Georgia: Brian Kemp under scrutiny after announcing probe of Democrats | Atlanta Journal-Constitution

Secretary of State Brian Kemp has had two roles this year: Running Georgia’s elections and running for governor of the state. Democrats, including former President Jimmy Carter, have called on him to step aside, warning repeatedly of potential conflicts of interest. Kemp is now facing renewed scrutiny after his office announced Sunday — without providing evidence and doing so just hours before Election Day — that it is investigating the Georgia Democratic Party for an alleged hack of the state’s voter registration system. The move to publicly disclose the probe appeared to break with tradition in the office, which oversees voting integrity, as it differed from how Kemp’s team handled an earlier cyber breach at Kennesaw State University. Edgardo Cortés, Virginia’s former elections commissioner, called Sunday’s announcement “bizarre” and said the timing of it is “problematic,” adding he wouldn’t have done it had he been in Kemp’s shoes. Such public statements, Cortés said, could depress voter turnout by making people question the reliability of the election system.

Georgia: Brian Kemp Was Warned of a Cyber Vulnerability. He Weaponized It—Again | Route Fifty

Georgia Secretary of State and Republican gubernatorial nominee Brian Kemp’s office seems to have a cybersecurity problem. With less than 48 hours before voters go to the polls in Georgia, Kemp announced his office was investigating the Georgia Democratic Party for an alleged failed hack of the secretary of state’s voting website. The leader of an organization that claims to have disclosed these cyber vulnerabilities to his office says the blaming of his political opponents is both “fabricated and preposterous.” It is part of a pattern of Kemp not securing voting systems, then politicizing and weaponizing his cybersecurity vulnerabilities against those who report them. … The organizations that received the information about the alleged problems are among those suing the secretary of state for the high rate of rejections of absentee mail ballots in Georgia, as well as the Democratic Party. Marks told Route Fifty the organizations had six cybersecurity experts of “national preeminence” in the computer science world review the data. All of them came to the same conclusion that the vulnerability was real and significant. “The experts who did look at it immediately recognized the problem with a quick look and realized delving in further could be problematic from a legal standpoint,” Marks said. “And these aren’t people that come at this from a political standpoint, they’re scientists.”

Georgia: Election observers looking out for problems in Georgia | Atlanta Journal-Constitution

Georgia’s high-profile election on Tuesday will be closely watched — not just to see who wins, but to ensure that voters’ rights are protected and their ballots are counted. Election observers from several nonprofits are fanning out across the state to assist voters and report problems with long lines, voter registration and the state’s 16-year-old electronic voting machines. Well over 1 million voters are expected to cast ballots at their local precincts on Election Day, building on the 2.1 million voters who already participated in early voting over the past three weeks — a record number for a midterm election year. Voters are motivated to decide the race at the top of the ballot for governor between Democrat Stacey Abrams and Republican Brian Kemp. Voters should be prepared by checking their registration information online at www.mvp.sos.ga.gov, verifying their precinct locations and bringing photo ID to the polls, according to organizations promoting voting rights.

Georgia: Without disclosing evidence, Kemp accuses Georgia Democrats of hacking | Atlanta Journal Constitution

Just two days before the election, Georgia Secretary of State Brian Kemp’s office launched an investigation Sunday into the Democratic Party after an alleged attempt to hack the state’s voter registration system. Kemp, who is the Republican candidate for governor on Tuesday’s ballot, didn’t provide any evidence of hacking when his office announced the probe. He faces Democrat Stacey Abrams in the election. The Democratic Party of Georgia called the allegation “100 percent false” and “an abuse of power” by Kemp’s office. A computer scientist and an attorney suing Kemp said his office’s accusation of hacking is a distraction from a report that voter information is vulnerable on the state’s registration website. The Secretary of State’s Office said the system remains secure and voter information wasn’t breached.

