Michigan changed how election results get reported. Expect delays in November | Craig Mauger and Kayla Ruble/The Detroit News

An effort to make Michigan elections more secure and quell fears that electronic equipment could be hacked delayed the reporting of Tuesday’s primary results, which officials said could foreshadow even lengthier waits in November. In some counties, including Wayne and Macomb, it took nearly four hours for partial initial results to be posted publicly on Tuesday after election workers had to hand-deliver memory cards from vote-counting machines instead of transmitting them using cellular modems. In November, officials warn the reporting of election results could be even slower because of a crush of absentee ballots that can’t legally be processed until Election Day, and a voter turnout that could be double the 2.1 million ballots cast in last week’s primary. “I’m not looking forward to November,” Chesterfield Township Clerk Cindy Berry said. “We really want to deliver results quickly, accurately and with confidence, and this will hinder our ability to do some of that, and the public is going to blame us.” The fallout points to the delicate balancing act facing election officials in the battleground state, where concerns about fraud and tampering have grown since the 2020 presidential election. Delays in releasing results create frustration and, potentially, opportunities for conspiracy theories to flourish.

Full Article: Michigan changed how election results get reported. Expect delays in November

National: Momentum Builds for Overhaul of Rules Governing the Electoral Count | Carl Hulse/The New York Times

Determined to prevent a repeat of the Jan. 6, 2021, assault on the Capitol, backers of an overhaul of the federal law governing the count of presidential electoral ballots pressed lawmakers on Wednesday to repair the flaws that President Donald J. Trump and his allies tried to exploit to reverse the 2020 results. “There is nothing more essential to the orderly transfer of power than clear rules for effecting it,” Senator Susan Collins, Republican of Maine and one of the lead authors of a bill to update the 135-year-old Electoral Count Act, said Wednesday as the Senate Rules Committee began its review of the legislation. “I urge my colleagues in the Senate and the House to seize this opportunity to enact the sensible and much-needed reforms before the end of this Congress.” Backers of the legislation, which has significant bipartisan support in the Senate, believe that a Republican takeover of the House in November and the beginning of the 2024 presidential election cycle could make it impossible to make major election law changes in the next Congress. They worry that, unless the outdated statute is changed, the shortcomings exposed by Mr. Trump’s unsuccessful effort to interfere with the counting of electoral votes could allow another effort to subvert the presidential election. “The Electoral Count Act of 1887 just turned out to be more troublesome, potentially, than anybody had thought,” said Senator Roy Blunt of Missouri, the senior Republican on the rules panel. “The language of 1887 is really outdated and vague in so many ways. Both sides of the aisle want to update this act.”

Full Article: Lawmakers Urge Electoral Count Changes to Fix Flaws Trump Exploited – The New York Times

National: Pro-Trump activists swamp election officials with sprawling records requests | Nathan Layne/Reuters

Pro-Trump operatives are flooding local officials with public-records requests to seek evidence for the former president’s false stolen-election claims and to gather intelligence on voting machines and voters, adding to the chaos rocking the U.S. election system. The Maricopa County Recorder’s Office in Arizona, an election battleground state, has fielded 498 public records requests this year – 130 more than all of last year. Officials in Washoe County, Nevada, have fielded 88 public records requests, two-thirds more than in all of 2021. And the number of requests to North Carolina’s state elections board have already nearly equaled last year’s total of 229. The surge of requests is overwhelming staffs that oversee elections in some jurisdictions, fueling baseless voter-fraud allegations and raising concerns about the inadvertent release of information that could be used to hack voting systems, according to a dozen election officials interviewed by Reuters. Republican and Democratic election officials said they consider some of the requests an abuse of freedom-of-information laws meant to ensure government transparency. Records requests facing many of the country’s 8,800 election offices have become “voluminous and daunting” since the 2020 election, said Kim Wyman, head of election security at the federal Cybersecurity and Infrastructure Security Agency (CISA). Last year, when she left her job as Washington secretary of state, the state’s top election official, her office had a two-year backlog of records requests.

Full Article: Pro-Trump activists swamp election officials with sprawling records requests | Reuters

National: Research suggests one way to fight voting misinformation | Miles Parks/NPR

For election officials, falsehoods about America’s voting process can feel like a game of whack-a-mole. “There’s just so much that is incorrect that they just keep repeating and repeating and repeating,” one Colorado voting official told NPR recently. “And then as soon as I have absolutely blocked off that path with actual correct information, then they just move that goal post. And they keep just moving the goal posts.” But it’s clear this “game” has massive stakes. A Justice Department official said in a Senate hearing this week that the federal law enforcement agency had reviewed more than a thousand hostile threats against election workers over the past year. And in a separate congressional hearing, lawmakers mulled how to make the presidential election certification process less vulnerable to partisan hijacking. In what has essentially become an information war for the future of democracy, people driven by misinformation are acting on it to harass election workers and subvert the will of the voters. And election officials have struggled to find an effective message to fight back.

