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

Washington: A Pair of Election Deniers Are Running To Take Over County Election Offices | Cameron Joseph/Bolts

Robert Sutherland and Doug Basler, both Republicans, are running against nonpartisan election administrators in an attempt to gain control of two major county election offices in Washington state. Their campaigns are elevating false claims about the election system, which could contribute to a hostile environment for election workers and undermine voters’ trust in the fairness of elections. Despite being long shots to win, their candidacies could increase the risk of harassment faced by election workers. Basler has questioned the integrity of the voting system and advocated for hand-counting paper ballots, while Sutherland has promoted conspiracy theories and expressed distrust in the election system. The ongoing candidacies of candidates like Basler and Sutherland contribute to the challenges faced by election administrators. Read Article

Wisconsin: Battle over top elections official could have ripple effects for 2024 | Harm Venhuizen/Associated Press

The future of Meagan Wolfe, the administrator of the Wisconsin Elections Commission, is in question as Republicans in the state Legislature call for her resignation, accusing her of being part of a plan to rig the 2020 election in favor of President Joe Biden. Despite multiple reports and reviews confirming the fairness and accuracy of the election, Republicans have targeted Wolfe, prompting Democratic election commissioners to seek a workaround to keep her in office beyond her term’s expiration. The outcome of this dispute could have implications for the 2024 presidential contest in Wisconsin, a key battleground state where margins are typically narrow. Read Article

Supreme Court Rejects Theory That Would Have Transformed American Elections | Adam Liptak/The New York Times

The US Supreme Court rejected a legal theory that would have granted state legislatures broad powers to set rules for federal elections and engage in partisan gerrymandering. In a 6-3 vote, the court held that state legislatures are not exempt from the constraints imposed by state law. The case, Moore v. Harper, centered around a voting map drawn by the North Carolina Legislature that was initially rejected as a partisan gerrymander by the state’s Supreme Court. The US Supreme Court’s decision upheld the state court’s authority to review the actions of the state legislature and maintain its role in federal election matters. Read Article

Georgia elections official downplays cybersecurity threats despite report | Timothy Pratt/The Guardian

Georgia’s top election official, Brad Raffensperger, is disregarding a recently released report by J Alex Halderman and Drew Springall, which identifies serious vulnerabilities in Georgia’s computerized election system. The report, sealed by the court for two years, found vulnerabilities in almost every part of the system that could potentially allow votes to be changed, potentially affecting election outcomes. Raffensperger, however, is siding with a conflicting report commissioned by Dominion Voting Systems and claiming that the vulnerabilities are unlikely to be exploited. Raffensperger’s decision not to address the system’s vulnerabilities before the 2024 presidential elections has been criticized as “irresponsible and wrong” by Halderman. The situation has led to a standoff between computer scientists and election deniers, with Raffensperger dismissing the scientists’ conclusions as “theoretical and imaginary”. The controversy raises concerns about the integrity of Georgia’s election system and the potential for election interference. Read Article

Wisconsin Republicans try to force vote on reappointment of nonpartisan election leader | Scott Bauer/Associated Press

Republicans in control of the Wisconsin Senate have made a surprise move to force a vote on firing the state’s nonpartisan top elections official, Meagan Wolfe, before the 2024 presidential election. Democrats walked out of the Senate chamber in protest, objecting to the unscheduled vote taking place late in the evening. The Republican action is an attempt to circumvent the Wisconsin Elections Commission, which had tried to block the Senate from voting on Wolfe’s confirmation. Democrats fear that the Senate will reject her confirmation, effectively firing her. Wolfe, who has defended her decisions and fought against false claims of election fraud, has served as the state’s elections administrator since 2018 and is highly regarded in the field. Read Article

Wisconsin Elections Commission deadlocks on administrator Meagan Wolfe reappointment | Molly Beck/Milwaukee Journal Sentinel

