Verified Voting Blog: Verified Voting supports election funding, security measures in proposed HEROES Act

The following is a statement from Marian K. Schneider, president of Verified Voting in response to the House Democrats’ proposed coronavirus response package, the HEROES Act HR 6800. For additional media inquiries, please contact Aurora Matthews, aurora@newheightscommunications.com Download PDF May 13, 2020 — “COVID-19 created a new landscape for conducting elections and election officials need…

West Virginia: Online Voting Has Worked So Far. That Doesn’t Mean It’s Safe | Lily Hay Newman/WIRED

West Virginia state delegate Eric Porterfield is blind and usually votes at a polling place using an accessible voting machine. He would need assistance to fill out a regular mail-in paper ballot, reducing his ability to keep his votes private. But thanks to a state law passed in January to address accessible remote voting, Porterfield has a new alternative for his state’s June 9 primary. For the first time, he plans to submit his absentee ballot online. “The gold standard for you or me or anyone is to be able to fulfill our constitutional right to vote by private ballot,” Porterfield says. The Covid-19 pandemic has made internet voting options more tempting than ever for election officials across the US. But election integrity advocates and security experts continue to warn that remote digital voting systems, whether mobile apps or cloud portals, do not have strong enough security guarantees for prime time. On Friday, a group of federal agencies including the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency and the Election Assistance Commission sent a risk assessment to states, warning that “electronic ballot return technologies are high-risk even with controls in place.”

National: Vote.org founder launches VoteAmerica, a nonprofit using tech tools to help Americans vote by mail | Taylor Hatmaker/TechCrunch

With November looming, the scramble to protect the 2020 U.S. election from coronavirus chaos is on. To that end, a small, skilled cluster of voting rights advocates are launching a new voter mobilization project. Called VoteAmerica, the new non-profit shares DNA with Vote.org, the esteemed nonpartisan voter mobilization site VoteAmerica founder Debra Cleaver first launched in 2008. VoteAmerica’s goal is to boost voter turnout by helping people vote by mail. In a normal year that might mean striving to drive record turnout. But in the midst of the pandemic, the team is working to ensure that 2020’s presidential election turnout doesn’t slump like it would in a midterm election year. “It seems at this point that Americans are either going to be unable or unwilling to vote in person in the November election, which could lead to catastrophically low turnout,” Cleaver said in an interview with TechCrunch. “But if we have our way, there will be no perceivable dip in turnout in November.”

National: House Democrats include $3.6 billion for mail-in voting in new stimulus bill | Maggie Miller/The Hill

House Democrats have included $3.6 billion in election funding as part of the $3 trillion coronavirus stimulus bill they rolled out on Tuesday. The funding is meant to assist states in addressing new challenges posed by holding elections during the COVID-19 pandemic, such as expanding mail-in and early in-person voting. At least 50 percent of the funds would be required to go to local governments to help administer elections, and states would have until late next year to access the funds. The House is expected to vote on the stimulus package on Friday, but the outlook for the election funds passing in the GOP-led Senate remains unclear. Senate Republicans have broadly pushed back on calls to immediately approve more stimulus money, saying lawmakers should weigh the impact of the trillions in spending already approved by Congress. The coronavirus stimulus package signed into law by President Trump in March included $400 million for elections. Democrats have pushed for a total of $4 billion to be allocated for elections, with the addition of the new funds proposed Tuesday totaling to this amount.

National: Ignoring Trump and Right-Wing Think Tanks, Red States Expand Vote by Mail | Jessica Huseman and Mike Spies/ProPublica

On April 23, during the same week that Kentucky’s Republican secretary of state said he was contemplating a “significant expansion” of vote by mail, the Public Interest Legal Foundation emailed one of his employees under the subject line “28 MILLION ballots lost.” “Putting the election in the hands of the United States Postal Service would be a catastrophe,” wrote J. Christian Adams, president of PILF, a conservative organization that has long complained about voter fraud. His missive contended, with scant evidence, that “twice as many” mailed ballots “disappeared” in the 2016 presidential election than made up the margin of votes between Hillary Clinton and Donald Trump. The state worker forwarded the message to his supervisor, who ignored it, according to emails obtained through a public records request. Only days later, Kentucky finalized its plan for the biggest increase in vote by mail in the state’s history. Secretary of State Mike Adams (no relation to J. Christian) said he had little trouble persuading legislators to pass the measure. “I’ve been pleasantly surprised on social media and elsewhere,” he said. “Republicans and Democrats both have been supportive of what we did.”

