Texas elections law carries costs and threat of litigation for all 254 counties | Allie Morris/Dallas Morning News

In Tom Green County last election, the line of people waiting to cast a ballot from their vehicle sometimes wrapped around the block. The farming and ranching hub in West Texas was one of a handful of places to roll out drive-through voting in the pandemic, drawing enthusiastic support from locals. “It just happened to benefit some people who had kids with them or people who couldn’t stand for a long time,” said elections administrator Vona Hudson. “I can’t tell you how many people appreciated it and called and thanked us.” Tom Green County couldn’t be more different than Harris, the large, liberal county whose novel voting initiatives triggered a months-long legislative fight over voting rights. Yet now, both must account for the new GOP-backed elections law that will have sweeping effects for all 254 counties. The law bars counties from offering drive-through and 24-hour voting, like Houston’s Harris County did. Other, less high-profile provisions could cost taxpayers thousands, if not millions, of dollars. Not only must counties buy new equipment and come up with new election forms, they are now open to potentially costly lawsuits and fines, election officials said.

Full Article: New Texas elections law carries costs and threat of litigation for all 254 counties

Texas Republicans plan expanded election audits | Reid Wilson/The Hill

Texas Republican legislators coming off a successful effort to overhaul the state’s election procedures are preparing new legislation that would dramatically expand the rights of candidates and political party bosses to force mandatory audits of future elections. The legislation, introduced by a former elections official who now serves in the state Senate, would allow those with a direct stake in election outcomes to formally seek answers from county clerks about potential irregularities in reported results and to elevate concerns to the Texas secretary of state. Those who could raise potential objections to election results include a candidate, the chair of a county or state political party, the presiding county judge — effectively a county’s top executive — or the proponents or opponents of a ballot measure campaign. The secretary of state would be allowed to order a review and potentially an audit. The legislation is written to grandfather in complaints about the 2020 presidential election, giving new life to former President Trump’s unfounded claims of widespread irregularities that have not been proven.

Full Article: Texas Republicans plan expanded election audits | TheHill

Wisconsin: ‘It’s a waste of time’: A pair of Republicans take aim at partisan election reviews | Patrick Marley/Milwaukee Journal Sentinel

Two Republicans ripped into GOP efforts to review Wisconsin’s presidential election Wednesday, calling it a waste of money that would needlessly damage the public’s views of a properly run election. "We need leaders who are focused on governing, not pushing unfounded lies about a settled election nine months after the fact. These types of election reviews aren't just wasting time and costing taxpayers money. They are actively threatening the health of our democracy," said Christine Todd Whitman, a former New Jersey governor who served as the administrator of the U.S. Environmental Protection Agency under President George W. Bush. The pushback comes a week after Republican U.S. Sen. Ron Johnson said "there's nothing obviously skewed" about Joe Biden's victory in Wisconsin and argued officials should not focus on analyzing voting machines. Meanwhile, Republican election clerks — including one who recently reviewed results in her county — this week said they're confident in how the election was conducted. Despite those sentiments, Assembly Republicans have ramped up their review of the election and have discussed seizing ballots and voting machines from municipal clerks. "It’s a waste of time, a waste of energy and a waste of taxpayer dollars," said Trey Grayson, Kentucky's former secretary of state. "And unfortunately these actions make our elections less secure and ultimately make our country worse off."  "I still consider myself a Republican," he added. "I worry about the future of election security and the future of the Republican Party."

Full Article: Pair of Republicans take aim at partisan election reviews in Wisconsin

National: How G.O.P. Election Reviews Created a New Security Threat | Nick Corasaniti/The New York Times

Late one night in May, after surveillance cameras had inexplicably been turned off, three people entered the secure area of a warehouse in Mesa County, Colo., where crucial election equipment was stored. They copied hard drives and election-management software from voting machines, the authorities said, and then fled. The identity of one of the people dismayed state election officials: It was Tina Peters, the Republican county clerk responsible for overseeing Mesa County’s elections. How the incident came to public light was stranger still. Last month in South Dakota, Ms. Peters spoke at a disinformation-drenched gathering of people determined to show that the 2020 election had been stolen from Donald J. Trump. And another of the presenters, a leading proponent of QAnon conspiracy theories, projected a portion of the Colorado software — a tool meant to be restricted to election officials only — onto a big screen for all the attendees to see. The security of American elections has been the focus of enormous concern and scrutiny for several years, first over possible interference or mischief-making by foreign adversaries like Russia or Iran, and later, as Mr. Trump stoked baseless fears of fraud in last year’s election, over possible domestic attempts to tamper with the democratic process. But as Republican state and county officials and their allies mount a relentless effort to discredit the result of the 2020 contest, the torrent of election falsehoods has led to unusual episodes like the one in Mesa County, as well as to a wave of G.O.P.-driven reviews of the vote count conducted by uncredentialed and partisan companies or people. Roughly half a dozen reviews are underway or completed, and more are being proposed. These reviews — carried out under the banner of making elections more secure, and misleadingly labeled audits to lend an air of official sanction — have given rise to their own new set of threats to the integrity of the voting machines, software and other equipment that make up the nation’s election infrastructure.