Georgia: Kemp’s Aggressive Gambit to Distract from Election Security Crisis | WhoWhatWhy

When Georgia Democrats were alerted to what they believe to be major vulnerabilities in the state’s voter registration system Saturday, they contacted computer security experts who verified the problems. They then notified Secretary of State Brian Kemp’s lawyers and national intelligence officials in the hope of getting the problems fixed. Instead of addressing the security issues, Kemp’s office put out a statement Sunday saying he had opened an investigation that targets the Democrats for hacking. Kemp’s statement has become top news nationwide, but the context and background have yet to be reported — so we are providing it below. By the time Democrats reached out to the experts, Kemp’s office and the Federal Bureau of Investigation had already been alerted to the problem on Saturday morning by David Cross of the Morrison Foerster law firm. Cross is an attorney for one of the plaintiffs in a lawsuit against Kemp and other elections officials concerning cyber weaknesses in Georgia’s election system. A man who claims to be a Georgia resident said he stumbled upon files in his My Voter Page on the secretary of state’s website. He realized the files were accessible. That man then reached out to one of Cross’s clients, who then put the source and Cross in touch on Friday. The next morning, Cross called John Salter, a lawyer who represents Kemp and the secretary of state’s office. Cross also notified the FBI.

Georgia: Judge Tosses Georgia’s ‘Exact Match’ Voter ID Rule for Midterm | Courthouse News

A federal judge ruled Friday that Georgia’s “exact match” requirement for voter identification “places a severe burden” on prospective voters and will not apply for next Tuesday’s midterm election. The “exact match” law applied by Georgia Secretary of State Brian Kemp, who also happens to running for governor in a tight race against Democrat Stacey Abrams, marks an applicant’s registration as “pending” if the personal information on their voter registration form doesn’t exactly match the information on the state’s Department of Driver Services or the Social Security Administration. If marked pending, the applicant has 26 months to provide the accurate information to the secretary of state’s office. In her ruling, U.S. District Judge Eleanor Ross said if allowed to stand, the state’s “exact match” requirement would cause some to “suffer irreparable harm if they lose the right to vote.”

Georgia: Senators blast Georgia’s Brian Kemp for ‘a total disregard for election security’ | The Washington Post

With just days to go before the midterms, two Democrats are accusing Republican Brian Kemp of downplaying election security for his own political gain in his run for Georgia governor. Senator Ron Wyden (D-Ore.) calls the potential insecurity of Georgia’s paperless voting machines a “disaster.” And Rep. Earl Blumenauer (D-Ore.) told me the fact that Georgia voters will be going to the polls without a paper backup is “outrageous.” “Secretary of State Kemp has shown a total disregard for election security,” Wyden said in an email. “He seems to see a personal benefit to ignoring the urgent warnings from experts and intelligence agencies about the threats to Georgia’s election system.”

Georgia: Here are the chilling tricks we’ve caught Georgia using to disqualify voters | The Washington Post

A young woman learned her name was no longer on the voter rolls in Georgia. Ironically, she discovered this while training as a canvasser for new voters. Since registering and casting her first ballot in 2008, she hadn’t returned to the polls, and under the new “use it or lose it” rule, the system purged her registration. A dentist in Macon received a letter from the secretary of state, warning him that he was at risk of being labeled an “inactive voter” for changing addresses, not voting or not responding to election-related mail. None of that was true, he said: He’d participated in every Georgia election in the past 40 years and had lived in his home for 30. A man was moved to a “pending” list of voters and told he had to prove his identity before he could cast a ballot, because the clerk registering him had missed the hyphen in his first name. It took a three-way phone call between him, a team of election lawyers and the Fulton County Board of Elections to secure his status as an eligible voter.

Georgia: Federal judge rules against Kemp in absentee ballot request | The Hill

A federal district judge in Georgia denied Secretary of State Brian Kemp’s request to pause an injunction the judge ordered last week that prevents election officials from tossing out certain absentee ballots. Judge Leigh Martin May said in an order filed late Tuesday that delaying the injunction “would only cause confusion, as Secretary Kemp has already issued guidance in accordance with the injunction to county elections officials,” according to The Atlanta Journal-Constitution. Kemp is also the GOP nominee for governor in next week’s election. May said last week that she was blocking election officials in the state from throwing out absentee ballots when a resident’s signature doesn’t exactly match the signature on their voter registration card. Kemp had requested that May delay the injunction while he appeals the decision to a higher court, the Journal-Constitution reported.

