Editorials: The Supreme Court Could Make Gerrymandering Worse | Richard Hasen/The Atlantic

The Supreme Court’s decision on Friday to take up partisan-gerrymandering cases from North Carolina and Maryland brought to mind a saying attributed to Judy Garland: Behind every cloud is another cloud. The now firmly conservative Court likely took the cases not to announce that such activities violate the Constitution, but to reverse the lower courts that said they do. Down the road, the Court might do much more damage, including by preventing states from using independent commissions to draw congressional districts. For years, the Supreme Court has ducked the question of partisan redistricting, failing to provide clear guidance on its constitutionality. Until he left the Court this summer, Justice Anthony Kennedy was the key swing vote on this issue. In 2004, he disagreed with conservatives that such cases present “political questions,” which courts cannot hear given the lack of “judicially manageable standards.” And he disagreed with liberals that any as-yet-proposed standards adequately separated permissible from impermissible consideration of partisan information in drawing district lines. But he suggested that the First Amendment’s right of association could serve as the foundation of a ruling against gerrymandering.

Editorials: How to Fix America’s Broken Political System | Norman L. Eisen & Fred Wertheimer/Politico

Much attention has focused on H.R. 1, the comprehensive package of democracy reforms introduced on Thursday by Representative John Sarbanes (D-Md.) on behalf of the new Democratic House majority. The unprecedented legislation is perhaps the most important domestic initiative of the new Congress. But it also has the capacity to begin fixing what has been broken in our foreign relations, reassuring our allies that America is on the way back to restoring our democracy, and with it our global leadership. Since 2016, the United States’ friends around the world have been faced with a dual shock: Russia’s multipronged attack on our elections that year and the ascension of President Donald Trump, who has criticized our longtime partners while embracing authoritarians like Russian President Vladimir Putin—despite his assault on our democracy.

Florida: State Set to Restore Voting Rights to Felons Amid Threats of Lawsuits | Wall Street Journal

Some Florida officials are balking at the state’s new amendment restoring voting rights to about 1.4 million people with felony records that is set to take effect Tuesday. Amendment 4, which Florida voters passed in November with nearly 65% support, re-enfranchises felons who have completed all terms of their sentences, including probation or parole, but doesn’t apply to those convicted of murder or sexual offenses. Opponents, including Republican Gov.-elect Ron DeSantis, say before the amendment can be implemented, the legislature needs to pass a bill to clarify its terms and fulfill its intent. Supporters say it should be implemented immediately. The disagreement is generating confusion and the threat of lawsuits. The measure produced the largest expansion of voting rights in the U.S. since the 26th Amendment reduced the voting age to 18 in 1971. It could have significant implications in a state where elections often are decided by paper-thin margins.

Georgia: Lawmakers prepare for fight over switch to paper ballots | The Atlanta Journal-Constitution

Battles over election integrity that helped define Georgia’s race for governor will play out at the Capitol this year, when state legislators plan to replace the state’s 27,000 electronic voting machines and review voting access laws. The multimillion-dollar purchase of a more secure statewide voting system is a priority for this year’s legislative session, which starts Monday. Legislators generally agree that the state should start using paper ballots to replace the all-digital touchscreen system in place since 2002, but they strongly differ over what kind of paper-based system to buy. Intense debates over voter disenfranchisement are also certain to arise. A bill has already been filed to curb mass voter registration cancellations, and other measures could address ballot cancellations, voting hours, early voting times, precinct closures and district boundaries.

New York: Coalition wants ‘fair elections’ legislation to be Albany’s first priority | The Buffalo News

A coalition of 175 grassroots and community groups is pushing Albany to pass a “fair elections” package that includes such elements as small-donor public financing, closing campaign funding loopholes and early voting. Gov. Andrew M. Cuomo and other Democratic leaders have supported various forms of such legislation in the past, but fair elections proposals had been consistently blocked by Republicans who long controlled the state Senate, organizers say. Now that Democrats control both the legislative and executive branches in New York, the Fair Elections for New York coalition wants elected officials to pass fair elections legislation right away. About 25 representatives from the coalition held a news conference Monday on the steps of Buffalo City Hall to press for the reforms.

