Trump trial: Jan. 6 charges will be the most important case in U.S. history / Richard L. Hasen/Slate

Forget hush money payments to porn stars hidden as business expenses. Forget showing off classified documents about Iran attack plans to visitors, and then ordering the pool guy to erase the security tapes revealing that he was still holding onto documents that he had promised to return. Forget even corrupt attempts to interfere with election results in Georgia in 2020. The federal indictment just handed down by special counsel Jack Smith is not only the most important indictment by far of former President Donald Trump. It is perhaps the most important indictment ever handed down to safeguard American democracy and the rule of law in any U.S. court against anyone. Read Article

What 2020 Did — And Didn’t — Change About How Americans Vote | Kaleigh Rogers/FiveThirtyEight

The 2020 election brought about significant changes to the American voting system, driven by the COVID-19 pandemic and former President Donald Trump’s false claims of a stolen election. One of the most notable changes was the surge in mail-in voting, which had been steadily increasing since 1996 but intensified during the 2020 cycle. While the pandemic accelerated some trends, Mark Lindemann of Verified Voting notes that the larger trend was already moving away from paperless systems, with more and more jurisdictions adopting paper ballots marked by voters. However, Lindemann acknowledges that the push for hand-counting ballots, driven by distrust in machines, has emerged, but it remains in the minority. Overall, the 2020 election had a profound impact on voting methods and election infrastructure, setting the stage for a transformed landscape for future elections, with some aspects reflecting natural evolution while others were influenced by extraordinary circumstances. Read Article

New York State Board of Elections votes to certify controversial touch-screen voting machines | Karen DeWitt/WXXI

The New York State Board of Elections has certified the ExpressVote XL for use in future elections. The decision was met with opposition from government reform groups who raised concerns about the machine’s lack of a verified paper trail and potential vulnerability to cyberattacks. The machine prints a ballot on thermal paper, which the voter can view but not handle, and converts it into a barcode for recording the results. Currently, all voting machines in New York use paper ballots filled out by hand and fed into tallying machines. The certification has sparked debate and criticism from some commissioners and reform groups who argue that the existing hand-marked paper ballots are more secure and reliable. Read Article

National: Trump indicted over efforts to overturn his 2020 presidential election loss | Eric Tucker and Michael Kunzelman/Associated Press

Donald Trump was indicted on felony charges related to his efforts to overturn the 2020 election and the subsequent Capitol riot. The four-count indictment accuses Trump of conspiring to defraud the U.S. government, obstructing an official proceeding, and violating a civil rights statute by attempting to violate the right to vote. The charges provide further insight into his campaign of lies about the election results and how he sought to exploit the Capitol violence to delay the certification of Joe Biden’s victory. This marks the third criminal case against Trump and is the first time a defeated president is facing legal consequences for attempting to cling to power. Read Article

National: New guidelines mean the next voting machines should be more secure. No need to panic about the current ones. | Jessica Huseman/Votebeat

At a recent National Association of State Election Directors conference in South Carolina, the update to the Voluntary Voting Systems Guidelines (VVSG 2.0) was discussed. The guidelines, originally adopted in 2005 and mildly updated in 2015, have undergone a full update in late 2021 to accommodate better technology and set standards for disabled voters’ interactions with voting machines. Despite the importance of these updates, there has been misinformation circulating on social media platforms and far-right blogs, claiming that all current voting machines will be compromised and decertified due to the new standard. This is false. The VVSG is a system of voluntary guidelines, and while new machines will be certified to the higher standard, existing machines will remain functional and reliable. The update is long overdue and welcomed by election administrators, as the current standards are outdated. The comparison to cars with updated safety features showcases that older machines will still be operational, just not certified to the latest standard. Read Article

National: Election disinformation campaigns targeted voters of color in 2020. Experts expect 2024 to be worse | Christine Fernando/Associated Press

Community organizations are bracing for an increase in disinformation campaigns targeting communities of color and immigrant communities as the 2024 election approaches. During the 2020 election, false claims, often tailored to specific communities, spread on social media, impacting the perceptions and trust in the voting process among people of color. Tailored disinformation targeted topics of importance to each community, exploiting their fears and past experiences in their home countries. Language barriers and reliance on translated content for voting information also contributed to the spread of misinformation. Advocates are urging social media companies to invest in content moderation and fact-checking in languages other than English, while government and election officials should make voting information more accessible to non-English speakers and organize media literacy trainings in community spaces to combat disinformation. Read Article

