National: Senators Look to Fix 1887 Electoral Act Putting U.S. Democracy at Risk | Blake Hounshell and Leah Askarinam/The New York Times

The Electoral Count Act is both a legal monstrosity and a fascinating puzzle. Intended to settle disputes about how America chooses its presidents, the 135-year-old law has arguably done the opposite. Last year, its poorly written and ambiguous text tempted Donald Trump into trying to overturn Joe Biden’s victory, using a fringe legal theory that his own vice president rejected. Scholars say the law remains a ticking time bomb. And with Trump on their minds, members of Congress in both parties now agree that fixing it before the 2024 election is a matter of national urgency. “If people don’t trust elections as a fair way to transition power, then what are you left with?” said Senator Angus King, an independent from Maine who has been leading the reform efforts. “I would argue that Jan. 6 is a harbinger.”

Full Article: Senators Look to Fix 1887 Electoral Act Putting U.S. Democracy at Risk – The New York Times

National: State election officials survived Trump’s attacks. Will they survive the ballot box? | Arit John/Los Angeles Times

Michigan Secretary of State Jocelyn Benson and her 4-year-old son were settling in to watch “How the Grinch Stole Christmas” after putting up Christmas decorations when dozens of protesters descended on her home in December 2020 chanting “Stop the Steal” and “We want an audit.” Benson had been on the radar of President Trump and his allies since the spring, when he railed against her decision to send absentee ballot applications to all Michigan voters, calling her a “rogue Secretary.” But the late-night protest, marked by what she described at the time as “armed individuals shouting obscenities,” solidified her role as a central figure in the fight over control of American elections. The stakes have increased heading into the 2022 midterm elections. Democratic groups, donors and incumbents like Benson have raised record amounts to secure seats in battleground states, while Trump loyalists are running on his unfounded election fraud claims, challenging Democrats and Republicans like Georgia’s Brad Raffensperger in their bids to administer elections and sign off on the results. “Secretaries of state are, in the battle over the future of our democracy, serving on the front lines,” said Benson, who is expected to soon announce her reelection plans, in an interview with The Times. “[C]learly the work that we did to successfully defend democracy in 2020 has placed us in a greater spotlight.”

Full Article: Secretaries of states are front and center in 2022 midterms – Los Angeles Times

National: State Legislators Ramp Up Push for Election Control | Carl Smith/Governing

According to a January 2022 NPR/Ipsos poll, seven in 10 Americans believe that the U.S. is in crisis, even at risk of failing. Unproven claims that fraud tainted the 2020 election, still being repeated even by government officials, are a driving force behind these fears. State legislators from both parties have aggressively pushed election reform, introducing a record number of bills relating to matters including registration, voting by mail, voter ID and drop boxes. Moving beyond this, some Republican lawmakers have introduced bills that could give legislatures more power to decide election outcomes. “We see legislation and legislative reaction after every big election,” says Tammy Patrick, senior adviser to the elections program at Democracy Fund. “But the process is morphing in a way because it’s taking on additional topics that are greatly gaining traction that they never would’ve gotten in the past.” One of the bills that has attracted the most attention, Arizona HB 2596, would give the Legislature power to accept or reject election results. In the event of a rejection, “any qualified elector” would be able to file an action in a superior court to request a new election.

Full Article: State Legislators Ramp Up Push for Election Control

National: Right-wing conspiracy theories target tool that fights actual voter fraud | Miles Parks/NPR

If Republicans over the past few years have made one thing clear, it’s that they really care about voter fraud. Sometimes they call it “election irregularities” or “shenanigans,” but the issue has become a calling card for a party whose voters by and large falsely think elections in the U.S. are tainted. Which is what makes a currently blossoming election conspiracy so strange: The far right is now running a disinformation campaign against one of the best tools that states have to detect and prevent voter fraud. And experts worry voting policy is already starting to suffer as a result. The tool is a shared database called the Electronic Registration Information Center, or ERIC for short. It allows states to securely share voter registration data across state lines and with a number of other government agencies, like the Social Security Administration and departments of motor vehicles. That data-sharing allows participating states to expand ballot access by giving officials information that helps them reach out to eligible voters who have moved into the jurisdiction but have not yet registered to vote. But it also increases election security by notifying those same officials when a registered voter moves away or dies, allowing states to maintain more accurate voter rolls. “When you move away from a state, you don’t call your old state and say, ‘Please take me off the voter lists,’ ” said David Becker, an elections expert and former Justice Department attorney who led the development of ERIC while working at the Pew Charitable Trusts. “So to get really strong data that someone moved to another state — got a driver’s license there or maybe registered to vote — that’s really powerful information that allows states to keep their data up to date.”

