National: As Republicans Take Aim at Voting, Democrats Search for a Response | Michael Wines/The New York Times

The Democratic Party pledged millions for it last week, grass-roots groups are campaigning for it nationwide and, as recently as Friday, Senator Chuck Schumer, the majority leader, said the fight for it had only begun. But behind the brave words are rising concerns among voting-rights advocates and Democrats that the counterattack against the aggressive push by Republicans to restrict ballot access is faltering, and at a potentially pivotal moment. President Biden is expected to put his political muscle behind the issue in a speech in Philadelphia on Tuesday. But in Congress, Democratic senators have been unable to move voting and election bills that would address what many of them call a fundamental attack on American democracy that could lock in a new era of Republican minority rule. And in the courts, attacks on voting restrictions face an increasingly hostile judiciary and narrowing legal options. Texas seems poised, absent another walkout by Democratic legislators, to become the latest Republican-controlled state to pass a sweeping legislative agenda placing new barriers to the ability to cast a ballot. That comes on the heels of a major Supreme Court ruling this month further weakening the one enforcement clause of the Voting Rights Act that remained after the court nullified its major provision in 2012. The decision arrived as advocacy groups were pressing lawsuits against restrictive voting laws enacted in roughly a dozen Republican-controlled state legislatures.

Full Article: As Republicans Take Aim at Voting, Democrats Search for a Response – The New York Times

New Hampshire: Windham election audit team submits report | Callie Patteson/Yahoo News

A highly anticipated report about an audit of the 2020 election in Windham, New Hampshire, has been submitted to officials in the state. One of the auditors, Harri Hursti, confirmed to the Washington Examiner on Monday that his team “submitted it yesterday,” more than six weeks after the audit concluded. The team’s findings may become public as early as Tuesday. The portion of the audit that included the handling of ballots concluded on May 27. However, the audit team’s work did not stop there. “Now, we have captured the data,” Hursti told observers at the time. “Now, we have to go back to do the analysis, and there might be something in the data, which we now have, which we haven’t yet understood.” The three-person audit team — made up of Hursti, Mark Lindeman, and Philip Stark — initially found that as many as 60% of ballots with machine-made or handmade folds were improperly counted by scanning machines rendered by the town Windham. The ballot papers were made correctly, but the problem was due to the machines “forcefully” folding the paper in the wrong position.

Pennsylvania: Tioga County won’t offer up voting machines to GOP election audit | Marc Levy/Associated Press

One of three counties targeted by a Pennsylvania state lawmaker for an Arizona-style “forensic investigation” of the state’s 2020 presidential election sought by former President Donald Trump will not allow third-party access to its voting machines. The three commissioners in rural Republican-controlled Tioga County announced the decision Tuesday, six days after receiving a sweeping, five-page request from Republican state Sen. Doug Mastriano for access to documents, information and equipment. The county’s solicitor, Christopher Gabriel, said Wednesday that the thrust of Mastriano’s request — under the threat of a subpoena — involves access to Tioga County’s voting machines. That could mean losing those machines, Gabriel said. “We can’t be in a position where we don’t have the election machines, because we have to run the next election, these are extremely expensive machines and our position is we need to follow the direction that (Acting Secretary of State Veronica Degraffenreid) has given us,” Gabriel said. Degraffenreid, Democratic Gov. Tom Wolf’s top election official, told counties last week that the state would decertify any election equipment that is subject to any such third-party access, rendering it useless in an election.

Full Article: County won’t offer up voting machines to election audit

National: The Biggest Threat to Democracy Is the GOP Stealing the Next Election | Steven Levitsky and Daniel Ziblatt/The Atlantic

