Editorials

Whatever else can be said about the Republican Senate health care bill, it cannot be accused of pandering. The Better Care Reconciliation Act (BCRA) - which Senate Majority Leader Mitch McConnell (R-Ky) hopes to bring to a vote next week - is astonishingly unpopular, often getting less than 20 percent support in polls. There isn’t a single state in which a majority favors the GOP’s proposals. In a starkly polarized political environment, it’s almost impossible for a major proposal to be this widely hated. So why would the House pass a similar bill, and why didn’t McConnell immediately bury it? Many Republicans legislators are insulated from even the fiercest political backlash because the political playing field is tilted strongly towards the GOP side. Now the White House is about to make it even more so with a scheme to shrink the electorate and skew it towards the GOP.

Editorials: Donald Trump Jr.’s free speech defense is as bogus as it sounds. | Richard Hasen/Slate

Get ready for the latest defense for Donald Trump Jr.’s actions: He had a First Amendment right to collude with the Russians to get dirt on Hillary Clinton. This defense, which has been advanced by noted First Amendment expert Eugene Volokh and others, posits that he cannot be charged under campaign finance laws for soliciting a foreign contribution because seeking and providing such information would be protected political speech, or at least protected for an American to receive. It’s a dangerous argument which fails to recognize the compelling interest promoted by Congress’s ban on foreign contributions: specifically guarding American self-government against foreign intrusion. Let’s first start with the statute Trump Jr. may have violated. Federal law makes it a potential crime for any person to “solicit” (that is, expressly or impliedly ask for) the contribution of “anything of value” from a foreign citizen. While we do not know enough to say that Trump Jr. should be charged with violating this statute, emails released by Trump Jr. himself on Tuesday (as the New York Times was about to report on them) provide more than enough detail to merit an investigation by special counsel Robert Mueller.

Editorials: A post-election assessment of the Cayman Islands electoral process | Cayman Compass

In a report released this week, election observers from the Commonwealth Parliamentary Association British Islands and Mediterranean Region made 21 recommendations to improve the voting process in the Cayman Islands. Their observations, especially those concerning suffrage and campaign finance, deserve serious consideration. Of particular note, the observers took issue with the obvious – the unequal weight of voters depending on the districts in which they reside. For example, East End’s 692 registered voters have a disproportionately greater impact in their district’s elections than, say, the 1,513 registered voters in Bodden Town East. The Sister Islands are also way out of balance. Observers also voiced concerns about lengthy residency requirements for voters – even those of Caymanian status – and the exclusion of permanent residents from voting. This is the junction at which voting rights and human rights oftentimes collide. But some of the most troubling shortcomings found by observers are in the area of campaign finance.

Editorials: Kenya election: ‘I’m tired of people asking about violence’ | Kate Lyons/The Guardian

One of Kenya’s leading economists has said he is “sick” of being asked whether the country’s general elections next month will trigger violence. He added that people whose sole interest in the polls on 8 August was whether or not there would be clashes were setting a “very low bar” for the country. Kwame Owino, chief executive of Kenya’s Institute of Economic Affairs, told the Guardian he was fed up with people only asking him for a prediction as to whether there would be unrest after the country goes to the polls, as there was after the 2007 elections, which resulted in more than 1,000 people being killed and 600,000 displaced from their homes. “We are hung up with 2007 and 2008, which were very specific circumstances,” he said. “We have the view that anything that doesn’t lead to violence is acceptable. It’s not.

Editorials: Trump’s voter panel is scaring away voters | Joshua A. Douglas/CNN

July 12, 2017

President Donald Trump and Kris Kobach's voter fraud commission is a stain on our democracy. It is already harming voters by reducing the registration rolls. Two weeks ago, the Presidential Advisory Commission on Election Integrity asked election officials in all 50 states to turn over detailed voter information. Now, in response, voters in some states -- such as Colorado, Florida and North Carolina -- are seeking to "unregister," asking their states to remove them from voter rolls before any information is sent to the commission. As Denver elections director Amber McReynolds lamented, "I never expected to see more withdrawals in a day than new registrations. The impact on voters is real. The impact on civic engagement is real. The impact on election offices is real."