Georgia: Rejection of mail-in ballots raises alarm ahead of election | Associated Press

Drawing on her years of military experience, Maureen Heard was careful to follow all the rules when she filled out an absentee ballot in 2016. She read the instructions thoroughly, signed where she was supposed to, put the ballot in its envelope and dropped it off at her county elections office in New Hampshire. She then left town so she could return to a temporary federal work assignment in Washington, D.C. “I have learned over the years, many years in the military of filling out forms, how to fill out forms — and I was very intimidated by the process,” said Heard, who served in the Air Force and was a lieutenant in the U.S. Coast Guard. “I was like, ‘Oh my gosh, I have to make sure I get it absolutely right.’ And then it didn’t count.” Heard, 57, discovered last year that she was among roughly 319,000 voters across the country whose absentee ballots were rejected during the last presidential election. The reasons varied, ranging from missed deadlines to failure to sign the return envelope.

Georgia: Judge considers new citizens held up from voting in Georgia | Atlanta Journal-Constitution

A federal judge is considering ordering Georgia election officials to ensure that hundreds of new U.S. citizens can vote in next week’s election. U.S. District Judge Eleanor Ross heard testimony Monday from voting rights groups who say many newly naturalized Americans have registered to vote but are being turned away at early-voting locations because their citizenship status hasn’t been updated in government computers. Ross said she’ll rule quickly before Election Day on Nov. 6. The plaintiffs in the lawsuit asked Ross to order county election workers to put voters who have proved their citizenship on the state’s list of active registered voters. At least 3,667 voter registration applications are on hold in Georgia because their citizenship couldn’t be verified by state driver’s license records. But those records aren’t often updated until Georgians renew their licenses, so those who became citizens after receiving their licenses are being flagged by the state until they show naturalization papers or a U.S. passport.

Georgia: Judge orders officials to stop tossing absentee ballots over signatures | The Washington Post

A federal judge on Wednesday ordered Georgia election officials to stop summarily tossing absentee ballots because of mismatched signatures, delivering a crucial win to voting-rights advocates — and to Democratic gubernatorial candidate Stacey Abrams — less than two weeks before Election Day. The ruling resulted from two lawsuits filed earlier this month after election officials in a single Atlanta suburb, Gwinnett County, rejected hundreds of absentee ballots with signature discrepancies, missing addresses or incorrect birth years. The plaintiffs, including the ACLU, the Lawyers’ Committee for Civil Rights Under Law and the Coalition for Good Governance, argued that allowing nonexpert election officials to judge the validity of signatures without giving voters the chance to contest the decisions amounted to unconstitutional voter suppression.

Georgia: Strict laws lead to large purge of voters | Atlanta Journal-Constitution

One evening in July 2017, computers at the Georgia Secretary of State’s office were set to a monumental task. Through the night, they would sift through a list of 6.6 million registered voters, seeking out those who didn’t belong.
By dawn, more than 500,000 people were registered no more. This purge, according to election-law experts, may represent the largest mass disenfranchisement in U.S. history. It also underscores how Georgia – where people once died for the right to vote – has systematically enacted some of the strictest voting laws in the nation over the past two decades. While officials say the laws are aimed at preventing election fraud, the U.S. Commission on Civil Rights says no state has done more than Georgia in recent years to make voting difficult, especially for minorities. These efforts went relatively unnoticed before this year’s campaign for governor. That has changed amid what appears to be a historically tight race and, perhaps more important, claims that Republicans are engaging in voter suppression.

Georgia: Judge proposes injunction in Georgia absentee ballot case | Atlanta Journal-Constitution

A federal judge intends to issue an injunction barring Georgia election officials from tossing certain absentee ballots without giving would-be voters advance notice and a chance to rectify any issues. The implementation of the injunction — which U.S. District Court Judge Leigh Martin May plans to file Thursday — could complicate the work of election officials statewide, requiring the review of hundreds or thousands of ballot signatures with less than two weeks until Election Day. But civil rights groups whose lawsuits led to May’s decision have already declared victory in the battle, just one of many voting rights skirmishes to surface in what’s become a contentious Georgia election season. “We are pleased that the court has enforced the due process guarantees of the U.S. Constitution,” said Sean Young, legal director of Georgia’s branch of the American Civil Liberties Union. “Today’s ruling is a victory for democracy and for every absentee voter in the state of Georgia.”

