International election observers in the U.S. consider this year the most challenging ever | Carol Morello/The Washington Post

As the eyes of the world focus on the U.S. election, teams of international observers are heading out across the United States amid concerns about the vote’s integrity.For the ninth time, observers affiliated with the Organization for Security and Cooperation in Europe (OSCE) have come to the United States to watch over an election and recommend improvements, a mission little-noticed by most Americans.But the 2020 campaign is different.As fears rise about voter suppression, violence and a potentially contested outcome in the United States, the Europeans say they hope their efforts will help assure Americans the vote is legitimate.“This is one of the most important elections we have ever observed as the OSCE Parliamentary Assembly,” said Roberto Montella, secretary general of the group, which will dispatch 59 lawmakers and a staff of 16 to monitor voting in 10 states and the District of Columbia.

Voter Websites In California And Florida Could Be Vulnerable To Hacks, Report Finds | Dina Temple-Raston/NPR

Back in July, two cybersecurity firms sent the Department of Homeland Security a troubling report that described a possible vulnerability in the online voter registration systems in dozens of counties in California and Florida.The report, obtained by NPR, warned that flaws that might have allowed hackers to change a handful of voter registration files four years ago are still likely to exist in some places, and could be used again.A spokesperson for DHS’ Cybersecurity and Infrastructure Security Agency, or CISA, called the report “questionable” and “unverified,” and said the department “takes vulnerability reporting and remediation seriously.”The report comes, however, as Director of National Intelligence John Ratcliffe announced Wednesday that Russian and Iranian hackers had used some voter registration information in a bid to send misinformation to voters and sow discord ahead of the election. It is unclear if the voter registration websites the report identified as vulnerable were part of the hack Ratcliffe revealed.

National: 12 Cyber Threats That Could Wreak Havoc on the Election | Garrett M. Graff/WIRED

Wednesday night, at a brief, hastily arranged press conference at FBI headquarters, four top US national security officials announced solemnly that they had evidence that two foreign adversaries, Iran and Russia, had obtained US voter data and appeared to be trying to spread disinformation about the election.It was the latest—and most troubling—episode in a week that has seen near-daily events set off potential alarms about how the US will hold up on and approaching Election Day. In the final hours last Tuesday before the voter registration deadline in Virginia, an accidentally cut fiber-optic cable knocked out access to the state registration portal. The next morning, the New York Post published an odd, inconsistent, and poorly sourced story about Hunter Biden and the Ukrainian energy company Burisma that reeked of a ham-handed information operation. A day later came an extended outage of Twitter. Neither the Virginia cable cutting nor the Twitter outage was nefarious, though US officials continue to argue over the origins of the Burisma leaks.This week, voters in states like Alaska and Florida began reporting threatening emails, purportedly from the white supremacist group Proud Boys, saying that the targeted Democratic voters should support Donald Trump—or else. National security officials soon confirmed that the emails appeared to originate with Iran—a revelation that led to Wednesday’s press conference.FBI director Christopher Wray used the event to highlight how united and focused the nation’s security leadership is on protecting the election. “We are not going to let our guard down,” Wray said. Yet the emails and other episodes suggest that the presidential election is sure to be filled with more unexpected surprises and tense moments—and served as reminders of the myriad ways that the election could go wrong in the remaining weeks, days, and hours of the campaign.Interviews and conversations with numerous election, law enforcement, and intelligence personnel over the last year have highlighted a dozen specific scenarios that particularly worry them as Election Day nears. The concerns roughly break down into two categories: technical attacks on data or access and online information operations.

National: Election night marks the end of one phase of campaign 2020 – and the start of another | Drew DeSilver/Pew Research Center

On Nov. 3, millions of Americans will trek to their local polling places to cast their ballots for the next president. That evening, after the polls close, they’ll settle down in front of their televisions to watch the returns roll in from across the country. Sometime that night or early the next morning, the networks and wire services will call the race, and Americans will know whether President Donald Trump has won a second term or been ousted by former Vice President Joe Biden. Just about every statement in the previous paragraph is false, misleading or at best lacking important context. Over the years, Americans have gotten used to their election nights coming off like a well-produced game show, with the big reveal coming before bedtime (a few exceptions like the 2000 election notwithstanding). In truth, they’ve never been quite as simple or straightforward as they appeared. And this year, which has already upended so much of what Americans took for granted, seems poised to expose some of the wheezy 18th- and 19th-century mechanisms that still shape the way a president is elected in the 21st century. Here’s our guide to what happens after the polls close on election night. While you may remember some of the details from high school civics class, others were new even to us. Keeping them in mind may help you make sense of what promises to be an election night like no other.

