Smartmatic Sues Newsmax and One America News Network for Defamation | Jonah E. Bromwich and Michael M. Grynbaum/The New York Times

The legal battle against disinformation from right-wing media outlets is expanding. Smartmatic, an election technology firm that became a target of pro-Trump conspiracy theories about the 2020 presidential race, sued Newsmax and One America News Network on Wednesday for defamation, demanding that the conservative cable networks face jury trials for spreading falsehoods about the company. The new lawsuits add to a growing suite of litigation by Smartmatic and another election technology provider, Dominion, which found itself mired in the same conspiracy theories. In February, Smartmatic sued Rupert Murdoch’s Fox Corporation and several Fox anchors on similar grounds, as well as two of Mr. Trump’s lawyers, Sidney Powell and Rudolph W. Giuliani. “We are holding them accountable for what they tell their audience,” J. Erik Connolly, a lawyer for Smartmatic, said in an interview. Dominion has sued FoxNewsmax, One America NewsMs. PowellMr. Giuliani, and Mike Lindell, the chief executive of MyPillow. Smartmatic and Dominion were both accused by pro-Trump forces, without evidence, of rigging vote tallies in key states to swing the election to Joseph R. Biden Jr., part of a large-scale effort by Mr. Trump’s allies to cast doubt on the 2020 results. Those conspiracies have only expanded in the year since Mr. Biden won, as leading Republican officials and media personalities have continued to raise doubts about Mr. Trump’s defeat.

Full Article: Smartmatic Sues Newsmax and One America News Network for Defamation – The New York Times

Colorado: Mesa County needed to restore trust after an election system breach. Here comes Wayne Williams, in his boots. | Nancy Lofholm/The Colorado Sun

A kitschy red, white and blue wooden plaque reading “Of the people, By the people, For the people” hangs over a bank of Dominion Voting screens and scanners in a room tucked inside the warren of elections divisions offices at the Mesa County Clerk and Recorder’s building. Two cameras point at former Colorado Secretary of State Wayne Williams from corners of the room where he stands in his politically neutral red and blue plaid shirt and his size 15½ cowboy boots. He is taking in every detail of the ballot tabulating going on around him. And he is grinning. Sorting machines whir in the next room sending a stream of yellow ballot envelopes into slots. Election judges, in pairs of Republicans and Democrats, examine torn, stained, mismarked and unsigned ballots. Election workers wheel in locked black cases of ballots that other workers stack in bundles. Everything is operating as it should. This is turning out to be a normal election in abnormal circumstances that have placed Mesa County in a national spotlight at the vortex of election-fraud conspiracy theories. What went on in this room 4½ months ago brought Williams here. It also served as a wake-up call for what can happen when election integrity is compromised from the inside rather than by outside forces.

Full Article: How Mesa County sought to restore trust after its Tina Peters drama

National: The 2020 vote and its aftermath have left many election workers beleaguered | Ashley Lopez/NPR

Isabel Longoria runs elections in Harris County, which is where Houston is. She says she loves her job and thinks most people who do that kind work feel the same way. “I am an election nerd and I don’t know a single other elections administrator who is not an election nerd,” Longoria says. “We geek out, literally, on having the coolest job in America that we get to run the founding principles of this country — which is free and fair elections.” But since the 2020 presidential election, and amid the false allegations that followed claiming it was stolen, local election officials have faced increased scrutiny. Some have been harassed and gotten death threats. Some are leaving the job altogether. Longoria is not. She started her job as the county’s elections administrator in 2020, during the worst of the pandemic and ahead of a contentious election. She came up with a lot of ideas on how to make voting safer — ideas that were later criticized and prohibited by Republican state lawmakers. Longoria says she’s been doing what she can to help people understand what she does, but she’s finding that some people cannot be satisfied.

Full Article: The 2020 vote and its aftermath have left many election workers beleaguered : NPR

National: Senate GOP blocks John Lewis voting rights bill | Jordain Carney/The Hill

Republicans on Wednesday blocked the Senate from starting debate on a voting rights bill named after the late Rep. John Lewis (D-Ga.), marking the latest setback for Democrats in their push for new elections legislation. Senators voted 50-49 on whether to bring up the bill, falling short of the 60 votes needed to move forward. Vice President Harris presided over part of the vote.  Senate Majority Leader Charles Schumer (D-N.Y.) voted no, a procedural step that lets him bring the bill back up in the future for another vote. Unlike this year’s previous failed election reform votes, which were on bills that stretched well beyond bolstering the Voting Rights Act, Democrats picked up a GOP supporter: Sen. Lisa Murkowski (Alaska).  Murkowski and Sen. Joe Manchin (D-W.Va.) signed on to a revised version of the John Lewis Voting Rights Advancement Act on Tuesday after weeks of behind-the-scenes negotiating. “Ensuring our elections are fair, accessible and secure is essential to restoring the American people’s faith in our Democracy. That’s why my colleagues and I have come together to introduce the bipartisan John Lewis Voting Rights Advancement Act,” Manchin said in a statement.