Full Article: How G.O.P. Election Reviews Created a New Security Threat - The New York Times

National: New Texas voting bill deepens growing disparities in how Americans can cast their ballots | Elise Viebeck/The Washington Post

Red and blue states are increasingly moving in opposite directions on how millions of Americans can cast their ballots, exacerbating a growing divide as Republicans in states across the country — most recently Texas — impose new voting restrictions, while Democrats in others expand access. The conflicting trends are widening the disparities in election policy in the wake of the 2020 election, with Republicans heeding former president Donald Trump’s calls to tighten rules and Democrats moving to make permanent many voting policies that helped turnout soar during the pandemic. At least 18 states this year enacted 30 laws restricting access to voting, according to an analysis as of mid-July by the nonpartisan Brennan Center for Justice. That includes 11 states — nine of which supported Trump in 2020 — that only imposed restrictions and seven other states that both restricted and expanded voting access. An additional 18 states — nearly all of which backed President Biden — enacted laws that solely expanded access, the analysis shows.

Full Article: New Texas voting bill deepens growing disparities in how Americans can cast their ballots - The Washington Post

National: State GOP leaders push new 2020 election reviews as Arizona report looms | Zach Montellaro/Politico

Full Article: State GOP leaders push new 2020 election reviews as Arizona report looms - POLITICO

National: After voters embraced mail ballots, GOP states tighten rules | Anthony Izaguirre and Christina A. Cassidy/Associated Press

A monthslong campaign by the Republican Party, fueled in part by the false narrative of widespread fraud in last year’s presidential election, has led to a wave of new voting laws that will tighten access to the ballot for millions of Americans. The restrictions especially target voting methods that have been rising in popularity across the country, erecting hurdles to mail balloting and early voting that saw explosive growth during the pandemic. More than 40% of all voters last fall cast mail ballots, a record. Texas is the latest state to crack down, after the Republican-controlled Legislature passed a bill Tuesday taking aim at Democratic-leaning counties that have sought to expand access to the ballot. “Regardless of motives, these bills hurt voters,” said Isabel Longoria, the election administrator of Harris County, which includes Houston. “Voters are going to feel this the next time they go vote, and that’s what I’m most worried about.”

Full Article: After voters embraced mail ballots, GOP states tighten rules

National: Heeding Steve Bannon’s Call, Election Deniers Organize to Seize Control of the GOP — and Reshape America’s Elections | Isaac Arnsdorf, Doug Bock Clark, Alexandra Berzon and Anjeanette Damon/ProPublica

One of the loudest voices urging Donald Trump’s supporters to push for overturning the presidential election results was Steve Bannon. “We’re on the point of attack,” Bannon, a former Trump adviser and far-right nationalist, pledged on his popular podcast on Jan. 5. “All hell will break loose tomorrow.” The next morning, as thousands massed on the National Mall for a rally that turned into an attack on the Capitol, Bannon fired up his listeners: “It’s them against us. Who can impose their will on the other side?” When the insurrection failed, Bannon continued his campaign for his former boss by other means. On his “War Room” podcast, which has tens of millions of downloads, Bannon said President Trump lost because the Republican Party sold him out. “This is your call to action,” Bannon said in February, a few weeks after Trump had pardoned him of federal fraud charges. The solution, Bannon announced, was to seize control of the GOP from the bottom up. Listeners should flood into the lowest rung of the party structure: the precincts. “It’s going to be a fight, but this is a fight that must be won, we don’t have an option,” Bannon said on his show in May. “We’re going to take this back village by village … precinct by precinct.” Precinct officers are the worker bees of political parties, typically responsible for routine tasks like making phone calls or knocking on doors. But collectively, they can influence how elections are run. In some states, they have a say in choosing poll workers, and in others they help pick members of boards that oversee elections.

