It started as one big, false claim — that the election was stolen from Donald Trump. But nearly a year later, the Big Lie is metastasizing, with Republicans throughout the country raising the specter of rigged elections in their own campaigns ahead of the midterms. The preemptive spin is everywhere. Last week it was Larry Elder in California, who — before getting trounced in the GOP’s failed effort to recall Gov. Gavin Newsom — posted a “Stop Fraud” page on his campaign website. Before that, at a rally in Virginia, state Sen. Amanda Chase introduced herself as a surrogate for gubernatorial candidate Glenn Youngkin and told the crowd, “Because the Democrats like to cheat, you have to cast your vote before they do.” In Nevada, Adam Laxalt, the former state attorney general running to unseat Democratic Sen. Catherine Cortez Masto, is already talking about filing lawsuits to “tighten up the election” — more than a year before votes are cast. And in Pennsylvania, former Rep. Lou Barletta, who is running for governor after losing a Senate race two years earlier, said he “had to consider” whether a Republican could ever win a race again in his state given the current administration of elections there. Trump may have started the election-truther movement. But what was once the province of an aggrieved former president has spread far beyond him, infecting elections at every level with vague, unspecified claims that future races are already rigged. It’s a fiction that’s poised to factor heavily in the midterm elections and in 2024 — providing Republican candidates with a rallying cry for the rank-and-file, and priming the electorate for future challenges to races the GOP may lose.
National: ‘Incredibly dangerous’: Trump is trying to get Big Lie promoters chosen to run the 2024 election | Daniel Dale/CNN
Swing state by swing state, former President Donald Trump is trying to get people who tried to overturn the 2020 election chosen to be in charge of the 2024 election. Trump's Monday endorsement of state Rep. Mark Finchem for Arizona secretary of state is the latest in a series of announcements that has alarmed independent elections experts. Trump has now backed Republicans who supported his lies about the 2020 election for the job of top elections official in three crucial battlegrounds -- Arizona, Michigan and Georgia -- where the current elections chiefs opposed his efforts to reverse his 2020 defeat. If people who have sought to undermine the 2020 election are running things in 2024, when Trump might be a candidate again, experts and many Democrats fear that attempts to subvert the will of the voters stand a much greater chance of success. "It is incredibly dangerous to support people for office who do not accept the legitimacy of the 2020 election. It suggests that they might be willing to bend or break the rules when it comes to running elections and counting votes in the future," said Rick Hasen, a professor of law and political science and co-director of the Fair Elections and Free Speech Center at the University of California, Irvine. "Someone who claims falsely that the 2020 election was stolen from Trump lacks credibility and cannot be trusted to run a fair election." Finchem, who has also promoted QAnon conspiracy theories, has been an especially aggressive promoter of the lies that the 2020 election was stolen from Trump and rife with "rampant" fraud. Finchem attended the January 6 "Stop the Steal" rally in Washington and was photographed outside the US Capitol that day (he denies any involvement in the riot there). And nearly eight months after President Joe Biden's inauguration, he continues to urge Arizona legislators to somehow overturn Biden's victory in the state.
National: Judge: Former EAC executive director Brian Newby violated law in voter form case | Roxana Hegeman/Associated Press
A former high-ranking election official violated federal law in 2016 when he granted requests by Kansas, Georgia and Alabama to modify the national voter registration form to require documentary proof of citizenship in those states, a federal judge ruled. U.S. District Judge Richard Leon threw out the contested decisions made by Brian Newby, then-executive director of the Election Assistance Commission, an independent federal agency, after finding on Thursday that Newby failed to determine whether the proposed requirements were necessary to register to vote. The long-delayed ruling by Leon has little practical effect since a federal appeals court had earlier granted a preliminary injunction in the case, blocking the enforcement of the requirement. In a separate case, the Kansas law requiring documentary proof of citizenship was found unconstitutional by a federal appeals court, and the U.S. Supreme Court declined to intervene. Leon remanded the requests for the changes sought by Georgia and Alabama to the Election Assistance Commission to reconsider in a manner consistent with his ruling, should those state continue to seek the state-specific instructions to the form. A requirement that prospective voters provide documents — such as a birth certificate or U.S. passport — in order to register to vote has long been championed by former Kansas Secretary of State Kris Kobach, who led former President Donald Trump’s now-defunct voter fraud commission. Kobach was a leading source for Trump’s unsubstantiated claim that millions of immigrants living in the U.S. illegally may have voted in the 2016 election.
