Election Night Hand Counts: Realities and Risks | Verified Voting

A new report published by Verified Voting examines misguided proposals to eliminate all vote counting machines and move to hand counting all ballots on election night that would have far reaching implications for our trust in our elections. Elections are a combination of people, processes, and technology. Human oversight of election processes is integral to ensuring that voting technology works correctly and that votes are counted as cast. “Hand to eye” examination of ballots in audits and recounts are quality control checks that carefully and transparently assess that voting technology got the election outcome right—or correct the outcome if it did not—and give voters justified confidence in election outcomes. But that best practice does not translate to humans hand counting millions of votes on election night. The paper examines the risks of full election night hand counts, explains when hand counts should be used, and emphasizes why common-sense best practices that employ voting machines and post-election audits make our election outcomes verifiable and resilient. Read Report

Pennsylvania: Voting machine trouble in Nothhampton County triggers alarm ahead of 2024 | John Sakellariadis/Politico

In Northampton County, where programming errors on ExpressVote XL voting machines raised concerns about the integrity of elections, the county faces a challenge to restore voter confidence ahead of the upcoming presidential election. In 2019 the machines resulted in undercounting votes in a local judges’ race, and a recent glitch in the same machines triggered a backlash. Despite officials claiming the errors did not affect outcomes, skeptics question the reliability of the machines and call for their replacement. The incident highlights the broader issue of election security and the delicate balance officials must strike in addressing problems without fueling conspiracy theories. Read Article

National: In face of threats, election workers say: ‘You are not disrupting the democratic process’ | Matt Vasilogambros/Stateline

Local election workers across the nation are facing increased threats and intimidation, with lies about rigged elections and the 2020 presidential outcome fueling conspiracy theories. In response to these ongoing threats, state lawmakers in several states, including Michigan, Minnesota, Nevada, New Mexico, and Oklahoma, have enacted new protections for election workers and increased penalties for those who harass or threaten them. However, the exodus of election officials due to safety concerns raises concerns about the potential for errors and increased vulnerability to conspiracy theories. Read Article

National: Ballot shortages are rare in U.S. elections, but here’s why they sometimes happen | Ashley Lopez/NPR

Ballot shortages at some polling locations in Mississippi, along with instances in Ohio and Texas, underscore the challenge election officials face in determining the number of ballots needed. In Mississippi, a surge in voter turnout caught officials unprepared, resulting in shortages, long lines, and some individuals walking away. Determining how many ballots to print is described as an “inexact science,” involving estimates based on past turnout. The costs of mistakes can be high, with states like Mississippi having laws about the minimum number of ballots to print, leading to potential waste. The absence of early voting or no-excuse absentee voting in some states complicates the task, emphasizing the importance of accurate planning to safeguard election integrity. Read Article

National: How election officials are planning to avoid a repeat of 2020’s slow vote count | Zach Montellaro/Politico

In preparation for the 2024 elections, several battleground states in the United States are taking measures to speed up the counting of votes to avoid the prolonged uncertainty experienced in 2020. New laws and procedures aim to facilitate quicker counting and processing, minimizing the time between polls closing and unofficial results being announced. States are allowing more pre-processing of mail ballots before Election Day, enhancing efficiency and expediting the release of results. While some states have made significant changes to improve the speed of ballot counting, others, such as Pennsylvania, still face challenges and partisan disputes. The goal is to reduce the period of uncertainty, limiting the potential for misinformation and false claims about the election outcome. Read Article

National: Federal government stops helping Big Tech spot foreign meddling amid GOP legal threats | Naomi Nix and Cat Zakrzewski/The Washington Post

