The special House committee hearings investigating the events surrounding the Jan. 6, 2021, insurrection — which begin Thursday night in prime time — may serve multiple purposes: They could reveal more evidence that could be used to file criminal charges for attempted election subversion against some of former president Donald Trump’s lawyers, against people who tried to manipulate the count of electoral college votes and potentially against Trump himself. They could provide the most comprehensive account yet of the unprecedented attempt by Trump and his allies to disrupt the peaceful transition of power after the 2020 election — a gift to future historians. But the most important thing the hearings can do — given that, if someone tries to steal the next election, they won’t do it precisely the way Trump and his allies tried in 2020 — is to shift our gaze forward: They can highlight continuing vulnerabilities in our electoral system and propose ways to fix them, before it is too late. The hearings also represent the best chance to galvanize public support to address these weak points, which is important, because the window for passing such legislation is closing; if Republicans retake the House in November, they will never put forth bills that imply the country needs protection from Trump, their kingmaker. If these hearings don’t spur action by this summer or fall, expect Congress to do nothing before the 2024 elections, at which point American democracy will be in great danger. Any attempt to subvert the next presidential election is likely to be far more efficient and ruthlessly targeted than the last effort. It will be focused on holes and ambiguities in the arcane rules for counting electoral college votes set forth in the Constitution and in a poorly written 1887 law, the Electoral Count Act.
National: The Supreme Court may take territories off the map of the US | Stephen Kinzer/The Boston Globe
May the United States rule foreign territories without granting their inhabitants constitutional rights? Yes, according to landmark Supreme Court decisions in the “Insular Cases” more than a century ago. Without those decisions, our overseas territorial empire could not have existed. Suddenly that decision is under fierce attack from within the Court itself. The fate of America’s five populated colonies — Puerto Rico, the US Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands — may hang in the balance. In April the Supreme Court decided what seemed to be an abstruse case about federal benefits owed to Puerto Ricans. But Justice Neil Gorsuch’s opinion began with a startling passage. He asserted that the United States has no business deciding anything for Puerto Rico because our ownership of that island — and by extension other US colonies — is unconstitutional. “A century ago in the Insular Cases, this Court held that the federal government could rule Puerto Rico and other territories largely without regard to the Constitution,” Gorsuch wrote. “It is past time to acknowledge the gravity of this error and admit what we know to be true: the Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes. They deserve no place in our law. . . . And I hope the day comes soon when the Court squarely overrules them.”
Full Article: The Supreme Court may take territories off the map of the US - The Boston GlobeAlaska commission asks court to stop certification of U.S. House primary election, alleging failure to accommodate visually impaired voters | Iris Samuels/Anchorage Daily News
The Alaska State Commission for Human Rights is suing the lieutenant governor and the Division of Elections over what it says is a lack of sufficient accommodations for visually impaired voters in the U.S. House primary race — the state’s first all-mail election. In a complaint filed Wednesday in state Superior Court in Anchorage, plaintiff Robert Corbisier, executive director of the Alaska State Commission for Human Rights, alleges that the ballots that were mailed to every registered voter in the state for the special primary election “do not provide an opportunity to visually impaired voters to vote privately, secretly and independently.” The lawsuit names Lt. Gov. Kevin Meyer — who oversees elections in Alaska — and Division of Elections director Gail Fenumiai as defendants. Meyer’s office declined to comment on the lawsuit. The Division of Elections deferred comment to the Department of Law. With only three days to go until the Saturday voting deadline, the commission is asking for the certification of election results to be delayed until “visually impaired Alaska voters are given full and fair opportunity” to vote. On Wednesday, Anchorage Superior Court Judge Una Gandbhir granted a motion for expedited consideration of the request. A hearing hadn’t been scheduled as of late Wednesday, according to online court system records.
