Warren Stewart – Page 105 – The Voting News

An end to ballot bar codes? Georgia election officials consider design changes | Mark Niesse/The Atlanta Journal-Constitution

July 1, 2022

When Georgia began using computer-printed paper ballots in 2020, they raised a new issue: Votes are scanned from bar codes that are unreadable by the human eye. The inability to verify that the text of a ballot matches the contents of the bar code raised concerns from election integrity advocates, who said voters can’t be sure that their ballots were counted as they intended. They’ve warned that bar codes could be manipulated by hackers, though there’s no evidence that has ever happened. Now, state election officials are weighing whether to replace bar codes with ballots that display candidate names with ovals next to them. A U.S. cybersecurity agency, in a report that found vulnerabilities in Georgia’s voting equipment, recently said local governments can choose to eliminate bar codes. While no decision has been made to change the ballot design seen by every in-person voter in Georgia, the secretary of state’s office has been discussing the idea for over a year, Chief Operating Officer Gabriel Sterling said. Election officials are considering security, costs and challenges of printing a longer ballot. Georgia began using printed-out paper ballots in 2020, ending 18 years of electronic voting by purchasing $138 million worth of voting equipment manufactured by Dominion Voting Systems. Paper ballots provide a way to hand count and audit results. The voting system relies on a combination of touchscreens and printers, which produce a sheet of paper that includes a bar code — called a QR code — along with a human-readable list of the voter’s choices. Then, voters insert their ballots into optical scanning machines that read the bar code, which counts as the official vote.

Full Article: An end to ballot bar codes? Georgia election officials consider design changes

National: Worries Grow About Election Safety and Security | Carl Smith/Governing

July 1, 2022

Controversy over election outcomes is not new. Overall voter confidence that votes were properly counted was lower after presidential elections in 2012 and 2016 than it was in 2020. What is new is the level of overt hostility toward the people who administer elections, manifested in an ongoing pattern of threats to their personal safety. Recent congressional hearings have included emotional accounts from election officials at all levels, from threats to the family members of a senior official to the crippling fallout when an election worker was falsely accused of fraud, by name, by the former president and his attorney. Spurred on by misinformation, including continued assertions from campaigning politicians that a national election was somehow “stolen,” members of the public have not backed off from such harassment. A Brennan Center poll of election officials, conducted more than two years after the 2020 election, found that one in six had experienced threats. Almost 80 percent said that threats had increased in recent years, and 30 percent knew election workers who left their jobs because they felt unsafe. More than three-fourths felt the federal government should be doing more to support them, and one in three said the same about their local government. Members of the election and law enforcement communities have joined together to help fill this void, forming the nonpartisan Committee for Safe and Secure Elections (CSSE).

Full Article: Worries Grow About Election Safety and Security

National: How the Supreme Court could radically reshape elections for president and Congress | Hansi Lo Wang/NPR

July 1, 2022

The U.S. Supreme Court announced Thursday that it has agreed to hear a case next term that could upend election laws across the country with the potential endorsement of a fringe legal theory about how much power state legislatures have over the running of congressional and presidential elections. The case, called Moore v. Harper, is centered on newly drawn maps of voting districts for North Carolina’s 14 seats in the next U.S. House of Representatives. Republican state lawmakers want to resurrect a map that North Carolina’s state courts struck down, finding that the map approved by the GOP-controlled legislature violated multiple provisions in the state’s constitution by giving Republican candidates an unfair advantage through partisan gerrymandering. A court-drawn map has been put in place instead for this year’s midterm elections. In their appeal to the U.S. Supreme Court, however, the Republican lawmakers argue that the U.S. Constitution’s Elections Clause gives state legislatures the power to determine how congressional elections are conducted without any checks and balances from state constitutions or state courts.

Full Article: U.S. Supreme Court takes on the independent state legislature theory : NPR

National: Cyber Command urges private sector to share intelligence, aid defensive digital operations | Suzanne Smalley/CyberScoop

July 1, 2022

U.S. Cyber Command wants more tech companies and others on the front lines of the global fight to secure the internet to share more cybersecurity intelligence so that the organization can improve its defensive capabilities, Cyber Command Executive Director Dave Frederick said in an interview Monday. Frederick said Cyber Command regularly shares information it gleans during so-called “hunt forward” operations, defensive cyber missions carried out alongside partners, but needs more private companies to fully report cyber incidents so that Cyber Command can learn from them. Frederick, who was speaking during an industry webinar organized by Billington CyberSecurity, said the 27 hunt forward operations Cyber Command has conducted in the past two years have empowered partner countries to “immediately strengthen the defenses of their networks” and have given Cyber Command “unique insights into adversary malware which we then bring home.” Those insights inform not only Department of Defense cyber defense strategy, but also are shared with the private sector, he said. “We’re able to share the indicators of compromise, new samples of malware that we discover from hunt forward, with the broader cybersecurity community, and they’re able to then build signatures to detect that malware and basically disrupt adversary operations targeting the U.S. civil sector,” Frederick said. “It’s almost like giving an antidote to a virus, so it’s really turned out to be a great model.”

