Supreme Court Rejects Theory That Would Have Transformed American Elections | Adam Liptak/The New York Times

The US Supreme Court rejected a legal theory that would have granted state legislatures broad powers to set rules for federal elections and engage in partisan gerrymandering. In a 6-3 vote, the court held that state legislatures are not exempt from the constraints imposed by state law. The case, Moore v. Harper, centered around a voting map drawn by the North Carolina Legislature that was initially rejected as a partisan gerrymander by the state’s Supreme Court. The US Supreme Court’s decision upheld the state court’s authority to review the actions of the state legislature and maintain its role in federal election matters. Read Article

Georgia elections official downplays cybersecurity threats despite report | Timothy Pratt/The Guardian

Georgia’s top election official, Brad Raffensperger, is disregarding a recently released report by J Alex Halderman and Drew Springall, which identifies serious vulnerabilities in Georgia’s computerized election system. The report, sealed by the court for two years, found vulnerabilities in almost every part of the system that could potentially allow votes to be changed, potentially affecting election outcomes. Raffensperger, however, is siding with a conflicting report commissioned by Dominion Voting Systems and claiming that the vulnerabilities are unlikely to be exploited. Raffensperger’s decision not to address the system’s vulnerabilities before the 2024 presidential elections has been criticized as “irresponsible and wrong” by Halderman. The situation has led to a standoff between computer scientists and election deniers, with Raffensperger dismissing the scientists’ conclusions as “theoretical and imaginary”. The controversy raises concerns about the integrity of Georgia’s election system and the potential for election interference. Read Article

Wisconsin Republicans try to force vote on reappointment of nonpartisan election leader | Scott Bauer/Associated Press

Republicans in control of the Wisconsin Senate have made a surprise move to force a vote on firing the state’s nonpartisan top elections official, Meagan Wolfe, before the 2024 presidential election. Democrats walked out of the Senate chamber in protest, objecting to the unscheduled vote taking place late in the evening. The Republican action is an attempt to circumvent the Wisconsin Elections Commission, which had tried to block the Senate from voting on Wolfe’s confirmation. Democrats fear that the Senate will reject her confirmation, effectively firing her. Wolfe, who has defended her decisions and fought against false claims of election fraud, has served as the state’s elections administrator since 2018 and is highly regarded in the field. Read Article

Wisconsin Elections Commission deadlocks on administrator Meagan Wolfe reappointment | Molly Beck/Milwaukee Journal Sentinel

The Wisconsin state elections commission failed to reach an agreement on whether to reappoint Wisconsin Elections Commission administrator Meagan Wolfe, leaving the future of the state’s top election official uncertain. The commission, consisting of three Democrats and three Republicans, faced a deadlock on the issue, with Democrats abstaining from the vote in an attempt to ensure that Wolfe’s reappointment would be subject to a confirmation vote by the Republican-controlled state Senate. The partisan impasse leaves the leadership of Wisconsin’s election agency in turmoil less than a year before the next presidential election, as Republicans push for Wolfe’s ouster based on unfounded claims about the 2020 presidential election. The situation raises uncertainty about Wolfe’s position and the effective administration of future elections in the state. Read Article

National: Supreme Court rejects novel legislative theory but leaves a door open for 2024 election challenges | Nicholas Riccardi and David A. Lieb/Associated Press

The Supreme Court has rejected the most extreme version of the “independent state legislature theory,” which argues that state legislatures have absolute power in setting the rules of federal elections and cannot be second-guessed by state courts. The 6-3 ruling leaves open the possibility for more limited challenges that could increase the court’s role in deciding voting disputes during the 2024 presidential election. While voting rights groups celebrated the decision as a victory for democracy, critics noted that the court’s ruling still allows federal judges to review laws governing federal elections if state courts act outside the “ordinary bounds.” Conservatives and liberals agree that the question of the role of state courts in federal elections is likely to arise in last-minute challenges during the 2024 presidential election. Read Article

National: How the Supreme Court’s decision on election law could shut the door on future fake electors | Zach Montellaro, Kyle Cheney and Madison Fernandez/Politico

The Supreme Court’s rejection of the “independent state legislature theory” has effectively eliminated a controversial scheme used by Donald Trump in his attempt to overturn the 2020 election results. The scheme involved friendly state legislatures appointing alternate slates of pro-Trump electors, despite state laws certifying Joe Biden’s victory. Trump and his allies argued that state legislatures had the power to unilaterally reverse the outcome, even if it contradicted their own laws and constitutions. The theory, promoted by attorneys like John Eastman, had not been directly ruled on by any court, allowing proponents to present it as a plausible interpretation of constitutional law. However, the Supreme Court’s recent decision in Moore v. Harper rejected the theory, signaling that state legislatures do not have unvarnished power and cannot replace the popular will. This decision has significant implications for future presidential contests, particularly in undermining similar attempts to subvert election results. Read Article

