New Hampshire Supreme Court case about ballot-counting machines draws a crowd | David Brooks/The Concord Monitor

An Auburn man, Daniel Richard, representing himself, has argued before the New Hampshire Supreme Court that ballot-counting machines shouldn’t be used at polling places due to a lack of proper legal foundation in the state’s constitution. Richard contends that the use of such machines requires approval in the state constitution and wants their use forbidden, along with alterations to state election laws. He claims that all absentee ballots cast in the state since 1979 are “defective.” Supporters, including those critical of ballot-counting machines, gathered for the oral arguments, while attorneys for the state and Auburn town dispute Richard’s points, noting no evidence of injury due to the machines. Read Article

New York: Election integrity advocates sue to stop use of ExpressVote XL | Rebecca C. Lewis/City & State New York

Common Cause New York and The Black Institute, along with five individuals, have filed a lawsuit against the state Board of Elections to prevent the use of the ExpressVote XL voting machines in the 2024 elections. The lawsuit claims that the touch screen machines do not allow voters to independently and privately verify their votes, as required by state law. Despite approval from the state Board of Elections, no local Board of Elections has purchased the machines. The lawsuit aims to block localities from buying and using these machines, emphasizing that paper ballots marked by the voter are the preferred election security standard. Critics argue that the ExpressVote XL lacks transparency and fails to meet legal standards, exacerbating distrust in the electoral process. Read Article

North Carolina trial judges block election board changes made by Republican legislature | Gary D. Robertson/Associated Press

North Carolina trial judges have issued a preliminary injunction blocking portions of a new law that aimed to transfer Democratic Governor Roy Cooper’s authority to pick election board members to the Republican-dominated General Assembly. Cooper’s lawyers argued that the alterations to the State Board of Elections and county boards would harm his constitutional directive to “take care that the laws be faithfully executed.” The new law, enacted in October, would increase the board to eight members appointed by the General Assembly, potentially creating a 4-4 split among Democrats and Republicans. Read Article

Oregon: County clerks say 2020 election deniers make their jobs tougher | Peter Wong/Portland Tribune

Elected officials in two Oregon counties, Marion and Polk, disclosed the impact of false claims about the 2020 presidential election on election workers, leading to retirements and resignations. The statements followed a report commissioned by the state Elections Division, revealing that approximately one-third of top election managers across the state’s counties have left since 2020 due to false claims undermining trust in elections. Read Article

Pennsylvania: Mail ballot ruling adds confusion to certification process | Carter Walker/Votebeat

Following a federal court ruling, Pennsylvania counties are making varying decisions on whether to count undated and misdated mail ballots cast during the November election. Judge Susan Baxter of the U.S. District Court for the Western District of Pennsylvania ruled that the date a voter writes on the envelope is “immaterial” to the voter’s eligibility. The ruling has led to inconsistencies in how counties handle the ballots, creating challenges during the certification process. Some counties counted the ballots, while others delayed certification or excluded them, leading to potential disenfranchisement. The Department of State has announced redesigned mail ballot materials to prevent such errors. Read Article

Wisconsin judge bans absentee ballot spoiling | Joe Kelly/Courthouse News Service

A Waukesha judge has issued a permanent injunction against the practice of “ballot spoiling,” preventing voters from canceling an absentee ballot they have already returned to cast a new one. The decision by Waukesha County Circuit Court Judge Brad Schimel, a former Republican attorney general, supports the conservative group Restoring Integrity and Trust in Elections, which filed the lawsuit against the bipartisan Wisconsin Elections Commission. The group argued that the commission unlawfully advised clerks and the public that ballot spoiling was permitted. The judge’s decision comes amid ongoing litigation in Wisconsin over absentee voting rules, with various legal challenges from conservatives seeking to restrict certain practices. Read Article

National: Misinformation, cybersecurity among top issues ahead of 2024 elections | Chris Teale/Route Fifty

As the U.S. prepares for the 2024 elections, state and local officials are on alert for potential threats posed by cyberattacks and artificial intelligence (AI) in the wake of incidents during the 2022 midterms. The Mississippi Secretary of State’s website experienced a denial-of-service attack, and AI-generated content, including deepfakes, has become a concern. Efforts to regulate AI in political advertisements are underway, with lawmakers introducing legislation to require disclosures. The Department of Homeland Security expects cybercriminals to exploit networks and data used by political parties and election officials, emphasizing the need for increased cybersecurity funding for state and local governments. The public’s concerns about disinformation, deepfakes, and AI are reflected in surveys, with calls for action to protect voters and regulate AI-generated content. State and local officials are encouraged to enhance cybersecurity practices and training to mitigate potential threats. Read Article

