New York’s 22nd District Congressional race may come down to DMV voter registrations | Rome Daily Sentinel

Who will represent the 22nd Congressional District in Washington may come down to whether nearly 70 people who filled out a voter registration form through the Department of Motor Vehicles were really registered to vote. The legal teams representing Republican Claudia Tenney and Democrat Anthony Brindisi have filed briefs with state Supreme Court Justice Scott DelConte outlining how they believe he should rule on the paper ballots filled out by more than 60 voters. Brindisi’s filings mention 69 such voters and Tenney’s 64. It emerged during previous hearings in the court review of the ballot counting that Oneida County election commissioners did not include those ballots because they considered the voters not registered on time. Commissioners and their deputies said they received registration applications but did not process them as they were overwhelmed with a flood of absentee ballot requests during the COVID-19 pandemic, carrying out recent changes in the law regarding registration, and preparing for the first major general election with 10 days of early voting at multiple polling sites, as well as preparing for Election Day. Whether they should have may decide whether Tenney’s lead of 29 votes in unofficial tallies holds up. DelConte heard oral arguments Friday, and set Wednesday as the deadline to file more briefs, with final arguments two days later, all in Oswego, where he is based. The issue largely deals with provisional, or affidavit, ballots that people who are not allowed to vote normally may fill out if they are told at the polls that their names are not in the official poll books, or lists of registered voters at a polling place.

Full Article: NY-22 may come down to DMV voter registrations | Rome Daily Sentinel

Pennsylvania election probe over discarded Luzerne County military ballots ends without changes | Jeremy Roebuck/Philadelphia Inquirer

Federal prosecutors in Harrisburg announced Friday they had found “insufficient evidence” of a crime in an election investigation that President Donald Trump and his allies had repeatedly touted as a sign of vote-rigging in Pennsylvania. The case, involving nine military ballots found discarded in a Luzerne County dumpster, was unusual from the start. Breaking with traditional Justice Department norms that prohibit discussing most ongoing investigations — especially ones that could influence elections — then-U.S. Attorney David J. Freed sent out a news release confirming the probe after Trump alluded to the matter on a Fox News Radio segment in September. The president then repeatedly cited it during his first debate against Joe Biden to bolster his baseless claims that widespread fraud would cost him the election. In a since deleted tweet, a Trump campaign spokesperson pointed to the case, claiming: “Democrats are trying to steal the election.” In his announcement Friday, Freed’s successor, Acting U.S. Attorney Bruce D. Brandler, said no criminal charges will be filed. “The matter is closed,” he said in a statement.

Full Article: Pa. election probe over discarded Luzerne County military ballots ends without chages

Pennsylvania: Angered by State Supreme Court rulings, GOP moves to exert more control over judiciary branch | Marie Albiges/Spotlight PA

A state House panel narrowly advanced a measure Wednesday aimed at giving the Republican-controlled legislature the power to draw districts for electing appellate court judges in Pennsylvania, a major shift away from the current statewide contests. The majority party has made overhauling the courts a priority after a slew of unsuccessful litigation involving the administration of the 2020 election as well as the coronavirus pandemic. But critics warn the change is an attempt to exert control over the judiciary branch. The House Judiciary Committee voted 13-12 in favor of the proposed constitutional amendment, which would affect races for state Commonwealth, Superior, and Supreme Courts. If passed by the full House and Senate by Feb. 18, it would be before voters for the May 18 primaries. Republicans contend electing judges by district will lead to more geographic representation. A majority of the 31 appellate judges are from either Philadelphia or Allegheny County — including four of the seven Supreme Court justices — but those areas make up less than a quarter of the state’s population. Rep. Russ Diamond (R., Lebanon), who introduced the amendment, said judges’ judicial philosophies are influenced in part by their geography, and courts should reflect that geographic diversity. “Just like we have geographic diversity when we create law and come to consensus based on that multi-voice, we should also have that sort of diversity when those laws are heard on appeal and when our courts are setting precedent for the future,” he said.

Full Article: Angered by Pa. Supreme Court rulings, GOP moves to exert more control over judiciary branch · Spotlight PA

Washington election director forced into hiding over potential threats of retaliation, violence | MyNorthwest

The political climate regarding election fraud has been fraught both in Washington state and across the county. In the former, it became so problematic that state election officials have been forced to take extreme precautions in the face of potential threats. That includes Washington state’s election director, who was forced into hiding after an Iranian website launched calling for the assassination of U.S. election officials. That website hosted photos of those officials alongside home addresses, encouraging Americans displeased with the election results to go out and commit acts of violence. “My state election director is in an undisclosed location with her family because they’re worried about their physical and personal safety,” Washington Secretary of State Kim Wyman told KIRO Radio’s Gee and Ursula Show. “It’s a scary time, and people are emotional, they’re illogical, and they’re not rational.” “The scary thing is that it’s just got to take one person that you motivate that says, ‘Yeah, we gotta go out and kill election officials,’” she added. Wyman herself has taken precautions as well, having even gotten rid of two personalized license plates that made her vehicle too easy to identify. All told, the situation has made for difficult — and often emotional — times for election officials across the country. “It’s frustrating because I go between fear and anger — I get mad because I don’t want to be afraid,” Wyman said. Much of that has been driven by rhetoric from the White House leading into the 2020 election, which saw President Trump repeatedly and emphatically insist that the results were fraudulent.