Pennsylvania: Election reform subject of many bills in Harrisburg | Reading Eagle

There are plenty of ideas for election reform floating around the state, including making it easier to vote, registering more voters and redefining who draws district lines. Pennsylvania lawmakers plan to introduce more than 20 bills this session to reshape the state’s election rules. Sen. Lawrence M. Farnese Jr., a Philadelphia Democrat, plans to offer a bill that would allow 16- and 17-year-olds to preregister to vote. When preregistered, an individual would be automatically registered to vote in the first election after he or she turns 18. Farnese’s memo on the bill says 22 states already allow for preregistration before age 18. … Republican Sen. Pat Stefano of Fayette County aims to develop a secure online system for military and overseas voters to return their absentee ballots electronically with a bill he plans to reintroduce.

South Carolina: ES&S iVotronic voting machines miscounted hundreds of ballots, report finds | StateScoop

An analysis of South Carolina’s voting equipment found that state election officials miscounted hundreds of ballots during the primary and general elections in 2018 because of “continued software deficiencies.” Conducted on behalf of the League of Women Voters by Duane Buell, a computer science professor at the University of South Carolina, the study published last week found that in one primary race, voting machines in one precinct double counted 148 votes. During the general election in another precinct, more than 400 votes were awarded in the wrong county board race. In both instances, Buell found, the improperly counted voters were logged by the South Carolina State Election Commission as official results. Neither case involved enough votes to swing the outcome of an election, but Buell told StateScoop the incidents demonstrate the state continues to use poorly designed software that poll workers, many of whom are volunteers working long shifts, struggle to operate correctly.

Virginia: Northam proposes repeal of Virginia’s voter ID requirement, reform campaign finance laws | WTVR

In an effort to remove barriers to voting, Governor Ralph Northam is proposing a repeal of the law that requires Virginians to show a photo ID when they vote. “Participation makes our democracy strong—we should encourage every eligible voter to exercise this fundamental right, rather than creating unnecessary barriers that make getting to the ballot box difficult,” said Governor Northam. The legislation will be patroned by Senator Mamie Locke and Delegate Kaye Kory. Kory said lawmakers should protect the constitutional right of every American citizen, not inventing ways to keep voters away from the polls. “The photo ID requirement prevents the most vulnerable Virginians from voting and silences the voices of those who most need to be heard,” said Kory.

Australia: Electoral systems get 24×7 monitoring for 2019 election | iTnews

Australia’s electoral systems will be actively monitored around the clock by a new security operations centre during the upcoming federal election. The Australian Electoral Commission has put out the call for vendors capable of providing “short-term, event based security monitoring” of its internal systems in a bid to protect against unauthorised interference. The centre would be used to detect “common or generic system or network compromises or compromise attempts against the AEC’ systems” in the lead up to, during and following the election. It will also spot “defined specific compromise attempts against electoral systems”, according to a brief posted on the digital marketplace late last month.

Bangladesh: The World Should Be Watching Bangladesh’s Election Debacle | Foreign Policy

On Dec. 30, 2018, Bangladesh held its 11th national election since becoming independent in 1971. The questionable results ended in a sweeping victory for the ruling Awami League party of Sheikh Hasina. The party’s coalition secured 288 out of a possible 300 seats in Parliament, ostensibly winning more than 90 percent of the popular vote. The coalition of the principal opposition party, the Bangladesh Nationalist Party, won a mere seven seats. The results ensured a third term in office for the Awami League. However, almost immediately after the results were announced, a host of foreign and domestic analysts pointed out that the election was far from free or fair. Their misgivings were warranted. At least 17 people were killed in election-related violence, many others were injured, and there were widespread allegations of voter intimidation.

Canada: Former national security adviser questions feds’ plan to prevent election meddling | CTV

Prime Minister Justin Trudeau’s former national security adviser is questioning whether federal departments are prepared for the risk of election meddling in 2019 and whether the federal Liberals’ legislation meant to tackle foreign interference goes far enough. “I don’t think that the reports that were issued by the government—by [the Communications Security Establishment (CSE)]—is comprehensive enough. I’m not sure the legislation that we have in place deals with all of this,” Richard Fadden said on CTV’s Question Period. “It goes to the issue again, of fake news. This is a different version of fake news, and we haven’t come to grips with it yet,” said Fadden, who also advised former Conservative prime minister Stephen Harper, and previously headed up CSIS, Canada’s spy agency.

Israel: The main cyber threats against Israel’s upcoming election | Haaretz

It’s Election Day April 9 and you’re told when you come to cast your ballot, “Sorry, you don’t appear on the voter rolls – you can’t vote.” Before that you’ve been deluged by text messages from a candidate, but they’ve been sent by his rivals in the hope you’ll protest the annoyance by voting against. The next day, the Central Elections Committee says it’s having trouble collecting the results. These things may not happen when Israelis go to the polls, but the odds are growing that at least some of them will. More than at any time in the past, Israel’s election system is exposed to a cybersecurity risk during the campaigning, including the process of vote counting. The Israeli cybersecurity company Check Point Software Technologies has crafted a study noting the likely threats based on the experience of other countries’ elections in recent years and suggests steps Israel can take to prevent them.

