The Voting News

Sometimes it seems as though the only thing that stands between a functioning democracy and a full-on Trump autocracy is a thin, black-robed line.Although the Supreme Court, in general, and conservative appellate courts, in particular, have bowed and granted President Trump permission to do pretty much anything he wants, they haven’t thoroughly capitulated to his endless grasping for ever more power. (The way invertebrate congressional Republicans have.)At the lower-court level, judges have repeatedly ruled in ways intended to check Trump, most notably when it comes to violating civil and constitutional rights in pursuit of his indiscriminate immigration dragnet.The tendency to slow-walk his administration’s response to those rulings — and ignore others that Trump thinks he can safely snub — only contribute to the perception of presidential lawlessness and a sense that our judicial system is being strained to something approaching a breaking point.Go ahead, if you’d like, and dismiss those concerns as just so much overwrought hand-wringing, or the mindless anti-Trump blathering of your friendly political columnist. A new survey of legal experts — including federal judges, top-tier lawyers and scores of professors from some of the country’s leading law schools — finds widespread concern about the brittle state of our legal system. Read Article

Arizona: Maricopa County recorder threatens felony charges over ‘unauthorized’ drop boxes ahead of primary election | Sasha Hupka/Votebeat

A messy and longstanding feud between Maricopa County Recorder Justin Heap and the Maricopa County Board of Supervisors over control of the key swing county’s elections has spilled over into a new arena. On Wednesday, Heap sent a letter to the board asserting his office’s authority over ballot drop boxes and warning that election workers who handle ballots deposited in “unauthorized” receptacles could face criminal penalties. The letter, written by Heap’s attorney, arrived hours before county supervisors were set to take up a routine vote on drop box locations for the July 21 primary. It set the stage for a lengthy and fiery meeting that put the divisions between the county’s mostly GOP officials on full display. The spiraling saga is amplifying questions about how effectively top county officials will be able to administer this year’s midterm election. Read Article

National: Trump official tried to ban half of US voting machines, citing conspiracy theories | Erin Banco, Jonathan Landay and Alexandra Alper/Reuters

U.S. President Donald Trump’s election-security czar last year sought to ban voting machines used in more than half of U.S. states by asking whether the Commerce Department could declare their components national-security risks, according to two people with direct knowledge of the matter. White House adviser Kurt Olsen, a lawyer Trump has tasked with proving widely debunked election-rigging conspiracy theories, pushed the plan to target Dominion Voting Systems machines. The idea emerged, the sources said, as Olsen and other officials brainstormed about how ‌the federal government could take control over elections from U.S. states, an idea Trump publicly aired. Olsen wanted a national system of hand-counted paper ballots, the sources said, a frequent Trump demand some election-security experts say would be less accurate and potentially riskier than the current system of machines with auditable paper trails that almost all cities and states use. The plan to exclude the machines, reported here first, got far enough that in September, Commerce Department officials began exploring what grounds could be invoked to execute it, three additional sources said. It eventually collapsed, however, because Olsen and other administration staffers working with him failed to provide evidence to justify such a move, two of the sources said. The episode is part of a far-reaching Trump administration push to encroach on state and local governments’ authority to run elections – which is granted to them in the U.S. Constitution to prevent the executive branch from seizing power.Read Article

California’s overseas voters face new barriers after Trump administration cut key program | Sara DiNatale/San Francisco Chronicle

It’s never been easy to cast an absentee ballot from inside a military submarine. But now that the Trump administration has eliminated a crucial mechanism to return absentee ballots, overseas voting requires even more of a herculean effort. It’s an archaic reality: California’s absentee voter laws rely heavily on fax machines and the U.S. Postal Service. For military members in far-flung deployments or at sea, where the Postal Service is unreliable to nonexistent, the Department of Defense’s free email-to-fax service was a lifeline to democracy for the last 36 years. The Department of Defense in August announced, without explanation, it was cutting the fax service as the administration axed federal programs it said constituted wasteful spending. The voters who used the program are now facing their first election cycle without it. “We’re thinking of the military voters who will no longer be able to cast their ballots in time,” said Sen. Sabrina Cervantes, D-Riverside, who is attempting to reform state absentee voting law in the Legislature. “We want to make sure we aren’t abandoning Californians who are deployed abroad or serving overseas.” Read Article

