National: Previously Secret Memo Laid Out Strategy for Trump to Overturn Biden’s Win | Maggie Haberman, Charlie Savage and Luke Broadwater/The New York Times

A newly revealed internal campaign memo has shed light on a plot by a lawyer allied with former President Donald Trump to use false electors to subvert the 2020 election. The memo, authored by Kenneth Chesebro, outlines a strategy involving fraudulent electors that aimed to draw attention to voter fraud claims and buy the Trump campaign more time through legal battles. While the plan was not ultimately executed, the memo provided details about how the strategy originated and was discussed behind the scenes. The document reveals a calculated effort to create confusion and derail the proper certification of Joe Biden’s victory. Read Article

National: Giuliani claims ‘dog ate my homework’ in Smartmatic case, lawyers say | Martin Pengelly/The Guardian

The voting machine company Smartmatic, which is involved in a $2.7 billion defamation lawsuit, has accused Rudy Giuliani, the former personal attorney to Donald Trump, of using excuses to avoid the discovery process in the case. Giuliani, along with Fox News, is named in the lawsuit. Smartmatic’s lawyers likened Giuliani’s excuses to those of “the dog ate my homework” and claimed that he has not produced any non-public documents responsive to their discovery requests made 14 months ago. Giuliani is facing legal jeopardy due to his involvement in efforts to overturn the 2020 election results, and he is also being sued for defamation by other parties. Read Article

National: Federal Election Commission moves toward potentially regulating AI deepfakes in campaign ads | Ali Swenson/Associated Press

The Federal Election Commission (FEC) has taken a unanimous procedural vote to consider regulating AI-generated deepfakes in political ads ahead of the 2024 US presidential election, in response to a petition asking the FEC to regulate ads that use artificial intelligence to misrepresent political opponents. Experts believe that AI-powered generative tools are making it easier to create fake images, videos, and audio clips that manipulate public perception, and several 2024 presidential campaigns have already used them. The FEC’s vote advances the consideration of the issue, and a 60-day public comment period is expected to follow before a decision on developing rules is made. Read Article

Arizona: Secure ballots or boondoggle? Cochise county tailors project to politically connected firm | Jen Fifield/Votebeat Arizona

An Arizona county’s plan to spend up to $1 million in state funds to test anti-counterfeit features on ballots has raised suspicions that the project was designed to benefit a specific company, Texas-based Authentix, which has been promoting its products with the help of political allies in the state. The project involves adding unique features like watermarks to ballots to protect against fraudulent ballots and improve voter confidence. However, election technology experts argue that the project is tailored for Authentix’s products and could limit competition while testing unnecessary and expensive features. Critics view the venture as unnecessary and designed to solve a problem that doesn’t exist, particularly since courts have found no evidence of widespread voter fraud in Arizona’s elections. Cochise County supervisors are set to vote on the contract with Authentix, despite concerns about the project’s specificity and potential lack of competitiveness. Read Article

Arizona: Mohave County rejects proposal to hand-count ballots in 2024 elections | Josh Kelety/Associated Press

The Mohave County Board of Supervisors voted 3-2 against adopting a proposal to hand-count ballots in the 2024 election cycle. The local elections director warned that implementing a hand count would cost over $1.1 million and require hiring hundreds of new workers. The board chair cited the county’s projected budget deficit as the reason for rejecting the proposal. Mohave County is among several U.S. counties that have explored tabulating ballots by hand, but experts warn that hand counts are less reliable and more time-consuming than machine tabulation. Despite the lack of evidence of widespread voter fraud in the 2020 election, the prospect of hand counting ballots remains popular among some elected officials, activists, and voters who distrust U.S. elections and spread conspiracies about election equipment. Read Article

Georgia Grand Jury Likely to Hear Trump Case Next Week | Danny Hakim and Richard Fausset/The New York Times

The district attorney in Atlanta is expected to take the findings from her two-and-a-half-year-long election interference investigation involving Donald J. Trump to a grand jury next week. This Georgia investigation is one of the most expansive legal challenges to the efforts made by Trump and his advisers to contest the 2020 election results. Nearly 20 people are known to have been warned about potential charges as a result of this investigation, which examines Trump’s actions and those of his aides and advisers in relation to his loss in the 2020 election. The investigation is expected to result in indictments from a grand jury in early August. Read Article