Source: Senate GOP blocks John Lewis voting rights bill | TheHill

National: Cyberattacks Threaten Voter Confidence in Election Systems  | Lisbeth Perez/MeriTalk

While several aspects in the electoral system may be at risk, election officials at the Federal and state level agreed that cyberthreats have routinely and at larger numbers attacked voters’ confidence in the system with the spread of misinformation. Misinformation and disinformation about election systems and officials are demoralizing and take a tremendous amount of time and effort to combat. Judd Choate, the elections director for the state of Colorado, said during NextGov’s Election Security Summit on Nov 3, he and his team find themselves spending a significant amount of time playing defense against this misinformation and not enough time building up systems to fight off possible attacks. “We are getting hundreds of calls regarding misinformation. And a lot of the time, we find ourselves playing defense because there really is a limit in the things that we can do,” Choate said. Yet, according to Choate, partnerships with nonprofit organizations and Federal agencies like the Cybersecurity and Infrastructure Security Agency (CISA) have “created this incredible infrastructure to try and secure our election systems against these cyber threats.”

Full Article: Cyberattacks Threaten Voter Confidence in Election Systems  – MeriTalk

National: Meet the Obscure Think Tank Powering Trump’s Biggest Lies| Cameron Joseph/Vice

As Vice President Mike Pence and his team hid in the basement of the Capitol from rioters chanting “Hang Mike Pence” on Jan. 6, President Donald Trump’s attorney John Eastman emailed one of Pence’s staffers to blame him for the violence. “The ‘siege’ is because YOU and your boss did not do what was necessary to allow this to be aired in a public way so that the American people can see for themselves what happened,” Eastman told Pence adviser Greg Jacob. The insurrection came after Trump, with Eastman’s help, tried to bully Pence into blocking Congress from certifying President-elect Joe Biden’s election win—what Jacob called “bullshit” legal advice that had left them “under siege”—then whipped his supporters into a frenzy that led to the violent ransacking of the U.S. Capitol. Eastman, the director of the Claremont Institute’s Center for Constitutional Jurisprudence, is also the man who wrote the memo that said Pence should try to block Biden’s election certification.  And he wasn’t the only Claremont Institute leader involved in that harrowing episode—and in subsequent efforts to undermine democracy.  “Have been on Capitol Hill all day. We are in a constitutional crisis and also in a revolutionary moment,” Brian Kennedy, the president emeritus and senior fellow at the Claremont Institute, tweeted on Jan. 5. “We must embrace the spirit of the American Revolution to stop this communist revolution. #HoldTheLine.” 

Full Article: Meet the Obscure Think Tank Powering Trump’s Biggest Lies

National: After attacks on the 2020 election, secretary of state races take on new urgency | Stephen Fowler/NPR

Primary challenges are a normal part of politics, but normally low-key races to be a state’s chief election official are taking on a different tone after the 2020 election. At a recent rally held by former President Donald Trump in Perry, Ga., Rep. Jody Hice, R-Ga., stumped for his campaign to unseat Secretary of State Brad Raffensperger. “It is my deep conviction that Brad Raffensperger has massively compromised the right of the people at the ballot box,” he said. “He has opened wide the door for all sorts of irregularities and fraud to march into our election system, and it is time that we take charge of this.” Hice, who objected to Georgia’s Electoral College votes after the insurrection attempt at the U.S. Capitol in January, is running on a platform that promises to “aggressively pursue voter fraud,” “renew integrity” and replace the state’s $100 million ballot-marking system that was rolled out just last year. He is one of several pro-Trump Republican candidates in secretary of state races in swing states like Georgia, Arizona and Michigan who have embraced falsehoods about the systems they now want to oversee — attacking the 2020 election results and spreading misleading claims about voting machines and absentee ballots. Many elections officials who currently run things have faced the wrath of Trump for defending last November’s election — none more so than Raffensperger, who notably refused Trump’s request to “find” enough votes for him to win Georgia. Georgia’s narrow margins were counted three separate times, including once by hand in a risk-limiting audit. But more than a year later, baseless claims of fraud and wrongdoing persist.

