National: CISA: Election Security Still Under Threat at Cyber and Physical Level | Alexandra Kelley/Nextgov

Federal cyber leadership doubled down on the need to continue to fortify election security at both the local and national level as threats from foreign and domestic actors will still be a problem ahead of the 2024 presidential election. “We face continuing threats from a growing number of foreign state sponsored threat actors intent on targeting our election infrastructure and voters through cyber activity and malign foreign influence operations,” Kim Wyman, the senior advisor for election security at the Cybersecurity and Infrastructure Security Agency said during a panel discussion hosted by the University of California, Los Angeles, on Friday. Wyman said that in the wake of the tumultuous 2016 presidential election, the security of the digital election infrastructure of the U.S. has made “incredible progress” in improving voting systems’ resiliency. She also noted that while law enforcement and regulatory bodies saw “no evidence” of deleted or lost votes within the 2022 election, state-sponsored threats were documented. “We did however, see activity from sophisticated state sponsored threat actors that is cause for continued vigilance,” she said. “Our adversaries continue to see our elections as opportunities for interference and influence.”

Full Article: CISA: Election Security Still Under Threat at Cyber and Physical Level – Nextgov

National: Election conspiracy movement grinds on as 2024 approaches | Christina A. Cassidy/Associated Press

One by one, the presenters inside the crowded hotel ballroom shared their computer screens and promised to show how easy it is to hack into voting systems across the U.S. Drawing gasps from the crowd, they highlighted theoretical vulnerabilities and problems from past elections. But instead of tailoring their efforts to improve election security, they argued that all voting machines should be eliminated — a message that was wrapped in conspiracies about elections being rigged to favor certain candidates. “We are at war. The only thing that’s not flying right now is bullets,” said Mark Finchem, a Republican candidate for secretary of state in Arizona last year who continues to contest his loss and was the final speaker of the daylong conference. Finchem was among a group of Republican candidates running for governor, secretary of state or state attorney who disputed the outcome of the 2020 election and who lost in a clean sweep last November in important political battleground states, including Michigan, Nevada, Pennsylvania and Wisconsin. Yet deep distrust about U.S. elections persists among Republicans, skepticism fueled by former President Donald Trump’s false claims and by allies who have been traveling the country meeting with community groups and holding forums like the one recently just outside Nashville, attended by some 250 people.

Full Article: Election conspiracy movement grinds on as 2024 approaches | AP News

National: Election Officials Call for Action to Protect Democracy | Suzanne Potter/Public News Service

American democracy is in mortal danger as the 2024 election approaches, according to experts at a conference held at the University of California, Los Angeles on Friday. Millions of Americans still believe the false claim that the 2020 election was stolen, and the insurrection that took place on January 6th of 2021 proves that some are willing to resort to violence. UCLA Law Professor Rick Hasen organized the conference and said some groups are actively working against the will of the voters. “Elections deniers won office in non-swing states, and many are in Congress,” said Hasen. “Local election officials have shared voting machine code with conspiracy theorists, and some local election boards have tried to require the hand count of ballots or refuse to certify election results.” In December, Congress passed reforms to the Electoral Count Act of 1887 – a rare bipartisan move to make it harder to attempt to overturn the results of a presidential election, as former President Trump did in 2020. Republicans have defeated Democratic proposals to reduce the influence of money in politics and expand access to voting.

Full Article: Election Officials Call for Action to Protect Democracy / Public News Service

National: Trump-commissioned report undercut his claims of dead and double voters | Josh Dawsey/The Washington Post

