Editorials: Why did Kansas discard nearly 14,000 ballots in the 2016 election? | The Kansas City Star

On Thursday, Sen. Chuck Schumer of New York urged the White House to disband its misnamed Election Integrity Commission, whose vice chairman is Kansas Secretary of State Kris Kobach. Otherwise, Schumer said, he’ll try to block the commission by forcing its demise in an amendment to must-pass legislation, such as an increase in the debt ceiling or a government funding bill. We’re not big fans of using must-pass bills as trees on which to hang unrelated legislative ornaments. But the senator is right to call for the dismantling of the already-discredited commission. The effort to verify President Donald Trump’s claim that millions of Americans voted illegally is a waste of time and money. Instead, Americans should support Schumer’s alternative: public hearings on the status of voting rights.

Michigan: Complaint claims state elections bureau illegally assisted redistricting group | MLive

A Republican strategist has filed a complaint against Michigan's Bureau of Elections alleging state officials acted improperly when advising the group pushing for an independent redistricting commission on the 2018 ballot. Robert LaBrant, who currently serves as counsel for the Lansing-based Sterling Corporation, submitted the complaint Thursday. He wrote the bureau's review of the petition language submitted by the group Voters Not Politicians was a "misplaced, over-zealous attempt at being customer friendly even though the service the bureau provided VNP is illegal." 

New Hampshire: Gardner invites Schumer to fraud commission meeting | Union Leader

Secretary of State Bill Gardner has invited Senate Minority Leader Charles E. Schumer of New York to address President Trump's Advisory Commission on Election Integrity when it meets in New Hampshire next month. The invitation comes days after Schumer, in a national opinion column, called on Trump to disband the commission saying it was critical in the wake of the racist march on Charlottesville that turned deadly this month. "We need more than just words - we also need action," Schumer (D-N.Y.) wrote in an opinion piece first published at Medium. "And I believe that one important way that Congress can begin to heal this painful divide in our country when we return in September is by showing that we can come together to stop the systemic disenfranchisement of American voters."

North Carolina: State Supreme Court hears bellwether redistricting and voting rights cases | News & Observer

The state Supreme Court will hear two cases on Monday that could determine how much power North Carolina lawmakers have as the 2018 elections approach. Gov. Roy Cooper has asked the seven justices to review a three-judge panel’s decision that upheld the merger this year of the state elections board and ethics commission, a case that could determine whether Republicans will have leadership on elections boards at the state and county level during presidential election years when North Carolina voters also elect their governor. Another case that will go before the state’s highest court on Monday is a redistricting challenge sent back to the justices earlier this year after the U.S. Supreme Court affirmed federal court rulings finding unconstitutional racial gerrymandering in 28 state legislative districts and two unconstitutional gerrymanders in place from 2011 to 2016.

Oregon: Legality of Oregon Secretary of State Richardson’s election rule change questioned | The Register-Guard

A change in the rules for collecting initiative petition signatures in Oregon, proposed by Secretary of State Dennis Richardson, may be on shaky legal ground, according to a preliminary analysis by the Legislature’s lawyers. Richardson, a Republican, wants to let the backers of initiative petitions start gathering signatures before their ballot title — the neutral, summarized descriptor of what the measure would do — is finalized. Under current practice, backers must wait until their ballot title is approved by either the Oregon attorney general or the state Supreme Court, a process that can be lengthy due to legal disputes about what wording is the most accurate and fair.

Texas: After losses on voting laws and districting, Texas turns to Supreme Court | The Washington Post

The state of Texas is in the midst of an extraordinary losing streak in federal courts over the way it conducts elections. It is hoping the Supreme Court will come to the rescue. In the past couple of weeks, federal judges in four separate cases ruled that the Texas Legislature discriminated against minorities in drawing congressional and legislative districts, setting ID requirements for voters and even regulating who can assist voters for whom English is not their first language. Two courts are considering whether the actions intended to discourage African American and Hispanic voters. If the courts find that the efforts were intentional, it could return Texas to the kind of federal oversight from which the Supreme Court freed it and other mostly Southern states in the landmark 2013 decision in Shelby County v. Holder.