National: House Democrats unveil election security, voting measures in sweeping anti-corruption bill | The Hill

House Democrats on Friday unveiled several election security measures as part of their first sweeping legislation of the session. The bill, H.R. 1, or the For the People Act, mandates that states use paper ballots in elections, which must also be hand-counted, or by “optical character recognition device,” the bill states. Rep. John Sarbanes (D-Md.) introduced the legislation, which he and other Democrats have described as a comprehensive anti-corruption package that will set the tone for their time in control of the House. The bill will also allow the Election Assistance Commission (EAC) — the small federal agency tasked with helping officials carry out elections — to hand out funding to states for the improvement of their elections systems. The Department of Homeland Security would also be required to conduct a threat assessment ahead of elections and that voting systems be tested nine months before any national election.

National: Supreme Court to take on partisan gerrymandering this year | Politico

The Supreme Court will grapple with the legality of partisan gerrymandering in March when it hears arguments challenging congressional-district maps in two states. The court announced Friday it would consider cases from Maryland and North Carolina after lower federal courts threw out the congressional maps in both states, ruling that they were so gerrymandered to favor one party that they violated the constitutional rights of voters. The high court will consider whether to uphold those rulings and order new maps drawn for the 2020 elections in those states. Federal judges in Maryland tossed the state’s congressional map in November after Republicans sued, claiming Democrats went too far when they altered the lines of a district in Western Maryland to defeat the then-Republican incumbent. Since redrawing the map before the 2012 election, Democrats have held a 7-to-1 advantage in the state’s congressional delegation, after entering the redistricting process with six members, to Republicans’ two.

National: Grand jury extended in U.S. special counsel’s Trump-Russia probe | Reuters

The term of the grand jury being used by U.S. Special Counsel Robert Mueller in his investigation of possible collusion between Russia and President Donald Trump’s 2016 election campaign has been extended, an aide to the judge overseeing it said on Friday. The extension is a sign that Mueller is not done presenting evidence before the grand jury in his investigation of U.S. allegations of Russian interference in the election and any possible coordination between Moscow and Trump’s campaign. The grand jury was impaneled by the U.S. District Court in Washington in July 2017 for an 18-month term, the limit under federal rules. The term can be extended if the court determines it to be in the public interest to do so.

National: House Democrats’ First Bill Would Dramatically Boost Election Security | Gizmodo

The first bill introduced by House Democrats is a whopping 570-page voting reform package that offers, in part, significant financial support to state election agencies seeking to shore up their security through use of risk-limiting audits and the timely exchange of threat information. It would also require an intelligence community assessment ahead of federal elections, accompanied by recommendations to address potential threats from multiple agencies, including the Department of Homeland Security. Perhaps most important, the bill requires states to use paper ballots, long considered the only true bulwark against election interference. The bill, known as H.B. 1 or the “For The People Act,” would further help participant states fund the replacement of outdated voting systems that experts assess may be vulnerable to remote intrusion and on-site tampering; security clearances could be expedited to help state election officials gain access more quickly to classified details about election threats; and would require the testing of voting machines nine months prior to any ballot being cast.

Editorials: Why voters shouldn’t have to, but must be vigilant about their right to vote | Caleb Gayle /The Hill

In the deluge of news during the 2018 election cycle, many might have missed the case of Larry Harmon, a Navy veteran, who had entered his local polling place in 2015 because he wanted to vote on a marijuana legalization ballot initiative to find that he was not on the voter rolls. He had been unimpressed by the candidates during the 2010, 2012, and 2014 elections and had sat out those elections, not realizing that doing so would cost him ability to cast a ballot in 2015. Mr. Harmon’s case made it to the Supreme Court last year, which should put all voters on notice — that their right to vote requires an extra measure of protection. As we recover briefly from the hangover of the 2018 election cycle only to quickly enter the soon-to-be crowded field of the 2020 cycle, our attention will naturally turn to swing states. Mr. Harmon was from one of the most critical swing states — Ohio — and as a result of his case, voters all over the country need to become more vigilant. For people of color, the ability to vote may be under special threat.