Arizona Republicans wanted to hand-count ballots. Then they saw the price tag — and the errors. | Jane C. Timm/NBC

The Mohave County Board of Supervisors voted 3-2 against adopting a hand-counting process for ballots in the 2024 elections after discovering that it would cost over $1.1 million and result in inaccurate results. Some conservatives, including allies of former President Donald Trump, have advocated for hand-counting as a way to ensure election accuracy, but Mohave County’s experience showed that it is expensive, impractical, and potentially unreliable. The test run of hand-counting 850 test ballots resulted in errors, including bored and tired staffers making mistakes, messy handwriting in tallies, and other issues. The total cost for the process, including staffing, security, and venue rental, was deemed too high and impractical for the county’s projected budget deficit. Read Article

California: Glenn County Supervisors discuss potentially eliminating Dominion voting machines | Anwar Stetson/KRCR

The Glenn County Board of Supervisors discussed the possibility of switching to hand-counting ballots in local elections following concerns raised by citizens about voter fraud. Influenced by Shasta County’s decision to remove Dominion voting machines, residents urged their supervisors to do the same. However, they are cautious about making changes due to the pending AB-969 bill in the state committee, which could prevent counties with over one thousand people from hand-counting ballots. The board was receptive to the public’s concerns but did not take any immediate action or make a decision to eliminate voting machines. Read Article

Georgia: Renewed call for paper ballots flares up at crowded State Election Board meeting | Stanley Dunlap/Georgia Recorder

Several election integrity groups are urging Georgia election officials to replace electronic voting machines with paper ballots before the 2024 presidential election. Critics argue that the current Dominion voting machines are susceptible to hacking, and they point to baseless conspiracy theories claiming widespread voter fraud in the 2020 election. A petition filed by the Coalition for Good Governance calls for more stringent inspections of voting equipment and recommended cybersecurity measures to reduce the chance of breaches. Georgia Secretary of State Brad Raffensperger defends the current system as secure and battle-tested, and he has a four-step plan in place to ensure the accuracy of the 2024 election results. The state election board is expected to reconsider its decision to delay security updates on the voting system until after the 2024 election cycle. Read Article

Georgia election security upgrades considered after Capitol meeting | Mark Niesse/The Atlanta Journal-Constitution

Georgia election officials are considering a faster and more extensive rollout of upgrades to Dominion voting machines in response to concerns over election security. Secretary of State Brad Raffensperger announced a plan for election equipment testing and audits to ensure voting equipment’s accuracy ahead of the 2024 presidential campaign. The move comes after a federal judge unsealed a report by a computer scientist that identified “critical vulnerabilities” in the voting system. Dominion’s voting system has faced criticism since the 2020 election, especially from Republican supporters of Donald Trump. The upgrades will not be installed in counties preparing for local elections this fall, but Raffensperger signaled a willingness to move forward in other counties. ‘Read Article

Michigan prosecutors charge Trump allies in felonies involving voting machines, illegal ‘testing’ | Joey Cappelletti/Associated Press

Matthew DePerno, a former Republican attorney general candidate who was endorsed by Donald Trump, and Daire Rendon, a supporter of Trump and a former Republican state representative, have been charged in Michigan for accessing and tampering with voting machines after the 2020 election. DePerno was charged with undue possession of a voting machine and conspiracy, while Rendon was charged with conspiracy to commit undue possession of a voting machine and false pretenses. They are accused of taking five vote tabulators from three counties to a hotel room and performing “tests” on the equipment. Both have denied wrongdoing, but DePerno has been named as a “prime instigator” in the case. These charges are part of the legal consequences some are facing for crimes committed after embracing Trump’s false claim of a stolen election. The former president himself is also under investigation for election interference in Georgia. Read Article

Michigan lawsuit to ‘rerun’ 2020 election dismissed by federal judge | Clara Hendrickson/Detroit Free Press

A federal judge has dismissed a lawsuit seeking to decertify the 2020 presidential election and order a new one. The lawsuit, filed against Michigan Governor Gretchen Whitmer and Secretary of State Jocelyn Benson, alleged malfeasance in the election results. The judge stated that many of the allegations lacked proof or resolution and were based on tired examples that have been debated for years. The lawsuit’s dismissal is another failed attempt to challenge the election outcome, with post-election audits and investigations upholding the results. Michigan’s Attorney General Dana Nessel welcomed the decision, emphasizing the importance of upholding democracy and the accuracy of elections. Read Article

