National: The Supreme Court has an electoral ‘bomb’ on its hands. Will it defuse it before 2024? | Zach Montellaro/Politico

The U.S. Supreme Court’s resolution of the Moore v. Harper case, which addresses the controversial independent state legislature (ISL) theory, may not occur this year. The theory, championed by conservative legal scholars, diminishes the role of state courts in interpreting election laws set by state legislatures. However, uncertainty looms as the Supreme Court could choose to avoid issuing a decision, potentially leading to chaos in the 2024 election. Proponents argue that accepting the theory could grant state legislatures unchecked authority to shape election rules, potentially enabling partisan gerrymandering and unfair changes to voter registration and ballot casting regulations. The lack of a clear decision could disrupt both congressional and presidential elections, fueling concerns among critics and legal experts. The fate of the Moore case remains uncertain, and its resolution will have significant implications for future elections. Read Article

Editorial: Unsealing the Halderman report would be Responsible Vulnerability Disclosure | Andrew Appel/Freedom to Tinker

A statement by computer security experts published on May 12he argues for the immediate unsealing and public release of a report on security flaws in Dominion voting machines, authored by Professors J. Alex Halderman and Drew Springall. It highlights the importance of responsible disclosure in the field of computer security, where vulnerabilities are reported to software vendors and subsequently made public after a set period to incentivize prompt fixes and improve overall security. The statement emphasizes that keeping vulnerabilities secret does not provide security, as others can discover them as well. It cites the industry norm of responsible disclosure and the benefits it brings in terms of prompt patching and informed decision-making by software users. The authors assert that the report in question should be released since the vendor has had ample time to address the vulnerabilities it highlights, and the public needs full information about the security of Dominion’s voting machines. They also express concerns about the potential risks of unauthorized access or public leakage of the report, particularly close to the 2024 election. Read Statement

Alabama Bill requiring mandatory ballot audits filed in House | Craig Monger/1819

Alabama State Representative Debbie Wood has sponsored House Bill 457, which requires a mandatory ballot audit after each county and statewide general election in Alabama. The bill mandates that each county’s canvassing board will conduct a post-election manual audit that includes a manual tally of all ballots in at least one randomly selected race. The selection of the race and polling location may be by drawing lots or computerized random selection to ensure that all voting locations and races are included in the selection method. According to the bill’s sponsor, the audit will ensure accountability to both candidates and voters, particularly as her race was decided by a margin of seven votes. The bill has been assigned to the House Constitution, Campaigns and Elections Committee. Read Article

Arizona: Why Kari Lake is still, six months after losing, in court arguing the 2022 election was stolen? | Jen Fifield/Votebeat Arizona

Kari Lake, a GOP candidate who continues to assert that the 2020 election was fraudulently stolen from her, persists with shape-shifting arguments in court even six months after the races were called. Recently, a judge granted Lake a trial on a claim that has undergone changes over time, reflecting her determination to challenge the election results. Despite lacking evidence to support her allegations, Lake has used the ongoing litigation as a platform to spread false claims and solicit funds from supporters. The prolonged legal battle not only fuels uncertainty among voters but also deepens distrust in the electoral system. While Lake benefits from fundraising opportunities, taxpayers foot the bill for state and county attorneys defending the election. This protracted timeline hampers the ability of the Republican Party in Arizona to move forward and focus on upcoming elections, including a crucial Senate race in 18 months. Read Article

Georgia Prosecutor Rebuts Trump’s Effort to Scuttle Elections Case | Richard Fausset and Danny Hakim/The New York Times

Fani T. Willis, the district attorney in Fulton County, Georgia, has requested a judge to dismiss former President Donald J. Trump’s attempt to disqualify her from leading an investigation into whether he and his allies interfered in the 2020 election in the state. In a court filing, Ms. Willis also asked the judge to reject Trump’s request to suppress the final report of a special grand jury that examined evidence in the election meddling case. Trump’s lawyers accused Willis of bias and claimed the grand jury’s work was influenced improperly. The Georgia investigation has the potential to result in Trump’s indictment this summer, addressing whether he violated state laws while seeking to overturn President Biden’s victory after the election. Read Article

