National: Smartmatic subpoenas Flynn, Bannon in defamation lawsuits against Fox News and Newsmax | Marshall Cohen/CNN

Voting technology company Smartmatic has issued subpoenas to Trump allies Michael Flynn and Steve Bannon as part of its defamation lawsuits against Fox News and Newsmax. The lawsuits stem from the promotion of 2020 election lies, with Smartmatic seeking $2.7 billion from Fox and an unspecified amount from Newsmax for disseminating false information that harmed the company’s business. Both Flynn and Bannon played significant roles in Trump’s efforts to overturn the election results, and they have faced their own legal troubles in the past. Fox News and Newsmax deny wrongdoing and are contesting the lawsuits. Read Article

National: Intelligence nominee warns generative AI poses threat to 2024 elections | Maggie Miller/Politico

Lt. Gen. Timothy Haugh, Joe Biden’s nominee to lead the NSA and Cyber Command, expressed concerns about the potential threat of generative artificial intelligence (AI) technologies in the upcoming U.S. presidential election. Haugh testified to the Senate Armed Services Committee that foreign actors might attempt to use generative AI to interfere with the electoral process. The use of AI in disinformation campaigns poses new challenges for organizations like Cyber Command and the NSA, which have previously monitored and disrupted threats to U.S. elections. Senators from both parties are calling for regulations and monitoring of AI technologies to address the risks of disinformation and potential foreign interference. Read Article

National: AI could create a disinformation nightmare in the 2024 election | Joshua A. Tucker/The Hill

The rapid evolution of social media from a tool for democratization to a threat to democracy has raised concerns about the role of AI, specifically language models like ChatGPT, in spreading political misinformation. The rise of social media reduced the cost of spreading misinformation, and now AI has lowered the barriers to producing misinformation by generating high-quality text and images. AI-generated images may be easier to address through labeling with unalterable watermarks or metadata, but detecting AI-generated text will require the use of other AI methods, potentially leading to greater ambiguity and claims of bias. The responsibility ultimately falls on social media platforms, which remain the primary means of spreading misinformation, and the need for transparency and regulation is crucial. Read Article

Arizona: As push for hand-counting ballots continues, Republican senators emphasize legality, not practicality | Jen Fifield/Votebeat Arizona

Republican lawmakers in Arizona are touring the state to convince county decision-makers to hand-count ballots in the upcoming presidential election. They claim that it is legal to do so in Arizona, emphasizing that county officials are not mandated to use machines. The pitch is finding support among Republican voters who are skeptical of the security of machines, but election law attorneys disagree on the legality of hand-counting ballots. While some believe the lack of specificity in state law allows for hand-counting, others argue that it is illegal based on other sections of the law. Hand-counting ballots could pose significant challenges due to Arizona’s notoriously long ballot and high turnout, making the process less accurate and efficient compared to using machines. The debate over legality is drawing attention away from other well-known issues with hand-counting and has the potential to result in a court battle at taxpayer expense. Read Article

Arizona: Cochise Supervisors’ quest for conducting 100% hand count continues in court | Summer Hom/AZPM

The Cochise County Board of Supervisors has filed an appeal after a judge ruled against their pursuit of a 100% hand count audit of the 2022 General Election, stating it violated Arizona election law. The board’s attorney argued that state statute permits such an audit, citing the language requiring a randomized hand count audit of at least two percent of precincts or two precincts, whichever is greater. Another section of Arizona law allowing ballots to be counted by hand or machines was also invoked. The judge maintained the statute applies and is not superfluous, while an attorney representing the Arizona Alliance for Retired Americans argued that Arizona law does not allow a full hand-count audit unless discrepancies trigger expanded audits. The appeals court has not set a timetable for its decision. Read Article

California: Redding councilor says cost to hand count votes could affect city’s ability to hire police | David Benda/Redding Record Searchlight

The Redding City Council in California is concerned about a proposed voting system change in Shasta County that would involve hand counting ballots. The cost to implement this new plan would nearly quadruple the city’s expenses for the November 2022 election, potentially reaching $400,000 for two elections in a year. Councilwoman Julie Winter worries that this increase in costs would affect the city’s ability to hire police officers, impacting public safety. The proposed change to hand counting ballots is part of a broader investigation into attempts to overturn election results, but it could become moot if Assembly Bill 969, which bans manual counting of ballots in elections with over 1,000 registered voters, becomes state law. Read Article

