National: Trump Campaign in Legal Jeopardy Over Manafort’s Sharing Data with Russian Agent | Just Security

According to a court filing earlier this week, former 2016 Trump campaign chairman Paul Manafort shared presidential campaign polling data with Konstantin Kilimnik, a Russian citizen with ties to Russian intelligence. If the data Manafort shared with Kilimnik was used to materially guide spending by Russian nationals to influence the 2016 presidential election, then the Trump campaign seemingly received an “in-kind contribution” from the Russian nationals in the form of “coordinated expenditures” in violation of multiple federal campaign finance laws. A key link in the “coordination” here is the revelation of Manafort’s actions. U.S. campaign finance law for decades has provided that any expenditure “made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents” is considered a contribution to such candidate subject to contribution limits. … Early in 2017, the U.S. intelligence community concluded that the Russian government had conducted an influence campaign in the U.S. 2016 presidential election, including through “overt propaganda.”

National: Democrats are more concerned about election security than Republicans, survey finds | The Washington Post

Democrats are far more concerned than Republicans that a foreign power will tamper with U.S. elections and they’re more cynical about the government’s ability to respond to a major cyberattack, according to a Pew Research Center survey released Wednesday. That partisan divide on basic cybersecurity questions is a troubling signal that government’s handling of an issue officials have called a greater threat than terrorism will be hampered by the sort of partisan bickering that has bedeviled health care, immigration and other topics, experts said. A whopping 87 percent of Democrats believe a hostile power will tamper with U.S. elections compared with 66 percent of Republicans. And just 47 percent of Democrats believe the U.S. government is prepared to deal with a major cyberattack according to Pew, compared with 61 percent of Republicans.

National: Gerrymandering lawsuits linger as next redistricting nears | Associated Press

As the 2019 state legislative sessions get underway, a busy year of legal battles also is beginning over lingering allegations that hundreds of electoral districts across the country were illegally drawn to the disadvantage of particular voters or political parties. First up was a court hearing Thursday in Virginia, where a federal judicial panel reviewed several proposals from an outside expert to redraw some state House districts. The court had previously determined that those districts were racially gerrymandered. The expert, University of California, Irvine political science professor Bernard Grofman, answered questions about his revisions. “My focus was on remedying constitutional infirmities,” he said.

National: Cybersecurity may suffer as shutdown persists | Roll Call

The partial government shutdown may be making some key federal departments and agencies running with skeletal staffs more vulnerable to cybersecurity breaches, experts said. Meanwhile, the House Homeland Security Committee, which oversees the Department of Homeland Security, said it remains in the dark about how the shutdown has affected the department’s mission to safeguard critical infrastructure from cyberattacks. “With so many cyber activities reliant on highly skilled contractors required to augment government personnel, government shutdowns significantly degrade the ability of the government function to meet all of their cyber mission requirements,” said Greg Touhill, president of Cyxtera Federal, a company that provides cybersecurity services to the federal government.

National: Court allows Republicans to pursue “ballot security” measures aimed at minority voters | Salon

federal court decision may open the door for the Republican National Committee to bring back “ballot security” measures allegedly designed to intimidate minority voters. The 3rd Circuit Court of Appeals on Monday upheld a district court decision that ended a longstanding order banning the RNC from using “ballot security” measures that have been seen as suppressing minority voters. With President Trump having taken over the RNC ahead of the 2020 election, voting rights advocates are concerned that Republicans will ramp up suppression efforts in the president’s re-election fight. The order had been in place since 1982, after the Democratic National Committee sued the RNC over “ballot security” measures the DNC claimed had “attempted to intimidate the minority voters” in a New Jersey gubernatorial election and violated the Voting Rights Act.

National: Donald Trump’s team had 100 contacts with Russian-linked officials: report | USA Today

Members of President Donald Trump’s campaign and transition team had more than 100 contacts with Russian-linked officials, according to a new report. The milestone illustrates the deep ties between members of Trump’s circle and the Kremlin. The findings, tracked by the Center for American Progress and its Moscow Project, come amid reports that special counsel Robert Mueller is nearing the conclusion of the two-year investigation into Russian collusion in the 2016 election and possible obstruction of justice by the president. “This wasn’t just one email or call, or one this or that,” said Talia Dessel, a research analyst for the left-leaning organization. “Over 100 contacts is really significant because you don’t just have 100 contacts with a foreign power if there’s nothing going on there.” The organization used publicly available court documents and reporting to tally up the number of contacts. Each meeting and message was counted as a separate contact.

