New Jersey: Federal appeals court upholds order barring county-line ballots | Nikita Biryukov/New Jersey Monitor

The Third Circuit Court of Appeals upheld a preliminary injunction preventing the use of county-line ballots in June’s Democratic primaries in New Jersey, rejecting a request from the Camden County Democratic Committee to overturn the ruling. The decision, stemming from a lawsuit initiated by U.S. Rep. Andy Kim and others, reinforces a lower court’s finding that the county-line ballot design is likely unconstitutional. Advocates for the injunction argue that the county-line system unfairly advantages party-backed candidates and discourages potential challengers. The ruling is seen as a significant win for progressives in New Jersey, signaling a shift away from what they view as an antidemocratic practice. Read Article

New York Court Dismisses ExpressVote XLChallenge | Madeleine Greenberg/Democracy Docket

A New York court has dismissed a lawsuit challenging the approval of the ExpressVote XL touch screen voting machine by the New York State Board of Elections. The lawsuit, filed by Common Cause New York, the Black Institute, and five New York voters in November 2023, alleged that the approval violated state law. The plaintiffs argued that the machine’s barcode system prevented voters from verifying their selections, potentially fueling election fraud conspiracy theories. However, the court ruled that the plaintiffs failed to demonstrate how they would be harmed by the approval of the machines, leading to the dismissal of the case. Read Article

North Carolina elections board, in bipartisan vote, shoots down ‘audit force’ allegations of election violations | Will Doran/WRAL

The North Carolina State Board of Elections unanimously dismissed claims made by Carol Snow, an election integrity activist affiliated with the NC Audit Force group, alleging violations of federal election law and voter fraud going unchecked in the state. Snow’s complaint, which cited discrepancies in voter lists and instances of duplicate voting, was refuted by state elections board staff who attributed the errors to mistakes or Snow’s lack of access to certain data. Despite the growing popularity of grassroots election integrity efforts among conservatives, particularly fueled by former President Trump’s allegations of voter fraud, the bipartisan agreement on the board deemed Snow’s claims baseless. Read Article

Pennsylvania: Missing voting machine documents raise concern about Northampton County’s testing processes | Carter Walker/Votebeat

bDuring a November election in Northampton County, voters encountered a concerning issue: votes intended for one judge appeared under another’s name on printed records, highlighting a programming error in the voting machines. Although this error didn’t affect the vote tabulation, it underscored the importance of rigorous pre-election testing. However, an investigation revealed that Northampton County’s testing documentation was incomplete, inconsistent, and sometimes missing altogether, making it challenging to verify proper testing. While the errors didn’t indicate machine malfunction or malfeasance, they risked undermining voter confidence and fueling conspiracy theories. In response, Read Article

Pennsylvania: What could trigger costly, time-consuming election recounts? 3 signatures and $50. | Bruce Siwy/Erie Times-News

Some organizations, like Better PA, advocate for changes to Pennsylvania’s recount system, citing concerns about potential post-election chaos and bad-faith efforts. John Jones III and others argue for more stringent rules to initiate recounts, emphasizing the need to avoid disruptions in the electoral certification process. While the current law allows for recounts under certain conditions, including a narrow margin between candidates, critics argue that the system lacks clarity and could lead to delays in certification. Better PA proposes several changes, such as increasing filing fees and requiring detailed allegations of fraud or error in the election. Despite these calls for reform, there’s currently no legislative action on the matter in Harrisburg, and the outlook for changes before the November general election appears unlikely. Read Article

Texas: Voting company makes ‘coercive’ demand of counties: Pay up or lose service before election | Nicholas Riccardi/Associated Press

The owner of a voting company, VOTEC, admitted to issuing a “coercive” demand to 32 Texas counties, urging them to pay an additional 35% surcharge for their voting registration system software or risk losing it just ahead of the November elections. John Medcalf, the owner, cited past payment delays and financial struggles, characterizing the demand as a plea for financial stability to retain key employees. While the surcharges have prompted urgency among Texas counties to approve payments or seek alternatives, VOTEC assured that existing contracts would be honored until their expiration, with Texas’ Secretary of State’s office providing consultation on available options. Read Article