National: House Democrats Renew Calls for Bill Giving Election Assistance Commission More Funding and Responsibility | Courtney Bublé/Government Executive

Following news from intelligence officials on Wednesday evening of foreign election interference attempts, several House lawmakers are renewing their calls for the Senate to take up their massive reform bill that would bolster the funding and responsibilities of the nation’s elections clearinghouse. Director of National Intelligence John Ratcliffe and FBI Director Christopher Wray gave an unexpected press briefing on Wednesday—13 days out from the election—in which they said that Iran and Russia obtained voter registration information in attempts to meddle in U.S. elections. They said that voting remains secure, but House lawmakers renewed the call for the Senate to take up their “2019 For the People Act,” which the chamber passed in March 2019 and has specific provisions to beef up the Election Assistance Commission. Elections in the United States are run by states and localities, but the EAC—along with the FBI, Justice Department and Homeland Security Department—support them and have increasingly done so after the Russian election interference attempts in the 2016 cycle.

National: Overseas voting in U.S. election could double as anxious Americans mail in their ballots | Elizabeth Palmer/CBS News

Nearly 3 million U.S. citizens living overseas are eligible to vote in this year’s presidential election. Already there are clear indications of a massive turnout from these expats, who are taking advantage of a long-established international absentee ballot system — but with some extra anxiety As CBS News senior international correspondent Elizabeth Palmer notes, Americans don’t even have to be on the planet Earth to cast their votes. U.S. astronaut Kate Rubins, who blasted off last week for the International Space Station, will cast her absentee ballot with a little help from NASA Mission Control.”I think it’s really important for everybody to vote, and if we can do it from space, then I believe folks can do it from the ground, too,” she said. The trend was already headed upward. According to official data from the U.S. Federal Voting Assistance Program, the 2018 midterm elections saw an increase of about 30% in ballots sent from Americans abroad.

‘A lot of chaos’: Trump’s rhetoric, a global pandemic and a tsunami of lawsuits complicate 2020 election | Kristine Phillips/USA Today

By Election Night of 1876, Democratic presidential candidate Samuel Tilden was just one electoral vote away from victory. But returns from four states that could still hand the presidency to his Republican opponent, Rutherford B. Hayes, were in question. Both candidates declared victory, and the dispute dragged on for months. Threats of a civil war loomed. Voter fraud and intimidation ran rampant. Congress was forced to create an electoral commission that would decide the presidency. Voting along party lines, it declared Hayes the winner by just one electoral vote. By the time the country finally had a president, inauguration was just two days away.”It was a violent time,” said Franita Tolson, an election law expert from the University of Southern California. More than 140 years later, the looming chaos of the 2020 presidential race – marred by threats both at home and abroad – harkens back to the ugliest, most antagonistic presidential election in U.S. history.

Alabama: Supreme Court Conservatives Agree With Alabama Conservatives: Voting Should Be Dangerous and Difficult, as the Founding Fathers Intended | Elliot Hannon/Slate

In an unsurprising twist, the state of Alabama has moved to make it harder to vote in next month’s election by prohibiting curbside voting. On Wednesday, the conservatives on the U.S. Supreme Court unsurprisingly agreed that forcing at-risk voters into the polling booth during a pandemic was how the Founding Fathers would have wanted it—you know, original intent and all. The Supreme Court’s conservatives ruled 5 to 3 on an emergency application to block a lower court decision that said counties in the state could offer curbside voting if they wanted to. The court sided with Alabama’s Republican secretary of state, John Merrill, who barred counties from allowing a form of contactless curbside voting that is being allowed in various forms across the country, including notoriously vote-suppressing states like Texas. “Some level of risk is inherent in life and in voting, pandemic or no,” Merrill argued.

Alabama law does not weigh in on curbside voting, and it’s a practice that some counties in the state have used in the past. When Merrill decided, at the height of the pandemic, to prohibit the practice of essentially dropping off your vote with an election worker, rather than waiting in line and doing the same act inside a fire station or elementary school, several Alabamians sued on the grounds that the prohibition violated the Americans With Disabilities Act by not providing a reasonable accommodation for vulnerable voters. Those voters are primarily elderly residents and those with health conditions that make them high-risk if they contract the coronavirus. Last month, a federal court agreed that a curbside accommodation—that was optional, not required—was reasonable.