Full Article: Cyber Command urges private sector to share intelligence, aid defensive digital operations

National: Violent Threats to Election Workers Are Common. Prosecutions are Not. | Michael Wines and Eliza Fawcett/The New York Times

July 1, 2022

“Do you feel safe? You shouldn’t.” In August, 42-year-old Travis Ford of Lincoln, Neb., posted those words on the personal Instagram page of Jena Griswold, the secretary of state and chief election official of Colorado. In a post 10 days later, Mr. Ford told Ms. Griswold that her security detail was unable to protect her, then added: “This world is unpredictable these days … anything can happen to anyone.” Mr. Ford paid dearly for those words. Last week, in U.S. District Court in Lincoln, he pleaded guilty to making a threat with a telecommunications device, a felony that can carry up to two years in prison and a fine of up to $250,000. He did not immediately respond to a request for comment. But a year after Attorney General Merrick B. Garland established the federal Election Threats Task Force, almost no one else has faced punishment. Two other cases are being prosecuted, but Mr. Ford’s guilty plea is the only case the task force has successfully concluded out of more than 1,000 it has evaluated. Public reports of prosecutions by state and local officials are equally sparse, despite an explosion of intimidating and even violent threats against election workers, largely since former President Donald J. Trump began spreading the lie that fraud cost him the 2020 presidential election. Colorado alone has forwarded at least 500 threats against election workers to the task force, Ms. Griswold said.

Full Article: Election Workers Don’t Feel Safe Despite Federal Effort to Combat Threats – The New York Times

National: The People v. Donald Trump – The evidence for a possible criminal case against the former president is piling up | David French/The Atlantic

July 1, 2022

From the moment the attack on the Capitol began, on January 6, 2021, Donald Trump’s moral culpability was clear. That mob would never have assembled on the National Mall but for Trump’s decision to relentlessly lie about the results of the 2020 election. His legal culpability, however, was more ambiguous. We did not possess any evidence that he directly coordinated with the rioters prior to the invasion of the Capitol, and although his speech to the mob on January 6 itself admonished his followers to “fight like hell” and warned them that “you will never take back our country with weakness,” it also contained an explicit statement that they should march to the Capitol to “peacefully and patriotically” make their voices heard. Also hovering over the legal analysis was a prudential calculation. Former presidents shouldn’t be prosecuted under novel legal theories. If the government is going to prosecute, it should bring a case that’s easy to justify under existing precedent. Otherwise, the prosecution itself could be dangerous, further fracturing and destabilizing an already fragile American political culture. Those considerations are precisely why Trump’s conduct in the case of Georgia had seemed more obviously to involve potential criminal liability than his actions on January 6. In Georgia’s case, Trump was recorded telling Secretary of State Brad Raffensperger, “I just want to find 11,780 votes,” and then explicitly threatening Raffensperger with criminal sanctions if he didn’t accede to the president’s demand.

Full Article: The People v. Donald Trump – The Atlantic

Editorial: It’s Hard to Overstate the Danger of the Voting Case the Supreme Court Just Agreed to Hear | Richard L. Hasen/Slate

July 1, 2022

Alaska rejected more than 7,500 ballots in the US House special primary. Here’s why. | Wesley Early/Alaska Public Media

July 1, 2022

More than 7,500 ballots were rejected in the special primary election to fill the remainder of the late Congressman Don Young’s term, according to the final vote tally. That’s a statewide rejection rate of 4.55%, double the rejection rate from the 2020 primary. The final ballot rejection rate in rural Alaska communities was even higher, with about 1 in 8 ballots not being counted. The primary was Alaska’s first statewide by-mail election. According to a report from the Division of Elections, the biggest reason for rejections was a lack of a witness signature, accounting for more than a third of rejected ballots. Roughly 25% of ballots were rejected because they were postmarked or handed in after the deadline, while a fifth weren’t counted because the ballot didn’t have a numerical identifier, like a driver’s license number or the last four digits of a voter’s social security number. State Division of Elections spokeswoman Tiffany Montemayor says while officials are concerned any time they have to reject a ballot, they’re bound by state law. “If there is not a voter signature, a voter identifier, a witness signature and a postmark on or before Election Day the ballot cannot count,” Montemayor said. “These provisions have been in place for decades.” Generally, rural Alaska — communities off the road system with populations that tend to be majority Alaska Native — had the highest rejection rates at around 13.74%. More than half of those rejections were because of a lack of witness signature.