Full Article: Heeding Steve Bannon’s Call, Election Deniers Organize to Seize Control of the GOP — and Reshape America’s Elections — ProPublica

National: Misinformation on Facebook beats factual news when it comes to clicks, study finds | Elizabeth Dwoskin/The Washington Post

A new study of user behavior on Facebook around the 2020 election is likely to bolster critics’ long-standing arguments that the company’s algorithms fuel the spread of misinformation over more trustworthy sources. The forthcoming peer-reviewed study by researchers at New York University and the Université Grenoble Alpes in France has found that from August 2020 to January 2021, news publishers known for putting out misinformation got six times the amount of likes, shares, and interactions on the platform as did trustworthy news sources, such as CNN or the World Health Organization. Ever since “fake news” on Facebook became a public concern following the 2016 presidential election, publishers who traffic in misinformation have been repeatedly shown to be able to gain major audiences on the platform. But the NYU study is one of the few comprehensive attempts to measure and isolate the misinformation effect across a wide group of publishers on Facebook, experts said, and its conclusions support the criticism that Facebook’s platform rewards publishers that put out misleading accounts. The study “helps add to the growing body of evidence that, despite a variety of mitigation efforts, misinformation has found a comfortable home — and an engaged audience — on Facebook,” said Rebekah Tromble, director of the Institute for Data, Democracy and Politics at George Washington University, who reviewed the study’s findings. In response, Facebook said that the report measured the number of people who engage with content, but that is not a measure of the number of people that actually view it (Facebook does not make the latter number, called impressions, publicly available to researchers).

Full Article: Misinformation on Facebook beats factual news when it comes to clicks, study finds - The Washington Post

Arizona Senate releases more records of 2020 election review | Bob Christie/Associated Press

Lawyers representing the Republican-controlled Arizona Senate in a review of 2020 election results in the state’s most populous county released a slew of communications between GOP lawmakers, their audit liasions and others under a court order obtained by a watchdog group that is fighting for transparency in the election recount. Among the communications were text messages from a top campaign official of former President Donald Trump to Senate liaison Randy Pullen asking where to send $175,000 to help pay for the partisan recount. Former Trump campaign chief operating officer and ex-Arizona state Treasurer Jeff DeWit also asked Pullen if another group raising funds for the audit was legitimate, saying “Trump asking.” The Senate records were not complete. Senate attorney Kory Langhofer told a judge Wednesday that it withheld nearly 3,000 records because they contained legislative or attorney-client communications he says are privileged. Other records sought by American Oversight remain the subject of a court battle. A judge had also ordered the Senate’s contractor, including the Florida company that is overseeing the audit, to produce its records.

Full Article: Arizona Senate releases more records of 2020 election review

California: Security of some ballot-marking devices could be vulnerable in recall election, researchers say | John Myers/Los Angeles Times

A group of voting security researchers, alarmed by recent disclosure of sensitive election system software by an ally of former President Trump, want California officials to conduct a statewide post-election review of ballots cast in the Sept. 14 recall targeting Gov. Gavin Newsom. Their request, made just days before in-person voting begins in several counties, threatens to drag California into the tumultuous national debate over election security. “While the software versions are not identical to those used in California, differences are relatively minor,” the group said in its letter Thursday to Secretary of State Shirley Weber. “The release materially elevates threats to the trustworthiness of the ongoing California recall election and to public trust in the election.” The researchers who wrote to Weber acknowledged California’s strong record on election security. But they argued the public discussion of Dominion products by Mike Lindell, the chief executive of My Pillow and an informal advisor to Trump, was tantamount to a serious breach of election system security. Jenna Dresner, a spokeswoman for Weber, said Friday that the election systems used in California are secure and the state has launched a pilot program for risk-limiting audits with plans to expand the effort to all counties by 2023. Full Article: Experts question California recall ballot-marking devices - Los Angeles Times

California: Experts call for rigorous audit to protect recall election | Christina A. Cassidy and Kate Brumback/Associated Press

A group of election security experts on Thursday called for a rigorous audit of the upcoming recall election for California’s governor after copies of systems used to run elections across the country were released publicly. Their letter sent to the secretary of state’s office urges the state to conduct a type of post-election audit that can help detect malicious attempts to interfere. The  statewide recall targeting Democratic Gov. Gavin Newsom, set for Sept. 14, is the first election since copies of Dominion Voting Systems’ election management system were distributed last month at an event organized by MyPillow CEO Mike Lindell, an ally of former President Donald Trump who has made unsubstantiated claims about last year’s election. Election offices across 30 states use the Dominion system, including 40 counties in California. Election security experts have said the breaches, from a county in Colorado and another in Michigan, pose a heightened risk to elections because the system is used for a number of administrative functions — from designing ballots and configuring voting machines to tallying results. In the letter, the experts said they do not have evidence that anyone plans to attempt a hack of the systems used in California and are not casting blame on Dominion. “However, it is critical to recognize that the release of the Dominion software into the wild has increased the risk to the security of California elections to the point that emergency action is warranted,” the experts wrote in their letter, which was shared with The Associated Press. The eight experts signing the letter include computer scientists, election technology experts and cybersecurity researchers.