Full Article: Research suggests one way to fight voting misinformation : NPR

National: As Midterms Loom, Congress Fears Domestic Disinformation | Jule Pattison-Gordon/GovTech

Federal lawmakers are looking to learn more about combating mis- and disinformation as midterm elections approach. Domestic sources have emerged as the greatest perpetrators of falsehoods, said several witnesses during a July 27 House hearing. “ISD research suggests domestic disinformation targets Americans at a higher volume and frequency than foreign campaigns,” testified Jiore Craig, head of digital integrity at the Institute for Strategic Dialogue (ISD), a think tank that analyzes extremism. Domestic actors can be particularly convincing. For example, some social media ads tout election falsehoods while featuring trustworthy-sounding organization names and, without permission, displaying images of trusted public figures, Craig said. “Much domestic disinformation is well-resourced, references real-world people and events, and deliberately uses social media product features like targeted advertising, recommendation systems and ‘explore’ feeds that are opt-in by default to seed disinformation,” Craig said in written testimony.

Full Article: As Midterms Loom, Congress Fears Domestic Disinformation

National: How Six States Could Overturn the 2024 Election | Barton Gellman/The Atlantic

Late last month, in one of its final acts of the term, the Supreme Court queued up another potentially precedent-wrecking decision for next year. The Court’s agreement to hear Moore v. Harper, a North Carolina redistricting case, isn’t just bad news for efforts to control gerrymandering. The Court’s right-wing supermajority is poised to let state lawmakers overturn voters’ choice in presidential elections. To understand the stakes, and the motives of Republicans who brought the case, you need only one strategic fact of political arithmetic. Six swing states—Pennsylvania, Michigan, Wisconsin, Arizona, Georgia, and North Carolina—are trending blue in presidential elections but ruled by gerrymandered Republican state legislatures. No comparable red-trending states are locked into Democratic legislatures. Joe Biden won five of those six swing states in 2020. Donald Trump then tried and failed, lawlessly, to muscle the GOP state legislators into discarding Biden’s victory and appointing Trump electors instead. The Moore case marks the debut in the nation’s highest court of a dubious theory that could give Republicans legal cover in 2024 to do as Trump demanded in 2020. And if democracy is subverted in just a few states, it can overturn the election nationwide.

Full Article: How Six States Could Overturn the 2024 Election – The Atlantic

Arizona Attorney General Debunks Trump Supporters’ Election Fraud Claims | Maggie Astor/The New York Times

Accusations that hundreds of ballots were cast in Arizona in 2020 in the name of dead voters are unfounded, the state’s Republican attorney general said on Monday in a sharply worded letter to the president of the Arizona Senate, who has advanced false claims of voter fraud. The attorney general, Mark Brnovich, wrote in his letter to Senator Karen Fann that his office’s Election Integrity Unit had spent “hundreds of hours” investigating 282 allegations submitted by Ms. Fann, as well as more than 6,000 allegations from four other reports. Some of them “were so absurd,” he wrote, that “the names and birth dates didn’t even match the deceased, and others included dates of death after the election.” The claims in Ms. Fann’s complaint stemmed from a heavily criticized audit of the 2020 election that the company Cyber Ninjas conducted last year in Arizona’s largest county, Maricopa. That audit found no evidence for former President Donald J. Trump’s claims that the election had been stolen from him; in fact, it counted slightly fewer votes for Mr. Trump and more for Joseph R. Biden Jr. than in the official tally. A subsequent report from election experts accused Cyber Ninjas of making up its numbers altogether. Nonetheless, Ms. Fann sent the accusations of dead voters to Mr. Brnovich’s office in a September 2021 complaint. “Our agents investigated all individuals that Cyber Ninjas reported as dead, and many were very surprised to learn they were allegedly deceased,” Mr. Brnovich wrote in his letter. His office concluded, he wrote, that “only one of the 282 individuals on the list was deceased at the time of the election.”

Full Article: Arizona Attorney General Debunks Trump Supporters’ Election Fraud Claims – The New York Times

Colorado: Tina Peters’ quarter-million-dollar recount gains her 13 votes | Bente Birkeland/Colorado Public Radio

Colorado has wrapped up a statewide recount of the GOP primary race for secretary of state which left the result unchanged. Mesa County Clerk Tina Peters requested the recount and accused the election of being rigged after results showed her losing by a wide margin to former Jefferson County Clerk Pamela Anderson. Peters gained 13 votes in the recount, as did Anderson. Mike O’Donnell, who narrowly got third in the race, gained 11 votes. “The recounts are complete and confirm once again that Colorado elections are safe and secure,” said Secretary of State Jena Griswold. Peters lost the June Republican primary for secretary of state by 88,579 votes, or around 14 points. Candidates can request a discretionary recount but have to foot the bill for it; state rules say candidates must pay for any recount when the margin is more than 0.5 percent.