Full Article: Right-wing conspiracy theories target tool that fights actual voter fraud : NPR

National: G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’ | Jonathan Weisman and Reid J. Epstein/The New York Times

The Republican Party on Friday officially declared the Jan. 6, 2021, attack on the Capitol and events that led to it “legitimate political discourse,” and rebuked two lawmakers in the party who have been most outspoken in condemning the deadly riot and the role of Donald J. Trump in spreading the election lies that fueled it. The Republican National Committee’s voice vote to censure Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois at its winter meeting in Salt Lake City culminated more than a year of vacillation, which started with party leaders condemning the Capitol attack and Mr. Trump’s conduct, then shifted to downplaying and denying it. On Friday, the party went further in a resolution slamming Ms. Cheney and Mr. Kinzinger for taking part in the House investigation of the assault, saying they were participating in “persecution of ordinary citizens engaged in legitimate political discourse.” After the vote, party leaders rushed to clarify that language, saying it was never meant to apply to rioters who violently stormed the Capitol in Mr. Trump’s name. “Liz Cheney and Adam Kinzinger crossed a line,” Ronna McDaniel, the Republican National Committee chairwoman, said in a statement. “They chose to join Nancy Pelosi in a Democrat-led persecution of ordinary citizens who engaged in legitimate political discourse that had nothing to do with violence at the Capitol.”

Full Article: G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’ – The New York Times

Editorial: How Liz Cheney could force voters to defend our foundational principles | Barney Frank/The Washington Post

Rep. Liz Cheney (R-Wyo.) and the Democratic leadership have already done American democracy a major service by their mutually respectful cooperation in investigating the Jan. 6, 2021, insurrection. Their demonstration that political leaders can jointly defend foundational principles while differing sharply on other issues is invaluable. It could also be the basis for a great opportunity for American voters: the chance to express their support for the integrity of the democratic process regardless of their views on any other questions. This can be accomplished with a two-step process. First, Cheney runs for reelection, not in the primary to become the official Republican nominee but as a principled independent in the general election who retains her personal Republican allegiance. Second, Wyoming Democrats do not support a candidate to oppose her. The result would be a November contest in which all citizens of Wyoming could choose between two candidates who are aligned on the broad range of public policy issues and differ largely on the question of Donald Trump’s assault on the electoral process. Cheney can make clear that if elected, she will not vote for a Democratic speaker or change her position on any substantive questions. This will make it possible for other Republican leaders who share her principled commitment to campaign for her even though she is not the official nominee.

Full Article: Opinion | How Liz Cheney could force voters to defend our foundational principles – The Washington Post

Arizona Senate Republicans push bills to combat ‘voter fraud’ | Michael McDaniel/Courthouse News Service

An Arizona Senate committee voted Thursday to advance election reform bills that would prohibit the use of drop boxes and add a precinct tallying requirement prior to county tallying. Senator Wendy Rogers, a Republican from Flagstaff, presented Senate Bills 1058 and 1343 to the Senate Government Committee. “I’m Senator Rogers, I’m the sponsor of this bill,” Rogers said of Senate Bill 1058. “This is basically no more drop boxes. Over.” The former Air Force pilot’s comments were met with applause and laughter from the majority-conservative gallery. The chairwoman reminded the crowd that they must observe decorum in the reading or be excused from the proceedings. The committee took comments from the public, with few dissenters of the bills. One dissenter felt the bills could sway voter engagement. “I’m concerned about this and the other bills regulating voting because new restrictions on voting will have the effect of disenfranchising voters who may feel they can’t meet the challenges, and for no valid reason,” said Judith Simon, who has worked as a teacher for 33 years. “I’m thinking of voters in rural and tribal areas, [and] disabled and elderly voters, who may not read all the particular legal details and just hear, ‘Oh, we can’t use drop boxes at all anymore.’”

Full Article: Arizona Senate Republicans push bills to combat ‘voter fraud’ | Courthouse News Service

Georgia: Investigation undercuts claim that 1,000 people voted twice | Mark Niesse/The Atlanta Journal-Constitution

After the hectic 2020 Georgia primary, Secretary of State Brad Raffensperger made a bombshell allegation from the steps of Liberty Plaza outside the Georgia Capitol that 1,000 people potentially voted twice. A year and a half later, an investigation by his own office has found less double voting than he had suspected. Most of Raffensperger’s allegation couldn’t be proved, the latest claim of voting fraud surrounding the 2020 election that fell short under scrutiny. Unlike former President Donald Trump’s false claims about his election being stolen, investigators validated some of Raffensperger’s assertions of double voting. The secretary of state’s office disclosed preliminary findings of its double voting investigation in response to requests by The Atlanta Journal-Constitution. The investigation so far indicates about 300 voters cast two ballots in the June 2020 primary and August 2020 primary runoff, almost always because of mistakes by confused voters and poll workers. The number of double voters could rise because about 100 cases remain under investigation.