When Donald Trump called Georgia Secretary of State Brad Raffensperger on Jan. 2, 2021, in a now-infamous bid to overturn the 2020 election, he alleged that thousands of dead people had voted in the state. “So dead people voted, and I think the number is close to 5,000 people. And they went to obituaries. They went to all sorts of methods to come up with an accurate number, and a minimum is close to about 5,000 voters,” he said, without citing his study. But a report commissioned by his own campaign dated one day prior told a different story: Researchers paid by Trump’s team had “high confidence” of only nine dead voters in Fulton County, defined as ballots that may have been cast by someone else in the name of a deceased person. They believed there was a “potential statewide exposure” of 23 such votes across the Peach State — or 4,977 fewer than the “minimum” Trump claimed. In a separate failed bid to overturn the results in Nevada, Trump’s lawyers said in a court filing that 1,506 ballots were cast in the names of dead people and 42,284 voted twice. Trump lost the Silver State by about 33,000 votes. The researchers paid by Trump’s team had “high confidence” that 12 ballots were cast in the names of deceased people in Clark County, Nev., and believed the “high end potential exposure” was 20 voters statewide — some 1,486 fewer than Trump’s lawyers said.

Full Article: Trump-commissioned report undercut his claims of dead and double voters – The Washington Post

National: Florida Election Fraud Police Spur Copycats in Republican-Led States | Ryan Teague Beckwith/Bloomberg

Four Republican-led states are working to add new police agencies specifically to target voter fraud, following the example set by Florida Governor Ron DeSantis. Florida’s elections cop squad has faltered in its most high-profile cases since launching in July. But that hasn’t slowed down state legislators in Texas, Missouri, Ohio and Arkansas who have proposed bills that would create new police agencies to investigate voter fraud, an exceedingly rare crime typically handled by local police and elections officials. The proposals under consideration in the legislatures follow national moves by Republican lawmakers over the last three years to criminalize elections law by imbuing prosecutors with new powers, expanding the list of election-related crimes and beefing up punishments for technical violations. In Missouri and Ohio, the bills would create election police as part of the office of the secretary of state, currently both Republicans. In Arkansas, they would report to the attorney general, a Republican. In Texas, three different bills would create a statewide network of election marshals. Virginia’s Republican attorney general created an Election Integrity Unit last fall as well without the need of legislation.

Full Article: DeSantis’s Election Fraud Police Spur Copycats in Republican-Led States – Bloomberg

National: Where Dominion v. Fox Could Lead | Amy Davidson Sorkin/The New Yorker

Contested elections can have unexpected legacies. After the recount of the 2000 Presidential election results in Palm Beach County, Florida, a Canadian electrical engineer named John Poulos was struck, like most people, by what a mess it was. These were the days of the so-called Brooks Brothers riot and a Supreme Court fight that awarded Florida’s electoral votes to George W. Bush. Poulos was unimpressed by the voting technology, which featured poorly designed punch-card ballots that yielded hanging and dimpled chads, and overcounts and undercounts. During the next couple of years, he worked on building a better voting machine. He founded a company and, looking for a name, turned to the Dominion Elections Act of 1920, which had enfranchised many Canadian women. “We thought that would be a nice homage to helping voters vote,” he told Fortune. Dominion Voting Systems is now reaching a decisive stage in a defamation lawsuit it has filed against Fox News and its parent, Fox Corporation, whose chairman is Rupert Murdoch. Dominion has asked for compensatory damages of as much as $1.6 billion—a figure that may change—saying that Fox and its on-air personalities promoted an “inherently improbable and demonstrably false preconceived narrative” that it had been involved in a grand scheme to rig the 2020 Presidential election. A Delaware Superior Court judge, Eric Davis, will hear arguments for summary judgment this week. If the case moves forward, a trial should begin in April. In many ways, it’s puzzling that Fox has allowed the case to proceed this far. The evidence that has been made public in pre-trial filings, including internal texts and e-mails, could hurt its standing with almost every imaginable constituency, including its core audience. In one text, the host Tucker Carlson said of Donald Trump, “I hate him passionately.”