Minnesota Secretary of State’s Office tests ES&S ExpressVote ballot marking devices with new ‘skinny’ ballots | Rochelle Olsen/Star Tribune

Minnesota’s voting process underwent scrutiny as election officials from Secretary of State Steve Simon’s office tested new voting machines in an open-door session. The machines, provided by Election Systems & Software (ES&S), are designed to allow voters to mark ballots using a touch screen and generate smaller ballots that are more accessible for people with disabilities. The certification process is public and subject to open meetings laws, aiming to inspire confidence in the election system. The results will be presented to Secretary Simon for approval, and if passed, cities and counties can purchase these machines for upcoming elections. Read Article

As New Hampshire voting machines age, state weighs alternatives | Ethan DeWitt/New Hampshire Bulletin

Many cities and towns in New Hampshire are using Accuvote machines to count ballots in elections, but the machines are growing old and facing difficulties due to the lack of manufacturing and parts availability. The state is now considering a necessary upgrade to replace the aging machines. Town and city clerks and moderators will gather in Concord for a demonstration of three possible candidates to replace the Accuvote tabulators, and the Ballot Law Commission will decide which machines to approve for future use. While some municipalities are eagerly anticipating the approval of new machines, others are content with their current Accuvote machines but acknowledge the need for an upgrade. The decision will be crucial as the presidential primary election in February 2024 approaches. Read Article

New York State Board of Elections certifies controversial ES&S ExpressVoteXL voting machines | Joshua Solomon/Albany Times-Union

The New York State Board of Elections voted 3-1 to allow counties to purchase a digital voting machine called the ExpressVote XL, which has been a subject of concern for voting rights groups and good government advocates. The decision comes after more than five hours of debate, during which the commissioners discussed potential security issues with the machine’s software and the need for hand audits. While some commissioners expressed concerns about the machine’s security and transparency, others supported it as a way to improve the voting experience for people with disabilities and non-English speakers. The use of digital voting machines has been a controversial topic, with former President Donald Trump raising concerns about potential fraud with voting machines in the 2020 election. Read Article

New York: Critics unhappy with Board of Elections certification of ES&S ExpressVoteXL | Susan Arbetter/Spectrum News

The New York State Board of Elections has voted to certify the ExpressVote XL Universal Voting System, a touch-screen voting machine that displays the entire ballot on a 32-inch screen. The system aims to eliminate the need for interpretation of a voter’s intent, which has been an issue in the state. However, the new technology has faced criticism from cybersecurity election experts and good-government groups like Common Cause, who prefer voter-marked paper ballots read by scanners. Concerns include the system’s cost, potential security vulnerabilities with Windows 10 (which it uses), and the lack of direct control for voters to verify their selections. The certification comes with two amendments, one addressing ongoing improvement and testing issues and the other requiring hand audits of all ExpressVote XL summary cards. Read Article

Opinion: ExpressVote XL “fix” doesn’t fix anything | Andrew Appel/Freedom to Tinker

Five years ago I described a serious security flaw in the design of all-in-one voting machines made by two competing manufacturers, ES&S and Dominion. These all-in-one machines work like this: the voter indicates choices on a touchscreen; then a printer prints the votes onto a paper ballot; the voter has a chance to review the ballot to make sure the right choices are printed; then the machine sends the ballot past an optical scanner to record and tabulate the votes. Then the mechanism drops the paper into a ballot box where it is saved for recounts or audits. The reason we have paper (in addition to the optical scanner’s computer-count of the votes) is for our protection, in case the software in the voting machine is hacked. The votes printed on the paper and seen by the voter, can be seen again by the humans performing the recount or audit. The fatal flaw is having the ballot printer in the same paper path that goes from the voter to the ballot box. That’s because the machinery (printer, scanner, motor-driven rollers) is controlled by the software, and if the software is hacked (replaced by fraudulent software) then the software can make the machinery do things “out of proper order”. In particular, after the voter approves the ballot and touches the “cast-vote” button on-screen, the software is supposed to convey the ballot past the scanner into the ballot box; but hacked software can direct the machinery to take a detour past the printer, where additional votes are printed on to the ballot that the voter did not approve. Read Article