Full Article: Judge: US election official violated law in voter form caseNational: Some Republicans Fear Tighter Election Rules Could Boomerang on the Party | Dante Chinni/Wall Street Journal
Since the 2020 election, Republicans in state legislatures have been tightening rules around voting and ballot security, passing more than 100 pieces of legislation in 24 states. Now some Republicans in Michigan, where they are weighing tightening voter rules, are pausing their efforts—in part because they believe some election-law changes could hurt their own party at the ballot box. This summer state Rep. Ann Bollin, the Republican who chairs the Michigan House Elections and Ethics Committee, said there was “not support” to make the absentee voting process more difficult. Ms. Bollin, herself a former township clerk, cited concerns from county clerks, including Republicans from largely conservative areas, who said the bills could have negative impacts on voter participation among voters of all stripes, Republicans as well as Democrats. The move has set off a fight within the state GOP over whether the new rules are necessary and whether they could actually hurt Republicans in the state. Other proposals have also been shelved for now. Michigan Republicans aren’t alone in their concerns. Party officials in a handful of other states voiced disapproval over the new proposals and laws. Full Article: Some Republicans Fear Tighter Election Rules Could Boomerang on the Party - WSJAlabama: MyPillow’s Mike Lindell to run ‘tests’ on voter list after meeting Merrill, Ivey – Howard Koplowitz/AL.com
MyPillow founder and Donald Trump adviser Mike Lindell plans to conduct “tests” on Alabama’s voter rolls after purchasing the list, said Alabama Secretary of State John Merrill, who along with Gov. Kay Ivey met with Lindell on Friday. Lindell, the founder and CEO of MyPillow who is Trump’s main attack dog in the former president’s battle contending the 2020 presidential election was stolen, is going to comb through the list of Alabama voters to determine whether the state has any ineligible people on it, including deceased residents. Merrill said he doesn’t expect Lindell to find evidence that Alabama’s voter list, which is available for purchase by anyone, is tainted. “We know we don’t put people on the voter rolls unless they’re qualified to be on the voter rolls,” the secretary of state told AL.com. Lindell, who set up the meeting with Merrill after attending Trump’s “Save America” rally in Cullman in late August, heaped praise on Alabama’s election procedures, ranging from the state’s voter ID law to how votes are tabulated in the state, according to Merrill. But Lindell “still believes there’s a potential to hack some equipment, even though we assured him none of our equipment is connected to the Internet,” the secretary of state said.
Full Article: MyPillow’s Mike Lindell to run ‘tests’ on Alabama voter list after meeting Merrill, Ivey - al.comAlaska election officials confident in Dominion voting equipment | Tim Rockey/Frontiersman
The Arizona Election Audit Is Still Unraveling in Chaos | David A. Graham/The Atlantic
If you’ve forgotten about the Arizona “audit” of Maricopa County’s votes in the 2020 election, you can be forgiven. At times, it seems like the audits’ backers have forgotten about it too. Arizona state-Senate Republicans launched the process this spring as a response to false claims of election fraud spread by several of themselves, as well as former President Donald Trump. The Senate hired Cyber Ninjas, a firm run by a “Stop the Steal” backer that has repeatedly declined to offer any evidence it is qualified for the job. The process was originally expected to conclude by May 14. This was a hard deadline, because the coliseum rented for the count was due to hold another event. But the count missed that deadline, and the process resumed later in May. May turned to June, and Donald Trump was reportedly telling people that he expected to be reinstated to the presidency in August, once the audit proved that fraud had tainted the election results. (Never mind that there remains no evidence of widespread fraud, and that there’s no mechanism for a former president to be reinstated mid-term.) By July, the due date was mid-August.