The greatest threat to American democracy today is not a repeat of January 6, but the possibility of a stolen presidential election. Contemporary democracies that die meet their end at the ballot box, through measures that are nominally constitutional. The looming danger is not that the mob will return; it’s that mainstream Republicans will “legally” overturn an election. In 2018, when we wrote How Democracies Die, we knew that Donald Trump was an authoritarian figure, and we held the Republican Party responsible for abdicating its role as democratic gatekeeper. But we did not consider the GOP to be an antidemocratic party. Four years later, however, the bulk of the Republican Party is behaving in an antidemocratic manner. Solving this problem requires that we address both the acute crisis and the underlying long-term conditions that give rise to it. Last year, for the first time in U.S. history, a sitting president refused to accept defeat and attempted to overturn election results. Rather than oppose this attempted coup, leading Republicans either cooperated with it or enabled it by refusing to publicly acknowledge Trump’s defeat. In the run-up to January 6, most top GOP officials refused to denounce extremist groups that were spreading conspiracy theories, calling for armed insurrection and assassinations, and ultimately implicated in the Capitol assault. Few Republicans broke with Trump after his incitement of the insurrection, and those who did were censured by their state parties. From November 2020 to January 2021, then, a significant portion of the Republican Party refused to unambiguously accept electoral defeat, eschew violence, or break with extremist groups—the three principles that define prodemocracy parties. Because of that behavior, as well as its behavior over the past six months, we are convinced that the Republican Party leadership is willing to overturn an election. Moreover, we are concerned that it will be able to do so—legally. That’s why we serve on the board of advisers to Protect Democracy, a nonprofit working to prevent democratic decline in the United States. We wrote this essay as part of “The Democracy Endgame,” the group’s symposium on the long-term strategy to fight authoritarianism.

Full Article: Will the GOP Steal the 2024 Election? – The Atlantic

National: Democrats craft voting bill with eye on Supreme Court fight | Brian Slodysko/Associated Press

As congressional Democrats gear up for another bruising legislative push to expand voting rights, much of their attention has quietly focused on a small yet crucial voting bloc with the power to scuttle their plans: the nine Supreme Court justices. Democrats face dim prospects for passing voting legislation through a narrowly divided Congress, where an issue that once drew compromise has become an increasingly partisan flashpoint. But as they look to reinstate key parts of the Voting Rights Act of 1965, a landmark civil rights-era law diminished over the past decade by Supreme Court rulings, they have accepted the reality that any bill they pass probably will wind up in litigation — and ultimately back before the high court. The task of building a more durable Voting Rights Act got harder when the high court’s conservative majority on July 1 issued its second major ruling in eight years narrowing the law’s once robust power. “What it feels like is a shifting of the goal posts,” said Damon Hewitt, the president and executive director of the left-leaning Lawyers’ Committee for Civil Rights Under Law. Sparring in Congress for months has focused on a different Democratic bill overhauling elections, known as the For the People Act, which Republican senators blocked from debate on the chamber’s floor last month.

Full Article: Democrats craft voting bill with eye on Supreme Court fight

National: Trump’s still waging a war on truth — and it’s still bad for democracy | Doyle McManus/Los Angeles Times

Last month, as thousands of former President Trump’s loyal supporters waited for him at a rally in Ohio, a chant rose from the crowd. “Trump won!” they roared. “Trump won!” The former president agreed. “We won the election twice,” he said, “and it’s possible we’ll have to win it a third time.” Eight months after he lost convincingly to President Biden, Trump and his followers are studiously maintaining an alternative reality — and having remarkable success keeping the fiction alive. Almost two-thirds of GOP voters told pollsters in one recent survey that they’re still convinced the election was stolen — a number that hasn’t changed much since November. This isn’t a harmless exercise in political puffery; it deepens the polarization of American politics and weakens democracy. The charge that the election was stolen doesn’t merely flatter Trump; it’s also an attempt to delegitimize Biden. It makes it politically dangerous for Republicans in Congress to collaborate with the administration — for why would anyone loyal to Trump negotiate with a usurper?

Full Article: Trump’s still waging a war on truth – Los Angeles Times

National: The Republican Party’s top lawyer called election fraud arguments by Trump’s lawyers a ‘joke’ that could mislead millions | Josh Dawsey/The Washington Post