Georgia: Old technology creating new problems with voting machines | WGCL

It’s a problem no one wants to have happen. You vote for one candidate but the machine claims you voted for someone else. Pamela Grimes was so excited to vote for her candidate for governor. So why did the voting machine in Bartow County show she had selected the other candidate? She went back to the previous page and had to re-do it three times. My thoughts were, oh my gosh. What just happened?” said Grimes. “Like, I know that I pushed the right box. And I had to press around the box. I did not press directly into that square. It was not removing that “x”.” She told a poll worker and then left.

Georgia: Mismatched info holds up registrations | Atlanta Journal-Constitution

When a Georgia voter registration form is filled out with the name “Jesus Christ” or “Badeye,” it’s pretty obvious why it wouldn’t be processed. Other registration applications stalled by state election officials might well be legitimate, such as those submitted by new U.S. citizens whose citizenship status hasn’t been updated in government computers. There are nearly 47,000 voter registrations pending in Georgia because of the state’s “exact match” law that flags a wide range of potential voters until they prove their eligibility, according to data the Secretary of State’s Office provided Wednesday. The number of pending registrations decreased from 53,000 last week after accounting for duplicate records. The list captures registration applications for hyphenated names, nicknames, typos, citizenship status, incorrect addresses and other information that doesn’t match government records.

Georgia: Thousands of voter registrations await processing in Georgia | Atlanta Journal-Constitution

More than 7,000 voter registration applications in metro Atlanta still hadn’t been processed as of Monday, nearly two weeks after the deadline to register to vote and one week since in-person early voting began.
County election officials said they expect the backlog to be cleared this week, but it takes time to review each voter registration form. New voters whose registrations haven’t been processed can cast provisional ballots that will be counted if their information is verified, or they can wait at early-voting sites for election officials to complete their registrations. Registration forms were awaiting processing Monday in Cobb, DeKalb and Fulton counties, according to ProGeorgia, a nonprofit organization focused on voter engagement and civic participation. Clayton and Gwinnett counties had processed all their voter registration forms.

Georgia: Voters Sue State So They Can Cast Ballots in Hot Governor’s Race | Bloomberg

Allegations that Georgia’s Republican-led election officials are unfairly throwing out mailed ballots over hyper-technical errors are set to go before a federal judge two weeks before Election Day. Hundreds — perhaps thousands — of ballots are being rejected because voters’ signatures don’t appear to match the ones on file, or because the voter oath is signed on the wrong line, two lawsuits claim. And would-be voters don’t get a chance to fix the errors or provide explanations, they say. The practice adopted by Georgia Secretary of State Brian Kemp has a lopsided impact on likely Democratic voters, according to the lawsuits — an allegation that carries extra significance because Kemp, a Republican, is running for governor on Nov. 6 in one of the nation’s most-watched races.

Georgia: State Purged About 107,000 People From Voter Rolls: Report | WABE

Even by Georgia standards, the voter purge of late July 2017 was remarkable. In a single day, more than half a million people — 8 percent of Georgia’s registered voters — were cut from the voter rolls. Republican Secretary of State Brian Kemp, an avid supporter of President Donald Trump who has described himself as a “politically incorrect conservative,” oversaw the removals eight months after he’d declared himself a candidate for governor. The purge was noteworthy for another reason: For an estimated 107,000 of those people, their removal from the voter rolls was triggered not because they moved or died or went to prison, but rather because they had decided not to vote in prior elections, according to an APM Reports analysis. Many of those previously registered voters may not even realize they’ve been dropped from the rolls. If they show up at the polls on Nov. 6 to vote in the heated Georgia governor’s race, they won’t be allowed to cast a ballot. Kemp’s opponent, Democrat Stacey Abrams, is vying to become the first African-American woman in U.S. history to serve as a governor. The state has undergone a dramatic influx of African Americans and Latinos whose votes could challenge Republican dominance, and her campaign is trying to turn out people of color, who are more likely to be infrequent voters. If the race is close, the July 2017 purge could affect the outcome.