Editorials: A judge ruled Texas’s second try at voter ID laws is illegal. She’s right. | The Washington Post

A federal judge ruled Wednesday that Texas’s voter identification law is illegal. Again. U.S. District Judge Nelva Gonzales Ramos had previously repudiated the state legislature’s toughest-in-the-nation ballot ID law, and the appeals court above her largely agreed. Now she has found that the state’s second try at imposing voter ID rules is not good enough, either. She is right. Ms. Ramos found previously that the forms of ID the state would accept made things disproportionately more difficult for minority voters. Polling workers would accept gun licenses, which white people are more likely to carry. But they would not accept other forms of state-issued ID that minority voters might have in greater proportion. In fact, the list of acceptable ID was exceptionally narrow, especially compared with other states. After negative court rulings, the state expanded the list slightly — but not “meaningfully,” Ms. Ramos found. The discriminatory effect still existed.

Angola: Opposition to contest election loss in court | AFP

One of Angola's main opposition parties plans to contest the results of last week's general election, alleging unfair conduct during the vote that kept the ruling party of former president Jose Eduardo Dos Santos in power. The ruling MPLA party won just over 61 percent of the votes cast on Wednesday and about 150 of the 220 seats in Parliament, according to election commission officials, which would put a Dos Santos loyalist, Joao Lourenco, in the presidency. But the National Union for the Total Independence of Angola (UNITA) has accused the government of manipulating the vote, for example by depriving opposition groups of media access.

Germany: CDU, SPD and Greens use big data to target Bundestag voters | Deutsche Welle

The Christian Democrats and Social Democrats are going door-to-door collecting voter information. They are hoping to gain access to the electorate in a way that was once unthinkable under Germany's strict privacy laws. Cornelius Golembiewski takes an iPad and a smartphone with him when he goes door-to-door for the Christian Democrats (CDU). On the iPad, he sees a map of his hometown, Jena, covered in green spots. The green indicates clusters of houses where potential CDU voters are likely to live.

Kenya: Court orders scrutiny of electronic vote-count systems | Reuters

Kenya’s Supreme Court ordered the elections commission on Monday to allow the opposition, which is disputing the results of this month’s presidential vote, have access to its computer servers and electronic devices used in the vote-count. Election authorities say President Uhuru Kenyatta easily won a second term in the Aug. 8 polls by 1.4 million votes. A parallel tally by independent monitors based on a sample of around 2,000 polling stations produced a similar result. But opposition leader Raila Odinga is disputing these results, which sparked scattered protests in parts of Kenya. The protests, which dissipated within days, had raised fears that political violence could again destabilize the region’s biggest economy, as it did following a disputed election in 2007.

The Voting News Weekly: The Voting News Weekly for August 21-27 2017

An NBC News investigation revealed that election officials in the most heavily populated counties of three crucial swing states – Arizona, Pennsylvania and Michigan – still haven’t received formal training on how to detect and fight attacks. Election security experts stress the importance of training local election officials on how to avoid cybersecurity risks noting in particular “spearphishing” emails that appear to be legitimate, perhaps from Google or an internet service provider, but are meant to extract passwords and other private information from the victim. “Phishing attacks are a form of social engineering,” said University of Michigan election security expert J. Alex Halderman. “The one very important thing is to train people about what they are, how to recognize them, and how not to fall for them.”

A bill passed out of the Senate Intelligence Committee contains key provisions designed to defend the electoral process from Russian meddling and other foreign interference. The bill, introduced by Intelligence Committee Chairman Sen. Richard Burr (R-N.C.) states that within 90 days of the legislation’s passage, theDirector of National Intelligence must coordinate with other relevant officials and agencies to develop “a whole-of-government strategy for countering the threat of Russian cyberattacks and attempted cyberattacks against electoral systems and processes in the United States, including federal, state, and local election systems, voter registration databases, voting tabulation equipment, and equipment and processes for the secure transmission of election results.”