Editorials: The Trumps Embraced a Russian Plot | Nicholas Kristof/The New York Times

July 12, 2017

The astonishing email just released by Donald Trump Jr., setting up the meeting last year with a Russian lawyer, is devastating for the White House. Above all, it underscores that the Trump family knew of a secret Russian campaign to interfere in the American election — and embraced it. Read the whole email exchange, but here’s the key paragraph: “The Crown prosecutor of Russia … offered to provide the Trump campaign with some official documents and information that would incriminate Hillary and her dealings with Russia and would be very useful to your father. This is obviously very high level and sensitive information but is part of Russia and its government’s support for Mr. Trump.” This passage undermines the Trump and White House position in three crucial ways — not attributed to vague “sources” but in black and white documentary form.

Editorials: Voter fraud commission very quickly runs into roadblocks | Carl P. Leubsdorf/The Dallas Morning News

July 12, 2017

One of democracy’s best protections against blatantly preposterous proposals is that the perpetrators inevitably go too far. In the case of President Donald Trump’s fraudulent voter fraud commission, that didn’t take long. Even before next week’s first official meeting, the panel Trump created to pursue his ridiculous claim that 3 million to 5 million Americans voted fraudulently last November, is running into roadblocks both federal and state. On Monday, it temporarily suspended its request for reams of public and personal election data in the wake of multiple federal court suits from liberal groups contending it has failed to protect voters’ privacy. But the principal resistance has come from the nation’s secretaries of state, many of them Republicans.

Editorials: Open Door to Moscow? New Facts in the Potential Criminal Case of Trump Campaign Coordination with Russia | Bob Bauer/Just Security

July 11, 2017

The Trump campaign in 2016 was signaling to Russia that it would be happy to have the Putin regime’s help. President Trump, as a candidate, famously called for Russia’s assistance. Later, when pressed, he repeatedly refused to clearly acknowledge its interference or condemn it. Now it appears that Trump campaign was not simply hinting that it would welcome this help. The Wall Street Journal very recently, and now the New York Times, have reported active Trump campaign or campaign supporter contacts with Russian agents or intermediaries toward the goal of obtaining negative information about Hillary Clinton. And, for the first time, someone named Trump–Donald, Jr.–has publicly confirmed that the campaign communicated directly with a Russia foreign national connected with the Putin regime in the bid for material damaging to the former Secretary of State.

Editorials: Cambodia: Revoke Ban on Election Monitors | Human Rights Watch

July 11, 2017

The Cambodian government should rescind its recent order restricting independent election monitoring groups, Human Rights Watch said today. On July 4, 2017, a month after the country’s flawed commune elections, the Interior Ministry issued a letter to two election-monitoring organizations to cease their activities in alleged violation of the country’s nongovernmental organization law. The government’s action sets the stage for the ruling Cambodian People’s Party (CPP) to broaden restrictions on election monitoring prior to the 2018 national elections. “The Cambodian government appears intent on quashing any challenges to its political control – and obviously doesn’t want any witnesses,” said Phil Robertson, deputy Asia director. “Cambodia’s donors should call for the government to rescind these orders and ensure independent monitoring of the 2018 elections.”

Editorials: Commission wants to snoop on voting in the name of ‘integrity’ | Tulsa World

July 10, 2017

The government wants to know more about how we vote. No. President Trump authorized the Presidential Advisory Commission on Election Integrity to investigate voter fraud in the 2016 election. Independent studies all have shown that voter fraud is either non-existent or is so slight that its effect is minimal. Nevertheless, Trump established the commission last month. Its report is expected in 2018. Studying election results is nothing new. Campaigns do it to see what worked and what didn’t. Most rely on public information for their research. This commission, however, goes a dangerous step beyond. Letters were sent out last week to all 50 states and the District of Columbia asking for evidence of voter fraud, convictions for election-related crimes and recommendations for preventing voter intimidation.

Editorials: A startling reality: Hacking democracy easier than you think | David Shipley/CBC

July 10, 2017

It's hard to imagine that people thousands of miles away are able to sit at a computer and change the course of an election. But as we've seen in the United States, that's not just a troubling concept, it's a startling reality that has profound implications for voters, politicians, political parties and the media. When it comes to Canada, most experts agree it's not a matter of if or even when (we experienced some limited interference in 2015), but of how badly nation-states, organized crime, activists and thrill seekers will want to sow chaos, confusion and manipulation.

Editorials: Trump’s voter data request poses an unnoticed danger — to national security | Michael Chertoff/The Washington Post

The Trump administration’s Presidential Advisory Commission on Election Integrity is asking states for voter-registration data from as far back as 2006. This would include names, dates of birth, voting histories, party registrations and the last four digits of voters’ Social Security numbers. The request has engendered controversy, to put it mildly, including refusals by many states and a caustic presidential tweet. But whatever the political, legal and constitutional issues raised by this data request, one issue has barely been part of the public discussion: national security. If this sensitive data is to be collected and aggregated by the federal government, then the administration should honor its own recent cybersecurity executive order and ensure that the data is not stolen by hackers or insiders.