National: What the Supreme Court’s rejection of a controversial theory means for elections | Hansi Lo Wang/NPR

The Supreme Court ruling on the “independent state legislature theory” has brought stability to upcoming elections by confirming that state lawmakers’ power to control congressional elections can be checked by state courts and constitutions. The ruling rejects the extreme version of the theory and avoids potential chaos in the election system. However, it leaves a legal question about the boundaries of state courts’ authority, which may invite future requests for the Supreme Court to review state court rulings. The ruling does not directly affect North Carolina’s congressional map but raises questions about Ohio’s redistricting plan. Read Article

National: GOP state legislatures seek greater control over state and local election offices | Christina A. Cassidy/Associated Press

Republican lawmakers in several states have been seeking to increase their authority over state and local election offices, leading Democrats to warn of potential targeting of left-leaning counties in future elections. These efforts include granting legislative approval of court settlements in election-related lawsuits and creating avenues for taking control of local election offices. The moves have escalated since the 2020 presidential election, with Republicans characterizing them as necessary oversight while Democrats criticize them as power grabs that could interfere with voting. The concerns raised include fears of partisan manipulation and uncertainty surrounding election results. Read Article

National: A.I.’s Use in Elections Sets Off a Scramble for Guardrails | Tiffany Hsu and Steven Lee Myers/The New York Times

The use of artificial intelligence (AI) in political campaigns is on the rise, with candidates employing AI-generated content such as fake images, videos, and messages to shape public opinion and gain an edge. This emerging trend has raised concerns among political consultants, lawmakers, and election researchers, who argue that regulations are needed to address the potential spread of disinformation and manipulation. Existing defenses, such as social media rules and content detection services, have proven inadequate in curbing the proliferation of AI-generated campaign materials. While some politicians view AI as a cost-effective tool for instant responses and data analysis, experts warn that the technology’s ability to create convincing fake content can reinforce biases, deepen partisan divides, and undermine trust in the democratic process. Legislation requiring disclaimers for political ads featuring AI-generated content has been proposed in the United States, aiming to protect voters from deceptive campaigns. Read Article

Arizona: ‘It warrants a criminal investigation’: Prominent former prosecutor seeks probe of Cyber Ninjas | Robert Anglen/Arizona Republic

Doug Logan, CEO of Cyber Ninjas, is facing calls for a criminal investigation into his refusal to release text messages and other records related to the Arizona “audit” of the 2020 election. Former Maricopa County Attorney Rick Romley, a Republican, argues that Logan’s failure to obey court orders could constitute contempt and a violation of state law. Romley believes that potential criminal charges could include tampering with public records and fraudulent schemes. Logan’s withholding of communications raises suspicions of corruption and fraud surrounding the election review, which was criticized for its predetermined outcome and inability to complete the task. Logan has also been accused of eliminating messages and redacting thousands of texts without adequate explanation. Despite fines and court orders, Logan continues to fight against the release of records. Romley urges the Maricopa County Attorney’s Office and the Arizona Attorney General’s Office to initiate investigations into Logan’s actions, emphasizing the importance of protecting the public trust. Read Article

California: Amended California bill would ban hand counts in elections with more than 1,000 voters | David Benda/Redding Record Searchlight

Assembly Bill 969, an updated version of a state bill introduced in response to Shasta County’s decision to stop using Dominion voting machines, includes language that would ban manual counting of ballots in elections with over 1,000 registered voters. The bill, authored by Assemblywoman Gail Pellerin, is an emergency statute that would take effect immediately upon Governor Gavin Newsom’s signature. The bill aims to require a county board of supervisors to have a transition plan and replacement contract in place before terminating an existing voting system contract. The bill has faced opposition from the Shasta County Republican Central Committee, while the county has spent over $1.5 million on a hand-counting system that has yet to be finalized. The amended version of the bill is scheduled to be heard in the Senate’s Governance and Finance Committee. Read Article

Georgia: DOJ questions Secretary of State for Trump election probe | Tamar Hallerman/The Atlanta Journal-Constitution