Full Article: Experts call for rigorous audit to protect California recall

California: Latest Wave of Fake News Concerns Mail Ballot Fraud in Recall Election | Sameea Kamal/Times of San Diego

You’ve seen the posts on Twitter and Facebook, or maybe someone forwarded a WhatsApp message about suspicious activity with California’s recall ballots. Unfounded rumors about election security have always been around, but they’ve been rampant since the 2020 election and former President Trump’s “Stop the Steal” movement. Despite those allegations, the 2020 elections were found to be “the most secure in American history,” according to a statement from a coalition of government and election industry officials. Claims of fraud in California’s recall election have been amplified on social media by some recall supporters, as well by some of the candidates themselves, including Larry Elder, the Republican talk show host leading most polls. So ahead of the Sept. 14 election, state and county election officials are emphasizing transparency — including allowing observers to watch the vote count — and ramping up messages to combat disinformation. On television and social media, the secretary of state’s office is running spots about how votes are safeguarded, including independent testing, paper trails and audits.   On Sept. 2, a group of election security experts urged California to conduct a thorough post-election audit because the recall is the first contest after copies of systems used to run elections were released publicly, the Associated Press reported. Full Article: Latest Wave of Fake News Concerns Mail Ballot Fraud in California's Recall Election - Times of San Diego

Colorado county election official allegedly pressured employees to not cooperate with investigation into security breach | Paul P. Murphy/CNN

County administrators in Colorado have opened an investigation into an election official after employees complained she was pressuring them not to cooperate with a joint local, state and federal criminal investigation into an election system security breach discovered last month, a source told CNN. Deputy clerk Belinda Knisley of the Mesa County Clerk and Recorders office has been placed on paid administrative leave due to a "confidential personnel matter," CNN previously reported. A source in the Mesa County government tells CNN that the "confidential personnel matter" refers to an open county human resources investigation in which Knisley is accused of pressuring fellow clerk employees -- her subordinates -- not to cooperate with the criminal investigation into the breach. When Knisley caught wind of the HR investigation, the source said that Knisley also then pressured employees not to cooperate with it. Knisley was arrested on Wednesday, charged with felony burglary and misdemeanor cyber crime. As part of her bail conditions, Knisley agreed to have no contact with any clerk employees.

Full Article: Colorado county election official allegedly pressured employees to not cooperate with investigation into security breach - CNNPolitics

Georgia Election Officials Prep For New Voting Law’s Impact | Stephen Fowler/Georgia Public Broadcasting

It would be easy to lose track of all the changes to Georgia’s voting rules made by the 98-page Senate Bill 202, but for local elections officials, that’s not an option. Across three days this week, hundreds of county supervisors, elections board members, probate judges and staff received hands-on training at the Georgia Association of Voter Registration and Elections Officials conference on Jekyll Island. The session dealing with SB 202 ran for more than an hour, with the Secretary of State’s office going section by section to make sure no alteration goes unnoticed. While Republicans, Democrats and federal lawsuits have zeroed in on a few higher-profile parts of the bill, dozens of pages of it that people aren’t talking about more directly affect how local officials do their jobs. Full Article: Georgia Election Officials Prep For New Voting Law’s Impact | Georgia Public Broadcasting

Maryland settles lawsuit over machines used by blind voters | Pamela Wood/Baltimore Sun

The state of Maryland will pay $230,000 to settle a lawsuit brought by visually impaired voters and the National Federation of the Blind that alleged the state’s electronic voting machines compromised voter secrecy and violated the Americans with Disabilities Act. Three voters and the federation sued the state in federal court two years ago, detailing problems with the electronic devices, which are often used by voters with vision impairments or other disabilities. Since 2016, most Maryland voters have used paper ballots marked with a pen. Before that, all voters used touch screen machines. The lawsuit contended that in some instances, election judges were poorly trained or that the voting machines, known as “ballot marking devices,” were inoperable. And the lawsuit noted that the ballot marking device prints out a ballot that’s a different size and shape than the paper ballots used by other voters. That means that if only one voter used the ballot marking devices at a voting location, their ballot could be identified among the rest. After months of settlement negotiations, the state and the plaintiffs reached an agreement in August. The Maryland Board of Public Works, a three-member panel that oversees state spending, voted unanimously and without discussion Wednesday to approve the settlement and $230,000 payment.