Georgia Supreme Court rejects Trump’s bid to block Georgia election probe | Joseph Ax/Reuters

Georgia’s Supreme Court has unanimously rejected former President Donald Trump’s attempt to block an investigation into potential illegal interference with the state’s 2020 election. The investigation is led by Fulton County District Attorney Fani Willis, who has been looking into the matter since a recorded phone call in January 2021, where Trump urged Georgia’s top election official to find enough votes to overturn Joe Biden’s victory. The court’s decision comes ahead of a planned formal charges request by prosecutors, and Willis has indicated that she will seek indictments in August from a regular grand jury. Trump denies any wrongdoing and accuses Willis of targeting him for political reasons. Read Article

Michigan charges 16 Trump electors who falsely claimed he won the state | Patrick Marley/The Washington Post

Michigan Attorney General Dana Nessel, a Democrat, has charged 16 Republicans, including former state Republican Party co-chairwoman Meshawn Maddock, with forgery and other felonies for falsely claiming to be the state’s 2020 presidential electors. The charges stem from a state investigation into the submission of official-looking paperwork to the federal government asserting they were casting the state’s electoral votes for former President Donald Trump, despite Joe Biden winning Michigan. These charges mark the first criminal prosecution against Trump electors as investigations into attempts to overturn election results intensify across the country. Read Article

Montana: The back-and-forth over voting rights | Alex Sakariassen/Montana Free Press

Plaintiffs, including the Montana Democratic Party, tribal stakeholders, and youth engagement organizations, have filed legal briefs in response to Secretary of State Christi Jacobsen’s appeal over four election laws that were blocked in 2021. The appeal centers on the level of legal scrutiny applied to the laws that ended same-day voter registration, barred paid ballot collection, and implemented stricter voter ID requirements. The plaintiffs argue that the laws are unconstitutional and infringe on Montanans’ right to vote, while Jacobsen maintains they are necessary to combat voter fraud and safeguard election integrity. Additionally, the appeal addresses a fourth law that was struck down, which prevented county officials from sending absentee ballots to minors turning 18 on or before Election Day, deemed as denying voting access to that subgroup. Two groups, the Montana Federation of Public Employees and a coalition of state constitution and election law scholars, have expressed support for the plaintiffs in the case. Read Article

Oregon: Federal judge tosses lawsuit over mail voting, tabulation machines | Julia Shumway/Oregon Capital Chronicle

A federal judge has dismissed a lawsuit seeking to end mail voting and electronic voting tabulation in Oregon, stating that the plaintiffs, a group of unsuccessful Republican candidates and election deniers, lack standing to sue. The plaintiffs alleged that Oregon’s computerized vote tabulation and mail-in voting systems violated their constitutional rights, but the judge ruled that their claims were generalized grievances and lacked evidence. The lawsuit relied on a film by right-wing commentator Dinesh D’Souza, which had been debunked by election experts. The case is part of several attempts by election deniers to discredit elections in Oregon and elsewhere. Read Article

Texas to Leave ERIC, a Voting Integrity Group Targeted by Right-Wing Attacks | Neil Vigdor/The New York Times

Texas has decided to withdraw from the Electronic Registration Information Center (ERIC), a bipartisan voter integrity group that maintains accurate voter rolls. The state cited rising membership costs due to declining enrollment and a new state law requiring alternatives for crosschecking voter lists as reasons for the decision. ERIC, which helps prevent duplicate voter registrations…

Washington: King County bolsters election security amid intimidation to workers nationwide | Michelle Esteban/KOMO

Election workers across the United States, including those in King County, are facing unprecedented levels of intimidation, with reported threats and harassment causing some workers to leave their jobs. The rise of misinformation since 2020 has contributed to this hostile environment, leading election administrators to take enhanced safety measures for the 2024 presidential election. In…

Wisconsin’s top election official interviewed by Federal authorities in 2020 probe | Molly Beck/Milwaukee Journal Sentinel