Federal prosecutors have interviewed Georgia Secretary of State Brad Raffensperger as part of their examination of former President Donald Trump’s attempts to overturn the 2020 election. Details about the meeting are scarce, but it is known that Raffensperger gained national attention after his phone call with Trump, during which the former president asked him to “find” enough votes to overturn Joe Biden’s victory in Georgia. The Justice Department probe has expanded to investigate alleged alternate elector plots in swing states, including Georgia, aimed at favoring Trump. Trump’s lawyer Rudy Giuliani has also been interviewed by federal prosecutors in New York City. Read Article

Iowa: State loses court battle, enabling voters to again receive non-English voting materials | Clark Kauffman/Iowa Capital Dispatch

An Iowa judge has ruled in favor of allowing Iowa counties to offer non-English voting materials to the public. The ruling dissolved a 15-year-old injunction that prevented the provision of non-English ballots, voter-registration forms, and absentee ballot applications. The lawsuit, filed by the League of United Latin American Citizens of Iowa (LULAC), challenged the state’s application of the English Language Reaffirmation Act to election materials. The judge cited the Voting Rights Act and emphasized that language should not be a barrier to the constitutional right to vote. LULAC welcomed the ruling, highlighting that the issue had been ongoing for over a decade. Read Article

Michigan: Charging decision in voting machine case imminent, per court record | Clara Hendrickson/Detroit Free Press

A special prosecutor in Michigan has sought a court interpretation of state election law regarding allegations of voting machine breaches by supporters of former President Donald Trump. The investigation involves accusations against individuals such as former GOP attorney general candidate Matt DePerno, lawyer Stefanie Lambert Junttila, and former state Representative Daire Rendon. The court’s forthcoming interpretation will likely inform potential criminal charges, and a charging decision is expected once the court delivers its ruling. The request for interpretation was made by Muskegon County Prosecutor DJ Hilson, who aims to clarify the legal possession of voting machine tabulators. The matter arose after Junttila’s attorney contested Hilson’s interpretation of the law. Read Article

New Hampshire Lawmaker Derails Election Portal Bill | Rick Green/The Keene Sentinel

Republican state representative Steven Smith’s opposition resulted in the failure of a bill in New Hampshire that aimed to establish an online election information portal for voter registration and absentee ballot requests. Smith objected to a provision lacking sufficient legislative oversight of federal funds, leading to unanimous support not being achieved in the Committee of Conference. The bill will now be postponed until the next legislative session. Secretary of State David Scanlan supported the compromise proposal and emphasized that federal fund usage would still be governed by existing regulations. Smith expressed concerns about the portal’s security and suggested the creation of a commission for oversight. Read Article

Pennsylvania mail ballot rejections will particularly affect Democrats, older voters, and Black and Latino voters in 2024 | Leo Cassel-Siskind/Philadelphia Inquirer

Tens of thousands of Pennsylvania ballots are at risk of being rejected in the upcoming presidential election, with a disproportionate impact on Democrats, older voters, and marginalized communities. Rejected votes often result from errors such as undated envelopes and late arrivals. Mail-in voting behaviors have revealed disparities, with older and wealthier voters having higher rates of mail voting but lower rejection rates. On the other hand, new mail voters, younger voters, and residents of lower-income and minority neighborhoods face higher rejection rates. Addressing these issues is crucial to ensure equitable access to the voting process for all citizens. Read Article

Texas fixes some obstacles to mail voting that dogged voters | Natalia Contreras/The Texas Tribune

Texas lawmakers have made changes to voting by mail in an effort to lower rejection rates of applications and ballots. The revisions come after thousands of applications were rejected due to stricter identification requirements implemented in 2021. The new changes aim to provide voters with more opportunities and time to correct errors, as well as easier access to the state’s online tracking tool. However, some voters are skeptical about the necessity of the previous restrictive rules and whether the current fixes are sufficient. The changes include notifying voters of errors in their mail-in applications or ballots and allowing earlier review of mail-in ballots by election workers. Read Article

Wisconsin elections fight takes a turn with Senate move to force vote on top administrator Meagan Wolfe | Molly Beck Jessie Opoien/Milwaukee Journal Sentinel

Wisconsin Republican state senators have passed a resolution to initiate confirmation hearings for Meagan Wolfe, the administrator of the Wisconsin Elections Commission, potentially leading to her removal from office. The surprise move comes after members of the bipartisan state elections commission were deadlocked on reappointing Wolfe, and Democrats abstained from voting to prevent her from undergoing a Senate confirmation process. The maneuver by Republican senators allows them to take up Wolfe’s nomination and send it to the Senate’s elections committee, even though she has not been officially nominated for a new term. Read Article

Wisconsin’s top elections official for 2024 uncertain as incumbent’s term nears end | Harm Venhuizen/Associated Press