Georgia: Courts asked to help new citizens vote | Atlanta Journal Constitution

Civil rights groups are asking a federal judge to allow new Americans to vote in Georgia’s election if they show proof of citizenship. The groups filed an emergency motion Friday asking the courts to intervene so that citizens inaccurately labeled as non-citizens can still vote in this year’s race for governor between Democrat Stacey Abrams and Republican Brian Kemp. The voter registrations of more than 3,600 people have been put on hold in Georgia because their citizenship hasn’t been verified. These potential voters are among over 53,000 people whose registrations are pending because of the state’s “exact match” law requiring registration applications to match government records.

Georgia: Voting Begins Amid Accusations of Voter Suppression | The New York Times

Wim Laven arrived to his polling location in Atlanta’s northern suburbs this week unsure what to make of recent allegations of voter difficulties at the ballot box. Then he waited two hours in the Georgia sun; saw one person in the line treated for heat exhaustion; and watched a second collapse, receive help from paramedics, yet refuse to be taken to the hospital — so he could remain in line and cast his ballot. Mr. Laven is now a believer. “I have a hard time imaging this is anything but an intentional effort,” said Mr. Laven, who teaches political science at Kennesaw State University. “I can’t imagine this is just pure incompetence. Everyone knew how serious people have been around here about getting out the vote.”

Georgia: High rate of absentee ballots thrown out in Gwinnett County | Atlanta Journal-Constitution

Nearly one in 10 vote-by-mail ballots have been rejected by Gwinnett County election officials, alarming voting rights groups. Gwinnett is throwing out far more absentee ballots than any other county in Georgia, according to records from the Secretary of State’s Office. Ballots were discarded because of allegedly mismatched signatures, incomplete forms or missing residential addresses. The county rejected 390 absentee ballots through Sunday, which represents 8.5 percent of all mailed ballots received in Gwinnett so far, according to state figures. Across Georgia, less than 2 percent of absentee ballots have been rejected. Gwinnett accounts for about 37 percent of all rejected ballots in Georgia.

Georgia: Fulton County has technology problems on first day of early voting | Atlanta Journal-Constitution

On the first day of early voting in Georgia, election precincts in Fulton County encountered technology issues that created long lines. A spokesperson for the county, April Majors, said the issue was with the machine used by poll workers to verify voter registration. Because the machine wasn’t working, poll workers had to verify voters’ information manually, which took much more time than the machine would have. In an emailed statement at 12:40 p.m., the county’s department of registration and elections said, “Fulton County’s early voting polling locations at libraries are experiencing network technical issues. Unfortunately, they are unable to quickly verify voter’s registrations.” They county followed up with another emailed statement about an hour later, saying all early voting locations were back to “normal operations.”

Georgia: Federal Court Ruling Shows Judges Have a Role to Play in Election Security | Lawfare

In the wake of Russia’s interference in U.S. elections, questions persist as to whether Russia changed vote totals and changed the outcome of the election. Former Homeland Security Secretary Jeh Johnson and the Senate intelligence committee each say there is no evidence that the Russians did so. But as technologist Matt Blaze told the New York Times, that’s “less comforting than it might sound at first glance, because we haven’t looked very hard.” And experts agree that our outdated voting technology certainly exposes voters to the risk of interference, as election security experts and election administrators have known for more than a decade. Last month, the U.S. District Court for the Northern District of Georgia recognized that the risk of election hacking is of constitutional significance—and that courts can do something about it. In Curling v. Kemp, two groups of Georgia voters contend that Georgia’s old paperless voting machines are so unreliable that they compromise the plaintiffs’ constitutional right to vote. In ruling on the voters’ motion for preliminary injunction, Judge Amy Totenberg held that the plaintiffs had demonstrated a likelihood of success on the merits—in other words, Georgia’s insecure voting system likely violated their constitutional rights. While the court declined to order relief in time for the 2018 elections, the ruling suggests that Georgia may eventually be ordered to move to a more secure voting system. (Protect Democracy, where I work, has filed an amicus brief in Curling. Protect Democracy also represents Lawfare contributors and editors Benjamin Wittes, Jack Goldsmith, Scott Anderson and Susan Hennessey on a number of separate matters.)