Meagan Wolfe, the administrator of the Wisconsin Elections Commission, was interviewed by federal authorities investigating former President Donald Trump’s efforts to subvert the 2020 election leading up to the January 6, 2021 Capitol insurrection. Wolfe’s interview was part of the ongoing probe conducted by Special Counsel Jack Smith, who is gathering information from officials in battleground states where Trump’s attempts to overturn his election loss were most intense. The investigation aims to understand the events surrounding the insurrection and disinformation campaigns about Wisconsin’s election system that led to unsuccessful Republican efforts to implement new voting restrictions and dismantle the state elections agency. Trump confirmed he is a target of the investigation, and Smith has given him a week to appear before a grand jury. Reasd Article

Wisconsin GOP lawmakers introduce bill to add watermarks to absentee ballots. Clerks say it would create problems. | Hope Karnopp/Milwaukee Journal Sentinel

Republican lawmakers in Wisconsin have introduced a bill that would require watermarks on absentee ballots, citing the need to curb public distrust in absentee ballots and restore trust in the election process. However, election clerks argue that the measure would create more problems without solving any. They note that watermarked ballots would pose challenges such as determining the number of watermarked ballots to purchase, ensuring accurate counting by machines, and potential recount and audit problems. Clerks also point out that watermarks could interfere with machine reading and that photocopies of watermarked ballots can still be made. Another bill with bipartisan support is also being considered, which would require military voters to provide their Department of Defense number when requesting an absentee ballot. Election clerks generally support this measure as it adds an additional level of security without significant issues. Read Article

National: The self-inflicted voting machine misinformation crisis looming over 2024 | Zach Montellaro/Politico

Election officials in the United States are concerned that upcoming changes to voting machine certification guidelines by the federal government will be exploited to spread misinformation and undermine trust in the 2024 election. After enduring contentious election cycles in recent years, officials fear that false information about the consequences of the changes will circulate, much like the conspiracy theories surrounding the security of voting machines after the 2020 election. The new standards, aimed at improving cybersecurity and accessibility, will be implemented in November 2023, just before the presidential election, leading officials to worry that public scrutiny and misinterpretation of the guidelines may erode public confidence in the electoral process. Read Article

National: Secretaries of State brace for wave of AI-fueled disinformation during 2024 campaign | Tonya Riley/CyberScoop

Secretaries of State are bracing themselves for election disinformation campaigns during the 2024 presidential race that are expected to be amplified by artificial intelligence (AI), according to discussions at the National Association of Secretaries of State Conference. They anticipate the spread of deepfakes and other AI-generated content designed to deceive voters. Several states are enacting laws to require the disclosure of deepfakes in political ads, while others believe social media companies should assume more responsibility for AI-generated content. Educating voters and providing transparency in the election process are key priorities for officials in countering disinformation. Read Article

National: Disinformation Researchers Fret About Fallout From Judge’s Order | Tiffany Hsu and Stuart A. Thompson/The New York Times

A federal judge’s ruling that restricts the government’s communication with social media platforms could hinder efforts to curb harmful content, according to researchers and groups combating hate speech and disinformation. The ruling, which followed lawsuits accusing Facebook and Twitter of censoring right-leaning content, prevents government agencies from urging the removal of protected free speech. Researchers argue that the government should be able to inform social media companies about harmful content without coercing them to remove it, and they expressed concerns about a potential chilling effect on disinformation research and the ability to combat misinformation before the 2024 election. Read Article

National: Social media injunction unravels plans to protect 2024 elections | Cat Zakrzewski , Naomi Nix and Joseph Menn/The Washington Post

Last week’s court injunction limiting government communication with tech companies is undermining efforts to combat election interference, with reduced content moderation, decreased research on disinformation, and a pause in government communications with Silicon Valley. The ruling comes as tech companies face new threats from AI-generated fake content and civil rights groups warn of increased election lies. The injunction highlights the ongoing partisan battle over social media rules, hindering academic research and impacting conversations among tech companies about disinformation. The focus on government communication overlooks tech companies’ moderation shortcomings, while the release of new products further challenges the ability to adapt to evolving threats. Read Article