Full Article: Washington election director forced into hiding over potential threats of retaliation, violence

National: Biden to Restore Homeland Security and Cybersecurity Aides to Senior White House Posts | David E. Sanger/The New York Times

President-elect Joseph R. Biden Jr., facing the rise of domestic terrorism and a crippling cyberattack from Russia, is elevating two White House posts that all but disappeared in the Trump administration: a homeland security adviser to manage matters as varied as extremism, pandemics and natural disasters, and the first deputy national security adviser for cyber and emerging technology. The White House homeland security adviser will be Elizabeth Sherwood-Randall, according to transition officials. She is a longtime aide to Mr. Biden who served under President Barack Obama as senior director for Europe and then deputy secretary of energy, where she oversaw the modernization of the nuclear arsenal. And for the complex task of bolstering cyberoffense and defense, Mr. Biden has carved out a role for Anne Neuberger, a rising official at the National Security Agency. She ran the Russia Small Group, which mounted a pre-emptive strike on the Kremlin’s cyberactors during the 2018 midterm elections, part of an effort to counter Moscow after its interference in the 2016 presidential election. For the past 15 months, she has overseen the agency’s Cybersecurity Directorate, a newly formed organization to prevent digital threats to sensitive government and military industry networks. But it has also been an incubator for emerging technologies, including the development of impenetrable cryptography — the National Security Agency’s original mission nearly 70 years ago — with a new generation of quantum computers. Taken together, the two appointments show how Mr. Biden appears determined to rebuild a national security apparatus that critics of the Trump administration say withered for the past four years. The new White House team will focus on threats that were battering the United States even before the coronavirus pandemic reordered the nation’s challenges.

Full Article: Biden to Restore Homeland Security and Cybersecurity Aides to Senior White House Posts – The New York Times

Social media posts wrongly claim Dominion voting software was used in 2020 New Zealand election | Taylor Thompson Fuller/AFP

Multiple Facebook posts claim US-based company Dominion Voting Systems, which has been the centre of conspiracy theories and false claims of voter fraud in the United States, was used in New Zealand’s 2020 election. The posts question whether Prime Minister Jacinda Ardern was legitimately elected. The claims are misleading: the New Zealand Electoral Commission told AFP they do not use machines or software from Dominion Voting Systems. In October 2020, Prime Minister Ardern won a landslide victory in New Zealand’s general election, leveraging success battling Covid-19 into an unprecedented majority. The claims were shared by a New Zealand-based user here. The post includes an image of New Zealand Prime Minister Jacinda Ardern with the words “Dominion Voting Fraud” and “Jacinda Ardern victory for Labour Now Debatable”.  … The New Zealand Electoral Commission, which is responsible for the administration and running of elections in New Zealand, told AFP in an email: “Dominion Voting Systems are not used by the Electoral Commission”. “In New Zealand, votes in parliamentary elections are counted by hand. We do not use machines to count votes at general elections, including the 2020 election,” the January 11, 2021 email reads.  According to the Electoral Commission, once votes in parliamentary elections have been counted the results are recorded manually and entered into the Election Management System which produces the official results for the election.  “The Election Management System was developed in New Zealand and regularly undergoes independent security testing and certification,” the Electoral Commission said. “The Election Management System was developed for us by a New Zealand company, Catalyst. The Commission owns the system and maintains it with technical support from Catalyst.”

Full Article: Social media posts wrongly claim Dominion voting software was used in 2020 New Zealand election | Fact Check

National: Can the vote be trusted? A conversation on US election integrity. | Jessica Mendoza and Samantha Laine Perfas/CSMonitor

Ahead of President-elect Joe Biden’s inauguration, Americans remain divided over the integrity of the election. This is despite Congress having certified the results, and officials across the political spectrum assuring the public that the 2020 election was secure – perhaps “the most secure in American history.” But what does it mean to have a secure election? Is it ensuring that our systems are protected from cyberattacks? That we have ways to independently verify every vote? What about consistently investing in new technologies and resources for election officials? For Mark Lindeman, interim co-director of the nonpartisan organization Verified Voting, it’s all of the above – and then some.  “Doing better objectively and technically does not automatically translate to protecting American elections,” he says. “Voters need to have some fundamental belief that election results are trustworthy. And we can’t congratulate ourselves to the extent that we’re failing to provide that.”  

Full Article: Election doubts abounded in US. What’s reality of ballot integrity? – CSMonitor.com

National: Chris Krebs, the election security chief fired by Trump, warns ‘disinformation is upending our society and literally killing Americans’ as he launches a new commission to help fix it | Jeff Elder/Business Insider

Aiming to address disinformation he says is “upending our society and literally killing Americans,” Christopher Krebs, the federal cybersecurity official who challenged the president on election disinformation, will lead a new Aspen Institute commission he said will take a careful approach to an urgent problem. “America needs to pay attention to what’s unfolding right now and work to ensure that we’re not on the verge of a significant breakdown in democracy and civil society,” Krebs told Insider in written remarks. Krebs will chair a new, bipartisan commission announced Wednesday by the Aspen Institute think tank — called The Commission on Information Disorder — and funded by a $3.25 million grant from Craigslist founder Craig Newmark. This new group intends to help connect the private and public sectors to help find solutions for these most complicated of policy issues. Krebs said the commission will pull different segments of society together so that government, tech, and industry can come together to study, discuss, and collaborate on the issue. “The way forward requires industry, government, and civil society taking a hard look at the deep divisions that allow these falsities to propagate, and to recognize that each has a core role to play. That is one of the primary goals of this new commission.”