Full Article: Alaska commission asks court to stop certification of U.S. House primary election, alleging failure to accommodate visually impaired votersArizona: Lawsuit vs. voting machines factually flawed, Maricopa County claims | Howard Fischer/Arizona Daily Star
A lawsuit by two Republican candidates seeking to require a hand count of the 2022 election is both legally and factually flawed, a lawyer for Maricopa County is telling a federal judge. Candidates Kari Lake, running for governor, and Mark Finchem, running for secretary of state, claim counting machines are unreliable because they are subject to fraud and hacking. Those claims are based on mere allegations from states like Georgia, Wisconsin and Colorado “but not Arizona or Maricopa County,” said Emily Craiger, lawyer for Arizona’s most populous county, in a new 21-page legal filing. She told Judge John Tuchi that allegations machines are vulnerable because of “foreign manufacturing of components by hostile nations’’ are so generic as to not even merit his consideration. Craiger also pointed out that Arizona law requires various checks of counting equipment both before and after each election. There’s also a random hand count of selected races in at least 2% of the precincts to compare the tally made by volunteers from both major parties with what the machine recorded. She also told Tuchi a hand count of all ballots — nearly 2.1 million in Maricopa County alone — would be impossible. It took the firm hired by the Senate to audit the 2020 election more than three months, she pointed out, and that count was only of the presidential and U.S. senate races. “But ballots in Maricopa County seldom have fewer than 10 races in a primary,’’ Craiger said. “A general election, which includes judicial retention races, can have 60 to 70 races to count.’’
Full Article: Lawsuit vs. voting machines factually flawed, Maricopa County claims | Arizona and Regional News | tucson.com
Arizona early voting upheld by judge, rejecting GOP attempt to end it | Mary Jo Pitzl/Arizona Republic
There's nothing unconstitutional about Arizona's early voting law, a Mohave County judge determined Monday. The ruling, knocking down a lawsuit from the Republican Party of Arizona, is a win for the state's election officials and Arizona voters who use the early-voting system, a vast majority of the electorate. And it's another setback for the state party, which has argued the practice violates the Arizona Constitution's requirement for ballot secrecy. Mohave County Superior Court Judge Lee Jantzen boiled down the essence of the case in his four-page ruling to this: "Is the Arizona Legislature prohibited by the Arizona Constitution from enacting voting laws that include no-excuse mail-in voting? The answer is no." He noted that the no-excuses mail-in voting that lawmakers approved in 1991 provides protections for secrecy. For example, the ballot return envelopes are designed in a way to ensure the voter's choices are not visible. In addition, the envelopes are "tamper evident" so election workers can notice if someone has tried to open the ballot envelope. Jantzen denied the Republican Party's case as well as its request for a preliminary injunction that would have blocked almost all early voting for the Nov. 8 general election. That would have required millions of Arizona voters to obtain their ballot at the polls and cast it there.
Full Article: Arizona early voting upheld by judge, rejecting GOP attempt to end itGeorgia Republican candidates call for recount in Chatham County, statewide after Dekalb County recount | Will Peebles/Savannah Morning News
A trio of Savannah Republicans who lost their primary election races on May 24 are seeking a recount. Chatham Elections Supervisor Billy Wooten says he won't be asking the secretary of state for one. Chatham Board of Elections candidates Robin Greco and Jennifer Salandi have joined fellow Savannahian Jeanne Seaver, who ran for lieutenant governor, in her call for a recount. The push follows a recount in Dekalb County prompted by voting equipment issues. Chatham did not have the same scope of issues seen in Dekalb. Seaver, who finished last in the lieutenant governor primary with 7.5% of the vote, has formally petitioned Georgia Secretary of State Brad Raffensperger for a statewide recount. Contacted Friday, Seaver said that if there were discrepancies in Dekalb, the Secretary of State's office has an obligation to investigate whether there were similar issues with the Dominion voting system machines statewide. It's not about her winning or losing, she said. "It's all about the right thing to do. They did it in one county because someone requested it. What about the 158 other counties?" Seaver said.
Full Article: GA Republicans question Dominion voting machines, call for recount
Georgia Candidate Who Appeared to Get Few Votes Was Actually in 1st Place | Neil Vigdor/The New York Times
A candidate for a county office near Atlanta was vaulted into first place after a series of technical errors made it appear that she had not mustered a single Election Day vote in a vast majority of precincts in last month’s Democratic primary, election officials determined. The candidate, Michelle Long Spears, was shortchanged by 3,792 votes in the District 2 primary for the Board of Commissioners in DeKalb County, Ga., that was held on May 24, according to newly-certified results released on Friday. In all but four of the district’s nearly 40 precincts, no Election Day votes were recorded for Ms. Spears, who had received more than 2,000 early votes. She said that she immediately alerted state and county election authorities. “When I visited several precincts (including my own) after Election Day and saw ZERO votes reported for myself, I was shocked and knew that wasn’t accurate,” Ms. Spears said in a text message. After conducting a hand count over the Memorial Day weekend and auditing those returns, election officials determined that they had drastically underreported the vote totals for Ms. Spears.
