Voting Blogs: Counting Ballots Pursuant to Law is Not Stealing an Election | Steven F. Huefner /Election Law @ Moritz

It has been less than 72 hours since polls closed on the 2018 congressional midterm elections, and for candidates and their supporters who do not yet know the outcome of close contests, patience – not unsubstantiated or false allegations of election rigging – MUST be the order of the day. As any close observer of U.S. elections knows, once the polls close each state then conducts a carefully structured process of tallying the votes. Critically, as any close observer also knows, the Election Night “results” are not only unofficial, they are also still entirely preliminary and will almost inevitably change, perhaps considerably. With the dramatic rise in the use of mail-in absentee voting over the past decade, election officials increasingly must deal after Election Day with a significant volume of paper ballots that have arrived around Election Day (each state sets its own rules for when the ballots must arrive). Meanwhile, provisional ballots also require individual review and processing after Election Day. These post-election processes are not some mere afterthought; rather, they are critical components of determining the official election outcome, and they must be respected as essential to the overall integrity of the election.

Alabama: Lawsuit demands black student votes be counted in Alabama | al.com

Attorneys representing black students at Alabama A&M University filed a federal lawsuit Friday asking that the students’ votes in this week’s mid-term election be counted. As evidence, the lawsuit includes screen shots of the Alabama Secretary of State’s website showing the four students filing the lawsuit as ineligible the day of the election and eligible two days later. Secretary of State John Merrill is the state’s chief election officer responsible for the balloting, and the lawsuit names him and Madison County Board of Registrars Chairman Linda Hairston as defendants. It was filed in federal court in Huntsville Friday by the NAACP’s Legal Defense Fund. Hairston and Merrill declined comment early Friday afternoon.

Arizona: How many Arizonans couldn’t vote because they were purged? | Arizona Republic

How many Arizonans were unable to vote in the general election because they were purged from the rolls over out-of-date addresses that stemmed from violations of federal voting laws? State elections officials told The Arizona Republic this week that they had no way of knowing because there is no process to track voters affected by the routine removals. The Arizona Secretary of State’s Office knew before Tuesday’s election that the registrations of about 390,000 Arizonans since November 2016 were not automatically updated when they changed the address on their driver’s licenses — a requirement under the National Voting Registration Act of 1993, unless a voter opts out of such updates. Some of those voters might, however, have cast provisional ballots, which can be counted if elections officials determine after the fact that they are legitimate. As of Friday, an estimated 50,000 provisional ballots have been cast across Arizona with an additional 11,000 out-of-precinct ballots from Maricopa County voting centers. This estimate does not include Mojave and Gila counties, which haven’t released data yet.

Arizona: Republicans claim Arizona vote fraud | Arizona Republic

President Donald Trump and Republicans in Arizona and nationally are stoking claims of deliberate election fraud in the state’s U.S. Senate race as Martha McSally and Kyrsten Sinema await results of a vote that could swing in either’s favor. The tight race has left Republicans in jeopardy of losing a Senate seat in the state for the first time in 30 years.  Though McSally held a lead in early-vote totals, the tally flipped in Sinema’s favor Thursday night. Updated results Friday evening kept Sinema with a 20,000-plus advantage, but an estimated 360,000 ballots remain to be counted.   No group has brought forward allegations of specific criminal activity, although one Republican lawsuit addressed an equity issue over how early-ballot signatures are verified.  …  Amy Chan, former state elections director under Republican Secretary of State Ken Bennett, tweeted, “Unfounded allegations of voter fraud are totally irresponsible and should rightly be condemned because they shake voter confidence & can affect future participation. Voter fraud in my experience is almost nonexistent.”

Florida: Counties race to recount votes by Thursday | Miami Herald

Florida Secretary of State Ken Detzner was aware of recount issues that surfaced in Broward County on Sunday, but said through a spokeswoman that the issues were resolved. The county had an issue during the logic and accuracy testing, spokeswoman Sarah Revell, but the recount is now underway. Logic and accuracy testing is required so that any potential issues can be corrected before a recount begins. On Saturday, the razor-thin margins in the races of U.S. Senate, agriculture commissioner and the governor’s race caused Detzner to order mandatory machine recounts in all three statewide races after all counties submitted their unofficial results by noon. The state’s 67 elections departments have just five days to recount more than 8.2 million combined ballots cast over an entire month leading up to Tuesday’s midterms. On Sunday, the numbers remained tight.