Full Article: Alaska rejected more than 7,500 ballots in the US House special primary. Here’s why. – Alaska Public Media

Arizona: GOP poll watcher training casts unfounded suspicion on Arizona elections | Jen Fifield/AZ Mirror

July 1, 2022

The Republican National Committee is telling potential Arizona polling place observers that there are “festering problems” in how elections are run, such as security issues with vote-counting machines and problems with voter rolls, as it trains them for the state’s upcoming primary election. The RNC training delivers the message that the “2020 election had serious problems,” worrying experienced former election officials and lawyers who have trained observers in the past and who say the point of training should be simply to encourage observers to watch for violations of law at the polls without disturbing the peace. Republican Maricopa County Supervisor Bill Gates, who as an attorney led Republican observer training in the 2000s, said the messaging concerns him because his focus was always on providing a straightforward picture of what was legal and what was not at the polls. “It’s not about kind of ginning people up, which is what that sounds like,” Gates said. “That’s the narrative, though.” Votebeat watched an RNC Zoom training at the invitation of an attendee, and separately received information about an in-person training from an attendee, after an RNC spokesperson said that reporters were not allowed to attend.

Full Article: GOP poll watcher training casts unfounded suspicion on Arizona elections

Colorado: Pueblo County voting machine allegedly tampered with, election officials say | Anna Lynn Winfrey/Pueblo Chieftain

July 1, 2022

A Pueblo voter is accused of tampering with an in-person ballot machine during the Pueblo County primary election Tuesday, according to a spokesperson with the Colorado Secretary of State’s Office. The incident did not affect any votes cast in the election, the spokesperson said. It took place at the Pueblo County Elections Department on 720 N. Main St., and the Secretary of State was alerted Tuesday evening. Signs of tampering were discovered when one of the department’s election judges — who are tasked with cleaning voting machines between each use — went to clean the machine and saw an error message, the spokesperson said. Election workers removed the machine from use. The voting machines are not connected to each other. … Voting on ballot machines is rare in Colorado because ballots are mailed to all eligible voters. In this year’s primary election, approximately 1.3% of Colorado voters cast their ballots in-person.

Full Article: Pueblo voting machine allegedly tampered with, election officials say

Georgia: Subpoenas seek info on attempt to copy election data in Coffee County | Mark Niesse/The Atlanta Journal-Constitution

July 1, 2022

Subpoenas sent this month are seeking evidence of whether election conspiracy theorists gained unauthorized access to Georgia voting equipment and copied sensitive files in Coffee County after the 2020 election. The subpoenas demand documents including ballot images, election data, computer software and the identities of who funded the endeavor. The subpoenas, obtained by The Atlanta Journal-Constitution, were issued by plaintiffs in an ongoing election security lawsuit against Georgia. In addition, the secretary of state’s office recently opened a separate investigation into allegations of a breach in Coffee County, located about 200 miles south of Atlanta. The Georgia allegation is the latest example of attempts to gain access to voting computers after Republican Donald Trump lost the 2020 election, similar to incidents in Colorado, Michigan and Pennsylvania. Trump supporters claimed there was fraud and blamed elections equipment manufactured by Dominion Voting Systems. Recounts, court cases and investigations have repeatedly upheld the election, which Democrat Joe Biden won by less than 12,000 votes in Georgia. Dominion has sued over the unfounded allegations. A year and a half after the presidential election, it remains unclear whether Coffee County election computers were compromised by individuals pursuing evidence of fraud. Flight records provided by FlightAware.com show a plane from Atlanta visited the county on Jan. 7, 2021 — the day after the Capitol riot in Washington.

Full Article: Subpoenas seek info on attempt to copy election data in Coffee County

Louisiana elections officials get first hands-on experience with potential new voting machines | Mark Ballard/The Advocate

July 1, 2022

Elections officials Monday got their first hands-on experience with different types of devices voters will soon be using to cast ballots in the future instead of the 10,000 or so antiquated and hard to repair voting machines now used in Louisiana. Nine different vendors briefed Voting Commission members, clerks or court and registrars of voters. Some allowed them to hand mark ballots. Others had touch-screen computers that printed out the results on special paper. Both systems fed the paper ballots into scanners that counted the votes and kept the paper ballots in a secured vault. Both systems left a paper trail to allow elections commissioners in each parish to hand count ballots cast at the precincts on election day, if requested by the candidate or by a court, something can’t be done now, said Steve Raborn, the Registrar of Voters in East Baton Rouge Parish. The demonstrations will be open to the public Tuesday at the Capitol Park Museum in Baton Rouge. On Wednesday the Voting System Commission will vote on what attributes they want to see on the machines.

