Warren Stewart – Page 100 – The Voting News

A Superior Court judge today ordered a recount of some voting machines in four Monmouth County municipalities after errors with the installation of voting machine software from Election Systems and Software (ES&S) caused some votes to be double counted in the November 2022 general election. That could change the outcome of a school board race in Ocean Township, where Steve Clayton unseated incumbent Jeff Weinstein by 20 votes and was sworn in last month; unofficial tallies now put Weinstein ahead by just one vote. Election officials said that the recount will be held on February 8. In his decision, Judge David Bauman relied on a New Jersey Supreme Court decision that election laws should be interpreted liberally as a reason for recounting and rechecking voting machines in Ocean Township, Belmar, Fair Haven, and Tinton Falls even though the deadline had passed. “The public interest in (the) finality of counting votes and election outcomes, in this instance, has not been shown to be strong enough to warrant strict enforcement of the provisions of (the statutes) … where, as here, the counting error appears to have been derived from a unique confluence of mechanical and human error, and no one on this record opposes the prayers for relief,” Bauman wrote in his ruling. Full Article: Judge orders recount in Monmouth County after some 2022 votes were double-counted - New Jersey Globe

Pennsylvania: After years of troubleshooting, Philadelphia will use electronic poll books in this year’s primary election | Brian A. Saunders/PhillyVoice

This year, Philadelphia voters will choose a new mayor. When they head to the polls in May's primary election, they'll see something else new: updated technology at their polling places. After almost four years of troubleshooting, city commissioners say poll workers will begin using electronic poll books, eliminating the paper stacks of information workers have long used to check in voters. Many states have implemented electronic poll books to provide checks and balances for human error and speed up the check-in process for voters. Over 20 states currently use the software in some capacity, and six use them statewide, Pew reports. "I just think that the electronic poll books are going to revolutionize the way Philadelphians vote in person," City Commissioner Lisa Deeley told KYW Newsradio. "It'll streamline the process, it will be more efficient and it'll be a much better day for the board workers." Full Article: Philadelphia will use electronic poll books in upcoming primary election | PhillyVoice

Texas: Dallas County Republicans question voting machines, lobby for paper ballots | Josephine Peterson/The Dallas Morning News

The Dallas County Republican Party says its top legislative priority this session is lobbying for the return of the paper ballot. Local Republicans say that the electronic voting system currently being used may have counted more votes than were actually cast in the 2022 election, despite the Dallas County Elections Department’s saying that is not the case. The GOP points to those votes that rolled in after polls closed and to 188 “phantom voter” errors the state found in the 2020 election as proof that the county’s electronic voting system can’t be trusted. “Any voting equipment or election process that is not fully transparent and trustworthy simply has to go,” the local party said in a Jan. 20 blog post laying out their position. Dallas County Republican Party Chair Jennifer Stoddard-Hajdu told The Dallas Morning News that she is concerned about voting machines in local elections that are connected to a server through Wi-Fi, pointing to a surge in tallied votes that occurred after the polls closed during the last election. She also cited a state audit that reported the “phantom voter” incidents. “I’m not saying that there was any fraud or that the election was stolen or votes were ma that she is concerned about voting machines in local elections that are connected to a server through Wi-Fi, pointing to a surge in tallied voters that occurred after the polls closed during the last election. She also cited a state audit that reported the “phantom voter” incidents. The state, county, the voting machine company, and Dallas County Democratic Party have approved or defended Dallas’ current voting system.

