Editorial: John Roberts Throws a Curveball | Richard L. Hasen/The New York Times

The Supreme Court’s voting rights ruling on Thursday in Allen v. Milligan is as shocking as it is welcome. The Voting Rights Act has lived to see another day, with implications for 2024 and beyond. The court ruled that Section 2 of the Voting Rights Act requires Alabama to draw a second majority-Black congressional district in which its voters can elect the candidate of their choice. In an opinion written by Chief Justice John Roberts and joined by Justices Ketanji Brown Jackson, Elena Kagan, Brett Kavanaugh and Sonia Sotomayor, the court also reaffirmed Section 2’s constitutionality and beat back Alabama’s arguments that the race-conscious statute should be read in a race-neutral way. Read Article

Arizona: ‘Our numbers are screwy’: Cyber Ninjas CEO admits he couldn’t tally hand count of ballots | Robert Anglen/Arizona Republic

Doug Logan, the CEO of the technology firm Cyber Ninjas, hired by Senate Republicans in Arizona to conduct an audit of the 2020 election results, privately admitted in text messages that he was unable to make sense of the data from the hand recount of 2.1 million ballots. The messages reveal that the company struggled to tally up the results and could not aggregate the data from the tally sheets used by volunteers. The texts appear to support critics’ claims that the audit lacked credibility and that the numbers were “fiction.” The article suggests that the audit was part of a broader effort to overturn the election results and sow doubt in the electoral process. Read Article

National: Supreme Court upholds Voting Rights Act in Alabama redistricting case | Nina Totenberg/NPR

In a 5-4 vote, the U.S. Supreme Court preserved the way legislative districts must be drawn under the landmark Voting Rights Act. The case involved Alabama’s congressional redistricting plan, which packed Black voters into one district, limiting their chance to elect a second representative in a racially polarized state. The court found that the state legislature’s plan constituted an illegal racial gerrymander and affirmed the district court’s ruling. Chief Justice John Roberts, who had previously supported decisions that weakened the voting law, authored the majority opinion, joined by a coalition of conservative and liberal justices. The decision has implications for redistricting in other states with significant Black populations, potentially reconsidering how congressional lines are drawn. Read Article

National: States have introduced nearly 200 bills this year to ‘subvert’ elections, report finds | Adam Edelman/NBC

A report by nonpartisan groups States United Democracy Center, Protect Democracy, and Law Forward reveals that legislators in 38 states have introduced approximately 200 bills this year that could potentially undermine elections. The analysis, obtained by NBC News, shows that predominantly Republican lawmakers put forth 185 bills between January 1 and May 3 that would politicize, criminalize, or interfere with elections, thus increasing the risk of subverting the democratic process. The report highlights the persistence of the election denial movement and warns that attempts to overturn elections may continue if such legislation is not addressed. The bills aim to inject confusion, create delays, erode public trust, and allow partisan actors to exploit the outcome of close elections. Read Article

National: These Activists Distrust Voting Machines. Just Don’t Call Them Election Deniers. | Stuart A. Thompson/The New York Times

Election integrity advocates find themselves in a challenging position as they push for security while inadvertently amplifying claims made by conspiracy theorists. The overlap between their warnings about potential hacking of election machines and conspiracy theorists’ unfounded claims is a consequence of Trump’s false voter fraud allegations, leading to doubts about election integrity. Activists fear being associated with conspiracy theorists, hindering their efforts and eroding trust in the electoral system. The debate intensifies in New York as officials consider certifying machines by ES&S, a company targeted by Trump. Activists and experts express concerns about the machines’ cost, potential errors, and security, but caution against overblowing the hacking threat, emphasizing no evidence of hacking in the 2020 election. Read Article

Editorial: How AI could take over elections – and undermine democracy | Archon Fung and Lawrence Lessig/The Conversation

Could organizations use artificial intelligence language models such as ChatGPT to induce voters to behave in specific ways? Sen. Josh Hawley asked OpenAI CEO Sam Altman this question in a May 16, 2023, U.S. Senate hearing on artificial intelligence. Altman replied that he was indeed concerned that some people might use language models to manipulate, persuade and engage in one-on-one interactions with voters. Altman did not elaborate, but he might have had something like this scenario in mind. Imagine that soon, political technologists develop a machine called Clogger – a political campaign in a black box. Clogger relentlessly pursues just one objective: to maximize the chances that its candidate – the campaign that buys the services of Clogger Inc. – prevails in an election. Read Article