Full Article: Louisiana elections officials get first hands-on experience with potential new voting machines | Legislature | theadvocate.com

Michigan: Sheriff’s investigators used ‘scare tactics’ to grill county clerks on 2020 election | Craig Mauger/The Detroit News

July 1, 2022

A deputy and a private investigator working with Barry County Sheriff Dar Leaf made unannounced visits last year to local election officials’ offices to question them about the 2020 presidential vote. Multiple clerks in Barry County said Leaf’s department used what they viewed as “scare tactics” as it examined and advanced unproven claims of fraud in the last presidential election. State authorities, including the Michigan State Police, are currently investigating whether those working with Leaf, a Republican, gained improper access to vote-counting machines that could have violated the law and compromised voting equipment in the battleground state. Some election clerks in Barry County said they believe their conversations with Leaf’s investigators — one of whom identified himself as a forensic auditor — were secretly recorded and said they were told not to inform other clerks about the probe, according to a series of interviews with officials in the county and emails obtained by The Detroit News through an open records request. “I asked if they were investigating all of the township & city clerks & was told yes, and I am to be questioned last,” Barry County Clerk Pam Palmer emailed a lawyer in June 2021. “They have purposely asked the clerks to not say anything to each other or myself because they want the element of surprise.”

Full Article: Sheriff Dar Leaf’s investigators used ‘element of surprise’ to grill Michigan clerks on 2020 election

Missouri enacts new voter rules, including a photo ID requirement, and nixes presidential primaries for caucuses | Neil Vigdor/The New York Times

July 1, 2022

Missouri overhauled its election rules on Wednesday, enacting a voter identification law similar to one the state’s highest court blocked two years ago and doing away with its presidential primary in favor of a caucus system. The new law, which Gov. Michael L. Parson signed at the State Capitol in Jefferson City, requires voters to present a photo ID when casting a regular or absentee ballot. Those without such documentation will be required to fill out a provisional ballot that would be segregated until they provide photo identification or their signature is matched to the one kept on file by election officials. The voter identification rule was the latest instituted in a Republican-controlled state, and reflected the party’s continued mistrust of common voting practices, including the use of voting machines. It requires the use of hand-marked paper ballots statewide starting in 2023, with limited exceptions for certain touch-screen systems until the end of next year. Among the other changes is a prohibition against the use of drop boxes for absentee ballots — a practice that many Republicans criticized during the 2020 presidential election — and replacing Missouri’s presidential primary, held in recent years in March, with a series of caucuses.

Full Article: Missouri Enacts Strict New Voter Rules and Will Switch to Caucuses – The New York Times

New Mexico Secretary of State says she was threatened | Morgan Lee/Associated Press

July 1, 2022

New Mexico’s top elections regulator says she received threats to her safety via an email and telephone calls to her offices and that the FBI has been notified. Secretary of State Maggie Toulouse Oliver on Tuesday told The Associated Press that there have been three instances of threats against her within the last two weeks and that federal investigators have been alerted. Two threats were made indirectly in phone calls to the office of the secretary of state. The FBI in Albuquerque did not immediately respond to requests for comment. Toulouse Oliver previously went into hiding in response to online threats by leaving her home for several weeks in December 2020 and January 2021. Investigators linked those threats on a website against multiple election officials to Iran. “I went a nice, long period with anything” threatening, Toulouse Oliver said. “My election security officer has referred them over to the FBI. They’re looking into it obviously.” Toulouse Oliver said the threatening email touched upon social media and video commentary by a conservative filmmaker in defense of his widely debunked documentary “2000 Mules” that alleges widespread voter fraud in the 2020 election.