Full Article: Dallas County Republicans Want Switch to Paper Ballots

Utah Lawmakers want to audit elections, but not to examine whether the results are accurate | Bryan Schott/The Salt Lake Tribune

The House Government Operations Committee unanimously approved HB269 on Tuesday afternoon, which mandates a performance audit of Utah’s elections in even-numbered years. Legislative auditors are tasked to review almost every aspect of the primary and general elections, from candidate selection to counting ballots. The bill from House Majority Leader Rep. Mike Schultz, R-Hooper, springboards from a year-long probe of Utah’s elections instigated by Schultz in late 2021. He explained he was motivated not by unfounded fraud claims but by a desire to build confidence in Utah’s elections. ... Absent from the bill is a mechanism for verifying the accuracy of election results. State law requires county clerks to conduct a post-election audit to determine whether vote-counting machines are operating correctly. Legislative auditors recommended a pilot program to audit a certain percentage of ballots after the election to help ensure the results are accurate. Full Article: Lawmakers want to audit Utah’s elections, but not to examine whether the results are accurate

Wisconsin statewide audit shows no voting machine errors during 2022 election | Molly Beck/Milwaukee Journal Sentinel

Voting machines counted ballots accurately during the November 2022 general election, results of a new statewide audit show. About 222,000 ballots, or 8.4% of the total number cast during the Nov. 8 election, were audited by county and municipal clerks in the weeks following the midterm election. The survey, the largest of its kind was released this week by the Wisconsin Elections Commission. It found six human-forced errors and no problems with the functioning of ballot tabulating machines. The results, part of a routine audit, come after years of baseless allegations of widespread instances of inaccurate voting machine tallies during the 2020 election launched by former President Donald Trump and his supporters. President Joe Biden beat Trump by about 21,000 votes in Wisconsin in 2020. Trump sought recounts in liberal-leaning Dane and Milwaukee counties, which confirmed Biden's win. Trump sued and the state Supreme Court upheld the results on a 4-3 vote on Dec. 14, 2020. Bob Spindell, a Republican commissioner, called the result "remarkable" in a commission meeting Thursday. "(The audit) should give confidence to the people of Wisconsin that the machines worked properly," he said. Full Article: There were no voting machine errors during 2022 election in Wisconsin

Wyoming Lawmakers Vote To Reduce Early Voting Window, Require Post-Election Audits | Leo Wolfson/Cowboy State Daily

Wyoming elections would be subject to post-election audits and early voting windows would be shortened under a bill advanced by a legislative committee Tuesday. Senate File 153, titled “Election Security,” would reduce early voting to 28 days from the current 45 for domestic applicants. Overseas applicants and military would still have 45 days to vote early or with an absentee ballot. On post-election audits, state law doesn’t require them, but there’s an outstanding directive to require them by former Secretary of State Ed Buchanan. Pressure to require audits has increased in the wake of the 2020 presidential election, which former President Donald Trump and his supporters have maintained was tainted by widespread fraud. If SF 153 passes, Wyoming would still have the 12th longest early voting period in the country. Mary Lankford, a representative from the Wyoming County Clerks Association, said the average length of early voting offered by U.S. states is 23 days. It passed unanimously out of the Senate Corporations, Elections and Political Subdivisions Committee. Full Article: Wyoming Lawmakers Vote To Reduce Early Voting Window, Require Post-Election Audits - Cowboy State Daily

National: States Push for New Voting Laws With an Eye Toward 2024 | Neil Vigdor/The New York Times

The tug of war over voting rights and rules is playing out with fresh urgency at the state level, as Republicans and Democrats fight to get new laws on the books before the 2024 presidential election. Republicans have pushed to tighten voting laws with renewed vigor since former President Donald J. Trump made baseless claims of fraud after losing the 2020 election, while Democrats coming off midterm successes are trying to channel their momentum to expand voting access and thwart efforts to undermine elections. States like Florida, Texas and Georgia, where Republicans control the levers of state government, have already passed sweeping voting restrictions that include criminal oversight initiatives, limits on drop boxes, new identification requirements and more. While President Biden and Democrats in Congress were unable to pass federal legislation last year that would protect voting access and restore elements of the landmark Voting Rights Act stripped away by the Supreme Court in 2013, not all reform efforts have floundered. Full Article: States Push for New Voting Laws With an Eye Toward 2024 - The New York Times

With a roll of the dice, Michigan begins audit of 2022 election | Ben Orner/MLive.com

