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 And experts agree that our outdated voting technology certainly exposes voters to the risk of interference, as election security experts and election administrators have known for more than a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.

Georgia: Civil rights lawsuit filed against Secretary of State Brian Kemp | WJBF

A new lawsuit set to be filed against Georgia Secretary of State Brian Kemp and the plaintiffs say every Georgia voter needs to know about it right now. Have you received something like this in your mailbox? A simple postcard that might look kind of like junk mail.  But if you didn’t return it and you missed voting in a few elections you, and tens of thousands more Georgians, might not be registered to vote anymore, and you’ll have received no further notice. Some say that’s an urgent problem because October 9th is the last day to re-register before the November election.

Georgia: Voter registration purges soared then fell | Atlanta Journal-Constitution

After more than 668,000 voter registrations were canceled in Georgia in 2017, election officials are removing far fewer people from voting rolls this election year. Republican Secretary of State Brian Kemp, who oversees elections, is no longer purging names from the state’s list of 6.8 million eligible voters as he runs for governor against Democrat Stacey Abrams. But Kemp’s record of trimming inactive registered voters — more than 1 million since he took office in 2010 — is drawing criticism from his opponents who say he’s limiting opportunities to vote, especially among low-income and minority Georgians who are more likely to have their registrations canceled.

Georgia: Can Georgia’s electronic voting machines be trusted? | Atlanta Journal Constitution

When Georgia voters cast their ballots this fall, some will wonder whether the state’s outdated touchscreen voting machines are safe and accurate. Election officials say voters have nothing to fear, but election integrity advocates say there’s good reason to worry. Electronic voting machines could be hacked if someone got around security measures. There’s no paper backup. And a state election computer exposed voting information online for months. Even a federal judge said this week that there’s a “mounting tide of evidence” the state’s digital voting system is at risk. Can Georgians trust their votes will be counted in the election for governor between Democrat Stacey Abrams and Republican Secretary of State Brian Kemp? Skeptics say they’ve lost faith in the system and in Kemp’s ability to oversee it while running for higher office. Kemp and election officials are trying to reassure voters that the election system hasn’t been compromised, and that voting is safe and accurate.

Georgia: Who’s going to pay for Georgia’s new voting technology? | Times Free Press

As Georgia leaders debate how to replace the state’s maligned voting system, local government officials have a simple request: Pick up the tab. In its list of legislative priorities released earlier this month, the Association County Commissioners of Georgia said the state government should fully fund any new voting technology. It also said the state should pay to train county employees to use the new system — whatever it turns out to be. State Rep. Barry Fleming, R-Harlem, said during a June meeting that a new voting system will cost “realistically” $30-$60 million. Todd Edwards, the association’s deputy legislative director, pointed out Friday that a Georgia law on the books requires the state to pay for voting equipment in all 159 counties. That doesn’t guarantee the law will be the same when the Legislature wraps up at end of March.

Georgia: Election Officials to Appeal Paper Ballot Ruling to 11th Circuit | Courthouse News

Georgia election officials  are appealing a federal judge’s decision to allow voters to continue a challenge to the state’s practice of relying solely on electronic voting machines in its elections. Georgia Secretary of State Brian Kemp filed a notice of appeal Tuesday evening after U.S. District Judge Amy Totenberg ruled the Coalition for Good Governance had validly stated a claim that the machines used in the state’s election are vulnerable to hacking. The group, representing voters across the state, had hoped Totenberg  would issue a preliminary injunction and order the state to use paper ballots during the November midterm election. Totenberg declined to do so due to the lack of time to get the new system in place before November 6.