California: ‘MAGA’ hats allowed but ‘Biden’ gear banned under in-person voting rules | John Myers/Los Angeles Times

California election rules prohibit clothing, signs and swag urging support for a specific candidate at polling places, but state officials have decided no such ban exists on items emblazoned with the slogan “Make America Great Again,” a mantra championed by President Trump. If there’s a distinction between a shirt bearing the name of Democratic presidential candidate Joe Biden and the ubiquitous hats featured prominently in Trump’s online store, it may be lost on voters come election day. “I want to make sure the public knows what the rules are,” said Kammi Foote, the registrar of voters in Inyo County. “I don’t want to be accused of favoritism allowing MAGA gear but telling people with a Biden/Harris mask to remove it. ”California has long differentiated between political slogans and what the law defines as “electioneering” — displaying information about a candidate or campaign — at a polling place or vote center. Last month, state elections officials made clear that gear bearing the Trump slogan would not be considered synonymous with showing support for the president’s reelection.

Louisiana: Emails show how election officials shut down website on National Voter Registration Day | David Hammer/WWL

In mid-August, Louisiana elections officials delayed the scheduled maintenance of the state’s voter registration website from Sept. 8 to Sept. 22, apparently never noticing the move would shut down the site for hours on National Voter Registration Day and cause a political firestorm.Nearly 300 pages of public Secretary of State’s Office emails obtained by WWL-TV through a public records request seem to indicate the scheduling snafu was an honest mistake by election officials who were focused on the Aug. 15 municipal elections and an especially challenging election season. “The 2020 election cycle presented unprecedented challenges to our state, including a global pandemic and two hurricanes,” Secretary of State spokesman Tyler Brey said. “Despite a strained staff, the July and August elections were conducted without incident or error, and the presidential election is being administered with the same level of excellence Louisiana voters have come to expect.” But Democrats expressed suspicion about the motives of the Republican secretary of state, Kyle Ardoin. GOP legislators had pressed Ardoin this summer to make his emergency election plan more restrictive in November than it had been for the primaries and municipal elections.

Michigan Secretary of State faces lawsuits over open carry ban at polls | Dave Boucher and Paul Egan/Detroit Free Press

Two lawsuits were filed Thursday seeking to nullify Michigan Secretary of State Jocelyn Benson’s recent directive to ban the open carry of guns at polling places and other sites on Election Day. Both suits were filed in the Michigan Court of Claims.One suit was filed by gun rights activist Thomas Lambert and three nonprofit organizations: Michigan Open Carry Inc., Michigan Gun Owners and the Michigan Coalition for Responsible Gun Owners. The other suit was filed by Robert Davis, a Wayne County activist and serial litigator. Recently, Benson sent a directive to local clerks stating the open carrying of firearms within 100 feet of a polling place, clerk’s office or absentee ballot counting site would be banned on Election Day. The directive specifically acknowledges those with a license to carry a concealed weapon must continue to follow the law and guidelines that apply to where they’re allowed to carry. In addition to Benson, the Lambert suit names as defendants Attorney General Dana Nessel and Joseph Gasper, director of the Michigan State Police.Benson’s “pronouncement directly conflicts with Michigan’s statutory scheme; makes an unsupported correlation between mere possession of a firearm and voter intimidation; and is conjured without any legal basis or authorization under Michigan law,” the Lambert suit alleges.

Michigan’s voter transportation ban upheld by federal appeals panel | Beth LeBlanc/The Detroit Times

A federal appeals court panel has upheld Michigan’s ban on transporting voters to the polls, overturning a Detroit federal district judge in the latest decision from a suit filed last year by a Democratic group seeking to invalidate the law. The voter-transportation law, which was challenged by the Priorities USA super political action committee, bans hiring transportation for a voter who is otherwise physically capable of walking. A violation is a misdemeanor in Michigan and punishable by up to 90 days in jail or a $500 fine.Michigan law also bans third parties from helping to deliver ballot applications unless the person is “affirmatively” asked to provide assistance.

North Carolina Attorney General calls Trump leading source of election misinformation | Benjamin Freed/StateScoop

As state election and law enforcement officials continue their efforts to push back against tides of misinformation and disinformation that can potentially undermine voters’ confidence, North Carolina Attorney General Josh Stein on Thursday laid much of the blame at the feet of President Donald Trump. Speaking on a conference call with reporters hosted by the nonprofit Voter Protection Project, Stein called out Trump’s suggestions to his supporters that they attempt to vote both by mail and in person, and that they swarm polling places on Election Day to act as “observers.” “There’s been people, namely the president, encouraging people to vote twice, which is illegal in North Carolina,” said Stein, a Democrat who is running for re-election himself. “For a leader to encourage people to commit crimes is a shame.” There is credence to Stein’s assessment of the president. A study this month by Harvard University’s Berkman Klein Center for Internet and Society named Trump as a leading source of misinformation about voting by mail, for which instances of fraud are exceedingly rare.