Full Article: Maryland settles lawsuit over machines used by blind voters - Baltimore Sun

Editorial: The lessons from Trump’s ‘Kraken’ lawyer sanctions in Michigan – How to protect against this type of attack in the future | Scott L. Cummings/NBC

The only thing surprising about U.S. District Judge Linda Parker’s order early last month imposing monetary sanctions on nine Trump attorneys was that it was so long in coming. These lawyers — led by conspiracy-theorists-in-chief Sidney Powell and Lin Wood — made outlandish claims of election fraud in Michigan and other key battleground states, all of which were roundly rejected by every court that considered them. The Michigan suit was part of multistate litigation that Powell called the “Kraken” after the mythic sea monster (the release of which she claimed would destroy President Joe Biden’s victory). The Trump legal team made unsubstantiated claims of computerized ballot stuffing by a deceased foreign dictator and late-night ballot dumps by mysterious trucks, leading Parker to lambaste the lawsuit as “a historic and profound abuse of the judicial process.” The Kraken suit, and others brought by Trump campaign attorneys, imposed a stress test on the American legal system by seeking to co-opt courts to advance a fabricated account of the election results. Parker’s order suggests that the American system passed this test — just barely, and just for now. To protect against this type of attack in the future requires a concerted effort by the entire legal profession. It is therefore crucial that the lawyers on the bench and in the bar take seriously what they can do — and must do — better. Source: Scott L. Cummings: The lessons from Trump's 'Kraken' lawyer sanctions in Michigan

Missouri Secretary of State wants ban on helping voters fix absentee ballot mistakes | Jonathan Shorman/The Kansas City Star

Missouri Secretary of State Jay Ashcroft wants the General Assembly to ban local election workers from helping voters correct mistakes on absentee ballots, a change that could keep some votes from being counted. The request adds to a growing list of measures advanced by Republicans to alter the state’s election laws, including restoring rules requiring voters to show a photo ID and making it harder to amend the state constitution through ballot measures. Lawmakers failed to pass most proposals earlier this year, but proponents are signaling they will try again in 2022. The proposals come as GOP legislators indulge lingering conspiracy theories surrounding the 2020 presidential election. Missouri Republicans are also keen on curbing Democrats’ success at passing progressive policies through statewide votes. Medicaid expansion, medical marijuana and minimum wage increases have all been approved by voters in recent years. “We would like to see legislation that does not allow for curing of absentee ballots,” Deputy Secretary of State Trish Vincent told the House Elections Committee last week, ‘curing’ being a common term for fixing errors. Full Article: Top MO elections official: ban absentee ballot ‘curing’ | The Kansas City Star

Nevada: Federal, state election officials stymie rural Lander County commissioners’ proposed 2020 election audit | Sean Golonka/The Nevada Independent

State election officials and the Department of Justice intervened last week to thwart an attempt by Lander County commissioners to audit the county’s electronic voting machines, which hold physical voting records from the 2020 general election. The county’s election official is required under federal law to retain and preserve those records for 22 months after the election. At the same time, county commissioners are also considering converting to entirely paper elections — largely viewed as more time-consuming and error-prone — by restricting use of all electronic machines in the election process. In August — more than nine months after the 2020 general election — Lander County Manager Bert Ramos requested to the county clerk (at the direction of the county commission) that all of the county’s 26 electronic voting machines be transferred from the clerk’s office into the custody of the county manager’s office. In an interview with The Nevada Independent, Lander County Clerk Sadie Sullivan confirmed that the commissioners intended to conduct a post-election audit of the machines in order to determine whether they had been tampered with or if they had been connected to the internet (the machines run on a closed system and are certified by the federal government to not rely on internet connectivity). Sullivan also said the county hired a legal team to examine the machines. Full Article: Federal, state election officials stymie rural Lander County commissioners' proposed 2020 election audit - The Nevada Independent

14 Pennsylvania Republican lawmakers go to court to challenge mail-in voting law 11 of them voted for | Marc Levy/Associated PRess