Michigan lawmaker offered ‘forensic audit’ in bid to access voting machines | Craig Mauger/The Detroit News
A Michigan lawmaker who attempted to get an unidentified group of people access to voting machines in the battleground state told one clerk the team was hoping to perform a "forensic audit," according to an email obtained by The Detroit News. The message, which was sent by Markey Township Clerk Sheryl Tussey to other officials in northern Michigan's Roscommon County, reveals the individuals who were looking to obtain voting equipment were using the same terminology that supporters of former President Donald Trump were wielding in their push to advance unproven claims of fraud in the November 2020 election. "I did hear from someone who wanted to do a 'forensic audit,'" Tussey wrote in an email on May 5, 2021. "Rep. Daire Rendon contacted me a while back and asked if some people could come up and get my machine for that reason, and I said no that I wasn't comfortable with that." Tussey's email — which was sent to 18 recipients, including other local clerks — sheds new light on Rendon's requests to multiple clerks in her district to get access to vote-counting machines. The News first reported May 20 on Rendon's entanglement in an investigation by Michigan State Police and Attorney General Dana Nessel's office into unauthorized access to vote-counting tabulator machines after the 2020 election. Full Article: Michigan lawmaker offered 'forensic audit' in bid to access voting machinesMichigan widens probe into voting system breaches by Trump allies | Nathan Layne and Peter Eisler/Reuters
State police in Michigan have obtained warrants to seize voting equipment and election-related records in at least three towns and one county in the past six weeks, police records show, widening the largest known investigation into unauthorized attempts by allies of former President Donald Trump to access voting systems. The previously unreported records include search warrants and investigators' memos obtained by Reuters through public records requests. The documents reveal a flurry of efforts by state authorities to secure voting machines, poll books, data-storage devices and phone records as evidence in a probe launched in mid-February. The state’s investigation follows breaches of local election systems in Michigan by Republican officials and pro-Trump activists trying to prove his baseless claims of widespread fraud in the 2020 election. The police documents reveal, among other things, that the state is investigating a potential breach of voting equipment in Lake Township, a small, largely conservative community in northern Michigan's Missaukee County. The previously unreported case is one of at least 17 incidents nationwide, including 11 in Michigan, in which Trump supporters gained or attempted to gain unauthorized access to voting equipment.
Full Article: Exclusive: Michigan widens probe into voting system breaches by Trump allies | ReutersMichigan GOP gubernatorial candidate Ryan Kelley arrested on Jan. 6 riot-related charges | Robert Snell, Craig Mauger and Beth LeBlanc/The Detroit News
FBI agents arrested Republican gubernatorial candidate Ryan Kelley on Thursday on misdemeanor charges related to the Jan. 6, 2021, riot at the U.S. Capitol, injecting a new round of turmoil into Michigan's upcoming primary election. Kelley, 40, became one of the highest-profile individuals nationally to face charges so far in federal authorities' ongoing investigation. Federal court records describe Kelley as being an active participant in the riot, climbing onto portions of the Capitol, encouraging yelling, gesturing to participants and removing a covering from a temporary structure outside the Capitol. Kelley declined to answer reporters' questions after he was released on bond Thursday afternoon following a brief hearing in federal court in Grand Rapids. He was greeted by a crowd of his supporters outside the federal courthouse, including GOP attorney general candidate Matt DePerno. "We love you, Ryan," said one of Kelley's backers at the end of his initial hearing in a courtroom. Prosecutors filed four charges against Kelley. They are knowingly entering or remaining in a restricted building; disorderly and disruptive conduct; knowingly engaging in any act of physical violence against person or property in a restricted building or grounds; willfully injuring or committing depredation against property of the U.S. If convicted, Kelley faces a maximum punishment of up to one year in federal prison and a fine of up to $100,000 for each charge. He was freed on a personal recognizance bond. His next hearing will take place over Zoom on June 16.