North Dakota activists race to turn out Indigenous vote despite mail-in ballot challenges | Adam Willis/The Dickinson Press

Sisters Joletta and Theodora Bird Bear live across from one another on a remote stretch of western North Dakota highway roughly 9 miles east of Mandaree, a town of about 600 people on the Fort Berthold Indian Reservation. Their homes are just past a cluster of four roadside oil wells and before the recently paved intersection on the other side of the hill. “Don’t look at Google,” says Joletta when offering directions to her home. “You’ll end up somewhere 30 miles away.” Joletta and Theodora, Mandan Hidatsa members of the Three Affiliated Tribes, have spent most of their lives on rural Fort Berthold without street addresses that allow for easy mail delivery, nor mailboxes at the end of their long driveways. To pick up her mail, Joletta drives to the Mandaree post office, where for more than 20 years her mother worked as the town postmaster. When she retired, Joletta succeeded her. All told, the Bird Bears staffed the Mandaree post office — a place of unique importance on North Dakota’s tribal lands — for more than 40 years. With many homes like the Bird Bears’ lacking easily accessible addresses or regular route postal delivery, the post office provides a critical communication line and medical supply delivery to largely rural areas with below-average internet access and spotty cellphone coverage. For activist Nicole Donaghy, a Hunkpapa Lakota from the Standing Rock Sioux Nation and director at North Dakota Native Vote, an Indigenous voting rights group, the post office is “one of the very few lifelines that goes into a reservation.” It acts as a center of gravity for its region, a bedrock for community and a link to the country surrounding sovereign nations.Sisters Joletta and Theodora Bird Bear live across from one another on a remote stretch of western North Dakota highway roughly 9 miles east of Mandaree, a town of about 600 people on the Fort Berthold Indian Reservation. Their homes are just past a cluster of four roadside oil wells and before the recently paved intersection on the other side of the hill. “Don’t look at Google,” says Joletta when offering directions to her home. “You’ll end up somewhere 30 miles away.” Joletta and Theodora, Mandan Hidatsa members of the Three Affiliated Tribes, have spent most of their lives on rural Fort Berthold without street addresses that allow for easy mail delivery, nor mailboxes at the end of their long driveways. To pick up her mail, Joletta drives to the Mandaree post office, where for more than 20 years her mother worked as the town postmaster. When she retired, Joletta succeeded her. All told, the Bird Bears staffed the Mandaree post office — a place of unique importance on North Dakota’s tribal lands — for more than 40 years. With many homes like the Bird Bears’ lacking easily accessible addresses or regular route postal delivery, the post office provides a critical communication line and medical supply delivery to largely rural areas with below-average internet access and spotty cellphone coverage. For activist Nicole Donaghy, a Hunkpapa Lakota from the Standing Rock Sioux Nation and director at North Dakota Native Vote, an Indigenous voting rights group, the post office is “one of the very few lifelines that goes into a reservation.” It acts as a center of gravity for its region, a bedrock for community and a link to the country surrounding sovereign nations.

Ohio: Voting-rights’ groups end federal fight over drop boxes in presidential election | John Caniglia/Cleveland Plain Dealer

A legal fight to add more drop boxes in Ohio counties before Election Day ended Thursday, as voting-rights’ advocates dismissed their federal lawsuit against Secretary of State Frank LaRose. The NAACP of Ohio, the League of Women Voters and the A. Philip Randolph Institute of Ohio filed a brief notice that dropped all claims against LaRose in U.S. District Court in Cleveland.The filing marked the end of a contentious issue that lasted six weeks and bounced between a federal judge in Cleveland and the 6th U.S. Circuit Court of Appeals, which ruled in LaRose’s favor earlier this month and limited the number of drop boxes across the state. “We believe the appeals’ decision was wrong, but we didn’t have any other options,” said Jon Greenbaum, an attorney representing the organizations. “We weren’t going to make it better by appealing that decision.“At a future date, it can be brought up with new information, including from the 2020 election.”

