The Catch-22 of Addressing Election Security | Sue Halpern/The New Yorker

Earlier this month, when the former Georgia U.S. senator David Perdue filed a lawsuit seeking to examine last year’s absentee ballots from Fulton County, the state’s largest election district, he became the latest Republican to parrot the cynical rhetoric of election fraud championed by Donald Trump. Just a few days earlier, Perdue, who lost reëlection to his Democratic opponent, Jon Ossoff, in a run-off election in January, not only declared his intention to challenge the incumbent Republican governor, Brian Kemp, in the 2022 primary but also announced that, if he had been governor in 2020, he would not have certified the Presidential election results. Not surprisingly, Trump has endorsed Perdue. (Kemp, who ran in the 2018 Republican gubernatorial primary as a Trump acolyte, was quick to point out via a spokesperson that “David Perdue is so concerned about election fraud that he waited a year to file a lawsuit.”) It’s unlikely that Perdue’s lawsuit will be any more successful than a similar one filed by nine voters in Georgia, which was thrown out in October. But there are other ways of winning. According to a Center for Election Innovation and Research poll, more than sixty per cent of Republicans now believe that the election may have been stolen. That narrative may not have been able to overturn the 2020 election, but it is undermining future elections by seeding widespread doubt about the legitimacy of the democratic process. Perdue, for instance, is claiming that sixteen Fulton County election officials, whom he has identified by name, counted and certified “unlawful counterfeit absentee ballots.” In so doing, he has joined a disturbing trend of vilifying election administrators for not delivering the Presidency to Trump. (A recent investigation by Reuters found more than a hundred threats of death and other acts of violence against election workers and officials.) Full Article: The Catch-22 of Addressing Election Security | The New Yorker

Inside the nonstop pressure campaign by Trump allies to get election officials to revisit the 2020 vote | Amy Gardner, Emma Brown and Josh Dawsey/The Washington Post

More than a year after Donald Trump lost the presidency, election officials across the country are facing a growing barrage of claims that the vote was not secure and demands to investigate or decertify the outcome, efforts that are eating up hundreds of hours of government time and spreading distrust in elections. The ongoing attack on the vote is being driven in part by well-funded Trump associates, who have gained audiences with top state officials and are pushing to inspect protected machines and urging them to conduct audits or sign on to a lawsuit seeking to overturn the 2020 results. And the campaign is being bolstered by grass-roots energy, as local residents who have absorbed baseless allegations of ballot fraud are now forcing election administrators to address the false claims. The fallout has spread from the six states where Trump sought to overturn the outcome in 2020 to deep-red places such as Idaho, where officials recently hand-recounted ballots in three counties to refute claims of vote-flipping, and Oklahoma, where state officials commissioned an investigation to counter allegations that voting machines were hacked. State and local officials said no one has presented actual evidence that rampant fraud tainted the 2020 election, and numerous ballot reviews and legal proceedings have affirmed that the vote was secure. Yet they and their staffs have been forced into a high-stakes game of whack-a-mole, debunking a steady stream of false allegations only to see similar claims emerge again from other groups or in other states.

Full Article: Inside the nonstop pressure campaign by Trump allies to get election officials to revisit the 2020 vote - The Washington Post

National: Democratic push on voting rights becomes more urgent as midterms approach | Theodoric Meyer/The Washington Post

Senate Democrats not only failed to push their social spending bill over the finish line before the Christmas holidays. They also fell short on another of the party’s top priorities this year: approving a landmark package of voting rights measures. And while Democrats argue the changes are critical to safeguarding democracy, strategists in both parties say the package could also reshape the battle for control of the House next year, potentially bolstering Democrats’ chances of hanging onto their House majority in a year when Republicans have the edge. One of the two bills that Democrats are considering, the Freedom to Vote Act, would bar partisan gerrymandering. If passed, the bill could trigger a cavalcade of lawsuits to force states to redraw new congressional maps that favor one party or the other, all before November 2022. “The [legislation] says that courts cannot allow a method that’s found to be illegal to be used simply because an election is imminent,” Eric Holder, the former attorney general and current chairman of the National Democratic Redistricting Committee (NDRC), said in an interview last week. “And so you would have the capacity once the bill is passed to challenge what Texas has done, what Georgia has done, North Carolina, Ohio — what they’ve either done or indicated they’re going to do.”