Over the next month, state and local election officials will audit Michigan’s 2022 general election, checking the accuracy of results and security of procedures. These more than 200 audits across counties, cities and townships will see Bureau of Elections staff and county clerks review ballots and election administration in randomly selected precincts and identify best practices for future elections. “It is somewhat like a recount, but it is not a recount,” said Michigan elections director Jonathan Brater. “What we’re doing is counting enough containers across the state to make sure that – within a statistical level of certainty – we’re confident that the tabulators got the proper result.” Brater watched Thursday as a handful of local election officials and bureau staff rolled a 10-sided die to determine which batches of ballots will be hand-counted to check the accuracy of Michigan’s vote tabulation machines. Full Article: With a roll of the dice, Michigan begins audit of 2022 election - mlive.com

National: Election Assistance Commission Appoints New Director With Security-Focused Background | Edward Graham/Nextgov

The Election Assistance Commission on Tuesday announced that Steven Frid—the security director at the Education Department’s Federal Student Aid office—has been appointed as the new executive director of the agency beginning on Jan. 30. In a press release, EAC called Frid “a long-term public servant who has dedicated his career to collecting and analyzing data about risks to federal employees, facilities, information and operations within the Office of Personnel Management, Department of Homeland Security and the Department of Education.” “Steven Frid will be joining the EAC during a very exciting and pivotal time for the agency as we prepare for the 2024 elections,” EAC Chairman Thomas Hicks, Vice Chair Christy McCormick, and Commissioners Ben Hovland and Donald Palmer said in a joint statement. “His leadership, innovative work and expertise at a range of federal agencies will be an asset as the EAC continues to grow and work to better serve election officials, voters and other stakeholders.” Full Article: Election Assistance Commission Appoints New Director With Security-Focused Background - Nextgov

National: GOP action on mail ballot timelines angers military families | Julie Carr Smith and Gary Fields/Los Angeles Times

Ohio’s restrictive new election law significantly shortens the window for mailed ballots to be received — despite no evidence that the extended timeline has led to fraud or any other problems — and that change is angering active-duty members of the military and their families because of its potential to disenfranchise them. The pace of ballot counting after election day has become a target of conservatives egged on by former President Trump. He has promoted a false narrative since losing the 2020 election that fluctuating results as late-arriving mail-in ballots are tallied is a sign of fraud. Republican lawmakers said during debate on the Ohio legislation that even if Trump’s claims aren’t true, the skepticism they have caused among conservatives about the accuracy of election results justifies imposing new limits. The new law reduces the number of days for county election boards to include mailed ballots in their tallies from 10 days after election day to four. Critics say that could lead to more ballots from Ohio’s military voters missing the deadline and getting tossed. This issue isn’t confined to Ohio. Three other states narrowed their post-election windows for accepting mail ballots last session, according to data from the nonpartisan Voting Rights Lab. Similar moves pushed by Republican lawmakers are being proposed or discussed this year in Wisconsin, New Jersey, California and other states. Full Article: GOP action on mail ballot timelines angers military families - Los Angeles Times

Arizona Court of Appeals rejects state GOP party effort to end early voting | Mary Jo Pitzl/Arizona Republic

Arizona's early voting system is constitutional, the state Court of Appeals has ruled, upholding a popular voting method used widely across the state. The ruling, issued Tuesday, is the second legal defeat on the issue for the Arizona Republican Party and its chair, Kelli Ward, who last year sued to eliminate early voting before the 2022 elections. The three-judge appeals court rejected the party's argument that mail-in voting violates the secrecy clause in the state Constitution, which requires that voters must have a way to conceal their choices on the ballot. The state's mail-in, or early voting, process does provide secrecy, the court found, "by requiring voters to ensure that they fill out their ballot in secret and seal the ballot in an envelope that does not disclose the voters' choices." Full Article: Arizona Court of Appeals: Early voting does not violate Constitution