Wisconsinites with disabilities demand a better way to vote at home, but security concerns may be a hurdle | Alexander Shur/Votebeat

Stacy Ellingen, an Oshkosh resident with athetoid cerebral palsy, faces formidable barriers when attempting to vote due to Wisconsin’s insistence on paper ballots, a format she struggles to complete due to her disability. Although assistance is available, Ellingen hesitates to share her political preferences with caregivers and fears future elections when her parents may not be around to help. Alongside three other voters with disabilities and advocacy groups, Ellingen has filed a lawsuit against the Wisconsin Elections Commission, challenging the state’s absentee ballot system for failing to accommodate individuals with disabilities, contending that it violates the Americans with Disabilities Act. The lawsuit aims to enable electronic absentee voting for people with disabilities, similar to what is available to military and overseas voters in many states. However, concerns over the security risks associated with internet voting persist, with experts cautioning against potential threats such as client-side malware, hacking of voters’ computers, denial-of-service attacks, identity verification issues, and the absence of a physical ballot for voters to verify. Read Article

Wisconsin elections chief Wolfe gets extra security as Trump attacks | Molly Beck/Milwaukee Journal Sentinel

Former President Donald Trump is targeting Wisconsin Elections Commission administrator Meagan Wolfe, falsely accusing her of election rigging and pressuring top Republicans to remove her ahead of the next presidential election. Trump’s attacks on Wolfe, similar to his tactics in Georgia, come amid ongoing threats against her, prompting additional security measures. Wolfe defends Wisconsin’s election integrity, emphasizing the nonpartisan nature of her role and the dedication of local election officials. Despite Trump’s claims, multiple audits and reviews confirmed the legitimacy of the 2020 election results in Wisconsin. However, his rhetoric raises concerns about public safety and the integrity of the electoral process, with officials urging focus on substantive issues rather than baseless allegations. Read Article

New Jersey county clerks forge ahead with new ballot design | Colleen O’Dea/NJ Spotlight News

New Jersey Democratic primary voters will see ballots that look very different from what they are used to and also different from the ones Republican voters will see. County clerks are designing ballots for the June election to comply with the recent federal court ruling that ends the state’s unique “county-line” balloting, though only for the Democratic primary. Clerks have been working with vendors Dominion Voting Systems and Election Systems & Software to design the new ballots and meet the April 20 deadline for sending out mail-in ballots. Some clerks have already completed their work and displayed the new designs during their drawings last Thursday for where to place candidates on the ballot. Read Article

National: China’s Advancing Efforts to Influence the U.S. Election Raise Alarms | Tiffany Hsu and Steven Lee Myers/The New York Times

Covert Chinese accounts are posing as American supporters of former President Donald J. Trump, engaging in online activities to promote conspiracy theories, exacerbate domestic divisions, and attack President Biden ahead of the upcoming November election, according to researchers and government officials. This strategy marks a potential shift in China’s approach to influencing American politics, aiming to exploit partisan divides and undermine the Biden administration’s policies. Researchers have identified a network of accounts associated with the Chinese government, which have been posting content in English to attract genuine engagement, presenting a more subtle and sophisticated approach compared to previous efforts. Read Article

National: Election workers face thousands of threats – so why so few prosecutions? | Ed Pilkington/The Guardian

James Clark’s intoxicated decision to send a bomb threat to Arizona’s top election official in the midst of online debate surrounding Donald Trump’s false election claims sparked panic and led to the establishment of the election threats taskforce by the US Department of Justice. As threats against election officials surged post-Trump’s election lie, the taskforce aims to protect these officials from violence and intimidation, focusing on criminal prosecutions while navigating legal complexities. Despite challenges in identifying and prosecuting perpetrators, the taskforce seeks to deter threats and improve coordination with local authorities, especially as the November elections approach amidst continued election denial. Read Article

National: States move to shore up voting rights protections after courts erode federal safeguards | Steve Karnowski/Associated Press