Full Article: Democratic push on voting rights becomes more urgent as midterms approach - The Washington Post

National: Retired generals: The military must prepare now for a 2024 insurrection | Paul D. Eaton, Antonio M. Taguba and Steven M. Anderson/The Washington Post

As we approach the first anniversary of the deadly insurrection at the U.S. Capitol, we — all of us former senior military officials — are increasingly concerned about the aftermath of the 2024 presidential election and the potential for lethal chaos inside our military, which would put all Americans at severe risk. In short: We are chilled to our bones at the thought of a coup succeeding next time. One of our military’s strengths is that it draws from our diverse population. It is a collection of individuals, all with different beliefs and backgrounds. But without constant maintenance, the potential for a military breakdown mirroring societal or political breakdown is very real. The signs of potential turmoil in our armed forces are there. On Jan. 6, a disturbing number of veterans and active-duty members of the military took part in the attack on the Capitol. More than 1 in 10 of those charged in the attacks had a service record. A group of 124 retired military officials, under the name “Flag Officers 4 America,” released a letter echoing Donald Trump’s false attacks on the legitimacy of our elections. Recently, and perhaps more worrying, Brig. Gen. Thomas Mancino, the commanding general of the Oklahoma National Guard, refused an order from President Biden mandating that all National Guard members be vaccinated against the coronavirus. Mancino claimed that while the Oklahoma Guard is not federally mobilized, his commander in chief is the Republican governor of the state, not the president.

Full Article: Opinion | Retired generals: The military must prepare now for a 2024 insurrection - The Washington Post

National: Dominion Voting wins key decision in lawsuit against Fox News | Katelyn Polantz/CNN

A judge in Delaware has found that Fox News' coverage of election fraud after the 2020 election may have been inaccurate, and is allowing a major defamation case against the right-wing TV network to move forward. Judge Eric Davis of the Delaware Superior Court declined to dismiss Dominion Voting System's lawsuit against Fox News in a significant ruling Thursday. The ruling will now allow Dominion to attempt to unearth extensive communications within Fox News as they gather evidence for the case, and the company may be able to interview the network's top names under oath. At this stage, the court must assume Dominion's claims about Fox News are true. Still, Davis called out, in the 52-page opinion, that Fox News may have slanted its coverage to push election fraud, knowing the accusations were wrong. Dominion alerted the network's anchors and executives to information that disproved accusations of widespread vote-switching following Donald Trump's re-election loss, the judge noted.

Full Article: Dominion Voting wins key decision in lawsuit against Fox News - CNN

National: CISA Hosts Election Cybersecurity Navigators Forum for State and Local Election Officials | Homeland Security Today

The Cybersecurity and Infrastructure Security Agency (CISA) recently concluded a forum for state and local election officials to discuss cyber navigator programs. Cyber navigators are state liaisons that can help under-resourced local jurisdictions manage their cyber risks, help sort through the onslaught of risk information, advice, and available services, and help fast-track mitigation efforts. During the two-day forum participants shared their experiences and identified lessons learned for navigator programs. This forum is part of a series of new steps to prioritize cybersecurity across the Department of Homeland Security. Secretary Mayorkas first outlined his vision for the Department’s cybersecurity priorities in March, which included a series of focused 60-day sprints designed to elevate existing work, remove roadblocks to progress, and launch new initiatives and partnerships to achieve DHS’s cybersecurity mission and implement Biden-Harris Administration priorities. DHS is currently in the midst of its “Election Security” sprint, focused on the need to cement the resilience of the nation’s democratic infrastructures and protect the integrity of its election. Full Article: CISA Hosts Election Cybersecurity Navigators Forum for State and Local Election Officials - HS Today

Editorial: Will Donald Trump Get Away With Inciting an Insurrection? | Laurence H. Tribe, Donald Ayer and Dennis Aftergut/The New York Times

