National: Congress looks towards new data breach laws as Russian hack scope remains unknown | Tonya Riley/The Washington Post

Companies responding to a massive Russian hack urged Congress to update laws dictating how the private sector shares information about cybersecurity breaches with the government.  “It is time not only to talk about, but to find a way to take action, to impose in an appropriate manner some kind of notification obligation on entities in the private sector,” Microsoft president Brad Smith told members of the Senate Intelligence Committee. “I think it’s the only way we’re going to protect the country and I think it’s the only way we’re going to protect the world.”  We are just finding out more government and private sector victims who were compromised as part of the months-long SolarWinds hacking campaign discovered in December. The full scope of the victims of the Russian hack is still unknown since private companies have no legal obligation to come forward with the information. As the White House readies sanctions against Russia for the attack and other malign cyberactivity, as Ellen Nakashima reported, committee members from both parties expressed interest in boosting reporting requirements, which have failed in the past due to aggressive industry lobbying and Republican wariness over regulation.

Full Article: The Cybersecurity 202: Congress looks towards new data breach laws as Russian hack scope remains unknown – The Washington Post

National: House set to move on elections overhaul as outside advocates focus on Senate | Kate Ackley/Roll Call

With House Democrats poised to pass their 791-page campaign finance, elections and ethics overhaul as soon as next week, outside groups that support the measure are turning to the Senate. Left-leaning organizations such as Indivisible, Public Citizen, Democracy 21 and Common Cause, among others, have ramped up lobbying, grassroots and advertising campaigns aimed at the Senate, which poses a potentially fatal threat to the package. Even though Democrats narrowly control both chambers, the bill would need at least 60 votes to overcome a filibuster in the Senate. It’s a reality that has some advocates for the bill, which is dubbed HR 1 in the House and S 1 in the Senate, pushing to roll back the filibuster, at least in some fashion. “We have a broken political system, a corrupting campaign finance system and a democracy that has been greatly damaged,” said Fred Wertheimer, president of the political money overhaul group Democracy 21. “This legislation makes historic democracy reforms, and the choice is going to come down to: Are we going to repair our democracy or are we going to let an antiquated filibuster rule stand in the way of fixing our political system and our democracy?” Wertheimer added that how Senate Democrats might figure out a way to pass the bill was above his “pay grade.” On the other side, conservative organizations American Principles Project and the Susan B. Anthony List said Wednesday they were partnering in a new, at least $5 million Election Transparency Initiative led by Ken Cuccinelli, a former Trump administration official, to defeat HR 1 and to mount what the groups called a vigorous defense of the filibuster.

Full Article: House set to move on elections overhaul as outside advocates focus on Senate – Roll Call

Editorial: Dominion Voting Systems’ Legal Rampage Against Trump’s Grifters | Matt Ford/The New Republic

Every year, my colleagues and I get to go through “libel training.” Every year, I also make the insufferable joke to my co-workers that we’re going to be trained to commit libel. Unfortunately, it’s not quite that exciting. A lawyer who’s worked with The New Republic for many years presents a PowerPoint on the basics of American defamation law. He describes what counts as defamation and what doesn’t, what can insulate us from liability and what can increase it, and some of the gray areas where caution might be warranted. The annual lesson is a useful reminder that we have a responsibility, both legal and moral, to use our platform wisely. (I believe it’s also required by TNR’s insurance.) From a global perspective, we’re actually pretty lucky on this front. The First Amendment makes it extraordinarily difficult to bring a successful defamation lawsuit against someone in American courts. Australia and Britain, by comparison, have much lower legal thresholds for libel claims to succeed. This is one reason, among others, why the #MeToo movement spread further in American society than it did in many other countries, where survivors’ stories could be stifled with legal threats. But the U.S. threshold for defamation claims is not insurmountable. Mike Lindell, the far-right CEO of MyPillow, may soon find this out the hard way. Dominion Voting Systems filed a lawsuit against him this week for his central role in spreading what it refers to in its suit as the “Big Lie” that Donald Trump actually won the 2020 election, which among other things implicates the company as a participant in this unhinged conspiracy to thwart American democracy. “Despite having been specifically directed to the evidence and sources disproving the Big Lie, Lindell knowingly lied about Dominion to sell more pillows to people who continued tuning in to hear what they wanted to hear about the election,” Dominion said in the complaint.

Full Article: Dominion Voting Systems’ Legal Rampage Against Trump’s Grifters | The New Republic

Editorial: Justice Thomas is out of order on 2020 election | Laurence Tribe/The Hill