National: There Is No Evidence That Voting By Mail Gives One Party An Advantage | Lee Drutman/FiveThirtyEight

If the coronavirus pandemic rages on, most Americans will probably vote by mail in November. But like most political issues in the U.S., voting by mail is an increasingly partisan affair, with Democrats more likely to support it than Republicans. The fight over voting by mail isn’t new. But if the political cues around voting by mail weren’t firmly set before, they are now, with President Trump calling voting by mail “corrupt” and pushing Republicans to fight efforts to expand it. And this has many election experts concerned as the partisan fighting, last-minute scrambles and inevitable litigation could make 2020 an even more uncertain election. But before the political fighting gets too ugly, lawmakers really ought to look at the evidence. Numerous studies have arrived at the same conclusion: Voting by mail doesn’t provide any clear partisan advantage. In fact, as states have expanded their use of mailed ballots over the last decade — including five states that conduct all-mail elections by default — both parties have enjoyed a small but equal increase in turnout.

National: Jared Kushner Won’t Rule Out That Trump Could Try to Delay the Election | Alison Durkee/Vanity Fair

As the coronavirus crisis has crippled the U.S., a nagging fear has emerged among Democrats: that President Donald Trump, seeing his lagging poll numbers, will use the public health crisis as a reason for delaying the presidential election. With the virus delaying—and, in New York, briefly canceling—state primary elections, the thinking goes that if the coronavirus lockdowns continue, or a new wave emerges in the fall, Trump or other Republican leaders could seize the opportunity and use the postponed primaries as a precedent to keep Trump in the White House a bit longer. “Mark my words,” Trump’s Democratic opponent Joe Biden said in April. “I think he is gonna try to kick back the election somehow, come up with some rationale why it can’t be held.” And while Trump himself hasn’t called for any delay to the election yet, one of his top advisers signaled Tuesday that the idea, at the very least, isn’t a total nonstarter.

California: ‘It’s all rigged’: Trump foreshadows how he could undermine presidential election | Sam Levine/The Guardian

Donald Trump falsely accused Democrats of trying to “steal” Tuesday’s special election in California amid the Covid-19 pandemic by adding a polling place in one of the most diverse sections of a district. But the county actually added the polling location at the request of the area’s Republican mayor. In a move that could foreshadow his approach to November’s presidential election, Trump said Democrats were deliberately adding one of the few polling locations over the weekend in Lancaster, a city North of Los Angeles, where it was likely to benefit Democratic voters. “They are trying to steal another election. It’s all rigged out there. These votes must not count. SCAM!,” he tweeted. The election is expected to take place largely by mail, common in California, and the state mailed a ballot to all registered voters in the district. Still, there will be some opportunity for in-person voting. But though Democrats complained that the lack of a polling location in Lancaster would harm minority voters, officials added the additional location after R Rex Parris, the city’s Republican mayor, requested it.

Florida: Florida becomes hot spot in the election security wars | Joseph Marks/The Washington Post

Florida, which is a perennial swing state in presidential elections, is now shaping up as a battleground over election security efforts during the pandemic. Officials there have yet to say whether they’ll accept $20 million in federal money that lawmakers and experts say is vital to manage a surge in voting by mail and other changes brought on by the novel coronavirus. The money is Florida’s share of $400 million in election security funding Congress included in the coronavirus stimulus bill in March. But Congress also mandated states match that money with 20 percent of their own funds and it’s not clear whether Gov. Ron DeSantis (R) and the state legislature are prepared to foot the $4 million bill. “Florida doesn’t have a great record of administering elections during normal times, so during a pandemic the lack of planning and the lack of additional resources could be catastrophic,” Rep. Stephanie Murphy (D-Fla.), told me. Florida is the only remaining state that hasn’t signaled its intentions regarding the federal money. If officials there don’t accept it, lawmakers fear that could lead to a dramatic failure on Election Day that throws the winner of the presidential election or control of Congress into question and plays into the hands of U.S. adversaries that want to undermine confidence in democracy.