Opinion: Internet voting remains a risky method of casting election ballots | Susannah Goodman, Susan Greenhalgh and Lawrence Norden/The Hill

Online voting is not yet a secure method of casting a ballot. The risks are many. Malware on a voter’s personal device could alter a voter’s selections or replace ballot images with fakes. Experts have noted that “Consumer-grade devices with consumer-grade protections are no match for a motivated attacker, particularly if the attacker is a nation-state.” Targeted denial of service attacks could disenfranchise thousands of voters and alter election outcomes.  Voter authentication credentials could be stolen. The list goes on. Read Article

National: Election officials fear 2024 threats are escalating after series of suspicious envelopes | Zach Montellaro/Politico

Election officials across the United States are on high alert after receiving suspicious letters containing what the FBI says may be fentanyl, a potent synthetic opioid. Offices in at least five states—California, Georgia, Oregon, Nevada, and Washington—received these letters, raising concerns among election workers already facing threats and harassment since the 2020 elections. The FBI and the United States Postal Inspection Service issued a briefing document, describing the letters as a potential domestic terrorist event. The envelopes, appearing ordinary, had “Attn Ballots” typed on the front. Election officials fear that the threats, fueled by conspiracy theories, will escalate as the 2024 presidential election approaches. The letters have already caused disruptions in some areas, with delays in ballot counting reported in Washington state. Election officials are working to ensure the safety of their workers and to intercept any additional letters. Read Article

National: How the ‘Big Lie’ Was Born Inside Fox News | Brian Stelter/Politico

In the aftermath of the 2020 U.S. presidential election, media mogul Rupert Murdoch, owner of Fox News, urged then-President Donald Trump to accept defeat. In an editorial titled “President Trump, your legacy is secure — stop the ‘stolen election’ rhetoric,” published in the New York Post, Murdoch and his son Lachlan advised Trump on handling the loss with dignity and urged him to abandon baseless conspiracy theories. However, Fox News host Maria Bartiromo defied this guidance during her show, “Sunday Morning Futures,” by featuring guest Sidney Powell, who propagated unfounded claims of a coordinated effort to steal the election. Bartiromo’s source for these claims was an email from a Trump supporter with bizarre and baseless assertions. Despite attempts to intervene and correct the misinformation, Fox News continued to host guests spreading false narratives about the election, contributing to the persistence of the “Big Lie” that the election was stolen. The consequences of this misinformation are ongoing, with lawsuits and trials involving Fox News and key figures expected to extend into the Lachlan Murdoch era. Read Article

National: Ex-Trump allies detail efforts to overturn election in plea videos | Amy Gardner and Holly Bailey/The Washington Post

Jenna Ellis, a former attorney for Donald Trump, has informed Georgia prosecutors that in December 2020, Dan Scavino, Trump’s deputy chief of staff, stated that “the boss” had no intention of leaving the White House “under any circumstances.” Ellis, who pleaded guilty in exchange for her testimony, revealed details about the effort by Trump and his allies to overturn the 2020 election. The video recordings of Ellis, along with statements from other defendants who accepted plea deals in the Fulton County case, provide previously undisclosed information. The recordings indicate efforts to challenge election results in various states and reveal internal discussions within the Trump campaign. The charges in the Fulton indictment accuse Trump and 18 others of a conspiracy to steal the 2020 election. The case focuses on several alleged criminal activities, including meetings of Trump electors, pressure on Georgia officials, and harassment of election workers. The recordings suggest a playbook by prosecutors to build a case against multiple defendants through plea deals. Read Article

National: Facebook, Instagram will allow political ads that claim the 2020 election was stolen | Clare Duffy/CNN

Meta, the parent company of Facebook and Instagram, will permit political ads on its platforms to challenge the outcome of the 2020 US presidential election, part of a broader rollback in election-related content moderation by major social media platforms. This policy change allows Meta to profit from political ads spreading false claims about the legitimacy of the 2020 election while prohibiting ads that question the legitimacy of an upcoming or ongoing election. The move is part of a year-old policy update that has not been widely reported. Meta’s broader electoral misinformation policy still prohibits content that may interfere with people’s ability to participate in voting or the census. This shift in handling election advertisements and misinformation comes amid increased pressure on tech companies to combat election misinformation, particularly following the January 6, 2021, attack on the US Capitol fueled by baseless claims about election fraud. Read Article

The California county where far-right officials tried to upend voting | Dani Anguiano/The Guardian