Arizona: 9th Circuit Court to reconsider ruling on Arizona’s ‘ballot harvesting’ ban | Arizona Daily Star

A federal appeals court will give Democrats a new chance to argue that an Arizona law banning “ballot harvesting” is illegal. In a brief order, the majority of the judges on the 9th Circuit Court of Appeals said they want to review and reconsider a 2-1 ruling by one of their panels last year that upheld the 2016 law, which bars Arizonans from collecting and delivering the ballots of others. In that ruling, the majority brushed aside complaints from the state and federal Democratic parties that the Republican-controlled Legislature had no evidence of fraud from the practice. Nor were they persuaded by arguments that the restriction has a harsher effect on the voting rights of minorities than on Arizona residents in general.

Florida: ‘A joyous day’ ahead as 1.4 million Florida ex-felons have voting rights restored | The Washington Post

One of the largest enfranchisements of U.S. citizens in the past century begins Tuesday in Florida, and many of the more than 1.4 million ex-felons set to regain their voting rights here are treating the moment as a celebration. In Tampa, one group is renting buses to register en masse at the county elections office. Others will be live-streaming on Facebook as they march in. Demetrius Jifunza, convicted as a teen of armed robbery, is now a father and pastor who wants to make his daughters proud. “It’ll be a joyous day,” Jifunza said of the trip to the Sarasota County Supervisor of Elections office, a journey made possible when voters in November overturned Florida’s 1868 ban blocking residents with felony convictions from automatically having their voting rights restored once they served their sentences. In the run-up to Tuesday, the organizations and volunteers who worked for the past decade to pass the amendment to the state constitution have been ramping up their efforts to encourage ex-felons to quickly follow through. There’s a toll-free number, 877-MY-VOTE-0, and a website with tips.

Maryland: Legislation would allow ‘ranked choice’ voting in Baltimore, a new way of counting ballots | Baltimore Sun

Baltimore could become part of a growing movement that would offer more voters a chance to participate in its Democratic primaries and a new way to determine the winners. The Maryland General Assembly will consider a bill to allow the Baltimore City Council to establish open primary elections, as well as “ranked choice” voting for primary or general elections. Del. Brooke Lierman, a Democrat who represents southeast Baltimore, prefiled the legislation ahead of Wednesday’s start of the 90-day General Assembly session. It would authorize the Baltimore City Council to adopt such voting systems, if a majority of council members want to. “If we had ranked choice voting everywhere, our democracy would look so much better,” Lierman says.

North Carolina: House Democrats prepare to probe disputed North Carolina election | Politico

House Democrats are preparing to launch their own investigations into the disputed congressional election in North Carolina, where Republican Mark Harris’ campaign is facing fraud allegations and the state elections board had refused to certify the results. Harris’ campaign has sued in state court to be seated in Congress, despite an ongoing investigation by the elections board that suffered a setback when the board was dissolved at the end of 2018. Harris leads Democrat Dan McCready by 905 votes in the unofficial vote count, but voters and election workers have filed numerous affidavits detailing irregularities during the election, including reports that McCrae Dowless, a subcontractor for Harris’ campaign consultants, ran an operation that collected and marked voters’ absentee ballots. The House Democratic investigations could pave the way for a new election in the district, even if the court orders the board of elections to certify Harris as the winner instead of the board ordering a re-vote itself. The House Administration Committee, now controlled by Democrats, has the authority to call for another election after investigating the 2018 results.

Tennessee: Path to new voting machines in Shelby County gets longer with special elections | The Daily Memphian

Don’t look for new voting machines for the October 2019 Memphis elections. Shelby County Elections Administrator Linda Phillips says the special election in state Senate District 32 has pushed back plans for the move to new machines with a paper audit trail. “I do not believe it would be possible to have them in place and do the training and all of the work necessary to have them used in the October elections,” Phillips said Thursday on The Daily Memphian Politics podcast. Early voting was to open Friday in the special primary election for the state Senate seat Republican Mark Norris gave up to become a federal judge. The winners of the primaries advance to a March 12 special general election. The Shelby County Election Commission still plans to issue a request for proposal, or RFP, soon that sets standards for what a new voting system must have for potential vendors to submit bids. The RFP must be cleared by county attorneys and purchasing officials.

Canada: Senator’s personal data leaked online in apparent Twitter hack | CTV

Conservative Senator Linda Frum’s Twitter account was hacked Sunday night, with those responsible sharing personal information including her drivers license and using racial slurs in their tweets. “hi linda, can u drive us to the mall please?” read one tweet. The tweet then shared an image of both the front and back of her drivers license, showing personal information including her address. No motive for the hack was made readily apparent, but the perpetrators tweeted that they “don’t appreciate corrupt politicians” and included an emoji of the Palestinian flag. The group of hackers linked accounts and referred to themselves as the “spank gang,” claiming to “run twitter.” The hacking comes just days after a high profile hacking incident in Germany, where multiple politicians and officials – including German Chancellor Angela Merkel – had personal details dumped online.