Full Article: Tina Peters’ quarter-million-dollar recount gains her 13 votes | Colorado Public Radio

Georgia: Trump Lawyer Proposed Challenging Senate Elections in Search of Fraud | Maggie Haberman and Luke Broadwater/The New York Times

John Eastman, the conservative lawyer whose plan to block congressional certification of the 2020 election failed in spectacular fashion on Jan. 6, 2021, sent an email two weeks later arguing that pro-Trump forces should sue to keep searching for the supposed election fraud he acknowledged they had failed to find. On Jan. 20, 2021, hours after President Biden’s inauguration, Mr. Eastman emailed Rudolph W. Giuliani, former President Donald J. Trump’s personal lawyer, proposing that they challenge the outcome of the runoff elections in Georgia for two Senate seats that had been won on Jan. 5 by Democrats. “A lot of us have now staked our reputations on the claims of election fraud, and this would be a way to gather proof,” Mr. Eastman wrote in the previously undisclosed email, which also went to others, including a top Trump campaign adviser. “If we get proof of fraud on Jan. 5, it will likely also demonstrate the fraud on Nov. 3, thereby vindicating President Trump’s claims and serving as a strong bulwark against Senate impeachment trial.” The email, which was reviewed by The New York Times and authenticated by people who worked on the Trump campaign at the time, is the latest evidence that even some of Mr. Trump’s most fervent supporters knew they had not proven their baseless claims of widespread voting fraud — but wanted to continue their efforts to delegitimize the outcome even after Mr. Biden had taken office.

Full Article: John Eastman Proposed Challenging Georgia Senate Elections in Search of Fraud – The New York Times

Georgia: Probe of Coffee County’s 2020 election conduct revives Georgia voting machine lawsuit | Stanley Dunlap/Georgia Recorder

A long-running federal lawsuit challenging the security of Georgia’s voting system is now entangled in a dispute over the handling of an investigation into allegations that 2020 election skeptics illegally breached a county’s voting system. Attorneys representing the Coalition for a Good Governance and other election security advocates will attempt to wrap up depositions in the coming weeks and obtain other evidence regarding accusations that Coffee County elections officials granted activists access to the Dominion Voting System that is a frequent target of conspiracy theories tied to Republican President Donald Trump’s loss in the 2020 election to Democrat Joe Biden. Among the dozen Coffee County-related subpoenas filed in U.S. District Court Northern District of Georgia is one last month for Cyber Ninjas CEO Doug Logan, whose firm was behind the shoddy audit of Arizona’s Maricopa County in its administration of the 2020 presidential election. Cyber Ninjas is connected to digital security executive Benjamin Cotton, who has claimed in another investigation that he forensically examined voting systems in Coffee County and several other battleground states. The state election officials removed the county’s election server shortly after a newly hired Coffee County election director notified the state that the password no longer worked and that he found Logan’s business card on an office computer in April 2021. In recent court filings, the plaintiffs’ lawyers accuse the secretary of state’s office of withholding information and allege that the state purposefully delayed investigating a breach that threatens a system the state has fiercely defended.

Full Article: Probe of Coffee County’s 2020 election conduct revives Georgia voting machine lawsuit – Georgia Recorder

Kansas: Narrow GOP primary election for  treasurer triggers audit | Bill Lukitch/The Kansas City Star

A close Republican primary for Kansas treasurer has triggered a heightened post-election audit in Johnson County, along with every other county across the state, as the two GOP candidates seeking the party’s nomination were separated by a mere 312 votes on Wednesday evening. Unofficial results from the Kansas Secretary of State’s Office showed Rep. Steven Johnson ahead of Sen. Caryn Tyson by less than 1 percentage point as of 6 p.m. Under a new Kansas law enacted during the last session, every county election office in the state must now perform a post-election audit where ballots cast in 10% of each county’s precincts will be recounted by hand. During a press call on Wednesday, Bryan Caskey, the state’s director of elections, said the GOP primary for treasurer was the only one that met the threshold for the increased post-election audit. He said every county would also be performing the additional state-required audit of a statewide, state legislative and county race in addition to the constitutional amendment question regarding the right to have an abortion in Kansas Johnson County Election Commissioner Fred Sherman said Wednesday that his workers were in a bit of a scramble to get everything done in time. Although the voters have all done their part, he said the work was only beginning for the election office. “We just got out of gates with the work we have to do,” Sherman said. Johnson County, the most populated in Kansas, has 610 precincts. By state law the hand recount for the GOP treasurer primary will include 61 precincts. Seven precincts there will be recounted by hand in the other part of the post-election audit.