Computer security expert Matt Bishop responded to a New York Times op-ed by James Woolsey and Brian Fox that proposed using “open-source systems that can guard our votes against manipulation.” Bishop cautions out that in fact, “open-source systems are only one step towards guarding our votes against manipulation—and the hypothesis that using open source software will by itself improve security is questionable at best.”

As revelations mount about the vulnerability of the U.S. election system and Russian attempts to infiltrate it, lawsuits like the one seeking to overturn the special election run-off in Georgia’s 6th District may become more common. The bi-partisan plaintiffs contend that fact that the state’s voter database was exposed to potential hackers for at least eight months should invalidate the results. Cybersecurity researcher Logan Lamb, who discovered the security flaws on the Secretary of State’s website, said in an interview that he believes the website was also vulnerable to a well-known hack and the server was not secure.

According to data collected by the Election Assistance Commission, Kansas discarded at least three times as many provisional ballots as any similarly sized state did. Critics of Kansas’ election system argue its unusually high number of discarded ballots reflects policies shaped over several elections that have resulted in many legitimate voters being kept off voter rolls in an effort to crack down on a few illegitimate ones. There is particular attention on Kansas now because its secretary of state, Kris Kobach, is co-chairman of Trump’s Presidential Advisory Commission on Election Integrity.

A federal district court rejected a claim by seven Maryland Republicans that the state’s 2011 redistricting violated their First Amendment rights, setting up another Supreme Court fight over the heavily litigated maps. 

National: Many County Election Officials Still Lack Cybersecurity Training | NBC

Despite Russia's attempt to hack the 2016 U.S. election and the voter registration systems of 21 states, an NBC News investigation reveals that election officials in the most heavily populated counties of three crucial swing states still haven't received formal training on how to detect and fight attacks. Election officials in three of Pennsylvania's four biggest counties — Philadelphia, Allegheny and Bucks, which together account for nearly a third of the state's voters — told NBC News they never received cybersecurity training, which experts say is crucial for officials to identify risks. NBC reached out to election officials in every county in Arizona, Pennsylvania and Michigan and got responses from 60 percent of the counties. Officials from all 15 Arizona counties responded, but only five said their officials had received cybersecurity training. In Pennsylvania, where 42 of 67 counties responded, eight counties said their workers had training. In Michigan, 40 of the state's 83 counties responded, and only 12 indicated receiving formal training.

National: Proposed legislation discourages Russia-U.S. cyber pact, while prioritizing election security | SC Magazine

A U.S. intelligence bill that recently passed committee in the Senate contains key provisions designed to defend the electoral process from Russian meddling and other foreign interference, as well as curtail any possible White House effort to form a joint cybersecurity unit with the Kremlin. Passed in the Senate Intelligence Committee by a 14-1 margin this past July and made public just days ago, the Intelligence Authorization Act for Fiscal year 2018 explicitly forbids the U.S. government from using federal resources to form a cyber partnership with Russia, unless the U.S. Director of National Intelligence (DNI) first submits a report that congressional intelligence committee members can review 30 days in advance of such an agreement. This key clause is a blatant rebuke of President Donald Trump, who fleetingly announced a U.S.-Russian cyber unit in July before backing off the idea amidst backlash.