Full Article: Investigation undercuts claim that 1,000 people voted twice in Georgia

Idaho Senate committee approves post-election audits bill | Kelcie Moseley-Morris/Idaho Capital Sun

The Senate State Affairs Committee advanced two bills Wednesday morning related to the Idaho Secretary of State’s office, including a new law that would require post-election audits of a random selection of counties after a general or primary election. Senate Bill 1274 was introduced to the committee by Deputy Secretary of State Jason Hancock, who said the audits would increase public confidence in election results, and it’s a practice that many states have already implemented. “We take election integrity very seriously at the Secretary of State’s office, we take allegations of election insecurity very seriously, and … we have a lot of people right now who think we have problems with our election system,” Hancock said. Following the presidential election in 2020, former President Donald Trump and his supporters have alleged voter fraud and other conspiracies they say led to President Joe Biden’s electoral victory. Ten Idaho legislators signed a letter in October calling for a 50-state audit of the election results. Election results have been audited in several states, including Idaho, and no fraud has been found. Under the new bill, the audits would be open to attendance by media personnel, candidates and representatives from political parties. The exact procedures for the audits would be developed with county clerks, according to the bill text.

Full Article: Idaho Senate committee approves post-election audits bill – Idaho Capital Sun

Michigan Secretary of State asks for probe into voting machine access in Roscommon County | Craig Mauger/The Detroit News

Secretary of State Jocelyn Benson is asking the Attorney General’s office and the Michigan State Police to investigate reports that an “unnamed third party” was granted access to voting technology in Roscommon County. Benson, the state’s top election official, announced the request in a statement Thursday. She also sent a letter to clerks across the state, saying Michigan law is “clear that unauthorized third parties may not have access to election technology and data.” “Our office has recently received multiple credible allegations of instances in which an unauthorized third party has been granted access to vote tabulation machines in violation of Michigan law,” Benson’s letter began. At least one third party allegedly gained inappropriate access to tabulation machines and data drives used in Richfield Township and Roscommon County, according to the Secretary of State’s office. Such access could require the equipment to be replaced at taxpayer expense, the office said. Roscommon County Clerk Michelle Stevenson and Richfield Township Clerk Greg Watt didn’t respond Thursday evening to requests for comment. Richfield Township Supervisor John Bawol said he didn’t know what Benson’s statement was referring to. Contracts with voting system vendors and state law restrict access to voting equipment to qualified personnel, the secretary of state’s statement said.

Full Article: Benson asks for probe into voting machine access in Roscommon County

Michigan: Unplugging voting machines is illegal. Clerks say GOP candidate is promoting election crime. | Malachi Barrett/MLive.com

Unplugging a voting machine is unlikely to do anything more than land you in jail. At a Jan. 26 event in Macomb County, Republican gubernatorial candidate Ryan Kelley encouraged poll workers to unplug election equipment if they suspect something suspicious is occurring. Kelley gave the same advice to a group in Livingston County three days later, urging the crowd to unplug voting machines “if you see something you don’t like happening.” Interfering with a voting device is illegal. It’s also not likely to have any impact on election results. Voting tabulators have backup batteries that can provide power for hours in case of electrical outages. Paper ballots are later tabulated by local canvassing boards anyway, so shutting down machines used to automate the process on election day wouldn’t affect results. “It’s just unfortunate that people who are aspiring to be public servants are encouraging that kind of stuff,” said Macomb County Clerk Anthony Forlini. “We all want to uphold the law, we all want to be stewards of society as a whole and do the right thing. Maybe these people are thinking that is the right thing, but it’s not.”

Full Article: Unplugging voting machines is illegal. Clerks say GOP candidate is promoting election crime. – mlive.com

Michigan: Giuliani asked prosecutor to give voting machines to Trump team | Jon Swaine, Emma Brown and Jacqueline Alemany/The Washington Post

In the weeks after the 2020 election, Rudolph W. Giuliani and other legal advisers to President Donald Trump asked a Republican prosecutor in northern Michigan to get his county’s voting machines and pass them to Trump’s team, the prosecutor told The Washington Post. Antrim County prosecutor James Rossiter said in an interview that Giuliani and several colleagues made the request during a telephone call after the county initially misreported its election results. The inaccurate tallies meant that Joe Biden appeared to have beaten Trump by 3,000 votes in a Republican stronghold, an error that soon placed Antrim at the center of false claims by Trump that the election had been stolen. Rossiter said he declined. “I said, ‘I can’t just say: give them here.’ We don’t have that magical power to just demand things as prosecutors. You need probable cause.” Even if he had had sufficient grounds to take the machines as evidence, Rossiter said, he could not have released them to outsiders or a party with an interest in the matter. Legal scholars said it was unusual and inappropriate for a president’s representatives to make such a request of a local prosecutor. “I never expected in my life I’d get a call like this,” Rossiter said. Giuliani declined to comment in response to questions from The Post, his attorney said. Giuliani’s team called Rossiter around Nov. 20, 2020, Rossiter said, as it worked to overturn Trump’s defeat to Biden. The direct appeal to a local law enforcement official was part of a broader effort by Trump’s allies to access voting machines in an attempt to prove that the election had been stolen. That effort extended to a recently disclosed draft executive order for Trump’s signature to have National Guard troops seize machines across the nation.