Full Article: Close GOP primary election for KS treasurer triggers audit | The Kansas City Star

Michigan: GOP activist group instructs poll watchers to call 911 | Heidi Przybyla/Politico

Members of a GOP activist group coaching Michigan poll workers and watchers before Tuesday’s primary election instructed them to call 911 and contact sheriffs to involve law enforcement in election-related complaints, according to a recording of a Sunday night meeting obtained by POLITICO. The plan, outlined by Joanne Bakale, who is running a voter project for the Election Integrity Force and who led the meeting, is the latest example of how many individuals who falsely maintain there was widespread fraud in the 2020 election are seeking to involve law enforcement around elections administration. “One of the issues that we had in the 2020 election is that no one actually filed any complaints with the police,” said Bakale, advising participants to document issues around voting or voting machines by calling 911. In 2020, dozens of poll challengers were locked outside Detroit’s TCF Center, where absentee ballots were being counted, after Covid-19 safety protocols were violated. Since then, many activists and GOP officials have insisted they witnessed fraud, despite a GOP-led investigation refuting the claims, and worked to form relationships with local police.

Full Article: GOP activist group instructs Michigan poll watchers to call 911 – POLITICO

Michigan: Unofficial election results delayed after some counties changed how results are transmitted | Sophia Kalakailo/Michigan Radio

Delays in unofficial reporting of results in Michigan’s primary were caused by a change in how those results are transmitted from the local level to the county level. As of Wednesday morning, results were still coming in from large communities. At least 70 Michigan counties have stopped using modems to transmit unofficial election results electronically, according to Michigan Department of State Spokesperson Tracy Wimmer. Wayne County, Michigan’s largest, is among those that stopped using modems to transmit results. The shift comes amid a push to increase election security by critics who doubt the results of the November 2020 presidential election — despite Republican-led audits that upheld the results — and disproven claims of fraud involving voting machines connected to the internet through modems. “This is being done in accordance with guidance issued by the U.S. Election Assistance Commission in order to, one, prevent any remote possibility — which is very small — of interference, but also to counter the misinformation that is circulated concerning the use of modems,” Wimmer said.

Full Article: Unofficial election results delayed after some counties changed how results are transmitted

Nevada: Nye County’s new top election official wants to hand count ballots, distrusts voting machines | Sean Golonka/The Nevada Independent

Nye County commissioners on Tuesday appointed an interim county clerk who has promoted voting machine conspiracy theories and believes Donald Trump won the 2020 election. Mark Kampf, a retired financial executive who starts as the top election official in the state’s sixth-most populous county this Friday, has also said he plans to hand count all ballots cast during this year’s general election — a change in election administration fueled by fears and conspiracy theories about the reliability of voting machines, despite a lack of evidence that significant errors exist or election fraud has occurred. Nye County has roughly 33,000 registered voters. His plans for the office fall in line with the wishes of the all-Republican Board of County Commissioners, who in March voted unanimously to ask their current clerk, Sandra Merlino, to cease use of the county’s Dominion electronic voting machines and move to all-paper, hand-counted elections for both the 2022 primary and general elections — something election experts warn has a much higher capacity for human error. Merlino, who submitted her letter of resignation less than three months later, did not heed that recommendation during the June primary election, but her exit from the clerk’s office paves the way for implementation of the new election procedures touted by Jim Marchant, the Republican secretary of state nominee and a vocal proponent of conspiracy theories about the 2020 election.

Full Article: Nye County’s new top election official wants to hand count ballots, distrusts voting machines – The Nevada Independent

Oklahoma’s first post-election audit confirms 2022 primary results | Carmen Forman/The Oklahoman

The state Election Board originally planned to start conducting post-election audits during the 2020 election cycle, but the development of policies and procedures to guide the process was delayed during the pandemic. “Post-election audits add an additional layer of transparency and security to Oklahoma elections and election officials are thankful that the State Legislature enacted a law to allow them,” Ziriax said in a news release. “Oklahoma has one of the most accurate and secure voting systems in the entire world. These post-election audits and the three recounts that followed the June 28 Primary Elections are the latest in a long line of evidence of that.” Election integrity has been a hot topic at the state Capitol following the 2020 presidential election. Spurred by former President Donald Trump’s baseless claims of widespread election fraud, several GOP state lawmakers have sought a forensic or independent audit of the 2020 election results. State law doesn’t allow for audits conducted by non-elections officials.

