National: Voting Rights: A Legal Battle Is Under Way Across the U.S. as Election-Related Litigation Surges | Laura Kusisto/Wall Street Journal

Voting laws passed in the wake of the 2020 election are facing a wave of court challenges, setting up a series of legal battles this year that could help reshape the rules around voting for years to come. At least two dozen states have passed laws this year that either expand voting rules or tighten them, according to New York University’s Brennan Center for Justice, a public-policy think tank. At least 30 lawsuits are aimed at laws in 11 states that opponents say restrict voting access with measures such as shortening the time period for mail-in and early voting, increasing verification requirements and placing limits on providing food or water to people waiting in line to vote. Mostly liberal groups have challenged these new bills on grounds that they violate aspects of the Voting Rights Act, the First and 14th Amendments and the Americans with Disabilities Act. In Georgia, which has become the epicenter of the fight, groups have filed nine lawsuits over legislation that was passed in late March, according to the Brennan Center. A lawsuit filed by the Justice Department last month against Georgia added firepower to the legal battle over the new voting laws.

Full Article: Voting Rights: A Legal Battle Is Under Way Across the U.S. as Election-Related Litigation Surges – WSJ

National: Why resolving election disputes in the U.S. is so much harder than in other developed democracies. | Joseph Klaver/The Washington Post

Former president Donald Trump and several Republican-led state legislatures continue to try to discredit the 2020 presidential election. Although many countries find it challenging to resolve electoral disputes, doing so is much more difficult and uncertain in the United States than elsewhere. That’s for several reasons. Congress has an unusual role and functions under a vague federal law. What’s more, the United States has a complicated web of local, state and national laws and practices that could make fairly adjudicating future disputes even more difficult. Here’s what you need to know about the rules of the game, here and abroad, for resolving contested elections. Formal disputes over election outcomes are common around the globe. Various academic projects regularly recognize numerous countries’ election systems as better-run than those in the United States — and even these regularly find their election results challenged. For example, Germany handled 275 disputes challenging the results of its 2017 legislative election, encompassing both complaints from one of its 299 electoral districts and complaints about the hundreds of seats distributed using proportional representation. In 2018 and 2019, the Supreme Electoral Tribunal of Costa Rica adjudicated 738 disputes about municipal and national elections. And in 2017, after the French National Assembly elections, voters and candidates filed hundreds of disputes, and the Constitutional Council invalidated the results of eight races. But French election results are often canceled and so were not unexpected. The process is orderly; that’s probably part of the reason the V-Dem Institute regards France’s electoral democracy more highly than that of the United States.

Full Article: Why resolving election disputes in the U.S. is so much harder than in other developed democracies. – The Washington Post

National: Here is the latest baseless voter fraud allegation, brought to you by Trump and Tucker Carlson | Philip Bump/The Washington Post

In the long history of jarringly ironic comments made by on-air talent at Fox News, a pronouncement from Tucker Carlson on Wednesday night immediately vaulted into the upper echelon. “You can’t have a democracy if the public doesn’t believe election results,” Carlson said. “Increasingly, many people in this country don’t believe them. The solution to that problem, and it’s a significant problem, is not to scream at these people, call them lunatics or throw them in jail. The solution is to tell the truth about what happened.” It is absolutely true that the best way for the decline in confidence in elections to be combated is for trusted voices to tell the truth about the election. And then Carlson, a trusted voice to millions on the political right, proceeded to dump in their laps an array of unproven, irrelevant or obviously incorrect claims about the presidential election. It’s obviously the case that there’s a robust marketplace for this stuff. If Donald Trump were as adept at selling gilded Manhattan apartments as he is false claims about the 2020 election, he’d be the wealthiest real estate agent in human history. He’s deeply invested in the narrative that rampant fraud occurred for reasons of personal pride and that translates into a base of supporters eager for information bolstering his claims that then translates into demand for people like Carlson who have proven track records of prioritizing sensationalism over accuracy. (See here.) (And here.) (And here.) (And here.) (Among others.) So we get a revolving suite of claims that quickly fall apart before the whole enterprise moves to another state.

Full Article: Here is the latest baseless voter fraud allegation, brought to you by Trump and Tucker Carlson – The Washington Post

Editorial: Why easy voter access vs. election security is a false choice. Americans want both. | Will Friedman/USA Today

Last week, President Joe Biden referred to the pitched political battle underway between Republicans and Democrats on voting rights as the “most significant test of our democracy since the Civil War.” In response, the president said, Democrats plan to work harder than ever to increase access, starting an effort to “register (people) to vote, and then get the vote out.” Republicans argue that voter fraud is the real threat to democracy, and that more restrictions and tighter security are the answer. This includes limiting the times and places where people can vote and rolling back systems put in place to make voting easier and safer during the pandemic. What’s interesting is that the American public reject this argument as a false dichotomy and have their own way of looking at what ought to be done to improve elections. In my role as a senior fellow at the nonpartisan organization Public Agenda, I recently co-led a survey of the American public on how to fix what’s ailing our democracy, discussed in our new report, America’s Hidden Common Ground on Renewing Democracy. On questions of voting reform, my colleagues and I decided not to ask whether the public favors one side or the other of the argument described above – plenty of pollsters were doing that already.