Full Article: Top New Mexico elections regulator says she was threatened | AP News

Nevada: Gilbert says video proves fraud; election official says it proves security | essica Hill/Las Vegas Sun

July 1, 2022

A video that Reno attorney Joey Gilbert says proves fraud in last month’s primary election actually shows a Washoe County election official doing his job, a county official says. Gilbert is refusing to concede his loss in a 12-way primary election for the Republican nomination for governor, despite coming up about 26,000 votes short of the declared winner, Clark County Sheriff Joe Lombardo. On Tuesday, Gilbert shared a two-minute, 27-second video on his Facebook page of a portion of a livestream of the Washoe County ballot room. The video shows a man walking down an aisle and stopping at different machines. Gilbert’s accompanying comments included “talk about guilty as sin” and “CORRUPT as hell.” He suggested the man was entering and uploading something into the computers. Bethany Drysdale, media and communications manager for Washoe County, said the man in the video is the county’s department systems specialist, who was closing down an imprinter at the end of the work day, as required by Nevada state law. The specialist was also verifying that office laptops were shut down for the day and that the spreadsheets on them were complete. The laptops have Excel spreadsheets that track the groups of mail-in ballots and what bins they are in, so that when a risk-limiting audit is performed, the election officials know what bin a certain group of ballots is in, Drysdale said. There is no tallying of votes on those computers, she added.

Full Article: Gilbert says video proves fraud; Nevada official says it proves security – Las Vegas Sun Newspaper

Pennsylvania: Fight over 2020 election records lands in court | Mark Scolforo/Associated Press

July 1, 2022

A county judge in Williamsport has to decide whether to force officials to provide voter-by-voter electronic election records after the state Office of Open Records ruled Pennsylvania law makes them confidential. Heather Honey, who heads the Lebanon, Pennsylvania-based firm Haystack Investigations, sought in October a digital copy of Lycoming County’s “cast vote record” for the 2020 General Election in which Democratic challenger Joe Biden unseated Republican President Donald Trump. Lycoming told Honey no, saying Honey was essentially asking for the contents of ballot boxes and voting machines, information that the state Election Code declares off-limits for public inspection. In a January decision, Office of Open Records appeals officer Erin Burlew agreed with the county elections director that the cast vote record “is the digital equivalent of the contents of ballot boxes.” Honey challenged that decision in county court in February, likening the cast vote record to a spreadsheet and describing it as “merely a digital report tallying the results of ballots scanned into a tabulator. The CVR is a report that is prepared after an election from a desktop computer that is not and never was the contents of a ballot box.”

Full Article: Fight over 2020 election records lands in Pennsylvania court | AP News

Virginia lawmakers punt on bills aimed at limiting partisan election oversight | Graham Moomaw/Virginia Mercury

July 1, 2022

Despite getting several extra months to negotiate, Virginia lawmakers went home for the summer without a deal on proposals to limit partisan influence in the state’s election bureaucracy. Legislation that would have removed the governor’s power to appoint the state elections commissioner and given the two major parties equal representation on the State Board of Elections effectively died for lack of a final vote. The General Assemly didn’t take up two pending bills on the topic when lawmakers met in Richmond this month to finish work on the state budget, which was supposed to be done in March. All the bills left unfinished are technically still alive because the General Assembly adjourned its special session to Sept. 7, a move explained as a way to take action later on an unfilled seat on the State Corporation Commission. But anything not approved at this point is effectively dead, said Garren Shipley, a spokesman for House of Delegates Speaker Todd Gilbert, R-Shenandoah. “The remaining conference reports, while they are still technically viable until the session adjourns sine die, are unlikely to move forward,” Shipley said. It’s unclear exactly what caused the talks to fail, but the state elections board flipped to Republican control during the negotiations due to the resignation of a Democratic member who had been appointed to a judgeship. While the bills were pending, Gov. Glenn Youngkin swapped out the state’s former elections commissioner, Chris Piper, for his own appointee, Susan Beals, a former Republican member of the Chesterfield County Electoral Board.

Full Article: Virginia lawmakers punt on bills aimed at limiting partisan election oversight – Virginia Mercury

Wisconsin: A year in, legal fight over Gableman election investigation keeps growing | Shawn Johnson/Wisconsin Public Radio

July 1, 2022

More than a year after Wisconsin Republicans tapped former Supreme Court Justice Michael Gableman to lead a wide-ranging election investigation, the number of court cases connected to the probe continues to grow with no end in sight. This week, the liberal watchdog group American Oversight filed its fourth lawsuit connected to the investigation, this one against Gableman’s Office of Special Counsel after he admitted to deleting some documents connected to the probe. Lawyers for Gableman have also filed an appeal of a judge’s ruling that found him in contempt of court in another case where American Oversight is seeking open records. “The investigation has become a morass of competing lawsuits back and forth between different parties in the state and outside the state,” said Barry Burden, a political science professor and director of the Elections Research Center at the University of Wisconsin-Madison. “And those legal debates have sort of overtaken the substance of the investigation itself.”