Full Article: The Arizona Election Audit Is Still Unraveling in Chaos - The AtlanticArizona: Cyber Ninjas, flouting court order, refuse to turn over public records to the Senate | Jeremy Duda/Arizona Mirror
Cyber Ninjas won’t hand over all of the documents that Senate President Karen Fann requested from the review it conducted of the 2020 election in Maricopa County, despite an order by the Arizona Court of Appeals that all such records be made public. Attorney Jack Wilenchik, who represents the Florida-based company that led the election review that Fann ordered, argued to the Senate’s lawyer that the staffing records and internal communications are not public records, and said Cyber Ninjas will not turn them over as the Senate president requested. The company will provide “full financial statements” about the audit, either as part of the report that will become public on Sept. 24, or shortly thereafter, Wilenchik wrote in an email to Senate attorney Kory Langhofer on Friday. And it will provide its communications with the Senate, which have not been made public, and any updated policies and procedures its subcontractors have used during the audit. But staffing records, as well as internal communications and communications with subcontractors, are private records, Wilenchik wrote. For example, Wilenchik said it would not be “practical, workable, fair or legal” for the company to be forced to turn over internal company emails about staffing and Cyber Ninjas’ performance of its contract with the Senate. “If the case were otherwise, then it would set an extremely unsettling precedent for all government contractors in this state and make it impossible for the State to do business,” Wilenchik wrote. Furthermore, Wilenchik said Fann’s request for all records that have “a substantial nexus to the audit” — a phrase that the Arizona Court of Appeals used to describe documents that the Senate must obtain and publicly release under the state’s public records law — is vague and difficult to define. Full Article: Cyber Ninjas, flouting court order, refuse to turn over public records to the SenateColorado: Cost of counting ballots multiple times could mount | Charles Ashby/Daily Sentinel
Kansas to pay $1.4M in legal fees for Kris Kobach-backed lawsuit fail | Andrew Bahl/Topeka Capital-Journal
A federal judge approved a deal Wednesday that would see the state pay out over $1.4 million in legal fees to a group of attorneys, including the American Civil Liberties Union, stemming from a prolonged court fight over a controversial voting law favored by former Secretary of State Kris Kobach. U.S. District Judge Julie Robinson signed off on the agreement, which is less than half of the $3.3 million initially requested by the groups. The parties reached an agreement on the matter and presented it to the judge Friday. The costs come from a five-year legal battle over legislation originally passed in 2011 and championed by Kobach, which required an individual present their birth certificate or passport in order to register to vote. The law was struck down by a federal judge in 2018 and the U.S. Supreme Court declined to hear an appeal of the case last year. After its introduction, the requirement was blamed for the suspension of thousands of voter registration applications, as residents didn't necessarily have the right documents to prove their citizenship.
Full Article: Kansas to pay $1.4M in legal fees for Kris Kobach-backed lawsuit failNorth Dakota IT audit to include review of election tech | Benjamin Freed/StateScoop
The North Dakota State Auditor’s office this week launched an extensive review of many of the state’s IT assets, including the machines and electronic systems it uses to conduct elections. The process, State Auditor Joshua Gallion said in a press release, is designed to help the state government be “proactive in its defense against cyber threats.” The audit is part of IT assessments that North Dakota conducts every two years, costing about $450,000. Along with the election infrastructure, auditors will also look over the North Dakota Information Technology Department, particularly any systems related to the state’s unemployment insurance program and the 11-campus North Dakota University System. The audit will be the first extensive review of voting equipment North Dakota acquired in 2019. That year, Secretary of State Al Jaeger’s office purchased more than 900 new devices, including optical ballot scanners, devices for helping voters with disabilities to mark paper ballots and machines for counting absentee and mail ballots, though that inventory was not subject to the last biennial audit. Full Article: North Dakota IT audit to include review of election techPennsylvania Senate Democrats sue Republicans to block election review subpoena | Jonathan Lai/Philadelphia Inquirer
Democrats in the Pennsylvania Senate sued their Republican colleagues Friday evening to block them from subpoenaing voter records as part of a review of the 2020 election. The lawsuit argues that the Republican effort unconstitutionally tramples on the separation of powers by stepping on the courts’ power to investigate and rule on election disputes and on the executive branch’s power, given specifically to the state auditor general, to audit how elections are run. The lawsuit also contends that the subpoena violates state election law because it requests voters’ private information, including driver’s license numbers and the last four digits of Social Security numbers. Senate Democrats “ask this Court to prevent violation of the Pennsylvania Election Code and the Pennsylvania Constitution through [Republican lawmakers’] untimely election contest and to protect the rights of the approximately 6.9 million Pennsylvanians who cast votes in the 2020 General Election, including protection from the unlawful disclosure of their private information” in the state voter database, the suit reads.