Full Article: Where Dominion v. Fox Could Lead | The New Yorker

National: Supreme Court urged by DOJ and other parties to sidestep independent state legislature dispute | Ariane de Vogue/CNN

As the Supreme Court deliberates behind closed doors over a case that many believe could be one of the most consequential voting rights disputes ever to reach the high court, the Justice Department and some other parties involved are suggesting the case be dismissed due to major developments since oral arguments. If the justices were to ultimately remove the case from the docket it would sidestep a major dispute over the so-called the Independent State Legislature theory pushed by conservatives and supporters of former President Donald Trump after the 2020 election for now. The case has captured the nation’s attention, because Republican lawmakers in North Carolina are asking the justices to adopt a long dormant legal theory and rule that state courts and other state entities have a limited role in reviewing election rules established by state legislatures when it comes to federal elections. Critics say the Independent State Legislature theory could revolutionize electoral politics going forward if fully adopted and could lead to state legislatures having absolute authority in the area without the necessary judicial oversight.

Full Article: Supreme Court urged by DOJ and other parties to sidestep independent state legislature dispute | CNN Politics

Alabama legislation introduced in 2023 session creates new rules for absentee voting, voters with disabilities | Baillee Majors/Alabama Public Radio

At least two bills up for debate in the 2023 legislative session deal with voting in the state of Alabama. Specific House bills have gained support from the ACLU of Alabama. Here’s a look at the legislation. This legislation seeks to authorize registered voters to apply for and vote using absentee ballots without an excuse. Under existing law, a registered voter in Alabama may only vote by absentee ballot if they meet one of the criteria prescribed by law for voting absentee. Currently under Alabama law, voters must declare that they will be out of town, incapacitated or otherwise unable to get to the polls in order to cast an absentee ballot. HB 95 would do away with the requirement to fit any of those criteria and allow any registered voter to vote by absentee ballot without an excuse.

Full Article: Legislation introduced in Alabama’s 2023 session creates new rules for absentee voting, voters with disabilities | Alabama Public Radio

Arizona Supreme Court rejects most of Kari Lake’s election challenge | Stacey Barchenger/Arizona Republic

Arizona’s top court has declined to hear Republican gubernatorial candidate Kari Lake’s challenge to her election loss, but kept the case alive by sending one of Lake’s claims back to a county judge to review. Lake asked the Arizona Supreme Court to consider her case after a Maricopa County judge and state appeals court rejected her claims that she was the rightful governor, or that a new election should take place. The former television news anchor made seven legal claims in her case, six of which the state’s top court said were properly dismissed by lower courts, according to an opinion released Wednesday written by Chief Justice Robert Brutinel. Those included claims that tens of thousands of ballots were “injected” into the election, which Lake called an “undisputed fact” in her lawsuit, as well as alleging that problems with tabulation machines disenfranchised “thousands” of voters. The opinion said Lake’s challenges were “insufficient to warrant the requested relief under Arizona or federal law.”

Full Article: Kari Lake election challenge mostly rejected by Arizona Supreme Court

Arizona bill requires use of only U.S.-built voting machines | Howard Fischer/Arizona Daily Star

Insisting that a “made in USA” label means more security, state lawmakers are moving to require that all election equipment be built only with domestic components and assembled in this country. Only thing is, there apparently are no such machines right now that meet those specifications. So Rep. Steve Montenegro, R-Goodyear, has agreed to craft his legislation so it doesn’t kick in until 2028. And even then, any equipment that counties already have would be exempt. But even assuming a domestic manufacturer could be found by then, that’s just part of the problem. Sen. Ken Bennett, R-Prescott, pointed out that HB 2613 would even preclude a tallying machine from having parts from elsewhere that couldn’t possibly affect the outcome of the vote, like plastic housing.

Full Article: Arizona bill requires use of only U.S.-built voting machines

Colorado’s top election official wants to change law allowing candidates can request a recount even if they’ve lost by a wide margin | Bente Birkeland/Colorado Public Radio

Colorado lawmakers will consider whether to make it harder for candidates who lose by a wide margin to request a recount. The proposal stems in part from a statewide recount last year that was conducted at the request of former Mesa County Clerk Tina Peters. She lost the Republican primary for secretary of state by 88,579 votes, or around 14 points. The recount found 13 additional votes for Peters and the primary’s winner, Pamela Anderson. Right now any candidate can request a discretionary recount, as long as they have the funds to pay for it. State rules require publicly funded recounts when the margin in a race ends up less than 0.5 percent apart. Democratic Secretary of State Jena Griswold said she’s concerned discretionary recounts can be used to spread distrust in the election system. “Democracy should not be exploited by candidates who lost by massive margins to spread disinformation, but also to really just make it harder for county clerks and election officials to do their job,” said Griswold. The legislation has not yet been introduced, but under Griswold’s proposal, discretionary recounts would only be allowed if the original margin is within 2 percent.