In his nine months in office, Attorney General Merrick Garland has done a great deal to restore integrity and evenhanded enforcement of the law to an agency that was badly misused for political reasons under his predecessor. But his place in history will be assessed against the challenges that confronted him. And the overriding test that he and the rest of the government face is the threat to our democracy from people bent on destroying it. Mr. Garland’s success depends on ensuring that the rule of law endures. That means dissuading future coup plotters by holding the leaders of the insurrection fully accountable for their attempt to overthrow the government. But he cannot do so without a robust criminal investigation of those at the top, from the people who planned, assisted or funded the attempt to overturn the Electoral College vote to those who organized or encouraged the mob attack on the Capitol. To begin with, he might focus on Mark Meadows, Steve Bannon, Rudy Giuliani, John Eastman and even Donald Trump — all of whom were involved, in one way or another, in the events leading up to the attack. Almost a year after the insurrection, we have yet to see any clear indicators that such an investigation is underway, raising the alarming possibility that this administration may never bring charges against those ultimately responsible for the attack.

Full Article: Opinion | Will Donald Trump Get Away With Inciting an Insurrection? - The New York Times

Editorial: To save America’s democracy, Democrats need to start acting like Republicans | Austin Sarat/The Hill

The United States has two political parties that for most of the last half century have been going in different directions. One, the Republican Party, has been acting like the vanguard for a coherent and determined social movement whose object has been to rewrite the rules and norms of American politics and American life. At the same time, the Democratic Party has continued to try to be a big tent agglomeration of groups and act as if the political rules remain what they always have been. These diverging paths accelerated with the Trumpification of the Republican Party — but their roots can be traced back to the Supreme Court’s 1972 Roe v Wade decision legalizing abortion and, especially, the failed nomination of Judge Robert Bork to the Supreme Court in 1987. Bork — who opposed the Supreme Court's one man, one vote decision on legislative apportionment, the 1964 Civil Rights Act, and asserted that the Constitution contained no right of privacy — became a symbol of conservative grievance. As a National Public Radio report put it, his “nomination changed everything, maybe forever.” The Roe decision and Bork’s rejection galvanized the right wing in the service of a long term political and legal strategy. Since then, they have carefully vetted political candidates for ideological purity, unapologetically imposed litmus tests on judicial nominees, and developed an infrastructure to support their efforts. As Princeton historian Julian Zelizer puts it, Republicans learned that winning would take a “ruthless disposition.” Today Republicans are using Trump’s defeat in 2020 and the red herring of election fraud as their new Bork moment to propel a more insidious cause — stacking the political game to ensure that Trump (or his successor as Republican nominee) cannot lose the 2024 election. Full Article: To save America's democracy, Democrats need to start acting like Republicans | TheHill

California: Cascade of failures upended Los Angeles County’s 2020 primary, report finds | Kim Zetter/Politico

The election that spawned malfunctions and long lines during Los Angeles County’s 2020 primary was even more chaotic and poorly planned than previously indicated, according to an unpublished consultants’ report obtained by POLITICO. The 390-page document by Slalom Consulting describes a beleaguered election department that missed key deadlines, failed to properly manage a vendor that supplied faulty equipment, and hired inexperienced call center staff to help election workers deal with the breakdowns. The report holds implications for other local governments as they increasingly adopt the same kinds of election changes implemented last year in Los Angeles County, one of the nation’s most populous voting jurisdictions. Those include an expansion of early voting; a switch from neighborhood precincts to vote centers where anyone registered in the county can cast ballots; and the use of electronic devices instead of paper “poll books” to verify voters’ eligibility. The county managed these changes ineffectively, the consultants wrote, leaving it unprepared to respond to technical problems. Among them were troubles with the electronic poll books, which have also caused confusion and hourslong waits in places such as Georgia, Philadelphia, North Carolina and South Dakota. Other jurisdictions should take heed, one elections expert said in a text message. “The spectacular failure of LA’s primary shows just how brittle the vote center model actually is, and how easily elections dependent on vote centers can be crippled by malfunctioning e-pollbooks,” said Susan Greenhalgh, senior adviser on election security for the election integrity group Free Speech for People.