Arkansas: Cleburne County Rejects Voting Machines and Votes to Move to Hand Counted Paper Ballots | Magnolia Banner News

The Cleburne County quorum court passed a binding resolution making them a "paper ballot" county, meaning future elections would be administered with hand marked paper ballots that are hand counted. The vote was in response to Arkansas Voter Integrity Initiative, INC.(AVII) CEO Colonel Conrad Reynolds' push for election computers to be removed from Arkansas elections. Reynolds stated, "For more than a decade there have been too many unanswered questions with these voting machines, which are essentially computers. The owners of the machine company are intentionally shielded from the public. The machines do not read the names on the ballots, instead they scan barcodes, which humans cannot read. They also utilize proprietary software that we are not allowed to examine. This all means voters cannot verify that their vote is being counted properly as mandated by state law. As a former military intelligence officer, I look at this through a national security perspective and conclude there are big problems with our current voting system." Full Article: Cleburne County (Arkansas) Rejects Voting Machines and Votes to Move to Hand Counted Paper Ballots

Colorado: Pueblo County election tampering case bound for competency court | Justin Reutter/The Pueblo Chieftain

A Pueblo man's competency to stand trial in an election tampering case is still up in the air and has been bound over to competency court by District Judge William Alexander. An initial report from the Colorado Department of Human Services has been ordered to opine on the initial likelihood of restoring to competency suspect Richard Patton, 31, to stand trial. However, no findings have yet been made, according to Colorado court records. At a hearing Dec. 29, Alexander also ordered Patton to undergo outpatient mental health treatment in hopes of restoring legal competency in the case. A Jan. 18 competency court hearing has been set in front of District Judge Allison Ernst, according to Alexander. Patton was found to be incompetent to stand trial following a December evaluation by a behavioral health expert. Full Article: Pueblo election tampering case bound for competency court

Idaho lawmakers want hand recounts during election audits | James Dawson/Boise State Public Radio

Post-election audits must be done by hand under the first bill to make it to the House floor this year. State legislators passed a law last year requiring a random audit of each primary and general election in Idaho. Counties are randomly drawn, with the requirement that small and larger counties alike are chosen. But the law never specified how audits should be conducted. Despite that, Secretary of State Phil McGrane said state officials did previously use hand recounts. “This is just affirming the current practice,” said McGrane. “It was done previously by directive of [former Secretary of State Lawerence Denney]. That directive will continue.” Votes are typically scanned and counted by a machine, which can occasionally misread faintly filled-in bubbles, or make other errors. Full Article: Idaho lawmakers want hand recounts during election audits | Boise State Public Radio

Michigan lawmakers announce plans to protect election officials in wake of threats | Anna Gustafson/Michigan Advance

After threats against election workers have soared in the wake of a right-wing campaign to push lies about the 2020 election, Michigan Secretary of State Jocelyn Benson and Democratic lawmakers announced Tuesday plans to protect election officials and crack down on those intentionally sharing misinformation about elections and voting. “As Michigan’s chief election officer, my responsibility is to ensure that our elections are accessible, safe, secure, and that the results are an accurate reflection of the will of the people,” Benson said during Tuesday’s press conference. “It’s a role that increasingly forces all of us in this work, whether we consider ourselves Republican, Democrat or independent, to endure threats, harassment, false and malicious attacks on our character and integrity, and sometimes even violence. “We cannot have a secure democracy if we do not protect the security of the people who administer, protect and stand guard over our elections,” Benson continued. Full Article: Benson, Dem lawmakers announce plans to protect election officials in wake of threats ⋆ Michigan Advance

Mississippi: New voting machines can help keep elections secure but will require funding | Kobee Vance/MPR