National: Election Officials Warn of Rising Threats As Security Funding Declines Ahead of Midterms | Kaitlin Bender-Thomas/The Fulcrum

Election officials warned lawmakers on Wednesday that threats against election workers and voting systems are escalating even as federal funding for election security remains far below 2020 levels, posing risks ahead of the 2026 midterms. In 2020, Congress allocated $425 million for election security grants, compared to $15 million in 2025 and $45 million this year. The Trump administration has also proposed a $707 million cut to the CyberSecurity and Infrastructure Security Agency’s fiscal 2027 budget and ended the agency’s election security support for state and local governments. These concerns were raised during a House Subcommittee on Elections hearing on election security. Thomas Hicks, chairman of the Election Assistance Commission, which distributes federal funds to states and territories to improve election administration, said election workers across the country have faced phishing attacks, bomb threats, and swatting incidents — false emergency reports intended to trigger large police responses at polling locations. Read Article

National: The Justice Department wants to interview 2020 election workers | Katelyn Polantz and Tierney Sneed/CNN Politics

The Justice Department wants to interview some poll workers and ballot counters who participated in the 2020 election in Fulton County, Georgia, in a new effort to dig up details about the ballot-processing, prosecutors revealed at a court hearing last week. A prosecutor working with a grand jury in Fulton County told a federal judge on May 19 that once the Justice Department has names and addresses of 2020 election workers in the investigation, federal investigators would try to talk to the workers. The unusual investigative approach could potentially reinflate fraud theories that have been roundly rejected by several voting and law enforcement authorities about the result of the 2020 election, which President Donald Trump continues to want to avenge. Read Article

South Dakota: Snowbirds allege poll workers changed them to federal voters without instruction to prove residency | Makenzie Huber/South Dakota Searchlight

A couple who spend winters in Arizona and the rest of the year in South Dakota said they were given a federal-only ballot and denied a state-local ballot when they tried to vote in person last week at the Minnehaha County administration building. Instead of retaining their Hartford home when they retired and started traveling south for the winter, Steve Nolte and Kelly Stewart sold their home four years ago, bought a recreational vehicle, and parked it year-round at a South Dakota lakeside resort. They use a mail-forwarding service in Sioux Falls, and they’re registered to vote in Minnehaha County. Since January, state law requires that anyone who lists only a mail forwarding address or post office box — without describing where they actually live — be registered as a federal-only voter when they register or request an absentee ballot. That means the person can only vote in federal contests such as presidential and congressional races — not other statewide, legislative, county, city or local races or ballot questions. The law was motivated partly by some legislators’ opposition to full-time RVers voting in local and state races. Read Article

Texas: Calm, not chaos, as Dallas County voters cast ballots in runoff with countywide system | Tracey McManus/The Dallas Morning News

Voting unfolded slowly but smoothly in Dallas County’s runoff on Tuesday, a change from the chaos that took place during the March 3 primary election. After the county Republican Party forced a switch to precinct-based voting, thousands of confused voters from both parties, accustomed to the vote-anywhere system, were turned away from polls and redirected to their neighborhood voting sites. Making matters worse, some voters were sent to the wrong polls by incorrect maps on the Secretary of State’s website and others received bad information from navigators stationed at voting sites. It prompted former Republican Party Chair Allen West to amend the GOP’s contract with the county to revert to the countywide system for the runoff, citing a fear of being sued for voter disenfranchisement. Because county officials control early voting in Texas, the Republicans’ push for precincts applied only to the primary and runoff election days. Read Article

Were the Constitution’s Authors a Little Too Optiistic? | Adam Liptak/The New York Times

The men who drafted the Constitution knew they were playing with fire when they created a novel and powerful new office: the president of the United States. “The first man put at the helm will be a good one,” Benjamin Franklin said at the Constitutional Convention in June 1787, referring to George Washington. “No body knows what sort may come afterward. The executive will be always increasing here, as elsewhere, till it ends in a monarchy.” The framers were not blind to the danger that they were creating a new kind of king, and the Constitution they adopted a few months later tried to strike a balance in inventing what was then a wholly novel office. They wanted a president who was decisive, responsive and responsible. But they also sought to establish a constitutional structure able to constrain a president who aspired to be a monarch. Read Article

National: Judge refuses to block Trump executive order that limits mail voting | Nicholas Riccarddi/Associated Press