Full Article: Voter access vs. security is false choice: Hidden Common Ground

Arizona: Election officials call audit ‘bombshell’ a dud | Howard Fischer/Tucson Sentinel

Claims made about the election audit in Maricopa County that some have labeled a “bombshell” are really a dud, Maricopa County officials say. County officials have issued what they said is a point-by-point knockdown of the most serious charges leveled by Doug Logan, the CEO of Cyber Ninjas, the firm hired by Senate President Karen Fann, and Ben Cotton founder of CyFir which bills itself as a digital forensics investigative company. But the county was not allowed to provide a response at Thursday’s hearing at the state Senate as they were not invited and public testimony was not allowed. All of this means that the issue is unlikely to be resolved in the near future. In fact, Jack Sellers, who chairs the Maricopa County Board of Supervisors, said he is prepared for a future legal fight. “Finish your audit, release the report, and be prepared to defend it in court,” he said in a prepared statement. On Thursday, Logan and Cotton presented their findings to date to Fann and Sen. Warren Petersen, R-Gilbert, who chairs the Judiciary Committee. Democrats on the panel were not allowed to participate or ask questions. The two contractors said they are likely months away from a final report. Logan said it could even mean a door-to-door canvass to find certain voters. And they also claim they have not been provided with all the materials the Senate had subpoenaed, a claim that Sellers disputed. “Stop accusing us of not cooperating when we have given you everything qualified auditors would need to do this job,” Sellers said, taking a slap at the firms the Senate has retained.

Full Article: Election officials call Arizona audit ‘bombshell’ a dud | Arizona and Regional News | tucson.com

Arizona audit muddles on with no clear end in sight | Tal Axelrod/The Hill

Arizona’s partisan election audit is muddling along with no end on the horizon as Republicans in the state Senate and Democratic outside groups battle over the process. The glacial pace of the audit — which state Senate Republicans kicked off in December — was put into sharp relief this week with each side complaining that the other had not provided needed documents related to the count. Maricopa County Superior Court Judge Michael Kemp shot down a motion from the GOP to dismiss a lawsuit from liberal watchdog group American Oversight seeking documents related to the state Senate’s audit. Attorneys for the Republicans had argued that the information, which is currently in the possession of the private contracting firm Cyber Ninjas, is not obtainable under public disclosure rules. But Kemp rejected that argument Wednesday. “Nothing in the statute absolves Senate defendants’ responsibilities to keep and maintain records for authorities supported by public monies by merely retaining a third-party contractor who in turn hires subvendors,” the judge wrote. Kemp’s ruling also dismissed a GOP effort to combine the lawsuit from American Oversight with one also seeking public records brought by The Arizona Republic. American Oversight Executive Director Austin Evers hailed the ruling, saying it was a key step in providing more transparency to Arizonans over the audit. “Starting now, the Arizona Senate is going to have to face real, public accountability,” Evers said.

Full Article: Arizona audit muddles on with no clear end in sight | TheHill

Georgia: Judge dismisses lawsuit that sought to overturn Senate elections | David Wickert/The Atlanta Journal-Constitution

A Henry County judge has dismissed a lawsuit that sought to overturn the runoff elections that gave Democrats control of the U.S. Senate. The lawsuit aimed to void the election of Georgia’s Raphael Warnock and Jon Ossoff to the U.S. Senate. But Superior Court Judge Brian Amero rejected the effort at a hearing Monday. It’s the latest failure in a series of unsuccessful lawsuits that challenged Democratic victories in Georgia, including President Joe Biden’s narrow victory over former President Donald Trump. The latest lawsuit contested the Senate election results and sought a new election to be conducted on paper ballots. The plaintiff, Fulton County resident Michael Daugherty, said the senate election was marred by misconduct, raising doubts that Warnock and Ossoff were the true winners. He cited allegations of improper ballot counting at State Farm Arena in Atlanta on election night in November. Those allegations were investigated and debunked by the Secretary of State’s Office. Among other things, he also said the state’s Dominion Voting System machines did not accurately record the results — claims that election officials say are false and have led to defamation lawsuits against some of the attorneys who have spread them. The defendants in the lawsuit included Warnock and Ossoff, as well as Secretary of State Brad Raffensperger, the State Election Board, and election boards in Fulton, DeKalb and Coffee counties. In court briefs and arguments, they said Daugherty’s arguments have already been rejected by judges in other lawsuits. They said the problems he cited occurred in November, not during the January runoff. They argued the election challenge was filed too late and that the lawsuit was not properly served on Warnock and Ossoff.