The U.S. government has ceased notifying social networks, including Meta, about foreign disinformation campaigns on their platforms, disrupting a longstanding practice aimed at preventing interference in American politics. This change, attributed to a conservative legal campaign challenging initiatives established after the 2016 election, involves a reduction in communications about global influence campaigns. The shift is linked to a July ruling limiting the Biden administration’s communications with tech platforms in response to a lawsuit, Missouri v. Biden, which alleges that coordination violates the First Amendment. The legal uncertainty is causing foreign policy officials to hesitate in their communications with tech companies. Read Article

National: Ahead of 2024 election, Meta worries about lack of information on top-tier nation-state covert operations | AJ Vicens/CyberScoop

Meta, the parent company of Facebook, has warned that foreign governments, particularly Russia, Iran and China, are likely to continue running inauthentic messaging campaigns via fake social media accounts leading up to elections worldwide in 2024. In a new report, Meta officials expressed concern that the U.S. government has stopped proactively sharing information with the company and other social networking platforms, which has been a crucial source of information about major, nation-state influence operations in the past. Meta’s report also highlighted its efforts to combat inauthentic accounts and campaigns, pointing out that it had identified and neutralized three covert influence campaigns in the third quarter, two from China and one from Russia. Read Article

Arizona: Two Cochise County supervisors indicted for refusing to certify midterm election | Jen Fifield/Votebeat

Cochise County Supervisors Tom Crosby and Peggy Judd, both Republicans, have been indicted for conspiracy and interference with an election officer, both felonies, by an Arizona grand jury. The charges stem from their refusal to certify the county’s election by the Nov. 28, 2022 deadline, as required by state law, and allegedly conspiring to delay the canvass of votes. The indictment claims they knowingly interfered with the Arizona Secretary of State’s ability to complete the statewide canvass. Read Article

Arizona: ‘The poison continues to spread’: legal losses fail to quell election denial hotbed | Rachel Leingang/The Guardian

In Cochise County the aftermath of two Republican supervisors, Peggy Judd and Tom Crosby, questioning the integrity of elections and refusing to certify results has led to significant consequences. The county, facing legal costs amounting to hundreds of thousands of dollars, has witnessed changes in its elections department leadership, and it has become a focal point for far-right election fervor, featuring conspiracy theories and attempts to limit voting access. Despite legal losses, election denialism persists in the county, with Crosby crowdfunding for legal support, and efforts to recall him falling short. The county’s struggles have deterred other Arizona counties from adopting similar approaches. Read Article

Arkansas Attorney General rejects proposed measure to hand count elections | Antoinette Grajeda/Arkansas Advocate

Arkansas Attorney General Tim Griffin has rejected two proposed constitutional amendments aimed at removing voting machines from the state’s election process. The proposed amendments called for hand-marked, hand-counted paper ballots and specified absentee ballot procedures. Griffin cited reasons such as “partisan coloring language” and ambiguities in the proposals for rejecting their popular names and ballot titles. The group behind the amendments, Restore Election Integrity Arkansas, plans to revise and resubmit the proposals, which would then require collecting signatures to qualify for the 2024 ballot. Read Article

Michigan Governor signs election law overhaul that aims to prevent ‘chaos’ | Jonathan Oosting/Bridge Michigan

Michigan Governor Gretchen Whitmer has signed a series of election bills into law, touting them as measures to boost democratic participation and prevent chaos in the event of disputed elections. Among other provisions, the new laws expand voter registration, criminalize poll worker intimidation, regulate political ads using artificial intelligence, and tighten the election certification process. Read Article

Nevada: Former Trump attorney to cooperate with investigators in fake elector probe | Tabitha Mueller and Eric Neugeboren/The Nevada Independent

A former attorney for President Donald Trump, Kenneth Chesebro, who played a role in the submission of fraudulent slates of electors in Nevada and other swing states after the 2020 presidential election, has agreed to meet with Nevada officials investigating the false electors. Chesebro is cooperating with investigators as part of the state’s probe into the fake elector scheme, which involved falsely pledging Nevada’s electoral votes to Trump. The investigation focuses on potential charges related to filing false documents, with a deadline for charges under Nevada law approaching on December 14, the three-year anniversary of the fake electors’ meeting in Carson City. Read Article