Fourteen Republican state lawmakers have filed a new lawsuit challenging Pennsylvania’s mail-in voting law, calling it unconstitutional and asking for it to be thrown out — even though 11 of those lawmakers supported it just two years ago. The legal challenge was filed just before midnight Tuesday in the state Commonwealth Court. It is the latest attempt by Republicans to invalidate the 2019 law that GOP lawmakers almost unanimously supported. The central claim of the lawsuit is that the law — which allowed no-excuse voting by mail — violates a constitutional provision that requires lawmakers to provide a way for people to vote if they are unable to do so in person for specific reasons. Those reasons include being out of town on business, illness, physical disability, Election Day duties or a religious observance. But the lawsuit contends that the 2019 law violates that because it allows people to vote by mail even if they do not meet fall under one of those categories. Full Article: 14 Pa. Republican lawmakers go to court to challenge mail-in voting law 11 of them voted for | Pittsburgh Post-Gazette

Texas Senate too late with hastily conjured bill allowing party officials to trigger audits of 2020 election | Alexa Ura/The Texas Tribune

Fresh off their success passing legislation to tighten Texas voting laws, Republicans in the Texas Senate worked to hastily push through a bill filed just two days ago that would pave the way for county audits of the 2020 general election and set new rules for handling charges of irregularity in future elections. The Texas Senate signed off on Senate Bill 97 on a 17-14 vote Thursday to create a new county-level auditing process for elections and give all state or county party officials the ability to trigger mandatory reviews. It was filed by state Sen. Paul Bettencourt, R-Houston, who has acknowledged the Senate is “operating a little bit at warp speed” to move the legislation in the waning days of the special legislative session. The House never considered it, as time ran out on the special legislative session. The bill was filed Tuesday, the same day the Senate suspended three rules so the legislation could be considered in committee the next morning. It was voted out Wednesday by the Republican-majority committee, setting it up to reach the Senate floor Thursday, where more rules were suspended to grant it swift passage. But the Senate’s rush was in vain. Just a few hours after it passed the measure, both chambers decided not to continue through the weekend, instead ending the special legislative session a few days early.

Full Article: Texas Senate bill would have let party officials trigger audits of 2020 election | The Texas Tribune

Wisconsin: Milwaukee, Brown County clerks refuse to turn over ballots, voting machines to GOP lawmaker, but issue could escalate | Patrick Marley/Milwaukee Journal Sentinel

The top election officials in Milwaukee and Brown counties refused Friday to turn over ballots, voting machines and other material to a Republican state lawmaker because subpoenas she issued last month have been deemed invalid by nonpartisan legislative attorneys. "Milwaukee County’s elections are transparent and fair. We have proven this fact on numerous occasions," said a statement from George Christenson, a Democrat serving in his second term as Milwaukee County clerk. Hours after Christenson issued his statement, an attorney for Brown County Clerk Patrick Moynihan released a letter saying he was taking the same stance. Moynihan is a Republican who was elected to his first term less than a year ago. While officials from the two counties said they would not comply with Rep. Janel Brandtjen’s subpoenas, they could soon face new demands for documents — ones with far more legitimacy. Assembly Speaker Robin Vos of Rochester last week said he will sign subpoenas as part of an investigation of the 2020 election if the attorney overseeing the probe believes they are necessary. Subpoenas signed by Vos could lead to a legal standoff. Some Democrats and election officials have said clerks should not turn over their material as part of an investigation into an election that multiple courts have found to be valid. Further, the U.S. Department of Justice has warned officials they could violate federal laws if they don’t maintain custody of their election records.

Full Article: Milwaukee, Brown counties refuse to turn over ballots to GOP lawmaker

Wisconsin: Milwaukee County prepared to reject election subpoena | Scott Bauer/Associated Press

Milwaukee County’s chief elections clerk indicated Thursday that he was not going to comply with a subpoena issued by a Republican lawmaker requiring him to turn over ballots and voting machines to a GOP-controlled legislative committee next week. State Rep. Janel Brandtjen, chairwoman of the Assembly Elections Committee, issued subpoenas to election clerks in Milwaukee and Brown counties on Aug. 6 ordering them to appear before her committee at noon on Tuesday with the requested material. However, the Legislature’s nonpartisan attorneys issued two memos saying the subpoenas needed the signature of Assembly Speaker Robin Vos to be valid. Vos has said he won’t sign them but would support subpoenas sought by former Wisconsin Supreme Court Justice Michael Gableman, who is leading a separate investigation ordered by Vos. Gableman has yet to issue any subpoenas. “It’s common knowledge that the (Legislature’s attorneys) have issued two memos indicating the subpoena is invalid,” Milwaukee County Clerk George Christenson told The Associated Press in an interview Thursday. “Speaker Vos has indicated he’s not signing them, so I believe one can guess our response. However, we wanted to do our due diligence.” Christenson also noted that the subpoena, which is nearly identical to a letter submitted by a Republican lawmaker in Pennsylvania for elections data, equipment and ballots in that state, asks for signature-matching software that isn’t used in Wisconsin. “It was clearly just a cut-and-paste job,” Christenson said of Brandtjen’s subpoena.