Full Article: Ryan Kelley, Michigan GOP gubernatorial candidate, arrested on Jan. 6 riot-related chargesMontana: Here’s why the primary ballots in Lincoln County are being counted by hand | Kiana Wilson/KPAX
Lincoln County has had to resort to hand counting all the ballots for the primary election because the ballots were cut too short and will not work in the automatic counting machines. This will delay the election results. “This is a very, very tedious, monotonous process. It takes a lot of you know, concentration and focus. And I don't you know, I would rather take it slow and steady and be accurate 100% of the time rather than trying to push it and stretch it out until six o'clock in the morning and end up with shoddy results,” Lincoln County Elections Administrator Paula Buff said Wednesday. The whole ballot snafu began when the ballots arrived a week late from the Couer D’Alene Printing Press, without a test deck. After retrieving the test deck, Buff cuts the test deck to the required 14” to run in the machine. But when the absentee ballots arrived, they were a ¼" too short and would not run through the machines. After many tests and possible solutions, Buff and members from the Montana Secretary of State’s office decided that the best course of action would be to hand count all of the ballots. Despite the complications, election officials say it comes down to the community. "I kind of send out the Bat Signal at the last minute and, 'hey, who wants to count?' and you know, I mean, most of our, you know, election judges are elderly, but, you know, they have some serious stamina and staying power,” Buff said. “And, you know, some of them have more energy than me, I think." Full Article: Here's why the primary ballots in Lincoln Co. are being counted by handMontana: Wrong-sized ballots delay results in US House race | Amy Beth Hanson/Associated Press
Ballot printing errors have delayed election results for Montana’s new congressional seat, forcing a small northwestern county to count votes by hand in the unexpectedly close Republican primary race between former Interior Secretary Ryan Zinke and former state Sen. Al “Doc” Olszewski. Zinke led Olszewski by 1,181 votes, or 1.5 percentage points, out of 80,194 votes counted, as of 3:30 p.m. local time Wednesday. Lincoln County had an estimated 6,000 ballots to hand count. Zinke, a former Navy SEAL, was considered the favorite in the race and had been endorsed by former President Donald Trump. “The race appears to answer the question of whether President Trump is a ‘kingmaker,’ as Zinke has previously said,” said Christina Barsky, a University of Montana professor who teaches classes in election administration, government and public budgeting. The trouble in Lincoln County stemmed from a vendor printing the ballots on the wrong-sized paper, meaning they could not be run through a machine tabulator, the secretary of state’s office said Wednesday. By law, ballots have to either all be counted by machine or all counted by hand, spokesperson Richie Melby said. Lincoln County Clerk and Recorder Robin Benson said in a statement that the hand count was expected to take two to three days. Election officials started counting ballots on Tuesday.
Source: Wrong-sized ballots delay results in Montana US House race | AP NewsNew Hampshire Vote Counting Law Will Divert Ballots With Overvotes | Kevin Landrigan/The New Hampshire Union Leader
New Hampshire Gov. Chris Sununu signed into law a pivotal ballot-counting reform Tuesday, June 7, that grew out of the post-election ballot mess from the 2020 election in Windham. The bipartisan measure will, for the first time, require vendors to program vote-counting machines to divert into a side compartment any ballot that appears to have too many marks on it for a single office. The bill's prime sponsor, Hillsborough Democratic state Rep. Marjorie Porter, said the change should prevent a repeat of the chaos in Windham. If this had been in place before the 2020 election, it would have immediately flagged the absentee ballots that were incorrectly read by Windham's automated voting machines on Election Day because of folds through one of the candidates' names. After a hand recount, all four Republican candidates for state representative in Windham picked up nearly 300 votes apiece. The leading Democratic candidate lost nearly 100 votes after the recounts. A never-before-used folding machine was deployed in Windham to cope with the high number of absentee ballots. Full Article: Latest New Hampshire Vote Counting Law Will Remove OvervotesPennsylvania Republicans are no closer to re-inspecting Fulton County’s 2020 voting machines | Sam Dunklau/WITF
A planned inspection of a rural Pennsylvania county’s voting equipment from 2020 remains on hold, despite a recent state court decision. South-central Fulton County, encouraged by state Senate Republicans, has been seeking a second inspection of Dominion voting machines that it used during the 2020 election. But the county has been mired in court challenges. At issue is whether Fulton can have its Dominion machines inspected, and whether the Department of State can stop an inspection from happening. Supporters of the effort have not explained how such an inspection would be carried out and have not clearly explained why one is necessary more than a year and a half after the machines were used. Former President Donald Trump, who won 85 percent of the vote there, continues to falsely assert that he lost to President Joe Biden because of systemic ballot fraud and procedural issues. There is no evidence of widespread fraud or machine tampering in Pennsylvania. Fulton County’s latest examination was set to happen in January after Commonwealth Court sided with the county in a lawsuit – but the state Supreme Court halted it when the Department of State appealed the lower court’s decision. It’s been on pause ever since. “I’m just a little frustrated with the Supreme Court for their delay,” said Sen. Cris Dush (R-Cameron), who leads the Senate committee that has spearheaded the latest inspection effort. Full Article: Pennsylvania Republicans are no closer to re-inspecting Fulton County’s 2020 voting machines | WITFRhode Island Senate committee to vote on remote voting bill despite warnings of risks | Katherine Gregg/The Providence Journal