Congo: DR Congo on edge as presidential election results delayed | Al Jazeera

Preliminary results from Democratic Republic of Congo’s tumultuous presidential election will be delayed past Sunday’s deadline, the head of the election commission has said. The announcement on Saturday has prompted fears the vote result could be manipulated, with analysts saying prolonged uncertainty could trigger deadly clashes, similar to the violence that broke out in the central African country after the 2006 and 2011 elections. The commission, known as CENI, had received only 47 percent of vote tally sheets as of Saturday, its president, Corneille Nangaa, told the Reuters news agency. It not yet clear when the results would be ready, he said, adding: “It will not be possible to announce the results tomorrow.”

Germany: Hackers Leak Details of German Lawmakers, Except Those on Far Right | The New York Times

After hackers, later determined to be working for Russia, broke into Parliament’s main computer network three years ago, the government vowed to fortify its cybersecurity. The authorities schooled lawmakers about changing passwords, using two-step identification and other measures to protect online data. But on Friday, nearly 1,000 lawmakers and other prominent Germans, including rappers, journalists and internet personalities, awoke to find links to their street and email addresses, private chats from social media, bank account details and pictures of their children published on Twitter, in another major breach aimed at the country’s political establishment. All those attacked had a history of criticizing the far right, whose politicians appeared to be spared, raising suspicion that the hacker or hackers were sympathetic to their agenda, though the authorities said they had no indication yet who was behind the attack.

Nigeria: Row as president’s niece takes election post ahead of Nigeria vote | The Citizen

Nigeria’s opposition has objected to the appointment of President Muhammadu Buhari’s niece to the election commission ahead of presidential elections in February, when he will seek a second term. The People’s Democratic Party (PDP) claimed the appointment Thursday of Amina Zakari to the Independent National Electoral Commission (INEC) was an attempt to rig the vote in Buhari’s favour. Zakari, who has worked at INEC in other roles, will head a branch of the commission involved in collating the election results. The PDP said in a statement: “for us to have a peaceful election, Mrs Amina Zakari should not be seen anywhere near any of the 2019 election processes, not to talk of being involved in the collation of presidential (vote) results.”

Thailand: Activists protest as election faces delay | Reuters

Dozens of Thai activists on Sunday protested against a possible delay of a national election set for next month, the first such gathering since the military government lifted a ban on political activity imposed after a 2014 coup. The junta has promised and postponed the election several times since it came to power, with the latest date set for Feb. 24. However, the vote faces yet another postponement after Deputy Prime Minister Wissanu Krea-ngam suggested on Friday that post-election events might clash with rituals related to King Maha Vajiralongkorn’s coronation from May 4-6.

National: Senate confirms commissioners to Election Assistance Commission, giving it full powers | The Hill

The Senate late Wednesday confirmed by voice vote a pair of commissioners to the Election Assistance Commission (EAC), giving the agency a quorum for the first time since last March. Benjamin Hovland and Donald Palmer were among several nominees passed in the final hours of the Senate session. If they had not been confirmed before noon Thursday, when the 115th Congress adjourns, both nominees would have to go through the confirmation process again. Having a quorum means the EAC can now carry out major policy moves. The small federal agency — created in 2002 to help state and local officials administer elections — had only two commissioners since March, one short of the three needed to take on significant initiatives.

National: Cyber Threats and the Mid-Term U.S. Elections | Council on Foreign Relations

In 2018, the United States—for the first time in its history—held elections amidst wide-ranging efforts to protect this vital democratic process from foreign cyber threats. The Russian hacking and disinformation operations during the 2016 elections caught government officials, political campaigns, and voters unprepared and caused unprecedented controversies. For the 2018 mid-term elections, actions by local, state, and federal governments, the private sector, and civil society attempted to prevent the U.S. body politic from again being damaged by foreign cyber intrusions and information warfare. The 2018 elections ended without the cyber crises that marked the 2016 elections, but this outcome should not obscure the difficulties encountered this year in protecting U.S. elections from cyber threats. Despite progress, 2018 ended with the United States facing a daunting, unfinished policy agenda on strengthening election cybersecurity and responding to cyber-enabled disinformation campaigns aimed at dividing citizens and discrediting democracy.