The oversight of Wisconsin’s 2024 presidential election remains uncertain as the term of the state’s top nonpartisan elections official, Meagan Wolfe, comes to an end. Republicans, who control the state Legislature, have clashed with Wolfe over conspiracy theories and may have an opportunity to remove her from office and appoint their own candidate. However, a recent state Supreme Court ruling suggests that Wolfe could potentially circumvent the Republicans and stay in office. The situation in Wisconsin is unfolding against the backdrop of a highly contested battleground state, with both parties vying for an advantage. The departure of election officials across the country due to the challenges and threats they faced during the 2020 election cycle has further complicated the situation. Read Article

National: Election officials suffer threats, harassment as 2024 looms | Chris Arnold/NPR

threats, harassment, and safety concerns as they prepare for the 2024 elections. Despite the lack of evidence of widespread voter fraud, election workers continue to receive threats from individuals who believe in former President Donald Trump’s false claims about rigged elections. The threats range from general harassment and abuse to more direct threats, including death threats and threats against their families. The Department of Homeland Security has warned that the next presidential race could mobilize individuals to commit violence. Many election officials are seeking additional resources to improve security and combat misinformation. Some workers are considering leaving their jobs due to the fear and harassment they face, while others are determined to continue their work in conducting free and fair elections. Read Article

Georgia Secretary of State’s refusal to fix voting machine bugs sets up 2024 election fight | John Sakellariadis/Politico

Georgia’s Secretary of State, Brad Raffensperger, is facing criticism from cybersecurity experts for his dismissive response to an audit that uncovered vulnerabilities in the state’s voting machine software. Raffensperger argues that the concerns are overblown and that no fixes are necessary. However, experts warn that ignoring the documented issues could jeopardize the integrity of the 2024 elections. The audit revealed several easy-to-hack security flaws in Dominion Voting Systems’ ImageCastX ballot-marking devices. While Raffensperger maintains that Georgia has effective controls in place, experts argue that addressing the vulnerabilities is crucial to prevent vote tampering or disinformation in future elections. The dispute highlights the ongoing debate over the security of electronic voting systems and the need for transparency and action to address potential vulnerabilities. Read Article

Pennsylvania Commonwealth Court rejects GOP challenge to Pennsylvania mail voting law | Jeremy Roebuck and Jonathan Lai/Philadelphia Inquirer

The Pennsylvania Commonwealth Court has rejected Republican arguments that recent court decisions on counting ballots with missing or incorrect dates rendered the state’s mail voting law, Act 77, invalid. The court ruled unanimously that the recent decisions did not invalidate any part of Act 77 but only interpreted how the dating provision should be applied by elections officials. The Republican lawmakers intend to appeal the decision to the state Supreme Court, which has previously upheld the mail ballot law in previous challenges. The ongoing legal battle revolves around whether undated mail ballots should be rejected or counted, with Republicans arguing for rejection and state elections administrators arguing for counting them to protect voting rights. Read Article

National: How AI is changing the 2024 election | Rebecca Klar and Julia Manchester/The Hill

The use of generative artificial intelligence (AI) in political campaigns is expected to reach a significant turning point in the 2024 election cycle. Concerns arise regarding the spread of misinformation and how voters will react to artificially generated content in the politically polarized environment. The presidential campaigns for former President Trump and Florida Governor Ron DeSantis have already produced high-profile videos using AI, raising questions about the deceptive nature of such content. While proponents of AI acknowledge the risks, they believe it will play a consequential role in campaigning. However, the difficulty of discerning AI-generated content may lead to increased skepticism among voters. The burden of deciphering what is AI-generated will ultimately fall on voters, as regulations struggle to keep up with the rapidly evolving technology. Read Marticle

National: The cyber argument for regulating AI | Tim Starks/The Washington Post

Senate Majority Leader Charles E. Schumer and Nathaniel Fick, the State Department’s ambassador at large for cyberspace and digital policy, have emphasized the need for swift regulation of artificial intelligence (AI) due to cyber-related risks. Schumer highlighted concerns about AI being used to manipulate and discredit elections by creating convincing fake images and footage of political candidates. Fick expressed worries about AI-empowered misinformation and cyberattacks, urging the development of regulatory structures to address these threats. The article also mentions other lawmakers who have proposed legislation to tackle AI-related issues, and it highlights the growing concern among cyber professionals about AI’s potential for malicious activities. Fick acknowledged that while AI’s capabilities for writing malicious code may currently be limited, its rapid development could lead to unforeseen dangers in the future. Both Schumer and Fick stressed the importance of acting quickly to protect democracy and cybersecurity from the risks posed by AI. Read Article