The Wisconsin state elections commission failed to reach an agreement on whether to reappoint Wisconsin Elections Commission administrator Meagan Wolfe, leaving the future of the state’s top election official uncertain. The commission, consisting of three Democrats and three Republicans, faced a deadlock on the issue, with Democrats abstaining from the vote in an attempt to ensure that Wolfe’s reappointment would be subject to a confirmation vote by the Republican-controlled state Senate. The partisan impasse leaves the leadership of Wisconsin’s election agency in turmoil less than a year before the next presidential election, as Republicans push for Wolfe’s ouster based on unfounded claims about the 2020 presidential election. The situation raises uncertainty about Wolfe’s position and the effective administration of future elections in the state. Read Article

National: Supreme Court rejects novel legislative theory but leaves a door open for 2024 election challenges | Nicholas Riccardi and David A. Lieb/Associated Press

The Supreme Court has rejected the most extreme version of the “independent state legislature theory,” which argues that state legislatures have absolute power in setting the rules of federal elections and cannot be second-guessed by state courts. The 6-3 ruling leaves open the possibility for more limited challenges that could increase the court’s role in deciding voting disputes during the 2024 presidential election. While voting rights groups celebrated the decision as a victory for democracy, critics noted that the court’s ruling still allows federal judges to review laws governing federal elections if state courts act outside the “ordinary bounds.” Conservatives and liberals agree that the question of the role of state courts in federal elections is likely to arise in last-minute challenges during the 2024 presidential election. Read Article

National: How the Supreme Court’s decision on election law could shut the door on future fake electors | Zach Montellaro, Kyle Cheney and Madison Fernandez/Politico

The Supreme Court’s rejection of the “independent state legislature theory” has effectively eliminated a controversial scheme used by Donald Trump in his attempt to overturn the 2020 election results. The scheme involved friendly state legislatures appointing alternate slates of pro-Trump electors, despite state laws certifying Joe Biden’s victory. Trump and his allies argued that state legislatures had the power to unilaterally reverse the outcome, even if it contradicted their own laws and constitutions. The theory, promoted by attorneys like John Eastman, had not been directly ruled on by any court, allowing proponents to present it as a plausible interpretation of constitutional law. However, the Supreme Court’s recent decision in Moore v. Harper rejected the theory, signaling that state legislatures do not have unvarnished power and cannot replace the popular will. This decision has significant implications for future presidential contests, particularly in undermining similar attempts to subvert election results. Read Article

National: What the Supreme Court’s rejection of a controversial theory means for elections | Hansi Lo Wang/NPR

The Supreme Court ruling on the “independent state legislature theory” has brought stability to upcoming elections by confirming that state lawmakers’ power to control congressional elections can be checked by state courts and constitutions. The ruling rejects the extreme version of the theory and avoids potential chaos in the election system. However, it leaves a legal question about the boundaries of state courts’ authority, which may invite future requests for the Supreme Court to review state court rulings. The ruling does not directly affect North Carolina’s congressional map but raises questions about Ohio’s redistricting plan. Read Article

National: GOP state legislatures seek greater control over state and local election offices | Christina A. Cassidy/Associated Press

Republican lawmakers in several states have been seeking to increase their authority over state and local election offices, leading Democrats to warn of potential targeting of left-leaning counties in future elections. These efforts include granting legislative approval of court settlements in election-related lawsuits and creating avenues for taking control of local election offices. The moves have escalated since the 2020 presidential election, with Republicans characterizing them as necessary oversight while Democrats criticize them as power grabs that could interfere with voting. The concerns raised include fears of partisan manipulation and uncertainty surrounding election results. Read Article

National: A.I.’s Use in Elections Sets Off a Scramble for Guardrails | Tiffany Hsu and Steven Lee Myers/The New York Times