Georgia: Federal Judge Blasts Georgia’s ‘Dated, Vulnerable’ Voting System | Nextgov

Georgia won’t be required to make a last-minute switch to paper ballots for the November midterm elections, but a federal judge still sent a strong message to election officials that she saw significant flaws with the state’s “dated, vulnerable” voting system. U.S. District Judge Amy Totenberg on Monday denied a motion by a group of voters seeking to force Secretary of State Brian Kemp and county election offices to stop using direct recording electronic voting machines, or DREs, for anyone other than people with disabilities in 2018. DREs use reprogrammable, removable memory cards vulnerable to hackers and don’t produce an independent paper audit trail. In her order, Totenberg noted that during recent testimony she heard from both county and state officials that the logistics of moving to a paper ballot with early voting coming next month would create chaos for voters. But the judge also emphasized that she “advises the Defendants that further delay is not tolerable in their confronting of and tackling the challenges before the State’s election balloting system.”

Georgia: Georgia district ordered to redo primary after voting errors | CNN

A judge said he will order a Georgia Legislature district to redo a primary election between two Republicans because errors in voter data called the results into question. The announcement came in response to a lawsuit filed by state Rep. Dan Gasaway that challenged the legitimacy of the election he lost by 67 votes to businessman Chris Erwin in May. Following his loss, Gasaway personally examined voter rolls and determined that “cross-contamination” in his district’s voter information had led to at least 67 people voting in the wrong district, according to his lawsuit.

Georgia: This Judge Just Cast More Doubt on Elections Security Right Before Midterms | InsideSources

Right before midterms, a United States District Court judge found that Georgia’s electronic voting machines are extremely vulnerable to hacking and foreign meddling — including from Russia — but ruled against changing the state’s elections systems to avoid voter confusion and chaos. But by simply highlighting the vulnerability of Georgia’s electronic voting machines, the judge may have already undermined voter confidence just weeks before the midterms. The new ruling from Judge Amy Totenberg in Curling v. Kemp found that Georgia’s electronic voting machines are so easily hacked that it is irresponsible for a locality or state to use them without a paper audit trail. Georgia’s machines do not have paper audit trails. Totenberg admonished the state of Georgia for not properly addressing election security issues in time for the 2018 midterm elections, reminding them that “2020 elections are around the corner” and that “if a new balloting system is to be launched in Georgia in an effective manner, it should address democracy’s critical need for transparent, fair, accurate, and verifiable election processes that guarantee each citizen’s fundamental right to cast an accountable vote.”

Georgia: Judge: Georgia has stalled in face of voting system risks | Associated Press

As Georgia’s top elections official runs for governor, a federal judge said the state has stalled too long in the face of “a mounting tide of evidence of the inadequacy and security risks” of its voting system. Secretary of State Brian Kemp, a Republican, is in the midst of a closely watched race against Democrat Stacey Abrams, a former state House minority leader who’s trying to become the country’s first black, female governor. He has repeatedly insisted that Georgia’s current voting system is secure. Voting integrity advocates sued last year, arguing that the touchscreen voting machines Georgia has used since 2002 are vulnerable to hacking and provide no way to confirm that votes have been recorded correctly because there’s no paper trail. They sought an immediate change to paper ballots for the midterm elections while the case is pending. U.S. District Judge Amy Totenberg declined to grant that request Monday, saying that although voting integrity advocates have demonstrated “the threat of real harms to their constitutional interests,” she worried about the “massive scrambling” required for a last-minute change to paper ballots. Early voting starts Oct. 15 for the Nov. 6 midterm elections.

Georgia: Judge upholds electronic voting machines | Atlanta Journal Constitution

A federal judge ruled Monday that Georgia can continue using electronic voting machines in November’s election despite concerns they could be hacked. U.S. District Judge Amy Totenberg denied a request for an injunction that would have forced the state’s 6.8 million voters to switch to hand-marked paper ballots. Totenberg made her decision in an ongoing lawsuit from voters and election integrity organizations who say Georgia’s direct-recording electronic (DRE) voting machines are untrustworthy and insecure. Georgia is one of five states that relies entirely on electronic voting machines without a verifiable paper backup. Her 46-page order Monday said she was concerned about “voter frustration and disaffection from the voting process” if she had prohibited electronic voting machines just weeks before the election. “There is nothing like bureaucratic confusion and long lines to sour a citizen,” Totenberg wrote. 