Full Article: Judge dismisses lawsuit that sought to overturn Georgia Senate elections

Georgia: U.S. Senate field hearing seeks momentum for election bills | Mark Niesse and Greg Bluestein/The Atlanta Journal-Constitution

Attempting to revive stalled federal voting rights bills, U.S. Senate Democrats built their case Monday in Georgia by using the state’s voting law as an example of the kinds of restrictions they’re trying to stop. The rare field hearing of the Senate Rules Committee collected testimony from voting rights advocates and Georgia’s two Democratic Party senators who spoke against new voter ID requirements for absentee voting, limits on ballot drop boxes and the possibility of Republican-led takeovers of local elections management. “They’re trying to find new ways to mess with the fundamental rights of citizens to vote,” said U.S. Sen. Amy Klobuchar, a Democrat from Minnesota and chairwoman for the Senate Rules Committee. “The way you get at that, you’re supposed to find salvation from the Constitution and the federal government. This is that moment.” But the senators didn’t provide a path forward to break an impasse over voting bills that would impose national standards for election access and restore federal oversight of voting laws. Senate Republicans blocked debate on sweeping voting legislation last month, and Democrats have been unable to overcome filibuster rules that require a 60-vote threshold for measures to advance in the evenly divided chamber. Georgia is one of 17 states with Republican legislatures that have passed voting laws after last year’s election and Donald Trump’s false claims that there was widespread fraud. Three vote counts, both by machine and by hand, showed that Democrat Joe Biden won Georgia by about 12,000 votes. Republicans declined to participate in the hearing and instead shaped their own narrative about Georgia’s voting law.

Full Article: U.S. Senate field hearing in Georgia seeks momentum for election bills

Michigan sheriff enlists private eye to grill clerks in vote fraud probe | Jonathan Oosting/Bridge Michigan

A Michigan sheriff investigating the 2020 election is using a private investigator to question clerks, an unorthodox arrangement that baffles local officials in a region former President Donald Trump dominated last fall. Barry County Sheriff Dar Leaf, a Republican who plotted to seize voting machines after the November election and was in communication with allies to Trump at the time, is now working with a private investigator named Michael Lynch, a former security official for DTE Energy in Detroit. Leaf did not answer calls or respond to a text message from Bridge Michigan. The Hastings Banner newspaper reported that the sheriff said Lynch was recommended to him by Stefanie Lambert Junttila, a Detroit-area attorney facing potential sanctions related to the “Kraken” lawsuit that sought to overturn President Joe Biden’s election win. Lynch and a sheriff’s deputy have visited at least six township clerks, according to Barry County Clerk Pam Palmer, a Republican who criticized what she called a secretive investigation that has frightened local officials. “I was told by my clerks that they were told not to say anything to each other or to me,” Palmer recalled. “So I don’t know what (Leaf and his team) are trying to hide. I’m told by the investigator that they’re doing this under the element of surprise.”

Full Article: Michigan sheriff enlists private eye to grill clerks in vote fraud probe | Bridge Michigan

Michigan: Attorney appeals dismissal decision in Antrim County election lawsuit | Mardi Link/Traverse City Record-Eagle

An attorney for a local man who accused Antrim County of voter fraud is appealing a judge’s dismissal of an election-related lawsuit, records filed in 13th Circuit Court show. Matthew DePerno, who on Thursday announced his candidacy for Michigan Attorney General, filed the claim of appeal Wednesday on behalf of Bill Bailey, of Central Lake Township. Bailey filed suit Nov. 23, accusing the county of voter fraud and of violating his constitutional rights, after initial results of the 2020 Presidential election showed about 2,000 votes cast for then-President Donald Trump had mistakenly been assigned to then-challenger Joe Biden. Bailey acknowledged her office’s human error, an assertion backed by the state’s Senate Oversight Committee, which last month released a 55-page report rejecting claims of widespread election fraud in Antrim County and in Michigan. Bailey also accused the county of diluting his vote, after a marijuana proposal, allowing a single dispensary in the Village of Central Lake passed by a single vote. Records show Bailey is registered to vote in Central Lake Township, and only voters registered in the Village of Central Lake received ballots which included the marijuana proposal.