In response to an appeals court ruling restricted lawsuits under Section 2 of the federal Voting Rights Act, several states are moving to enact state-level protections to address gaps left by the decision, as national legislation remains stalled in Congress. Democratic-led states like Minnesota, Michigan, Maryland, New Jersey, and Florida are pursuing their own voting rights acts, following the examples of New York and Connecticut. These state acts aim to counter efforts by Republican lawmakers to erode safeguards under the guise of protecting election integrity, particularly amid former President Trump’s false claims of voter fraud. Read Article

National: AI is creating ‘more sophisticated’ but not unprecedented election threats, DHS official says | Edward Graham/Nextgov/FCW

Artificial intelligence tools are exacerbating cyber threats to election systems and personnel and helping to spread more sophisticated misinformation about the voting process but are not yet presenting novel risks to election infrastructure, according to a top Department of Homeland Security official. Speaking at an event at the Center for Strategic and International Studies think tank, Iranga Kahangama — assistant secretary for cyber, infrastructure, risk and resilience at DHS — said AI will lead to “some more sophisticated, more precise attempts” by nefarious actors to interfere with future elections, but added that officials “see artificial intelligence in the election space as not necessarily introducing a new threat or risk in and of itself.” Read Article

National: Chinese hackers turn to AI to meddle in elections | Derek B. Johnson/CyberScoop

Chinese government-linked hacking groups are increasingly using deepfakes and other AI-generated content to interfere in foreign elections, according to new research from Microsoft. While traditional methods like fake social media accounts are still utilized, China is exploring newer tools like AI-generated imagery to spread disinformation. Microsoft observed Chinese disinformation actors employing AI-manipulated images to fuel conspiracy theories in the United States, notably targeting incidents like a train derailment in Kentucky and wildfires in Maui. Read Article

National: ‘Grave step backwards’: Meta shuts monitoring tool in election year | Anuj Chopra and Arthur MacMillan/AFP

Meta, Facebook’s parent company, plans to decommission CrowdTangle, a crucial digital tool for tracking viral misinformation, just months before the US election, leaving researchers concerned about the potential disruption in efforts to combat political falsehoods. CrowdTangle has provided real-time transparency into the spread of misinformation on Meta-owned platforms like Facebook and Instagram, but Meta’s decision to replace it with a new tool, the Content Library, is seen as lacking in functionality and transparency. The move is viewed as a step backward in social media platform transparency, especially during a year with numerous elections globally. Read Article

Arkansas Supreme Court affirms circuit court decision in voting machine lawsuit | Antoinette Grajeda/Arkansas Advocate

The Arkansas Supreme Court upheld the dismissal of a lawsuit challenging the compliance of voting machines with state law, which was filed by Arkansas Voter Integrity Initiative Inc. and CEO Conrad Reynolds against Secretary of State John Thurston, the State Board of Election Commissioners, and Election Systems and Software LLC. The lawsuit argued that voters couldn’t verify their selections because they couldn’t read the barcodes on printed ballots, which the voting machine tabulator scanned. However, the court affirmed the lower court’s decision, citing testimony that voters could review and change their votes on the machine before printing their ballots. Meanwhile, Reynolds continues to challenge voting machines through another lawsuit aiming to certify two proposed constitutional amendments regarding voting methods. Read Article

California: Advocates for blind people sue over mail voting rules | Bob Egelko/San Francisco Chronicle

Advocates for blind and other disabled voters in California are urging federal courts to intervene, arguing that the state’s current mail-in ballot rules force them to rely on others to cast their votes, violating their right to privacy and independence. They are seeking permission for those with print disabilities to return their ballots using fax machines or electronic equipment, citing the need for accessible alternatives like those provided in 13 other states. Currently, visually impaired voters can use electronic devices to fill out their ballots, but they must then print and deliver them, compromising the secrecy of their votes. Read Article

Georgia judge rejects Trump bid to dismiss election interference charges on free speech grounds | Dareh Gregorian/NBC

A Georgia judge rejected a motion by former President Donald Trump and his co-defendants to dismiss charges in the state’s election interference case based on First Amendment arguments. Fulton County Superior Court Judge Scott McAfee ruled that their right to protest the 2020 election results did not shield them from the charges brought by District Attorney Fani Willis’s office. McAfee emphasized that the alleged conduct, including false statements and attempts to overturn election results, went beyond political speech and activity. Trump’s lawyer indicated they would continue to assess their legal options despite the ruling. Read Article