Full Article: Cascade of failures upended LA County’s 2020 primary, report finds - POLITICO

Colorado Secretary of State asks judge to dismiss ‘baseless’ GOP election-denier lawsuit | Chase Woodruff/Colorado Newsline

Colorado Secretary of State Jena Griswold has asked a judge to throw out a lawsuit filed by six Republican elected officials seeking to launch a third-party “audit” of the 2020 election, part of a broader effort to spread baseless conspiracy theories about widespread voter fraud and seize control of state elections. Griswold’s response, submitted on Monday, moves to dismiss all three claims for relief made by the lawsuit against her, which was filed last month by a group of GOP officials led by state Rep. Ron Hanks, a Penrose lawmaker and 2022 candidate for U.S. Senate. “My office is requesting the judge dismiss this baseless lawsuit,” Griswold said in a statement. “The plaintiffs’ allegations are patently false, and their legal justifications without merit. Nationwide, bad actors are abusing the judicial process to spread disinformation, undermine confidence in elections, and suppress the right to vote. It is extremely concerning to see elected officials here in Colorado spread conspiracy theories about the 2020 election.” Hanks’ lawsuit raises a series of objections to the secretary of state’s election procedures, including Griswold’s adoption of emergency rules prohibiting what she called “sham election audits” like the one that took place earlier this year in Arizona. That effort, conducted by Florida-based firm Cyber Ninjas at the request of GOP lawmakers, has been widely criticized as undermining confidence in the state’s election system while uncovering no credible evidence of fraud. Full Article: Griswold asks judge to dismiss 'baseless' GOP election-denier lawsuit - Colorado Newsline

Florida: Rules to use high-speed audit equipment for vote recounts drafted | Jeffrey Schweers/Tallahassee Democrat

State elections officials are proposing new rules for election audits and recounts based on a law approved in 2020. It was pushed by county election supervisors for years to allow independent auditing machines to perform recounts. The law took effect Jan. 1, 2021, but can’t be implemented without the rules – a process that was delayed by the COVID-19 pandemic and the applications of former felons seeking restoration of their voting rights whose eligibility needed to be investigated. “The rules currently envision refeeding all ballots through the ballot tabulation system,” said Leon County Supervisor of Elections Mark Earley, also the incoming president of the Florida Supervisors of Elections statewide association. “The end goal is we can now use this new technology to enable much more efficient and transparent recounts for the counties that have adopted this technology,” Earley said. But “we can’t do that until these rules are written.”

Full Article: New rules for Florida vote recounts being considered

Florida Gov. DeSantis worries voter groups, local officials with elections police proposal | John Kennedy/Sarasota Herald-Tribune

Gov. Ron DeSantis’ push to create a new law enforcement arm to police Florida elections is sparking concern among voter outreach organizations and state elections officials worried about how this force could be deployed. The Republican governor has praised Florida’s election performance in the 2020 presidential contest. But he’s never dismissed claims by former President Donald Trump that he lost the White House due to widespread voter irregularities and fraud last November. DeSantis’ call for a $5.7 million, 52-person Election Crimes and Security investigative force within the Florida Department of State has emerged as one of his attempts to lift the cloud he, Trump and others have kept swirling around U.S. elections. Others aren’t so sure. “This is a solution in search of a problem,” said Orange County Elections Supervisor Bill Cowles who, like most elections professionals, says actual vote fraud rarely occurs and is even less likely to be part of an organized effort.