Source: Attorney appeals dismissal decision in Antrim election lawsuit | News | record-eagle.com

North Carolina GOP 2020 election audit plan focuses on voting machines | Will Doran/Raleigh News & Observer

North Carolina Republican politicians hoping to conduct their own audit of the 2020 elections don’t want to resort to legal action to try to force the State Board of Elections to let them have their way, they said Thursday. The lawmakers could try to force their will on elections officials by issuing subpoenas, for instance. But Rep. Keith Kidwell, a Beaufort County Republican who leads the far-right Freedom Caucus in the N.C. House of Representatives, said he’d rather not. “We honestly don’t want to have to go that route,” he said. “I think a spirit of cooperation is all we seek.” The News & Observer reported Wednesday that state elections officials, behind the scenes, have been blocking the Freedom Caucus in its efforts to take apart voting machines that were used last year. Caucus members want to look for illegal, internet-connected modems that may have been inserted into the machines to let someone remotely change vote counts. But they also admit they have no evidence that any such modems exist. “I’m very hopeful and very confident that there’ll be nothing,” Kidwell said. But now that the elections board won’t let them open the machines, Kidwell and the Freedom Caucus have begun questioning whether state elections director Karen Brinson Bell or others are trying to hide something. So on Thursday morning, they called a press conference.

Full Article: NC GOP 2020 election audit plan focuses on voting machines | Raleigh News & Observer

Pennsylvania: Philadelphia sees $40 million in possible costs from Trump ally’s election probe | Nathan Layne/Reuters

Philadelphia could face $40 million in costs to replace voting machines if forced to comply with a “forensic investigation” into the 2020 election launched by a Republican state lawmaker and ally of former President Donald Trump, a city commissioner told Reuters. The estimate by Philadelphia City Commissioner Al Schmidt, a Republican, highlights the potential burden on taxpayers from state Senator Doug Mastriano’s attempt to gain access to election equipment from Philadelphia and at least two other counties for inspections, similar to costs that have arisen out of a contentious Republican-led audit of the vote in Arizona. After Mastriano announced his probe last week, the Pennsylvania Department of State issued a directive to the state’s 67 counties warning it would decertify any equipment handed over to third parties because the chain of custody would be broken.  Democratic President Joe Biden won Pennsylvania by about 81,000 votes, four years after Trump’s victory there helped propel the Republican to the presidency. Republicans in Pennsylvania and other swing states won by Biden have pursued audits of the November election, repeating Trump’s baseless claims that widespread fraud cost him a second White House term. Schmidt, who has repeatedly defended the integrity of the vote count in heavily Democratic-leaning Philadelphia, said Mastriano’s request for a wide array of equipment could force the city to replace some $30 million worth of voting machines and an additional $10 million in central programming and tabulation equipment. “We just got all our new voting equipment in 2019, so replacing it would be very expensive for taxpayers,” Schmidt said on Monday.

Full Article: Philadelphia sees $40 mln in possible costs from Trump ally’s election probe | Reuters

In Texas, Efforts To Make Voting Harder Has Some Worried In Harris County | Andrew Schneider/Houston Public Media

Texas already has some of the strictest voting laws in the country, and the state’s Republicans are trying to make them even tougher. Most of the state’s Democratic lawmakers have flown to Washington, D.C., to prevent a vote on legislation they call voter suppression. The center of the battle is Harris County, where Houston is located. The county is home to more than 4.7 million people, a larger population than the state of Louisiana. Last year, Harris County introduced an array of voting innovations to make it easier and safer to vote during the presidential elections. They included drive-thru voting, expanded voting hours – with one day of 24-hour voting – and sending out mail-in ballot applications to all eligible voters. Joy Davis is a stay-at-home mom and the mother of a young son with severe autism. She voted in a drive-thru location on the east side of Houston. “Oh, it was amazing,” Davis says. “It was so convenient. I felt safe, because it was at the highlight of the pandemic before I was able to get any vaccinations….When I arrived, it was just so simple, so easy, so effortless. We just pulled up, showed my ID, they directed us to a tent, and you know we met with the poll worker there, they gave us the machine so we could cast our ballot, and that was it. I cast my ballot.”

Full Article: In Texas, Efforts To Make Voting Harder Has Some Worried In Harris County – Houston Public Media

Texas Democrats may find themselves in the wilderness of wandering public attention | Ross Ramsey/The Texas Tribune

The spotlight won’t shine for long on the story of Texas’ flyaway Democrats. The novelty will wear off. The cable TV networks will have other top stories before you know it, and this will become another of those insider fights of only passing interest to Texans who don’t have regular business in the state Capitol. Voting rights are important to voters, but most people only pay attention to the particulars at election time. Where do I go? What do I have to do? Who and what is on the ballot? Who are all of these people, and which ones are in my way and which ones can I ignore? But the next big elections in Texas aren’t until March at the earliest — and those, the party primaries, could easily be delayed until May or later because of delays in the 2020 U.S. census, and the resulting delays in drawing new political maps to fit new details of where Texans live and how many of them live there. For now, it’s enough to know that the state government in Texas is dysfunctional, but not in a way that has any immediate effect on the lives of everyday Texans. That’s a particular problem for the wandering Democrats whose political play depends, to some extent, on public attention. They decamped on Monday, faced with the prospect of showing up to watch Republicans approve a bill with new restrictions on voting that they cannot abide.