Mississippi is currently investing in a new voting infrastructure that will rely more on paper ballots as a backup to the machines that scan in votes. This was originally funded through a law passed last year. It allows for local municipalities to print ballots on demand and has specialized touchscreen voting machines for those with disabilities. But Secretary of State Michael Watson says there are some additional costs with these machines that need additional legislative funding to maintain software and security. “I think it’s important to make sure that Mississippians are educated, and they say, ‘well, we’re still voting on machines.’ Well it’s a machine that counts a paper ballot,” says Watson. “So if there’s ever an issue, you can come back and say ‘you know what, let’s look to the paper.’ And so I think Mississippians will feel more confident about that.” Watson says the continued security maintenance that modern voting machines require will be a recurring cost for local municipalities, and much of this will be handled by the Mississippi Department of Information Technology Services. Full Article: New voting machines in Mississippi can help keep elections secure but will require funding

Nevada: Democratic state senator to propose criminalizing ‘fake elector’ schemes | Sean Golonka/The Nevada Independent

In a bid to strengthen Nevada election laws, Democratic Sen. Skip Daly has requested a bill that would criminalize so-called “fake elector” schemes, such as the 2020 plot that saw self-designated Republican electors seek to pledge Nevada’s electoral votes to then-President Donald Trump, despite him losing the popular vote to Democrat Joe Biden. “I just wanted to, to the extent that we can, strengthen the rule against it, the penalty for it, make sure it never happens again, basically make it even more illegal than it was before,” Daly, who represents a Sparks-area district, told The Nevada Independent. “The idea is not only to capture … the actual fake electors, but anyone conspiring with them to do such a thing.” For those found guilty of submitting false electoral votes or conspiring to do so, Daly’s requested bill would, if approved, subject them to felony charges, including four to eight years of jail time. It also would ban those convicted of breaking the law from running for elected office in Nevada and from being appointed to any government position in the state. “I pray that we'll never … have to prosecute or attempt to prosecute or have a reason to prosecute anybody,” he said. “But at the same time, though, who would have thought that it would happen the first time?” Source: Democratic state senator to propose criminalizing ‘fake elector’ schemes – The Nevada Independent

New Hampshire Ballot Law Commission moves forward with assessing new counting machines | Jeongyoon Han/New Hampshire Public Radio

New Hampshire’s Ballot Law Commission is continuing to test out different ballot counting machines as it seeks to replace the state’s aging ones. The commission, which sets the criteria and has the final say for certifying ballot counting machines in the state, met on Wednesday to assess several companies’ ballot counting machines. Here’s what happened. The commission met with representatives from a company called Clear Ballot Group, which wants to have their ballot counting machines approved so that towns in New Hampshire could use them for elections. The state uses those machines when conducting its routine election audits. James Rundlett, national sales manager at the company, showed the commission how the ballot machine works. “We believe this is the future of elections,” Rundlett said. Clear Ballot Group’s ballot devices are being used in various parts of the country, including in parts of the Pacific Northwest, Kansas, Seattle, and Ohio. Full Article: NH Ballot Law Commission moves forward with assessing new counting machines | New Hampshire Public Radio

New Jersey county will seek court-ordered recount after voting machines produced erroneous election results 7 David Wildstein/New Jersey Globe

The Monmouth County Board of Elections are expected to ask a judge to order a recount of an Ocean Township school board race after their voting machine vendor, Election Systems and Software (ES&S), acknowledged on Tuesday that a human programming error caused some votes to be double counted, the New Jersey Globe has learned. Frustration among election officials in Monmouth County from both parties has caused the election board to move forward despite the advice of the New Jersey Attorney General’s office and not recanvass and recertify the November 8 general election, two sources with direct knowledge of the board’s actions have confirmed. ... The company, which services a large percentage of U.S. voting machines, sought to downplay the problem. “In Monmouth County, the outcome of one race in the 2022 November General Election – a local, nonpartisan race – was affected due to USB flash media being loaded twice into the results reporting module,” said Katrina Granger, an ES&S spokesperson. “This isolated incident occurred due to a human procedural error. An audit of the system yielded this information.” Full Article: N.J. county will seek court-ordered recount after voting machines produced erroneous election results - New Jersey Globe