North Carolina: ‘Ripe for political violence’: US election officials are quitting at an alarming rate | Daniel Walton/The Guardian

Adam Byrnes, a 21-year-old political science graduate from Emory University, is serving as the director of elections for Swain County, a critical swing state region in western North Carolina. He took on the role before graduating and is currently preparing for municipal elections in Bryson City while laying the foundations for the 2024 presidential contest. Byrnes is among a new wave of election officials entering the field, as at least 40 of North Carolina’s 100 counties have had to replace their election directors in the last four years due to retirements, resignations, and other career moves. These new officials are faced with handling a complex voting system and heightened work-related stress, especially in a politically charged environment. They must navigate changes in election laws and address controversial issues, such as voter ID requirements, while trying to build trust and ensure fair elections. Read Article

Wisconsin: Fighting election denial one community at a time | Henry Redman/Wisconsin Examiner

Former Republican state Sen. Kathy Bernier and Keep Our Republic, a nonprofit organization, held an event at the Chippewa County Courthouse to restore voters’ trust in Wisconsin’s election systems and counter election misinformation. The event aimed to provide accurate information about the state’s election administration to community leaders and local election officials, so they can respond accurately to voter concerns and questions. Bernier, who has been pushing back against 2020 election conspiracies, hopes that by providing facts and information about the election system, it will help address concerns about election integrity and misinformation that have arisen since the 2020 election. Read Article

How a Wisconsin official became ‘a scapegoat’ for voter fraud falsehoods | Alice Herman/The Guardian

The future of Meagan Wolfe, Wisconsin’s top election administrator, is uncertain as her reappointment has turned into a political showdown with Republicans in the state. Wolfe, a respected and experienced elections official, has been targeted by right-wing conspiracy theories about her role in the 2020 election. False claims that the election was stolen have been pointed at the Wisconsin Elections Commission (WEC), with Wolfe being blamed as a conspirator to deliver the presidency to Democrats. Her reappointment has become a contentious issue, with right-wing activists and public figures opposing it, leading to concerns about the continued distrust in Wisconsin’s elections as the state approaches another presidential election year. Despite her record of successfully running clean elections during a difficult time in 2020, the attacks on Wolfe persist, and the situation has become a worrying trend for elections experts. Read Article

Activists for hand-counting ballots don’t acknowledge drawbacks: More mistakes, time, and money | Jessica Huseman/Votebeat

The effort to expand hand-counting ballots in elections continues despite evidence that it is less accurate, more time-consuming, and costly compared to using tabulators. Advocates claim hand-counting is straightforward, but in reality, it involves complex processes, requiring many people, time, and space, leading to increased opportunities for errors. Hand-counting is less efficient in the United…

National: Head of US cybersecurity agency sees progress on election security, with more work needed for 2024 | Christina A. Cassidy/Associated Press

The head of the U.S. Cybersecurity and Infrastructure Security Agency (CISA), Jen Easterly, announced plans to strengthen election system protection by hiring 10 additional election security specialists who will interact directly with state and local officials. Despite significant progress in safeguarding election systems since the 2016 presidential election, there are growing concerns about emerging threats,…

National: Meta’s Threads needs a policy for election disinformation, voting groups say | Dara Kerr/NPR

Threads, the new social media platform launched by Facebook’s parent company Meta, has gained tens of millions of users in less than a month. However, voting rights groups are concerned as Threads has not outlined a plan to curb election disinformation on the site. The groups, including Vote.org and End Citizens United, sent a letter to Meta asking for a robust plan to ensure strong election policies are in place, especially with the 2024 election cycle approaching. While Meta claims that Facebook’s rules apply to Threads, the voting rights groups argue that a standalone policy is necessary to clarify implementation and enforcement. Read Article

National: ‘Local elections are at risk’: Senator Warnock reintroduces legislation to stop election interference | Ambria Burton/Georgia Public Broadcasting

Georgia Sen. Raphael Warnock has reintroduced the Preventing Election Subversion Act of 2023 in Congress to protect local state election administrations from partisan interference and address challenges with voter registration. The bill aims to limit the baseless removal of local election officials, allowing removal only for specific reasons, and provides a federal cause of action to enforce this standard. It also addresses voter challenges by requiring personal knowledge to support each individual challenge and aims to prevent the targeting of specific demographics based on their beliefs or background. Warnock’s bill comes after a study showed that at least 20 states have introduced bills focused on election interference, raising concerns about partisan subversion and interference in the democratic process. Read Article