The state's top election officials raised warning flags. One state lawmaker after another stated their misgivings when it popped up a year ago. But a bill to allow remote voting is once again headed to a vote at the Rhode Island State House. On Tuesday, the Senate Judiciary Committee is scheduled to vote on the bill, S2118, to allow disabled and military voters to "electronically receive and return their mail ballot." The proposal was not included in the much-heralded "Let RI Vote" bill, allowing online applications and eliminating longstanding witness requirements for mail ballots, that Gov. Dan McKee is expected to sign into law on Wednesday. And only one person spoke in favor of the legislation at a hearing earlier this year: the lead sponsor, Sen. Stephen Archambault, D-Smithfield. Others voiced their support in writing, including the Rhode Island Commission for Human Rights. But in a letter of concern to lawmakers, Cranston's director of elections, Nicholas Lima, wrote: "There are significant cybersecurity concerns ... despite assurances that some electronic ballot vendors tend to promote to the contrary. "No current technology exists that allows a [ballot] to be transmitted ... electronically, without risk of interception or alteration by hostile threat actors – including well-equipped nation state actors that are intent on disrupting American elections by any means necessary.
Full Article: Rhode Island Senate committee to vote on remote voting billTennessee: Long Stalemate Ends on New Shelby County Voting Machines | Jackson Baker/Memphis Flyer
At long last, after at least two years of steady contentiousness between the County Commission and the Shelby County Election Commission, a resolution may have been reached on the matter of what kind of voting method should replace the currently used outmoded machines. But that auxiliary verb “may” is necessary. At several points during three-and-a-half hours of intense disagreements and outright verbal combat, various commissioners would invoke the prospect of reconsideration — that parliamentary device which allows voters for a majority position to call for a revote later on. Though a flurry of secondary issues became part of the argument, the essential debate at Monday’s commission meeting was between proponents of hand-marked paper ballots and defenders of the Election Commission’s preference for electronic ballot-marking devices. The commission had voted twice previously in favor of hand-marked paper ballots and had specifically rejected ballot-marking devices, but the resolution before the body on Monday called for almost $6 million to purchase ballot-marking machines from the Election Systems & Software company. It also allowed for a “compromise” procedure whereby voters could either ask for paper ballots or use the ballot-marking machines. Partisans of hand-marked paper ballots tended to be skeptical regarding the bona fides of that provision. At the end, in any event, the resolution would pass, though at various intervals a series of amendments that would have transformed it one way or another were introduced and then withdrawn. The final version targeted November as the changeover date, though Election Administrator Linda Phillips and Election Commission chairman Mark Luttrell had asked for action before the August county election on grounds that the county’s existing machines were on their last legs.
Full Article: Memphis Flyer | Long Stalemate Ends on New Voting Machines
Wisconsin: Future of Election Commission remains unclear as new chair is about to be selected | Joy Powers, Kobe Brown/WUWM
The Wisconsin Election Commission has been in the spotlight since the 2020 election. Unsubstantiated claims of election fraud have pitted many Republican politicians against the commission, despite the fact the election commission was created by former Republican Governor Scott Walker to ensure that both major parties would have equal representation in the process. The commission postponed selecting its new chairperson when Republican commissioner Dean Knudson resigned late last month — citing Republican’s deep desire that he step down in light of Knudson’s assertions that widespread voter fraud didn’t occur in Wisconsin during the 2020 presidential election. Now, Wisconsin state Assembly Speaker Robin Vos has appointed a new Republican member to replace Knudson — attorney Don Millis. "[Don Millis is] a former member of the commission and a former member of the body that preceded the commission, so he has a history and some expertise," says Barry Burden, a professor of political science at UW-Madison and director of the Elections Research Center. "He was well received by former Governor Tommy Thompson, who actually appointed him initially to serve on the state board. There were even positive things said about him by Ann Jacobs, who's the current Democratic chair of the commission." The next chairperson of the commission will be a Republican and will certify the 2022 midterm election and 2024 presidential election. It's likely to be either Millis or Robert Spindell, who attempted to cast Electoral College ballots for President Donald Trump during the 2020 election and has been a strong supporter of the GOP investigation into the election. Full Article: Future of Wisconsin Election Commission remains unclear as new chair is about to be selected | WUWM 89.7 FM - Milwaukee's NPRAlaska Judge orders delay in certification of US House special primary; state plans appeal | Iris Samuels, Anchorage Daily News