The use of artificial intelligence (AI) in political campaigns is on the rise, with candidates employing AI-generated content such as fake images, videos, and messages to shape public opinion and gain an edge. This emerging trend has raised concerns among political consultants, lawmakers, and election researchers, who argue that regulations are needed to address the potential spread of disinformation and manipulation. Existing defenses, such as social media rules and content detection services, have proven inadequate in curbing the proliferation of AI-generated campaign materials. While some politicians view AI as a cost-effective tool for instant responses and data analysis, experts warn that the technology’s ability to create convincing fake content can reinforce biases, deepen partisan divides, and undermine trust in the democratic process. Legislation requiring disclaimers for political ads featuring AI-generated content has been proposed in the United States, aiming to protect voters from deceptive campaigns. Read Article

Arizona: ‘It warrants a criminal investigation’: Prominent former prosecutor seeks probe of Cyber Ninjas | Robert Anglen/Arizona Republic

Doug Logan, CEO of Cyber Ninjas, is facing calls for a criminal investigation into his refusal to release text messages and other records related to the Arizona “audit” of the 2020 election. Former Maricopa County Attorney Rick Romley, a Republican, argues that Logan’s failure to obey court orders could constitute contempt and a violation of state law. Romley believes that potential criminal charges could include tampering with public records and fraudulent schemes. Logan’s withholding of communications raises suspicions of corruption and fraud surrounding the election review, which was criticized for its predetermined outcome and inability to complete the task. Logan has also been accused of eliminating messages and redacting thousands of texts without adequate explanation. Despite fines and court orders, Logan continues to fight against the release of records. Romley urges the Maricopa County Attorney’s Office and the Arizona Attorney General’s Office to initiate investigations into Logan’s actions, emphasizing the importance of protecting the public trust. Read Article

California: Amended California bill would ban hand counts in elections with more than 1,000 voters | David Benda/Redding Record Searchlight

Assembly Bill 969, an updated version of a state bill introduced in response to Shasta County’s decision to stop using Dominion voting machines, includes language that would ban manual counting of ballots in elections with over 1,000 registered voters. The bill, authored by Assemblywoman Gail Pellerin, is an emergency statute that would take effect immediately upon Governor Gavin Newsom’s signature. The bill aims to require a county board of supervisors to have a transition plan and replacement contract in place before terminating an existing voting system contract. The bill has faced opposition from the Shasta County Republican Central Committee, while the county has spent over $1.5 million on a hand-counting system that has yet to be finalized. The amended version of the bill is scheduled to be heard in the Senate’s Governance and Finance Committee. Read Article

Georgia: DOJ questions Secretary of State for Trump election probe | Tamar Hallerman/The Atlanta Journal-Constitution

Federal prosecutors have interviewed Georgia Secretary of State Brad Raffensperger as part of their examination of former President Donald Trump’s attempts to overturn the 2020 election. Details about the meeting are scarce, but it is known that Raffensperger gained national attention after his phone call with Trump, during which the former president asked him to “find” enough votes to overturn Joe Biden’s victory in Georgia. The Justice Department probe has expanded to investigate alleged alternate elector plots in swing states, including Georgia, aimed at favoring Trump. Trump’s lawyer Rudy Giuliani has also been interviewed by federal prosecutors in New York City. Read Article

Iowa: State loses court battle, enabling voters to again receive non-English voting materials | Clark Kauffman/Iowa Capital Dispatch

An Iowa judge has ruled in favor of allowing Iowa counties to offer non-English voting materials to the public. The ruling dissolved a 15-year-old injunction that prevented the provision of non-English ballots, voter-registration forms, and absentee ballot applications. The lawsuit, filed by the League of United Latin American Citizens of Iowa (LULAC), challenged the state’s application of the English Language Reaffirmation Act to election materials. The judge cited the Voting Rights Act and emphasized that language should not be a barrier to the constitutional right to vote. LULAC welcomed the ruling, highlighting that the issue had been ongoing for over a decade. Read Article

Michigan: Charging decision in voting machine case imminent, per court record | Clara Hendrickson/Detroit Free Press