Montana: How Lincoln County’s ‘Big Lie’ Upended an Election Department | Tristan Scott/Flathead Beacon

Lincoln County’s election officials in Montana resigned en masse after facing unfounded allegations of fraud and falsifying documents from the county commissioners. The respected officials had been commended for their work and were trusted by candidates and the community. The commissioners’ accusations and hostile environment created by extremist party politics led to the departures. The vacancies pose concerns about the county’s ability to run future elections and deter prospective employees from public service. The tensions reflect a broader trend of election officials stepping away due to baseless accusations and threats, perpetuated by conspiracy theories and disinformation about election security. Read Article

Nevada Attorney General backs making fake elector schemes a felony in light of 2020 | Casey Harrison/Las Vegas Sun

Nevada Attorney General Aaron Ford has revealed that his office is unable to prosecute individuals who signed fake electoral certificates declaring Donald Trump the winner in Nevada after the 2020 election because there is no state law explicitly making such actions illegal. Ford testified in support of Senate Bill 133, which seeks to prohibit the creation and submission of false slates of presidential electors, making it a category B felony punishable by up to 10 years in prison and fines up to $5,000. The bill aims to hold accountable those attempting to subvert democratic processes based on false claims. Ford’s office is also assisting the U.S. Department of Justice in its investigation into fake electors. Read Article

Pennsylvania: Philadelphia is not giving equal polling place access to disabled voters | Laura Benshoff/Votebeat

The challenges faced by voters with disabilities in Philadelphia are brought to light, revealing the city’s shortcomings in providing equal access to the voting process. Despite legal requirements for accessibility, such as the Americans with Disabilities Act, voters with disabilities still encounter obstacles. Issues include the absence of necessary equipment for wheelchair accessibility and a lack of consideration for accommodations. While progress has been made, there is a need for ongoing efforts to ensure that individuals with disabilities can exercise their right to vote independently and without barriers. The article highlights past legal actions, ongoing complaints, and the importance of maintaining a continuous focus on accessibility to create an inclusive voting experience for all citizens. Read Article

Tennessee: Voting machines in Williamson County in limbo again after vote | Chris Gadd/Nashville Tennessean

The use of Ballot Marking Devices (BMDs) for all voters versus hand-marked paper ballots has sparked a heated debate in Williamson County, Tennessee. The county commission recently voted against purchasing BMDs, a decision applauded by the Voters for Election Integrity citizen group. However, the county election commissioners, while disappointed, remain determined to find a solution. Advocates of BMDs argue for their accuracy and cost-effectiveness, citing an error rate of less than one percent. On the other hand, critics express concerns over the reliability of using devices to mark ballots and favor the traditional method of hand-marked paper ballots. Read Article

Texas Legislature could take rare step to eliminate Harris County’s elections administrator position | Jen Rice/Houston Chronicle

The Texas Legislature is considering a bill that could eliminate the position of Harris County elections administrator, which would be an unprecedented move to remove a local official without the county’s consent. The bill, authored by state Senator Paul Bettencourt, has already passed the Senate and a House committee. If signed into law, the responsibilities of overseeing elections in Harris County would revert back to the county clerk and tax assessor-collector, who previously handled the task. While the bill is specific to Harris County, its passage could set a precedent for similar actions targeting officials in other counties. The move has raised concerns about the state’s interference in local government and the potential erosion of voter accountability. The bill is part of a broader effort by the Texas Legislature to restrict the powers of local governments, including measures that limit the ability to pass local ordinances. Read Article

Texas: Eliminating countywide voting would make the process harder on voters, cost more money, election leaders say | Pooja Salhotra/The Texas Tribune

Texas lawmakers are considering a bill that would eliminate vote centers, which allow any registered voter to vote at any polling location in the county on Election Day, and instead require residents to vote at an assigned precinct in their neighborhood. The bill, SB 990, has passed the state Senate and is now being reviewed by the House Elections Committee. Supporters of the bill argue that it would ensure accurate vote counts and prevent multiple voting, although no evidence has been provided to support these claims. Critics, including voting rights advocates and local government officials, argue that vote centers are popular and that eliminating them would create logistical and financial burdens for election offices. Read Article

Wisconsin: As voting has gotten harder, organizers have found ways to help | Matt Mencarini/Wisconsin Watch