Michigan pro-Trump lawyer’s texts shed light on voting machine probe | Clara Hendrickson/Detroit Free Press

Stefanie Lambert Junttila, a Michigan lawyer aligned with former President Donald Trump, is facing criminal charges for allegedly plotting to seize voting machines after the 2020 election. Text messages obtained through a public records lawsuit show that she communicated with Doug Logan, former CEO of cybersecurity firm Cyber Ninjas, about gaining access to new voting machines in Michigan. She specifically requested Logan to keep this information secret. The investigation suggests that Lambert and other Trump allies tampered with the tabulators. Lambert is among several individuals charged in this matter, but Logan will not face criminal charges, according to a statement from the prosecutor’s office. Read Article

Michigan trio indicted in voting machine breaches. Clerks and experts say it’s a warning for others. | Oralandar Brand-Williams/Votebeat Michigan

Three Michigan allies of former President Donald Trump were indicted and arraigned for their alleged involvement in an illegal plot to gain possession of voting machines used in the 2020 election and examine them in a failed attempt to prove election fraud. The indictment demonstrates that the rules and laws governing the security of Michigan’s election systems worked, according to experts and local clerks. The indictments may serve as a deterrent to others considering attempts to gain unauthorized access to voting machines. The suspects face felony charges related to possession of voting equipment, conspiracy, willful damage to voting machines, and unauthorized access to a computer system. Read Article

Nevada: Audit confirms legitimacy of Clark County’s mail ballot processes | Casey Harrison/Las Vegas Sun

An audit of the Clark County Election Department’s handling of mail ballots during the 2022 general election concluded that election officials followed state law when processing ballots. The report made suggestions to enhance the process in future elections, including better verbalizing the process in which mail ballots are counted and additional voter education initiatives about when to send a ballot and how to properly mark it. The audit showed that 4,903 mail ballots were rejected for not meeting legal requirements, highlighting the need for continued educational and outreach efforts to increase voter awareness around submission deadlines. The audit found that overall, the Election Department processes mail ballots accurately and in accordance with Nevada law. Read Article

New York group discourages counties from buying touch screen voting machine ExpressVote XL | Luke Parsnow/Spectrum News

Common Cause NY, a good-government group, is discouraging New York counties from adopting the newly certified ExpressVote XL touch screen voting machine, which enables electronic ballot marking instead of traditional paper ballots. Several county elections commissioners, including those from New York City, Ulster, Onondaga, and Chautauqua, have expressed disinterest in purchasing these machines. The group emphasizes the security of paper ballots marked by voters, considering touch-screen technology less secure and highlighting that some states that had adopted touch-screen systems have reverted to paper ballots. The group also raises concerns about the use of Windows 10 in the ExpressVote XL, as Microsoft plans to end software updates for this operating system in two years. Read Article

Texas judge says no quick ruling expected over GOP efforts to toss 2022 election losses near Houston | Associated Press

A Texas judge overseeing Republicans’ challenges to losses in the 2022 elections in Houston has indicated that a quick ruling shouldn’t be expected after a trial where no GOP voters testified that they were unable to vote due to ballot shortages or delayed poll openings. The disputed races are all in Harris County, controlled by Democrats, and the trial was marked by a lack of testimonies from voters, with Republican lawyers relying on party-generated theories. The judge expects to issue a ruling in the coming weeks. Harris County’s elections have been under scrutiny due to various issues in recent elections, and similar court challenges have emerged around the country following baseless conspiracy theories about the 2020 presidential election. Read Article

Wisconsin elections officials approve redesign of absentee ballot envelopes | Tyler Katzenberger/Milwaukee Journal Sentinel

The Wisconsin Elections Commission has unanimously approved a new design for absentee ballot envelopes, aimed at making it easier for voters to read and complete the envelopes in future elections. The updated design introduces colors to the envelope scheme, moves the clerk’s initial field to the top, and introduces a numbered three-step process for voters to follow. Envelopes come in different colors based on their purpose, making it clearer for both voters and officials. The design was based on feedback from voters and local election officials, and the change is expected to reduce errors and increase the security of the voting process. The new envelopes will be used from the February 2024 spring primary onwards. Read Article

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