Kansas GOP lawmakers revive a plan to stop giving voters 3 extra days to return mail ballots | John Hanna/Associated Press

Republican legislators in Kansas are reviving a proposal to eliminate the three-day grace period for returning mail ballots, making concessions to win over rural GOP lawmakers and potentially override a Democratic governor’s veto. Despite no evidence of fraud, Republicans argue that allowing ballots to be counted after Election Day undermines confidence in the results. The latest version of the proposal includes delaying the elimination of the grace period until 2025, adding two extra days for advance voting, and requiring county offices to be open for advance, in-person voting on the Saturday before an election. Read Article

Nebraska lawmakers overwhelmingly reject Trump-backed ‘winner-take-all’ electoral system | Nick Robertson/The Hill

An attempt to change Nebraska to a “winner-take-all” Electoral College system failed a key procedural vote late Wednesday, despite support by former President Trump, Gov. Jim Pillen and Sen. Pete Ricketts. Switching Nebraska’s Electoral College vote distribution in the Republican-dominated state would bring it in line with much of the rest of the country and could net Trump an extra vote this November, though an attempt to attach the bill to an unrelated measure as an amendment Wednesday failed by a significant margin. State Sen. Julie Slama led the amendment push, arguing on the floor that it was the best shot for the bill to pass this legislative session, which ends April 18. Just eight of the needed 23 legislators backed the vote. Read Article

New Hampshire Secretary of State now backs using fed surplus to support replacing aging voting machines | Kevin Landrigan/New Hampshire Union Leader

New Hampshire Secretary of State David Scanlan expressed support for using surplus funds from a federal election account to assist cities and towns in replacing aging voting machines, marking a departure from his previous reluctance. Scanlan advocated against a House-passed bill that would establish a $3 million matching grant program, citing concerns about potential strings attached to federal grants. The move comes as New Hampshire faces challenges with its current voting machines, with officials scrambling to find replacement parts. Scanlan emphasized the need for flexibility in the program to address diverse community needs, proposing support for items like E-polling books and tablets. Read Article

New Jersey county clerks drop appeal of order barring use of county-line ballots | Nikita Biryukov/New Jersey Monitor

New Jersey county clerks have withdrawn from the appeal of a court order banning the use of the county line in June’s Democratic primaries, following a federal appeals court’s decision not to block the lower court’s order. While the appeal will proceed with the Camden County Democratic Committee still challenging the order, clerks’ withdrawals were praised by progressive activists who argue that the county line unfairly benefits certain candidates. The appeal centers on a preliminary injunction barring the use of county-line ballots, which was issued after a lawsuit by Rep. Andy Kim and other plaintiffs alleged constitutional violations. Read Article

North Carolina lawsuits challenging same-day registration change can proceed, judge says | Gary D. Robertson/Associated Press

Two lawsuits challenging North Carolina’s tightened same-day voter registration regulations can proceed, despite recent adjustments by state election officials to address a judge’s constitutional concerns. U.S. District Judge Thomas Schroeder declined to dismiss the suits, rejecting motions from defendants including Republican legislative leaders and the State Board of Elections. The lawsuits target a 2023 law altering the criteria for disqualifying votes cast by same-day registrants during the early voting period. The changes, affecting over 100,000 new registrants during recent presidential elections, include a provision requiring only one piece of undeliverable mail for removal from voter rolls instead of two, which critics argue heightens the risk of disenfranchisement due to paperwork errors or mail issues. Read Article

South Dakota: Misinfo spawns attempts to ban electronic voting | Renee Ortiz/KELO

Petitions advocating for the option to hand-count ballots in South Dakota counties are circulating, yet many commissions, including the McPherson County Commission, are opting not to put the question on the ballot due to legal constraints. Despite concerns raised by some residents about the use of electronic tabulation devices, state and federal laws mandate their use to ensure accessibility for people with disabilities and to provide accurate and timely election results. Officials highlight the existing safeguards in place, such as post-election audits and the absence of internet connectivity in tabulating machines, to ensure the security and integrity of elections in South Dakota. Read Article