National: Republicans’ conservative election bill heads to House floor | Justin Papp/Roll Call

The House Administration Committee voted 8-4 to advance the American Confidence in Elections Act, a conservative election package, despite strong opposition from Democrats. Democrats argue that the bill seeks to disenfranchise voters of color, protect wealthy donors, and undermine the self-governance of Washington, D.C. The bill includes measures such as urging states to adopt voter ID requirements, overriding certain D.C. election laws, prohibiting federal funds to states allowing noncitizen voting or ballot harvesting, and restricting federal agencies from accessing conservative nonprofits. Only one Democratic amendment was approved out of nearly 50, while the Democratic alternative bill failed to pass. The fate of the bill is uncertain in the Democrat-controlled Senate. Read Article

National: CISA director and USDS administrator among federal officials barred from contacting social media companies | Nihal Krishan/FedScoop

A federal judge has issued a ruling barring certain federal government officials from contacting social media platforms to discourage or remove content protected by the First Amendment. The decision restricts officials from agencies including the White House, Health and Human Services, and the FBI from engaging with social media companies over conservative opinions that were allegedly suppressed. The judge’s ruling has been seen as a victory for Republicans who accuse the government of censorship, while Democrats argue that social media platforms have failed to address misinformation. The Biden administration is reviewing the ruling, and it could be appealed to a higher court. Read Articlep

National: Threads: Meta cut election teams months before launch, raising concerns for 2024 | Donie O’Sullivan and Sean Lyngaas/CNN

Meta, the parent company of Facebook and Instagram, has reportedly made cuts to its teams responsible for tackling disinformation and coordinated troll and harassment campaigns on its platforms. Concerns have been raised about the impact of these cuts on efforts to counter false information ahead of the 2024 elections in the US and globally. The layoffs have affected members of the team working on Meta’s election integrity initiatives, including content review specialists who manually review election-related posts. The reductions in personnel may result in some deceptive efforts going unnoticed, while the use of Meta’s new Threads platform by bad actors has raised further concerns. Read Article

National: GOP states quit the program that fights voter fraud. Now they’re scrambling. | Zach Montellaro/Politico

Several Republican-led states that left the Electronic Registration Information Center (ERIC), a nonpartisan program designed to maintain accurate voter rolls, are now scrambling to find alternatives to catch “double voters” ahead of the 2024 presidential election. Ohio, one of the states that left ERIC, has been convening leaders from multiple states to discuss ways to work together and fill the security gap left by exiting the program. Elections officials are facing ongoing scrutiny about the accuracy of voter rolls and are seeking solutions to address accusations of fraud. The new effort being discussed would involve individual states signing data sharing agreements with one another, but it would lack the centralized database structure of ERIC, making tasks like updating voter rolls more challenging. The future of ERIC itself is also uncertain, as more states consider leaving the program. Read Article

National: The Case That Could Be Fox’s Next Dominion | Jeremy W. Peters and Alan Feuer/The New York Times

Conservative television host Tucker Carlson is facing a potential defamation lawsuit from Ray Epps, an Arizona man accused by Carlson of being a covert government agent involved in inciting the January 6 Capitol assault. Epps, who participated in demonstrations on that day but never entered the Capitol, has not been charged with a crime. Lawyers representing Epps and his wife are planning to sue Fox News, arguing that Carlson’s repeated false statements about Epps have harmed his reputation. The potential lawsuit adds to Fox News’ legal troubles related to false claims about the 2020 election and workplace toxicity allegations. Read Article

Arizona: Federal officials to test Maricopa County’s electronic poll books in pilot program | Sasha Hupka/Arizona Republic

Maricopa County is participating in a pilot program to test its electronic poll books, known as SiteBooks, in order to develop guidelines for poll book systems across the United States. The pilot program aims to standardize the security checks for electronic poll books, improve national security posture, and increase trust in elections. Maricopa County’s SiteBooks, which connect to the internet and have unique features, have been hardened over the years to prevent unauthorized access. The testing and findings from the pilot program could inform further improvements to electronic poll book systems and provide guidance for jurisdictions nationwide. Read Article

Connecticut: Funding for new voting machines now up to Governor | Andrew Brown/CT Mirror