Editorials: Open-Source Software Won’t Ensure Election Security | Lawfare

The technology behind elections is hard to get right. Elections require security. They also require transparency: anyone should be able to observe enough of the election process, from distribution of ballots, to the counting and canvassing of votes, to verify that the reported winners really won. But if people vote on computers or votes are tallied by computers, key steps of the election are not transparent and additional measures are needed to confirm the results. In a New York Times op-ed a couple weeks ago, James Woolsey and Brian Fox proposed using "open-source systems that can guard our votes against manipulation." Their hypothesis is that "open-source software is less vulnerable to hacking" than proprietary voting software because "anyone can see how open-source systems operate. Bugs can be spotted and remedied, deterring those who would attempt attacks. This makes them much more secure than closed-source models." This sounds reasonable, but in fact, open-source systems are only one step towards guarding our votes against manipulation—and the hypothesis that using open source software will by itself improve security is questionable at best.

Georgia: Election hacking suit over Georgia race could be sign of what’s to come | USA Today

First elections, then probes into hacking. Now, the lawsuits over election hacking. A group of Democrat and Republican voters in Georgia is suing the state to overturn its fiercely fought June special election, saying evidence the state's voter database was exposed to potential hackers for at least eight months invalidates the results. The lawsuit, which went to pre-trial conferences this week, could be a sign of disputes to come as revelations mount about the vulnerability of the U.S. election system and Russian attempts to infiltrate it. "As public attention finally starts to focus on the cybersecurity of election systems, we will see more suits like this one, and eventually, a woke judge will invalidate an election," said Bruce McConnell, vice president of the EastWest Institute and former Department of Homeland Security deputy undersecretary for cybersecurity during the Obama administration. Plaintiffs argue the disclosure in August 2016 by Logan Lamb, a Georgia-based computer security expert, that much of Georgia’s voting system was inadvertently left out in the open on the Internet without password protection from August 2016 to March 2017 should make the results moot. What's more, Georgia's use of what the plaintiffs say are insecure touch-screen voting computers, which they claim don't comply with Georgia state requirements for security testing, means the election results couldn't legally be certified, they say.

Kansas: Uncounted ballots fuel fears about Kobach’s proposals | Associated Press

A conservative firebrand promoting President Donald Trump's unsubstantiated claims of widespread voter fraud oversees a Kansas election system that threw out at least three times as many ballots as any similarly sized state did, fueling concerns about massive voter suppression should its practices become the national standard. Only six states - all among the top 10 in population - discarded more votes during the 2016 election than the 33rd-largest state of Kansas, according to data collected by the bipartisan U.S. Election Assistance Commission, a federal agency that certifies voting systems. Kansas' 13,717 rejected ballots even topped the 13,461 from Florida, which has about seven times as many residents. Critics of Kansas' election system argue its unusually high number of discarded ballots reflects policies shaped over several elections that have resulted in many legitimate voters being kept off voter rolls in an effort to crack down on a few illegitimate ones.

Maryland: Federal court knocks down redistricting case as plaintiffs vow to appeal to Supreme Court | Baltimore Sun

A federal district court rejected a claim Thursday by seven Maryland Republicans that the state’s 2011 redistricting violated their First Amendment rights, setting up another Supreme Court fight over the heavily litigated maps. In a case closely watched by state political leaders, the court found the plaintiffs failed to meet the standard required to order an immediate redrawing of the boundaries. In a 2-1 decision, the court said it wanted to see the outcome of a separate gerrymandering claim from Wisconsin pending before the Supreme Court before deciding the Maryland lawsuit. “The time and resources necessary to implement a new map would surely have the effect of scuttling other legislative priorities in advance of the 2018 [legislative] session,” the court wrote. “The remedy would be highly consequential.”

North Carolina: Lawmakers move new GOP maps ahead, despite Democrats’ complaints | News & Observer

The maps that Republican leaders have proposed for electing N.C. General Assembly members in 2018 won approval on Friday from a key House committee and the full Senate, despite objections from Democratic lawmakers. There are more votes scheduled for next week. Each chamber must approve a set of maps that will then be sent to the panel of judges who ordered new district lines after finding 28 unconstitutional gerrymanders in the districts used for the past three election cycles. Rep. David Lewis, a Harnett County Republican leading the redistricting process, said he would not be surprised if new maps were not ratified until the day before the lawmakers have to report back to the federal judges who ordered them drawn again. The judges set a Sept. 1 deadline.