Florida: A Mysterious ‘Undervote’ Could End Up Settling the Florida Senate Race | The New York Times

The vote count in Florida’s Senate race keeps getting tighter. Gov. Rick Scott’s lead over the Democratic incumbent, Bill Nelson, is down to 15,000 votes, and it’s likely to narrow further as provisional and late overseas ballots are counted. As the initial count concludes, one issue will loom over the result: a substantial undervote in Broward County, the state’s most Democratic county, and the possibility that the ballot design, which might have made it harder to find the Senate choice, will ultimately cost the Democrats a Senate seat. An undervote is when a voter casts a ballot but doesn’t vote in one of the contests on the ballot. At the moment, there are a lot of undervotes in the Senate race in Broward. If Mr. Scott ultimately prevails by a margin of 10,000 votes or less, the undervotes in Broward County could be what cost Mr. Nelson the race. Broward County has reported about 25,000 fewer votes cast for Senate than for governor, a difference of about 3.7 percent. That means voters left their Senate choice blank, or the choice was not counted because of a tabulation error like an equipment problem. This is highly unusual, and there’s nothing like this discrepancy elsewhere in the state. Immediately across the county line in Miami-Dade County, about the same number of people voted in the Senate race and the governor’s race.

Florida: Rick Scott’s monitors agree with state cops: No Florida voter fraud | Politico

Gov. Rick Scott asked state law enforcement to investigate Broward County election officials because of potential “rampant [voter] fraud,” even though monitors from his own administration say they have seen none in that county. “Our staff has seen no evidence of criminal activity at this time,” Department of State spokeswoman Sarah Revell wrote in an email on Saturday. Scott is the state’s current governor and the Republican candidate for U.S. Senate with a narrow lead over incumbent Sen. Bill Nelson (D-Fla.) That assessment, which was first reported by the Miami Herald, jives with that given by the Florida Department of Law Enforcement, which said Friday it has also seen no allegations of fraud.

Georgia: Did voting problems influence outcome in Georgia election? | Atlanta Journal-Constitution

A poll worker in Atlanta hoarded the last of his precinct’s provisional ballots, doling them out to select voters while turning others away. Cobb County wouldn’t let a new resident cast a ballot even though both her driver’s license and her voter registration card displayed her new address. Fulton County still can’t verify that it received an Atlanta woman’s ballot in October. When the woman asked an election official over the telephone whether her vote had counted, she said the official “just kind of snorted.” Such irregularities appear to have occurred across Georgia in this week’s election for governor and other statewide offices, according to interviews by The Atlanta Journal-Constitution with voters, campaign operatives and election officials.

Georgia: Kemp’s lead shrinks, Abrams to file new lawsuit | Atlanta Journal Constitution

The unsettled race for Georgia governor tightened over the weekend as Democrat Stacey Abrams prepared litigation to force the counting of more provisional ballots, while Republican Brian Kemp’s campaign said her refusal to concede was “a disgrace to democracy.” The clash heightened as a cache of 5,500 provisional and mail-in ballots were reported that showed Kemp’s lead over Abrams shrinking slightly to about 59,000 votes. Some came from counties that days earlier reported all votes had been tallied. The newly-reported votes overwhelmingly tilted to Abrams and triggered a wave of celebration for Abrams’ supporters. But she still needs to net about 22,000 votes to force a Dec. 4 runoff, and there aren’t many votes that have yet to be reported. 