Arizona: No rules for Maricopa County as it replaces faulty ballot printers, spends $8 million | Jen Fifield/Votebeat Arizona

Maricopa County is planning to spend $8.3 million on purchasing new Lexmark printers for each of its polling places in preparation for the 2024 elections. This decision comes after the county experienced breakdowns with its current retail-grade printers during the 2022 Election Day, leading to rejected ballots. The county supervisors have set aside $9 million for the purchase, and the decision does not require a direct vote as the county is updating its existing contract with its current supplier, Runbeck Election Services. The lack of regulations for ballot printers has been highlighted, and experts suggest the need for standards and testing to prevent future problems. Ballot printers were “seen as a peripheral thing,” said Pam Smith, CEO of Verified Voting, a nonprofit which advocates for security in election technology. “But now there is more realization that this could actually have an impact on voters.” No federal or state laws regulate which printers Arizona counties use to print ballots-on-demand for voters, or how the printers are tested. Read Article

Arizona Secretary of State steps in as Mohave County makes plan for hand-counting ballots | Jen Fifield/Votebeat Arizona

Arizona Secretary of State Adrian Fontes has expressed concerns about a proposal by supervisors in Mohave County to hand-count ballots in the 2024 presidential election. Fontes, a Democrat, argued that such a move would violate state and federal laws, potentially compromise security, and lead to inaccurate results. He highlighted the potential for human error and emphasized that state law does not allow for the substitution of hand counts for certified electronic tabulation equipment. Republican supervisors, supported by state senators Sonny Borrelli and Wendy Rogers, pushed for the hand-counting of ballots, while Fontes warned of legal consequences and lack of accountability. The debate reflects ongoing controversies surrounding ballot tabulation machines and false claims of vote switching in the 2020 election. Read Article

Georgia: State seizes election server in Treutlen county | Doug Richards/WXIA

State investigators in Georgia have seized an election server in Treutlen County after the county hired Misty Hampton as its election director. Hampton was forced out of her previous position in Coffee County due to allowing a group of Donald Trump associates into the secure area of the election office during the aftermath of the US Capitol attack in 2021. The hiring of Hampton by Treutlen County gave her access to the state’s computerized election equipment, which has now been seized by investigators. Read Article

Louisiana: Election conspiracy theory at root of proposed constitutional amendment | Wesley Muller/Louisiana Illuminator

The Louisiana Legislature has passed a bill that fuels unsubstantiated election conspiracy theories involving Facebook CEO Mark Zuckerberg. The bill, House Bill 311, prohibits the use of private donations for conducting elections and is presented to voters as a measure to prevent foreign corruption of parish election officials. The bill stems from the controversy surrounding grants provided by the Center for Tech and Civic Life (CTCL) during the 2020 elections. Attorney General Jeff Landry and other conservatives opposed the grants, alleging potential corruption. While Governor John Bel Edwards vetoed similar bills in the past, this proposal will bypass his desk and directly go to voters in the October 14 election. The new ballot language emphasizes foreign government or nongovernmental sources as potential funders of elections. Read Article

Maryland State Board of Elections taps longtime employee Jared DeMarinis as administrator | Emily Opilo and Hannah Gaskill/Baltimore Sun

The Maryland State Board of Elections hired a new elections administrator Thursday, selecting a longtime employee for the top job. Jared DeMarinis was chosen by a unanimous vote during a brief virtual meeting of the board. DeMarinis, who has worked as the director of the board’s candidacy and campaign finance division, will face a confirmation hearing before the Maryland State Senate next session before he can take on the role in a permanent capacity. Read Article

Michigan lawmakers move to enact voter-approved election changes | Clara Hendrickson/Detroit Free Press