Full Article: Right now, candidates can request a recount even if they’ve lost by a wide margin. Colorado’s top election official wants to change that | Colorado Public Radio

Iowa joins red-wave exodus from multistate compact seeking accuracy of voter lists | Ed Tibbetts/Iowa Capital Dispatch

Iowa is joining a number of other Republican-led states in moving to pull out of a multistate organization that works to improve the accuracy of voter rolls and increase voter registration. Iowa Secretary of State Paul Pate, a Republican, announced last week he was taking the step to separate from the Electronic Registration Information Center, which has come under fire from some in the right-wing media and former President Donald Trump. In a Twitter post, Pate said he was “disappointed in the direction” the organization has taken and that a “failed vote to amend the membership agreement doesn’t allow each member to do what’s best for their respective state.” Pate’s position appears quite different from what it was a month ago, when he called the organization known as ERIC a “godsend,” according to a National Public Radio report. Pate also defended ERIC in a Twitter post in February. ERIC was founded by seven states in cooperation with the Pew Charitable Trusts in 2012 after a study was published saying that roughly 1 out of 8 voter registrations were no longer valid or were significantly inaccurate – and that at least 51 million eligible U.S. citizens weren’t registered to vote.

Full Article: Iowa joins red-wave exodus from multistate compact seeking accuracy of voter lists – Iowa Capital Dispatch

New York: Election Day vote centers proposed | John Whittaker/Observer Today

A new proposal in the state Senate would allow counties to establish countywide polling places for primary or general elections. S.5537 is sponsored by Sen. Rachel May, D-Syracuse, said the idea behind creating early voting sites should be extended to Election Day. “Given the success of this model during the early voting period, it is time for New York to take another step that has proven highly effective in numerous other states: establishing Election Day vote centers,” May said. Countywide vote centers have been used in Wyoming, South Dakota, Iowa, Utah, Arizona, Colorado, New Mexico, Texas, Arkansas, North Dakota and Indiana. Voters coming to vote are checked against an electronic poll book kept at the site. The first vote centers were created in Colorado in 2003. As more states have been added, vote centers have been said to reduce votes rejected for being in the wrong voting district, makes voting easier and more efficient, can save money by having fewer poll workers and boost turnout.

Full Article: Election Day vote centers proposed | News, Sports, Jobs – Observer Today

Pennsylvania judge dismisses latest GOP mail ballot lawsuit | Marc Levy/Associated Press

A Pennsylvania judge on Thursday dismissed a lawsuit filed by the Republican National Committee that had sought to prevent counties from helping voters ensure their ballots count by fixing minor, technical deficiencies on mail-in ballot envelopes. The judge said county courts, not a statewide court, have jurisdiction. The lawsuit, filed in the statewide Commonwealth Court, had argued that state law prevents what is known as “ballot curing” and, as a result, must be barred by the court. But Commonwealth Court Judge Ellen Ceisler agreed with lawyers for the state’s Democratic administration and ruled that county courts have jurisdiction in the matter, not a state court, because counties have the authority under state law to make rules, regulations and instructions necessary to run an election. Ballot curing has been practiced primarily by Democratic-leaning counties in Pennsylvania. It includes notifying voters that they forgot to do things like date or sign their ballot envelope and gives them the opportunity to come into a county office and fix it before polls close.