Full Article: Oklahoma’s first post-election audit confirms 2022 primary results

Pennsylvania’s Supreme Court upheld the state’s mail voting law after a long legal fight | Jonathan Lai/Philadelphia Inquirer

Pennsylvania’s mail-voting law is constitutional, the state Supreme Court ruled Tuesday, upholding the 2019 measure that allows any voter to use mail ballots and removing a cloud of uncertainty heading into the midterm elections. The law dramatically expanded mail voting from a method that had been allowed only in a very small number of cases — about 5% of votes in any given election — to one used by millions over the last two years. It was the product of bipartisan negotiations between Democratic Gov. Tom Wolf and Republicans who control the state legislature, the biggest change to Pennsylvania election law in generations. But its implementation in 2020 came during both the first year of the pandemic and a heated presidential election. As massive numbers of voters cast ballots by mail, state and county elections officials tried to build out the system — in some cases triggering Republican outrage and lawsuits over their decisions. That was further stoked by then-President Donald Trump, who began attacking mail voting months before his loss to Joe Biden in the 2020 presidential election. Republicans have continued to try to dismantle the law known as Act 77, with some saying it has been abused in its implementation, and others espousing bogus conspiracy theories about widespread fraud. The resulting partisan divide over a mail voting law that had been carefully negotiated — and trumpeted — by both Democrats and Republicans was on full display following the ruling Tuesday.

Full Article: Pennsylvania mail voting law Act 77 upheld by state Supreme Court

Texas: Harris County Commissioners Court OKs lawsuit over random state election audit | Dug Begley/Houston Chronicle

Harris County Commissioners Court, by a 3-2 partisan vote, agreed to explore legal options, including a possible lawsuit, to challenge the results of a random drawing by the Texas Secretary of State’s Office that means another round of election scrutiny for Texas’ largest county. “It ought to be the state of Texas that is audited,” said Precinct 1 Commissioner Rodney Ellis, who proposed the lawsuit. “This place has gone back to the bad old days.” Harris County learned last week it was one of two large counties chosen for an election audit by state officials, under new procedures lawmakers approved for election scrutiny. It is the second audit of Harris County, after another approved weeks following the 2020 general election. Procedures for the upcoming audit, which covers both the 2020 and 2022 elections, have not been outlined by the state yet, said Beth Stevens, Harris County’s interim elections administrator.

Full Article: A random Texas election audit: Commissioners Court OKs lawsuit

Texas: Lawsuit demands end to electronic voting machines in Lubbock County | James Clark/KLBK

Five people sued Lubbock County Commissioners Monday to stop the use of electronic voting systems. They also demanded “proper investigations and reconciliation” of elections in the last two years. The lawsuit demands, among other things, that Lubbock County “implement a precinct level hand-marked paper ballot and hand counting system.” The county already approved machines that keep a paper backup system in addition to the electronic records. The preliminary statement in the lawsuit, filed by Ashley Johnson, Beverly D. Burnett, Royce C. Lewis, Laura Lynne Phillips and Sheryl Ann Sherman – all representing themselves to be Lubbock County registered voters – said, “This action is not an election contest case.” The basic claim was that Lubbock County uses Hart InterCivic voting machines. The lawsuit also claimed these voting machines do not meet state standards and they are vulnerable to so-called “black box” antics by nations such as China.

Full Article: Lawsuit demands end to electronic voting machines in Lubbock County | KLBK | KAMC | EverythingLubbock.com

Wisconsin: Trump tries to topple a powerful Wisconsin Republican in his futile quest to reverse his 2020 loss | Reid J. Epstein/The New York Times

After months of toying with Robin Vos, who as the speaker of the Wisconsin Assembly is the most powerful Republican in state politics, former President Donald J. Trump endorsed Mr. Vos’s long-shot primary challenger on Tuesday in a futile effort to push the state’s Republicans to decertify the results of the 2020 election. Mr. Trump backed Adam Steen, a largely unknown and underfunded far-right Republican who said he would aim to claw back the state’s 10 Electoral College votes from 2020 — a legal impossibility — and enact sweeping changes to the state’s voting laws. Mr. Steen’s far-right views are not limited to elections. He is opposed to all abortions under any circumstances and he said in an interview on Monday that he would seek to make contraception illegal in Wisconsin. “This is way deeper than a political discussion. This is a moral issue,” he said. “To me, you’re ending a life. Yes, I would definitely outlaw contraception.” In his endorsement message, Mr. Trump blamed Mr. Vos for blocking efforts to conduct a “full cyber forensic audit” of the 2020 election and said he had “refused to do anything to right the wrongs that were done.” “Speaker Vos had 17 years to prove to Wisconsin residents that he has their best interest in mind, but even in his own campaign efforts, Vos has tried to mislead his constituents, sending out mailers that feature a picture he took with me — trying to make voters believe I am a Vos supporter, which I am not,” Mr. Trump said. “I do not come close to supporting him.”