Despite Wisconsin’s consistently high overall voter turnout, there is a growing concern about declining participation among Black, Hispanic, and lower-income voters. Factors such as closed polling locations and underfunding of elections contribute to this decline. The Cost of Voting Index indicates a link between increased voting difficulty and reduced participation, although the impact varies across different groups. Interestingly, when voting becomes more challenging, it motivates Black voters to come to the polls. The presence of community organizers and local organizations plays a vital role in mobilizing voters and building trust. Governor Tony Evers has proposed various voting-related changes to improve accessibility, such as automatic voter registration, but these proposals face opposition from Republicans. BLOC, an organization dedicated to political engagement and voter education, prioritizes community involvement and plays an active role beyond elections. Read Article

Let white-hat hackers stick a probe in those voting machines, say senators | Jessica Lyons Hardcastle/The Register

US voting machines would undergo deeper examination for computer security holes under proposed bipartisan legislation. Senators Mark Warner (D-VA) and Susan Collins (R-ME) this week introduced an amendment to the Help America Vote Act (HAVA) that would require the nation’s Election Assistance Commission to include penetration testing in its certification process of voting hardware and software. That tech would need to undergo pen testing before it could be used in elections.

Read Article: US lawmakers push voting system pen testing, bug disclosure • The Register

Sort the mail-in ballot envelopes, or don’t? | Andrew Appel/Freedom to Tinker

In the first of a four article series, Andrew Appel discusses the handling of mail-in ballot envelopes by local election officials and its impact on the cost of recounts and the security of elections. The two methods discussed are “sort-then-scan” and “scan-then-sort”. In the sort-then-scan method, ballot envelopes are sorted by precinct number before opening and scanning the paper ballots. This method helps prevent cheating and makes recounts easier and less expensive. In contrast, the scan-then-sort method involves opening and scanning unsorted envelopes, which poses opportunities for cheating, leads to costly recounts, and requires additional expenses in ballot printing. Appel highlights the importance of adopting the sort-then-scan method to ensure the integrity and efficiency of mail-in voting processes.

Read Article: Sort the mail-in ballot envelopes, or don’t? – Freedom to Tinker

National: Six months after midterm losses, election deniers mount new efforts | Matthew Brown/The Washington Post

Many Republicans who denied or questioned the results of the 2020 US presidential election have refused to abandon their baseless claims, despite losing the 2022 midterms. Such figures have continued to campaign, using their defeat as a platform to spread lies and conspiracy theories, such as claims of voter fraud, which undermine the legitimacy of the country’s democratic system. Many of these candidates are also seeking to build popularity and power in conservative circles, and some are running for key positions of power. In particular, they are running for secretary of state in key swing states and for the Senate in Nevada and Arizona, among other positions. Read Article

National: Under the Radar, Right-Wing Push to Tighten Voting Laws Persists | By Nick Corasaniti and Alexandra Berzon/The New York Times

Republican-led legislatures in the US are continuing to pass significant restrictions on access to the ballot, including limits to voting by mail in Ohio, a ban on ballot drop boxes in Arkansas, and shortened early voting windows in Wyoming, largely under the radar. A network of billionaire-backed advocacy groups has formed a new hub of election advocacy within the Republican Party, rallying state activists, drafting model legislation and setting priorities. While the downshift in ambitions is strategic, signs also suggest that Republicans have become wary of some types of restrictions and the party has increasingly warned that its opposition to mail and early voting is discouraging Republican voters from casting ballots and costing the party races. Read Article

National: Alarm after lawyer who aided Trump’s 2020 election lie attacks campus voting | Peter Stone/The Guardian

Cleta Mitchell, a right-wing election lawyer and ally of Donald Trump, is facing criticism for advocating restrictions on college student voting, same-day voter registration, and absentee voting. Mitchell, who has a history of promoting stricter voting rules based on unsupported claims of fraud, made these comments in a private address to Republican donors. Voting watchdogs and bipartisan critics argue that Mitchell’s proposals are partisan and undemocratic, aimed at suppressing disfavored populations of voters. Mitchell’s role in advising Trump during his attempts to overturn the 2020 election has also drawn legal scrutiny. Read Article