Georgia: Lawsuit challenges 53,000 stalled Georgia voter registrations | Atlanta Journal-Constitution

A federal lawsuit filed Thursday challenges a Georgia law that has stalled the voter registrations of more than 53,000 potential voters until they verify their basic information. The lawsuit, brought by several civil rights groups, asks a judge to overturn Georgia’s “exact match” law, which requires voter registration information to match driver’s licenses, state ID cards or Social Security records. The legal action comes after The Associated Press reported this week that at least 53,000 voter registrations were flagged because of the law. Those voter registrations are on hold because of discrepancies between application information and government records, such as a missing hyphen in a last name or data entry errors. But potential voters can still participate in this year’s elections if they show photo ID either when they go to vote or beforehand. They can also mail identification to county election officials in advance. If their ID resolves the discrepancy, they will immediately become active voters eligible to cast a normal ballot on Georgia’s voting machines.

Georgia: Democrat Abrams demands GOP’s Kemp resign as Georgia secretary of state amid ‘voter suppression’ uproar | CNN

Georgia Democrat Stacey Abrams’ campaign is calling on Republican Secretary of State Brian Kemp to resign following a report his office is using a controversial verification law to effectively suppress the minority vote in their race to become the state’s next governor. The demand from the Abrams campaign comes in response to an Associated Press report on records it obtained showing Georgia has put a hold on more than 53,000 voter registration applications — nearly seven-in-ten of them belonging to African Americans — because they failed to clear the state’s “exact match” standard. Under the policy, even the most minor discrepancy — like a typo or missing letter — between a voter’s registration and their drivers license, social security or state ID cards can be flagged.

Georgia: Voting Rights Become A Flashpoint In Georgia Governor’s Race | Associated Press

Marsha Appling-Nunez was showing the college students she teaches how to check online if they’re registered to vote when she made a troubling discovery. Despite being an active Georgia voter who had cast ballots in recent elections, she was no longer registered. “I was kind of shocked,” said Appling-Nunez, who moved from one Atlanta suburb to another in May and believed she had successfully changed her address on the voter rolls. “I’ve always voted. I try to not miss any elections, including local ones,” Appling-Nunez said. She tried re-registering, but with about one month left before a November election that will decide a governor’s race and some competitive U.S. House races, Appling-Nunez’s application is one of over 53,000 sitting on hold with Georgia Secretary of State Brian Kemp’s office. And unlike Appling-Nunez, many people on that list — which is predominantly black, according to an analysis by The Associated Press — may not even know their voter registration has been held up.

Georgia: Some voters report registration delays ahead of deadline | Atlanta Journal Constitution

Scattered online problems on the last day of voter registration in Georgia have some voters complaining of long delays and slow-loading websites. The Atlanta Journal-Constitution received reports from a half-dozen voters who reported problems registering to vote, and officials with the Democratic party and Democrat Stacey Abrams’ campaign said they’ve heard from dozens more. Secretary of State Brian Kemp’s office said its staffers have received four “easily resolved” election-related calls from voters who experienced problems. A spokeswoman for the office said there have been no system outages and no systemwide issues. The voter registration process is under scrutiny ahead of Tuesday’s deadline to vote for the Nov. 6 election, which features a matchup between Abrams and Kemp.

Georgia: Outage halts voter registration at driver’s license offices | Atlanta Journal-Constitution

Just days before Tuesday’s deadline to register to vote in Georgia, all voter registration shut down for nearly the entire day Friday at every Department of Driver Services location in the state. The department said its software operator, the global corporation IDEMIA, had taken full responsibility for the failure. David Connell, the chairman of the DDS’ oversight board, said he was confident in the vendor’s statement that the problem resulted from a database overload, not a cyber intrusion. “It’s an issue we all wish wouldn’t have happened,” Connell said. IDEMIA did not respond to a phone message left by The Atlanta Journal-Constitution at its Virginia representative office.