Full Article: Trump, Angry About 2020, Tries to Oust Robin Vos in Wisconsin – The New York Times

State elections officials struggle with paper shortages, harassment, insider threats | Kira Lerner/Idaho Capital Sun

Elections officials from 33 states, gathered for a conference under tight security, warned that the next few election cycles will be affected by paper shortages and the potential for threats from inside elections offices. The meeting of the National Association of State Elections Directors last week was held with stringent security precautions, given the ongoing threats and harassment faced by elections officials across the country in the years since the 2020 election. Organizers didn’t publicly share the location of the meeting and attendees were instructed to keep name badges visible inside the conference rooms, but not to wear them outside the hotel. NASED executive director Amy Cohen said the group coordinated with federal, state, and local law enforcement for the event to protect the attendees who are dealing with serious security concerns. “Not every one of our members is dealing with the same level of concern, but when you’re all together, it doesn’t matter,” she said. “It’s the transitive property of risk.” Cohen said she worked closely with a physical security adviser for the Cybersecurity and Infrastructure Security Agency, a federal agency which also sent representatives to the conference to give a presentation for election officials on the resources they have available to help them ensure the security of their election systems.

Full Article: State elections officials struggle with paper shortages, harassment, insider threats – Idaho Capital Sun

National: The Fake Electors Scheme, Explained | Alan Feuer and Katie Benner/The New York Times

The brazen plan to create false slates of electors pledged to former President Donald J. Trump in seven swing states that were actually won by Joseph R. Biden Jr. was arguably the longest-running and most expansive of the multiple efforts by Mr. Trump and his allies to overturn the results of the 2020 election. It was also one of the most confusing, involving a sprawling cast of pro-Trump lawyers, state Republican officials and White House aides in an effort that began before some states had even finished counting their ballots. It culminated in the campaign to pressure Vice President Mike Pence to use the false slates to subvert congressional certification of the outcome on Jan. 6, 2021 — and in the violent attack on the Capitol that unfolded as he refused to do so. The scheme had a vague historical precedent and was rooted, at least in theory, in a post-Reconstruction Era law designed to address how to handle disputed elections. But it was deemed illegal by Mr. Trump’s own White House Counsel’s Office. Even some of the lawyers who helped come up with the idea referred to it as fake and acknowledged that it was of dubious legality, according to a cache of email messages brought to light by The New York Times. The fake electors tactic caught the attention of state law enforcement officials around the beginning of this year, and soon became a focus of the inquiry being conducted by the House select committee investigating the events of Jan. 6. The plan has also figured prominently in an investigation that an Atlanta-area prosecutor is conducting into Mr. Trump’s alleged election meddling. And it is at the heart of the Justice Department’s own wide-ranging Jan. 6 inquiry.

Full Article: The Fake Electors Scheme, Explained – The New York Times

National: Garland promises ‘justice without fear or favor’ as DoJ digs into Trump’s January 6 role | Martin Pengelly/The Guardian

The US attorney general, Merrick Garland, said he would “pursue justice without fear or favor” in his decision on whether to charge Donald Trump with crimes related to the Capitol attack and his attempt to overturn the 2020 election, as news reports indicate the justice department’s investigation is heating up. The department is conducting a criminal investigation into the events surrounding and preceding the January 6 insurrection, an effort that Garland – speaking to NBC’s Lester Holt on Tuesday – called “the most wide-ranging investigation in its history”. News reports on Tuesday suggested the inquiry is homing in on Trump’s role. The Washington Post reported – according to sources who spoke on condition of anonymity – that investigators have specifically questioned witnesses about Trump’s involvement in schemes to overturn the vote, and received the phone records of Trump officials and aides, including former chief of staff, Mark Meadows. The New York Times also reported that federal investigators had directly questioned witnesses about Trump’s efforts, signaling an escalation. Responding to criticism that it is not acting quickly enough, Garland told NBC that the department was “moving urgently to learn everything we can learn about this period, and to bring to justice everybody who is criminally responsible for interfering with the peaceful transfer of power … which is the fundamental element of our democracy”.

Full Article: Garland promises ‘justice without fear or favor’ as DoJ digs into Trump’s January 6 role | Merrick Garland | The Guardian

National: 2020 Election Deniers Seek Out Powerful Allies: County Sheriffs | Alexandra Berzon and Nick Corasaniti/The New York Times

An influential network of conservative activists fixated on the idea that former President Donald J. Trump won the 2020 election is working to recruit county sheriffs to investigate elections based on the false notion that voter fraud is widespread. The push, which two right-wing sheriffs’ groups have already endorsed, seeks to lend law enforcement credibility to the false claims and has alarmed voting rights advocates. They warn that it could cause chaos in future elections and further weaken trust in an American voting system already battered by attacks from Mr. Trump and his allies. One of the conservative sheriffs’ groups, Protect America Now, lists about 70 members, and the other, the Constitutional Sheriffs and Peace Officers Association, does not list its membership but says it conducted trainings on various issues for about 300 of the nation’s roughly 3,000 sheriffs in recent years. It is unclear how many sheriffs will ultimately wade into election matters. Many aligned with the groups are from small, rural counties. But at least three sheriffs involved in the effort — in Michigan, Kansas and Wisconsin — have already been carrying out their own investigations, clashing with election officials who warn that they are overstepping their authority and meddling in an area where they have little expertise.