New Mexico shootings follow two years of election assaults | Christina A. Cassidy/Associated Press

Two years since the attack on the U.S. Capitol, a series of drive-by shootings targeting Democrats in New Mexico is a violent reminder that the false claims about a stolen election persist in posing a danger to public officials and the country’s democratic institutions. While no one was hurt in the Albuquerque attacks, this latest outburst of political violence underscores how election denialism has become deeply embedded across much of the country and how it is driving grievance-filled anger over the nation’s politics and officeholders. Over the past year, the husband of former House Speaker Nancy Pelosi was seriously injured in an attack in his home by an assailant who said he was sick of the “lies coming out of Washington D.C.,” election workers were intimidated and harassed, and prosecutors won convictions in a plot to kidnap Michigan’s governor. Further sign of the unrelenting threat came this week when authorities arrested a Republican candidate for the New Mexico House who had refused to accept his loss in last fall’s election. Police said Solomon Peña hired four people to shoot at the homes of four Democratic lawmakers. Full Article: New Mexico shootings follow two years of election assaults | AP News

New Mexico: A Republican candidate paid for shootings targeting Democratic officials, police say | Ayana Archie/NPR

Solomon Peña, who unsuccessfully ran for a state House seat in New Mexico as a Republican last November, was arrested Monday in Albuquerque for allegedly paying four men to shoot at the homes of four elected officials, police said. They say Peña paid $500 — and that he took part in one shooting himself. The criminal complaint against Peña includes chilling details. In one case, bullets tore through the walls of a 10-year-old girl's bedroom as she slept. Just before that attack, police allege, Peña had urged the gunmen to aim lower when they shot at politicians' houses. Charges against Peña, whom police call the "mastermind" behind the string of attacks, include conspiracy to commit a felony, shooting at an occupied dwelling, and shooting from a vehicle. He was booked into the Albuquerque Metropolitan Detention Center late Monday. Full Article: A Republican candidate paid for shootings targeting N.M. Democrats, police say : NPR

Pennsylvania: Driven by Election Deniers, Hand Recount of 2020 Election Results in Lycoming County Showed Little Change | Trip Gabriel/The New York Times

On the 797th day after the defeat of former President Donald J. Trump, a rural Pennsylvania county on Monday began a recount of ballots from Election Day 2020. Under pressure from conspiracy theorists and election deniers, 28 employees of Lycoming County counted — by hand — nearly 60,000 ballots. It took three days and an estimated 560 work hours, as the vote-counters ticked through paper ballots at long rows of tables in the county elections department in Williamsport, a place used to a different sort of nail-biter as the home of the Little League World Series. The results of Lycoming County’s hand recount — like earlier recounts of the 2020 election in Wisconsin, Georgia and Arizona — revealed no evidence of fraud. The numbers reported more than two years ago were nearly identical to the numbers reported on Thursday. Mr. Trump ended up with seven fewer votes than were recorded on voting machines in 2020. Joseph R. Biden Jr. had 15 fewer votes. Overall, Mr. Trump gained eight votes against his rival. The former president, who easily carried deep-red Lycoming County in 2020, carried it once again with 69.98 percent of the vote — gaining one one-hundredth of a point in the recount. ull Article: Hand Recount of 2020 Election Results in Lycoming County Showed Little Change - The New York Times

Texas: Republicans have already filed dozens of bills to restrict voting in 2023 | Kira Lerner/The Guardian

Republican lawmakers across the country have already filed dozens of bills that would restrict voting, including proposals in Texas that would increase criminal penalties on people who violate voting laws and enact a new law enforcement unit to prosecute election crimes. The 2023 legislative session comes in the wake of an election that was described by many voting rights advocates as a triumph of democracy, despite the restrictive voting laws that were in place in 20 states for the first time last year. Before this session, at least 26 states enacted, expanded or increased the severity of 120 election-related criminal penalties. This year, Republican-controlled legislatures plan to continue pressing for laws that they say would help prevent widespread voter fraud, a problem that voting advocates say does not exist but nonetheless continues to be alleged by Donald Trump and his allies. Several pre-filed bills would further criminalize voters and election officials, a trend that has been occurring across the US in the past few years. Source: Republicans have already filed dozens of bills to restrict voting in 2023 | US voting rights | The Guardian