The Shasta County elections office in California faced heightened security measures during a recent special election, drawing national attention due to far-right politics and unfounded claims of election fraud. The county had planned a manual tally system, but state lawmakers passed a bill preventing manual tallies in most elections. The chair of the Shasta board of supervisors insisted on proceeding, creating tensions and fears of political unrest. Registrar Cathy Darling Allen, who faced harassment and opposition, had to navigate implementing the hand-count system despite its complexity and increased costs. Read Article

Colorado: In new lawsuit, Tina Peters sues local, state and federal officials to stop criminal investigations into her conduct | Bente Birkeland/Colorado Public Radio

Former Mesa County Clerk Tina Peters has filed a federal lawsuit, seeking to prohibit the government from pursuing criminal proceedings against her. The suit contends that investigations into her conduct as clerk are unlawful and retaliatory for her exercise of free speech, freedom of association, and the right to petition the government. The primary focus of the complaint is Peters’ alleged involvement in an illegal scheme to copy the hard drives of her county’s voting equipment after the 2020 election, purportedly to aid in the search for voter fraud. Peters, who is facing ten state charges, argues that her actions were within her legal obligations to preserve election records. Prosecutors claim she assisted in identity theft and violated state rules during a voting system software update. Read Article

Florida: At least one GOP election official wants no part of proposal to hand count ballots | Mitch Perry/Florida Phoenix

A bill has been introduced in the Florida House that would allow supervisors of elections to hand-count ballots at the precinct level, a method advocated by conservative voting advocates since Donald Trump’s loss in the 2020 election. The proposal, sponsored by Pinellas County Republican Berny Jacques and Lake County Republican Taylor Yarkosky, would give supervisors of elections the option to conduct hand counts at the precinct level. The bill also aims to prevent the Florida Department of State from authorizing voting systems that use hardware or software designed, owned, or licensed by foreign companies. However, some election officials, like Lake County GOP Supervisor of Elections Alan Hays, dismiss the idea of hand counts, calling it “nonsense” and “absolutely absurd.” Read Article

Georgia: Voting machine doubts drive hand count in Spalding County | Mark Niesse/The Atlanta Journal-Constitution

n Spalding County, Georgia, a conservative exurb south of Atlanta, an audit involving a hand recount of ballots is underway despite no signs of miscounts or voting machine errors in the recent elections for mayor and the City Commission. The county election board, dominated by Republicans, initiated the hand recount, driven by deep distrust of Georgia’s voting machines. Spalding is one of six Republican-run counties in the state conducting labor-intensive audits of results from ballot scanners, a trend seen in conservative communities across the country that resist voting technology, particularly since the 2020 presidential election. Voting rights activists express concerns that manual audits, driven by suspicion, could undermine faith in elections rather than bolster it, even as investigations and recounts repeatedly debunk fraud suspicions. Read Article

Georgia: Constitutional challenge to voting machines set for trial early next year | Kate Brumback/Associated Press

A federal judge, U.S. District Judge Amy Totenberg, has ruled in a lawsuit challenging Georgia’s electronic voting system, determining that the question of major cybersecurity flaws violating voters’ constitutional rights will proceed to trial on January 9, 2024. The activists behind the suit advocate for replacing electronic voting machines with hand-marked paper ballots. Totenberg rejected the state’s request for a summary judgment, stating that there are “material facts in dispute” that must be addressed at trial. The judge urged the involved parties to collaborate on a resolution, emphasizing the importance of discussions, compromises, and legislative action to address challenges to the election system and democracy. Read Article

A third of Kansas election officials have quit because of harassment and conspiracy theories | Dylan Lysen/KCUR

The aftermath of the 2020 election and unsubstantiated claims of widespread voter fraud have led to a significant turnover of election officials in Kansas, with 35 of the state’s 109 officials resigning since 2020. The Kansas Legislature’s Special Committee on Elections has held hearings where advocates for election security changes argued that the state’s voting systems are not safe, but some officials, like Republican Harvey County Clerk Rick Piepho, say the committee is focusing on disinformation and unfounded conspiracy theories. The ongoing scrutiny and criticism of election officials, along with the stress of ensuring election security, are cited as factors contributing to the turnover, which is consistent with a national trend. Despite these challenges, election officials are preparing for the 2024 presidential election, recognizing the importance of their role in American democracy. Read Article

Kentucky: Issue with ExpressVote machines discussed during 2023 Election Recap at Fiscal Court | Spencer Mahon/Richmond Register