Full Article: After attacks on the 2020 election, secretary of state races take on new urgency : NPR

Editorial: The long-dead ‘2020 was stolen’ claim gets more nails in its coffin | Philip Bump/The Washington Post

It was one year ago Wednesday that the “crime of the century” occurred, according to former president Donald Trump: The 2020 presidential election was stolen by Joe Biden and Democrats. And yet the anniversary of that contest dawned with that ridiculous assertion newly undermined — to the extent that something with literally no foundation can be undermined further. The theory as postulated by Trump and his allies goes something like this: Some group linked to the political left conducted a campaign to systematically submit votes on behalf of dead voters or people who hadn’t chosen to cast a ballot. Others used electronic voting machines to alter vote totals. This occurred not just across multiple states but within county-level voting systems that are all run independently. It occurred in such a way that Biden earned just enough votes in just enough places to carry the electoral college, suggesting both coordination and a sophisticated ability to track election results that seem to conflict with how we generally understand elections to be run. This rampant effort left all sorts of statistical fingerprints according to Trump’s allies, markers that emerge only following complicated calculations about vote totals and turnout, in the way that you might finally figure out the reason it makes sense to have a cookie for dessert despite your diet. Despite this rampant theoretical evidence that something iffy happened, no direct evidence of fraudulent efforts has been uncovered, no person has come forward to admit involvement in a scheme that would require at least hundreds of participants, and no physical evidence has been offered demonstrating how this effort was supposed to have worked.

Full Article: The long-dead ‘2020 was stolen’ claim gets more nails in its coffin – The Washington Post

Arizona Court to Rule on Contempt Charge Against State Senate | Charles Davis/Business Insider

An Arizona court is set to decide early next month whether to hold the Republican-led state Senate in contempt for failing to hand over documents related to the partisan, Cyber Ninjas review of ballots cast in the 2020 election. On Tuesday, Maricopa County Superior Court Judge Michael Kemp set a hearing for December 2 to address the lack of compliance with his earlier ruling that the documents should be handed over. Attorneys for the state Senate, which commissioned the review of Maricopa County’s 2.1 million ballots, have said some of the documents are protected by “legislative privilege,” an argument the court rejected last month. “[I]t is hard to imagine more serious litigation than the disclosure of documents underlying an audit of the election of the President of the United States and a United States Senator,” Judge Kemp wrote at the time. “This goes to the heart of our democracy and this audit was done in response to allegations of fraud and corruption.” The controversial, GOP-led audit of Arizona’s election results further confirmed President Joe Biden’s 2020 victory over Donald Trump. Republicans in Arizona’s state Senate commissioned Cyber Ninjas to helm the audit in April 2021 after Biden became the first Democrat to win in Maricopa County since 1948.

Full Article: Arizona Audit: Court to Rule on Contempt Charge Against State Senate

Colorado: Amid a clerk controversy, Mesa County voters this election wondered: Should I even cast a ballot? | Stina Sieg/Colorado Public Radio

In addition to his choices for candidates and ballot measures, Melvin Brady was certain about two things in Mesa County’s election Tuesday: He was going to cast a ballot, and he was not going to use a Dominion voting machine to do it. “I would not trust them, you know, very much,” said the 71-year-old, as he walked out of Mesa County’s election office. Brady had filled out his ballot at home, then put it in a drop box, “whereas, I used the machine last time,” he said. The difference between this year and last, he explained, are allegations he’s heard about voter fraud linked to Dominion machines in the 2020 presidential election. Tuesday’s election in Mesa County was notable for a few reasons: The county was voting on funding a new high school — a measure that appears likely headed for victory — there raged a battle for the future of the school board, and the county’s clerk was barred from overseeing the election, partly due to her theories, and actions, around the Dominion voting machines. It is the latter controversy that has some voters in Mesa County questioning how — and even if — they should cast a ballot.

Full Article: Amid a clerk controversy, Mesa County voters this election wondered: Should I even cast a ballot? | Colorado Public Radio

Florida again has an election too close to call | Brendan Farrington/Associated Press

In a state famous for election recounts, just 12 votes separated the leading candidates Wednesday in the Democratic primary in South Florida for the U.S. House seat of the late Alcee Hastings, elections officials said. By law, that means there will be a hand recount of ballots that tabulating machines read as having no votes or too many votes to determine if there is evidence of voter intention. The unofficial returns reported by Palm Beach and Broward county elections officials showed Broward County Commissioner Dale Holness ahead of health care company CEO Sheila Cherfilus-McCormick by 12 votes. “I’m hopeful this lead will hold through the recounts,” Holness said in a phone interview. “Certainly they are big shoes to fill. The congressman was really a powerhouse when it came to his ability to express himself. A great orator … I was very close to the congressman. He was a mentor.” While ballots cast by members of the military and other overseas Florida residents can be counted if received within 10 days of the election, that number is expected to be small. Unofficial returns showed Holness with 11,644 votes and Cherfilus-McCormick with 11,632 votes.