The 2020 election revealed rot in this country’s institutions. Donald Trump degraded the presidency; senators like Josh Hawley (R-Mo.) and Ted Cruz (R-Texas) degraded the Congress. And, in a direct shot at the legitimacy of Joe Biden’s election as our 46th president, Justice Clarence Thomas made clear that the “Big Lie” about the 2020 election — a major source of institutional decay — has infected the Supreme Court, too. Thomas staked out his Trumpian position in a dissent from the Supreme Court’s dismissal of two election-related lawsuits in Pennsylvania. Republicans in Pennsylvania had asked the Supreme Court to answer a recurring question that plagued the 2020 election: Does the United States Constitution permit the members of a state legislature, acting as a gang of elected lawmakers unconstrained by the state’s own constitution, to seize control of a presidential election by naming their own slate of electors to replace those chosen by the votes of the state’s people? The answer to that crucial question depends in part on parsing Article II of the U.S. Constitution, which establishes that presidential electors are appointed “in such Manner as the Legislature [of the State] may direct.” Some maintain that, by vesting the power to choose electors in state “Legislature[s],” the Constitution has designated a free-range bunch of state representatives to meet wherever they like and do whatever suits their fancy. They claim the Constitution authorized state legislatures to ignore procedural requirements (like the number of votes needed to pass a bill) drawn from the state’s constitution and even substantive state constitutional provisions (like those enshrining the right to fair and equal voting opportunities). Most constitutional scholars, myself included, reject this Wild West view of the Constitution. Instead, when the Constitution empowers a state “Legislature,” it takes legislature as it finds it: a body defined and circumscribed both by the state’s constitution as authoritatively construed by the state’s highest court, and by the federal Constitution as construed by the U.S. Supreme Court.

Full Article: Laurence Tribe: Justice Thomas is out of order on 2020 election | TheHill

Arizona: Maricopa County’s 2020 election votes were counted correctly, more county audits show | Jen Fifield/Arizona Republic

The results of Maricopa County’s independent audit of 2020 election results are in.The verdict: The election was sound.Maricopa County on Tuesday released the results of election audits from two independent auditors it hired to verify that voting machines were not hacked, were not connected to the internet and counted votes properly during the 2020 general election. The auditors found that the county used certified equipment and software, no malicious hardware was found on voting machines, the machines were not connected to the internet, and the machines were programmed to tabulate ballots accurately, according to a letter from county election directors to the supervisors. These results, along with the previous audits the county and political parties did and other security protocols “confirm that Maricopa County Elections Department’s configuration and setup of the tabulation equipment and election management system provided an accurate counting of ballots and reporting of election results,” county election directors Scott Jarrett and Rey Valenzuela wrote in the letter. The county’s Board of Supervisors will review the audit results at a 1 p.m. meeting on Wednesday. The results and results summary were posted Tuesday as an attachment to the meeting agenda. Supervisors Chairman Jack Sellers said in a statement on Tuesday that the county was releasing the audit results “so that the public can see what we see and know what we know: no hacking or vote switching occurred in the 2020 election.”

Full Article: Maricopa County’s election audits show 2020 votes counted correctly

Georgia Counties Sue Trump for Expenses From His Failed Voting Fraud Suit | Aimee Sachs/Courthouse News Service

Two Atlanta-area counties filed lawsuits against former President Donald Trump this week, seeking legal fees in his campaign’s failed voting fraud lawsuit against state election officials. Cobb County filed a motion in Fulton County Superior Court on Monday, followed by DeKalb County filing a similar motion against Trump and Georgia Republican Party Chairman David Shafer. Cobb County’s Director of Registration and Elections Janine Eveler and DeKalb County’s Erica Hamilton were among a dozen of others named in the original complaint, which was filed in Fulton County Superior Court in December. Georgia Secretary of State Brad Raffensberger was also listed as a defendant. The Trump campaign filed similar legal actions that failed in several other states. “Given the number of failed lawsuits filed by the former President and his campaign, Petitioners apparently believed that they could filed their baseless and legally deficient actions with impunity, with no regard for the costs extracted from the taxpayers’ coffers of the consequences to the democratic foundations of our country,” the motion states. The Georgia lawsuit alleged widespread voter fraud in the Peach State and challenged the results of the 2020 presidential election that Democrat Joe Biden won with the help of voters of Cobb County and DeKalb County. Biden won Cobb County with 56.35% of the vote, and in DeKalb County he received 83.12% of the vote. A statewide recount confirmed Biden’s victory.

Full Article: Georgia Counties Sue Trump for Expenses From His Failed Voting Fraud Suit – Courthouse News Service

Georgia bill clears Senate that would let state take over local election boards | David Wickert/The Atlanta Journal-Constitution

The Georgia Senate approved a bill Wednesday that would allow the state to take over local election offices that fail to meet standards. Senate Bill 89 would allow the State Election Board to establish criteria for “low-performing” election offices and, if they don’t improve, to replace the local officials with new election superintendents indefinitely. Supporters said the bill would mean more support for local election officials, as well as accountability for those — such as Fulton County — that have repeatedly had election problems. “The state has come down on Fulton County numerous times, but we still see systemic problems,” said Sen. John Albers, R-Roswell. Critics said the state already has the authority to investigate and hold local officials accountable. They say the proposal would usurp local control of elections guaranteed in the Georgia Constitution. “What this bill is really trying to get to is removing (local) election superintendents,” said Sen. Harold Jones, D-Augusta. The measure passed by a vote of 35-18. SB 89 is one of a slew of bills that seek to reshape voting in Georgia in the wake of a 2020 election that confirmed Georgia’s status as a national partisan battleground. The state helped deliver the presidency to Democrat Joe Biden and flipped control of the U.S. Senate.