Indiana: Porter County voting results released 3 days after election; officials call for clerk’s resignation | Chicago Tribune

In light of a lengthy list of election woes for Porter County’s midterm election, including a preliminary tally of results that wasn’t complete until Friday, the Porter County Board of Commissioners and two members of the County Council are asking for the immediate resignation of Clerk Karen Martin. Commissioners made their request after election board officials announced the results were online during a sometimes heated news conference. “Under normal circumstances, the board of commissioners would have never suggested anything like that. I think Karen’s conduct after Tuesday night is what convinced us that something had to be done,” said Commissioner Jim Biggs, R-North. “Being MIA at a time when her leadership was at its highest need – short of someone taking my legs from me, I would have been there. I would have had to be there. It was unfortunate but it needed to be said.”

Kentucky: ‘I can’t stand these machines.’ Record turnout wasn’t why you waited in line to vote | Lexington Herald Leader

Long lines and long waits to vote in Fayette County on Tuesday led many to expect record turnout in the midterm election. But, in the end, turnout was only at 52 percent in Lexington. Higher than usual, but not a record. So the blame turned back to Fayette County’s electronic voting machines, which take a long time to use, especially with a long and complicated ballot. That means some people who didn’t have an hour or more to wait in line may have left before voting. “I certainly heard my fair share of people saying the line was too long and they had to leave,” said Debra Hensley, a former Lexington-Fayette Urban County Council member. “A person who cannot vote is an error on our part.” It’s a complaint that County Clerk Don Blevins Jr., the county’s chief elections officer, has heard before. And he agrees. “I can’t stand these machines,” Blevins said Wednesday. “They’re awkward to use, older citizens really struggle with the wheel, the user interface is just about as bad as it could be.”

South Carolina: Old voting machines blamed for some Election Day problems. Will State replace them? | The State

Voting equipment that’s older than the first iPhone is being blamed by some election officials in South Carolina for some problems voters experienced on Election Day. State and local election officials are calling on S.C. lawmakers to pay up for new voting equipment in time for next year’s local elections to head off any further issues that could arise during the next general election. “Most of our issues that we had on Election Day were as a result of the age of the equipment,” said Rokey Suleman, Richland County’s elections director. “We desperately want to have this (new) equipment and run it through the fall elections in 2019, because if we implement it for the first time in presidential preference primaries, which are going to have high turnout, or in the presidential election, it’s going to have an impact.” South Carolina’s current voting machines were purchased in 2004. The first iPhone was released three years later.

West Virginia: State Not Planning to Expand Use of Blockchain Voting | Government Technology

This week West Virginia became the first state in the nation to use Internet voting with blockchain technology in a federal general election, piloting the program for military and other voters living overseas. Despite what officials are calling a successful trial for the app, from Boston-based startup Voatz, Secretary of State Mac Warner has no plans to extend the program to domestic civilians, according to The Washington Post. West Virginia used the Voatz app in a similar limited capacity for the primary election in May. The app works by recording votes on a blockchain, a cryptographic concept popularized with cryptocurrencies such as bitcoin.

Bangladesh: Election pushed back by 1 week after opposition plea | AFP

Bangladesh authorities on Monday (Nov 12) announced they were delaying next month’s general election by a week following an appeal from the country’s opposition alliance, an official said. “The vote will now be held on Dec 30,” Election Commission spokesman S.M Asaduzzaman told AFP. The Bangladesh Nationalist Party (BNP) had protested the Dec 23 election date announced last week, saying more time was needed to prepare for the poll. The BNP – whose leader Khaleda Zia is behind bars – had asked for an extra month to campaign against Prime Minister Sheikh Hasina.

New Zealand: Prison reform group wants debate on prisoners’ right to vote | RNZ

A prison reform group wants to have a public debate on prisoners’ right to vote, after the Supreme Court ruled it is a right of all New Zealanders. The court earlier this week upheld a High Court decision which found that a law restricting a prisoner’s right to vote was inconsistent with the Bill of Rights. The government said the issue was not a priority, but Howard League for Penal Reform spokesperson Christine McCarthy said the court’s decision should put the issue on the agenda. “What is so dangerous about prisoners voting? The only reason people are put in prison is – supposedly – about safety to the community.