Blame The Voting Machines: Brazil Riots Fit Global Pattern | Anuj Chopra, Luiza Queiroz and Rossen Bossev/Barron’s

Mobs of rioters who stormed Brazil's seats of power raised conspiracy-laden slogans against voting machines, a prime target of disinformation campaigns seeking to undermine trust in electoral systems around the world. Far-right ex-president Jair Bolsonaro's supporters, who invaded the presidential palace, Congress and Supreme Court in the capital Brasilia on Sunday, demanded access to the "source code" of electronic voting machines. That slogan effectively questioned the reliability of voting equipment after a bitterly contested election that saw Bolsonaro defeated by his leftist rival Luiz Inacio Lula da Silva. The right-wing rage was the latest illustration of the impact of disinformation campaigns that have sought to cast doubt on voting machines from the United States to France, Bulgaria and the Philippines. ... Experts such as Pamela Smith also called on countries to collate "hard election evidence" to boost public confidence in machine voting. "We advocate for a physical record of voter intent, used in robust post-election checks on the machine-reported outcome, with plenty of transparency," Smith, president of the nonpartisan nonprofit Verified Voting, told AFP. "Every country should work toward that goal. An election outcome... should not be subverted by whoever shouts the loudest." Full Article: Blame The Voting Machines: Brazil Riots Fit Global Pattern | Barron's

Georgia asks judge to uphold voting system in election security case | Mark Niesse/The Atlanta Journal-Constitution

The state of Georgia is asking a federal judge to rule in its favor in a long-running lawsuit alleging that the state’s voting system is inherently insecure. Motions for summary judgment filed Monday said there’s no evidence that voting computers have been hacked or that votes have been counted inaccurately. In addition, election officials have said audits and recounts checked election results. The state’s court filings come as the lawsuit over Georgia’s voting system, which combines touchscreens and printed-out ballots, could finally go to a trial this year, more than five years after the case started. “Ultimately, there is no burden on the right to vote using the state’s chosen voting system by the mere existence of vulnerabilities — because every voting system has vulnerabilities,” wrote attorneys for Secretary of State Brad Raffensperger and the State Election Board. “The numerous audits and hand counts of Georgia elections verify the accuracy of Georgia’s voting equipment.” An attorney for the plaintiffs, David Cross, said there’s substantial evidence of flaws in Georgia’s voting system. Full Article: Georgia seeks to end lawsuit over election security vulnerabilities

National: Republicans filed record number of anti-voting lawsuits in 2022 – report | Kira Lerner/The Guardian

The Republican party filed a record number of anti-voting lawsuits in 2022, a sign it is shifting the battle over voting access and election administration to courtrooms as well as state legislatures. Last year, Republican party groups filed 23 democracy-related lawsuits, according to a new report by Democracy Docket, a progressive media platform that tracks voting litigation. The lawsuits included efforts to challenge election results, attacks on mail-in voting and attempts to undermine the administration of elections. The Democratic party, the report found, filed only six voting lawsuits in 2022 and all sought to protect or expand the right to vote. The almost two dozen lawsuits filed by the GOP is an increase from 20 in 2020, the year of the presidential election in which Donald Trump’s loss was contested in courts for months. There were no new lawsuits by the Republican party in 2021, when there was no major election. “Evidently, the GOP establishment is becoming more litigious than ever and is turning to courts to achieve its anti-voting and anti-democracy ends,” the report says. Full Article: Republicans filed record number of anti-voting lawsuits in 2022 – report | Republicans | The Guardian