Full Article: Georgia bill clears Senate that would let state take over local election boards

Iowa Republicans Approve Fast-Track Dramatic Election Bill | David Pitt/Associated Press

Iowa House Republicans cast the final vote needed Wednesday to send a bill to the governor that sharply limits early voting in the state, months after a general election overseen by a Republican secretary of state resulted in record turnout and overwhelming victories by GOP candidates. The bill passed with only Republican votes just a day after it similarly passed the Senate. Supporters of the legislation cited fraud concerns as the reason early voting must be reined in. However, like in many other Republican-led states where similar steps are being considered, there historically haven’t been widespread concerns about irregularities in the election system. “When we go back home and talk to people in the gas stations, at the grocery stores and at the hardware stores there is no disputing there are tens of thousands of Iowans that tell this Republican caucus every single week when we go home we emphatically support this bill, we want this bill, we think this bill is necessary and we support it,” said Rep. Bobby Kaufmann, who managed the bill in the House. Democrats who are outnumbered in both chambers were left aghast but in no position to stop the changes. Republican Gov. Kim Reynolds, a strong supporter of former President Donald Trump, has indicated she’d consider them. “Last fall we had elections overseen by a Republican secretary of state in which Republicans gained seats in the Iowa House and the U.S. House, so if there is any significant voter fraud in this state then two things are true,” Democratic Sen. Herman Quirmbach of Ames said. “It’s your fault, and second, it raises questions of the legitimacy of your own elections.”

Full Article: Iowa Republicans Approve Fast-Track Dramatic Election Bill | Political News | US News

Louisiana Senate leader wants voting machine search scrapped | Melinda DeSlatte/Associated Press

A key Louisiana Senate leader Thursday called on Secretary of State Kyle Ardoin to jettison his search for new voting machines and redo the effort after seeking more guidance from lawmakers, election experts and the public. In a sharply worded letter to Ardoin, Sen. Sharon Hewitt said the state’s Republican elections chief rushed to start shopping for replacement voting equipment without legislative oversight and without trying to reinforce public trust. She accused Ardoin of “attempting to further avoid public scrutiny by hiding behind a blackout period” now that the solicitation for bidders is underway. “As THE statewide elected official charged with protecting our election procedures, your office’s actions are paramount to building trust and instilling confidence that our elections are fair and run according to Louisiana laws enacted by the legislature,” Hewitt wrote in a letter to Ardoin. Ardoin defended his search for a contractor and suggested he will continue to pursue the effort. Hewitt leads the Senate’s Republican delegation and chairs the Senate and Governmental Affairs Committee that oversees election issues — a position that could make it difficult for Ardoin if he tries to continue shopping for voting machines without her support. Ardoin will need contract approval from the majority-GOP joint House and Senate budget committee before entering into any deal for election equipment, and Hewitt also sits on that panel.

Full Article: Louisiana Senate leader wants voting machine search scrapped

Michigan: Emails reveal Antrim County’s response to problem that fueled conspiracies | Craig Mauger/The Detroit News

Antrim County has inspired nationwide conspiracy theories surrounding the 2020 presidential election, but internal emails from the northern Michigan county clerk’s office show election officials quickly identified the human errors that led to problems with initial results. There wasn’t a mysterious glitch with the Dominion Voting Systems election technology, as some lawyers and advocates have suggested without providing clear evidence. Instead, late changes to the ballot and the lack of a thorough rechecking of the machinery led to the discrepancies. Antrim County election officials realized something went wrong within five hours of posting the unofficial results showing that Democrat Joe Biden won the Republican county stronghold, according to a Detroit News review of hundreds of emails from within the Antrim County Clerk’s Office.  They took responsibility for the mistakes that led to the problems, worked to share information about what had happened but were overpowered by a wave of false allegations. The 2020 election in Antrim County is defined by a handful of errors that turned into fuel for frustrated supporters of President Donald Trump, who handily won Antrim County when the official results were posted three days later but who lost Michigan by 154,000 votes. Instead of emphasizing what happened, which was clear to local election officials on Nov. 4, high-ranking Republicans spent weeks pushing to investigate the situation, which fanned the fires of conspiracy.

Full Article: Emails reveal Antrim’s response to problem that fueled conspiracies

North Dakota Senate has passed a bill hiding presidential vote counts | Bob Port/Jamestown Sun

The fighting over close national elections can be vicious. We saw that last year in the heated battle between Joe Biden and Donald Trump where many of the latter’s supporters made claims of vote fraud. But it’s not a recent phenomenon. Turn back the clock and you find Democrats in the George W. Bush-era hatching conspiracy theories about Diebold voting machines.Given the reality of that sort of turbulence, does it make any sense to make the election process less transparent? Less open to public scrutiny?A bill before the Legislature in Bismarck would do just that. Senate Bill 2271, introduced by Sen. Robert Erbele, a Republican from Lehr, would hide the vote counts for North Dakota’s presidential elections from the public. State officials would still be allowed to release percentage figures representing the share of the vote each candidate got, but the actual vote numbers would be a secret until after the Electoral College votes from each state are cast. Surprised you haven’t heard of this bill? Don’t be. It hasn’t gotten much attention, despite having sailed through the Senate already on a lopsided 43-3 vote. It’s “almost a politburo situation from Soviet Russia,” Saul Anuzis said on this episode of Plain Talk. Anuzis is a long-time Republican leader – he led the Michigan GOP for years and was twice a candidate for chairman of the Republican National Committee – and of late is a proponent of an interstate compact promoting the national popular vote. He says Erbele’s bill is being pushed by a lobbyist opposed to the national popular vote, the idea being that North Dakota can’t participate in any national popular vote proposals if we don’t report our popular vote totals.