Full Article: 2020 Election Deniers Seek Out Powerful Allies: County Sheriffs – The New York Times

National: Conspiracy-promoting sheriffs claim vast election authority | John Hanna and Christina A. Cassidy/Associated Press

The sheriff in Kansas’ most populous county says he took it for granted that local elections ran smoothly — until former President Donald Trump lost there in 2020. Now he’s assigned detectives to investigate what he claims is election fraud, even though there has been no evidence of any widespread fraud or manipulation of voting machines in 2020. Calvin Hayden in Johnson County, which covers suburban Kansas City, isn’t the only sheriff in the U.S. to try to carve out a bigger role for their office in investigating elections. Promoters of baseless conspiracy theories that the last presidential election was stolen from Trump are pushing a dubious theory that county sheriffs can access voting machines and intervene in how elections are run — and also have virtually unchecked power in their counties. Voting-rights advocates and election experts said any attempts by law enforcement to interfere in elections would be alarming and an extension of the threat posed by the continued circulation of Trump’s lies about the 2020 election. “What we have seen time and again is that those who support the ‘Big Lie’ find conduits to groups of people who they think can help perpetuate this conspiracy theory and erode confidence in elections and potentially cast doubt on them going forward,” said David Levine, a former election official who is now a fellow with the Alliance for Securing Democracy, a nonpartisan institute with staff in Washington and Brussels whose mission involves combatting efforts to undermine democratic institutions.

Full Article: Conspiracy-promoting sheriffs claim vast election authority | AP News

National: A Hidden New Threat to U.S. Elections | Blake Hounshell and Nick Corasaniti/The New York Times

It’s been more than nine weeks since the Pennsylvania primary. The election is still not certified. The reason: Three counties — Berks, Fayette and Lancaster — are refusing to process absentee ballots that were received in a timely manner and are otherwise valid, except the voter did not write a date on the declaration printed on the ballot’s return envelope. The Pennsylvania attorney general has argued in court amid a lawsuit against those three counties that the state will not certify results unless they “include every ballot lawfully cast in that election” (emphasis theirs). The standoff in Pennsylvania is the latest attempt by conservative-leaning counties to disrupt, delay or otherwise meddle with the process of statewide election certification, a normally ceremonial administrative procedure that became a target of Donald Trump’s attempts to subvert the 2020 contest. It’s happened in other states, too. Earlier this year, Otero County, a rural conservative area in southern New Mexico, refused to certify its primary election, citing conspiracy theories about voting machines, though no county commissioner produced evidence to legitimize their concerns. Eventually, under threat of legal action from the state’s attorney general and an order from the State Supreme Court, the commissioners relented and certified the county’s roughly 7,300 votes. Pro-democracy groups saw Otero County’s refusal to certify the results as a warning of potentially grave future crises, and expressed worries about how a state might be able to certify a presidential election under similar circumstances.

Full Article: A Hidden New Threat to U.S. Elections – The New York Times

Advocates for Arizona’s ‘fake electors’ plan had legal doubts, new report finds | Ronald J. Hansen/Arizona Republic

Some of those involved in submitting presidential electors for President Donald Trump in Arizona after he had lost the state in 2020 knew their plan was legally dubious and want to keep its low public profile as long as possible, according to a report published Tuesday. Citing previously undisclosed emails, the New York Times painted the picture of an effort in key swing states, including Arizona, the closest contest in the country, that was both desperate and probably wouldn’t pass legal scrutiny. Their plan was to submit papers to Congress suggesting Trump won the states, even though certified results showed then-President-elect Joe Biden had won them. Trump’s allies hoped the dual slates of electors would serve as a justification for slowing or reversing the Jan. 6, 2021, certification of Biden’s victory. After Vice President Mike Pence refused to consider the “fake electors,” a pro-Trump mob stormed the U.S. Capitol, halting the process for hours. Long before then, those pushing the long shot plan knew they stood on shaky ground, the Times reported. People familiar with the plan at the time have told The Arizona Republic that while the strategy was legally questionable, they didn’t view their activity as criminally wrong.