New Hampshire Supreme Court case about ballot-counting machines draws a crowd | David Brooks/The Concord Monitor

An Auburn man, Daniel Richard, representing himself, has argued before the New Hampshire Supreme Court that ballot-counting machines shouldn’t be used at polling places due to a lack of proper legal foundation in the state’s constitution. Richard contends that the use of such machines requires approval in the state constitution and wants their use forbidden, along with alterations to state election laws. He claims that all absentee ballots cast in the state since 1979 are “defective.” Supporters, including those critical of ballot-counting machines, gathered for the oral arguments, while attorneys for the state and Auburn town dispute Richard’s points, noting no evidence of injury due to the machines. Read Article

New York: Election integrity advocates sue to stop use of ExpressVote XL | Rebecca C. Lewis/City & State New York

Common Cause New York and The Black Institute, along with five individuals, have filed a lawsuit against the state Board of Elections to prevent the use of the ExpressVote XL voting machines in the 2024 elections. The lawsuit claims that the touch screen machines do not allow voters to independently and privately verify their votes, as required by state law. Despite approval from the state Board of Elections, no local Board of Elections has purchased the machines. The lawsuit aims to block localities from buying and using these machines, emphasizing that paper ballots marked by the voter are the preferred election security standard. Critics argue that the ExpressVote XL lacks transparency and fails to meet legal standards, exacerbating distrust in the electoral process. Read Article

North Carolina trial judges block election board changes made by Republican legislature | Gary D. Robertson/Associated Press

North Carolina trial judges have issued a preliminary injunction blocking portions of a new law that aimed to transfer Democratic Governor Roy Cooper’s authority to pick election board members to the Republican-dominated General Assembly. Cooper’s lawyers argued that the alterations to the State Board of Elections and county boards would harm his constitutional directive to “take care that the laws be faithfully executed.” The new law, enacted in October, would increase the board to eight members appointed by the General Assembly, potentially creating a 4-4 split among Democrats and Republicans. Read Article

Oregon: County clerks say 2020 election deniers make their jobs tougher | Peter Wong/Portland Tribune

Elected officials in two Oregon counties, Marion and Polk, disclosed the impact of false claims about the 2020 presidential election on election workers, leading to retirements and resignations. The statements followed a report commissioned by the state Elections Division, revealing that approximately one-third of top election managers across the state’s counties have left since 2020 due to false claims undermining trust in elections. Read Article

Pennsylvania: Mail ballot ruling adds confusion to certification process | Carter Walker/Votebeat

Following a federal court ruling, Pennsylvania counties are making varying decisions on whether to count undated and misdated mail ballots cast during the November election. Judge Susan Baxter of the U.S. District Court for the Western District of Pennsylvania ruled that the date a voter writes on the envelope is “immaterial” to the voter’s eligibility. The ruling has led to inconsistencies in how counties handle the ballots, creating challenges during the certification process. Some counties counted the ballots, while others delayed certification or excluded them, leading to potential disenfranchisement. The Department of State has announced redesigned mail ballot materials to prevent such errors. Read Article

Wisconsin judge bans absentee ballot spoiling | Joe Kelly/Courthouse News Service

A Waukesha judge has issued a permanent injunction against the practice of “ballot spoiling,” preventing voters from canceling an absentee ballot they have already returned to cast a new one. The decision by Waukesha County Circuit Court Judge Brad Schimel, a former Republican attorney general, supports the conservative group Restoring Integrity and Trust in Elections, which filed the lawsuit against the bipartisan Wisconsin Elections Commission. The group argued that the commission unlawfully advised clerks and the public that ballot spoiling was permitted. The judge’s decision comes amid ongoing litigation in Wisconsin over absentee voting rules, with various legal challenges from conservatives seeking to restrict certain practices. Read Article