National: American Statistical Association endorses post-election audits principles | EurekAlert

The American Statistical Association Board of Directors announces its endorsement of Principles and Best Practices for Post-Election Tabulation Audits. The December 2018 document–which updates a 2008 document with the latest statistical research and best practices–“is meant to provide guidance to relevant legislative bodies, state and local election administrators and vendors…” because a “healthy democracy requires widespread trust in elections… [and] people need to be sure that the official election outcomes match the will of the voters.” Imagine someone counted hundreds of blue, red and white marbles in a bag and concluded there are many more red marbles than blue marbles. How can you trust that conclusion? You could dump out the marbles and count each one. Or you could use statistics to do the job faster.

National: Mueller Suspects Manafort Gave Trump Election Data to Russian | Bloomberg

Special Counsel Robert Mueller’s team suspects that Paul Manafort, the onetime Trump campaign chairman, shared polling data on the 2016 election with an associate tied to Russian intelligence and lied about it, according to a court filing by Manafort’s lawyers. The filing was badly redacted, allowing an unintended glimpse at previously undisclosed areas of Mueller’s investigation into whether Donald Trump’s presidential campaign worked with Russia to influence the election. Those areas included the polling data as well as a meeting in Madrid and discussions of a Ukrainian peace plan. Mueller has claimed that Manafort, a political consultant, lied about his communications with Konstantin Kilimnik, who served as a translator and fixer on campaigns in Ukraine for a decade. Kilimnik has denied any ties to Russian intelligence.

National: House Democrats’ first bill aims big on election security | The Washington Post

House Democrats came out swinging on election security in their first bill of the new Congress on Friday, promising at least $120 million for new voting machines — so long as they use paper ballots rather than digital ones. The move suggests the new House majority plans to push for the strongest election security measures they can get rather than seek compromise with the GOP-controlled Senate or the Trump administration. The paper ballot mandate puts the new House majority at odds with the Department of Homeland Security, which has left the door open for machines that record votes digitally but print out a physical paper trail so votes can be audited if there’s any suspicion of hacking. It also tees up a fight with the Republican-controlled Senate, which has been wary of imposing strict requirements on states.

National: DNC loses appeal on Republican election tactics | Politico

A consent decree that limited Republican Party’s use of controversial poll-watching and ballot security efforts for more than three decades appears consigned to the scrap heap of history after a federal appeals court rebuffed a move by Democrats that could have led to restoration of the long-running court order. The 3rd Circuit Court of Appeals turned down the Democratic National Committee’s attempt to reopen discovery aimed at proving that the Republican National Committee violated the order in 2016 as then-candidate Donald Trump pressed publicly for a crackdown on what he contended was likely election fraud. After the election, Trump famously claimed — without evidence — that millions of illegal immigrants cast ballots in the presidential contest. Despite Trump’s public calls for his supporters to keep a close eye on certain neighborhoods, the three-judge panel unanimously ruled Monday that Democrats had not made a sufficient showing that the depositions they wanted to take were likely to show that the RNC actually responded to Trump’s entreaties.

National: House Democrats unveil election security, voting measures in sweeping anti-corruption bill | The Hill

House Democrats on Friday unveiled several election security measures as part of their first sweeping legislation of the session. The bill, H.R. 1, or the For the People Act, mandates that states use paper ballots in elections, which must also be hand-counted, or by “optical character recognition device,” the bill states. Rep. John Sarbanes (D-Md.) introduced the legislation, which he and other Democrats have described as a comprehensive anti-corruption package that will set the tone for their time in control of the House. The bill will also allow the Election Assistance Commission (EAC) — the small federal agency tasked with helping officials carry out elections — to hand out funding to states for the improvement of their elections systems. The Department of Homeland Security would also be required to conduct a threat assessment ahead of elections and that voting systems be tested nine months before any national election.

National: Supreme Court to take on partisan gerrymandering this year | Politico

The Supreme Court will grapple with the legality of partisan gerrymandering in March when it hears arguments challenging congressional-district maps in two states. The court announced Friday it would consider cases from Maryland and North Carolina after lower federal courts threw out the congressional maps in both states, ruling that they were so gerrymandered to favor one party that they violated the constitutional rights of voters. The high court will consider whether to uphold those rulings and order new maps drawn for the 2020 elections in those states. Federal judges in Maryland tossed the state’s congressional map in November after Republicans sued, claiming Democrats went too far when they altered the lines of a district in Western Maryland to defeat the then-Republican incumbent. Since redrawing the map before the 2012 election, Democrats have held a 7-to-1 advantage in the state’s congressional delegation, after entering the redistricting process with six members, to Republicans’ two.