Nigeria: Africa’s Biggest Democracy Fights Enduring Problem: Rigging | Bloomberg

As Nigeria heads toward general elections in February, it’s in a race to stamp out the bane of the voting system in Africa’s biggest democracy: rigging. Ballot snatching and buying, underage and multiple voting, falsifying results and the suppression of turnout in opposition areas are among the abuses the National Assembly is trying to tackle with new legislation. The bill, passed last month, emerged from talks among the presidency, lawmakers and civic groups. As it awaits President Muhammadu Buhari’s signature, time is running out. “We put a lot of work into the bill and we believe a lot of the provisions are positive,” said Clement Nwankwo, the chairman of Situation Room, a coalition of 71 civic organizations monitoring the election process. “If it’s not signed now, there’ll really be worries.”

Sri Lanka: A dubious do-over: Sri Lanka’s president calls a snap election | The Economist

Maithripala Sirisena, Sri Lanka’s president, abruptly dissolved parliament on November 9th and called a snap general election. The move capped several weeks of political drama in the Indian Ocean republic as the president has tested—many would say has greatly exceeded—the constitutional limits of his power. The action began on October 26th, when Mr Sirisena abruptly sacked Ranil Wickremesinghe, the elected prime minister and also his ostensible political ally in the ruling coalition. He replaced him with Mahinda Rajapaksa (pictured), a former strongman president whose regime Mr Sirisena had loudly accused of corruption and even of having plotted to kill him. The flip-flopping president also suspended parliament for three weeks to avoid a debate on his actions, and began to swear in new ministers. The suspension of parliament was widely seen as an indication that the new prime minister did not have the support of majority of MPs.

Ukraine: Rebel regions vote in ballot that West calls bogus | Associated Press

Residents of the eastern Ukraine regions controlled by Russia-backed separatist rebels voted Sunday for local governments in elections denounced by Kiev and the West. The elections were to choose heads of government and legislature members in the self-proclaimed Donetsk and Luhansk People’s Republics, where separatists have fought Ukrainian forces since the spring of 2014 in a war that has killed more than 10,000 people. Although a 2015 accord on ending the war calls for local elections in Donetsk and Luhansk, critics including Ukraine’s president, the U.S. and the European Union say the vote is illegitimate because it is conducted where Ukraine has no control. But the separatists say the vote is a key step toward establishing full-fledged democracy in the regions.

Florida: Something Very Odd Happened With Broward County’s Ballots in the Florida Senate Election | Slate Kim

Florida has retained the championship belt for election shenanigans, as three statewide races could be headed for a recount. The gap between Rick Scott and Bill Nelson, in the election for the latter’s Senate seat, has only continued to narrow. The race was already within the 0.5 percent margin needed to trigger a recount on Wednesday, when Scott had roughly a 35,000-vote lead. That’s been cut in half to about 17,000 as ballots have continued to come in. While Scott is still the favorite to ultimately win, FiveThirtyEight has shifted the race from “likely Republican” to “lean Republican.” One reason for hope for Nelson is that a traditionally Democratic area, Broward County, has so far reported fewer votes for the Senate race compared with the gubernatorial race, according to data compiled by MSNBC’s Steve Kornacki. In other Florida counties, no such discrepancy exists. While some of the discrepancy could be due to genuine undervotes—for instance, the design of the ballot may have led some voters to miss it and not vote in that race—it’s possible that the county hasn’t correctly counted all the ballots. About 24,000 ballots in Broward County registered a vote in the governor’s race but not for the Senate race.

National: Midterm Voting Exposes Growing Problem of Aging Machines | Associated Press

Election experts have long warned about the nation’s aging fleet of voting equipment. This week’s elections underscored just how badly upgrades are needed. Across the country, reports poured in Tuesday amid heavy voter turnout of equipment failing or malfunctioning, triggering frustration among voters and long lines at polling places. Scanners used to record ballots broke down in New York City. Voting machines stalled or stopped working in Detroit. Electronic poll books used to check in voters failed in Georgia. Machines failed to read ballots in Wake County, North Carolina, as officials blamed humidity and lengthy ballots. Those problems followed a busy early voting period that revealed other concerns, including machines that altered voters’ choices in Texas, North Carolina and Georgia.