 

Full Article: Recount! Florida again has an election too close to call

Georgia: Trump call to ‘find’ votes was threat to my safety, elections official says | Martin Pengelly/The Guardian

The Georgia Republican responsible for running elections considered an infamous call in which Donald Trump told him to “find” enough votes to overturn Joe Biden’s victory in the state a “threat” to his safety and that of his family. Biden’s victory in Georgia was a narrow but vital part of his national win. No Democratic presidential candidate had taken the state since Bill Clinton in 1992. Trump called Brad Raffensperger, the Georgia secretary of state, nearly two months after election day, on Saturday 2 January. Telling him “it’s pretty clear we won”, the then president said: “I just want to find 11,780 votes, which is one more than we have [to get]” to surpass Biden’s total. Raffensperger, a conservative who supported Trump, resisted the president’s demands. That prompted Trump to suggest the refusal to expose mass voter fraud in Georgia – on which Trump insisted but which did not exist, as in all other states – could be a “criminal offense”. “That’s a big risk to you,” Trump said. “That’s a big risk.”

Full Article: Trump call to ‘find’ votes was threat to my safety, Georgia elections official says | Donald Trump | The Guardian

Michigan town deep in Trump country mistrusts all elections, except its own | Jonathan Oosting/Bridge Michigan

Julie Shaffer showed her ID, sat between privacy dividers, used an ink pen to fill out her ballot and fed it into a tabulator that responded with an electronic ding to indicate her vote had been counted. Then she stepped outside and declared elections are rigged. “They’re crooked — our government, our voting system — and I’m not really in favor of all the bullshit,” Shaffer said Tuesday outside Adams Township Hall, which is sandwiched between a cemetery and a privately-owned barn surrounded by high fences, Confederate flags and no trespassing signs. “A lot of it I got off YouTube,” Shaffer said, describing her online research into the 2020 election. “I was looking for Jeff Epstein, and then I hit on all this other stuff, and I’m going like, ‘Yeah, our government’s corrupt. Our country’s corrupt.’ ” Election conspiracy theories have gripped this small town in Hillsdale County that is home to about 2,450 people and no traffic lights. More than 76 percent of local voters backed former President Donald Trump in 2020, and one year later, many continue to believe the election was rigged against him.

Full Article: Deep in Trump country, a Michigan town mistrusts all elections, except its own | Bridge Michigan

North Carolina counties piloting new system for auditing elections | Jordan Wilkie/Carolina Public Press

Election night results are in, and in many cases the outcomes are clear, but the votes are not final. Before that can happen, county boards of election must go through a series of postelection procedures before certifying the election. This year, 15 counties are adding to their workload by testing out a new way to check election results, called “risk-limiting audits.” This new process could make post-election checks more efficient, more secure and improve confidence among voters. The N.C. State Board of Elections first tried to pilot these audits in March 2020, but the spread of COVID-19 put those plans on hold. Now, with this year’s municipal elections, the state is putting a years-in-the-making plan into action, “with the hope that RLAs will be instituted in all counties in future elections,” according to the State Board of Elections. But there’s a long road from here to there. Risk-limiting audits, as a mathematical concept, have been around for over a decade but have only begun to get broad attention by states in the last several years. Colorado, Rhode Island and Virginia require these audits by law, while another dozen states have pilot or optional risk-limiting audit programs. Most took years to develop the processes and laws to implement risk-limiting audits. North Carolina is not following a legislative path to put the audits in place. Instead, counties are completing their regular post-election procedures, including the current statutorily required sample audit, before certifying their election results. Then, in the time between their own certification and the state issuing final approval of the results, the 15 counties will run the additional risk-limiting audits.