Full Article: Krebs: Disinformation ‘upending our society’ and killing Americans – Business Insider

National: Lawyers face fallout from fueling Trump’s false claims of election fraud | Peter Stone/The Guardian

Prominent lawyers who helped fuel Donald Trump’s baseless charges of election fraud to try and thwart Joe Biden’s win, are now facing potentially serious legal and financial problems of their own tied to their aggressive echoing of Trump’s false election claims, say former Department of Justice lawyers and legal experts. They include a federal investigation into the Capitol attack by a pro-Trump mob, possible disbarment and a defamation lawsuit. Trump’s personal attorney Rudy Giuliani, who led Trump’s conspiratorial drive to overturn the election and gave an incendiary talk to the Trump rally right before the march on the Capitol began, could be ensnared in a federal investigation of the attack and is facing a disbarment complaint in New York. Pro-Trump lawyers Sidney Powell and Cleta Mitchell have, respectively, been hit with a defamation lawsuit for making false claims, and losing her law firm post after coming under scrutiny for her work promoting Trump’s false claims. “I never saw allegations of misconduct that I think are as seriously unethical as the conduct of lawyers who have been propounding the false claims of President Trump,” said Mary McCord, who led the DoJ’s national security division at the end of the Obama administration until May 2017, and also served for six years on the DC Circuit’s Grievance Committee.

Full Article: Lawyers face fallout from fueling Trump’s false claims of election fraud | Law (US) | The Guardian

National: How antifa conspiracy theory traveled from fringe to floor of Congress | Aleszu Bajak and Javier Zarracina/USA Today

While much of America watched a mob of Trump supporters overrun police and break into the halls of Congress Wednesday afternoon, members of the far right chatted up an imaginary narrative of what was really going on. After weeks of planting the idea, dozens of extremists used social media to promote an idea with no basis in reality – that the people besieging the Capitol were actually far-left agitators disguised as Trump supporters. The trickle of claims became a flood in a matter of hours. It started in secretive corners of the web such as 4chan, but tweets and articles from more and more mainstream conservative news sites followed. It began spiking around 1 p.m., just after rioters started breaching barriers outside the Capitol. Soon, Fox News personalities were sharing the same speculation that circulated among believers in the discredited QAnon conspiracy theory. By 10:15 p.m., the “false flag” story reached the House floor that rioters had invaded earlier in the day. Republican Rep. Matt Gaetz of Florida told his shaken colleagues in a speech: “They were masquerading as Trump supporters and, in fact, were members of the violent terrorist group antifa.”

Full Article: How antifa conspiracy theory traveled from fringe to floor of Congress

National: Far-right groups make plans for continued attacks before and after Inauguration Day | Shane Harris, Souad Mekhennet and Razzan Nakhlawi/The Washington Post

President Trump’s incitement of his supporters before their attack on the Capitol on Jan. 6 has galvanized a nationwide extremist movement and fueled those determined to disrupt the transfer of power to President-elect Joe Biden and violently challenge the legitimacy of the election for months — and possibly years, according to U.S. officials and independent experts. U.S. officials have warned authorities nationwide to be on alert for potential acts of violence at state capitols, as well as a possible second attack on the Capitol or on the White House. Law enforcement authorities have said extremists might use firearms and explosives and are monitoring online calls to rally in cities nationwide beginning Sunday. Security at the inaugural ceremony in Washington on Wednesday probably will be the most intense ever. At the center of the amorphous but increasingly motivated extremist movement sits the current president, now twice impeached, deprived of his social media megaphones but still exerting a powerful influence over his followers who take his baseless claims of election fraud as an article of faith.

Full Article: Far-right groups make plans for continued attacks before and after Inauguration Day – The Washington Post

National: ES&S Threatens Researchers for Exposing Valid Security Flaws | Karl Bode/Vice News

A major manufacturer of voting machine hardware has threatened researchers for highlighting proven privacy and security vulnerabilities in their products. Last week, Election Systems and Software (ES&S) fired off a cease and desist letter to SMART Elections, a New York State based non-partisan project designed to bring greater public awareness to the lack of security in electronic election equipment. In the letter, ES&S accuses the organization of “false, defamatory, and disparaging” comments related to the company’s ExpressVote XL touchscreen-enabled barcode voting system, which SMART Elections has been warning New York State officials suffers from design flaws that make it open to vote manipulation. “Security experts and good government groups say that the ExpressVote XL has a flawed design that makes it dangerously insecure, and that it is also glitchy and over-priced,” the group warned. “Many of them strongly oppose its use. Voters with disabilities have often struggled to use it.” ES&S didn’t take the criticism particularly well, and in its cease and desist letter claims the organization was engaged in “defamation and trade disparagement.” “We demand that you immediately and permanently cease and desist from communicating false allegations about ES&S, and immediately retract and correct the false, defamatory and disparaging accusations you have made against ES&S,” the company threatened. ES&S lawyers appear particularly annoyed by claims that the “ExpressVote XL can add, delete, or change the votes on individual ballots,” will “deteriorate our security and our ability to have confidence in our elections,” and is a “bad voting machine” in general. But many experts, including Princeton University professor Andrew Appel, say the accusations and criticism levied against ES&S are absolutely correct. “The ExpressVote XL, if hacked, can add, delete, or change votes on individual ballots — and no voting machine is immune from hacking,” Appel said. “That’s why optical-scan voting machines are the way to go, because they can’t change what’s printed on the ballot. And let me explain some more: The ExpressVote XL, if adopted, will deteriorate our security and our ability to have confidence in our elections, and indeed it is a bad voting machine. And expensive, too!”