Full Article: Analysis: Texas Democrats race against time, and flagging public attention | The Texas Tribune

Wisconsin: Experts warn against ‘sham audits’ movement | Darrell Ehrlick and Melanie Conklin/Wisconsin Examiner

Experts for three different organizations came together this week to discuss the latest in the undermining democracy trend: illegitimate election recounts. They warned that conspiracy theories, disinformation and outright lies can spread through more than just social media, undermining legitimate elections. Those spreading the disinformation also prey upon people who may not be familiar with the process of government, they warn. Officials from the Protect Democracy, Fair Fight Action and States United Action have launched a new website with toolkits to help people understand the differences between real election audits and “fake” or “sham” audits. All three groups agree that the audit taking in place in Arizona’s Maricopa County is not credible — because of the lack of experience of the company conducting it, the methods that are being used, and the lack of transparency. Experts who spoke as part of the panel also said that other auditing, recounting and canvassing done through the State of Arizona long ago proved the election’s legitimacy. The new website, Notanaudit.com, is the joint project of the three groups. They say the Arizona “audit” is just the beginning of what is likely going to be a growing trend that will pit career election officials against politicians and start-up companies claiming to be able to do forensic and large-scale audits. They warn that without better public education, people could become more confused and lose confidence in what is otherwise a very safe, secure and — above all — accurate election process. Moreover, the “spillover” effect from the recount in Arizona is giving some momentum to groups in Georgia, Michigan and Wisconsin to begin audit election results that were certified and validated months ago. Four Wisconsin legislators were among Republicans from various states who took a field trip to Arizona to observe the ballot counting.

Source: Experts warn against ‘sham audits’ movement – Wisconsin Examiner

Colorado: ‘A propaganda tool’ for Trump: A second federal judge castigates attorneys who filed a lawsuit challenging the 2020 results | Rosalind S. Helderman/The Washington Post

Just before Christmas, two Colorado lawyers filed a federal lawsuit on behalf of 160 million American voters, alleging a vast conspiracy to steal the 2020 presidential election by the voting equipment manufacturer Dominion Voting Systems, Facebook, its founder Mark Zuckerberg, his wife Priscilla Chan and elected officials in four states — and asking for $160 billion in damages. The case was dismissed in April, but now a federal judge is considering disciplining the lawyers for filing a frivolous claim — sharply questioning the duo in a Friday hearing about whether they had allowed themselves to be used as “a propaganda tool” of former president Donald Trump. “Did that ever occur to you? That, possibly, [you’re] just repeating stuff the president is lying about?” Federal Magistrate Judge N. Reid Neureiter asked the two lawyers, Gary D. Fielder and Ernest John Walker, during a hearing to consider sanctioning them. The two lawyers argued they had a good-faith belief that the election was stolen and did not trust government officials and others who affirmed that it was secure and that there was not widespread fraud. It was the second time this week that a judge dressed down lawyers who filed cases alleging fraud in the 2020 election, as the legal system grapples with how to hold accountable those who used the court system to spread falsehoods about the vote.

Source: ‘A propaganda tool’ for Trump: A second federal judge castigates attorneys who filed a lawsuit challenging the 2020 results – The Washington Post

National: ‘Have you no shame?’ Biden frames voting rights as a moral reckoning | Katie Rogers/The New York Times

President Biden said on Tuesday that the fight against restrictive voting laws was the “most significant test of our democracy since the Civil War” and called Donald J. Trump’s efforts to overturn the 2020 election “a big lie.” In an impassioned speech in Philadelphia, Mr. Biden tried to reinvigorate the stalled Democratic effort to pass federal voting rights legislation and called on Republicans “in Congress and states and cities and counties to stand up, for God’s sake.” “Help prevent this concerted effort to undermine our election and the sacred right to vote,” the president said in remarks at the National Constitution Center. “Have you no shame?” But his words collided with reality: Even as Republican-led bills meant to restrict voting access make their way through statehouses across the country, two bills aiming to expand voting rights nationwide are languishing in Congress. And Mr. Biden has bucked increasing pressure from Democrats to support pushing the legislation through the Senate by eliminating the filibuster, no matter the political cost.

Full Article: Biden Speaks on Voting Rights in Philadelphia – The New York Times

Arizona: Maricopa County to spend $2.8M to replace voting machines | Lacey Latch Mary Jo Pitzl/Arizona Republic