Full Article: Milwaukee County prepared to reject election subpoena

National: Their work secured the election. It also paved the way for pro-Trump conspiracies. | Kevin Collier/NBC

Watching coverage of pro-Trump rioters storm the Capitol building Jan. 6, Matt Bernhard had to wonder: How much were he and his colleagues to blame? “We spent the last five years putting in all this work,” said Bernhard, an engineer at VotingWorks, a nonprofit election technology company, and an expert in election cybersecurity. “And somehow despite all that, there was the worst insurrection in the country since the Civil War because people don’t trust the outcome.”  Like all cybersecurity research, election security relies heavily on the premise that to make any system better, you first need to draw attention to the ways people can hack it. Bernhard’s peers have done that with gusto since the beginning of the Trump administration. They’ve showed how, in the right isolated circumstances, a voter registration machine can be rewired to play the 90s computer game Doom, or how a child could hack a vulnerable website that was coded to look like Florida’s election night reporting site. While their research heavily contributed to security upgrades ahead of the contentious 2020 election — one that election officials jointly called “the most secure in American history” — it has proven to be a double-edged sword. Election cybersecurity researchers who spoke with NBC News say they worry it also provided ammunition to bad-faith actors who have sought to convince some Americans that the election was illegitimate. “We always knew we were walking a bit of a scary line when flagging vulnerabilities,” Maggie MacAlpine, an election security researcher, said. “We’re always battling the fact that the appearance of a hack can be as impactful on an election as an actual hack.”

Full Article: Trump conspiracies strain election cybersecurity experts

Thousands March In D.C. For Voting Rights | Wynne Davis/NPR

Thousands of people gathered in Washington, D.C., and other cities across the country on Saturday to protest a recent slew of legislation that critics say suppresses voter rights, particularly for voters of color and young voters, in many Republican-led states. The event, called the March On For Voting Rights, took place on the 58th anniversary of the 1963 March On Washington when Martin Luther King Jr. delivered his "I Have A Dream" speech. Sunday's event was organized by the Rev. Al Sharpton's National Action Network and partner organizations. Other events also took place in Atlanta, Miami and Phoenix. In D.C., participants gathered early Saturday in McPherson square, and marched to the National Mall for a rally with the U.S. Capitol as a backdrop. Organizers say the event drew thousands to Washington. William Birdo, 82, traveled to D.C. from Los Angeles to participate in Saturday's march, and said he'd been protesting for civil rights for a half-century. "Ever since time, we've been fighting," he said. "I'm from back there in the '60s, when we really protested the wars, and voting rights and civil rights, and everything else. And we won, and we made progress."   Full Article: Thousands March In D.C. For Voting Rights : NPR

National: Experts warn of dangers from breach of voter system software | Christina A. Cassidy/Associated Press

Republican efforts questioning the outcome of the 2020 presidential race have led to voting system breaches that election security experts say pose a heightened risk to future elections. Copies of the Dominion Voting Systems software used to manage elections — from designing ballots to configuring voting machines and tallying results — were distributed at an event this month in South Dakota organized by MyPillow CEO Mike Lindell, an ally of former President Donald Trump who has made unsubstantiated claims about last year’s election. “It’s a game-changer in that the environment we have talked about existing now is a reality,” said Matt Masterson, a former top election security official in the Trump administration. “We told election officials, essentially, that you should assume this information is already out there. Now we know it is, and we don’t know what they are going to do with it.” The software copies came from voting equipment in Mesa County, Colorado, and Antrim County, Michigan, where Trump allies had sue unsuccessfully challenging the results from last fall.