Full Article: Voting Machine Company Threatens Researchers for Exposing Valid Security Flaws

Arizona bill aims to disallow Sharpies to be used on ballots | Jerod MacDonald-Evoy/Arizona Mirror

A bill at the Arizona legislature aims to prevent counties from requiring that specific markers or any other pen be used that may damage a ballot after a debunked claim that they spoiled ballots during the November election spread across social media during the election.  For the first time ever in 2020, Arizona voters were given Sharpie permanent markers to mark their ballots at Arizona polls this year, and their use spawned false claims from Republican officials in Arizona and members of the state’s conservative fringe that election officials are using the markers to invalidate votes for Donald Trump and other GOP candidates. Senate Bill 1023 by Sen. Kelly Townsend, R-Mesa, would bar county boards of supervisors from requiring that a specific marking pen be used on paper ballots and “shall not provide for use on ballots any pen that creates marks that are visible on the reverse side of the paper ballot or that otherwise may damage or cause a ballot to be spoiled.”  The Maricopa County Recorder’s Office said Sharpies were given to voters at polling places this year because of new voting machines. While the old voting machines — which had been in use since 1996 — could not read Sharpies and many other commercially available permanent markers, the new machines perform better with felt-tip markers. The new machines can read between 6,000 and 8,000 ballots an hour, about twice as many as the old machines.  Ink from Sharpies dries faster than ink from traditional ballpoint pens, and the Arizona Secretary of State’s Office advised the use of the markers in Maricopa County.  Arizona Attorney General Mark Brnovich launched an investigation into the use of Sharpies; less than a day later, he concluded that the “use of Sharpie markers did not result in disenfranchisement of Arizona voters.” 

Full Article: Bill aims to disallow Sharpies to be used on ballots • Arizona Mirror

Georgia: After Attacks On Election Integrity, Officials Work To Rebuild Confidence | Stephen Fowler/NPR

It’s been more than a week since the Georgia Senate runoff elections delivered control of Congress to Democrats. But inside the Bartow County, Ga., Senior Center on Tuesday, a dozen teams worked in pairs to do a hand recount of more than 43,000 votes cast in the Jan. 5 runoffs. The final margin for the races are outside the threshold for a recount, and the voters in this county an hour northwest of Atlanta are about 75% Republican — so the result isn’t close, or expected to change. So why did poll workers spend a day conducting a voluntary audit at the end of an exhausting election cycle? “A lot of my voters, a lot of my citizens, do not trust the voting system after November, after a lot of misinformation went out about this specific system,” elections director Joseph Kirk said. Kirk is a firm believer in transparency and education when it comes to the state’s voting system – especially after one of the most secure elections in state history, one that saw record turnout and few reported problems. But Georgia was also ground zero for misinformation and attacks on election integrity, led by President Trump and a number of top Republicans in Georgia and beyond.

Full Article: Georgia Republicans Work To Rebuild Election Confidence : NPR

Georgia: Trump’s pick for U.S. attorney dismisses election fraud claims: ‘There’s just nothing to them’ | Chris Joyner/The Atlanta Journal-Constitution

The acting U.S. attorney for Northern Georgia, who was named after his predecessor reportedly angered President Trump for not finding election fraud, told staffers in a conference call Monday that he dismissed two election fraud cases on his first day. “I would love to stand out on the street corner and scream this, and I can’t,” said Bobby Christine, according to an audio recording of the call obtained by The Atlanta Journal-Constitution. “But I can tell you I closed the two most — I don’t know, I guess you’d call them high profile or the two most pressing election issues this office has,” he said. “I said I believe, as many of the people around the table believed, there’s just nothing to them.” Christine also said he found fewer election-related investigations in the office than he expected. “Quite frankly, just watching television you would assume that you got election cases stacked from the floor to the ceiling,” said Christine. “I am so happy to find out that’s not the case, but I didn’t know coming in.” Christine declined to comment on the call when contacted by the AJC Tuesday. Former U.S. Attorney Byung J. “BJay” Pak, a Republican who had served since 2017, had planned to remain through the end of the Trump administration but resigned abruptly Jan. 4. Over the weekend, The Wall Street Journal reported the White House forced Pak to resign because Trump believed he was not being aggressive enough in investigating allegations of election fraud. In a call with Georgia Secretary of State Brad Raffensperger two days before Pak’s resignation, Trump disparaged Pak as a “never Trumper U.S. attorney.” Christine, the U.S. attorney for Georgia’s Southern District, was appointed to replace him. The appointment bypassed the number two prosecutor in the office, Kurt Erskine, and raised fears of political interference as Trump was waging a campaign to overturn the results of the election.