Pennsylvania: Talks collapse on a deal to let counties open mail ballots before Election Day | Cynthia Fernandez and Jonathan Lai/Philadelphia Inquirer

Negotiations between the Republican-led legislature and Gov. Tom Wolf to let counties begin opening mail ballots in Pennsylvania before Election Day appeared to collapse Wednesday, setting up a potential nightmare scenario that some fear could leave the state counting millions of ballots for days after Nov. 3.The Democratic governor and legislative leaders had been negotiating behind closed doors as recently as Tuesday to change the election code after months of inaction. But the General Assembly adjourned Wednesday and is not scheduled to reconvene until Nov. 10, a week after the election. In adjourning, Republicans turned away pleas from county elections officials across the state, who said allowing them to open ballots before Election Day would reduce the staffing strain and administrative headaches on top of whatever issues they’re dealing with during in-person voting. Without a deal, the days-long process of counting mail ballots can’t begin until 7 a.m. on Election Day, potentially leaving the results unclear for days and opening room for candidates to falsely declare victory. As the day ended, both sides were left pointing fingers.

Pennsylvania: Trump Campaign Draws Rebuke for Surveilling Philadelphia Voters | Danny Hakim and Nick Corasaniti/The New York Times

The Trump campaign has been videotaping Philadelphia voters while they deposit their ballots in drop boxes, leading Pennsylvania’s attorney general to warn this week that the campaign’s actions fall outside of permitted poll watching practices and could amount to illegal voter intimidation. The campaign made a formal complaint to city officials on Oct. 16, saying a campaign representative had surveilled voters depositing two or three ballots at drop boxes, instead of only their own. The campaign called the conduct “blatant violations of the Pennsylvania election code,” according to a letter from a lawyer representing the Trump campaign that was reviewed by The New York Times. The campaign included photos of three voters who it claimed were dropping off multiple ballots.“This must be stopped,” a local lawyer for the Trump campaign, Linda A. Kerns, wrote in the letter, adding that the actions “undermine the integrity of the voting process. ”Both the Trump and Biden campaigns are focused on Pennsylvania, seen as one of the most important swing states in the election and where polls show Joseph R. Biden Jr. with a seven-point lead. The Trump campaign’s aggressive strategy in Philadelphia suggests its aim is to crack down on people dropping off ballots for family members or anyone else who is not strictly authorized to do so. Ms. Kerns demanded that the names of all voters who had used a drop box in front of Philadelphia’s City Hall on Oct. 14 be turned over to the campaign, and insisted that the city station a staff member around every drop box “at all times.” She also asked for footage from municipal cameras around City Hall.But city officials rejected the assertion that the voters who had been photographed had necessarily done something improper. The city’s lawyers forwarded the campaign’s complaints to the local district attorney, but did not make a formal referral and cast doubt on the assertions. They also said they do not track which voters use which drop box.

Texas Supreme Court rules that voters in Harris County may continue using drive-thru voting | Jolie McCullough/The Texas Tribune

Voters in the state’s most populous county can continue casting their ballots for the fall election at 10 drive-thru polling places after the Texas Supreme Court on Thursday rejected a last-minute challenge by the Texas and Harris County Republican parties, one of many lawsuits in an election season ripe with litigation over voting access. The court rejected the challenge without an order or opinion, though Justice John Devine dissented from the decision. The justices had already ruled against another challenge to expanded voting access this month because they said the lawsuit was filed too late, noting that altering voting procedures during an election could cause voter confusion.In an effort to expand access to voting during the pandemic, Harris County announced in June that it would set up 10 drive-thru polling locations available to all voters, the county clerk’s office explained in its filing to the Supreme Court. The county first tested the program with 200 voters in the July primary runoff election. At the locations, lines of cars are guided into either covered tents or a parking garage where poll workers check voters’ photo identification and registration status. Voters are handed a portable voting machine in their car to cast their ballots, the clerk’s filing said.

Washington: With new ballot-tabulation machines, King County residents can vote with ‘pink sparkly pen’ if they’d like | Joseph O’Sullivan/The Seattle Times

After the year you’ve had, King County voter, do you need some spice in your life? Well, if you’d like, go ahead and take a step on the wild side and mark that election ballot with a pink sparkly pen. That’s right, gone are the bad old days when the muckety-mucks over at King County Elections Department printed out ballots instructing you to fill out your election ballots in blue or black ink, giving you flashbacks to some horrid and surely embarrassing grade-school test experience. That’s because the tabulation equipment acquired by the department in 2017 is more versatile, according to Kendall LeVan Hodson, chief of staff to Elections Director Julie Wise.“We’d of course still count the ballots if they didn’t use blue or black ink, it just typically required that they be duplicated, which was time consuming and costly,” LeVan Hodson wrote in an email.  “The new tabulation system we put in in 2017 reads almost anything, so — after testing that out a little bit — we decided to remove that (use blue or black ink only) on the instructions.” That’s why in 2018, the instructions calling for blue or black ink were nixed, she added.