The Republican Party’s top lawyer warned in November against continuing to push false claims that the presidential election was stolen, calling efforts by some of the former president’s lawyers a “joke” that could mislead millions of people, according to an email obtained by The Washington Post. Justin Riemer, the Republican National Committee’s chief counsel, sought to discourage a Republican Party staffer from posting claims about ballot fraud on RNC accounts, the email shows, as attempts by Donald Trump and his associates to challenge results in a number of states, such as Arizona and Pennsylvania, intensified. “What Rudy and Jenna are doing is a joke and they are getting laughed out of court,” Riemer, a longtime Republican lawyer, wrote to Liz Harrington, a former party spokeswoman, on Nov. 28, referring to Trump attorneys Rudolph W. Giuliani and Jenna Ellis. “They are misleading millions of people who have wishful thinking that the president is going to somehow win this thing.” The email from Riemer to Harrington, which came about six weeks before a pro-Trump mob stormed the U.S. Capitol on Jan. 6, shows key figures in the party were privately disturbed by the false claims being made about the election by Trump and his supporters — even if they did not say so publicly.

Full Article: The RNC’s top lawyer called election fraud arguments by Trump?s lawyers Giuliani, Ellis a ‘joke’ – The Washington Post

National: DHS cybersecurity chief confirmed amid fallout from another ransomware attack | Geneva Sands/CNN

The Senate on Monday unanimously confirmed Jen Easterly to lead the Department of Homeland Security’s cybersecurity division, a role that will be key in the administration’s cybersecurity efforts. Easterly, a two-time recipient of the Bronze Star, was nominated by President Joe Biden in April to be the second director of the Cybersecurity and Infrastructure Security Agency. The agency has been led in an acting capacity by career official Brandon Wales since then-director Chris Krebs was fired for pushing back against lies by then-President Donald Trump and his supporters about election security. Easterly’s confirmation comes at a crucial time for the administration as it works to respond to a flood of recent ransomware and cybersecurity incidents. She will assume the post on the heels of the ransomware attack targeting software vendor Kaseya, and in the wake of the SolarWinds breach and back-to-back ransomware attacks that crippled critical infrastructure companies — Colonial Pipeline and JBS Foods. Republican Sen. Rick Scott of Florida had blocked a vote on Easterly’s confirmation for unrelated reasons, holding it up ahead of the July Fourth holiday weekend. Scott had previously said it wasn’t about Easterly or cybersecurity, but about DHS nominees and a “lack of accountability” from the Biden administration to address the border crisis.

Full Article: Jen Easterly: DHS cybersecurity chief confirmed amid fallout from another ransomware attack – CNNPolitics

National: Voting’s Hash Problem: When the System for Verifying the Integrity of Voting Software Lacks Integrity Itself | Kim Zetter/Zero Day

In September 2020, just weeks before voters went to the polls in one of the nation’s most critical and contentious presidential elections, state officials in Texas learned of a disturbing problem with election software used widely across their state and the country: a component of software provided by Election Systems and Software — the top voting machine maker in the country — didn’t work the way it was supposed to work. The component wasn’t involved in tabulating votes; instead it was a software tool provided by ES&S to help officials verify that the voting software installed on election equipment was the version of ES&S software certified by a federal lab, and that it hadn’t been altered by the vendor or anyone else since certification. But Texas officials learned that the tool — known as a hash-verification tool — would indicate that ES&S software matched the certified version of code even when no match had been performed. This meant election officials had been relying on an integrity check that had questionable integrity. When voters or security experts express concern that elections can be hacked, officials often cite the hash-verification process as one reason to trust election results. Hash verification involves running software through an algorithm to produce a cryptographic value, or hash, of the code. The hash — a string of letters and numbers — serves as a fingerprint of the program. If the software is altered and then run through the same hashing algorithm again, the hash that’s created won’t match the original hash. But Brian Mechler, an engineering scientist at Applied Research Laboratories at the University of Texas at Austin, discovered while testing ES&S software for the Texas secretary of state’s office last year, that the company’s hash verification tool didn’t always work correctly.