 

Full Artic le: 15 NC counties piloting new system for auditing elections – Carolina Public Press

Ohio: Stark County election officials: new Dominion voting machines aced their first election | Robert Wang/The Canton Repository

Stark elections officials say the initial deployment of the county’s new roughly 1,400 Dominion ImageCast X voting machines went better than expected in Tuesday’s general election. “We had mostly positive responses to (the machines) because the screen is bigger and the brighter. And the voter-verified voter trail (the printout showing voter’s choices) lights up so people can see it,” said Regine Johnson, the deputy director of the Stark County Board of Elections, a Democrat. “It’s fairly similar to the previous (TSX voting machine) so it’s a newer generation. So it wasn’t a big change for most of the voters.” The controversial purchase of the machines became a political tug-of-war in 2021 between the Stark County elections board and county commissioners, resulting in a lawsuit and an Ohio Supreme Court ruling ordering commissioners to buy them. Johnson said voters did not seem to experience much of the learning curve she thought might be required. “We didn’t get a whole bunch of phone calls. And we thought we would because they were brand new,” Johnson said.

Full Article: Board of Elections: No major issues reported with voting machines

Pennsylvania’s election was sleepy compared with 2020. Some voters still saw high stakes: ‘The country’s just in such a state.’ | Andrew Seidman and Julia Terruso/Philadelphia Inquirer

In some ways, the 2021 election was similar to last year’s. Lots of Pennsylvania voters chose to cast ballots by mail — about 736,000 as of Tuesday afternoon, something not possible a couple of years ago. And partisan tensions flared at some polls, with debate over the future of the country, even in highly contentious school board races. But in most ways, Tuesday’s election was nothing like 2020. The glare of the national spotlight on Pennsylvania had faded. Elections officials said the process was relatively smooth and complaint-free. And unlike last year’s record, officials were expecting a low turnout typical for off-year elections. In one marquee race, Philadelphia District Attorney Larry Krasner was projected to handily win reelection against Republican Chuck Peruto, the expected outcome in a city with seven times as many Democrats as Republicans. But in other races, the night was shaping up as a strong night for the GOP. A little before 1 a.m., New Jersey Gov. Phil Murphy was in an unexpectedly tight battle with Republican challenger Jack Ciattarelli. And minutes later, the Associated Press projected Republican Kevin Brobson would beat Democrat Maria McLaughlin for a seat on Pennsylvania’s Supreme Court. In perhaps the nation’s highest-profile race — in Virginia, the only state other than New Jersey picking a governor —Republican Glenn Youngkin topped Democrat Terry McAuliffe, who previously held the office. Both parties will be scrutinizing the results in those and other races for evidence about the views of the electorate as they prepare for the first midterm election of Joe Biden’s presidency next year. Republicans were hoping to capitalize on Biden’s declining approval ratings, voters’ discontent with rising inflation, and controversy over how race is taught in public schools to win contests in blue states like Virginia and purple ones like Pennsylvania. And such divisions were apparent even in municipal elections. “The country’s just in such a state,” said Donna Weickel, 77, after she and her husband cast their votes for Republicans in Buckingham Township, Bucks County.

Full Article: Pa.’s election was sleepy compared with 2020. Some voters still saw high stakes: ‘The country’s just in such a state.’

Texas voting law faces lawsuit from Justice Department, targeting restrictions on mail-in ballots and voter assistance | Cassandra Pollock/The Texas Tribune

Full Article: Texas voting law faces lawsuit from Justice Department | The Texas Tribune

Wisconsin: Racine County sheriff seeks charges for state elections commissioners | Molly Beck and Patrick Marley/Milwaukee Journal Sentinel

The Racine County sheriff is recommending charges against five state election officials because they told clerks to bypass state law during the coronavirus pandemic and send absentee ballots to nursing homes instead of first visiting in person. Attorney General Josh Kaul blasted the move made by Sheriff Christopher Schmaling on Wednesday, calling it “a disgraceful publicity stunt” and “an abuse of authority.” Schmaling said Wednesday in a news release he wants Commissioners Marge Bostelmann, Julie Glancey, Ann Jacobs, Dean Knudson and Mark Thomsen to be charged with five separate crimes related to the incident, including felony charges of misconduct in public office and election fraud and three misdemeanor counts of being a party to a crime. Thomsen, Jacobs and Glancey are Democrats; Knudson and Bostelmann are Republicans. Schmaling is not recommending charges against staff of the Ridgewood Care Center or the local election clerks who oversaw absentee voting at the nursing home, which the sheriff alleges was handled improperly for eight voters. The announcement came a day after Democratic Gov. Tony Evers said Racine County officials should charge a nursing home worker or local clerk if they believe election laws were broken at the facility but said he sees no reason to assume voting problems occurred at other nursing homes.

Full Article: Racine sheriff seeks charges for Wisconsin elections commissioners