Kentucky: Voters to get free postage for absentee ballots | The Herald Ledger

Kentuckians choosing to vote by absentee mail-in balloting in next month’s primary won’t have to pay for postage under a decision by state elections officials last week. The State Board of Elections (SBE) adopted the free postage at a special meeting conducted online, the Lexington Herald-Leader reported. The board also said county clerks will be able to hire temporary help to manage the election during the coronavirus pandemic. The board’s emergency regulations follow Gov. Andy Beshear’s executive order last week that calls on all voters to use absentee voting by mail if they can in the June 23 primary election. But in-person voting will still be made available. Every eligible registered voter will receive a postcard with instructions on how to apply for an absentee ballot, which will be delivered by mail. A secure online portal for all voters to request the ballots is being created. All eligible voters who apply for an absentee ballot will qualify to receive one. “The SBE is working on the portal, but hasn’t given us a firm date as to when it will be ready,” said Lyon County Clerk Lori Duff. Once the ballot is completed, it can be mailed free of charge or can be dropped off at a secure county-government location.

Missouri: State Pushes Back on Absentee Voting for All Residents | Joe Harris/Courthouse News

A lawyer for Missouri argued Tuesday that a lawsuit seeking to allow all eligible voters in the state to cast absentee ballots in light of Covid-19 pandemic is overly broad and would fundamentally change how those ballots are issued. In a hearing Tuesday afternoon in Cole County Circuit Court, Missouri Solicitor General John Sauer argued the case should be dismissed. “The relief plaintiffs are asking for would make absentee voting the dominant form of voting in Missouri,” Sauer argued before Circuit Judge Jon Beetem. “Traditionally, absentee voting has been considered the exception to the rule rather than the rule.” The American Civil Liberties Union, ACLU of Missouri and Missouri Voter Protection Coalition filed the lawsuit on April 17 seeking to make absentee mail-in balloting available to all eligible voters in Missouri. It was filed on behalf of the NAACP of Missouri, the League of Women Voters of Missouri and several individual voters. Missouri law requires voters to provide an excuse in order to vote absentee. One of the allowable reasons is “incapacity or confinement due to illness or physical disability.”

Nebraska: Primary voters avoid polls, shatter mail-in record | Grant Schulte/Associated Press

Nebraska’s primary voters mostly steered clear of polling sites Tuesday while shattering the state record for absentee voting with nearly 400,000 mail-in ballots in the midst of the coronavirus pandemic. Republican President Donald Trump and presumptive Democratic challenger Joe Biden sailed to easy victories in the election, the first in-person primary since a heavily criticized election in Wisconsin five weeks ago in the middle of the coronavirus pandemic. So did Republican U.S. Sen. Ben Sasse, who faced a GOP primary challenge because of his previous criticism of Trump. Sasse will face Chris Janicek, the owner of an Omaha cake-baking company, who won a nine-way Democratic primary Tuesday night. In a closely watched Democratic primary for an Omaha-based congressional district, voters chose progressive Kara Eastman over a more conservative candidate. Eastman will once again face Republican Rep. Don Bacon, as she did in 2018.

New York: Appeals court urged to OK June 23 presidential primary | Larry Neumeister/Associated Press

A federal appeals court should let New York’s Democratic presidential primary proceed on June 23 over the objections of the state, a lawyer for delegates said Monday. Attorney Jeffrey Kurzon filed written arguments with the 2nd U.S. Circuit Court of Appeals, which will hear the case Friday as lawyers for the state seek to overturn a lower-court decision that concluded the cancellation of the presidential primary was unconstitutional. “To take the extraordinary action of cancelling an election, no doubt an election now in progress, would cause extreme harm to the belief in democracy in our country and that we are a republic,” Kurzon wrote. Last week, U.S. District Judge Analisa Torres in Manhattan ordered the primary to take place on the same day other New York elections will occur, nullifying a decision by the Democratic members of the State’s Board of Elections to cancel the primary because of concerns about the coronavirus.