Georgia: Judge won’t force Georgia to use paper ballots for midterms | Associated Press

A federal judge ruled Monday that forcing Georgia to scrap its electronic voting machines in favor of paper ballots for the upcoming midterm elections is too risky, though she said she has grave concerns about the machines that experts have said are vulnerable to hacking. U.S. District Judge Amy Totenberg’s ruling means the state won’t have to use paper ballots for this year’s midterm elections, including a high-profile gubernatorial contest between the state’s top elections official, Republican Secretary of State Brian Kemp, and Democrat Stacey Abrams, a former state House minority leader who’s trying to become the country’s first black, female governor. Voting integrity advocates and Georgia voters sued state and county election officials, arguing the touchscreen voting machines Georgia has used since 2002 are vulnerable to hacking and provide no way to confirm that votes have been recorded correctly because there’s no paper trail.

Georgia: What was said in court case arguing Georgia election security | WJBF

WJBF Atlanta Bureau Chief Ashley Bridges was in oral arguments as attorneys for Secretary Brian Kemp and the Georgia Secretary of State’s office fought back against a suit to immediately move to paper ballots due to the insecurity of Georgia’s election system. Federal Court proceedings do not allow recording devices, but here’s a rough log of Bridges’ “Reporter’s Notebook.”  Areas that may be of particular interest, or that grew particularly heated. Attorneys referenced below for the Plaintiff’s filing the case are Cross, Macguire and Brown. \Attorneys for Kemp and the Secretary of State are former Governor Roy Barnes and his son-in-law John Salter.  (A political twist that surprised many when Democrat Barnes took the case, instead of Georgia’s own attorney general)  Totenberg is the judge.

Plaintiffs: Present a just-released National Academy of Sciences report claiming, “Every effort should be made to use human-readable paper ballots in the 2018 election.”

Salter for Secretary of State:  Claimed Kemp believes that the election can be “safely and accurately” conducted and Plaintiffs want judge to “rule to make this elephant have wings and fly”

Totenberg:  “The reality is times change and we’re in a rapidly changing time”

Plaintiffs:  David Cross:  “Georgia is frozen in time”  have a right not “just to the case, but to have that ballot count”

Georgia: A legal battle over electronic vs. paper voting | The Washington Post

Logan Lamb, a cybersecurity sleuth, thought he was conducting an innocuous Google search to pull up information on Georgia’s centralized system for conducting elections. He was taken aback when the query turned up a file with a list of voters and then alarmed when a subsequent simple data pull retrieved the birth dates, drivers’ license numbers and partial Social Security numbers of more than 6 million voters, as well as county election supervisors’ passwords for use on Election Day. He also discovered the server had a software flaw that an attacker could exploit to take control of the machine. The unsecured server that Lamb exposed in August 2016 is part of an election system — the only one in the country that is centrally run and relies upon computerized touch-screen machines for its voters — that is now at the heart of a legal and political battle with national security implications. On one side are activists who have sued the state to switch to paper ballots in the November midterm elections to guard against the potential threat of Russian hacking or other foreign interference. On the other is Secretary of State Brian Kemp, who has declared the electronic system secure and contends that moving to paper ballots with less than two months to Election Day will spawn chaos and could undermine confidence among Georgia’s 6.8 million voters.

Georgia: Judge weighs whether Georgia must switch to paper ballots | Associated Press

A federal judge who’s considering whether Georgia should have to switch from electronic voting machines to paper ballots for the November election called the situation “a catch-22.” Voting integrity groups and individuals sued state and county election officials, arguing that the touchscreen voting machines Georgia has used since 2002 are vulnerable to hacking and provide no way to confirm that votes have been recorded correctly because they don’t produce a paper trail. They’ve asked U.S. District Judge Amy Totenberg to order Secretary of State Brian Kemp, the Republican candidate for governor, to implement the use of paper ballots for the Nov. 6 midterm elections.