A federal judge has declined to halt President Donald Trump’s executive order creating a federal voter list and limiting mail voting, clearing the way for potential sweeping changes in how American elections are run shortly before this year’s midterm elections. U.S. District Judge Carl Nichols, a Trump appointee in Washington, late Wednesday rejected the request by Democrats and civil rights groups that had argued Trump’s order would likely be found unconstitutional because the states and Congress, not the president, have the power to set election rules. Nichols agreed with the Republican Trump administration’s contention that it was too early to block the order because it has yet to be implemented. Nichols’ ruling leaves the door open for further challenges when the Trump administration moves to implement the president’s directive. A separate lawsuit seeking to block the executive order is underway in Boston. No matter how rapidly the administration acts, no voting changes are expected during primary elections, which continue into next month. Read Article

Maryland: Vendor error causes mass redo of mail-in ballots | Racquel Bazos/The Baltimore Sun

The Maryland State Board of Elections is sending new mail-in ballots to every voter who requested one after a vendor error mixed up some voters’ party affiliations, elections officials said Friday. Though it’s possible that not every mail-in ballot was incorrect, according to the State Board, election integrity and security demands resending all the ballots. Only voters who got their mail-in ballots before May 14 might be impacted, the board wrote. “We are diligently working to address this error and provide clear instructions to those affected as quickly as possible,” Jared DeMarinis, state administrator of elections, said in the Friday announcement. “The State and Local Boards of Elections remain committed to running an election that is verified, secure and accurate. Mail-in voting is an integral facet of the electoral process. With over 500,000 voters requesting mail-in ballots, we want to eliminate any doubt in its integrity or accuracy that is why I have arranged the sending of replacement ballots,” he said.. Read Article

National: OpenAI heralds cybersecurity, election interference safeguard plans for 2026 midterms | Tim Sparks/CyberScoop

OpenAI on Wednesday hailed its plans to safeguard information and aid cybersecurity defenders in the 2026 midterm elections, including work to combat deepfakes and other forms of artificial intelligence misuse. The announcement builds on commitments from major tech companies in 2024, including OpenAI, to protect elections from AI-infused election interference — efforts that some thought weren’t enough. Government agencies, non-governmental institutes and others have increasingly warned about AI’s ability to have a negative impact on elections even as they advertise its potential for good. OpenAI’s plan has five planks: spreading reliable information about voting and election results, helping with cybersecurity, watermarking deepfakes, enforcing policies that ban users from deploying its tools for election interference, and weeding out political bias in its models. Read Article

California tries to block Trump involvement in election procedures | Laurel Rosenhall/The New York Times

Six days before the California primary, Gov. Gavin Newsom signed legislation on Wednesday intended to safeguard elections after federal officials and local sheriffs took unusual steps in the last year to seize ballots from election offices.The new law, which takes effect immediately, would not stop officials who have a warrant. But Newsom described it as a way “to address the legitimate anxiety” over election security amid attempts by the Trump administration and the president’s allies to tamper with results and sow doubt in the mechanics of democracy.The governor, a Democrat whose popularity has soared as he’s taken a more combative stance against President Donald Trump, listed various actions taken by Trump to explain the need for the bill. Read Article

National: Ballots Have Been Seized Across the US. No One Knows What Will Happen Next | Kim Zetter/WIRED

As US voters look to the November midterms, the Trump administration is obsessed with looking back to past elections, seizing ballots cast years ago in several states in search, it claims, of fraud or other malfeasance. But experts believe the goal may be more varied. The seizures began in January when FBI agents armed with a warrant raided an election facility in Fulton County, Georgia, and grabbed 600 boxes of ballots from 2020. This was followed in March by the Department of Justice obtaining ballot images from 2020 in Maricopa County, Arizona, and—citing claims about supposed fraud in 2020—demanding ballots from the 2024 election in Wayne County, Michigan. Read Article

National: Trump so far failing in quest for power over elections as midterms approach | Jonathan Shorman/News From The States

AAs President Donald Trump tries to assert power over U.S. elections, he has raged on social media, cajoled Republican lawmakers and unleashed the Department of Justice on his political enemies. What has he accomplished with all that effort? Not a lot. Six months before the November midterm elections, the Trump administration’s quest to exercise authority over the contests and impose sweeping restrictions on voters has proved largely unsuccessful. The aggressive campaign — separate from Trump’s more effective foray into redistricting fights — has been stymied by the courts, rebuffed by many state election officials and opposed by key Republican senators. “I think there’s many out there who are worried about the constant drumbeat of what the administration is trying to do and what they might do in the future. I hear this from voters, I hear this from election officials,” said David Becker, executive director of the nonpartisan Center for Election Innovation & Research. “And what I see is that there is a vast chasm between wanting to do something and trying to do something and actually successfully doing it.” Read Article