Full Article: A year in, legal fight over Gableman election investigation keeps growing | Wisconsin Public Radio

Mother-daughter election workers targeted by Trump say there’s ‘nowhere’ they feel safe | Adam Edelman/NBC

June 24, 2022

In harrowing, emotional and painful detail, a mother-daughter duo of Georgia election workers described during Tuesday’s Jan. 6 committee hearing how a mob of Donald Trump supporters came after them, online and in person, after having gobbled up a debunked conspiracy theory about their actions on Election Day 2020. As a result, their lives will never be the same, the two women, Ruby Freeman and her daughter, Wandrea “Shaye” Moss, said during Tuesday’s hearing. “There is nowhere I feel safe. Nowhere,” Freeman, who along with her daughter was aggressively targeted by conspiracy theorists in the weeks after the 2020 election, said during taped testimony. Parts of her never-before-seen interview were played toward the end of Tuesday’s hearing, as she sat behind her daughter in the committee room. “Do you know how it feels to have the president of the United States to target you? The president of the United States is supposed to represent every American. Not to target one,” Freeman said. “He targeted me. A proud American citizen who stood up to help Fulton County run an election in the middle of a pandemic.”

Full Article: Election workers targeted by Trump, Ruby Freeman and Shaye Moss, say there’s ‘nowhere’ they feel safe

Trump’s false election claims made it tougher to talk about election security | Joseph Marks/The Washington Post

June 24, 2022

Election security efforts kicked into high gear after the 2016 election — fueled by Russian interference in that year’s presidential contest. Then 2020 happened. The baseless claims of hacking and fraud that former president Donald Trump and his allies spread after his 2020 loss have polluted conversations about election security ever since, making it far harder to talk about legitimate dangers to the voting process. Trump allies have routinely misrepresented legitimate security concerns to serve their own ends. They’ve also co-opted the language of election security to promote wild conspiracy theories and degrade public faith in the democratic process. They’ve claimed to have found digital vulnerabilities and back doors in voting machines that make no sense to experts who’ve studied those machines. They’ve conducted vote audits that violate all audit protocols and render election machines too insecure to be used again. The result: Talking about genuine election security concerns has become a tortuous process as experts try — usually in vain — to ensure nothing they say will be mischaracterized.

Full Article: Trump’s false election claims made it tougher to talk about election security – The Washington Post

National: Did Trump believe his big lie? It’s irrelevant to proving his guilt. | Ryan Goodman, Norman Eisen and Barbara McQuade/The Washington Post

June 24, 2022

ormer prosecutors and other experts essentially agree that proving criminal intent poses one of the biggest legal challenges to indicting former president Donald Trump for his role in the attacks on the 2020 election. Mens rea, Latin for guilty mind, is required to convict. This generally means that the offender must have acted purposely, knowingly, recklessly or negligently in committing the criminal act. It’s tempting, in assessing Trump’s state of mind, to focus on whether he genuinely believed his assertion that the presidential election was “stolen” — that he had beaten Joe Biden and that therefore his subsequent efforts were merely means well within his power aimed at setting things right. If you can prove that he did actually know he lost the election — that it was not “stolen” from him — you go a long way toward clearing that criminal-intent hurdle. Certainly, the House select committee investigating the attack on the Capitol on Jan. 6 is amassing evidence that Trump knew he had lost. Numerous Trump aides and lawyers have attested to this before the committee. But so what. For a number of the possible crimes the committee has identified, it doesn’t matter what Trump believed about the election. Focusing on that aspect misses the true test of criminal intent. He still had no legal right to use forged electoral certificates or to pressure election officials in Georgia to “find 11,780 votes” that did not exist, or to engage in other extralegal means to try to hold onto power. That includes pressuring the vice president to assume powers he didn’t have. State and federal criminal laws prohibit these things. Vigilante justice is against the law, even if you (wrongly) believe you are a victim.

Full Article: Did Trump believe his big lie? It’s irrelevant to proving his guilt. – The Washington Post

Ignoring the Jan. 6 hearings? Michael Luttig explains why you shouldn’t. | Dan Balz/The Washington Post

June 24, 2022

J. Michael Luttig spoke softly and sometimes haltingly when he testified Thursday before the House select committee investigating the Jan. 6, 2021, attack on the Capitol. His understated presentation belied the five-alarm fire that was his written statement — a loud and clear warning to a country whose democracy, he said, is on “a knife’s edge.” Luttig was there because he had advised Vice President Mike Pence that Pence could not legally do what President Donald Trump wanted him to do, which was to interject himself in the process of ratifying the electoral count on Jan. 6 and prepare the ground to have the election overturned. But the former federal appellate court judge far more than demolished the legal arguments Trump had bought into. His prepared statement was a clear-and-present-danger document, describing the fraught state of American democracy, the war that rages internally, and the role Trump and his followers have played to bring us to this moment. Jan. 6, Luttig said, was a war within a broader war over the future of the country, “a war irresponsibly instigated by the former president and his political allies, and his supporters.” The war rages today, he added, and “as a political matter of fact, only the party that instigated this war over our democracy can bring an end to this war.”