Full Article: Pennsylvania judge dismisses latest GOP mail ballot lawsuit | AP News

Pennsylvania judge gets more arguments on whether public can see 2020 election ballot images | John Beauge/PennLive

It would be absurd to conclude the General Assembly wanted images of mail-in and absentee ballots made public but not those cast in person. That was the argument put forward Tuesday by Jeffrey J. Stroehmann in a brief filed in Lycoming County court in support of evidence presented at a Feb. 21 hearing. Judge Eric R. Linhardt, who is reviewing the images from the 2020 general election that Stroehmann wants made public, had given him and the county’s Office of Voter Services the opportunity to submit briefs before he makes a decision. Stroehmann, who chaired President Trump’s 2020 campaign in the county and attended the Jan. 6, 2021, rally in Washington, D.C., contends the images he seeks are public under the Election Code and the Right-to-Know Law.

Full Article: Pa. judge gets more arguments on whether public can see 2020 election ballot images – pennlive.com

South Dakota Gov. Kristi Noem signs post-election audit, other election bills into law | Eric Mayer/KELO

On Wednesday morning, Gov. Kristi Noem announced she signed 12 election-related bills into law. More than 30 bills were listed under that category of “elections” by the South Dakota Legislative Research Council during this  Among the changes for upcoming elections are a creating post-election audit, a 30-day residency requirement for voter registration, public testing of tabulating equipment within 10 days of an election, allowing school boards to change term lengths to help joint elections as well as bans to absentee ballot drop boxes, ranked-choice voting and a penalty for public funds being used to influence an outcome of an election. Other bills clarify or update current law regarding the Secretary of State’s office requiring maintenance of voter rolls and the list of candidates. “South Dakota’s election laws are built with integrity. We have one of the best election systems in the nation,” Noem said in a news release. “With these laws, we will further strengthen our fantastic system and provide accountability for the future.”

Full Article: Gov. Kristi Noem signs post-election audit, other election bills into law

Washington worries as election deniers target the U.S. voter database | Joseph O’Sullivan/Crosscut

In 2012, Washington and several other states helped form a nonprofit to help clean voter rolls and improve the accuracy of voter registration nationwide. Since then, the Electronic Registration Information Center, known as ERIC, has allowed participating states to share and match voter data in an effort to tamp down fraud. That valuable system, which helped the Secretary of State’s Office update more than 175,000 Washington voter records last year, is about to have its legs cut off. Election deniers are dragging the low-key and low-profile work into the morass of attacks on voting systems and election integrity after former President Donald Trump – who has repeated false claims that he won the 2020 election – lashed out against the system. Top election officials in Missouri, Florida and West Virginia earlier this month announced they would no longer work with the program, according to The Associated Press. Alabama previously announced it would leave the system, and Louisiana pulled out last year. Now, Washington Secretary of State Steve Hobbs and others are worried that their job keeping voter lists up-to-date and avoiding fraud will become harder if more states refuse to share and analyze voter rolls that could weed out people who have died, or may be voting multiple times in different states.

Full Article: As election deniers target the U.S. voter database, WA worries | Crosscut

Wisconsin judicial election could decide the next US president | Andy Wong/The Guardian

The Wisconsin supreme court election – which has been described as the most important election this year – takes place on 4 April, in less than three weeks, and is already the most expensive of its kind in US history. In this race, voters of color will once again be the key to electing a candidate who can safeguard our democracy. The question of whether Trump or another Republican election denier will have a second chance to try to disrupt a democratically decided election – and this time perhaps succeed – could be determined by this one judicial election in the midwest. Recognizing what is at stake, both sides have spent a staggering $27m so far on this race. The election will probably be tight and every vote will count. Wisconsin is majority white, at around 80%, but the state is also at least 20% people of color, according to census data. If Democrats fail to prioritize investing in mobilizing voters of color and inspiring them to turn out to vote, they may lose. Typically, this type of judicial election would barely register as a blip in Wisconsin, let alone gain this much national attention. But the stakes in this battleground state are sky-high, not only because Wisconsin’s future hangs in the balance when it comes to abortion, voting rights, redistricting and elections policy, but also because the judicial seat could be crucial to ensuring a fair presidential election outcome in 2024.

Full Article: This Wisconsin judicial election could decide the next US president | Andy Wong | The Guardian