Full Article: Giuliani asked Michigan prosecutor to give voting machines to Trump team – The Washington Post

Nevada lawmakers approve another $2.2 million to improve mostly mail elections | Riley Snyder/The Nevada Independent

Nevada legislators have approved spending another $2.2 million to facilitate Nevada’s switch to a largely vote-by-mail state ahead of the 2022 election, pushing the total cost north of $14 million. The funding request, passed unanimously by members of the Interim Finance Committee on Wednesday, comes from the secretary of state’s office and was described by Deputy Secretary of State for Elections Mark Wlaschin as the list of necessities to successfully implement new mail voting requirements for the 2022 election. “There were certainly some nice-to-haves that we had discussed that may come further on down the line, but this request, specifically, [are] the essentials for the 2022 election cycle based on input from all 17 of the counties,” he said during the meeting. The additional funding comes on top of $12.2 million already allocated by lawmakers last year as part of AB321, the bill implementing the move to permanent, expanded mail voting. Under the law, which was opposed by all legislative Republicans, every active registered voter will be sent a mail ballot before a primary or general election. Inactive voters, who are legally registered to vote but don’t have a current address on file with election officials, will not be sent a mail ballot.

Full Article: Lawmakers approve another $2.2 million to improve mostly mail elections – The Nevada Independent

Tennessee: Legal experts baffled by sentencing of woman for registering to vote | Associated Press

Some legal experts view as excessive and baffling the six-year prison sentence given to a Tennessee activist convicted of illegally registering to vote while on probation. Pamela Moses was convicted in November and sentenced to six years and a day on Jan. 31 by Shelby County Criminal Court Judge W. Mark Ward. The judge told Moses that he would consider placing her on probation after nine months if she completes certain prison programs and maintains good behavior, the district attorney’s office in Memphis said in a news release. Moses, who is Black, was convicted of multiple felonies and placed on probation in 2015, but she thought she was eligible to vote and tried to register in 2019. Some legal experts say the sentence illustrates the depth of the challenges faced by convicted felons when they try to have their voting rights restored and pointing out racial factors involved in the case. David Becker, a former attorney in the voting section of the U.S. Department of Justice’s Civil Rights Division, said there is a movement among both conservatives and liberals to change “punitive and restrictive laws” that effectively disenfranchise people who have committed felonies but are not incarcerated and seek to return to society by exercising their right to vote. Many states are moving toward extending voter eligibility to such people, he said.

Full Article: Legal experts baffled by sentence for registering to vote | AP News

Texas: Hundreds of mail-in ballots are being returned to voters because they don’t comply with new voting law | Alexa Ura/The Texas Tribune

Stricter voting rules enacted by Republican lawmakers last year continue to foil Texans trying to vote by mail in the upcoming primary, with hundreds of completed ballots being initially rejected for not meeting the state’s new identification requirements. The bulk of mail-in ballots have yet to arrive at elections offices, but local officials are already reporting that a significant number are coming in without the newly required ID information. As of Wednesday, election officials in Harris County alone had flagged 1,360 mail-in ballots to be sent back to voters — 40% of the mail-in ballots returned up to that point — because they lacked an ID number. Under the state’s new rules, officials cannot accept ballots without the ID information on the return envelopes containing the ballot and must mail them back if there’s enough time for the voter to send back a corrected envelope. “We’ll see how many we get back,” said Isabel Longoria, the Harris County elections administrator. “That’s our big question mark right now: Are voters going to go through the extra step to correct it?” The new ID requirements are the earliest rule changes to kick in under the law that Republican lawmakers enacted last year to further tighten voting procedures in the state. The law, known as SB 1, ratchets up the state’s already strict rules for voting by mail by requiring absentee voters to include a state identification number like a driver’s license number, or — if they don’t have a driver’s license — a partial Social Security number, both when requesting a mail-in ballot and when returning a completed ballot. Those numbers must match information in a voter’s record for ballot requests to be accepted and votes to be counted.