Full Article: Plain Talk: North Dakota Senate has passed a bill hiding presidential vote counts | Jamestown Sun

Pennsylvania counties will again be unable to process mail ballots early during primary election | Marie Albiges/Spotlight PA

Local officials in Pennsylvania are facing another election without extra time to process mail ballots, likely leading to delayed results and putting increased pressure on counties reeling from the most expensive contest ever. House Majority Leader Kerry Benninghoff (R., Centre) and Rep. Seth Grove (R., York) told the New Castle News last week they likely wouldn’t consider any election-related legislation until after the House State Government Committee completes its 14 election oversight meetings, the last of which is scheduled for May 5, less than two weeks before the May 18 primary. The municipal primary — which includes races for local and appellate court judges, school board members, and township positions — typically has much lower turnout than a presidential race. But election officials said they can’t predict how many voters will take advantage of the state’s no-excuse mail voting law during an off-year election. “It’s just not possible, even with a small election, to get everything counted in one day plus run another election,” said Marybeth Kuznik, Armstrong County’s election director.

Full Article: Counties will again be unable to process mail ballots early during Pa.’s primary election · Spotlight PA

Washington State House passes bill to exempt certain election security information from public records disclosure | Laurel Demkovich/The Spokesman-Review

A bill that would exempt certain election security information from public records disclosures passed the state House of Representatives Wednesday. After an election that brought up questions of security, the bill aims to keep certain election procedures and plans of continuity unavailable to the public. Sponsor Rep. Laurie Dolan, D-Olympia, called it “an election integrity issue.” Election security information and contingency plans should not be provided “as a road map” to the bad actors who want to harm elections, Dolan said. “We need to secure our elections from bad actors in order to have truthworthy results,” she said. The bill passed 61-37, with many Republicans saying they oppose exempting more from the Public Records Act, which requires all state and local governmental entities to make public records available to the public.

Full Article: State House passes bill to exempt certain election security information from public records disclosure | The Spokesman-Review

Wisconsin: Rightwing group nearly forced state to purge thousands of eligible voters | Sam Levine and Alvin Chang/The Guardian

A well-connected conservative group in Wisconsin nearly succeeded in forcing the state to kick nearly 17,000 eligible voters off its rolls ahead of the 2020 election, new state data reveals. The group, the Wisconsin Institute for Law and Liberty (Will), caused a national uproar in late 2019 when it successfully convinced a county judge to order the state to immediately remove more than 232,000 people Wisconsin suspected of moving homes from the state’s voter rolls. The state, relying on government records, had sent a postcard to all of those voters asking them to confirm their address, and Will sought to remove anyone who had not responded within 30 days. Democrats on the commission refused to comply with the order, believing that they didn’t have the authority to immediately remove the voters and that the underlying data wasn’t reliable, and wanted to give voters until April 2021 to confirm their address before they removed them. Appeals courts intervened and blocked the removals; the case is currently pending before the Wisconsin supreme court. There were still more than 71,000 voters still on the list at the end of January who did not respond to the mailer (152,524 people on the list updated their registration at a new address). But new data from the Wisconsin Elections Commission shows how disastrous such a purge could have been. And the dispute underscores the way fights over how states remove people from their voter rolls – often called purging – has become a critical part of protecting voting rights in America. Across the country, Republicans and conservative groups have pushed for aggressive purging, saying it helps prevent fraud. Democrats and voting rights groups say the process can be done haphazardly, leaving eligible voters, particularly minority groups and students, at risk of being wrongly purged.

Full Article: Rightwing group nearly forced Wisconsin to purge thousands of eligible voters | US news | The Guardian

National: U.S. Supreme Court formally pulls the plug on election-related cases | Andrew Chung and Lawrence Hurley/Reuters

The U.S. Supreme Court on Monday brought a formal end to eight lingering disputes pursued by former President Donald Trump and his allies related to the Nov. 3 presidential election including a Republican challenge to the extension of Pennsylvania’s deadline to receive mail-in ballots. The justices turned away appeals by the Republican Party of Pennsylvania and Republican members of the state legislature of a ruling by Pennsylvania’s top court ordering officials to count mail-in ballots that were postmarked by Election Day and received up to three days later. Three of the nine-member court’s six conservative justices – Clarence Thomas, Samuel Alito and Neil Gorsuch – dissented from the decision not to hear the Pennsylvania case. Trump, a Republican, lost his re-election bid to Democrat Joe Biden, who took office on Jan. 20. Biden defeated Trump by more than 80,000 votes in Pennsylvania and the legal case focused on fewer than 10,000 ballots. The high court, as expected, also rejected two Trump appeals challenging Biden’s victories in Pennsylvania and Wisconsin based on claims that the rules for mail-in ballots in the two election battleground states were invalid. The court also turned away separate cases brought by Trump allies in Pennsylvania, Michigan, Georgia and Arizona – all states won by Biden.