National Association of Counties Adopts Resolution Urging Congress to Protect Election Officials from Threats, Intimidation | Kevin Kinnally/Conduit Street

The National Association of Counties (NACo) has passed a resolution urging Congress to impose appropriate penalties for threats and intimidation against public servants responsible for fair elections. The resolution calls for legislation to penalize offenses such as harassing or intimidating election officials, threatening them or their families, attempting to pressure officials to violate state law or the Constitution, and disseminating personal information about them. Election officials are facing increased attacks, with nearly one in three experiencing harassment, abuse, or threats. Read Article

National: First Findings Shed Light on Role of Social Media Algorithms in 2020 Election | UT News

An academic team from multiple universities collaborated with Meta to study the impact of social media on the 2020 U.S. election. The researchers found that algorithms had a significant effect on what users saw on their feeds, but changing the algorithms for a few months did not impact participants’ political attitudes. The study, co-led by researchers from the University of Texas at Austin and New York University, aimed to understand the influence of social media on American democracy. Despite altering various aspects of Meta’s algorithm for three months during the election period, including removing reshared content and changing to a chronological feed, there were no significant effects on political polarization or ideological extremity. Further research from the project will provide insights into the content and behavior on the platforms. Read Article

National: AI Disinformation Drives Lawmaker Fears About 2024 ‘Wild West’ | Oma Seddiq and Amelia Davidson/Bloomberg

As the 2024 elections approach, lawmakers are facing a short timeframe and lack of consensus to address the threat of deepfakes, which could manipulate and shape the outcome of the elections. The increased use of artificial intelligence by political campaigns has surpassed the efforts of Congress, political parties, and regulators to address the technology’s potential for disinformation. Some Democrats have introduced bills to require labeling on political advertisements that use AI, but Republicans have been slow to support such legislation. Congress is still grappling with understanding the rapidly evolving technology and may be months away from introducing comprehensive legislation to address AI’s threats in elections. In the meantime, political ad spending on deepfakes is expected to increase, raising concerns about the spread of false and misleading content to voters. Read Article

National: Trump condemned Jan. 6 rioters, now he’s become a big supporter | Jill Colvin/Associated Press

Former President Donald Trump, who initially condemned the violence of the January 6, 2021 Capitol rioters, has now evolved to downplaying the violence, praising the rioters as patriots, and spreading false claims about the attack. He is currently the early front-runner in the 2024 Republican presidential primary and has vowed to pardon a “large portion” of Jan. 6 defendants if he wins a second term. He has also fundraised for them, befriended their families, and collaborated on a song featuring Jan. 6 defendants singing “The Star-Spangled Banner” over a prison phone line. Trump’s evolution comes as Republicans, public opinion, and some in Congress have sought to recast the mob as nonviolent and downplay the severity of the attack. Read Article

Opinion: Nonpartisan Election Administration Is the Norm in Other Democracies. Why Not Here? | Thom Reilly/Governing

A study conducted by the Center for an Independent and Sustainable Democracy at Arizona State University found that Arizona voters strongly support requiring top state and local election officials, such as secretary of state and county recorder, to be elected in a nonpartisan manner. The study surveyed registered voters from different parties, and 92 percent of respondents felt that top election officials should take an oath to function in a nonpartisan manner. Currently, most states in the United States select chief election officers through explicitly partisan processes, leading to concerns about public trust and polarizing campaigns. Implementing a nonpartisan election system could potentially increase overall confidence in the election system and reduce distrust in elections. Read Article

Arizona’s 11 Republican fake electors face state, federal scrutiny  | Robert Anglen/Arizona Republic

A group of 84 people, including Republican officials, lawmakers, and candidates from seven swing states, falsely claimed to be alternate electors in a coordinated plot to keep Donald Trump in office after the 2020 presidential election. In Arizona, 11 top party officials and candidates avowed they were the state’s “duly elected and qualified electors” and cast their votes for Trump, despite him not winning the state. Arizona Attorney General Kris Mayes has launched an investigation into the state’s fake electors, and similar probes have taken place in Nevada, Georgia, and Michigan. Read Article