North Carolina dispute over congressional districts tees up major elections case at Supreme Court | Lawrence Hurley/NBC

When the North Carolina Supreme Court struck down the Republican-drawn congressional district maps in February, Rep. Tim Moore, the Republican speaker of the state’s House of Representatives, reached for some potent ammunition. In appealing to the U.S. Supreme Court, he and his allies embraced a hitherto obscure legal argument called the “independent state legislature” theory, which critics say could upend election law if the justices embrace it in a case being argued Wednesday. Moore said in an interview that he backed the theory because it is the only way to challenge a state court ruling that he believes was not based on law or precedent. “This ruling by the North Carolina Supreme Court was one more ruling that many of us believed just went beyond the pale of anything we had seen a state court do and really was just a political ruling,” he said, citing other rulings with which he had disagreed. The case, which could have a broad impact on an array of election issues, is being closely watched for its potential impact on the 2024 presidential election.

Full Article: Dispute over North Carolina congressional districts tees up major elections case at Supreme Court

What New Hampshire Can Tell Us About Restoring Faith in Elections | Farah Stockman/The New York Times

Brad Winslow is a genial 67-year-old who hugs people he just met. But when it comes to elections, his trust evaporates. A self-described computer geek who has spent much of his career programming machines, Mr. Winslow has long suspected that vote-counting tabulators could be rigged to advantage one politician over another. “I have zero faith in the voting process,” he told me. Mr. Winslow has felt this way for decades, long before the Big Lie. But an error in the vote count in the 2020 election in Windham, the town where he lived, deepened his doubt. He joined a citizens group that searches for evidence of fraud and says he purchased an AccuVote vote-counting machine on eBay — the same ancient model that New Hampshire still uses — to see if he could prove his suspicions. It’s tempting to dismiss him as a conspiracy theorist. Plenty of people do. One voting rights activist in New Hampshire warned me: “Those people can’t be placated.” But the line between a fanatic and a dogged citizen investigator can be difficult to parse. Mr. Winslow has spent countless hours researching the mechanics of elections. Wasn’t that a good thing? Doesn’t democracy depend on citizens who ask questions and demand answers? I decided to listen to him, to see if there was anything that could restore his faith — or shake my own. Eventually, I came to see that rather than dismissing skeptical voters like him, we might better see how they force us to stay vigilant about our elections. Long before Donald Trump hijacked the rhetoric of election security, experts warned that America’s decentralized elections are at risk from human error, software bugs and hackers.

Full Article: Opinion | What New Hampshire Can Tell Us About Restoring Faith in Elections – The New York Times

Pennsylvania judge backs penalties against county in voting machine case | Mark Scolforo/Associated Press

A Pennsylvania judge has recommended the state’s high court impose civil contempt penalties against a Republican-majority county government that this summer secretly allowed a third party to copy data from voting machines used in the 2020 election lost by former President Donald Trump. Commonwealth Court President Judge Renee Cohn Jubelirer’s 77-page report issued late Friday said the July inspection and copying of computer data from machines rented by Fulton County was a willful violation of a court order designed to prevent evidence from being spoiled. She recommended that the justices find that the county, based on the actions of Republican Commissioners Stuart Ulsh and Randy Bunch, “engaged in vexatious, obdurate, and bad faith conduct” in their lawsuit against the Department of State over whether a 2021 inspection by another outside group meant the machines could no longer be used. Cohn Jubelirer, an elected Republican, recommended that the county be ordered to pay some of the state’s legal fees and that the Dominion Voting Systems Inc. machines in question be turned over to a third party for safekeeping at the county’s expense.

Full Article: Judge backs penalties against county in voting machine case | AP News

Rhode Island: Will security concerns slow down speedy vote count? | Patrick Anderson/The Providence Journal

A mere hour after polls closed on Election Day, while many states were kicking off days of ballot counting, Rhode Islanders watching closely knew who would win all of the key statewide and federal races, including the ultra-competitive 2nd Congressional District battle. News organizations were able to call races (and meet deadlines) at hours that a few years ago would have been considered unthinkably early and get a head start formulating their post-vote takeaways. It hasn’t always been so fast. Rhode Island’s rapid election reporting is partly a consequence of its ultra-compact geography and the centralization of its elections bureaucracy compared to larger states where counties play a big role. And it’s partly because of decisions Rhode Island officials made a few years ago that turned it into the only state in the country where 100% of voting machines transmit results wirelessly.

Full Article: Will security concerns slow down Rhode Island’s speedy vote count?

Wisconsin’s midterm election results are certified with no fanfare after 2 years of histrionics over the 2020 vote | Molly Beck/Milwaukee Journal Sentinel

Wisconsin election officials for two years have taken fire from former President Donald Trump and supporters who believe Trump’s false claim that the Badger State should reverse the 2020 presidential election and question whether the state’s elections commission should keep its role in certifying vote tallies. But on Wednesday, in just about one minute and with no fanfare, the Wisconsin Elections Commission chairman certified the results of the first major election since the firestorm began. Chairman Don Millis’ certification of the reelections of Democratic Gov. Tony Evers and Republican U.S. Sen. Ron Johnson and the other election outcomes from the Nov. 8 midterm election marked at least a ceasefire in the two-year battle over how elections should be run and who should oversee them. Wisconsin’s quiet and orderly election certification creates a notable contrast with the state’s battleground counterparts in the Southwest and East, where some county officials in Arizona and Pennsylvania are refusing to certify election results after Democrats prevailed in races for governor and U.S. Senate. The smooth election outcome in Wisconsin also comes under increased scrutiny from a number of new poll observers recruited by political parties amid the false claims pushed by Trump over the security of the state’s elections.

Full Article: Wisconsin’s midterm election results are certified with no fanfare

Wyoming Attorney General Says Park County Cannot Count Ballots By Hand | Leo Wolfson/Cowboy State Daily

An effort to trigger a hand count audit of 2020 election ballots in Park County has been, for the most part, exhausted and rejected. The Wyoming Attorney General’s office has determined that Park County doesn’t have a right to allow a group of citizens to inspect and count ballots by hand. Park County Attorney Bryan Skoric had submitted to the Attorney General’s office three questions related to the matter. … With those questions answered, the Park County commissioners have indicated they’re shutting the door on any future consideration to hand count ballots. In two of the three questions, the AG’s office cited state law that covers the way ballots are counted in Wyoming. The law states that ballots designed to be counted by machine must be counted by said voting equipment and not determined subjectively by human tabulation, except in the case of damaged ballots. The secretary of state can set rules for the counting of ballots.

Full Article: Wyoming Attorney General Says Park County Cannot Count Ballots By Hand | Cowboy State Daily