An Alaska state judge ruled Friday that the results of the special U.S. House primary election could not be certified until visually impaired voters are given “a full and fair opportunity to vote independently, secretly and privately.” The state immediately said it was planning an appeal to the Alaska Supreme Court. The ruling, from Anchorage Superior Court Judge Judge Una Gandbhir, came after arguments earlier in the day in a lawsuit filed earlier this week by the Alaska State Commission for Human Rights against the Alaska Division of Election and Lt. Gov. Keven Meyer, who oversees the division. The commission asserted that the primary, which is the state’s first all-mail election, does not provide visually impaired voters in the state adequate voting access. The order comes just a day before the Saturday voting deadline. It could upend a plan to hold the special general election on Aug. 16 and force an all-mail general election, according to the Division of Elections. The ramifications of the court decision on the ongoing election were not immediately clear. “No court should consider lightly an injunction that potentially upends an ongoing election, but neither can the Court allow flawed state procedures to disenfranchise a group of Alaskans who already face tremendous barriers in exercising a fundamental right,” Gandbhir wrote in her decision to grant the preliminary injunction. The decision does not specify what giving visually impaired voters “a full and fair” opportunity to vote would entail, but Gandbhir wrote she “urges the parties to work together expeditiously to find a timely, appropriate remedy.” Full Article: Judge orders delay in certification of Alaska’s US House special primary; state plans appeal | Nation | fltimes.com‘It’s going to be an army’: Tapes reveal GOP plan to contest elections | Heidi Przybyla/Politico
Video recordings of Republican Party operatives meeting with grassroots activists provide an inside look at a multi-pronged strategy to target and potentially overturn votes in Democratic precincts: Install trained recruits as regular poll workers and put them in direct contact with party attorneys. The plan, as outlined by a Republican National Committee staffer in Michigan, includes utilizing rules designed to provide political balance among poll workers to install party-trained volunteers prepared to challenge voters at Democratic-majority polling places, developing a website to connect those workers to local lawyers and establishing a network of party-friendly district attorneys who could intervene to block vote counts at certain precincts. “Being a poll worker, you just have so many more rights and things you can do to stop something than [as] a poll challenger,” said Matthew Seifried, the RNC’s election integrity director for Michigan, stressing the importance of obtaining official designations as poll workers in a meeting with GOP activists in Wayne County last Nov. 6. It is one of a series of recordings of GOP meetings between summer of 2021 and May of this year obtained by POLITICO. Backing up those front-line workers, “it’s going to be an army,” Seifried promised at an Oct. 5 training session. “We’re going to have more lawyers than we’ve ever recruited, because let’s be honest, that’s where it’s going to be fought, right?”
Tennessee: Shelby County Commissioners, past, present and future, voice opposition to voting machine plan | Katherine Burgess/Memphis Commercial Appeal
Former, current and future Shelby County Commissioners gathered Friday to voice their opposition to a plan to approve the purchase of new voting machines for Shelby County, an idea poised to be voted on by the current county commission Monday. The Election Commission has said they would allow for voters to choose between voting on a machine that would then print out a ballot or voting with a pencil on a paper Scantron machine after the county spends $5.8 million on new machines from vendor Election Systems & Software, LLC, known as ES&S. If the resolution is approved, the equipment would be fully operational by the August general election, according to the Election Commission. But the group gathered Friday expressed concern that this would only result in hand-marked paper ballots being used by voters who knew to ask for them, meaning the majority of voters would still use ballot marking devices, something that has long been opposed by the Shelby County Commission. “Election security experts overwhelmingly are of the opinion that (hand-marked paper ballots) are the most secure system," said Steve Mulroy, a former county commissioner who is currently running for Shelby County District Attorney. "For reasons which boggle the mind, the Election Commission has been insisting for years on a much pricier, more hackable ballot marking device.” Full Article: Group urges opposition to voting machine purchaseTennessee: Shelby County could get new voting machines if a lawsuit is withdrawn | Katherine Burgess/Memphis Commercial Appeal
It took nearly four hours of arguing, questioning and the occasional longsuffering sigh, but Shelby County Commissioners finally voted Monday to fund new voting machines for the county to the tune of $5.8 million. Whether those machines are actually funded is contingent, however, on if the Shelby County Election Commission drops its ongoing lawsuit against Shelby County Government. And whether the Election Commission will do so may hinge on a key change from the original resolution presented Monday and the final version passed. The original, which had the support of the Election Commission, would have had voters using the new machines in the August general election. But commissioners, some voicing concerns about time to learn new machines while already getting used to new precincts, changed the resolution so machines will instead be in place for the November election. Not having new machines could put the August election in peril, Elections Administrator Linda Phillips has said. On May 20, the Election Commission filed a motion seeking to expedite the appeal in its lawsuit against the county, writing about how two of the three servers used for the current voting machines have failed. “The backup server periodically just shuts off and we live in terror that it will just stop functioning,” reads the motion filed by the Election Commission. “Consider, for example, what would happen if the server dies on election night. The results of the election would not be lost but it would take as many as 18 hours to get summary election results and 2 weeks to get precinct results, since the results from each precinct and early voting location would have to be manually transcribed.”