Full Article: Ignoring the Jan. 6 hearings? Michael Luttig explains why you shouldn’t. – The Washington Post

National: Election, law enforcement officials launch group to combat threats against voting process | Benjamin Freed/StateScoop

June 24, 2022

A group of 32 current and former election and law-enforcement officials on Thursday announced the formation of a group aimed at tamping down threats against poll workers and voters. The new Committee for Safe and Secure Elections says it will attempt to connect local election administrators with their counterparts in police and sheriff’s departments in hopes of preventing more threats, harassment and acts of violence that’ve hounded the voting process in recent years. The group, which is led by Neal Kelley, a former registrar of voters in Orange County, California, describes itself as a “cross-partisan” effort, and counts among its members officials from many other states, including Arizona, Colorado, Florida, Nevada, New Mexico, North Carolina and Wisconsin. The committee also includes several current and former federal officials involved in securing elections, including Kim Wyman, a former Washington secretary of state who now leads election-security operations at the Cybersecurity and Infrastructure Security Agency.

Full Article: Election, law enforcement officials launch group to combat threats against voting process

National: Trump campaign documents show fake electors were concerted, planned effort | Rosalind S. Helderman/The Washington Post

June 24, 2022

The convening of the electoral college on Dec. 14, 2020, was supposed to mark the end of the wild, extended presidential election that year. But when the day arrived, a strange thing happened. In seven swing states won by Joe Biden, when the Democrat’s electors assembled to formally elect him president, Trump supporters showed up, too, ready to declare that their man had actually won. “The electors are already here — they’ve been checked in,” a state police officer told the group in Michigan, according to a video of the encounter, as he barred the Republicans from the Capitol in a state Biden won by more than 154,000 votes. In Nevada, a state Biden had won by about 33,600 votes, a photo distributed by the state Republican Party showed Trump supporters squeezing around an undersize picnic table dressed up with a bit of bunting, preparing to sign formal certificates declaring that they were “the duly elected and qualified” electors of their state. At the time, the gatherings seemed a slapdash, desperate attempt to mimic President Donald Trump’s refusal to concede. But internal campaign emails and memos reveal that the convening of the fake electors was apparently a much more concerted strategy, intended to give Vice President Mike Pence a reason to declare that the outcome of the election was somehow in doubt on Jan. 6, 2021, when he was to preside over the congressional counting of the electoral college votes.

Full Article: Trump campaign documents show fake electors were concerted, planned effort – The Washington Post

National: Election officials worry about their safety ahead of midterms | Sean Lyngaas/CNN

June 24, 2022

When US intelligence and national security officials gathered at a classified facility in April to speak with election officials around the country, there was no burning new intelligence to share about cyber threats to American democracy. The briefing covered Russia’s war on Ukraine and foreign and domestic sources of disinformation about US elections, according to three people familiar with the briefing. But there was a striking change from pre-2020 briefings: It touched on violent threats to election officials that stem from conspiracy theories about the voting process. Physical security concerns have “really ramped up since 2020 because of threats that we’ve seen to state and local officials across the country,” said Kim Wyman, the top election security official at the federal US Cybersecurity and Infrastructure Security Agency, which has encouraged election workers to report threats to law enforcement and is hiring more staff to advise election officials on physical threats. Many of the thousands of local election officials in the US are living with a new reality as the midterm elections approach: They have spent countless hours rebutting false claims from former President Donald Trump and his supporters that the 2020 election was stolen while wondering about their personal safety and trying to prepare for future elections on a limited budget.