Editorials: Combating a Real Threat to Election Integrity | The New York Times

Russia’s meddling in the 2016 election may not have altered the outcome of any races, but it showed that America’s voting system is far more vulnerable to attack than most people realized. Whether the attackers are hostile nations like Russia (which could well try it again even though President Trump has raised the issue with President Vladimir Putin of Russia) or hostile groups like ISIS, the threat is very real. The question is this: Can the system be strengthened against cyberattacks in time for the 2018 midterms and the 2020 presidential race? The answer, encouragingly, is that there are concrete steps state and local governments can take right now to improve the security and integrity of their elections. A new study by the Brennan Center for Justice identifies two critical pieces of election infrastructure — aging voting machines and voter registration databases relying on outdated software — that present appealing targets for hackers and yet can be shored up at a reasonable cost. … The report identifies three immediate steps states and localities can take to counter the threat.

Editorials: Fraudulent voting fraud | Baltimore Sun

Nothing telegraphs a federal commission’s basic incompetence quite like having 44 states refuse to cooperate with its inquiry. But that’s the running total, according to a recent CNN survey, of states that have declined to provide requested voter data to the Presidential Advisory Commission on Election Integrity, the Trump administration’s sham inquiry into voter fraud. As cynically partisan as the commission appears to be in makeup and mission, the decision by the states was far more straightforward: In most cases, state laws expressly forbid election agencies from releasing much of the data (including the last four digits of voter Social Security numbers) for privacy reasons. That was certainly true in Maryland where the state elections administrator formally notified the commission of its rejection Monday in a two-paragraph letter that simply noted that much of the information requested was protected by state and federal law. Maryland Attorney General Brian E. Frosh offered a more damning statement calling the request for personal data “repugnant” and designed “only to intimidate voters and to indulge President Trump’s fantasy that he won the popular vote.”

Editorials: Kentucky voters could become victims of cyber crime | Lisa Berry-Tayman and Eric Hodge/Courier-Journal

The Presidential Advisory Commission on Election Integrity has asked that the Commonwealth turn over its voter records to the federal government. The legality of such a request is questionable, however, and the Commission’s actions could put Kentucky’s voters at significant risk of identity theft and election fraud. It’s a dangerous cyber world where hacking tools and consumer information are sold openly on the Internet. In 2016, data breaches exposed more than 4.2 billion pieces of information about individuals. The Russian hacking of the presidential election was followed by global ransomware attacks that hijacked thousands of networked systems and foreshadowed new, more destructive attacks. Most recently, a consultancy engaged by the Republican National Committee accidentally exposed the personal voter information of nearly 200 million Americans.

Editorials: Texas and other states are right to refuse Trump panel’s request for private voter information | Dallas Morning News

Voting is a right in a democracy and the secrecy of the ballot protects citizens from reprisal. President Donald Trump may not appreciate this core American principle, but we're pleased that most state election officials do. At least 43 states, including Texas, have pushed back against all or parts of the Presidential Advisory Commission on Election Integrity's sweeping and unprecedented request to hand over names, addresses, dates of birth, political party and voting histories, criminal records, military status and the last four digits of Social Security numbers of voters dating back to 2006. Texas will turn over information already publicly available but rightly refuses to release full or partial Social Security numbers. We find it disturbing that Trump continues to deny Russian meddling in the 2016 elections, but remains preoccupied with using this commission to pursue his own unproven allegations that millions voted illegally, costing him the popular vote.

Editorials: Why does Trump’s voting commission want data it shouldn’t have? | David Becker/The Hill

July 6, 2017

It’s an understatement to say the Presidential Advisory Commission on Election Integrity’s request to every state for highly-sensitive personal information on every U.S. voter is raising major concerns among leaders in almost every state. … Dozens of states, from deeply blue to deeply red to everything in between, either refused to provide any personal data on voters, or agreed only to provide the minimum of what the law in their state required (usually just name, address and political party information). Incredibly, even secretaries of state that serve on this commission, including Secretaries Lawson of Indiana, Dunlap of Maine, and Gardner of New Hampshire, and Secretary Kobach himself, have refused to turn over all the information requested. And for good reason. … [A]ll these taxpayer resources are being spent to research a question to which we already know the answer – the extent to which voter fraud exists. On this point, every piece of research conducted by states both red and blue, academics, and even the Bush Department of Justice, agrees – voter fraud exists but only barely. It is extremely rare, comprising only thousandths of a percent of the total ballots cast.