Full Article: New Texas voting rules cause rejection of hundreds of mail-in ballots | The Texas Tribune

Virginia elections commissioner, who Youngkin is replacing, announces departure | Graham Moomaw/Virginia Mercury

Virginia elections Commissioner Chris Piper is leaving his post March 11 after Gov. Glenn Youngkin’s administration formally told him he won’t be reappointed to the job, according to an internal email Piper sent his agency Friday. Piper, an appointee of former Gov. Ralph Northam, said in the email he had agreed to stay on a few more weeks to “ensure a smooth transition.” “I am disappointed because I would like nothing more than to spend the next four years in this chair working hand in hand with each of you as we labor to restore the nation’s faith in our election process,” Piper said in an email to employees of the state Department of Elections. “However, I am comforted by the fact that I will be leaving this place in your hands.” Youngkin has not yet named a replacement for Piper. But Piper’s email notes Rachel Lawless, currently a confidential policy adviser in the department, “has been reappointed to her role and will continue to serve.” “My promise to each of you is that I will do everything in my power to make sure you are set up for nothing but success,” Piper said. “My loyalty has always been to you, the State Board, the general registrars, Electoral Board members, thousands of election officers, voters, and future voters of the commonwealth.”

 

Full Article: Virginia elections commissioner, who Youngkin is replacing, announces departure – Virginia Mercury

Wisconsin Is Ground Zero for the MAGA Effort to Steal the Next Election | Andy Kroll/Rolling Stone

At 5:01 p.m. on Thursday, Dec. 2, Tim Ramthun was sitting in his living room with the TV on when his cellphone rang. He turned to his wife of four decades, Carolann. “Oh, the president’s calling,” he told her. She scoffed. “Hello, Mr. President,” Ramthun said to the caller. “This is Representative Ramthun. May I help you?” Carolann still didn’t believe him, until she heard the voice on the other end and almost fell out of her chair. She started recording a video of her husband, a junior member of the Wisconsin state Assembly, receiving praise from the 45th president of the United States. Ramthun wasn’t surprised by Donald Trump’s call. A few weeks earlier, Trump had left a message on his work phone at the state Capitol at 6:30 in the morning. Trump had wanted to thank Ramthun for his continued efforts to overturn the 2020 election results, something Trump proceeded to do later that day in a written statement praising Ramthun for “putting forward a very powerful and very popular, because it’s true, resolution to decertify the 2020 Presidential Election in Wisconsin based on the recently found absolute proof of large scale voter fraud that took place.”

Full Article: The MAGA Laboratory for Autocracy – Rolling Stone

States seek to protect election workers amid growing threats | Lisa Rathke and Christina A. Cassidy/Associated Press

Lawmakers in a handful of states are seeking greater protections for election officials amid growing concerns for their safety after they were targeted by threats of violence following the 2020 presidential election. Widespread threats against those who oversee elections, from secretaries of state to county clerks and even poll workers, soared after former President Donald Trump and his allies spread false claims about the outcome of the presidential election. “Corrupt secretaries will all hang when the stolen election is revealed” is just one example of the vitriol that has come from social media, emails and phone messages. Even in Vermont, where the outcome wasn’t disputed, election workers have faced threats. A caller to the secretary of state’s office said in 2020 that a firing squad would target “all you cheating (vulgarity),” and “a lot of people are going to get executed.” To counter the threats, lawmakers have introduced bills so far in Vermont and several other states, including Illinois, Maine, New Mexico and Washington, all of which have legislatures controlled by Democrats. Much of the legislation would create or boost criminal liability for threats and, in Illinois, for assaults against election workers.

Full Article: States seek to protect election workers amid growing threats | AP News

Michigan: ‘Show up armed’ to protect election observers, State Senate candidate suggests | Craig Mauger/The Detroit News

Republican Mike Detmer, a candidate for the Michigan state Senate, told a crowd Saturday that people should “show up armed” to protect Republican election observers’ access to monitor the counting of ballots. In response Monday evening, Michigan’s top election official, Secretary of State Jocelyn Benson, said she had referred Detmer’s comments and additional remarks from Republican gubernatorial candidate Ryan Kelley to Attorney General Dana Nessel. In a statement, Benson said voter intimidation by brandishing a firearm at a polling place is illegal. Detmer made the comment at an event in Livingston County, according to a video posted by Kelley’s gubernatorial campaign. A person in the crowd had asked the two candidates what can be done to “protect people” to prevent what happened at the TCF Center, where Detroit’s absentee ballots were counted after the November 2020 presidential election. The unidentified individual suggested Republican observers had been “pushed” out of the room and police “manhandled” people. Election officials have said they allowed the maximum number of poll watchers, only restricting access to any additional observers because of COVID-19 concerns.