Full Article: Election officials worry about their safety ahead of midterms – CNNPolitics

National: US is worried about Russia using new efforts to exploit divisions in 2022 midterms | Edward-Isaac Dovere/CNNPolitics

June 24, 2022

Homeland and national security officials are worried about how Russia could significantly exploit US divisions over the November midterms, considering scenarios like Russia staging smaller hacks of local election authorities — done with the deliberate purpose of being noticed — and then using that to seed more conspiracies about the integrity of American elections. These efforts, the officials said, would be designed to dovetail with the false doubts about the 2020 presidential election spread by former President Donald Trump and many of his allies. The five current and former US officials who spoke to CNN stressed that such a scenario remains hypothetical. Although US elections have become more secure in recent years, officials say that an atmosphere of distrust in America’s elections, coupled with the sheer number of local election systems, means there’s no way to truly be ready for such a convergence of Russian asymmetric warfare techniques. Administration officials agree with local election officials that the problem goes beyond inevitable security shortfalls. Current and former officials say little has been done to inform, let alone convince, American voters that Russia is trying to attack US elections again.

Full Article: US is worried about Russia using new efforts to exploit divisions in 2022 midterms – CNNPolitics

National: Amid Jan. 6 Revelations, Election Lies Still Dominate the G.O.P. | Jonathan Weisman/The New York Times

June 24, 2022

It was all a lie, the tales of stuffed ballot drop boxes, rigged voting machines, and constitutional “flexibility” that would have allowed Vice President Mike Pence to nullify the 2020 election results and send them back to Republican state legislatures. The first three hearings of the House Jan. 6 committee have deeply undercut, if not demolished, the postelection myths repeated incessantly by former President Donald J. Trump and his supporters and embraced and amplified by Republicans in Congress. A parade of Republican witnesses — his attorney general, William P. Barr, his daughter Ivanka Trump, and his own campaign lawyers — knew he had lost the election and told him so. Mr. Trump was informed that the demands he was making of Mr. Pence to block his defeat unilaterally were illegal. Even the most active coup plotter, the conservative lawyer John C. Eastman, conceded before Jan. 6 that his scheme was illegal and unconstitutional, then sought a presidential pardon after it led to mob violence. Yet the most striking revelation so far may be how deeply Mr. Trump’s disregard for the truth and the rule of law have penetrated into the Republican Party, taking root in the fertile soil of a right-wing electorate stewing in conspiracy theories and well tended by their media of choice. The Republican response to the hearings — a combination of indifference, diversion and doubling down — reflects how central the lie of a stolen election has become to the party’s identity.

Full Article: Amid Jan. 6 Revelations, Election Lies Still Dominate the G.O.P. – The New York Times

Arizona lawmaker Rusty Bowers details the pressure put on him by Trump and Giuliani | Ximena Bustillo/ NPR

June 24, 2022

Arizona House Speaker Rusty Bowers, a Republican, told the committee during today’s hearing about the pressure put on him by former President Donald Trump and his allies, including Trump lawyer Rudy Giuliani. Bowers testified that Giuliani told him of allegations of voter fraud committed by undocumented immigrants or dead people who were listed as having voted. Bowers said he and other GOP legislators pushed for explanations into the theories and for Giuliani to provide sufficient evidence to justify recalling the state’s presidential electors. “In my recollection,” Bowers said of Giuliani, “he said, We have lots of theories we just don’t have the evidence.'” Bowers said Giuliani pressured him to call the Arizona legislature back into session — a unilateral move Bowers said he cannot do — to recall the electors that would be going to President Biden after Biden beat Trump in the state. “It is a tenet of my faith that the Constitution is divinely inspired,” he said, growing visibly emotional. “I would not do it.” The former president asked him to hold a hearing to investigate allegations of fraud in Arizona, he said, but added he didn’t think the evidence “merited a hearing.”

Full Article: Lawmaker Rusty Bowers details the pressure put on him by Trump and Giuliani : NPR

Colorado guilty plea a first for US election task force | Associated Press

June 24, 2022

A Nebraska man has pleaded guilty to making death threats against Colorado’s top elections official in a what officials say is the first such plea obtained by a federal task force devoted to protecting elections workers across the U.S. who have been subject to increasing threats since the 2020 presidential election. Travis Ford, 42, pleaded guilty in Denver federal court to sending threats to Secretary of State Jena Griswold on social media. Griswold is a national advocate for elections security who has received thousands of threats over her insistence that the 2020 election was secure and that former President Donald Trump’s claims that it was stolen from him are false. Thursday’s plea was announced by the U.S. Attorney’s Office in Colorado and was first reported by The Denver Gazette. Ford, a resident of Lincoln, Nebraska, faces up to two years in prison when he is sentenced Oct. 6. It’s the first guilty plea obtained by the U.S. Justice Department’s Election Threats Task Force, which was launched last year to investigate threats of violence against elections workers, the office said. FBI agents in Colorado and Nebraska investigated the case.

Full Article: Colorado guilty plea a first for US election task force | AP News

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