National: Cybersecurity officials start focusing on the 2020 elections | Associated Press

An unprecedented federal and state collaboration to defend election systems against Russian interference ended with no obvious voting system compromises, although it’s not entirely clear why. Federal officials are wondering whether foreign agents are saving their ammunition for the 2020 presidential showdown or planning a late-stage misinformation campaign to claim Tuesday’s election had been tainted. It doesn’t change how vulnerable most states are to possible interference. “They’ve shown will, they’ve shown the capability,” Homeland Security Secretary Kirstjen Nielsen said. “I certainly can’t speak to why they’re doing or not doing something. But I would just offer to put it in a broader perspective — they have a full-court press through many means … to try to affect our democracy.” In a news conference Wednesday after Democrats won control of the House, President Donald Trump said his administration worked hard to shore up elections and he’d issue a report soon on the effort.

National: Why Securing Elections Requires a Little Bit of Zero-Trust | StateTech

As the country digests the results of this year’s midterm elections, the concerns that were raised about the potential risk of cybersecurity threats to our voting systems remain. This year, Congress passed the Consolidated Appropriations Act of 2018 to make nearly $400 million available to the states to improve their administration of federal elections. I’ve met with secretaries of state, state IT leaders and local government officials across the country who were intensely focused on how to use this assistance to shore up election systems cybersecurity. Having served in state IT leadership for much of my career, I know how important it is to spend resources wisely and emphasize solutions that address the core issues of a challenge, versus simply applying a Band-Aid to solve it. Because our voting system is multifaceted, potential solutions to the election security challenge require a deeper focus on infrastructure. Even though the election is over, states should see election security as a year-round effort. States are the architects and supervisors of their respective election systems, and they execute this important constituent service in varying ways. Some states vote exclusively by mail, while others rely exclusively on electronic voting machines. Other states have a combination of voting options available to constituents in different localities.

National: After a stressful election, experts warn blockchain is not the answer | NBC

Experts this week warned against entertaining the idea that blockchain could fix the voting system despite growing frustration with the long lines and malfunctioning machines that caused problems during the midterm election. “If you’re trying to convince Walmart it needs blockchains to track avocados or whatever, be our guest,” Arvind Narayanan, an associate professor of computer science at Princeton, tweeted. “But if you’re messing with critical infrastructure, you’ve crossed a line.” Blockchain is technology that uses computers to build a shared, secure and decentralized digital ledger. Blockchain is best known as the basis for the cryptocurrency Bitcoin but in recent years has attracted interest from a variety of industries that see a benefit in using the ideas behind blockchain.

National: DHS Wants to Expand the Reach of Its Critical Infrastructure Cyber Training | Nextgov

The Homeland Security Department wants to surge its ability to train critical infrastructure owners and operators on cybersecurity, according to a contracting document released Wednesday. The department is seeking a video conferencing service that it can use to provide cybersecurity webinars to 5,000 or more critical infrastructure operators simultaneously, according to the contracting document. The term critical infrastructure refers to 16 sectors the government has determined are vital to the nation’s successful operation. They include hospitals, banks, energy plants, dams and transportation hubs such as airports and train stations. The department officially designated election infrastructure, such as voting machines and voter rolls, critical infrastructure in January 2017, after Russian efforts to breach those systems during the 2016 elections.

National: Democrats tech boss can’t guarantee midterms were hack-free | Yahoo

The Democrats’ top cybersecurity boss said he cannot guarantee the midterm elections earlier this week were hack-free. “Good news is we didn’t hear very much on that day,” said Raffi Krikorian, the chief technology officer of the Democratic National Committee, on Thursday. “But remember, any sophisticated attack is not something we’re going to detect today. It’s something we’re going to detect a few days from now, or a few weeks … or a few months from now, as we go through our logs and try to understand what really happened.” Krikorian made his first public remarks since the US midterms at the annual Web Summit tech event in Lisbon, Portugal. Krikorian leads a team of 35 technology and security specialists tasked with protecting the Democrats and the party’s tech infrastructure. He was previously a top executive at Uber and pioneered self-driving technology at the ride-sharing company. Prior to Uber, he worked as a top engineering executive at Twitter (TWTR).