Michigan lawmakers kicked off hearings Wednesday on legislation to update election laws to reflect changes approved by voters who passed a major expansion of voting rights in the state last November. Sixty percent of Michigan voters who participated in the 2022 midterm election approved Proposal 2 the “Promote the Vote” amendment to the state constitution. Among the most significant changes, the amendment requires election officials to offer at least nine days of early in-person voting during statewide and federal elections. Before the amendment’s adoption, Michigan voters could cast an absentee ballot in person leading up to Election Day. But now they will be able to cast an in-person ballot just as they would at their polling location, placing it into the tabulator themselves. Read Article

Montana: Plenty of conspiracies, but few facts at large election fraud summit in Ravalli County | Nicole Girten/Daily Montanan

Former Ravalli County Sheriff Jay Printz voiced concerns about alleged election anomalies and rigging during the 2020 and 2022 elections in Montana, but his views were in the minority. Presenter Greg Woodward relied on debunked claims by election denier Douglas Frank to support conspiracy theories about election machine malfeasance, which lacked evidence. Clerk and Recorder Regina Plettenberg defended the hand-counting process and refuted the allegations. Republican legislators expressed skepticism towards the claims. Various conspiracy theories were discussed, including one involving a donation from Mark Zuckerberg. The meeting highlighted the absence of concrete evidence for widespread fraud. Read Article

Nevada: Outside audit finds ‘error-prone’ processes and ‘confusion’ in Washoe County elections | Mark Robison/Reno Gazette Journal

A new outside audit of Washoe County’s election process highlights concerns and offers recommendations for improvement. The audit, conducted as part of a $100,000 contract, reveals several issues with the 2022 election, including errors, confusion, and delayed mail ballots. The report suggests that Washoe County needs to address challenges such as staff turnover, lack of institutional knowledge, outdated technical systems, inefficient processes, and poor communication with the public. The audit recommends hiring more staff, providing comprehensive training, and allocating adequate resources to improve the election system. Additionally, it advises implementing standardized procedures for ballot development, better handling of mail ballots, and improved voter registration processes. The audit emphasizes the need for transparency, effective communication, and building trust with observers and the public to ensure a fair and legitimate election process. Read Article

A Pennsylvania county rejected voters’ flawed mail ballots. Then it refused to count their in-person votes, too. | Carter Walker/Votebeat Pennsylvania

The ACLU has filed a lawsuit against Delaware County, arguing that the rejection of provisional ballots in the May primary disenfranchised eligible voters. According to Marian Schneider, senior voting rights policy counsel at the Pennsylvania ACLU, the dispute arose when the county’s Board of Elections refused to accept provisional ballots cast by voters whose mail-in ballots had already been rejected due to technical defects. The lawsuit claims that the rejection of these provisional ballots based on an alleged interpretation of the law contradicts Pennsylvania’s vote-by-mail law and could be used to disenfranchise voters in future elections. The case highlights the need for clarity in the law regarding rejected mail ballots and the counting of provisional ballots. Read Article

Texas: Harris County elections face state intervention under new laws | Natalia Contreras/The Texas Tribune

Texas Republicans have passed legislation that grants unprecedented state interventions into elections in Harris County, potentially overhauling the Democratic stronghold. The bills allow for the removal of the county’s chief elections official and state supervision in response to administrative complaints. Experts warn that this sets a concerning precedent, resembling tactics used in Florida and Georgia, and could indicate an intention to control elections beyond Harris County. These changes contribute to the ongoing partisan battle over election administration in Texas. Read Article

Wisconsin: After years of conspiracism, Assembly elections committee finds new spirit of bipartisanship | Henry Redman/Wisconsin Examiner

The Wisconsin Assembly Committee on Campaigns and Elections, under new chair Rep. Scott Krug, held a public hearing on bipartisan bills aimed at improving the state’s election systems. This marks a change from the committee’s previous leadership, which often fueled partisanship and spread false information about election administration. One bill discussed, AB 299, faced dissent as it proposed changes to the absentee ballot process for military voters, requiring them to provide their Department of Defense identification numbers. Critics argued that this could disenfranchise voters without such numbers and raised concerns about the security of email ballot returns. Verified Voting, a nonpartisan organization, warned that introducing electronic return methods could sow distrust in elections. Other bills discussed included measures to prevent polling place closures, reimburse municipalities for special election costs, and require the archiving of live-streamed election results. Read Article