Georgia: Fearing Voting Machine Hacks, Georgians Plead for Paper Ballots | Bloomberg

Georgia voters may find out by month’s end whether they’ll be going back to paper ballots in a November election with one of the nation’s most closely watched gubernatorial races. A good-government group claims in a lawsuit that the state’s electronic-voting system is at such risk of Russian-style interference that the Republican-led state is violating residents’ constitutional rights by failing to fix the problem. U.S. District Judge Amy Totenberg, an appointee of former President Barack Obama, has scheduled a hearing for Sept. 12 in Atlanta and said she’ll issue an opinion within two weeks on the group’s request for a paper ballot. Georgia’s election databases and 27,000 touchscreen voting machines could be hacked to erase valid registrations, add fake voters and even switch votes to decide which candidate wins, the group said in the lawsuit. And the state is an inviting target, they say, because its machines are easy to hack and the state has a large number of registered voters — about 7 million.

Georgia: Federal Court Asked To Scrap Georgia’s 27,000 Electronic Voting Machines | NPR

The security of Georgia’s touchscreen electronic voting machines will be under scrutiny in a federal courtroom Wednesday. A group of voters and election security advocates want a federal district court judge to order the state to not use the machines in this November’s election and replace them with paper ballots. “I will not cast my vote on those machines, as I have no confidence that those machines will accurately record, transmit, and county my vote,” said one of the plaintiffs, Donna Curling, in a court filing. Early voting in the state begins on Oct. 15 and election officials say a switch at this point would mean chaos, and potentially suppress turnout.

Georgia: Petition for paper ballots in Georgia denied by state board | Atlanta Journal Constitution

The Georgia State Election Board voted unanimously Tuesday to deny a request to require hand-marked paper ballots in November’s election. The board’s 4-0 vote came one day before a federal judge ill consider a lawsuit seeking to mandate paper ballots in the Nov. 6 general election. Election integrity advocates say Georgia’s electronic voting system is untrustworthy and could be vulnerable to hackers, but election officials say it is accurate and secure. “It’s entirely too close to the election to make a massive change,” said Ralph Simpson, a member of the State Election Board, to voters trying to switch to paper ballots. “We haven’t heard any evidence that any of the things you describe have actually occurred in Georgia. They’re either manufactured or imagined.”

Georgia: Secretary of State says switching back to all-paper voting is logistically impossible | Ars Technica

A group of activists in Georgia has gone to court with a simple request to election officials: in the name of election security, do away with electronic voting entirely and let the more-than 6.1 million voters in the upcoming November 2018 election cast ballots entirely by paper. Georgia is just one of five American states that use purely digital voting without any paper record. As part of this ongoing federal lawsuit, known as Curling v. Kemp, Georgia Secretary of State Brian Kemp’s office says that such a change would be “reckless” with the election less than 60 days away. Plus, modifying the voting process would be too expensive, too unwieldy, and, in the end, not worth it. “Plaintiffs raise only spectral fears that [Direct Recording Electronic machines] will be hacked and votes Miscounted,” John Salter, an attorney representing the state, wrote in a recent court filing.

Georgia: Hearing set to consider switching Georgia to paper ballots | Atlanta Journal Constitution

A federal judge could rule Wednesday on a far-reaching request to switch Georgia from electronic to paper ballots just eight weeks before November’s election. Changing the state’s voting system on short notice would be a dramatic change, but concerned voters and election integrity groups say it would eliminate the possibility the state’s touchscreen machines, which lack a verifiable paper backup, could be hacked. They’ll be in court Wednesday to ask U.S. District Judge Amy Totenberg for an injunction prohibiting election officials from using the state’s 27,000 direct-recording electronic voting units, or DREs. Instead, voters would use pens to fill in paper ballots by hand. Georgia Secretary of State Brian Kemp, the defendant in the case, strongly opposes a quick move away from the voting system in place since 2002. He said electronic voting machines are secure and that a rushed transition to paper would result in a less trustworthy election system. But Donna Curling, the lead plaintiff in the lawsuit, said Georgia’s electronic voting machines are inherently unsafe. If voting machines were penetrated by hackers, malicious code could rig elections, she said.