Maricopa County will spend nearly $3 million to replace voting equipment that officials say was permanently tainted by the Arizona Senate’s election review. The county will spend millions to purchase and then destroy the old equipment that was subpoenaed for the audit as well as for new systems before the upcoming elections. The Board of Supervisors voted unanimously for the funding after the county announced June 28 it would not reuse most of the voting equipment that was in the possession of contractors for the audit. Secretary of State Katie Hobbs had previously warned the county that her office would move to decertify the machines if officials tried to use them in another election, citing concerns about the chain of custody after the Senate took possession of them. Hobbs said she consulted with experts and officials at the U.S. Department of Homeland Security and concluded there was no way to determine whether the machines were tampered with. As a result, the Board of Supervisors agreed to purchase all of the subpoenaed equipment from Dominion Voting Systems for disposal. The board intends to replace the equipment with new voting systems before the next election. “The frustrating thing is, those were perfectly good machines which passed all of our accuracy tests from the time we first got them in 2019. The taxpayer paid good money for them, but now this equipment will have to be decommissioned because the Senate didn’t take our warnings about chain-of-custody seriously,” said Board of Supervisors Chairman Jack Sellers in a released statement after the meeting. “When Senate leadership chose novices to conduct their audit rather than reputable, certified companies, they wasted an expensive investment that had served Maricopa County voters well in 2019 and 2020.”

Full Article: Arizona audit: Maricopa County to spend $2.8M to replace voting machines

National: Activists sue Election Assistance Commission over voting system guidelines | Associated Press

Key elements of the first federal technology standards for voting equipment in 15 years should be scrapped because language that would have banned the devices from connecting to the internet was dropped after private meetings held with manufacturers, according to a federal lawsuit filed Tuesday. The lawsuit against the U.S. Election Assistance Commission, filed in U.S. District Court in Washington, D.C., claims those meetings should have been open and that changes to the draft standards should have been shared with the commission’s advisory and standards boards. The lawsuit seeks to have those changes set aside. The standards, approved in February, did not include draft language that would have banned wireless technology from voting equipment under federal certification guidelines. Voting security experts say the machines will be vulnerable to hacking without such a ban. While the commission’s certification guidelines are voluntary, multiple states use them to set mandatory requirements for voting equipment. Federal law requires the agency to develop its guidelines for voting systems in public, said Susan Greenhalgh of the nonprofit Free Speech for People, the group that brought the lawsuit along with University of California, Berkeley computer scientist Philip Stark, who sits on the commission’s advisory board. Greenhalgh said that was not done ahead of the February vote by commissioners to ratify what had been draft standards. “Instead, the EAC brazenly flouted its legal obligation to adhere to a transparent process, choosing instead to invite the manufacturers into private meetings so they could alter the voting system standards to ease requirements and benefit the manufacturers,” she said.

Full Article: Activists sue federal agency over voting system guidelines

National: Kremlin papers appear to show Putin’s plot to put Trump in White House | Luke Harding, Julian Borger and Dan Sabbagh/The Guardian

Vladimir Putin personally authorised a secret spy agency operation to support a “mentally unstable” Donald Trump in the 2016 US presidential election during a closed session of Russia’s national security council, according to what are assessed to be leaked Kremlin documents. The key meeting took place on 22 January 2016, the papers suggest, with the Russian president, his spy chiefs and senior ministers all present. They agreed a Trump White House would help secure Moscow’s strategic objectives, among them “social turmoil” in the US and a weakening of the American president’s negotiating position. Russia’s three spy agencies were ordered to find practical ways to support Trump, in a decree appearing to bear Putin’s signature. By this point Trump was the frontrunner in the Republican party’s nomination race. A report prepared by Putin’s expert department recommended Moscow use “all possible force” to ensure a Trump victory. Western intelligence agencies are understood to have been aware of the documents for some months and to have carefully examined them. The papers, seen by the Guardian, seem to represent a serious and highly unusual leak from within the Kremlin.

Full Article: Kremlin papers appear to show Putin’s plot to put Trump in White House | Vladimir Putin | The Guardian

National: Lawmakers Pitch New Voting System for US Troops Stationed Overseas | Patricia Kime/Military.com

A bipartisan group of lawmakers is seeking to increase the number of U.S. service members who exercise their right to vote — especially those stationed in combat zones or deployed overseas. Sens. Tammy Duckworth, D-Ill., and John Cornyn, R-Texas, introduced a bill Tuesday that would establish a secure electronic voting system for those assigned to hazardous duty stations or on a rotational deployment. According to the senators, the fully auditable system would track votes from the time they are marked through the counting process. In a release, Duckworth said a new system is needed as part of an overall effort to “strengthen voting rights across the country.” “Service members face numerous barriers to voting that make it more difficult for them to participate in our democracy by exercising their right to vote,” she said. “[The bill] would increase access to the ballot box for troops.”

Full Article: Lawmakers Pitch New Voting System for US Troops Stationed Overseas | Military.com

National: Top generals mobilized on fears Trump wanted military post-election coup, book details | Rebecca Shabad/NBC

The chairman of the Joint Chiefs of Staff, Gen. Mark Milley, worried that then-President Donald Trump would try to use the military to attempt a coup after the 2020 election and vowed to prevent it. That’s according to a new book by Washington Post reporters Phil Rucker and Carol Leonnig, “I Alone Can Fix It: Donald J. Trump’s Catastrophic Final Year,” which will be released next week. The book, excerpts of which were obtained by NBC News, attributes the accounts of private conversations between military and government officials to myriad unnamed sources, including aides to those involved. Trump issued a statement Thursday denying that he had ever considered a coup and criticizing Milley, whom he said he appointed only because people he disliked had in turn disliked the general. “So ridiculous! Sorry to inform you, but an Election is my form of ‘coup,’ and if I was going to do a coup, one of the last people I would want to do it with is General Mark Milley,” Trump said.