Full Article: Trump’s pick for U.S. attorney in Georgia dismisses election fraud claims: ‘There’s just nothing to them’

Michigan election officials begin statewide audit of Nov. 3 vote | Clara Hendrickson/Detroit Free Press

Michigan election officials began conducting a statewide audit of the Nov. 3 general election Monday that involves reviewing ballots from more than half of the state’s local jurisdictions, which is more than have ever participated in such an audit in the nation, according to the Secretary of State’s Office. The Michigan Department of State will work with county and local election officials to undertake the “risk-limiting” audit, which will entail hand counting ballots from randomly selected jurisdictions across the state. Michigan Secretary of State Jocelyn Benson said she hopes the audit will increase confidence in the election process and outcome after a disinformation campaign by President Donald Trump and his allies to sow doubt on the election precipitated the deadly assault on the U.S. Capitol on Jan 6. “Post-election audits are an important part of the elections process and are critical to both affirming the accuracy of the results and reinforcing citizen trust in the system,” Benson said. She added, “This year more than ever, with the high volume of misinformation spread about what was an incredibly safe, secure and accurate election, conducting this bipartisan process openly and transparently is an important step in ensuring Michigan voters understand the truth about the security and integrity of our election system.”

Full Article: Michigan election officials begin statewide audit

New York lawmakers join advocates in calling on Board of Elections to reject troubled ExpressVote XL touchscreen voting machines | Michael Gartland and Denis Slattery/New York Daily News

The State Board of Elections is slated to vote Thursday on new touchscreen voting machines that advocates and lawmakers say are known for undercounting and can’t handle the city’s soon-to-be-implemented ranked-choice voting system. A coalition of legislators is calling on the board to vote against using the Express Vote XL from Election Software & Systems, arguing that they’re too expensive and prone to trouble. “New York should stick with the gold standard — voter marked paper ballots which voters themselves place in a scanner,” the lawmakers wrote to the board Wednesday. “As lawmakers, we have worked tirelessly to reform New York’s election laws — this would be a huge step backwards.” … Susan Greenhalgh, senior advisor on election security with advocacy group Free Speech For People, said there are major concerns regarding safety since ES&S still uses Windows 7 as its operating software despite vowing to upgrade the machines. “A year and a half later, they are still hawking Windows 7 systems, which demonstrates a blatant disregard for the most rudimentary cybersecurity principles. This should be disqualifying in itself,” Greenhalgh said.

Full Article: New York lawmakers says hold off on troubled voting machines – New York Daily News

New York: What’s next in Brindisi-Tenney House race? Appeals, recount, could delay decision for months | Mark Weiner/Syracuse Post-Standard

The 700,000 people who live in New York’s 22nd Congressional District should prepare to be without a representative in Washington for the foreseeable future as an epic battle unfolds for the undecided House election. The post-election dispute between Anthony Brindisi and Claudia Tenney is likely to go on for months, history suggests, involving legal appeals in multiple courts and high-powered lawyers arguing over the fate of more than 2,000 disputed ballots. The battle could also move to a new frontier, with the House of Representatives ordering a full hand recount of all 318,000 ballots cast in the election. Two months after the Nov. 3 election, the House seat is the only one out of 435 where the winner has not been decided. For now, the fate of the 22nd District seat is in the hands of state Supreme Court Justice Scott J. DelConte in Oswego County. Delconte is not expected to rule on the validity of the disputed ballots for at least another week. He has been hearing the case since the day after the election. Tenney’s lawyers gave the first hint of the long fight ahead on Friday. A legal notice from her campaign preserved her right to appeal one of DelConte’s earliest rulings in the case. The appeal would be heard by the state Appellate Division’s Fourth Department in Rochester.

Full Article: What’s next in Brindisi-Tenney House race? Appeals, recount, could delay decision for months – syracuse.com

Ohio GOP U.S. Rep. Jim Jordan challenged by Democrats to repudiate stolen election claims | Sabrina Eaton/Cleveland Plain Dealer

Champaign County Republican Rep. Jim Jordan on Tuesday clashed with Democrats on the House Rules Committee over GOP claims that the 2020 presidential election was “stolen.” The confrontation occurred as Jordan argued against bringing a measure to the House floor that would urge Vice President Mike Pence to invoke the Constitution’s 25th Amendment to assume the presidency on the grounds that President Donald Trump is unfit to serve. Horrified that a mob of Trump supporters marched on the Capitol last week and rioted as Congress attempted to tally electoral votes that showed Democrat Joe Biden won the election, Democrats who control the House are bringing a measure to the floor that would urge Pence to displace Trump. Five people, including a Capitol Police officer, died as a result of the melee. If Pence doesn’t act, Democrats will bring up a measure to impeach Trump. The rules committee’s Democratic chairman, Rep. Jim McGovern of Massachusetts, repeatedly asked Jordan to “admit that Joe Biden won fair and square and the election was not rigged or stolen.” Jordan argued against bringing up what he called “a Democrat resolution to attack the president just eight days before he has said he will leave office, just eight days before we will have a peaceful transition of power as we have had in this country every four or eight years since our nation’s founding.”