National: Another ‘radical’ change to the Voting Rights Act could reach the Supreme Court | Tierney Sneed/CNN

A federal appeals court appears open to further shrinking the scope of the Voting Rights Act in a case that could lead to another major Supreme Court showdown over voting rights. The 8th US Circuit Court of Appeals at a hearing on Wednesday considered whether private entities – and not just the US Justice Department – can bring lawsuits under a key provision of the law. Two of the three members of the appellate panel asked questions suggesting they were leaning against the idea that the provision, known as Section 2, could be enforced with private lawsuits. If those seeking a narrowing of the VRA are successful, it would significantly diminish the use of the law to challenge ballot regulations and redistricting maps that are said to be racially discriminatory. A vast majority of the cases that are brought under the Voting Rights Act – which prohibits election rules that have the intent or effect of discriminating on the basis of race – are brought by private plaintiffs, with the Justice Department facing strained resources and other considerations that limit the number of VRA cases it files to, at most, a few each year. Last year, however, a Trump-appointed federal judge in Arkansas – running counter to decades of legal practice – said that private parties do not have the ability to sue under the Section 2. Full Article: Voting Rights Act: Another 'radical' change could reach the Supreme Court | CNN Politics

Arizona: 500-vote gap in Pinal County general election count was due to ‘human error’ | Sasha Hupka/Arizona Republic

Three months after a disastrous primary, Pinal County seemed to pull off a smooth Election Day in November. But the county made errors in counting some ballots, officials said as a 500-vote discrepancy between certified election tallies and recounted results came to light on Thursday. "The purpose of a recount is to ensure accurate vote totals are put forth, as it is reasonable to expect some level of human error in a dynamic, high-stress, deadline intensive process involving counting hundreds of thousands of ballots," county officials said in a statement. "The recount process did what it was supposed to do — it identified a roughly 500 vote undercount in the Pinal County election attributable to human error." The county, which runs south and east of Maricopa County, is home to about 450,000 residents and has experienced rapid growth in recent years. About 140,000 voters cast ballots there in the November election. The issues don't change the results of two races — for state attorney general and state schools superintendent — that were recounted statewide because of tight margins. And numerous officials said they believe the recount results are accurate. Still, the newly counted ballots narrowed the lead of Attorney General-elect Kris Mayes, a Democrat, over Republican opponent Abe Hamadeh in one of the tightest races in Arizona history. Full Article: Pinal County: 500-vote gap in general election count was 'human error'

Arkansas: Former candidate files suit over voting machines using bar codes | Daniel McFadin/Arkansas Democrat Gazette

A former candidate for Arkansas’ U.S. House District 2 has filed an “election integrity lawsuit” aiming to prevent Arkansas from using specific voting machines in future elections. Conrad Reynolds, a retired U.S. Army colonel and leader of a group called Arkansas Voter Integrity Initiative Inc., filed the lawsuit Monday in Pulaski County against Secretary of State John Thurston, the State Board of Election Commissioners, and Election Systems and Software (ES&S). The lawsuit contends that “the voting machines currently approved by the Secretary of State and the State Board of Election Commissioners fail to comply with state law.” The lawsuit, which was assigned to Judge Tim Fox on the 6th Judicial Circuit, urges the court to rule that the ExpressVote and DS200 voting machines used by the state “do not comply with Arkansas law because the voter cannot independently verify the votes selected by the voter on the ballot prior to being cast by the voter as the ordinary and common voter cannot read bar codes.” According to the lawsuit, voters mark their ballots using ExpressVote, which prints a ballot summary card that includes a bar code at the top “allegedly encoding the voter’s selected candidates and/ or issues.” The summary card is fed into the DS200, which tabulates the votes by reading the bar code. Because “most ordinary and common voters cannot read a bar code,” the lawsuit contends, the state law requiring that the voter be able to verify their vote is not met. Full Article: Former candidate files suit over voting machines using bar codes

Georgia officials consider changes to state’s runoff election system | Benjamin Barber/Facing South