Full Article: Pa. Senate Democrats sue Republicans to block election review subpoenaWisconsin Republican State Senator Kathy Bernier uses position to combat election misinformation | Riley Vetterkind/Wisconsin State Journal
In red California, recall backers fuel unfounded claims of ‘rigged’ voting, bait workers | Diana Marcum and Priscilla Vega/Los Angeles Times
The Central Valley has long been a stronghold for red California. And on Tuesday, there were loud voices of support for the recall while some election workers had to deal with taunts over unfounded conservative claims of election fraud. The neighborhood of Fig Garden Loop in Fresno is known for big houses and yards full of fruit trees. Old money. Old farmers and ranchers. The polling place was at a business called Elite Venues. After her shift, election supervisor Rebekah Doughty said her lip hurt from biting it so hard, as almost half the voters who came in were spoiling for a fight. “They walked in just baiting: ‘How many dead people are voting here?’” “They questioned the pens. They said the machines didn’t read our type of pens.” “They pointed to the Dominion machines and said they were the center of the fraud.” Full Article: California recall backers fuel claims of 'rigged' voting - Los Angeles TimesPennsylvania Governor says he’s rescinding nomination of top election official over dispute with Senate GOP’s audit | Jan Murphy/PennLive
Gov. Tom Wolf said he has decided against subjecting his Acting Secretary of the Commonwealth Veronica Degraffenreid to a Senate confirmation process and, in a rare move, is recalling her nomination. Instead, the governor indicated he will have her serve in that role in an acting capacity. This decision comes amidst a growing dispute between the governor and Senate Republicans over the caucus’ move to launch an audit of the conduct of the 2020 presidential election. President Joe Biden defeated Donald Trump in Pennsylvania on his way to winning the White House, but some Republican lawmakers have continued to call for a review of the election. Wolf said based on the Senate Republican majority’s pursuit of an investigation into baseless claims of fraud that skewed the results in Biden’s favor, “it is clear that Veronica Degraffenreid will not receive a fair hearing from this Senate on her merits.”
Full Article: Wolf pulls election nominee, slams Senate GOP over handlingNational: Senate Democrats Forge Agreement On New Voting Legislation | Claudia Grisales and Juana Summers/NPR
Senate Democrats have reached a deal on revised voting rights legislation, but a major roadblock remains in the evenly divided chamber with Republicans ready to halt the bill's progress. The package is the latest attempt by Democrats to counteract Republican-led measures at the state level to restrict voting access and alter election administration. The new legislation, unveiled Tuesday morning by Minnesota Democratic Sen. Amy Klobuchar and several co-sponsors, builds off a framework proposed by Sen. Joe Manchin, D-W.Va., who had opposed an earlier, sweeping measure from his party. Along with Manchin, the new bill's co-sponsors are Democratic Sens. Raphael Warnock of Georgia, Jon Tester of Montana, Tim Kaine of Virginia, Jeff Merkley of Oregon and Alex Padilla of California, along with Maine independent Sen. Angus King. Republicans have been united in opposition to what they call a federal takeover of state election policy. With an evenly divided Senate, a GOP filibuster stands in Democrats' way, and their effort would fall short of the 60 votes needed to move the measure forward. Source: Senate Democrats Forge Agreement On New Voting Legislation : NPRNational: Senate Democrats near agreement on new voting rights legislation | Leigh Ann Caldwell and Teaganne Finn/NBC
Senate Democrats are close to an agreement on updated voting rights legislation that can get the support of all 50 Democratic-voting senators, three Democratic aides familiar with negotiations said. The For the People Act and the John Lewis Voting Rights Advancement Act were introduced in Congress in 2019 and 2021, respectively. Since their introductions, both have been voted on along party lines. The member-level discussions are complete, a source said, but staff members are going through the text to fix technical issues. No further details have been shared. The legislation would require the votes of 60 senators, including 10 Republicans, and it's unlikely that Democrats will get enough Republican supporters. The bill is part of congressional Democrats' broader campaign to strengthen voting laws at the federal level to fight restrictive voting laws passed in Republican-led states, such as Texas and Georgia.