Editorials: On Independence Day, U.S. elections remain vulnerable | USA Today

As Americans celebrate Independence Day, it’s worth remembering that the right to vote in free and fair elections stands at the heart of that independence — and that this cherished right is under attack by a hostile foreign power. New revelations of Russian interference in the 2016 presidential election arrive regularly. Last month came news that Russian hackers had probed the voting networks in 21 states and had executed a cyberattack on a contractor that supplies voting software to states. "They will be back," former FBI director James Comey warned in congressional testimony. In the face of this threat, the nation’s leaders, at the federal and state levels, have done little to harden defenses against future attacks. For the most part, President Trump has been in denial about Russian meddling, as if acknowledging the problem threatens the legitimacy of his election, and has focused instead on unproven allegations of extensive voter fraud.

Editorials: Congress should require paper voter ballots, electronic cybersecurity | Bruce Fein/Washington Times

Something is rotten in the state of our electronic voting practices. They are recklessly wandering towards online voting despite their high vulnerable to hacking and manipulation by cyberspace clowns, partisans, enemies, or all three. Congress should invoke its power under Article I, section 4 of the Constitution to require in federal elections use of paper ballots or electronic voting machines that produce voter-verified paper ballots. Congress should encourage States to do likewise for state elections through a federal grant-in-aid program. Firewalls should also be required between internet and voter registration, vote-tabulating machines, ballot delivery, and election management systems. Before certification of final election results, a random sample of electronic voting system totals should be compared with hand counts of the votes on the corresponding paper ballots to detect hacking or error. Elections are too important to be left to amateurs or to luck, which Congress seems not to understand.

Editorials: Trump’s next attack on democracy: mass voter suppression | Russ Feingold/The Guardian

The most important aspect of any democratic election is participation. A democracy gains its legitimacy through elections only so far as those elections represent the will of the people. Limit voter participation, and there is a direct correlation between the legitimacy of an election and the democratic system. President Trump and Vice-President Pence’s “election integrity” commission is unequivocally declaring war on voters – our democratic legitimacy be damned. The commission recently sent a letter to all 50 states asking that they provide all the names and associated birthdays, last four digits of social security numbers, addresses, political parties, and voting histories since 2006 of people on their voter rolls. This letter is helping to lay the groundwork for nationalized voter suppression. The commission is requesting the same information that Republican state governments have used to create hyper-partisan gerrymandering and enact restrictive voter ID laws. Such measures have been disturbingly successful at suppressing voting of minority and low-income citizens, groups that tend to vote with Democrats. This assault on voters might seem farfetched, except that we’ve seen this strategy too many times before to claim ignorance now.

Editorials: The Russians will be back: America’s election infrastructure is a sitting duck for foreign adversaries | Joe Mohen/Salon

Russia’s apparent attempt to interfere with the 2016 presidential election continues to make news. Some reports have suggested that voting systems were attacked — by unknown parties and in various ways — in at least 39 states. These attacks make it increasingly obvious just how vulnerable American voting systems are. This is not the first time our voting systems have been tested. After the 2000 presidential election, voting systems were updated to prevent simple counting errors. The margin of victory in Florida in the infamous 2000 presidential election was a mere 537 votes, less than the margin of error of the voting procedures then in use. We will never know who would have become president had the systems used at that time been more accurate. Less well known is that earlier that same year Al Gore won the first (and only) significant U.S. election ever run over the internet — the Arizona Democratic primary. My company at that time had been contracted to run that primary, and we assumed that every hacker in the world would be trying to sabotage that statewide election.

Editorials: I’ve silenced Kris Kobach on the issue of voter fraud | Chad Lawhorn/ Lawrence Journal World

There are some who would say evoking silence from Kansas Secretary of State Kris Kobach is akin to a miracle. After all, despite the many criticisms of Kobach, he often isn’t shy to talk. He even has been known to provide information when he didn’t intend to. See a now infamous photo of him with a set of documents and then president-elect Trump. And when the subject is illegal voting, Kobach normally becomes like a "Game of Thrones" fan at a cocktail party. You need an actual wizard to get out of that conversation. But evidently that is not always the case. It has been a little more than four months since I first reported a potential voter fraud case involving Douglas County Sheriff Ken McGovern and his elderly mother. I’ve asked Kobach’s representatives approximately a half-dozen times for an update on the case. Most times, I haven’t even received a response from his office. I did on June 14. Spokeswoman Samantha Poetter sent me an email saying she expected to have an update for me later that day. That was the last I’ve heard from her, despite checking in several more times. Why is Kobach silent on the matter? I, of course, don’t know. I can only speculate. Fortunately, one of the perks of being an editor is you are allowed to do that.