Texas: House map must be redrawn, federal court says | The Texas Tribune

Parts of the Texas House map must be redrawn ahead of the 2018 elections because lawmakers intentionally discriminated against minorities in crafting several legislative districts, federal judges ruled on Thursday. A three-judge panel in San Antonio unanimously ruled that Texas must address violations that could affect the configuration of House districts in four counties, where lawmakers diluted the strength of voters of color.  In some cases, the court found mapdrawers intentionally undercut minority voting power "to ensure Anglo control" of legislative districts. Adjusting those boundaries could have a ripple effect on other races.

Texas: Federal judge tosses new Texas voter ID law; state plans to appeal | The Texas Tribune

A federal judge has tossed out a new law softening Texas’ strict voter identification requirements. U.S. District Judge Nelva Gonzales Ramos on Wednesday ruled that Senate Bill 5, signed by Gov. Greg Abbott in June, doesn’t absolve Texas lawmakers from responsibility for discriminating against Latino and black voters when they crafted one of the nation’s strictest voter ID laws in 2011. The judge also ruled that the state failed to prove that the new law would accommodate such voters going forward. The Corpus Christi judge’s ruling is the latest twist in a six-year battle over Texas’ laws restricting what forms of identification are accepted at the polls, and it sets up a round of squabbling over whether the federal government should once again pre-approve the state's election laws. SB 5 was the Legislature’s attempt to wriggle free of consequences after courts found fault with its 2011 ID law.

Angola: Ruling party claims election victory | The Guardian

The ruling party in Angola has claimed a widely expected election victory, setting the stage for a change of leadership after decades of authoritarian rule by the cold war veteran José Eduardo dos Santos. Though final results from Wednesday’s voting were still being counted, the People’s Movement for the Liberation of Angola (MPLA) said it was on track to win a two-thirds parliamentary majority, based on its calculations. In Angola, political parties are allowed to observe the elections by posting party members at every polling station and by assimilating results, the parties attempt to predict the election outcome. Though the MPLA has yet to lose an electoral contest since a return to multiparty democracy 25 years ago, the real significance of the poll was that 74-year-old Dos Santos, who has ruled Angola for 38 years, did not stand as a presidential candidate.

Kenya: Opposition to tell court that technology enabled election fraud | Reuters

Kenya's opposition will argue before the Supreme Court that technology enabled rather than curbed election fraud, as it seeks to overturn a vote this month won by President Uhuru Kenyatta. Opposition leader Raila Odinga's National Super Alliance (NASA) said in a petition filed on Friday that results from more than a third of polling stations were "fatally flawed", in some cases because of irregularities in electronic transmission of paper results forms. The documents suggest the opposition will link alleged irregularities to the murder of Chris Msando, the election official overseeing information technology, days before the Aug. 8 election.

California: ACLU Sues Over Voters’ Discarded Ballots | Courthouse News

The American Civil Liberties Union says California election officials may have discarded over 45,000 ballots during the November 2016 election without notifying the affected voters. The ACLU sued California Secretary of State Alex Padilla and Sonoma County Registrar of Voters William Rousseau, saying the state’s practice of tossing ballots when voter signatures don’t match is a violation of the state Constitution. “By statutory mandate, tens of thousands of California voters, including petitioners, are disenfranchised each election without even knowing their fundamental right to vote has been usurped,” the ACLU said in its petition, filed Aug. 23 in the First Appellate District. California’s appeals courts have constitutional jurisdiction over cases of public importance that must be resolved quickly.

