packing and Paralysis of Democratic Institutions

• Discussion of how court appointments and legislative co-opting (e.g., shrinking legislature size in Hungary, party discipline in the U.S.) help autocrats maintain power.
• “He comes in with a constitutional majority ... They amended the Constitution 12 times in his first year ... changed the procedure for appointments to the high court, and they're packing the high court all at the same time." (07:25)
• Parallels in the U.S.: Trump’s ability to quickly appoint judges, court resistance to subsequent democratic reforms, and invented legal doctrines to hamper opposition.

5. Illusion of Choice: Elections Are Rigged, Not Canceled

• Even when polling shows the autocrat losing, the outcome changes due to electoral manipulation.
• “Orban's popularities around Trump's 30 to 40%. So what do you do? You rig the rules. [...] These days, people don't really stuff ballot boxes. They change the playing field, they change the ground rules, they affect the election, the machinery...” (11:59)
• Can apply to the U.S. via manipulation of election administration, groundwork for third terms, and legalistic efforts at extension of power.

6. U-Turns: Restoring Democracy

• Cases like Poland and Brazil are discussed as examples of democracies that temporarily overcame autocratic governments, but face profound institutional hurdles upon regaining power.
• “Poland had this pro autocratic government. [...] So the pro democratic government comes in, they're faced with a captured high court. [...] They've been in power now three years, they've accomplished nothing. [...] It's almost the Biden phenomenon, right, where you can get elected, but then you're faced with these captured institutions...” (14:17–15:45)
• Brazil: Removal and prosecution of Bolsonaro, but ongoing threats as his party remains strong, evincing the fragility of restoration.

7. The Role of the People and Federalism

• Shepley emphasizes that state-level action and popular resistance matter—especially as federal avenues are closed off.
• Blue states and attorneys general have become consequential in defending democratic norms, leveraging strong state constitutions and local laws: “I've been leaning into US Federalism, frankly, because ... the blue state attorneys general have been among the most active litigants in a lot of these battles..." (18:37)
• Direct state-level pushback possible (against ICE overreach, for example), and constitutional protections for voting stronger in some states than federally.

8. Urgency: Critical Juncture and What Is to Be Done

• The current moment is likened to a point-of-no-return, with an urgent need to safeguard free elections at all levels before further institutional rot sets in.
• “Making sure elections remain free and fair now that the institutions are crumbling, that's all we got left. [...] The last thing we have to grab onto are free and fair elections. This is where it's going to be absolutely crucial for ordinary citizens as well as state governments, right, to stand up to this..." (23:58)

9. Nonviolent Civil Resistance

• Civil society and small-scale, focused civil disobedience are critical tools.
• “You don't need the masses and you don't need an official position to be able to do crucial things ... We need people to be brave and have their eyes open and to think about how to insert themselves into this system, always peacefully, to try to stop the autocratic consolidation..." (27:59)

10. Signs of Hope: America’s Root System of Civil Society

• The U.S. has unique resilience in its extensive and decentralized civil society, which can be activated through local networks—book clubs, neighborhood actions, protests at ICE raids or local issues.
• “The US has this amazing. I sort of think of it as a root system of civil society organization. [...] People talking about the stuff in their book clubs. [...] This reminds me, like after 9, 11 ... what you saw was this kind of spontaneous rising of people connecting with other people at this incredibly local level." (29:52–31:20)
• If the “pillar” institutions are knocked down, these “roots” can nourish future efforts to rebuild democracy.

Notable Quotes & Memorable Moments

• “Nobody cancels elections, they just rig them behind the scenes...” – Kim Shepley (04:23)
• “The autocratic consolidation lane here is hiring and firing powers of the president, does he have to spend the money that Congress gave him? ... All those things are autocratic consolidation lane stuff.” – Kim Shepley (10:20–10:54)
• “We need people to be brave and have their eyes open and to think about how to insert themselves into this system, always peacefully ... if we lose free and fair elections, then we've lost the ability for the peaceful transfer of power, and then you're really in a pickle...” – Kim Shepley (27:59–28:54)
• “What you do have the leverage to do though, is just talk to your friends and neighbors. [...] This kind of very local, whatever networks you've got, this is the moment to turn those networks into roots of strength.” – Kim Shepley (31:20–32:51)
• “Democracy defense first. And then we go back to fighting over our traditional left right battles.” – Harry Litman (26:23)

Timestamps for Important Segments

• Global Democratic Decline & Orban’s Playbook: 02:06–05:26
• Blitz Strategy & Court Packing: 05:26–08:36
• Paralysis of Democratic Institutions & U.S. Parallels: 08:36–10:54
• Rigged Elections & U.S. Prospects: 11:59–13:11
• Restoration (Poland, Brazil) and Its Limits: 14:17–17:46
• Popular Resistance & State Federalism: 18:37–21:42
• Urgency, Civil Society, and Local Action: 23:58–32:51
• Closing Thoughts & Hope in Civil Society Roots: 29:52–33:33

Tone and Final Takeaways

The conversation is candid and bracing, informed by international comparative law and lived experience. While Shepley is clear about the gravity and advanced stage of American democratic backsliding, she offers hope rooted in the country’s robust civil society and the potential for local action. The essential message: defending democracy now requires extraordinary civic engagement, legal creativity, and the building of community “roots” from which future renewal can spring.