Full Article: Voting’s Hash Problem: When the System for Verifying the Integrity of Voting Software Lacks Integrity Itself – by Kim Zetter – Zero Day

Arizona secretary of state asks for investigation into possible election interference by Trump, Giuliani | Melissa Quinn/CBS

Arizona Secretary of State Katie Hobbs on Wednesday called for the state’s attorney general to investigate possible efforts by former President Trump, his lawyer Rudy Giuliani and others to pressure Maricopa County election officials during vote-counting in November. Citing a report in the Arizona Republic, Hobbs said in a letter to Arizona Attorney General Mark Brnovich that the alleged conduct by Mr. Trump, Giuliani, conservative lawyer Sidney Powell and Arizona Republican Party Chair Kelli Ward may have violated a state law that prohibits interfering with election officials. “Arizona law protects election officials from those who would seek to interfere with their sacred duties to ascertain and certify the will of the voters,” Hobbs said. “At the polling place, this law protects the right to vote. At the counting center, it protects the accuracy of results, free from political interference. But what protection exists for officials who fulfill their duties despite threats of political retribution if the person empowered to enforce the law is unwilling to do the same?”

Full Article: Arizona secretary of state asks for investigation into possible election interference by Trump, Giuliani – CBS News

Georgia: Trump’s Revenge on Brad Raffensperger | Russell Berman/The Atlantic

To many Americans, Brad Raffensperger is one of the heroes of the 2020 election. Georgia’s secretary of state, who is a conservative Republican, refused then-President Donald Trump’s direct pleas to “find” the votes that would overturn his defeat in the state. “I’ve shown that I’m willing to stand in the gap,” Raffensperger told me last week, “and I’ll make sure that we have honest elections.” As he bids for a second term as Georgia’s top election administrator, however, Raffensperger is not so much standing in the gap as he is falling through it. A Trump loyalist in Congress, Representative Jody Hice, is challenging him in a primary with the former president’s enthusiastic endorsement, and the state Republican Party voted last month to censure him over his handling of the election. GOP strategists in the state give Raffensperger no chance of prevailing in next May’s primary. “I would literally bet my house on it. He’s not going to win it,” Jay Williams, a Republican consultant in Georgia unaffiliated with either candidate, told me. Another operative, speaking anonymously to avoid conflicts in the race, offered a similar assessment: “His goose was cooked the day Georgia’s presidential-election margin was 12,000 votes and Trump turned on him.” Besides the one at Foggy Bottom, secretaries of state are not supposed to be famous. The job at the state level isn’t high-stakes diplomacy but mostly mundane administration. Before Raffensperger, the last secretary of state to find the national spotlight was Katherine Harris, whose handling (or mishandling, depending on one’s perspective) of the disputed 2000 election in Florida earned her a few punch lines on Saturday Night Live and two unremarkable terms in Congress.

Full Article: Trump’s Revenge on Brad Raffensperger in Georgia – The Atlantic

Louisiana’s new voting machine selection process won’t please everyone | Business Report

Gov. John Bel Edwards, Secretary of State Kyle Ardoin and Republican lawmakers have agreed to rework Louisiana’s method for selecting its next voting system, but the new law isn’t likely to end disputes over what technology to select and how to do the shopping. The new process, worked out in a bill by Senate GOP leader Sharon Hewitt, adds layers of legislative oversight and technical analysis, allows for more public input and requires an auditable paper trail for the voting system that can be chosen by Ardoin, the Republican who oversees elections in the state. Two recent efforts from the secretary of state’s office to replace Louisiana’s 10,000-plus voting machines collapsed in controversy. That has left the state continuing to scavenge for parts to keep some machines, many of which are decades-old, up and running properly. Lawmakers agree that a new voting system is needed. But on election issues, there’s simply no way to satisfy everyone. The changes included in Hewitt’s legislation won’t address all the disparate criticisms from supporters of former President Donald Trump who believe his claims of widespread voter fraud in the 2020 presidential election.

Full Article: Louisiana’s new voting machine selection process won’t please everyone 

Michigan: Federal judge grills Sidney Powell’s legal team in elections sanctions case | Clara Hendrickson and Dave Boucher/Detroit Free Press