Georgia: Kemp could be forced to testify at paper ballot hearing | Atlanta Journal Constitution

Secretary of State Brian Kemp could be forced to testify at a hearing this month involving a federal lawsuit seeking to make the state switch to paper ballots. The elections security advocates who filed the complaint seek to serve the Republican candidate for governor with a subpoena to appear and testify at the Sept. 12 hearing before U.S. District Judge Amy Totenberg. It’s unclear if he’ll have to appear, and his attorneys with the Barnes Law Group – recall that former Gov. Roy Barnes is representing Kemp in this complaint – declined to comment. But the judge could quash the subpoena if she determines it’s not necessary.

Georgia: Lawsuit requiring Georgia to use paper ballots in next election moves forward | WSAV

A federal judge will not dismiss a lawsuit filed against Georgia’s Secretary of State which would require Georgia to move to paper ballots ahead of November’s election. The suit was filed due to concerns over the insecurity of Georgia’s voting systems. This means the case will move forward and both sides will present their arguments in front of a judge on September 17. Pleadings by Secretary Kemp’s legal team refer to the experts saying Georgia needs paper ballots as “so-called experts” who are only Ph.D. candidates, hackers, or low-level functionaries.  They also use the term “Luddite.” WSAV’s Atlanta Capitol Correspondent, Ashley Bridges, spoke to a world-renowned cyber security expert who says our system is one of the worst in the country.  “I don’t think of myself as a Luddite,” says Dr. Richard DeMillo. In reality, Dr. Richard DeMillo holds nearly 50 years of expertise in computer science and cyber security, with a PhD from Georgia Tech, even serving as the university’s Dean of Computing.  He says it’s because he does understand the technology that he thinks Georgia has to throw it out. “I have an appreciation for the complexity it takes. Like most people that look at it objectively, it’s about the worst in the country.”  

Georgia: Voting locations closed across Georgia after Supreme Court ruling | Atlanta Journal Constitution

When a passionate crowd rallied to save polling places in rural Randolph County, it won a high-profile battle for voting access. But voters trying to preserve their local precincts are losing the war as voting locations are vanishing across Georgia. County election officials have closed 214 precincts across the state since 2012, according to an analysis by The Atlanta Journal-Constitution. That figure means nearly 8 percent of the state’s polling places, from fire stations to schools, have shut their doors over the past six years. Voting rights activists see the poll closures as an attempt to suppress turnout by African-American voters, but local election officials say they’re saving taxpayers’ money by consolidating precincts at a time when more Georgians are taking advantage of early voting.

Georgia: Voting Plan Has Drawn New Criticism, This Time Over How It’s Dealing With Voters Overseas | Buzzfeed

The state of Georgia has blocked all foreign internet traffic to its online voter registration site, BuzzFeed News has learned, a move that would do little to deter hackers but blocks absentee voters. The site, registertovote.sos.ga.gov, is accessible only to US IP addresses. The decision has outraged technologists and voting groups. In theory, it’s meant as a security measure, based on the idea that a person visiting the site is more likely to be a foreign hacker. But in practice, it has the opposite effect: Georgians abroad who don’t know how to reroute their internet traffic with tools like virtual private networks (VPNs) or Tor will be prevented from registering to vote. “This won’t really do anything to dissuade a hacker. It will only turn away real voters,” said Susan Dzieduszycka-Suinat, president of the US Vote Foundation, a nonprofit that helps Americans vote abroad. “A hacker, or even a determined voter, will just get onto a VPN and to a US IP address, and guess what? They’re in.”

Georgia: Voting companies demo paper ballots for Georgia | Atlanta Journal Constitution

Six election companies offered a first look Thursday at voting systems they’re trying to sell to Georgia, all of which have some sort of paper ballot combined with tabulation computers. All but one of the companies pitched touchscreen machines, similar to those currently in use, that print ballots as a backup to help ensure accurate results. The remaining company proposed hand-marked paper ballots, where voters would fill in bubbles next to their choices and then feed those ballots into scanning machines. Georgia’s elected officials are considering switching from the state’s 16-year-old electronic voting machines to a more secure system. Critics of the state’s current direct-recording electronic voting system say they’re concerned it could be hacked without any backstop.