National: Grand jury extended in U.S. special counsel’s Trump-Russia probe | Reuters

The term of the grand jury being used by U.S. Special Counsel Robert Mueller in his investigation of possible collusion between Russia and President Donald Trump’s 2016 election campaign has been extended, an aide to the judge overseeing it said on Friday. The extension is a sign that Mueller is not done presenting evidence before the grand jury in his investigation of U.S. allegations of Russian interference in the election and any possible coordination between Moscow and Trump’s campaign. The grand jury was impaneled by the U.S. District Court in Washington in July 2017 for an 18-month term, the limit under federal rules. The term can be extended if the court determines it to be in the public interest to do so.

National: House Democrats’ First Bill Would Dramatically Boost Election Security | Gizmodo

The first bill introduced by House Democrats is a whopping 570-page voting reform package that offers, in part, significant financial support to state election agencies seeking to shore up their security through use of risk-limiting audits and the timely exchange of threat information. It would also require an intelligence community assessment ahead of federal elections, accompanied by recommendations to address potential threats from multiple agencies, including the Department of Homeland Security. Perhaps most important, the bill requires states to use paper ballots, long considered the only true bulwark against election interference. The bill, known as H.B. 1 or the “For The People Act,” would further help participant states fund the replacement of outdated voting systems that experts assess may be vulnerable to remote intrusion and on-site tampering; security clearances could be expedited to help state election officials gain access more quickly to classified details about election threats; and would require the testing of voting machines nine months prior to any ballot being cast.

National: Senate confirms commissioners to Election Assistance Commission, giving it full powers | The Hill

The Senate late Wednesday confirmed by voice vote a pair of commissioners to the Election Assistance Commission (EAC), giving the agency a quorum for the first time since last March. Benjamin Hovland and Donald Palmer were among several nominees passed in the final hours of the Senate session. If they had not been confirmed before noon Thursday, when the 115th Congress adjourns, both nominees would have to go through the confirmation process again. Having a quorum means the EAC can now carry out major policy moves. The small federal agency — created in 2002 to help state and local officials administer elections — had only two commissioners since March, one short of the three needed to take on significant initiatives.

National: Cyber Threats and the Mid-Term U.S. Elections | Council on Foreign Relations

In 2018, the United States—for the first time in its history—held elections amidst wide-ranging efforts to protect this vital democratic process from foreign cyber threats. The Russian hacking and disinformation operations during the 2016 elections caught government officials, political campaigns, and voters unprepared and caused unprecedented controversies. For the 2018 mid-term elections, actions by local, state, and federal governments, the private sector, and civil society attempted to prevent the U.S. body politic from again being damaged by foreign cyber intrusions and information warfare. The 2018 elections ended without the cyber crises that marked the 2016 elections, but this outcome should not obscure the difficulties encountered this year in protecting U.S. elections from cyber threats. Despite progress, 2018 ended with the United States facing a daunting, unfinished policy agenda on strengthening election cybersecurity and responding to cyber-enabled disinformation campaigns aimed at dividing citizens and discrediting democracy.

National: House Democrats unveil first major legislative package of voting, campaign finance and ethics overhauls | Roll Call

Automatic voter registration, independent redistricting commissions, super PAC restrictions, forced release of presidential tax returns — these are just a handful of the provisions in a massive government overhaul package House Democrats will formally unveil Friday, according to a summary of the legislation obtained by Roll Call.  The package is being introduced as H.R. 1 to show that it’s the top priority of the new Democratic majority. Committees with jurisdiction over the measures will hold markups on the legislation before the package is brought to the floor sometime later this month or early in February.  H.R. 1 features a hodgepodge of policies Democrats have long promoted as solutions for protecting voters’ rights and expanding access to the polls, reducing the role of so-called dark money in politics, and strengthening federal ethics laws. 

National: Sen. Ron Wyden and Rep. Earl Blumenauer Introduce Nationwide Vote-by-Mail Bill | Willamette Week

U.S. Sen. Ron Wyden (D-Oregon) and Rep. Earl Blumenauer (D-Portland) today introduced a bill aimed at curbing voter suppression. The politicians are proposing a nationwide adoption of Oregon’s vote-by-mail system, which they say will help democratize elections processes. The Vote-By-Mail Act would require passage by a Republican-controlled Senate and President Trump to become reality. On the eve of a 13-day government shutdown over funding of a U.S., Mexico border wall, that’s an unlikely scenario.