A Michigan federal judge grilled Sidney Powell and her team of lawyers for roughly six hours Monday in response to motions to sanction the attorneys in connection with their conspiracy-laden lawsuit claiming election fraud in the state.  U.S. District Judge Linda Parker heard arguments from lawyers for Detroit and Michigan for sanctioning Powell and her team, but spent most of the hearing scrutinizing the baseless allegations of fraud and misconduct leveled in the lawsuit, which involved several attorneys, including three from Michigan: Scott Hagerstrom, Stefanie Lambert Junttila and Greg Rohl. Parker repeatedly questioned whether the attorneys properly investigated the claims of fraud and misconduct presented in affidavits included in the lawsuit before submitting them to the court. “My concern is that counsel here has submitted affidavits to suggest and make the public believe that there was something wrong with the election. And that is what this is all about. That’s what these affidavits are designed to do, to show that there was something wrong in Michigan, there was something wrong in Wayne County,” Parker said.  The lawyers largely could not say they spoke with the people who provided the affidavits, something that appeared of concern to Parker, who used phrases such as “shocks me,” “a little surprising” and “problematic.” “I think it’s wrong for an affidavit to be submitted in support … if there’s been no kind of minimal vetting,” Parker said.

Full Article: Federal judge grills Sidney Powell’s legal team in elections sanctions case

New York Senate Plans Statewide Hearings On Elections With Voters Taking Center Stage | Brigid Bergin/WNYC

After a tumultuous primary election season in New York City that is renewing perennial calls to overhaul how the state runs its elections, the head of the New York State Senate Elections Committee, State Senator Zellnor Myrie of Brooklyn, announced plans on Monday to hold a series of hearings across the state to gather input from voters about their experiences at the polls. “We’re going to go out to Syracuse and Rochester. We’re going to hear from Westchester, Hudson Valley, and Long Island voters about what they think should be changed,” said Myrie during an appearance on The Brian Lehrer Show. “So it won’t just be a panel of experts and folks who work in this space regularly. We’re going to hear from the voters,” he added. The announcement made good on a commitment from Senate Majority Leader Andrea Stewart Cousins who described the recent errors on the part of the New York City Board of Elections when they released and then retracted faulty ranked-choice voting tallies as a “national embarrassment” and pledged to hold legislative hearings this summer to develop reform proposals. The first State Senate hearing is expected to take place at Medgar Evers College in Brooklyn on July 28th with additional hearings scheduled for other localities in the final week of July and first week in August. Myrie said the process will culminate in Albany in September at a hearing that will also feature testimony from experts in election administration and good government. These State Senate hearings come in addition to one previously announced by the Assemblymember Latrice Walker, who chairs that chamber’s Election Law Committee, specifically on the topic of ranked-choice voting. That hearing is scheduled for Monday, July 19th at 250 Broadway in Manhattan.

Full Article: NY Senate Plans Statewide Hearings On Elections With Voters Taking Center Stage – Gothamist

Ohio refers 13 ballots — out of millions cast in 2020 — for investigation as possible voter fraud | Andrew J. Tobias/Cleveland Plain Dealer

Ohio Secretary of State Frank LaRose said Monday that voter fraud is “exceedingly rare” as his office announced it had referred 13 votes cast last year for further investigation as possible voter fraud. The 13 votes — or a tiny fraction of 1% of the 5.9 million votes cast during November’s presidential election — came from non-citizens who illegally cast a ballot, LaRose said. In Ohio, it is a felony for non-citizens to register to vote or to cast a ballot. Ohio Attorney General Dave Yost, a Republican, will review the cases for potential prosecution. State officials regularly cross-reference voting records with BMV records, which list someone’s citizenship status on their driver’s license. LaRose said his office also referred 104 instances in which non-citizens registered to vote but didn’t cast a ballot. Democrats have criticized LaRose, a Republican, and his GOP predecessors for publicizing rare instances of voter fraud, saying it creates a false impression. But LaRose said he does so to emphasize how rare it is. “What Ohioans should know is that voter fraud is exceedingly rare in Ohio and when it occurs, we take it seriously,” LaRose said.