National: New Twitter rules expose election offices to spoof accounts | Ali Swenson/Associated Press

Twitter’s recent verification overhaul has created confusion and risks for election security. The account for Philadelphia’s election commission lost its check mark, making it hard to distinguish it from fake accounts. They applied for verification but haven’t heard back. Election administrators struggle with Twitter’s inconsistent system and fear misinformation. Impostor accounts and the spread of fake information are concerns. Experts warn that this undermines public trust during elections. Read Article

Arizona Urged to Strengthen Election Result Verification and Transparency Following Pinal County Ballot Count Errors | Jen Fifield/Votebeat Arizona

A Votebeat investigation revealed that election officials in Pinal County, Arizona, documented significant errors in ballot counts before certification but did not disclose them until a recount compelled them to do so. To prevent such mistakes in the future, experts and advocates recommend implementing new rules and guidelines for double-checking election results and increasing state support for county officials responsible for running elections. They emphasize the need for transparency in acknowledging and addressing errors, even in a hostile environment. Key suggestions include strengthening rules for result verification, enhancing the state’s hand-count audit process, following best practices for tracking ballots, and providing better support and training for county officials involved in elections Read Article

California counties don’t use unpaid election workers, despite despite claims made in Shasta County | David Benda Redding Record Searchlight

Shasta County Supervisor Patrick Jones believes the debate over whether volunteers can help count ballots in local elections is not yet settled. Despite the advice of the county Registrar of Voters and County Counsel that workers must be paid according to California election codes, Jones points to a letter from a conservative attorney stating that 15 California counties allow unpaid volunteers. However, an investigation by the Record Searchlight found that the counties mentioned in the letter do not use unpaid volunteers for counting ballots; instead, they employ poll workers who receive stipends. Critics argue that the estimates of increased costs for hand counting provided by the registrar are not inflated, and using volunteers may compromise the security and chain of command of the election process. Read Article

Georgia: Lawyers for GOP chair say he broke no laws as Trump alternate elector | Bill Rankin and Tamar Hallerman/The Atlanta Journal-Constitution

Attorneys representing Republican electors in Georgia’s 2020 election have claimed that their actions were lawful and based on legal advice, in a letter to Fulton County District Attorney Fani Willis. The attorneys argued that the electors’ actions were in conformity with legal counsel and lacked criminal intent or liability. They cited a similar scenario in Hawaii after the 1960 presidential election, where alternate electors cast their Electoral College votes, resulting in a judge ruling in favor of the Democrats. The legal exposure of the GOP electors remains uncertain, with some experts suggesting potential charges for violating state laws, while others emphasize the importance of intent in determining criminality. Read Article

Michigan: Security concerns raised over internet voting for military spouses | Ben Orner/MLive

Michigan’s proposal to allow electronic ballot return over the internet is raising concerns among election security experts, including J. Alex Halderman, a cybersecurity expert and University of Michigan professor, who warns that it could seriously undermine the security of the state’s elections. While Secretary of State Jocelyn Benson argues that Michigan can maintain election integrity through a custom-built hybrid model, experts caution that no existing technology can fully resolve the inherent vulnerability to digital tampering in such systems, posing significant risks to democracy and voter confidence. Read Article

Minnesota Governor signs “Democracy for the People Act” allowing automatic voter registration, pre-registration for teens | Caroline Cummings/CBS Minnesota

Minnesota Governor Tim Walz has signed the “Democracy for the People Act” into law, a comprehensive bill aimed at expanding access to the polls. The legislation includes provisions for automatic voter registration, pre-registration for 16- and 17-year-olds, and a permanent absentee voter list that will send ballots automatically to those who sign up. The law also requires voting materials to be available in languages other than English and prohibits voter intimidation. Minnesota now joins 22 other states and Washington, D.C., with automatic voter registration. The bill passed along party lines, with Republicans criticizing the lack of bipartisan support. Read Article

New Hampshire Senate bill requiring election audits passes the House | Amanda Gokee/The Boston Globe