Full Article: DeSantis' plan for election police prompts concern from voter groups

Georgia: Lincoln County attempts to eliminate six of seven polling places | Susan McCord/Augusta Chronicle

Lincoln County is trying to close all but one polling place for next year’s elections, a move opposed by voting and civil rights groups. Relocating voters from the county’s seven precincts to a single location will make voting “easier and more accessible” and eliminate the need to transport voting equipment and staff the remaining sites, according to a news release. Community members disagreed. “Lincoln County is a very rural county. Some people live as far as 23 miles from the city of Lincolnton,” said Denise Freeman, an activist and former Lincoln County school board member. “This is not about convenience for the citizens. This is about control. This is about the good old boys wanting to do what they’ve always done, which is power and control.” The move was made possible after the Georgia General Assembly passed legislation earlier this year disbanding the Lincoln County Board of Elections. The chief sponsor of Senate bills 282 and 283 was Sen. Lee Anderson, R-Grovetown, whose district includes Lincoln County. The newly-appointed board agreed to move forward with the “consolidation” plan and was expected to vote on it last week, but appeared to lack a quorum, several said. Multiple public interest groups including the Georgia Coalition for the People’s Agenda, Common Cause Georgia, the Southern Poverty Law Center and Augusta’s Interfaith Coalition are taking a stand against the effort.

Full Article: Lincoln County attempts to eliminate six of seven polling places

Michigan: Trump backers want audit of 2020 vote funded by anonymous donors | Jonathan Oosting/Bridge Michigan

A petition drive to require a “forensic audit” of Michigan’s 2020 presidential election would guarantee anonymity to private backers who would pay for the multi-million dollar review, according to language filed Tuesday. Organizer John Rocha, a Republican state House candidate endorsed by former President Donald Trump,  told Bridge Michigan the proposed audit process would be transparent, but he argued funders should be allowed to remain private to prevent backlash. “A lot of people have been getting shamed and doxxed” for political activities and beliefs, Rocha said before a small rally at the Michigan Capitol. “We don’t want that for people who are willing to support this.” The audit proposal, which organizers hope to put before voters in 2022, is the latest in a series of attempts by Trump loyalists to challenge the 2020 contest, which the former president continues to claim was rigged despite local audits and a GOP-led oversight investigation that found no evidence of fraud. The petition proposes creating a 16-member audit board, composed of political precinct delegates, that would raise money to hire private contractors to conduct another review of Michigan’s 2020 election, which Democratic President Joe Biden won by 154,188 votes. 
Full Article: Trump backers want audit of 2020 Michigan vote funded by anonymous donors | Bridge Michigan

Nevada county where Trump won to replace voting machines | Sam Metz/Associated Press

Local officials in rural Nevada decided on Thursday to replace equipment manufactured by Dominion Voting Systems — a sign that unsubstantiated concerns about election machine tampering are still prevalent more than a year after the 2020 election. In Lander County, population 5,734, commissioners approved $223,000 in spending for new ES&S voting machines and $69,000 for maintenance, installation and training. ES&S equipment is federally certified and used throughout the country, including in Carson City. The equipment will replace Dominion’s suite of voting equipment, which was the subject of conspiracy theories in the aftermath of the 2020 election, with Trump campaign attorneys suggesting without evidence that the company’s equipment had ties to Venezuela, George Soros and Antifa. Those claims have been largely debunked. News networks that promulgated them have faced defamation lawsuits. But Lander County residents continued to claim that Dominion’s equipment swayed the election results in comments to the commission over the past several months. The commissioners decided to replace Dominion equipment after outgoing County Clerk Sadie Sullivan, who oversees local elections, told them in October that the company had been a reliable partner. They said their scrutiny of Dominion machines wasn’t because they thought Lander’s elections was victim to foul play, but because they weren’t sure about the machines elsewhere.

Full Article: Nevada county where Trump won to replace voting machines | AP News

New Hampshire town rejects bid to ban use of voting machines | Associated Press

A New Hampshire town has resoundingly rejected a proposal to ban the use of voting machines and return to counting ballots by hand. Voters in the town of Greenland on Saturday defeated a citizen petition that would have stopped the use of voting machines in all local, state and federal elections. Seacoastonline.com reports the vote was 1,077 against to 120 in favor of the proposal. Town Clerk Marge Morgan told the news outlet that turnout was higher than expected and officials had to print more ballots. Greenland has a little over 4,000 residents, according to the 2020 U.S. Census. Similar attempts to ban voting machines are under way in Hampton and Kensington, and a bill calling for a statewide ban was filed in the Legislature.