National: Voting Issues and Gerrymanders Are Now Key Political Battlegrounds | The New York Times

Voting rights and partisan gerrymandering, traditionally the preoccupation of wonky party strategists and good-government groups, have become major flash points in the debate about the integrity of American elections, signaling high stakes battles over voter suppression and politically engineered districts ahead of the 2020 presidential race. When Democrats take the majority in the House on Thursday, the first bill they plan to introduce will be broad legislation focusing on these issues. Early drafts of their proposals include automatic voter registration, public elections financing and ending gerrymandering by using independent commissions to draw voting districts. But action and anger go far beyond Congress. With voters increasingly aware of the powerful impact of gerrymandering and doubtful about the fairness of elections, voting issues have become central to politics in key states including Florida, Georgia, Michigan, North Carolina, Pennsylvania and Wisconsin.

National: The 2018 Midterms Weren’t Hacked. What Does That Mean For 2020? | NPR

Leading up to Nov. 6, 2018, anyone with a stake in American democracy was holding their breath. After a Russian effort leading up to 2016 to sow chaos and polarization, and to degrade confidence in American institutions, what sort of widespread cyberattack awaited the voting system in the first national election since? None, it seems. High turnout overwhelmed election administrators, causing some voters to wait hours to cast ballots. Florida maintained its reputation as a state that’s been working out the kinks in its voting system for nearly two decades. And a congressional race in North Carolina is still up in the air as the state’s Board of Elections investigates alleged election fraud by a political operative. But an operation like the one Russia waged two years ago?

National: House Democrats scoop up lawyers to power Trump investigations | CNN

The House Judiciary Committee is looking for a few good lawyers. A recent committee job posting reviewed by CNN asked for legislative counsels with a variety of expertise: “criminal law, immigration law, constitutional law, intellectual property law, commercial and administrative law (including antitrust and bankruptcy), or oversight work.” The House Oversight and Government Reform Committee needs lawyers, too, posting jobs for “executive branch investigative counsel.” The advertisements give a window into the Democratic recruiting that’s ramped up ahead of the party gaining subpoena power for the first time in eight years when it takes over the House in January.

National: Election security bills face hurdles in 2019 | FCW

House Democrats will likely push new election security legislation in 2019 when they take over the majority, but obstacles remain in the Senate and the White House. On the administrative side, the Department of Homeland Security and state governments will look to build on cooperative efforts that resulted in the apparently successful 2018 mid-term elections. In the wake of the 2016 elections, state governments, experts and members of Congress have beat the drum for federal legislation to comprehensively address critical cybersecurity flaws in the nation’s election systems. Even after an infusion of $380 million in leftover Help America Vote Act grant funding earlier this year, many states say they continue to face major funding challenges. Earlier this year, Rep. Bennie Thompson (D-Miss.), incoming chair for the House Homeland Security Committee, called the grants “a drop in the bucket” compared to what is needed to secure election systems nationwide. Thompson filed legislation in February that would establish an ongoing pot of money for states to draw from through 2025, phase out reliance on paperless voting machines and boost the number of states who use risk limiting audits to ensure the integrity of election results.

National: Federal law allows nearly anyone to translate for voters. At polls, it can be a different story. | NBC

Dona Kim Murphey volunteered for the first time this year as a Korean-language interpreter, helping out at an early voting day in late October in Harris County, Texas. But Murphey said she and others were told to remain beyond a 100-foot line outside the polling center after assisting some voters with their ballots. An election worker, she said, had grown concerned that a group of Korean-American high school students greeting voters may have been electioneering. “She was worried that we were and couldn’t confirm that we weren’t, other than to go by our word,” Murphey said. While some experienced issues on Election Day like broken machines, voter confusion and long lines, others faced obstacles in getting language assistance.

National: Treasury sanctions Russians over alleged election interference, nerve-agent attack | The Hill

The Trump administration on Wednesday sanctioned nine Russian nationals for allegedly attempting to interfere in the 2016 presidential election. The Treasury Department announced that the nine GRU officers, who had been indicted by special counsel Robert Mueller earlier this year for the 2016 hack of the Democratic National Committee (DNC), are now facing penalties for “their direct involvement in efforts to interfere in the 2016 U.S. election by targeting election systems and political parties, as well as releasing stolen election-related documents.” The department also sanctioned two GRU officers over the attempted assassination of former Russian spy Sergei Skripal and his daughter with a military-grade nerve agent in March.