Texas: Tarrant County approves use of pre-numbered ballots. Do they prevent voter fraud? | Cody Copeland/Fort Worth Star-Telegram

The Tarrant County Election Board approved the use of pre-numbered ballots for the upcoming general election, aiming to enhance election security and facilitate auditing in case of voter fraud inquiries. However, experts argue that this practice could potentially enable voter fraud rather than prevent it, as it deviates from the longstanding principle of the secret ballot. Despite claims that pre-numbered ballots would bolster election integrity, concerns arise regarding the risks associated with tying votes to specific numbers, potentially enabling vote buying or coercion. The initiative, approved with one vote against it, raises questions about its necessity, especially considering the absence of significant voter fraud incidents in recent elections. Read Article

Texas counties face surcharge to aid voter registration software vendor | Natalia Contreras/Votebeat

A vendor of voter registration management software is asking Texas counties that use its services to pay tens of thousands of dollars in surcharges to help the company stay afloat, or scramble for alternative ways to deal with sensitive voter information in a presidential election year. The request has election administrators in some of the state’s largest counties consulting with county attorneys about their legal options. Others are trying to find the money to pay, worried about the stability of the vendor, California-based Votec Corp. Election officials have few other options to store and manage the voter registration data of millions of voters across the state only months ahead of the May runoff election and November’s presidential election. Read Article

Washington laws aim to detect cyber attacks and protect election workers  | Jerry Cornfield/News From The States

Washington state is implementing new laws to safeguard election workers and enhance the security of ballot counting ahead of the 2024 campaign season. One law increases penalties for harassing election officials, while another mandates certain security measures on election equipment and allows the Secretary of State to certify results in specific situations. A third law aims to reduce rejected ballots by improving voter signature protections and standardizing ballot return envelope designs. Read Article

Wisconsin referendums passed; what’s next and what don’t we know yet? | Hope Karnopp/Milwaukee Journal Sentinel

Wisconsin voters have approved two statewide referendums, one prohibiting the use of private grants or donations to administer elections, and the other restricting election-related tasks to officials designated by law. Despite the majority vote, potential ambiguity, especially in the second question, raises concerns about possible lawsuits. Rick Esenberg of the Wisconsin Institute for Law & Liberty stated they would only sue if private parties sought to fund election administration, though the firm has challenged election laws before. Stemming from Republican scrutiny of “Zuckerbucks,” the referendums address concerns over grants funding election activities, with opponents worried about the language’s vagueness. Implementation timelines and potential legal challenges remain uncertain, including whether donations from individuals are also banned and the scope of tasks designated for election officials. Read Article

National: A high-level election security group is back. NSA and Cyber Command want to keep it under the radar | Martin Matishak/The Record

U.S. Cyber Command and the National Security Agency will not identify the latest leaders of their joint election security task force, in part to shield them from the threats and harassment other election officials have received for merely being associated with such work. In a departure from previous election cycles, neither organization will publicize the names of the co-chiefs of the Election Security Group (ESG) because of the often-hostile environment surrounding U.S. elections since the 2020 presidential race, Recorded Future News has learned. The identities also are being withheld, government sources said, as part of a larger push by top U.S. national security and law enforcement officials to convey that election security is a whole-of-government effort and therefore public messaging on the charged topic should be driven by agency chiefs — such as the Director of National Intelligence or the head of the FBI — and not bureaucratic entities or career employees. Read Article

New U.S. deadline for certifying election results adds to pressure on Pennsylvania officials | Carter Walker/Votebeat

After the 2022 elections, a flurry of precinct-level recount petitions prevented Pennsylvania from certifying its election results until Dec. 22 — weeks later than usual. This year presents an even more difficult scenario: a new federal law that says states must certify their slate of presidential electoral votes by Dec. 11. That’s about five weeks after Election Day. Election officials and policy advocates are concerned that another influx of recount petitions after a much busier election could make it harder for Pennsylvania and its counties to meet the tighter timeline. If the state can’t comply, they worry, the courts may have to get involved and force certification, providing fodder to those looking to challenge the state’s results in a year when the margin of victory is expected to be much closer than in most midterm races. Read Article