South Carolina: Lawmakers OK absentee voting expansion in June 9 primary out of COVID-19 fears | Maayan Schechter/The StateThe State

Any South Carolinian registered to vote in the upcoming June 9 primary who feared voting in-person due to the COVID-19 outbreak will be able to request an absentee ballot from the State Election Commission. State lawmakers on Tuesday fast-tracked legislation allowing registered primary voters to request an absentee ballot while the state is under an emergency order. The legislation — which Gov. Henry McMaster will sign, his spokesman said — sunsets on July 1, meaning it will not apply to the November general election. State Sen. Brad Hutto, D-Orangeburg, said Tuesday that South Carolina voters were likely already asking for an absentee ballot for unrelated reasons than being concerned over catching the coronavirus. The State Election Commission does not police voters, for instance asking for a doctor’s note or airlines receipts to check if they traveled. “Quite frankly, people were probably doing it,” Hutto said.

Tennessee: State election official: Fear of virus not reason to vote by mail | Jonathan Mattise/The Associated Press

Fear of contracting the coronavirus doesn’t meet the criteria to vote by mail due to illness in Tennessee, state officials said Tuesday, as they recommended preparing as though all 1.4 million registered voters who are at least 60 will cast ballots by mail in the August primary election. “In consultation with the Attorney General’s office the fear of getting ill does not fall under the definition of ill,” Coordinator of Elections Mark Goins told The Associated Press in a statement Tuesday. The guidance comes after the release of Tennessee’s COVID-19 election contingency plan, which was prepared by the state Division of Elections, dated April 23, and provided this week to the AP. The plan doesn’t contemplate a shift to allow all voters to cast ballots by mail due to fears of contracting or unknowingly spreading COVID-19 at the polls. Republican Secretary of State Tre Hargett has contended that would be a huge change in a short time frame for a state accustomed to voting in person. The GOP-led Legislature this year also brushed aside attempts to expand absentee voting in the midst of a pandemic. Several states, including Tennessee, have faced lawsuits to expand absentee voting.

Texas: Complaint filed over Attorney General’s tactics to limit mail-in voting | Stacy Fernández/The Texas Tribune

Two Dallas men have accused Texas Attorney General Ken Paxton of felony election fraud and formally asked the Dallas County district attorney’s office Monday to investigate a tweet and a letter Paxton sent regarding which Texans are eligible to cast mail-in ballots in upcoming elections. The Dallas County district attorney’s office confirmed Tuesday that it received the complaint. Kendall Scudder, a businessman who ran as a Democrat for a Texas Senate seat in 2018, and Dallas lawyer Woot Lervisit contend that Paxton knowingly misled county election officials and the public. In a May 1 letter, Paxton told local election officials that eligibility for absentee voting has not been expanded and that voters can’t legally ask for absentee ballots because they fear contracting the new coronavirus if they vote in person. Paxton’s claim was at odds with a state court ruling by Travis County District Judge Tim Sulak, who found last month that voters who lack immunity to the new coronavirus can qualify for mail-in ballots under a provision of the Texas election code that allows for absentee voting based on a disability. In his letter, Paxton indicated that ruling was put on hold when his office appealed it.

Wisconsin: Voters Brave Pandemic Again for Special Election | Andy Monserud/Courthouse News

Voters in northern Wisconsin braved the coronavirus pandemic Tuesday to cast their ballots in a special election to fill the vacant 7th Congressional District seat, just a month after the state saw record absentee voting in a virus-stricken presidential primary. Polling places in the towns of Hudson and Somerset near the state’s western border saw a steady trickle of voters choose between Republican state Senator Tom Tiffany of Minocqua and Tricia Zunker, a Democrat who is president of the Wausau School Board and justice on the Ho-Chunk Nation Supreme Court. Lines were rare and short at polling places in the two border towns despite Wisconsin’s consolidation of polling locations to save personal protective equipment. With two polling places each, local officials in Hudson noted that the in-person turnout was much lower than it had been during the state’s presidential primary and Supreme Court election on April 7.  The mood at Hudson’s firehouse, which hosted voting for two-thirds of the city’s voters, was easygoing early in the morning, with Police Chief Geoff Willems and Finance Director Alison Egger making casual conversation with voters in the parking lot.