Full Article: Experts warn of dangers from breach of voter system software

National: Partisan Republican vote ‘audits’ are making elections less safe, officials say | Josh Marcus/The Independent

Even though they’re often conducted under the nominal banner of election security, Republican efforts to scrutinize the 2020 election results have made elections less safe, according to cyber security experts. Earlier this month, copies of the widely used Dominion Voting Systems election software were shared with attendees at an election event organised by MyPillow CEO Mike Lindell, a Trump supporter and booster of election conspiracy theories. It’s unclear how the software reached participants, but cyber experts told the Associated Press that now that the Dominion software, which is used in roughly 30 states, is out in public hands, it may make it easier for hackers and others bad actors to find vulnerabilities. “It’s a game-changer in that the environment we have talked about existing now is a reality,” Matt Masterson, a former top election security official in the Trump administration, told the AP. “We told election officials, essentially, that you should assume this information is already out there. Now we know it is, and we don’t know what they are going to do with it.” Full Article: Partisan Republican vote ‘audits’ are making elections less safe, officials say | The Independent

National: As Washington Stews, State Legislatures Increasingly Shape American Politics | Michael Wines/The New York Times

With the release of the 2020 census last month, the drawing of legislative districts that could in large part determine control of Congress for the next decade heads to the nation’s state legislatures, the heart of Republican political power. Increasingly, state legislatures, especially in 30 Republican-controlled states, have seized an outsize role for themselves, pressing conservative agendas on voting, Covid-19 and the culture wars that are amplifying partisan splits and shaping policy well beyond their own borders. Indeed, for a party out of power in Washington, state legislatures have become enormous sources of leverage and influence. That is especially true for rural conservatives who largely control the legislatures in key states like Wisconsin, Texas and Georgia and could now lock in a strong Republican tilt in Congress and cement their own power for the next decade. The Texas Legislature’s pending approval of new restrictions on voting is but the latest example. “This is in many ways genuinely new, because of the breadth and scope of what’s happening,” said Donald F. Kettl, a scholar of state governance at the University of Texas at Austin. “But more fundamentally, the real point of the spear of Trumpism is appearing at the state and local level. State legislatures not only are keeping the flame alive, but nurturing and growing it.” He added that the aggressive role played by Republican legislatures had much further to run.

Full Article: As Washington Stews, State Legislatures Increasingly Shape American Politics - The New York Times

National: Report: Most federal election security money remains unspent | Roxanna Hegeman/Associated Press

Congress provided hundreds of millions of dollars to shore up the nation’s election system against cyberattacks and other threats, but roughly two-thirds of the money remained unspent just weeks before last year’s presidential election. A recently released federal report says the states, the District of Columbia and U.S. territories had spent a little more than $255 million of $805 million in election security grants through Sept. 30 of last year, the latest figures available. States were given leeway on how and when to spend their shares because election concerns and potential vulnerabilities of voting systems vary widely across the country. Several election officials cited two main reasons for the slow pace of spending: More than half the money wasn’t allocated until the 2020 election was less than a year away, giving election officials and state lawmakers little time to make major spending decisions. And the coronavirus pandemic upended last year’s election planning, forcing officials to focus on safety at the polls and pivot to provide more early voting and mail-in balloting. “Security was still on everybody’s mind, but it took a back seat to just making sure that the election ran without it just having a total meltdown,” said Don Palmer, chairman of the U.S. Election Assistance Commission, which issued the report. A state-by-state snapshot the commission released last month shows that as of the end of the federal fiscal year on Sept. 30, when early voting was already happening in the presidential election, the nation’s 50 states plus the District of Columbia and five territories had spent roughly 31% of the election security funding. The grant money came in two chunks since 2018 under the Help America Vote Act. Full Article: Report: Most federal election security money remains unspent

National: Legal experts welcome sanctions of pro-Trump lawyers, say more needed | John Kruzel/The Hill

Attorneys behind some of the dubious litigation over former President Trump’s 2020 election loss were sanctioned this week by a federal judge in a move that was welcomed by legal ethics experts. More disciplinary steps are needed to deter efforts to undermine future U.S. elections, said experts who spoke to The Hill, adding that the system for holding pro-Trump election lawyers to account was working as it should. "The wheels of ethical accountability grind slowly but deliberately," said Bradley Moss, a national security lawyer. "Within the span of 10 months, we have seen both state bars and the courts take action against those lawyers who took their propagation of Trump’s conspiratorial fantasies out of the cable news studio and into the courtroom.” Following President Biden’s win at the ballot box, pro-Trump attorneys filed dozens of lawsuits based on unfounded claims contesting the election’s legitimacy. The litigation persisted even after the attorneys collectively racked up an abysmal record in court, winning only a single minor case while losing some 60 others. Although some Trump-allied attorneys characterized their actions as hard-fought advocacy, critics say they crossed an ethical red line by deploying politically motivated disinformation to advance Trump’s “big lie” that the election was stolen from him. Full Article: Legal experts welcome sanctions of pro-Trump lawyers, say more needed | TheHill