Full Article: GOP U.S. Rep. Jim Jordan of Ohio challenged by Democrats to repudiate stolen election claims – cleveland.com

Ohio: Why did Franklin County send out 50,000 wrong ballots? Board, vendor blame each other | Rick Rouan/The Columbus Dispatch

Franklin County Board of Elections officials and a vendor pointed the finger at each other for an error that resulted in thousands of absentee ballots being sent to the wrong voters in the 2020 presidential election. A new report released Tuesday in response to a public records request shows that, while an unnamed board employee was logged into equipment that stuffed the wrong ballots into the incorrect envelopes, board employees said it was a representative from the vendor who disabled a scanner that would have caught the problem. “While one may never know for certain who was at the keyboard when the error occurred, it is certain that the change was made inadvertently in the course of trying to troubleshoot a system error after an equipment failure and not a deliberate attempt to cause harm,” former elections Director Ed Leonard wrote in the Dec. 31 report to board members. Technicians for BlueCrest, the equipment’s vendor, were on-site at the board of elections on Saturday, Oct. 3, just days before ballots were to be mailed, to help resolve an error with the machine, according to the report. Leonard wrote that the optical scanner was disabled in an attempt to fix the problem, but it was never re-enabled. BlueCrest maintains that it was a board employee who was logged in to the machine and not one of its technicians who was responsible for the error, according to the report. The board declined on Tuesday to identify the employee who was logged in to the machine when the setting was disabled, citing security concerns.

Full Article: Franklin County elections employees, vendor blame each other for sending wrong ballots

Pennsylvania: First it was ‘fraud,’ then they just didn’t like the rules: How Republicans justified trying to overturn an election | Andrew Seidman and Jonathan Tamari/Philadelphia Inquirer

As Joe Biden took the lead in the vote count and then won Pennsylvania, some of the state’s top Republicans added their voices to President Donald Trump’s baseless claims that the election was stolen and rife with fraud. U.S. Rep. Scott Perry joined a “Stop the Steal” rally in Harrisburg and later went on Fox Business Network to blast Pennsylvania’s election as a “horrific embarrassment.“They say, ‘Oh, you know, 100,000 votes just showed up, and oh by the way, they all just happen to be for Joe Biden,’” he said in one interview on Nov 6. “We had dead people voting. We had a lot of people voting two or three times,” U.S. Rep. Mike Kelly said during a Nov. 24 interview on Sean Hannity’s Fox News radio program. And U.S. Rep. Guy Reschenthaler went on the far-right cable channel Newsmax to amplify unproven claims and said, “We know there were individuals that were dead that miraculously registered to vote and mailed in a vote.”

Full Article: Pennsylvania Republicans’ election fraud claims shrunk before they objected to Electoral College

Pennsylvania: Brewster will be sworn-in, GOP leader says, as federal judge denies Ziccarelli challenge | Julian Routh/Pittsburgh Post-Gazette

In a ruling issued Tuesday, a federal judge in Pittsburgh upheld the counting of a few hundred ballots in Pennsylvania’s 45th Senatorial District that had defects on their outer envelopes, again validating Democratic Sen. Jim Brewster’s victory and handing the GOP another post-election loss in the courts. Mr. Brewster’s Republican opponent, Nicole Ziccarelli, had asked U.S. District Judge J. Nicholas Ranjan to void the ballots, arguing that Allegheny County’s tallying of them violated due process and equal protection provisions of the federal constitution because similar ballots weren’t counted in Westmoreland County. The judge denied her complaint. “Contrary to Ms. Ziccarelli’s reading, the Court finds that the Supreme Court expressly held that the undated ballots at issue remain valid ballots that are properly counted under state law,” Judge Ranjan wrote in his opinion. “Thus, because Ms. Ziccarelli’s federal constitutional claims all depend on the invalidity of the ballots under state law, those claims necessarily fail on the merits.”

Full Article: Brewster will be sworn-in, GOP leader says, as federal judge denies Ziccarelli challenge | Pittsburgh Post-Gazette

Wisconsin Senate Republicans block resolution condemning U.S. Capitol assault and affirming Biden victory | Molly Beck/Milwaukee Journal Sentinel

Wisconsin Senate Republicans on Tuesday blocked an effort to condemn last week’s assault of the U.S. Capitol that left five people dead and police officers beaten and hit with stun guns. Senate President Chris Kapenga denied a resolution from Democratic Sen. Jeff Smith of Eau Claire from being taken up during Tuesday’s floor session saying it was not relevant to the state Senate. It would have acknowledged that Joe Biden won the Nov. 3 presidential election, condemned the deadly riot and President Donald Trump’s claims of a “stolen election,” and offered condolences to the family of U.S. Capitol Police Officer Brian Sicknick who was killed by the mob during the Jan. 6 breach. Republican senators agreed with Kapenga’s ruling and voted to block the resolution from being taken up. Smith argued the resolution was relevant because of recent warnings from the Federal Bureau of Investigations that “armed protests” were being planned at every state Capitol in the country. “I do believe it has a lot to do with the organization of not only this Senate but the protection of this building,” Smith said in response to Kapenga’s ruling, saying the FBI warning shows a direct threat to the Wisconsin State Capitol and its members. “More than ever would be an opportunity to pull together and denounce what has been happening in this country and in this state regarding how our elections are run,” he said.