Full Article: Senate Democrats near agreement on new voting rights legislationNational: Trump’s efforts to subvert the 2020 presidential election could put future fair elections in jeopardy | Rob Kuznia, Bob Ortega and Casey Tolan/CNN
When the election office led by Lisa Deeley first came under attack from then-President Donald Trump last year, it was more than a month before Election Day. Deeley, the chair of Philadelphia's three-member election commission and a Democrat, watched from home as Trump falsely claimed during the first 2020 presidential debate that poll watchers had already been turned away at early voting centers in Philadelphia. "Bad things happen in Philadelphia," Trump said. Deeley's cell phone immediately lit up with calls and text messages. "A lot of my family, my friends, got a little chuckle out of it, but I knew it wasn't at all something to laugh about," she told CNN. "It was just the beginning." Trump's efforts to subvert the election began well before Election Day, and have only gained momentum since, with Republicans passing laws to restrict voting or make it easier for partisans to interfere in more than a dozen states, including key battlegrounds. Most recently, in Texas, Gov. Greg Abbott signed an election bill into law last week over the fierce objection of the state's Democrats, who, in hopes of derailing similar restrictions proposed earlier this summer, had fled the state two times en masse.
National: Lawmakers seek to protect election workers | Linda So and Jason Szep/Reuters
Democratic Congress members called for tougher legislation to address death threats against U.S. election administrators following a Reuters report that exposed a lack of arrests in response to a wave of intimidation targeting the workers since November’s presidential election. In a report published on Wednesday, Reuters identified more than 100 threats of death or violence made to election workers and officials, part of an unprecedented campaign of intimidation inspired by former President Donald Trump’s false claims that the 2020 election was stolen. The response from U.S. law enforcement has so far produced only four known arrests and no convictions. “This is a real problem, and it needs attention,” said Representative John Sarbanes, a Maryland Democrat. “If they are under attack, our democracy is very much under attack.” In late June, Sarbanes was among a group of Democratic House members and senators who introduced the Preventing Election Subversion Act, which would make it a federal crime to intimidate, threaten, coerce, or harass an election worker. It would also seek to limit “arbitrary and unfounded removals of local election officials.” At about the same time, the U.S. Department of Justice announced a task force to investigate threats against election workers.
Full Article: U.S. lawmakers seek to protect election workers after Reuters investigation | ReutersArizona Supreme Court allows release of Senate audit records | Bob Christie/Associated Press
The Arizona Supreme Court on Tuesday rejected an effort by the state Senate to keep secret records of its ongoing review of the 2020 election in Maricopa County that are in the possession of the contractors conducting the recount. The high court without comment rejected the appeal filed after an appeals court and trial court both ruled the documents are public records that must be released. The court also dissolved a stay on the appeals court ruling it put in place on Aug. 24 so it could review the record and decide whether to accept the appeal. The Arizona Court of Appeals had ruled that the documents sought by the watchdog group American Oversight detailing how the recount and audit are being conducted are public and must be turned over. Republicans who control the Senate have tried for months to keep secret how their contractors are conducting the recount. They argued that because the records are maintained by Senate contractors, they were not subject to public records law and that legislative immunity applies. But the appeals court in its Aug. 19 ruling rejected that argument. The court said the main contractor, Florida company Cyber Ninjas, was subject to the records law because it was performing a core government function that the Senate farmed out.
Full Article: Arizona Supreme Court allows release of Senate audit recordsCalifornia: False Election Claims in Recall Reveal a New G.O.P. Normal | Nick Corasaniti/The New York Times
The results of the California recall election won’t be known until Tuesday night. But some Republicans are already predicting victory for the Democrat, Gov. Gavin Newsom, for a reason that should sound familiar. Soon after the recall race was announced in early July, the embers of 2020 election denialism ignited into new false claims on right-wing news sites and social media channels. This vote, too, would supposedly be “stolen,” with malfeasance ranging from deceptively designed ballots to nefariousness by corrupt postal workers. As a wave of recent polling indicated that Mr. Newsom was likely to brush off his Republican challengers, the baseless allegations accelerated. Larry Elder, a leading Republican candidate, said he was “concerned” about election fraud. The Fox News commentators Tomi Lahren and Tucker Carlson suggested that wrongdoing was the only way Mr. Newsom could win. And former President Donald J. Trump predicted that it would be “a rigged election.” This swift embrace of false allegations of cheating in the California recall reflects a growing instinct on the right to argue that any lost election, or any ongoing race that might result in defeat, must be marred by fraud. The relentless falsehoods spread by Mr. Trump and his allies about the 2020 election have only fueled such fears.
Full Article: False Election Claims in California Reveal a New G.O.P. Normal - The New York Times