National: States with low election turnout did little in 2023 to expand voting access | Zachary Roth/States Newsroom

An analysis by States Newsroom reveals that eight U.S. states with turnout rates below 50%—Tennessee, West Virginia, Mississippi, Oklahoma, Hawaii, Arkansas, Indiana, and Alabama—did little to boost voter turnout this year. Instead, some of these states passed new restrictions that could make voting more difficult. The correlation between ease of voting and turnout suggests that making voting easier is a clear path to addressing low turnout rates, but most of these states are not pursuing that path. Several election officials in these states have stated that encouraging voting is not their job, and the findings highlight how inaction can be as powerful as active voter suppression. Read Article

National: Attorney John Eastman, who advised Trump’s efforts to undermine 2020 election, faces potential disbarment | Alanna Durkin Richer/Associated Press

Attorney John Eastman, known for his role in developing a legal strategy to overturn the 2020 election and keep Donald Trump in power, is facing disbarment in California. Prosecutors argued that Eastman concocted baseless theories and made false claims of fraud in an attempt to undermine the election results. Eastman’s attorney countered that his client never intended to steal the election but was exploring ways to delay the electoral vote count for investigations into alleged voting improprieties. The proceedings are expected to last at least eight days, and if found culpable, Eastman could face punishment such as suspension or revocation of his law license. The investigation into efforts to overturn the election results is separate from another probe into classified documents found at Trump’s Mar-a-Lago estate that led to felony charges against him. Read Article

Editorial: Black and Latino voters are being erased from databases: Here’s how to fix it | Miriam McKinney Gray/The Hill

Millions of Black and Latino individuals are missing or inaccurately listed in voter databases, according to a recent Stanford study. This disproportionately affects these communities, making 40% of them effectively invisible compared to 18% of white individuals. Locating these missing voters could impact the 2024 elections. Vendors supplement government lists with data, perpetuating exclusion and biases. Organizations are using workarounds like relational organizing and rejecting arbitrary vote propensity scores. However, responsibility should not solely lie with nonprofits. Political data vendors need transparency, campaigns should prioritize reaching missing voters, donors should reconsider metrics, and government authorities should end arbitrary purges. The erasure of Black and brown individuals from databases undermines democracy and requires urgent attention. Read Article

Voting Blogs: How AI Puts Elections at Risk — And the Needed Safeguards | Mekela Panditharatne and Noah Giansiracusa/Brennan Center for Justice

The Brennan Center highlights the emerging threat of artificial intelligence (AI) in elections and the potential for AI-driven disinformation to undermine democracy. It discusses the recent advancements in generative AI tools, such as deepfake audio and video, that can create convincing content resembling real people and events. These tools could be used to spread disinformation, manipulate public opinion, and undermine trust in the electoral process. The article calls for comprehensive measures to address this threat, including the designation of a lead agency to govern AI issues in elections, development of detection tools for deepfakes and disinformation campaigns, industry regulations, and transparency requirements for AI developers and social media platforms. It emphasizes the need for a coordinated global response to safeguard elections from the risks posed by AI. Read Article

Editorial: Hand Counting Ballots in Arizona? Did our Legislature learn nothing from the Cyber Ninjas? / Laurie Roberts/Arizona Republic

The recently passed bill in Arizona allowing counties to conduct full hand counts of ballots in future elections is criticized in this piece. It raises concerns about the inefficiency and potential inaccuracies associated with hand counts, citing the failed attempt by Cyber Ninja auditors to accurately tally the 2020 election results. The author argues that hand counts are prone to human error, time-consuming, and may lead to delayed results. Instead, the article emphasizes the importance of relying on reliable tabulation machines for efficient and accurate election processes. Read Article

Arkansas: Garland County election coordinator responds to paper ballot push | David Showers/The Sentinel-Record

The election chief of Garland County, Arkansas, Gene Haley, warned that if hand-counted ballots replace bar code voting machines, voters can expect long lines and the possibility of receiving the wrong ballot. Haley responded to claims by the Arkansas Voter Integrity Initiative that the bar code system used in the county since 2016 is susceptible to fraud. The Voter Integrity Initiative advocates for hand-counted ballots, but Haley argued that it would increase the chances of errors, require more resources and polling locations, and inconvenience voters. Haley emphasized that the machines are not connected to the internet, and the results are transmitted electronically only once on election night. Voting machines are regularly tested for accuracy in accordance with state law. Read Article