Full Article: U.S. Supreme Court formally pulls the plug on election-related cases | Reuters

Editorial: For trusted elections, we should model 2020 | Matt Masterson/TheHill

In the wake of the horrific Jan. 6 attack on the U.S. Capitol — which was fueled by months of lies and conspiracy theories — election officials are left to pick up the pieces of our fractured democracy and begin to rebuild trust in our elections. They cannot and should not be asked to do this alone. It took a whole of government effort to secure the 2020 election and it will take that same level of investment to restore confidence in future elections. President Biden and his administration can play a critical role in this work. First, the new administration must double down on support to state and most importantly, local election officials. These heroes are being asked to defend their systems against threats from criminal actors, nation states and purveyors of disinformation. In the lead-up to the 2020 election, the Cybersecurity and Infrastructure Security Agency, in partnership with the Federal Bureau of Investigation and intelligence community, led the federal effort to support election officials in all 50 states to improve the security and resilience of their systems. This included pushing actionable information regarding cyber activity targeting election networks to thousands of election offices, scanning and testing election networks for vulnerabilities, literally pulling apart election systems to the chips and boards to find and mitigate weaknesses, responding to cyber incidents such as ransomware at the state and local level and sharing intelligence regarding foreign threats to elections broadly across the election community. In the end, this was as smooth and well run a presidential election as I have ever experienced in my fifteen years in elections. In the face of a global pandemic, historic turnout and baseless claims of rigging and malfeasance, state and local election officials rose to the occasion and administered a secure, accessible and accurate election.

Full Article: For trusted elections, we should model 2020 | TheHill

National: ‘No Evidence’ Of Election Fraud In Battleground States, Statistical Analysis Finds As Trump Continues False Claims | Alison Durkee/Forbes

A new MITRE Corporation analysis of eight battleground states’ election results found there was “no evidence of fraud, manipulation, or uncorrected error”—including involving Dominion voting machines—further emphasizing the presidential race wasn’t “stolen” or fraudulent even as former President Donald Trump and his allies continue to push those claims. The analysis, done by MITRE’s nonpartisan National Election Security Lab, looked at presidential election results from Arizona, Florida, Georgia, Michigan, North Carolina, Ohio, Pennsylvania, and Wisconsin, with a focus on several “anomalies” that have been held up by some in the GOP as evidence of potential fraud. In response to a far-right conspiracy theory that Dominion Voting Systems’ voting machines fraudulently flipped votes to Joe Biden, researchers compared results from different vendors’ machines and found “there was no statistical difference” that would suggest votes on Dominion machines were changed. Using statistical data analysis, researchers looked into allegations of so-called ballot harvesting in Georgia–in which third parties deliver people’s ballots, which critics say could cause them to be tampered with—and found “no suspicious indicators” of the practice. There was also no evidence of “vote flipping or ballot box stuffing” in Georgia, after researchers created an “election fingerprint” using turnout and voter data that can be used to detect fraud.

Full Article: ‘No Evidence’ Of Election Fraud In Battleground States, Statistical Analysis Finds As Trump Continues False Claims

National: High-profile elections officials leave posts after a tumultuous 2020 | Fredreka Schouten and Kelly Mena/CNN

A cluster of election officials around the country have lost or left their jobs in recent weeks, as the fallout from the tumultuous 2020 election season continues. The exits come as experts say a wave of departures could be on the horizon, as elections officials reach retirement age or leave jobs that have become increasingly targeted in partisan political battles. Secretaries of state have broad portfolios, ranging from election oversight to registering corporations. The day-to-day responsibilities of administering elections generally fall to officials at the county and city level. Indiana’s Secretary of State Connie Lawson, the state’s longest-serving elections chief, announced Monday her plans to resign, saying “2020 took a toll on me.” On Tuesday, the Fulton County, Georgia, elections board voted 3-2 to remove elections director Richard Barron from his post in the state’s largest county, citing the need to modernize elections. (His future is in flux after a county commission failed to ratify the election panel’s decision.) And Pennsylvania’s top election official Kathy Boockvar, who became a familiar face across the country as she oversaw an intensely scrutinized presidential contest last November, resigned this month after her agency mistakenly failed to advertise a proposed constitutional amendment — an error unrelated to the 2020 election. Potentially a quarter of local election officials in some of the country’s largest jurisdictions are planning to retire before 2024, according to a survey of 857 officials in all 50 states by the Early Voting Information Center at Reed College.