Full Article: Shelby County could get new voting machines if a lawsuit is withdrawnNational: Cyber agency: No evidence the flaws in the Dominion Voting Systems’ equipment have been exploited to alter election results | Kate Brumback/Associated Press
Electronic voting machines from a leading vendor used in at least 16 states have software vulnerabilities that leave them susceptible to hacking if unaddressed, the nation’s leading cybersecurity agency says in an advisory sent to state election officials. The U.S. Cybersecurity and Infrastructure Agency, or CISA, said there is no evidence the flaws in the Dominion Voting Systems’ equipment have been exploited to alter election results. The advisory is based on testing by a prominent computer scientist and expert witness in a long-running lawsuit that is unrelated to false allegations of a stolen election pushed by former President Donald Trump after his 2020 election loss. The advisory, obtained by The Associated Press in advance of its expected Friday release, details nine vulnerabilities and suggests protective measures to prevent or detect their exploitation. Amid a swirl of misinformation and disinformation about elections, CISA seems to be trying to walk a line between not alarming the public and stressing the need for election officials to take action. CISA Executive Director Brandon Wales said in a statement that “states’ standard election security procedures would detect exploitation of these vulnerabilities and in many cases would prevent attempts entirely.” Yet the advisory seems to suggest states aren’t doing enough. It urges prompt mitigation measures, including both continued and enhanced “defensive measures to reduce the risk of exploitation of these vulnerabilities.” Those measures need to be applied ahead of every election, the advisory says, and it’s clear that’s not happening in all of the states that use the machines.
Source: Cyber agency: Voting software vulnerable in some states | AP NewsNational: They Insisted the 2020 Election Was Tainted. Their 2022 Primary Wins? Not So Much. | Reid J. Epstein and Nick Corasaniti/The New York Times
This spring, when Representative Mo Brooks of Alabama was fighting to win over conservatives in his campaign for Senate, he ran a television ad that boasted, “On Jan. 6, I proudly stood with President Trump in the fight against voter fraud.” But when Mr. Brooks placed second in Alabama’s Republican primary last week, leaving him in a runoff, he said he was not concerned about fraud in his election. “If it’s a close race and you’re talking about a five- or 10-vote difference, well, then, it becomes a greater concern,” he said of his primary results. “But I’ve got more important fish to fry. And so, at some point, you have to hope that the election system is going to be honest.” Mr. Brooks was one of 147 Republican members of Congress who voted on Jan. 6, 2021, to object to the results of the 2020 presidential election. Hundreds more Republican state legislators across the country took similar action in their own capitals. President Biden’s victory, they said, was corrupted by either outright fraud or pandemic-related changes to voting. Now, many of those Republicans are accepting the results of their primaries without complaint. Already this year, 55 of the lawmakers who objected in 2020 have run in competitive primaries, contests conducted largely under the same rules and regulations as those in 2020. None have raised doubts about vote counts, even as Mr. Trump has begun to spread unfounded claims. No conspiracy theories about mail ballots have surfaced. And no one has called for a “forensic audit” or further investigations of the 2022 primary results.