National: Russia’s divisive Instagram memes are still racking up likes | Fast Company

It’s even worse than you think. One of the biggest revelations in Monday’s bombshell reports on Russia’s social media propaganda campaign was that Instagram played a much bigger role than previously known—resulting in 187 million engagements versus 76.5 million engagements on Facebook—at a scale far larger than parent company Facebook has acknowledged. And though the Russian Instagram accounts have since been deleted, they actually have had a greater impact than the new batch of Facebook data suggests: A search of Instagram reveals that at least hundreds of Internet Research Agency (IRA)-linked posts are still alive across the platform through legitimate U.S.-owned Instagram accounts, where they have racked up thousands of likes. Sen. Mark Warner, the Democrat Vice Chair of the Senate committee that commissioned the reports, told Fast Company that the lingering posts were a sign that more investigation is needed. “This is exactly why we thought it was important to release this information to the public—so that we can continue to identify what’s out there, and uncover additional IRA accounts that are still operational,” he said.

National: Congress Now Has a Very Full, Very Ugly Picture of How Russia Targeted Black Americans | Slate

It should be well-known by now that Russian operatives made memes and fake activist pages to try to sway the 2016 presidential campaign for Donald Trump. But what most people don’t know is that they were also selling sex toys, recruiting Americans to work with them through job listings, offering free self-defense classes, soliciting photos for a calendar, and even offering counseling to followers of page called Army of Jesus who were struggling with porn addiction. Two new reports delivered to the Senate Intelligence Committee—one from the cybersecurity group New Knowledge and the other from Oxford University’s Computational Propaganda Project and the social networking–analysis firm Graphika—expand what the public knows about how a Kremlin-linked troll farm, the Internet Research Agency, widened divides in American political life during and after the 2016 election. Together, the reports comprise the most extensive research yet into exactly how Russian agents instrumentalized U.S. technology companies to launch what may be largest state-sponsored effort to manipulate voters and derail an election in U.S. history.

National: Why the Russian Influence Campaign Remains So Hard to Understand | The New Yorker

Reading a new report on Russian online interference in the 2016 Presidential election is a cognitively disturbing experience. The report, prepared by the cybersecurity company New Knowledge, was the more detailed of two commissioned by the Senate Intelligence Committee and released on Monday—it is illustrated with screenshots of memes apparently used as part of the Russian campaign of disinformation. The text of the report describes a sophisticated, wide-ranging, sustained, strategic operation by the St. Petersburg-based Internet Research Agency, one that played out on Facebook, Twitter, Instagram, and elsewhere: “The Internet Research Agency exploited divisions in our society by leveraging vulnerabilities in our information ecosystem. They exploited social unrest and human cognitive biases.” But the illustrations accompanying the New Knowledge report seem transposed from a wholly different narrative.

National: Russian propagandists targeted African Americans to influence 2016 US election | The Guardian

Russian online propagandists aggressively targeted African Americans during the 2016 US election campaign to suppress votes for Hillary Clinton and help Donald Trump, according to new research. Analysts found that Russian operatives used social media to “confuse, distract, and ultimately discourage” black people and other pro-Clinton blocs from voting, using bogus claims such as Clinton receiving money from the Ku Klux Klan. Black turnout declined in 2016 for the first presidential election in 20 years, according to the US census bureau, falling to less than 60% from a record high of 66.6% in 2012. Exit polls indicated that black voters strongly favoured Clinton over Trump. The new findings on the secret activities of the Internet Research Agency(IRA), known as the Russian government’s “troll factory”, were revealed on Monday in a pair of reports to the US Senate’s intelligence committee. One was led by experts from Oxford University and the other by New Knowledge, an American cybersecurity firm.

National: Russian 2016 Influence Operation Targeted African-Americans on Social Media | The New York Times

The Russian influence campaign on social media in the 2016 election made an extraordinary effort to target African-Americans, used an array of tactics to try to suppress turnout among Democratic voters and unleashed a blizzard of activity on Instagram that rivaled or exceeded its posts on Facebook, according to a report produced for the Senate Intelligence Committee. The report adds new details to the portrait that has emerged over the last two years of the energy and imagination of the Russian effort to sway American opinion and divide the country, which the authors said continues to this day. “Active and ongoing interference operations remain on several platforms,” says the report, produced by New Knowledge, a cybersecurity company based in Austin, Tex., along with researchers at Columbia University and Canfield Research LLC. One continuing Russian campaign, for instance, seeks to influence opinion on Syria by promoting Bashar al-Assad, the Syrian president and a Russian ally in the brutal conflict there.