National: Mid-terms 2018: When voting goes wrong | BBC

After celebration of historic wins by diverse candidates, the other big online trend for the US mid-term election was claims of massive and deliberate vote suppression. Reddit’s top post was an unverified video of apparent errors at a ballot machine in Indiana, while reports of hours-long queues, broken ballot machines and intimidation spread on Twitter and Facebook. A Google map of live election-related searches showed spikes in interest in provisional ballots and long waiting lines across the country. And in Florida, a church that serves as a polling station was criticised after posting a sign discouraging voters to choose Democrats, reported local media. Some reported cases were simple technical errors. In Ohio, one widely-shared claim of vote rigging turned out to be caused by a temporary paper jam.

National: Three States Pass Sweeping Voting Rights Expansions | Roll Call

Voting rights activists are celebrating after voters in three states approved sweeping election reforms in Tuesday’s midterm elections. Voters in Florida, Michigan and Nevada all passed major reforms to their states’ election systems, which will make voting easier and extend ballot access to millions of new voters. Florida’s Amendment 4, approved by 64 percent of voters, will restore voting rights to more than 1 million residents convicted of certain felonies. About 10 percent of Florida adults will be newly eligible to vote, of which a disproportionate number are African-Americans. Meanwhile, Nevada and Michigan both passed automatic voter registration measures Tuesday, meaning residents in future elections will be added to voting rolls when they obtain or renew a driver’s license or conduct other business with the state, unless they opt out. 

National: Foreign adversaries will ‘continue to push misinformation’ after Election Day, official says | The Washington Post

Election Day is over, but government officials are still watching out for potential interference in the political process after detecting online disinformation that was meant to undermine yesterday’s midterms. Foreign adversaries will “continue to push misinformation” even after the election results are fully reported, a Department of Homeland Security official told reporters in a series of briefings on election security that lasted well into the night. While DHS made clear it did not detect any breaches that would affect the casting or counting of votes, the official expressed concerns that bad actors could create the perception that the election was not secure — or  “enhancing or overstating” how successful hacking attempts were.  “We’re talking about propaganda machines,” the official said, “that are trying to divide the American people and undermine their confidence in election systems.”

National: Threats remain to US voting system – and voters’ perceptions of reality | The Conversation

As the 2018 midterms proceed, there are still significant risks to the integrity of the voting system – and information warfare continues to try to influence the American public’s choices when they cast their ballots. On the day of the election, there were a number of early hitches in voting at individual polling places, such as polling places opening late and vote-counting machines not plugged in. But there seem not – at least not yet – to be major problems across the country. However, not all the election-related news and information voters have been encountering in recent days and weeks is accurate, and some of it is deliberately misleading. As this election’s results come back, they will reveal whether the misinformation and propaganda campaigns conducted alongside the political ones were effective. America’s electoral process remains highly fragmented, because of the country’s cherished tradition of decentralized government and local control. While this may leave some individual communities’ voting equipment potentially vulnerable to attack, the nation’s voting process overall may be more trustworthy as a result of this fragmentation. With no unified government agency or office to provide, administer and protect election technologies, there’s not one central national element that could fail or be attacked.

Arizona: Court hearing set in Senate race vote count dispute | Associated Press

As the Arizona Senate vote count starts to tip into Democratic terrain, a judge Friday will hear a lawsuit by the GOP seeking to limit the tally — or expand it in the state’s conservative-leaning rural areas. Four local Republican parties filed a lawsuit Wednesday night challenging the state’s two biggest counties for allowing voters to help resolve problems with their mail-in ballot signatures after Election Day. If the signature on the voter registration doesn’t match that on the sealed envelope, both Maricopa and Pima County allow voters to help them fix, or “cure” it, up to five days after Election Day. Many other counties only allow voters to cure until polls close on Election Day.