GOP redistricting confuses voters and burdens election officials | John Hanna and Jack Brook/Associated Press

Thousands of Louisiana voters have already cast early ballots for congressional candidates in what soon could be the wrong districts. Alabama’s primaries are a week away, but the state plans a do-over for voting on U.S. House races. A new congressional map in Tennessee upended races that had been underway for months. Republicans’ rush to gerrymander congressional districts across several Southern states after a U.S. Supreme Court ruling hollowed out the Voting Rights Act is confusing voters and creating logistical headaches for local election officials. The changes are hitting while primary season is in progress. The chaotic upheaval to an election season that could determine which party controls the U.S. House is the latest fallout from an intensely partisan gerrymandering battle initiated by President Donald Trump last year to protect Republicans’ slim majority. Read Article

National: Republicans who denied 2020 election results could be governors next year | Dan Merica, Patrick Marley and Clara Ence Morse/The Washington Post

Political figures who took leading roles in trying to overturn the 2020 presidential election appear on track to win the Republican Party’s nomination for governor in several of the country’s biggest battleground states, including Arizona, Pennsylvania and Wisconsin. Their prominence shows how President Donald Trump’s baseless claims that the election was stolen have become an article of faith within the Republican Party, more than five years after he lost to Joe Biden. And it means victories in this year’s midterm elections would give Trump supporters who were central to his efforts to overturn the election key oversight roles in the 2028 presidential election, for which states hold main authority. The GOP fields for governor include activists who took vocal, and sometimes official, actions in support of Trump’s efforts to claim victory in 2020, a sheriff who recently seized ballots in California, and members of Congress who voted to reverse the 2020 results and backed a lawsuit seeking to do the same. Read Article

National: Lawyers aim to block Trump order that would create eligible voter list | Michael Kunzelman and Nicholas Riccadi/Associated Press

President Donald Trump exceeded his authority when he issued an executive order to restrict voters’ ability to cast ballots by mail, attorneys for Democrats and civil rights groups told a federal judge on Thursday. U.S. District Judge Carl Nichols didn’t rule from the bench on the plaintiffs’ request for an order blocking officials from implementing Trump’s March 31 order, his second related to elections since winning his second term in the White House. The case is one of multiple lawsuits filed to block the order on the grounds that only states and Congress, and not the president, are given power under the Constitution to decide how elections are run. Trump’s initial executive order to revamp elections by requiring documentary proof of citizenship, issued last year, was largely halted by multiplefederal judges on similar grounds. He issued his latest order only after the voting bill he backed stalled in Congress. The current legal fight comes as the country is in the midst of primary elections and election officials are preparing for the intricacies of holding the fall’s midterm elections. Read Article

National: DOJ releases legal rationale for nationwide voter data collection | Derek B. Johnson/CyberScoop

The Trump administration released a legal opinion outlining the legal rationale behind its nationwide voter data collection efforts, justifying an aggressive federal role in vetting voter eligibility, a position courts have repeatedly rejected in related litigation. The memo, released Tuesday by the Department of Justice Office of Legal Counsel, concedes that while election administration is “primarily the purview of the states,” the administration’s efforts are a lawful exercise of federal oversight. Multiple federal courts have come to the opposite conclusion, dismissing half a dozen lawsuits from DOJ and the Department of Homeland Security that would force states to comply. Further, states have repeatedly confirmed through recounts, audits, investigations and lawsuits that the number of non-citizens registered to vote (and who end up actually casting ballots) in U.S. elections is infinitesimal. David Becker, executive director of the Center of Election Innovation and Research, noted in a post on BlueSky that “6 courts, including 2 judges appointed by the current president, think this ‘opinion’ isn’t worth the paper it’s written on.” Becker, a former DOJ senior trial attorney in the voting section of the Civil Rights Division, has consistently argued that the executive branch and White House have no legal or constitutional role to play in vetting state voter registration. Read Article

National: Trump thrusts the Postal Service back into his election fraud crusade | Gabe Cohen and Jeremy Herb/CNN