The New Hampshire House of Representatives has passed Senate Bill 157, which would require election audits to be conducted after every state and federal election in the state. The bill requires the Secretary of State to randomly select eight towns or city wards to audit per election, and expands the scope of the audit to include all voting devices and not just AccuVote devices. The audits would be open to the public, and aim to verify the accuracy and performance of voting equipment and vote counting machines. The bill was passed unanimously with no debate.Read Article

Oklahoma election secretary praises bill to prohibit threats, doxing of election workers | Chris Casteel/The Oklahoman

Oklahoma State Election Board Secretary Paul Ziriax has applauded the signing of Senate Bill 481 by Governor Kevin Stitt, which criminalizes the harassment and threats faced by election workers in the state. Ziriax, who himself has been a victim of doxing and threats, expressed gratitude to the Legislature and the governor for taking these threats seriously and enacting the legislation to deter and punish such actions. The new law establishes penalties for those who threaten, intimidate, harass, or dox election workers, aiming to ensure their safety and protect them from false claims and attacks related to election administration. Read Article

Pennsylvania judge rules in-person 2020 ballot images in Lycoming county are not accessible to public | John Beauge/pennlive.com

A judge in Lycoming County, Pennsylvania, ruled that images of votes cast in person during the 2020 general election are not public. The state Department of State appealed the decision, which also involved the public access to cast vote records (CVR). The judge determined that since a voted in-person ballot is considered part of the ballot box contents, the same applies to an image of that ballot. The Department of State argued that CVRs should be exempt from public disclosure, as they are equivalent to the contents of a modern-day ballot box. The ongoing legal battle prevents the implementation of the judge’s order, but his rulings may serve as precedents for future cases. Read Article

Texas Republicans Push New Voting Restrictions Aimed at Houston | J. David Goodman/The New York Times

The Republican-dominated Texas Legislature is targeting Harris County, an emerging Democratic stronghold, with a series of election bills aimed at exerting more control over voting in the county. The 2022 races for local judges and county leaders were fiercely contested, as Republicans sought to capitalize on crime concerns and make inroads in the state’s largest urban area. However, they were unsuccessful, leading to efforts by Republicans to pass new election laws that include limits on polling places, felony penalties for illegal voting, and a mechanism for ordering new elections in certain circumstances. Republicans view Harris County as a crucial battleground and are determined to prevent it from becoming another heavily Democratic urban center. Read Article

Virginia’s Buckingham County feels the toll of election denialism | Jane C. Timm/NBC

Few places have felt the effects of election denialism more than Buckingham County, Virginia. In January, Republicans gained control of the local electoral board and advanced baseless voter fraud claims targeting the work of the then-registrar, Lindsey Taylor, who had been running elections in the county since 2019 and considered herself nonpartisan. Taylor resigned in March as it became clear they wanted her gone. Two other staffers quit with her, following a deputy registrar who quit in February for the same reasons. The exodus of staff temporarily left the county without a functioning elections office. On April 12, Luis Gutierrez took over as the new registrar, quickly establishing himself in the community as a combative figure. That was no surprise to the office’s former occupants. Gutierrez had helped advance the baseless fraud claims that drove Taylor and her staff from their jobs. Read Article

Washington elections bill ‘more likely to cause insurrection’ | TJ Martinell/The Center Square

Washington Governor Jay Inslee has signed Senate Bill 5459 into law, which restricts public access to records regarding ballots and the election system, claiming it will enhance election security. The bill exempts cast ballots from public records requests and centralizes all local records requests with the Secretary of State’s office. Critics argue that the legislation is a significant overreaction to public records requests made after the 2020 election and lacks legitimate justification for keeping this information secret. They express concerns that the bill reduces transparency, erodes trust in elections, and undermines the importance of open access to information. Read Article

Wisconsin: Bipartisan Bills introduced to Safeguard Election Workers and Enhance Election Protections | Mitchell Schmidt/Wisconsin State Journal

Members of the Wisconsin state Assembly elections committee have introduced a series of bipartisan bills aimed at making changes to the state’s elections. The proposals include added protections for election officials, restrictions on polling place closures, updates to military voting requirements, and reimbursement for certain costs associated with special elections. The bills represent a shift from previous measures that added restrictions on local clerks and were criticized for making it harder to vote. The bills will need to pass both Republican-controlled chambers before reaching the desk of Democratic Governor Tony Evers. Read Article