Full Article: Wisconsin Senate Republicans block resolution condemning U.S. Capitol assault and affirming Biden victory

National: McConnell Privately Backs Impeachment as House Moves to Charge Trump | Jonathan Martin, Maggie Haberman and Nicholas Fandos/The New York Times

Senator Mitch McConnell has concluded that President Trump committed impeachable offenses and believes that Democrats’ move to impeach him will make it easier to purge Mr. Trump from the party, according to people familiar with Mr. McConnell’s thinking. The private assessment of Mr. McConnell, the most powerful Republican in Congress, emerged on the eve of a House vote to formally charge Mr. Trump with inciting violence against the country for his role in whipping up a mob of his supporters who stormed the Capitol while lawmakers met to formalize President-elect Joseph R. Biden Jr.’s victory. In a sign that the dam could be breaking against Mr. Trump in a party that has long been unfailingly loyal to him, Representative Liz Cheney of Wyoming, the No. 3 Republican in the House, announced her intention to support the single charge of high crimes and misdemeanors, as other party leaders declined to formally lobby rank-and-file lawmakers to oppose it. “The president of the United States summoned this mob, assembled the mob, and lit the flame of this attack,” Ms. Cheney said in a statement. “There has never been a greater betrayal by a president of the United States of his office and his oath to the Constitution.” Even before Mr. McConnell’s position was known and Ms. Cheney had announced her plans, advisers to the Senate Republican leader had already privately speculated that a dozen Republican senators — and possibly more — could ultimately vote to convict Mr. Trump in a Senate trial that would follow his impeachment by the House. Seventeen Republicans would most likely be needed to join Democrats in finding him guilty. After that, it would take a simple majority to disqualify Mr. Trump from ever again holding public office.

Full Article: McConnell Privately Backs Impeachment as House Moves to Charge Trump – The New York Times

National: House Sets Impeachment Vote to Charge Trump With Incitement | Nicholas Fandos/The New York Times

House Democrats introduced an article of impeachment against President Trump on Monday for his role in inflaming a mob that attacked the Capitol, scheduling a Wednesday vote to charge the president with “inciting violence against the government of the United States” if Vice President Mike Pence refused to strip him of power first. Moving with exceptional speed, top House leaders began summoning lawmakers still stunned by the attack back to Washington, promising the protection of National Guard troops and Federal Air Marshal escorts after last week’s stunning security failure. Their return set up a high-stakes 24-hour standoff between two branches of government. As the impeachment drive proceeded, federal law enforcement authorities accelerated efforts to fortify the Capitol ahead of President-elect Joseph R. Biden Jr.’s inauguration on Jan. 20. The authorities announced plans to deploy up to 15,000 National Guard troops and set up a multilayered buffer zone with checkpoints around the building by Wednesday, just as lawmakers are to debate and vote on impeaching Mr. Trump. Federal authorities also said they were bracing for a wave of armed protests in all 50 state capitals and Washington in the days leading up to the inauguration. “I’m not afraid of taking the oath outside,” Mr. Biden said Monday, referring to a swearing-in scheduled to take place on a platform on the west side of the Capitol, in the very spot where rioters marauded last week, beating police officers and vandalizing the building.

Full Article: House Sets Impeachment Vote to Charge Trump With Incitement – The New York Times

Trump charged with impeachment count as FBI warns of armed protests | Tom McCarthy, David Smith and Lauren Gambino/The Guardian

Donald Trump is facing a historic second impeachment after Democrats in the House of Representatives formally charged him with one count of “incitement of insurrection” over the Capitol Hill riot. Five people died in the attack last week, including a police officer, which Trump prompted when he told supporters to “fight like hell” in his attempt to overturn election defeat by Joe Biden. Emerging video footage has revealed just how close the mob came to a potentially deadly confrontation with members of Congress. On Monday, security officials scrambled to ensure that Biden’s inauguration next week would not be marred by further violence. The US Secret Service will begin carrying out its special security arrangements for the inauguration this Wednesday, almost a week earlier than originally planned, although on Monday afternoon the acting secretary of homeland security, Chad Wolf, abruptly resigned, just days after calling the Capitol invasion “sickening”. Earlier, ABC News said it had obtained an internal FBI bulletin which detailed plans for “armed protests” and calls for the “storming” of state, local and federal courthouses and buildings across the country if Trump was removed from power before then. On Capitol Hill, the House speaker, Nancy Pelosi, said on Monday that she would move forward with impeaching Trump if Vice-President Mike Pence did not remove him from office under the 25th amendment to the US constitution. “The president’s threat to America is urgent, and so too will be our action,” she said in a statement.

Full Article: Trump charged with impeachment count as FBI warns of armed protests | US news | The Guardian

Editorial: Pre-Nazi Germany tells us the fight to save American democracy is just beginning | Michael Brenner/The Washington Post

A mob of several thousand outraged people rampaged through the streets of the city after a long rambling speech by their leader inciting them to do so. Some used violence. Windows were broken, shots were heard, there was bloodshed. The leader of the pack demanded the political swamp be drained. After a tumultuous few hours, order was restored and elected officials emerged from their hiding places. No, this is not Washington, D.C., Jan. 6, 2021. This was Munich, Nov. 8, 1923. The instigators did not come to Munich to support a president who was voted out of office. They did not gather in front of the nation’s seat of power, but rather started their rally in a beer cellar where a young Adolf Hitler seized control after silencing the politicians and the crowd assembled there with a pistol shot to the ceiling. Obviously, the circumstances surrounding the storming of the U.S. Capitol are very different from those of the Munich Beer Hall Putsch. But Germany during the 1920s offers crucial lessons for us today about how democracies become imperiled. Germany’s democracy was young, but the majority of the population stood behind it in the early 1920s. Yet, humiliated by defeat in World War I and plagued by an unprecedented economic crisis, a growing minority resorted to lies and conspiracy theories, such as the stab-in-the-back myth, which blamed scapegoats like Jews and socialists rather than the military for losing the war.