Full Article: Top generals mobilized on fears Trump wanted military post-election coup, book details

National: Phony Audits = Real Threats to the Vote | Michael Waldman/Brennan Center for Justice

For two months, Republicans, conspiracy theorists, and “Stop the Steal” activists have been conducting an “audit” of Arizona’s presidential election results. Critics call it the “fraudit.” It devolved into a national joke as fevered partisans looked for evidence of bamboo fibers to prove that China had printed the ballots to give the state to Joe Biden. The spectacle is reportedly backfiring, as Arizona’s independent voters recoil. But it’s no joke. It shows how deeply Trump’s Big Lie that the 2020 election was stolen has seeped into American politics. And now similar partisan election reviews are beginning to spread across the country. In Pennsylvania last week, a state senator asked three counties, including Philadelphia, for access to election equipment and materials. The legislator, a leader in the state’s “Stop the Steal” movement, said he’s copying the method of election deniers in Maricopa County, Arizona, where this nonsense began. In response, Philadelphia’s Republican City Commissioner Al Schmidt, who is responsible for the city’s elections, retorted: “I would encourage our legislators to educate themselves to know that our election was certified and that it was audited, not once — but twice — and there was no doubt about the outcome. It was safe, it was secure, and it wasn’t even close.” In other words: Trump lost, Biden won. These sham “audits,” however, are anything but objective and secure. In a joint report with R Street Institute and Protect Democracy, we examined proposed and ongoing reviews of election results in five states — Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin.

Full Article: Phony Audits = Real Threats to the Vote | Brennan Center for Justice

Arizona: House committee launches investigation of GOP-comissioned election review | Eugene Scott/The Washington Post

The House Oversight and Reform Committee is launching an investigation into Arizona’s GOP-commissioned review of the 2020 presidential election and the private contractor leading the effort, whose chief executive has echoed former president Donald Trump’s false claims. Rep. Carolyn B. Maloney (D-N.Y.), chairwoman of the committee, and Rep. Jamie B. Raskin (D-Md.) sent a letter Wednesday to Douglas Logan, CEO of Cyber Ninjas, seeking correspondences, documents and other information about his Florida-based company’s review of nearly 2.1 million ballots cast in Maricopa County. “The committee is seeking to determine whether the privately funded audit conducted by your company in Arizona protects the right to vote or is instead an effort to promote baseless conspiracy theories, undermine confidence in America’s elections, and reverse the result of a free and fair election for partisan gain,” Maloney and Raskin, who heads the subcommittee on civil rights and civil liberties, wrote to Logan. A contact for Cyber Ninjas did not respond to The Washington Post’s request for comment. Joe Biden became the first Democratic presidential nominee to win Arizona in nearly 25 years — earning the state’s 11 electoral college votes, mostly because of the growth and diversification of Maricopa County, home to the fifth-largest city in the United States.

Full Article: House committee launches investigation of GOP-comissioned election review in Arizona – The Washington Post

Georgia: Some ballots initially double-counted in Fulton County before recount | Mark Niesse/The Atlanta Journal-Constitution

A duplicate write-in vote for singer Kanye West was a big clue that some absentee ballots had been counted twice in Fulton County. Digital ballot images made public under Georgia’s new voting law show nearly 200 ballots — including one for West — that election officials initially scanned two times last fall before a recount. There’s no indication any vote for president was counted more than once in official results. The discovery of identical ballots provides evidence to back up allegations of problems in the presidential election, but on a relatively small scale that had no bearing on the final certified count. A group of voters seeking to prove the election was fraudulent say double-counting is just the beginning of what they hope to find. … “It’s something that should never happen,” said Mark Lindeman, acting co-director for Verified Voting, an election integrity organization focused on voting technology. “I’m not trying to make excuses for a blunder, but under really difficult circumstances, people do things that are inexplicable, and that seems to be the case here.” Lindeman said he couldn’t recall another example of ballots being scanned twice anywhere in the country. He suggested stronger ballot tracking practices, with ballots divided into batches with unique identifying labels and cover sheets. Some jurisdictions imprint serial numbers on absentee ballots as they’re scanned for use during audits.