National: ‘The horse and buggy era’: Attacks on voting machines set off fresh worries about election subversion | Fredreka Schouten/CNN
Despite warnings that ditching voting machines would delay election results and likely violate the law, county commissioners in a rural slice of western Colorado this year voted to stop paying the licensing fee on the county's devices. Commissioners in Nye County, Nevada, meanwhile, want local election officials to begin hand-counting paper ballots in this year's elections. And in Arizona, two Trump-aligned candidates for statewide office have gone to court in a long-shot bid to bar the use of machines to record and count votes in a battleground state with more than 4 million voters -- and key Senate and gubernatorial races this year. These pockets of resistance to voting machines mark another attempt by Republicans sold on former President Donald Trump's baseless claims of election fraud to transform how US elections are run. So far, most efforts have been thwarted at the state level. But critics warn that the moves, if successful in just a handful of localities, would result in delays and chaos and potentially open the door to election subversion efforts.
National: Lawyer Who Plotted to Overturn Trump Loss Recruits Election Deniers to Watch Over the Vote | Alexandra Berzon/The New York Times
In a hotel conference center outside Harrisburg, Pa., Cleta Mitchell, one of the key figures in a failed scheme to overturn Donald J. Trump’s defeat, was leading a seminar on “election integrity.” “We are taking the lessons we learned in 2020 and we are going forward to make sure they never happen again,” Ms. Mitchell told the crowd of about 150 activists-in-training. She would be “putting you to work,” she told them. In the days after the 2020 election, Ms. Mitchell was among a cadre of Republican lawyers who frantically compiled unsubstantiated accusations, debunked claims and an array of confusing and inconclusive eyewitness reports to build the case that the election was marred by fraud. Courts rejected the cases and election officials were unconvinced, thwarting a stunning assault on the transfer of power. Now Ms. Mitchell is prepping for the next election. Working with a well-funded network of organizations on the right, including the Republican National Committee, she is recruiting election conspiracists into an organized cavalry of activists monitoring elections. In seminars around the country, Ms. Mitchell is marshaling volunteers to stake out election offices, file information requests, monitor voting, work at polling places and keep detailed records of their work. She has tapped into a network of grass-root groups that promote misinformation and espouse wild theories about the 2020 election, including the fiction that President Biden’s victory could still be decertified and Mr. Trump reinstated.
Alabama Secretary of State responds to lawsuit seeking to prohibit use of electronic voting machines | Jacob Holmes/Alabama Political Reporter
Secretary of State John Merrill is once again defending the state’s use of electronic voting machines in response to a lawsuit seeking to bar them from being used in the upcoming general election. The lawsuit was filed by Republican gubernatorial candidate Lindy Blanchard, who was defeated in the primary last week by incumbent Gov. Kay Ivey, and Rep. Tommy Hanes, R-Scottsboro, against Merrill and five members of the state’s Electronic Voting Committee. Merrill said the electronic tabulators are not susceptible to being manipulated. “We’ve never had a negative incident or occurrence related to the use of electronic voting equipment,” Merrill said. “No vulnerabilities have ever been exposed or introduced at any level and I’m confident that will remain the standard. If I was not confident, we would be addressing that.” The lawsuit seeks to prohibit the use of the tabulators in the general election and force the state to use paper ballots and hand counting. It would require three individuals to count the ballots, while being recorded by camera. The lawsuit claims machines manufactured by Election Systems & Software, the provider of all Alabama machines, can be connected to the internet, but Merrill said that is not the case in Alabama. Full Article: Merrill responds to lawsuit seeking to prohibit use of electronic voting machinesArizona Governor Ducey vetoes ‘vague’ voter cancellation bill | Howard Fischer/Arizona Daily Star
Gov. Doug Ducey has vetoed legislation which would have required county election officials to cancel the registration of anyone they determine is not qualified to vote. The move Friday, the first by the governor this session, came amid concerns from county officials that what was in HB 2617 could lead to mischief as it would allow individuals to make unsubstantiated claims that some people on the voter registration rolls should be removed. Jennifer Marson, executive director of the Arizona Association of Counties, said that, in turn, would trigger automatic investigations. Marson, in a letter Friday to Ducey, also pointed out what she said were illegal provisions in the measure. The governor, in his veto message, said he agrees. "The implementation of this provision is vague and lacks any guidance for how a county recorder would confirm such a determination," Ducey wrote. "Our lawfully registered voters deserve to know that their right to vote will not be disturbed without sufficient due process," he continued. "This provision leaves our election system vulnerable to bad actors who could seek to falsely allege a voter is not a qualified elector."
Full Article: Gov. Ducey vetoes 'vague' voter cancellation bill | Government-and-politics | tucson.com