Full Article: Pre-Nazi Germany tells us the fight to save American democracy is just beginning – The Washington Post

National: Supreme Court won’t fast-track Trump challenges to election results | Robert Barnes/The Washington Post

As expected, the Supreme Court refused Monday to fast-track a batch of challenges to the presidential election filed by President Trump and his allies. The rejections came without comment or noted dissent and were formal notifications of what already had become clear. Some of the petitions asking for the court to move quickly were filed in early December, and the court had not even called for responses from officials in the states where the results were challenged. President-elect Joe Biden will be sworn in Jan, 20, and the cases presumably will become moot after that. Among the cases the court declined to expedite were Trump v. Biden and Trump v. Boockvar, which challenged the results in Wisconsin and Pennsylvania, respectively. Other cases filed by Trump allies objected to the outcomes in Michigan and Georgia. The Supreme Court has uniformly rejected challenges to the election results. On Dec. 11, it dismissed a bid by Trump and the state of Texas to overturn the results in those four battleground states won by Biden, blocking the president’s legal path to reverse his reelection loss. The court’s unsigned order was short, and it denied Texas’s request to sue the states over how they conducted their elections. Texas has not shown it has a legal interest “in the manner in which another state conducts its elections,” the order said. It dismissed all pending motions about the case.

Full Article: Supreme Court won’t fast-track Trump challenges to election results – The Washington Post

National: Dominion lawsuit could be just start of legal action against Trump allies | Tonya Riley/The Washington Post

Dominion Voting Systems is suing pro-Trump lawyer Sidney Powell for more than $1.3 billion in damages, according a lawsuit filed in D.C. federal court by the company Friday. The company says that Powell has caused significant damage to its reputation and value by spreading unfounded conspiracy theories about it, including alleged ties to deceased Venezuelan dictator Hugo Chávez and rigging the election for President-elect Joe Biden. The lawsuit is seeking an injunction to remove all of Powell’s statements determined to be false and defamatory. The unprecedented lawsuit could be just the first domino in a chain of lawsuits against Trump allies who have spread misinformation about voter fraud — possibly including Donald Trump himself. In its complaint, Dominion accuses Powell of working “in concert” with like-minded media outlets and allies. Dominion’s lawyer Tom Clare told reporters last week the lawsuit against Powell “is just the first in a series of legal steps.” (The lawsuit also names her law firm and the organization she set up to fundraise for her litigation.) Dominion sent more than 20 individuals and media companies retraction demands or letters last month asking them to preserve relevant evidence. The recipients included Trump attorney Rudy Giuliani and pro-Trump news network One America News. Those requests are often a precursor to litigation. “To be clear, none of this would have been possible without other individuals and without other media outlets that have their own responsibility,” Clare said. “And we’re looking at all of them.”

Full Article: The Cybersecurity 202: Dominion lawsuit could be just start of legal action against Trump allies – The Washington Post

National: ES&S voting machine company sends threats | Andrew Appel/Freedom to Tinker

For over 15 years, election security experts and election integrity advocates have been communicating to their state and local election officials the dangers of touch-screen voting machines. The danger is simple: if fraudulent software is installed in the voting machine, it can steal votes in a way that a recount wouldn’t be able to detect or correct. That was true of the paperless touchscreens of the 2000s, and it’s still true of the ballot-marking devices (BMDs) and “all-in-one” machines such as the ES&S ExpressVote XL voting machine (see section 8 of this paper*). This analysis is based on the characteristics of the technology itself, and doesn’t require any conspiracy theories about who owns the voting-machine company. In contrast, if an optical-scan voting machine was suspected to be hacked, the recount can assure an election outcome reflects the will of the voters, because the recount examines the very sheets of paper that the voters marked with a pen. In late 2020, many states were glad they used optical-scan voting machines with paper ballots: the recounts could demonstrate conclusively that the election results were legitimate, regardless of what software might have been installed in the voting machines or who owned the voting-machine companies. In fact, the vast majority of the states use optical-scan voting machines with hand-marked paper ballots, and in 2020 we saw clearly why that’s a good thing. In November and December 2020, certain conspiracy theorists made unsupportable claims about the ownership of Dominion Voting Systems, which manufactured the voting machines used in Georgia. Dominion has sued for defamation. Dominion is the manufacturer of voting machines used in many states. Its rival, Election Systems and Software (ES&S), has an even bigger share of the market. Apparently, ES&S must think that amongst all that confusion, the time is right to send threatening Cease & Desist letters to the legitimate critics of their ExpressVote XL voting machine. Their lawyers sent this letter to the leaders of SMART Elections, a journalism+advocacy organization in New York State who have been communicating to the New York State Board of Elections, explaining to the Board why it’s a bad idea to use the ExpressVote XL in New York (or in any state). ES&S’s lawyers claim that certain facts (which they call “accusations”) are “false, defamatory, and disparaging”, namely: that the “ExpressVote XL can add, delete, or change the votes on individual ballots”, that the ExpressVote XL will “deteriorate our security and our ability to have confidence in our elections,” and that it is a “bad voting machine.”

Full Article: ESS voting machine company sends threats