Full Article: ‘Show up armed’ to protect election observers, Michigan candidate suggests

National: Trump Calls for Massive Protests If He is Arrested, Calls (Black) Prosecutors Investigating Him “Racist,” and Suggests He Would Pardon Jan. 6 Rioters If Elected in 2024 | David Goodman and Emily Cochrane/The New York Times

Donald J. Trump said on Saturday that if elected to a new term as president, he would consider pardoning those prosecuted for attacking the United States Capitol on Jan. 6 last year. He also called on his supporters to mount large protests in Atlanta and New York if prosecutors in those cities, who are investigating him and his businesses, took action against him. The promise to consider pardons is the furthest Mr. Trump has gone in expressing support for the Jan. 6 defendants. “If I run and I win, we will treat those people from Jan. 6 fairly,” he said, addressing a crowd at a fairground in Conroe, outside Houston, that appeared to number in the tens of thousands. “We will treat them fairly,” he repeated. “And if it requires pardons, we will give them pardons, because they are being treated so unfairly.” At least 700 people have been arrested in connection with the Jan. 6 riot, including 11 who have been charged with seditious conspiracy. Some have said they believed they were doing Mr. Trump’s bidding. As president, Mr. Trump pardoned a number of his supporters and former aides, including Michael T. Flynn, his first national security adviser, who twice pleaded guilty to lying to the F.B.I., and Stephen K. Bannon, his former campaign strategist and White House adviser, who was charged with defrauding donors to a privately funded effort to build a wall along the Mexican border.

 

Full Article: Trump Says He Would Consider Pardons for Jan. 6 Defendants if Elected – The New York Times

National: Trump Had Role in Weighing Proposals to Seize Voting Machines | Alan Feuer, Maggie Haberman, Michael S. Schmidt and Luke Broadwater/The New York Times

Six weeks after Election Day, with his hold on power slipping, President Donald J. Trump directed his lawyer, Rudolph W. Giuliani, to make a remarkable call. Mr. Trump wanted him to ask the Department of Homeland Security if it could legally take control of voting machines in key swing states, three people familiar with the matter said. Mr. Giuliani did so, calling the department’s acting deputy secretary, who said he lacked the authority to audit or impound the machines. Mr. Trump pressed Mr. Giuliani to make that inquiry after rejecting a separate effort by his outside advisers to have the Pentagon take control of the machines. And the outreach to the Department of Homeland Security came not long after Mr. Trump, in an Oval Office meeting with Attorney General William P. Barr, raised the possibility of whether the Justice Department could seize the machines, a previously undisclosed suggestion that Mr. Barr immediately shot down. The new accounts show that Mr. Trump was more directly involved than previously known in exploring proposals to use his national security agencies to seize voting machines as he grasped unsuccessfully for evidence of fraud that would help him reverse his defeat in the 2020 election, according to people familiar with the episodes. The existence of proposals to use at least three federal departments to assist Mr. Trump’s attempt to stay in power has been publicly known. The proposals involving the Defense Department and the Department of Homeland Security were codified by advisers in the form of draft executive orders.

Full Article: Trump Had Role in Weighing Proposals to Seize Voting Machines – The New York Times

National: Memo circulated among Donald Trump allies advocated using NSA data in attempt to prove stolen election | Josh Dawsey, Rosalind S. Helderman, Emma Brown, Jon Swaine and Jacqueline Alemany/The Washington Post

The memo used the banal language of government bureaucracy, but the proposal it advocated was extreme: President Donald Trump should invoke the extraordinary powers of the National Security Agency and Defense Department to sift through raw electronic communications in an attempt to show that foreign powers had intervened in the 2020 election to help Joe Biden win. Proof of foreign interference would “support next steps to defend the Constitution in a manner superior to current civilian-only judicial remedies,” argued the Dec. 18, 2020, memo, which was circulated among Trump allies. The document, a copy of which was obtained by The Washington Post, laid out a plan for the president to appoint three men to lead this effort. One was a lawyer attached to a military intelligence unit; another was a veteran of the military who had been let go from his National Security Council job after claiming that Trump was under attack by deep-state forces including “globalists” and “Islamists.”

Full Article: Memo circulated among Donald Trump allies advocated using NSA data in attempt to prove stolen election – The Washington Post

National: Rejected Mail Ballots Are Showing Racial Disparities | Mike Baker/The New York Times

Among the thousands of mail-in ballots that were rejected in Washington State during the 2020 election, auditors have found that the votes of Black residents were thrown out four times as often as those of white voters. The rejections, all of them because of problematic signatures, disqualified one out of every 40 mail-in votes from Black people — a finding that already is causing concern amid the national debate over voter access and secure balloting. Washington, a state with broad experience in mail-in balloting, found that rejection rates were also elevated for Native American, Hispanic, and Asian and Pacific Islander voters. State officials said there were no signs that ballots cast by Black or other minority voters were knowingly singled out by poll workers, or that any of the ballots were deliberately falsified; the rejections were a result of signatures that were missing or did not match those on file, a possible result, the officials said, of voter inexperience, language problems or other factors. “It’s not acceptable, quite frankly,” said State Auditor Pat McCarthy, a Democrat, whose office conducted the audit. She urged election officials to take steps to address the disparities. The findings in Washington State mirror mail-ballot research that has been conducted in other states in recent years, including Georgia and Florida. But they are crucial in a state like Washington, which in 2011 became the second state to adopt all-mail balloting, behind Oregon. Mail-in voting has been an option for all statewide elections since 1991.