Full Article: High-profile elections officials leave posts after a tumultuous 2020 – CNNPolitics

National: Meet SG3: The Élite Legal Squad That Vowed to Safeguard the Election | Jane Mayer/The New Yorker

Last March, after President Trump declaimed that the only way he could lose the election was if there was fraud, Seth Waxman couldn’t sleep. A member of the tiny, élite club of litigators who have served as Solicitors General of the United States, Waxman is not a mellow guy. An obsessive runner with the wound-up energy of a twisted rubber band, he often wakes up at three in the morning agitated by something or other. Typically, he makes a cup of tea, works for an hour, and goes back to bed. But the insomnia last March, he said, “was, like, five nights in a row!” The proximate cause was what he calls “the Doomsday scenarios,” which he feared could unfold if Trump tried to subvert the 2020 election. Could the President order the election postponed because of the pandemic? he wondered. Could he call a reunion of the ice agents he sent into Portland to intimidate minority voters in urban centers? Night after night, Waxman tabulated every possible thing that could go wrong. Having advised several Democratic Presidential campaigns, he was familiar with the pitfalls. But none of the nightmares conjured by Trump “corresponded with anything I’d worried about in earlier campaigns,” he said. He ended up with a three-and-a-half-page single-spaced list of potential catastrophes. Eleven months before the Senate impeachment trial exposed an unprecedented level of political savagery, Waxman quietly prepared for the worst. He reached out to two other former Solicitors General, Walter Dellinger and Donald Verrilli, who served as the Clinton and the Obama Administrations’ advocates, respectively, before the Supreme Court. By April, they had formed a small swat team to coördinate with the Biden campaign. They called themselves the Three Amigos, but the campaign referred to them as SG3. Their goal: safeguarding the election.

Full Article: Meet SG3: The Élite Legal Squad That Vowed to Safeguard the Election | The New Yorker

National: State GOP lawmakers propose flurry of voting restrictions to placate Trump supporters, spurring fears of a backlash | Amy Gardner/The Washington Post

GOP state lawmakers across the country have proposed a flurry of voting restrictions that they say are needed to restore confidence in U.S. elections, an effort intended to placate supporters of former president Donald Trump who believe his false claims that the 2020 outcome was rigged. But the effort is dividing Republicans, some of whom are warning that it will tar the GOP as the party of voter suppression and give Democrats ammunition to mobilize their supporters ahead of the 2022 midterms. The proposals include measures that would curtail eligibility to vote by mail and prohibit the use of ballot drop boxes. One bill in Georgia would block early voting on Sundays, which critics quickly labeled a flagrant attempt to thwart Souls to the Polls, the Democratic turnout effort that targets Black churchgoers on the final Sunday before an election. States where such legislation is under consideration also include Arizona, Florida, Texas, Pennsylvania, Michigan and Wisconsin. Proponents say the actions are necessary because large numbers of voters believe Trump’s false assertions that President Biden won the 2020 election through widespread fraud. “The goal of our process here should be an attempt to restore the confidence of our public in our elections system,” said Barry Fleming, a state lawmaker from Evans, Ga., and the chairman of the newly formed House Special Committee on Election Integrity.

Full Article: GOP lawmakers propose flurry of voting restrictions to placate Trump supporters – The Washington Post

National: Dominion files defamation lawsuit against MyPillow’s Mike Lindell over false claims voting machines were rigged against Trump | Emma Brown/The Washington Post

Dominion Voting Systems on Monday filed a defamation lawsuit against Mike Lindell, chief executive of MyPillow, arguing that Lindell has refused to stop repeating false claims that the company’s voting machines were manipulated to rig the 2020 election against President Donald Trump. Dominion is seeking more than $1.3 billion from Lindell, a staunch Trump supporter. The company says Lindell contributed to a “viral disinformation campaign” about Dominion on social media, in broadcast interviews, at public pro-Trump rallies and in a two-hour documentary about election fraud — entitled “Absolute Proof” — that he created and paid to air on One America News. The 115-page complaint, filed in federal court in the District, alleges that Lindell, a “talented salesman,” used falsehoods about Dominion to promote MyPillow to fellow Trump supporters. It names both Lindell and his company as defendants and outlines several instances in which Lindell used appearances on conservative media to hawk his products. Dominion sent multiple letters to Lindell, warning that he was putting himself in legal jeopardy by spreading lies about the company. “Despite having been specifically directed to the evidence and sources disproving the Big Lie, Lindell knowingly lied about Dominion to sell more pillows to people who continued tuning in to hear what they wanted to hear about the election,” the complaint says.

Full Article: Dominion files defamation lawsuit against MyPillow’s Mike Lindell over false claims voting machines were rigged against Trump – The Washington Post

Arizona: Election lawsuit from GOP chair Kelli Ward denied hearing by U.S. Supreme Court | Maria Polletta/Arizona Republic

The U.S. Supreme Court will not consider Arizona Republican Party leader Kelli Ward’s claim she was denied due process when challenging the state’s presidential election results.Nor will justices review Ward’s constitutional challenge of the federal “safe harbor” deadline, the cutoff by which states must resolve election disputes to guarantee Congress will count their electors’ votes.The court announced its decision Monday without explanation. Ward did not immediately respond to a request for comment.Ward, chair of the state party and an avid supporter of former President Donald Trump, initially filed the lawsuit Maricopa County Superior Court, seeking to have a judge void President Joe Biden’s 10,457-vote win in Arizona.She questioned the signature verification process used by Maricopa County to authenticate mail-in ballots — as well as the duplication process election officials used to count ballots that tabulation machines couldn’t read — and asked to inspect thousands of Arizona ballots for irregularities. Superior Court Judge Randall Warner granted Ward only a limited review, as the federal “safe harbor” deadline for election challenges was fast approaching. Of the more than 1,700 ballots Ward’s team inspected, six contained errors that hurt Trump and two contained errors that hurt Biden. Over a day and a half of testimony and oral arguments, Ward’s team failed to prove anything beyond a handful of garden variety mistakes, the judge ruled. If the error rate identified in the sample held statewide, government attorneys said, Trump would’ve gained fewer than 200 votes.