Connecticut lawmakers approved over $25 million for the purchase of new voting machines, but it remains uncertain when the equipment will be available for use by local election officials. The decision on whether to spend the funds and purchase the new tabulators lies with Governor Ned Lamont. The state’s existing tabulators are over 16 years old and prone to jamming and breakdowns, prompting concerns among election administrators. The procurement process and implementation of the new machines would require time, training, and coordination with local officials, making it important to decide on the purchase soon to ensure they are in place for the upcoming presidential election. Read Article

Kansas audit of election security exposes strengths, weaknesses of voting systems | Tim Carpenter/Kansas Reflector

An audit conducted by the auditing division of the Kansas Legislature found that election officials in more than a dozen counties in Kansas had adequate overall security practices and management of election computers but raised concerns about the security of ballots and vote tabulation machines. The audit compared Kansas’ election practices against recommended federal election security policies and revealed both strengths and weaknesses. The auditors recommended that the Secretary of State’s office create example election security policies, provide guidance to county election officers on sealing election materials, and use training opportunities to reinforce the importance of security measures. Secretary of State Scott Schwab acknowledged the need for strengthening certain election security policies and procedures. The audit was conducted in response to calls for election audits and reviews by individuals skeptical of the outcome of the 2020 presidential election. Read Article

Michigan judge rules law broadly bans ‘undue possession’ of voting machines | Craig Mauger/The Detroit News

Oakland County Circuit Judge Phyllis McMillen has ruled that it is illegal to possess a voting tabulator without authorization from the Secretary of State’s office or a court order. The ruling comes as part of an ongoing case in Michigan, where a group of supporters of former President Donald Trump is being investigated for allegedly obtaining voting machines and spreading false claims of widespread voter fraud after the 2020 election. Under state law, undue possession of a tabulator is a felony. The ruling by Judge McMillen lays the groundwork for potential criminal charges in the case. Read Article

Michigan attorney in downstate election probe sought to move voting machine tampering case to Antrim County | Mardi Link/Traverse City Record-Eagle

Attorney Stefanie Lambert and others, accused of illegally obtaining voting machine tabulators after the 2020 presidential election, sought to move the case to Antrim County, Michigan, but were unsuccessful. The investigation by Michigan State Police involves allegations of a conspiracy to unlawfully access voting machines, and prosecutors are examining potential charges related to multiple crimes in multiple counties. The case involves allegations of orchestrated plans to gain access to voting tabulators and perform tests on the equipment. Lambert and others named in the investigation have denied any wrongdoing. The appointment of a special prosecutor is pending, and the issue of whether clerks have the authority to hand over election equipment without a court order is being debated in court. Read Article

Nevada judge denies GOP request to block presidential primary election | Riley Snyder/The Nevada Independent

A judge in Carson City has rejected the Nevada Republican Party’s motion to replace the state’s presidential primary election with a caucus. The lawsuit challenged a 2021 law that shifted Nevada from a caucus to a primary. The judge ruled that the Republican Party could still hold a caucus if it chose to do so. The party intends to proceed with a caucus in February to allocate presidential delegates and is seeking to avoid a state-run primary election. The 2021 law was signed by Democratic Governor Steve Sisolak and advanced Nevada’s position in the presidential nominating calendar. The Republican Party wants to maintain the traditional Iowa-New Hampshire-South Carolina-Nevada schedule. Read Article

North Dakota election official challenges mail ballot counting law in Trump-aligned group’s lawsuit | Jack Dura/Associated Press

A North Dakota county election official is suing the state’s election director to block the counting of mail-in ballots received after Election Day. The lawsuit was filed by the conservative group Public Interest Legal Foundation (PILF), known for bringing lawsuits during former President Donald Trump’s false claims of election fraud in 2020. The lawsuit argues that federal and state law conflict on the deadline for ballot submission, causing confusion and potential criminal penalties for election officials. PILF claims that allowing ballots to be counted after Election Day violates federal law and seeks to restore the significance of Election Day. Critics argue that the lawsuit is an attempt to challenge the delay in announcing election results and echoes Trump’s unfounded claims about the 2020 election. Read Article