A special prosecutor in Michigan has sought a court interpretation of state election law regarding allegations of voting machine breaches by supporters of former President Donald Trump. The investigation involves accusations against individuals such as former GOP attorney general candidate Matt DePerno, lawyer Stefanie Lambert Junttila, and former state Representative Daire Rendon. The court’s forthcoming interpretation will likely inform potential criminal charges, and a charging decision is expected once the court delivers its ruling. The request for interpretation was made by Muskegon County Prosecutor DJ Hilson, who aims to clarify the legal possession of voting machine tabulators. The matter arose after Junttila’s attorney contested Hilson’s interpretation of the law. Read Article

New Hampshire Lawmaker Derails Election Portal Bill | Rick Green/The Keene Sentinel

Republican state representative Steven Smith’s opposition resulted in the failure of a bill in New Hampshire that aimed to establish an online election information portal for voter registration and absentee ballot requests. Smith objected to a provision lacking sufficient legislative oversight of federal funds, leading to unanimous support not being achieved in the Committee of Conference. The bill will now be postponed until the next legislative session. Secretary of State David Scanlan supported the compromise proposal and emphasized that federal fund usage would still be governed by existing regulations. Smith expressed concerns about the portal’s security and suggested the creation of a commission for oversight. Read Article

Pennsylvania mail ballot rejections will particularly affect Democrats, older voters, and Black and Latino voters in 2024 | Leo Cassel-Siskind/Philadelphia Inquirer

Tens of thousands of Pennsylvania ballots are at risk of being rejected in the upcoming presidential election, with a disproportionate impact on Democrats, older voters, and marginalized communities. Rejected votes often result from errors such as undated envelopes and late arrivals. Mail-in voting behaviors have revealed disparities, with older and wealthier voters having higher rates of mail voting but lower rejection rates. On the other hand, new mail voters, younger voters, and residents of lower-income and minority neighborhoods face higher rejection rates. Addressing these issues is crucial to ensure equitable access to the voting process for all citizens. Read Article

Texas fixes some obstacles to mail voting that dogged voters | Natalia Contreras/The Texas Tribune

Texas lawmakers have made changes to voting by mail in an effort to lower rejection rates of applications and ballots. The revisions come after thousands of applications were rejected due to stricter identification requirements implemented in 2021. The new changes aim to provide voters with more opportunities and time to correct errors, as well as easier access to the state’s online tracking tool. However, some voters are skeptical about the necessity of the previous restrictive rules and whether the current fixes are sufficient. The changes include notifying voters of errors in their mail-in applications or ballots and allowing earlier review of mail-in ballots by election workers. Read Article

Wisconsin elections fight takes a turn with Senate move to force vote on top administrator Meagan Wolfe | Molly Beck Jessie Opoien/Milwaukee Journal Sentinel

Wisconsin Republican state senators have passed a resolution to initiate confirmation hearings for Meagan Wolfe, the administrator of the Wisconsin Elections Commission, potentially leading to her removal from office. The surprise move comes after members of the bipartisan state elections commission were deadlocked on reappointing Wolfe, and Democrats abstained from voting to prevent her from undergoing a Senate confirmation process. The maneuver by Republican senators allows them to take up Wolfe’s nomination and send it to the Senate’s elections committee, even though she has not been officially nominated for a new term. Read Article

Wisconsin’s top elections official for 2024 uncertain as incumbent’s term nears end | Harm Venhuizen/Associated Press

The oversight of Wisconsin’s 2024 presidential election remains uncertain as the term of the state’s top nonpartisan elections official, Meagan Wolfe, comes to an end. Republicans, who control the state Legislature, have clashed with Wolfe over conspiracy theories and may have an opportunity to remove her from office and appoint their own candidate. However, a recent state Supreme Court ruling suggests that Wolfe could potentially circumvent the Republicans and stay in office. The situation in Wisconsin is unfolding against the backdrop of a highly contested battleground state, with both parties vying for an advantage. The departure of election officials across the country due to the challenges and threats they faced during the 2020 election cycle has further complicated the situation. Read Article