National: The Trump administration isn’t ready for the 2020 Census | The Washington Post

The census, one of the most important activities our government undertakes, is under threat by uncertain funding and a leadership vacuum at a crucial moment. As former directors of the U.S. Census Bureau, serving in both Republican and Democratic administrations, we urge President Trump to act swiftly and the Senate to cooperate in naming a new director as the 2020 Census nears. The immediate task is to nominate someone who can provide stability through the final years of the decade, explain the importance of the agency’s mission compellingly, address Congress’s fiscal concerns and be ready for full immersion in the important tasks at hand.

Editorials: It’s time to start punishing public officials who disenfranchise voters | Catherine Rampell/The Washington Post

In the federal government and in most states, there are consequences when governments deprive Americans of their constitutional right to liberty — through, say, wrongful imprisonment. So why aren’t there more meaningful consequences when states deprive Americans of their constitutional right to vote? Again and again, “voter fraud” has been shown to be virtually nonexistent. Yet in the name of eradicating this imagined scourge, state officials around the country have been systemically and aggressively disenfranchising American citizens. To prevent a handful of votes from possibly being cast illegally, officials purge thousands of eligible voters from state rolls, toss ballots and pass modern-day poll taxes.

Alaska: Activists express concerns over changes still needed for native voting rights | KTUU

Facing a civil rights advisory committee, multiple Alaskans expressed concerns over Alaska Native voting rights Thursday. From challenges with location to overcoming language barriers, a group of activists discussed some of the changes they say are still needed to improve Alaska Native voting rights, particularly for those in rural areas. In 2014, a ruling in a historic lawsuit shifted the way 29 communities of voters understand election information. As part of the settlement for the Toyukak v. Treadwell lawsuit voting materials were translated into Yup'ik and Gwich'in languages. Changes, Indra Arriaga, the elections language assistance compliance manager for the state of Alaska division of elections said could be seen in the 2016 Presidential Election.

California: A lawsuit claims absentee ballots were wrongly rejected because of ‘penmanship’ problems | Los Angeles Times

A lawsuit filed in a California appeals court on Thursday alleges the ballots of as many as 45,000 voters weren't counted in November because of the state's flawed rules for verifying the signatures of those who vote by mail. The lawsuit was filed by the American Civil Liberties Union of Northern California on behalf of a Sonoma County voter who said his ballot wasn't counted after his signature on the ballot envelope was deemed to not match the one that elections officials had on file. "People should not be denied their right to vote because a government official doesn't like their penmanship, but that’s exactly what is happening in California," said Michael Risher, an ACLU staff attorney, in a written statement.

California: Democrats push new election rules to help Josh Newman | The Sacramento Bee

Senate Democrats have put forward another bill to boost the political prospects of embattled state Sen. Josh Newman, the target of a well-funded recall effort on the verge of qualifying for the ballot. The effort to oust Newman, D-Fullerton, began soon after his April 6 vote for a road-funding plan that will raise taxes on gas and diesel fuel and increase vehicle fees by billions of dollars. Newman, who represents an area that has long had Republican representation, won election last fall by just 2,498 votes. Kicking him out would eliminate Democrats’ two-thirds edge in the Senate – and the ability to raise taxes and put constitutional amendments on the ballot without GOP support.

Florida: Corcoran gets push-back on public campaign finance repeal | Palm Beach Post

Florida Senate Appropriations Chairman Jack Latvala was quick to respond this week to House Speaker Richard Corcoran’s call to abolish public financing for statewide elections. Corcoran, R-Land O’Lakes, wants the Constitution Revision Commission to place a measure on the 2018 general election ballot that would eliminate the financing system, which offers to candidates matching state funds for individual contributions up to $250. Under the system, candidates also pledge to cap their overall expenditures. Corcoran, who is considering a run for governor, called the system “welfare for politicians,” noting that more than $10 million in public funding supported candidates running for governor and the three state Cabinet seats in the 2010 and 2014 elections. But Latvala, a Clearwater Republican who is an announced candidate for governor and might use public financing in his campaign, said it is a non-issue in a race that should focus on the bigger problems facing the nation’s third-largest state.