Editorials: Happy Fourth of July! Show Us Your Papers | The New York Times

The reviews of President Trump’s new commission on election integrity are rolling in, and they’re not good. “Disingenuous.” “Repugnant.” “At best a waste of taxpayer money.” “A tool to commit large-scale voter suppression.” State officials across the country responded to the commission’s slapdash request last week for detailed voter data in the manner previously reserved for emailed pleas from a Nigerian prince. Delete, said secretaries of state in Kentucky, Minnesota, Tennessee, California — more than 20 states refused to comply, red and blue and every hue in between. “They can go jump in the Gulf of Mexico,” Mississippi’s secretary of state, Delbert Hosemann, a Republican, responded. What triggered the bipartisan backlash? A letter from the commission — whose ostensible goal is to restore Americans’ confidence in their elections — asked states to turn over by July 14 all publicly available information about their voters, including names, addresses, dates of birth, political party and voting history, criminal record, military status and the last four digits of their Social Security number.

Editorials: Trump’s Voter Suppression Efforts Have Begun | Dale Ho/The New York Times

Last Wednesday, Kris Kobach, the secretary of state of Kansas and the vice chairman of the Presidential Advisory Commission on Election Integrity, wrote a letter to all 50 states, requesting that they send the commission the personal information of all registered voters. This includes full names, birth dates, addresses, political affiliations, voting history and last four digits of Social Security numbers. The letter says that all documents provided to the commission will be made public. What could possibly go wrong? There are obvious data privacy concerns. Digital security experts have called the plan a gold mine for hackers. Mr. Kobach’s letter says the data will be held on a “secure FTP site,” but offers no details. Mr. Kobach himself appears to be backtracking, recently saying that, notwithstanding his request to other states, he will not be giving Kansas voters’ Social Security information to his own commission.

Editorials: What Is Kris Kobach Up To? | Charles Stewart/Politico

When President Donald Trump’s Presidential Advisory Commission on Election Integrity, which is chaired by Vice President Mike Pence, sent a letter to every state in the country on Thursday requesting “publicly available voter roll data,” Delbert Hosemann, the Republican secretary of state from Mississippi, responded simply: “Go jump in the Gulf.” The letter that evoked Hosemann’s colorful retort was sent under the signature of the commission’s vice chairman, Kansas Secretary of State Kris Kobach, one of only a few public figures to embrace the president’s unfounded claims of widespread voter fraud—the combating of which is the commission’s ostensible mission. In addition to all publicly available data on the states’ voter rolls, it also asked for data that are rarely considered to be public election records, such as information about felony convictions and the last four digits of the voter's Social Security number. I’ve been studying America’s election administration since 2000, and I’ve rarely seen a firestorm like this. A few states have responded to Kobach’s letter with fiery opposition, such as California Secretary of State Alex Padilla’s statement that he refused to “legitimize” its work by contributing his state’s voter file. Others, like Hosemann, have used the request to remind Washington of the states’ pre-eminent role in running elections. But most states have approached the Kobach letter as a standard public records request, supplying the data they would supply anyone else who asked—sometimes for the required $12,500 fee, as in Wisconsin.

Editorials: All Your Voter Data Are Belong To Us | Justin Levitt/Take Care

Kris Kobach just asked for help building a national voter file in two weeks. That’s massively irresponsible. And it might well be illegal. Yesterday, on behalf of a federal commission that seems slapped together to validate precooked but half-baked conclusions, Kris Kobach asked states to send him all publicly available information in the state voter files. First, let’s be clear about the scope of the behemoth he wants to assemble in the span of two weeks, with no public conversation. He’s aiming for a national file with hundreds of millions of records. It would include the name, address, political party affiliation (why is this relevant?), and voting history of virtually every voter in America. For some states, it would include at least some, and occasionally all, information about date of birth. For some states, it would include telephone numbers and email addresses. For some states, the voter rolls will include information about minors, who are not yet eligible to vote but are “pre-registered” so that they can vote without undue delay when they turn 18.

Editorials: Trump launches his opening voter suppression salvo | The Washington Post