Full Article: Ohio refers 13 ballots — out of millions cast in 2020 — for investigation as possible voter fraud – cleveland.com

Pennsylvania Department of State directs counties not to turn over election equipment | John Finnerty/CNHI News Service

Two days after state Sen. Doug Mastriano announced that he’s requesting that three counties turn over election materials and equipment for a “forensic investigation,” the Department of State on Friday directed counties to refuse any requests for access to voting equipment by third-party groups. Acting Secretary of State Veronica W. Degraffenreid issued a directive prohibiting third-party access to electronic voting systems, addressing requests that counties allow outside entities not involved with the conduct of elections to review and copy the internal electronic, software, mechanical, logic, and related components of Pennsylvania’s voting systems. “Such access by third parties undermines chain of custody requirements and strict access limitations necessary to prevent both intentional and inadvertent tampering with electronic voting systems,” Degraffenreid said. “It also jeopardizes the security and integrity of the systems and will prevent electronic voting system vendors from affirming that the systems continue to meet Commonwealth security standards and U.S. Election Assistance Commission certification.” Mastriano, a Republican from Franklin County, sent his request to the boards of elections in Philadelphia, Tioga and York counties, directing them to turn over all cast ballots and balloting materials from the November 2020 general election and the May 2021 primary. The request also included unprecedented access to electronic voting equipment. Mastriano, a staunch supporter of former President Donald Trump who attended the Jan. 6 insurrection at the U.S. Capitol, was one of three state Republican lawmakers who traveled to Arizona to view the election audit commissioned by the Senate Republicans in that state. The others who made the Arizona trip were state Sen. Cris Dush of Indiana County and state Rep. Rob Kauffman of Franklin County.

Full Article: Department of State directs counties not to turn over election equipment | News | meadvilletribune.com

Editorial: Pennsylvania Governor Wolf is right, election audit plan is a sham | Philadelphia Tribune

Gov. Tom Wolf says it is a “disgrace to democracy” that a Republican state lawmaker is trying to launch what he calls a “forensic investigation” of Pennsylvania’s 2020 presidential election, similar to what is happening in Arizona. Republican state Sen. Doug Mastriano, an ardent supporter of former President Donald Trump and a likely gubernatorial candidate, sent letters last week to officials in Philadelphia, York and Tioga Counties seeking election-related equipment and materials “needed to conduct a forensic investigation” of the 2020 election and the 2021 primary. “We’re looking at three counties, and if sufficient evidence comes up with shenanigans and corruption or fraud, then we’ll have a second round with additional counties,” he said on the far-right, pro-Trump cable network OAN. Philadelphia officials confirmed that the city received the letter. Mastriano’s sweeping request includes election-related materials such as ballots, mail ballot applications, mail ballot envelopes, voting machines, ballot scanners, vote-counting equipment, ballot production equipment, poll books, and computer equipment used throughout the election process. Mastriano warns in his letter that the Senate committee he heads may issue subpoenas if counties don’t respond by July 31 with a plan to comply.

Full Article: EDITORIAL: Wolf is right, election audit plan is a sham | Editorials | phillytrib.com

Texas Democrats will stay out of Texas until Aug. 6 to block voting bill | Abby Livingston and Alexa Ura/The Texas Tribune

Shortly after landing in Washington D.C. in an effort to deny the Texas House a quorum to block a voting restrictions bill, House Democrats indicated they plan to remain out of state until the end of the special legislative session that ends Aug. 6. Democrats’ Monday departure from the state upends the Legislature’s ability to turn any bills into law just days into a 30-day session that was called largely to advance GOP-backed legislation that would enact new restrictions on voting. Asked by a reporter what the caucus planned to do if Gov. Greg Abbott called another special session for the next day, state Rep. Chris Turner, D-Grand Prairie, suggested that was the reason behind why they had decamped to the capital. “That’s our message to Congress,” said Turner, the Fort Worth Democrat who chairs the House Democratic caucus. “We need them to act now.” At least 51 of the 67 Democratic members of the Texas House — the number needed to break quorum — fled the state on Monday, most of them boarding two chartered planes that landed in D.C. around 7 p.m. Central time. Last month, a delegation of Democratic state representatives and senators traveled to the U.S. Capital to advocate for a pair of federal bills. The first would preempt significant portions of the Texas bills and set new federal standards for elections like same-day and automatic voter registration. The second would restore sweeping safeguards for voters of color by reinstating federal oversight of elections in states like Texas with troubling records of discriminating against voters of color. This time the group was much larger — at least two buses full of members as of Tuesday night — and state Rep. Trey Martinez Fischer, D-San Antonio, referred to the expanded numbers as “reinforcements.”

Full Article: Texas Democrats will stay out of Texas until Aug. 6 to block voting bill | The Texas Tribune