Full Article: U.S. Supreme Court won’t hear Kelli Ward’s lawsuit on Arizona election

Georgia voters confront lawmakers over Sunday and absentee voting | Mark Niesse and David Wickert/The Atlanta Journal-Constitution

An expansive bill that would end Sunday voting, limit drop boxes and require ID for absentee ballots moved closer to a vote after a Georgia House elections committee listened to nearly three hours of public comments Monday. Voting rights advocates told lawmakers the bill would reduce turnout and create new limitations on voting without doing much to improve election security. Skeptics of Georgia’s elections said they’re suspicious of absentee voting and encouraged legislators to pass stricter laws that would ensure only legitimate voters cast absentee ballots. In the midst of the COVID-19 pandemic, 1.3 million Georgia voters cast absentee ballots, but election officials, backed up by multiple recounts, have said there’s no evidence that widespread fraud occurred during the presidential election. The House Election Integrity Committee could vote on the sweeping legislation, House Bill 531, as soon as Tuesday, potentially setting it up for a vote in the full House of Representatives within days. Several people told lawmakers that restrictions on Sunday voting and absentee ballots would disproportionately affect Black voters who participate in ”Souls to the Polls” events after church during early voting. “Voter confidence is improved through community conversation and engagement, not through barriers to access to the voting booth,” said the Rev. James Woodall, president for the Georgia NAACP.

Full Argticle: Georgia lawmakers to decide on limits to Sunday and absentee voting

Georgia Republicans File Sweeping Elections Bill That Limits Early, Absentee Voting | Stephen Fowler/Georgia Public Broadcasting

Republicans in the Georgia House have released an omnibus elections bill that proposes tougher restrictions on both absentee and in-person early voting, among other sweeping changes to election laws after a controversial 2020 election. HB 531, filed by Rep. Barry Fleming (R-Harlem) was introduced directly into the Special Committee on Election Integrity on Thursday, and the text of the bill was made available about an hour before the 3 p.m. hearing. Section 12 of the bill would provide “uniformity” to the three-week early voting period, Fleming said, requiring all counties to hold early voting from 9 a.m. to 5 p.m. Monday through Friday for three weeks before the election, plus a mandatory 9-to-5 period of voting the second Saturday before the election. It would allow counties to extend hours to 7 a.m. and 7 p.m., but would prohibit counties from holding early voting any other days — including Sunday voting popular in larger metro counties and a high turnout day for Black voters that hold “souls to the polls” events.

Full Article: Georgia Republicans File Sweeping Elections Bill That Limits Early, Absentee Voting | Georgia Public Broadcasting

Iowa bill shortening early voting period heading toward passage this week | Stephen Gruber-Miller/Des Moines Register

Iowa lawmakers spent an hour Monday night listening to members of the public criticize legislation to shorten the state’s early voting period. But the public comments are unlikely to slow the measure down. It is expected to pass the state House and Senate this week. Opponents of the legislation outnumbered supporters at an hourlong public hearing in the House Monday night. Hundreds of people also submitted comments about the legislation online, the vast majority of which were opposed. Some speakers said they were concerned that the legislation would make it harder for elderly and disabled Iowans to vote. Others praised the bill, which they said would increase the integrity and uniformity of Iowa elections. Companion bills in the House and Senate, House File 590 and Senate File 413, would shorten Iowa’s early voting period by 11 days, taking it from 29 days to 18. The legislation would also forbid county auditors from mailing absentee ballot request forms to voters or set  up satellite voting sites unless petitioned. And the bills would create new criminal charges for county auditors who disobey state rules.

Full Article: Iowans weigh in on bill, headed for quick passage, shortening early voting period

Kansas officials rack up $4M bill in defense of Kris Kobach’s baseless voter fraud law | Sherman Smith/The Kansas City Star

The American Civil Liberties Union and other attorneys want to be repaid more than $4 million for their five-year legal battle with Kansas officials who fought to restrict voter registration under the false pretense of widespread voter fraud. The proposed price tag adds a punctuation mark to the prolonged fight over former Secretary of State Kris Kobach’s signature law, which required new voters to prove their citizenship before registering to vote. Kobach suffered defeat during an embarrassing 2018 trial in federal court, and stiffed taxpayers with the bills when he was twice held in contempt and ordered to go back to law school. Nadine Johnson, executive director of the ACLU of Kansas, said Kobach and others who were determined to defend an unconstitutional law were to blame for the cost. “That’s a choice they made,” Johnson said. “They can’t then come back and say that it’s our fault. They made that choice. You can’t throw up all these roadblocks, and then complain that we’re pushing through the roadblocks.”