Full Article: New Hampshire town rejects bid to ban use of voting machines

Pennsylvania judge rules Republicans have to wait until next month before working out rules for inspection of voting machines | Associated Press

Republican lawmakers aiming to expand what they call a “forensic investigation” of Pennsylvania’s 2020 election into a new frontier of inspecting voting machines must wait until next month, a judge decided Tuesday. After a telephone conference, Commonwealth Court Judge Mary Hannah Leavitt sided with a lawyer for Gov. Tom Wolf's administration and said that Fulton County must first work out an agreed-upon set of rules for an inspection. Leavitt gave them until Jan. 10, at the suggestion of a lawyer representing Wolf's top election official in a separate lawsuit involving Fulton County's voting machines. In that lawsuit, Fulton County is contesting the state's decertification of voting machines it used in last year's presidential election. State lawyers last week discovered that Fulton County commissioners had voted to allow a contractor hired by Senate Republicans to download data and software on the voting systems. The exchange had been scheduled for Wednesday.

Full Article: Republicans have to wait until next month before working out rules for inspection of voting machines, Pennsylvania judge rules - The Morning Call

Texas: Phil Waldron’s Unlikely Role in Pushing Baseless Election Claims | Alan Feuer/The New York Times

A few days after President Biden’s inauguration put to rest one of the most chaotic transitions in U.S. history, a former Army colonel with a background in information warfare appeared on a Christian conservative podcast and offered a detailed account of his monthslong effort to challenge the validity of the 2020 vote count. In a pleasant Texas drawl, the former officer, Phil Waldron, told the hosts a story that was almost inconceivable: how a cabal of bad actors, including Chinese Communist officials, international shell companies and the financier George Soros, had quietly conspired to hack into U.S. voting machines in a “globalist/socialist” plot to steal the election. In normal times, a tale like that — full of wild and baseless claims — might have been dismissed as the overheated rantings of a conspiracy theorist. But the postelection period was not normal, providing all sorts of fringe players an opportunity to find an audience in the White House. Mr. Waldron stands as a case study. Working in conjunction with allies of President Donald J. Trump like Rudolph W. Giuliani, Sidney Powell and Representative Louie Gohmert of Texas, a member of the ultraconservative House Freedom Caucus — and in tandem with others like Michael T. Flynn, Mr. Trump’s first national security adviser and a retired lieutenant general — Mr. Waldron managed to get a hearing for elements of his story in the very center of power in Washington. Last week, the House committee investigating the events of Jan. 6 issued a subpoena to Mr. Waldron, saying that it wanted to know more about his role in circulating an explosive PowerPoint presentation on Capitol Hill and to Mark Meadows, Mr. Trump’s last chief of staff.

Full Article: Phil Waldron's Unlikely Role in Pushing Baseless Election Claims - The New York Times

Editorial: Intimidation of Wisconsin election officials corrodes democracy | Bob Bauer and Ben Ginsberg/Milwaukee Journal Sentinel

The recent pattern of attempted intimidation of state and local election officials, combined with attempts to inject partisan influence over the casting and counting of votes, has thrust Wisconsin into the harsh spotlight of a destructive nationwide trend which, if successful, will corrode public faith in our election process. We formed the bipartisan Election Officials Legal Defense Network precisely in response to these extraordinary developments — threats of physical harm and of criminal prosecutions directed against election officials who will not bend to one party’s desired outcomes. The network is managed by the nationally-respected, nonpartisan Center for Election Innovation and Research, and includes a bipartisan advisory board of more than 30 election officials and experts from around the country. All officials and staffers under attack who want free legal representation will have access to it through the network. We have been gratified by the number of lawyers and law firms prepared to offer their services, and seek additional volunteers. To underscore our commitment to this effort and make clear the availability of support through the network for election officials in Wisconsin as well around the nation, we will be holding a press event in Madison with election experts and a Wisconsin state senator to address the nature of this threat and the response that we believe is required. Actions and threats of prosecution by some Wisconsin legislators and the Racine County sheriff illustrate why the network is necessary.

Full Article: Intimidation of Wisconsin election officials corrodes democracy