Full Article: Rejected Mail Ballots Are Showing Racial Disparities – The New York Times

National: Trump followers zero in on secretary of state campaigns | Zach Montellaro/Politico

Donald Trump’s pick to become Arizona’s top elections official raised more campaign cash in 2021 than his two potential Democratic opponents combined — a sign of MAGA-world’s deep engagement in taking over under-the-radar positions in charge of running battleground state elections. State Rep. Mark Finchem, whom Trump endorsed for Arizona secretary of state in September of last year, has made the former president’s lies about the 2020 election results a cornerstone of his campaign. Finchem has said repeatedly, and without providing legitimate evidence, that the election was tainted by fraud, and he was a major backer of the GOP-led review of the vote in Maricopa County, which election experts and the county’s own Republican officials trashed as an unprofessional fishing expedition. Drafting off Trump’s endorsement, Finchem brought in more than $660,000 for his campaign in 2021, according to new campaign finance reports. That’s more than the combined fundraising totals of the two leading Democrats, former Maricopa County Recorder Adrian Fontes and state House Minority Leader Reginald Bolding, who respectively raised about $385,000 and $200,000 for the year. Another Republican with business ties actually raised even more than Finchem. But the financial haul from Trump’s pick, which included thousands of donations under $100 that poured in from around the country, points to a broader trend across the states.

Full Article: Trump followers zero in on secretary of state campaigns – POLITICO

Editorial: The sloppy, patchwork, spaghetti-at-the-wall effort to steal the presidency | Philip Bump/The Washington Post

It’s worth beginning with the observation that it was all so obvious. President Donald Trump’s effort to secure a second term in office regardless of the will of the electorate was so ham-handed and clumsy that it was like watching a little kid do a magic trick: You knew what was coming and how it would work and you just had to let it play out. Although of course, this particular magic trick ends with the kid’s friend furiously trying to burn your house down. As we continue to learn details of how Trump scrambled to block Joe Biden’s victory in the weeks after the 2020 election — like the report Monday evening that Trump considered various options for seizing voting machines — it is useful to fit what we know into an overarching framework. No part of the scheming by Trump and his allies is disconnected from the rest; each intertwines into an ad hoc, three-pronged ploy. He tried to prove fraud. He tried to get elections officials to act as if there had been fraud. And then he just tried to steal the election.

Full Article: The sloppy, patchwork, spaghetti-at-the-wall effort to steal the presidency – The Washington Post

Arizona bill would allow legislature to overturn election results | Reid Wilson/The Hill

An arch conservative member of Arizona’s state House of Representatives has proposed a mammoth overhaul of the state’s voting procedures that would allow legislators to overturn the results of a primary or general election after months of unfounded allegations and partisan audits. The bill, introduced by state Rep. John Fillmore (R), would substantially change the way Arizonans vote by eliminating most early and absentee voting and requiring people to vote in their home precincts, rather than at vote centers set up around the state. Most dramatically, Fillmore’s bill would require the legislature to hold a special session after an election to review election processes and results, and to “accept or reject the election results.” The proposal comes after President Biden became the first Democrat since former President Clinton to win Arizona’s electoral votes. He defeated former President Trump there by just under 11,000 votes, or about three-tenths of a percentage point

Full Article: Arizona bill would allow legislature to overturn election results | TheHill

Full Article: Arizona bill would allow legislature to overturn election results | TheHill

Arizona: Cyber Ninjas CEO Logan not ready to turn over audit records | Ryan Randazzo/Arizona Republic

Cyber Ninjas CEO Doug Logan says he will not turn over records from the review of Maricopa County’s 2020 election until he has a “clear” ruling he can appeal to the highest court. Logan answered questions during a contentious deposition with attorneys for The Arizona Republic and American Oversight. The news organization and the left-leaning nonprofit have battled in court for months for the release of texts, emails and other documents related to the ballot recount and related investigations of the 2020 election ordered by Republicans in the Arizona Senate. “He started off very complacent and happy to answer questions, but as it went on he became more combative,” said Craig Hoffman, The Republic’s attorney, who questioned Logan during the more than four-hour deposition. “He was clearly frustrated by the end of it.” Maricopa County Superior Court Judge John Hannah on Jan. 6 found Cyber Ninjas in contempt of an order to turn over the records and imposed a $50,000 a day fine against the company for not producing the records. Since then, The Republic’s lawsuit was consolidated with American Oversight’s, which is why the lawyers for both parties got to question Logan on Thursday. Logan said Hannah’s November order to the company to turn over records was the result of a “biased judge,” according to Hoffman. Logan went on “long soliloquies” during the deposition on how he did not believe his company was obligated to turn over records because they should not be public, Hoffman said.