Madison County Clerk, Kenny Barger, addressed concerns raised about the county’s ExpressVote ballot marking devices during a county fiscal court meeting, explaining that voters attempting to make a straight-party selection were inadvertently hitting just above the Republican option due to touchscreen calibration issues. Barger emphasized that the reported errors did not result in incorrectly cast votes, and the machines were secure, cost-effective, and convenient. He acknowledged the need to rectify the trust issues stemming from the reported problems and pledged to ensure better accountability from vendors in the future. Read Article

The rural Michigan town fighting against rightwing conspiracy theories | Michigan | Alice Herman/The Guardian

Adams Township in Hillsdale county is facing political divisions, far-right influence, and concerns of potential violence leading up to the 2024 elections. The region has been marked by election conspiracy theories, with a faction called “America First Republicans” emerging from the Hillsdale county GOP. The former leader of the Christian Hutaree Militia, David Stone, now chairs this group. Adams Township recently removed a conspiracy theory-promoting clerk and a far-right supervisor, hoping for stability. The new clerk, Suzy Roberts, faces the dual challenge of navigating new statewide election policies for 2024 and countering false conspiracy theories. The transition comes amid a backdrop of threats, harassment, and tensions in the community, highlighting the broader issues surrounding election administration and security in politically divided areas. Read Article

Michigan: Private eye, secret informant aided voting machine tampering probe | Jonathan Oosting/Bridge Michigan

Private investigator Michael Lynch, who was hired by Stefanie Lambert and Matt DePerno, testified before a grand jury and cooperated with authorities in a case involving an alleged voting machine tampering scheme. Lambert and DePerno were indicted for their roles in the scheme, which prosecutors claim involved testing an illegally obtained voting machine to prove it was rigged against former President Donald Trump. Lynch allegedly hosted Lambert, DePerno, and others in his condominium for the testing. Court records reveal that Lynch provided information to authorities in April 2022, meeting with officials from the Department of Attorney General and state police. Read Article

A Mississippi voting meltdown deserves more attention than it’s getting | Jessica Huseman/Votebeat

The 2023 off-cycle election concluded with overall smooth proceedings, but Hinds County, Mississippi, emerged as a significant exception. Despite high expected turnout for a competitive gubernatorial race, precincts in Hinds County repeatedly ran out of ballots, leading to long lines and frustrated voters. Local officials cited unexpectedly large turnout as the main problem, with some pointing to issues related to 2020 redistricting, which changed precinct lines and split precincts in new ways. While State law requires counties to have ballots for 60% of total active voters, local officials have discretion over distribution. The situation in Hinds County highlights concerns about election preparation and challenges in ensuring adequate ballot supplies. Read Article

Nevada GOP fake electors under state investigation | Tabitha Mueller and Gabby Birenbaum/The Nevada Independent

Nevada’s Attorney General, Aaron Ford, a Democrat, is now investigating six Republicans who falsely pledged Nevada’s electoral votes to Donald Trump in 2020, despite Joe Biden winning the state by 2.4 percentage points. The Republicans, including state party chair Michael McDonald and national committeeman Jim DeGraffenreid, submitted an uncertified slate of electors for Trump in December 2020, following the Trump campaign’s instructions. The investigation marks a shift for Ford, who had previously been silent on the matter, citing that state law might not allow for charges. Other states, like Michigan and Georgia, have brought charges against individuals involved in similar fake elector schemes. The investigation raises questions about the violation of Nevada law, which mandates electors to cast their votes for the popular vote winner and prohibits unauthorized public duties or falsifying records. Read Article

Pennsylvania: Voting rights groups call for investigation of Election Day problems in Northampton County | Peter Hall/Pennsylvania Capital-Star

Voting rights groups, including the ACLU of Pennsylvania and Common Cause PA, are demanding an explanation from Northampton County officials regarding a programming error on the ES&S ExpressVote XL voting machines used in the county that affected ballots on Election Day. The error in the Superior Court retention race forced voters to use emergency ballots, leading to confusion and doubts about the accuracy of votes. The groups are calling for a thorough investigation, a transparent report, and measures to rebuild public trust, emphasizing the need for improved testing procedures and contingency plans. Secretary of State Al Schmidt has pledged to follow up with the county and its voting machine vendor to determine why the error went unnoticed. The incident underscores the importance of addressing voting machine vulnerabilities and ensuring proper contingency plans to prevent similar issues in the future. Read Article

Texas: Harris County’s 2023 election shows progress, work remains ahead of 2024 | Natalia Contreras/The Texas Tribune