Source: Report shows Arizona electors knew of ‘fake election’ legal doubts

Arizona: Sharpie misinformation bleeds into primary | Ali Swenson/Associated Press

Election officials in Arizona’s largest county won’t soon forget #SharpieGate — the social media uproar that emerged after the 2020 election based on the false claim that Sharpie pens provided at the polls would ruin ballots before they were counted. Now, as Maricopa County gears up for Arizona’s primary election on Tuesday, it’s facing a repeat of the same false theories in response to an announcement by election officials that they were switching to Pentel brand felt-tip pens on Election Day. “DO NOT use the felt tip pen they will try to give you,” one Twitter user wrote Thursday. “#SharpieGate all over again in AZ. Bring your ball-point pens,” wrote another, in a tweet that called election officials “treasonists” and accused them of trying to “rig the primaries.” The county provides felt-tip pens to voters at the polls on Election Day because the pens have quick-drying ink that won’t smudge the ballots or produce wet splotches that jam up onsite tabulators. That can require the machines to be cleaned, causing long lines at the polls. Maricopa County Recorder Stephen Richer on Twitter urged those voting in Tuesday’s primary to “PLEASE PLEASE” use the provided pens to prevent machine problems and keep voting running smoothly.

Full Article: Pen misinformation bleeds into Arizona primary | AP News

Colorado: Group of Republican primary losers solicits funds to demand a recount | Zoe Schacht/Colorado Newsline

With time running out to request a recount of the Colorado primary election, Republican candidates who lost held a fundraising event in Colorado Springs Sunday evening. The event, “Colorado Recount Fundraiser,” included multiple losing candidates. During the event, speakers directed attendees and livestream viewers to visit the website of the Colorado Recount Coalition to donate to candidates. The website lists nine candidates, including Tina Peters and Ron Hanks, election conspiracy theorists who deny the results of the 2020 presidential election. Peters, the Mesa County clerk, was a candidate for secretary of state, and Hanks was a candidate for U.S. Senate. They previously submitted a request for a recount to the secretary of state’s office but failed to provide funds for the effort in time. “We know they cheated,” Peters said during the event. Claims that results of the primary election were compromised have not been substantiated. The Colorado Recount Coalition website says that candidates will be “demanding” a hand recount of the June 28 primary. But a hand recount is not possible, according to Annie Orloff, spokesperson for Secretary of State Jena Griswold. A recount can still be requested through Tuesday, but it must be conducted in the same manner as the original election, which was tallied through tabulation machines, Orloff said.

Full Article: Group of Colorado Republican primary losers solicits funds to demand a recount – Colorado Newsline

Georgia Prosecutor Has Donald Trump in Her Sights, and She’s Not Stopping | Norman Eisen and Amy Lee Copeland/The New York Times

Now that the House Jan. 6 committee’s initial hearings have concluded, this is a useful time to evaluate their actual impact. For that, we should look not to Washington but well south of the Capitol, to Atlanta. That’s because the hearings have turbocharged the investigation by the Fulton County district attorney, Fani Willis, into possible election interference and offenses by Donald Trump and his allies. Any charges in that investigation may define a big part of the committee’s legacy, even as it looks to extend its work into the fall. Normally, the primary question after congressional revelations like those we have heard would be whether there would be federal charges, as in Watergate. Here, the Justice Department may be contemplating possible actions, but Ms. Willis is further along. Her flurry of target letters to Georgians who formed an alternate slate of 2020 presidential electors strongly suggests she is considering charges. Ms. Willis has operated with calculated urgency since she opened her investigation in February 2021. She has moved from building a prosecution team and conducting voluntary interviews to convening a special grand jury to issuing those target letters (at least 16 of them) to the Republican electors who, despite Mr. Trump’s election loss in the state, covertly met to cast votes for him and submit an alternate electoral slate on Dec. 14.

Full Article: Opinion | This Georgia Prosecutor Has Donald Trump in Her Sights, and She’s Not Stopping – The New York Times

New Georgia election law allows any resident to challenge another voter’s eligibility | Mark Niesse/The Atlanta Journal-Constitution

Bearing long lists of voters’ names, a determined group of Republicans is asking local election boards to cancel thousands of Georgia voter registrations, using a new power bestowed by the state’s voting law. These amateur operatives are trying to purge the registrations of people who they suspect have moved away based on voter lists, address records or property tax documents. They’re relying on Georgia’s law passed last year in the wake of Donald Trump’s defeat in the 2020 election that allows any voter to challenge the eligibility of an unlimited number of their neighbors, an effort that’s taking place outside the routine government-run process of removing people who have moved or died. It’s voter against voter, with conservatives taking matters into their own hands to police Georgia’s voter list. No fraud has been proved among registrants who moved from Georgia or used P.O. boxes as their addresses. These aggressive efforts to cancel voters jeopardized eligible voters such as Tracy Taylor, who is homeless and registered to vote at the address of a post office near historically Black colleges on Atlanta’s Westside. “If I had a residential address, I would be using it,” Taylor told the Fulton County elections board this month. “I’m trying to get back to a normal life.”

Full Article: New Georgia election law allows any resident to challenge another voter’s eligibility