Full Article: Cyber Ninjas CEO Logan not ready to turn over Arizona audit records

Colorado: Douglas County clerk questioned by state about allegedly copying election equipment hard drives | Bente Birkeland/Colorado Public Radio

Colorado’s Democratic secretary of state Jena Griswold is requesting more information about a potential election security breach by Douglas County’s Republican clerk and recorder Merlin Klotz. This makes Klotz the third GOP election official in Colorado under investigation for their alleged handling of sensitive election technology. Griswold said her office became aware of a social media post from last October in which Klotz wrote, “we, as always, took a full image backup of our server before a trusted build was done this year.”  The trusted build is a regular process every county goes through after an election, in which the makers of its election equipment update the operating system. Douglas is one of two counties in the state whose equipment is supplied by a company called Clear Ballot. The rest of Colorado uses technology from Dominion Voting Systems, based in Denver. A false election conspiracy circulated by supporters of former president Trump claims that Dominion used their machines to subvert the 2020 election, and then hid the evidence during the routine software update. Klotz’s social media post did not suggest that he believes Clear Ballot was involved in election fraud but has concerns about Dominion’s trusted builds.

Full Article: Douglas County clerk questioned by state about allegedly copying election equipment hard drives | Colorado Public Radio

Georgia debates if voting machines too vulnerable to hacking? | Joseph Marks/The Washington Post

There’s a long-running and complicated fight over how much security is necessary to protect elections against hacking. A brewing controversy in Georgia illustrates this perfectly. A judge may soon release a sealed report which was prepared as part of a years-long lawsuit over the security of Georgia’s voting machines. Its author, Alex Halderman, was given rare access to dig through the machines and look for ways to hack them. He said in a declaration filed in the case that he found multiple vulnerabilities that could allow hackers to install malicious software and undermine elections. Halderman, who runs the University of Michigan’s Center for Computer Security and Society, is an expert for the plaintiffs in the case, a group of Georgia voters who want the state to replace its touch-screen voting machines that produce paper records with hand-marked paper ballots that they say are far more secure. Georgia election officials see things differently. Secretary of State Brad Raffensperger (R) says Halderman’s claims are overblown and that the bugs he found couldn’t reasonably be exploited in an actual election. He compared Halderman’s findings — discovered over 12 weeks of probing the machines — to “having the keys and alarm codes to a home then claiming he found a way to break in.” The report, which could be made public as early as this week, could shed new light on a battle between security advocates and election officials that burst into public view after the 2016 contest was marred by Russian interference. Russian hackers penetrated voter rolls in at least two states during that contest, but there’s no evidence they changed any votes. 

Full Article: Are voting machines too vulnerable to hacking? Georgia’s having that debate – The Washington Post

Minnesota Secretary of State rejects Crow Wing County request for 2020 election audit | Deena Winter/Minnesota Reformer

Minnesota’s secretary of state has flatly denied a request by the Crow Wing County Board for an audit of the 2020 election in that county, where activists have been dogging officials for months to look into unspecified claims of fraud. Convinced there was fraud to be found — and egged on by people like former President Donald Trump, MyPillow CEO Mike Lindell and a cadre of right-wingers — a group of activists lobbied the central Minnesota county board for months to do more examinations of the election in the county, which Trump won by 30 points. After the county attorney said the board had no legal authority to audit the election, four of the five county board members passed a resolution on Jan. 4 asking the secretary of state’s office to “undertake a full forensic audit of all election material and data” of the 2020 election. The resolution said the board “continues to have faith in the 2020 election results as valid and reliable but it is equally troubling that there are citizens who still have a sincerely held belief that it was not.” Secretary of State Steve Simon responded to the county in a letter Monday, saying that while he appreciates the “delicate balancing act” the county has undergone in trying to address constituents’ concerns, his office will not do another review of the election. “Our office will not engage in a vague and impossibly broad search for unspecified misconduct based on anyone’s gut feeling, hunch, or belief — no matter how sincerely held,” Simon said. “The 2020 general election, which took place almost 15 months ago, was fundamentally fair, accurate, honest, and secure across Minnesota.”

Full Article: Secretary of State rejects Crow Wing County request for 2020 election audit – Minnesota Reformer