Full Article: Kobach’s voter fraud bill costs Kansas millions | The Kansas City Star

Montana: ‘Our best chance to make our voices heard’: Bill for Native American Voting Rights Act introduced in committee | Nora Mabie Great Falls Tribune

Introduced in committee on Wednesday, a Native American Voting Rights Act bill will generally revise election procedures on reservations to reduce barriers to voting in Indigenous communities. Sponsored by Rep. Sharon Stewart-Peregoy, D-Crow Agency, House Bill 613 would require at least two permanent satellite election offices for each federally recognized tribe and require precinct polling place notices to include locations on reservations. It would also authorize the use of nontraditional addresses for voters. “This (bill) is very important in the respect that it’s really looking at ensuring our rights as citizens are not undercut,” said Stewart-Peregoy. Keaton Sunchild, political director for Western Native Voice who worked closely with Stewart-Peregoy on the bill, said the HB 613 symbolizes progress. “This bill will do nothing but push us forward and make Montana one of the leaders in the United States in terms of Native voting rights. … For far too long, people in power have tried to silence the Native vote, and we think this is our best chance to make our voices heard,” he said. 

Full Article: Native American Voting Rights Act bill introduced in Montana

Michigan: U.S. Supreme Court won’t rule on Sidney Powell’s lawsuit | Beth LeBlanc and Craig Mauger/The Detroit News

The U.S. Supreme Court will not weigh in on a case brought by a group of Michigan Republicans seeking to overturn President Joe Biden’s win in the state. The nine justices on Monday denied the plaintiffs a writ of certiorari, meaning the case filed by Sidney Powell and other attorneys will not proceed. The King v. Whitmer lawsuit was filed in federal court in late November on behalf of three Republican Electoral College electors and three local GOP officials who cited conspiracy theories, unproven claims of fraudulent election software and analyses to call into question Biden’s 154,000-vote win in Michigan. The Supreme Court’s action Monday “once and for all ends these frivolous election cases,” said David Fink, lead counsel for the City of Detroit, which had intervened in the litigation. “Every claim of election fraud in Michigan has been rejected,” Fink said. “It’s time for the attorneys who filed these baseless lawsuits to be held accountable for their actions.” The Republicans who filed the suit included Timothy King, Marian Sheridan and John Haggard, who would have been presidential electors had former President Donald Trump won the election. Sheridan was elected earlier this month to serve as grassroots chair for the Michigan Republican Party. 

Full Article: U.S. Supreme Court won’t rule on Powell’s Michigan lawsuit

New Hampshire: Sununu addresses Windham recount results that show Republicans were shorted votes | Paul Steinhauser/Concord Monitor

Gov. Chris Sununu says he won’t let “slip by” an apparent voting discrepancy in a state House of Representatives race in Windham – which has grabbed national exposure and even caught the attention of former President Donald Trump. “We’re not going to let that slip by. We’re going to attack it, at all levels, and make sure that we really get to the root of the problem,” New Hampshire’s three-term Republican governor said Thursday at a news conference. “And make sure that, even though it may have been a small problem, that it isn’t systematic across anything.” The saga began on Election Day last November when Democrat Kristi St. Laurent, a candidate for one of four seats to represent Rockingham District 7 in the state House, was just 24 votes shy of winning. The narrow margin triggered a recount of the ballots. Here’s where it gets interesting. The recount discovered that four long-serving AccuVote optical scanning machines that were used on Election Day shorted the four GOP candidates in the contest between 297 and 303 votes. Three other Democratic candidates were shorted 18 to 28 votes, but the recound showed St. Laurent was credited with 99 more votes than were cast for her. The result of the recount – which was witnessed by dozens of officials and observers – was, to say the least, puzzling. With state law only allowing for a single recount in political races, New Hampshire’s Ballot Law Commission accepted the recount’s results. But Republicans asked the state Attorney General’s Office to investigate the matter.

Full Article: On the Trail: Sununu addresses Windham recount results that show Republicans were shorted votes

New Jersey Senate passes early voting bill, a more than $30 million state mandate | Michelle Brunetti Post/Press of Atlantic City

The state Senate on Monday passed a bill that would require early voting by machine be available for the first time in New Jersey. If it passes the Assembly and is signed by the governor, the state would join about half in the U.S. to offer it. Voters could have access to machine voting 10 days ahead of the official Election Day, Nov. 2. Counties would need to buy electronic poll books and optical-scan voting machines that read hand-marked paper ballots, or other voting machines that produce a paper trail, according to the bill. Assemblyman Vince Mazzeo, whose Assembly State and Local Government committee passed the bill in October, said it would be a mandate funded by the state. “It would be in the neighborhood of the upper $30 millions,” Mazzeo said of the cost statewide. The bill would require each county to set up at least three designated early voting locations, with the number based on population. Atlantic County would need five and Cape May and Cumberland counties would require three. Early voting would be available four days ahead of a nonpresidential primary, six days ahead of a presidential primary and 10 days ahead of a general election, under the bill.

Full Article: Senate passes early voting bill, a more than $30 million state mandate | Latest Headlines | pressofatlanticcity.com