Full Article: Search for election fraud in Georgia finds 200 ballots scanned twice

Kansas: Judge to decide if top election official can withhold records by altering software | Sherman Smith/The Kansas City Star

An attorney for the American Civil Liberties Union of Kansas says the state’s open records law might as well not exist if Secretary of State Scott Schwab is allowed to keep public information hidden by reconfiguring software. Attorney Josh Pierson argued Wednesday in Shawnee County District Court for the release of provisional ballot data requested by Davis Hammet, a voter rights advocate who hoped to educate the public about why their ballots weren’t being counted. Hammet won a lawsuit last year over whether details about provisional ballots are a public record, and District Judge Teresa Watson ordered Schwab to turn the information over. The Republican secretary of state, whose agency oversees elections and manages a statewide voter database, instead ordered software engineers to remove the database function that allows the agency to produce the records. The secretary then denied Hammet’s request on the grounds that the records no longer exist. Schwab’s office told Hammet he could still get access to the data, but only if he paid $522 for the database vendor, Election Systems & Software, to retrieve it. Hammet sued again, with support from the ACLU. “This is gamesmanship,” Pierson said. “This was an attempt by the secretary to not have to produce these records that he litigated to not have to produce. He lost. He took matters into his own hands.”

Full Article: Schwab altered software to hide records, voting activist says. | The Kansas City Star

Louisiana’s Election Integrity Commission folds after two meetings | Wesley Muller/Louisiana Illuminator

After holding just two organizational meetings since it was founded this year in response to baseless allegations of voter fraud, the Louisiana Commission on Election Integrity and Voting was suspended on Thursday. Secretary of State Kyle Ardoin made the announcement in a news release, thanking the members for their service and saying he needs to focus on other work. “I sincerely thank Chairman Quentin Dastugue and all members of this commission for their willingness to serve,” Ardoin said. “However, at this time, my staff and I must focus on supporting the important work of studying Louisiana’s next voting system as mandated by statute.” Ardoin has been working for several years to find suitable replacements for the state’s outdated voting machines. The commission that Ardoin suspended was one he formed in April in an effort to appease some who alleged, without evidence, that Louisiana’s elections were fraudulent. Despite this, state lawmakers established their own version of a board that could investigate such allegations and provide oversight of the state’s procurement of new voting machines — the Louisiana Voting Systems Commission, formed by way of Senate Bill 221, which Gov. John Bel Edwards signed into law this month as Act 480.  The newer Voting Systems Commission is similarly established within the Louisiana Department of State “for the purpose of independently reviewing any proposals received by the secretary of state” for the sale of voting machines.

Full Article: Louisiana’s Election Integrity Commission folds after two meetings

Michigan GOP official: Trump a ‘malignancy’ who spouts election ‘lies’ | Craig Mauger/The Detroit News

One of two Republican members of Michigan’s Board of State Canvassers blasted Donald Trump during a Tuesday meeting, calling the former president a “malignancy.” Tony Daunt, who’s also a member of the Michigan GOP’s state committee, made the comments after a presentation by state Sen. Ed McBroom, R-Vulcan, whose Senate Oversight Committee led a seven-month investigation into the 2020 election and found no evidence of fraud. “I just want to thank you, the committee, for having the courage to do this report, to put the information out there without leaning on the scales, for having the courage to stand up against the malignancy that is Donald Trump and the people who have lacked the courage to stand up to him for the last six months,” Daunt said to McBroom. Norm Shinkle, the other GOP member of the Board of State Canvassers, adjourned the meeting soon after Daunt’s remark. The board is in charge of certifying election results in the state. After the meeting, Daunt, a longtime figure in GOP politics, said it’s unfortunate that Trump continues to “spout lies” that the election was rigged. Democrat Joe Biden won Michigan by 154,000 votes, or 3 percentage points. The state Senate’s probe, dozens of court rulings and bipartisan boards of canvassers have reinforced the outcome despite unproven claims of fraud by the former president and his supporters.

Full Article: Michigan GOP official: Trump a ‘malignancy’ who spouts election ‘lies’

New Hampshire: Windham audit blames discrepancy on folded ballots | Kevin Landrigan/New Hampshire Union Leader

The discrepancy found in Windham’s state representative races last November was caused by folds in mailed absentee ballots being misread by ballot-counting machines, not by partisan misbehavior, the forensic audit team concluded. In its 121-page report released Tuesday, the three-man audit team sought to put to rest suspicions about the 300-vote gains all four Republican candidates achieved after a hand recount of the Nov. 3 ballots. “We found no basis to believe that the miscounts found in Windham indicate a pattern of partisan bias or a failed election,” wrote Harri Hursti, Mark Lindeman and Phillip Stark, the three auditors chosen by the state and the town to conduct the review. In the first count on the night of Nov. 3, Republican Julius Soti won the fourth state representative seat by 24 votes over Democrat Kristi St. Laurent. But Soti’s win grew to 420 votes after a Nov. 12 hand recount requested by St. Laurent. All four GOP candidates picked up roughly 300 votes apiece, while St. Laurent’s vote total dropped by about 100 after the hand recount.

Full Article: Windham audit blames discrepancy on folded ballots