Harris County recently faced criticism from a judge for violating state law in the way it calculated the allocation of ballot paper for each polling location, which contributed to shortages and chaos during the 2022 election. The judge upheld the election results but emphasized that the county’s election administration department failed to follow proper procedures in determining the paper supply needed. The law requires officials to calculate paper allocation based on previous comparable election turnout plus a 25% buffer. Harris County did not adhere to this and did not seek guidance from the secretary of state’s office. The judge’s ruling highlighted the need for better planning and adherence to election procedures to avoid similar issues in the future. The county’s newly appointed election chief, Teneshia Hudspeth, expressed commitment to building trust with voters and addressing the problems highlighted in the ruling as the county prepares for the 2024 presidential election. Read Article

South Dakota: Former small-town mayor is behind the rise of electoral activism in the state. He’s just getting started. | Stu Whitney/South Dakota News Watch

Rick Weible, a prominent election denier in the Midwest, played a significant role in South Dakota’s 2022 race for secretary of state by supporting Monae Johnson, a nominee who publicly expressed doubts about the validity of the 2020 election. Weible, a former small-town mayor and Republican Party operative, initially considered running but backed Johnson, viewing her as a candidate who could help reform the system. However, Weible later discovered problems with Johnson’s campaign, alleging it was a “complete fraud.” Despite this, Johnson won with 61% of the vote, supported by far-right delegates. Weible’s influence in the state’s electoral activism, driven by unfounded allegations of rigged voting systems, has contributed to a movement demanding transparency and reforms in South Dakota’s election processes. The state has responded with legislation banning drop boxes and addressing voter-roll updates, residency requirements, post-election audits, and testing of tabulation equipment, reflecting a broader trend in rural Republican states to restrict voting access. Weible, now a vocal advocate for election reforms, benefits from the supportive political environment in South Dakota. Read Article

National: Election offices are sent envelopes with fentanyl or other substances. Authorities are investigating | Christina A. Cassidy, Ed Komenda and Gene Johnson/Associated Press

Authorities are investigating the sending of suspicious letters, some containing fentanyl, to elections offices in at least five states, including Georgia, Nevada, California, Oregon, and Washington. The letters, some intercepted before delivery, delayed ballot counting in local races. Four of the letters contained the powerful opioid fentanyl. The FBI and U.S. Postal Inspection Service are treating the incidents as acts of domestic terrorism and working to intercept additional letters. The letters, featuring various symbols and messages, raise concerns about the safety of election workers and underscore the ongoing threats faced by election officials across the country. Read Article

California: Election day in Shasta County comes off with little conflict | Hailey Branson-Potts and Jessica Garrison/Los Angeles Times

Shasta County Registrar-Recorder Cathy Darling Allen and her staff prepared for potential conflicts during Tuesday’s election by installing a 7-foot metal fence inside their office. The county had been embroiled in controversies over voting methods, with a far-right majority on the Board of Supervisors opting for a hand count over using Dominion voting machines, a decision that was later overruled by state officials. Despite concerns, the election proceeded relatively calmly, with minimal conflicts reported. About two dozen supporters of Darling Allen showed up to ensure the security of the vote count. Ultimately, fewer than 20% of eligible voters participated in the election, and the results are expected to be certified by November 22. Read Article

National: One year out: how a free and fair 2024 presidential election could be under threat | Zachary Roth/News From The States

As the U.S. approaches another presidential election, concerns arise over potential threats to the electoral process. Despite arrests and convictions related to the January 6th Capitol attack, there’s little indication of moderation among those who challenged the election. Former President Trump has hinted at seeking retribution if reinstated, an election denier now leads one House of Congress, and threats of political violence influence key voting decisions. A recent poll reveals that 3 out of 4 respondents believe American democracy is at risk, with nearly a quarter suggesting violence might be necessary to safeguard the nation. Experts emphasize the need to assess vulnerabilities and reinforce the electoral system against potential subversion, chaos, voter suppression, and administrative challenges. Read Article

National: Why countering false election claims may be harder in 2024 | Shannon Bond and Miles Parks/NPR

Election officials and experts express concerns over the growing pressure from the political right, led by figures like former President Donald Trump and GOP Congressman Jim Jordan, that has framed efforts to combat election misinformation as censorship. A campaign of legal and political pressure has led to the scaling back or dismantling of tools and partnerships designed to address falsehoods, even as foreign threats and concerns about misinformation persist. Instances like the shutdown of the Department of Homeland Security’s Disinformation Governance Board and a lawsuit alleging collusion between the Biden administration and social media companies have contributed to a chilling effect on efforts to combat election-related rumors and conspiracy theories. This pressure has also affected social media platforms’ willingness to police false claims and misinformation, raising concerns about the ability to counter election-related falsehoods effectively. Read Article