National: Literacy Tests Are Gone, But Voter Suppression Isn’t | HuffPost

It used to be that literacy tests and poll taxes kept black voters from the ballot box. It was deliberate disenfranchisement put in place to block African-Americans after they legally gained the right to vote. But in 1965, President Lyndon Johnson signed into law one of the most powerful pieces of legislation in the history of the United States. The law, called the Voting Rights Act, equipped the federal government with a bazooka it could aim at racist barriers standing in the way of minority voters. The Voting Rights Act not only wiped out many of those restrictions, but it was a profound acknowledgement that change could only happen if all Americans could choose who governed them. In Episode 1 of “Shut Out” we take a 1960s literacy test, designed to keep black people from voting, and learn more about how America made it hard, and continues to make it hard, for black voters to get to the polls.

National: House Democrats plan to push hard on election security next Congress | The Washington Post

House Democrats are planning a blitz of efforts to improve election security when they take control of the lower chamber next year. Democrats will include some version of election security legislation in H.R. 1, the major legislative package they plan to introduce in the first days of the next Congress, Rep. Bennie Thompson (D-Miss.), incoming chairman of the House Homeland Security Committee, told me. Thompson also intends to hold public hearings with Trump administration leaders and state and local election officials focused on how they’re hardening election systems in the lead-up to the marquee 2020 contest. The committee will further seek to hear from top voting machine manufacturers, which have had a contentious relationship with congressional watchdogs, a Democratic committee aide told me. The House Oversight Committee will also review how states are spending $380 million in election security grants that Congress approved as part of an omnibus spending bill in March, Rep. Robin L. Kelly (D-Ill.), incoming chair of the committee’s information technology panel, said in an interview.

National: New report on Russian disinformation, prepared for the Senate, shows the operation’s scale and sweep | The Washington Post

A report prepared for the Senate that provides the most sweeping analysis yet of Russia’s disinformation campaign around the 2016 election found the operation used every major social media platform to deliver words, images and videos tailored to voters’ interests to help elect President Trump — and worked even harder to support him while in office. The report, a draft of which was obtained by The Washington Post, is the first to study the millions of posts provided by major technology firms to the Senate Intelligence Committee, led by Sen. Richard Burr (R-N.C.), its chairman, and Sen. Mark Warner (Va.), its ranking Democrat. The bipartisan panel hasn’t said whether it endorses the findings. It plans to release it publicly along with another study later this week.

National: Disputed North Carolina race exposes mail ballot flaws | The Hill

An investigation into suspected fraud in a closely contested House race in North Carolina has shined a spotlight on an increasingly powerful tool in U.S. elections: mail-in ballots. The case in North Carolina’s 9th District, which centers on claims of an aggressive — and illegal — absentee ballot drive by a Republican operative, has resurfaced concerns about the security of mail-in ballots and the potential for fraud. It also raises questions about how vote-by-mail programs should be executed, especially with a growing number of Americans casting their ballots by mail. Between 2008 and 2016, the number of voters who cast mail-in ballots more than tripled, from 2.4 million to 8.2 million, according to a 2017 report from the U.S. Election Assistance Commission.

National: Federal Election Commission could give lawmakers new tools against hacking | The Washington Post

The Federal Election Commission will vote today on whether lawmakers can use leftover campaign cash to secure their personal tech devices and email accounts against hackers. The proposal, from Sen. Ron Wyden (D-Ore.), comes amid rising concern that Kremlin-linked hackers are targeting the personal email accounts and other data of lawmakers and their office and campaign staffs. Hacked information from those personal accounts could be used for blackmail or as a jumping-off point to break into email accounts for campaigns, congressional offices or even federal agencies. More importantly, hackers could strategically release hacked information to upend a political campaign, as Russia did with hacked emails from the Hillary Clinton campaign and the Democratic National Committee in 2016, or to sway a political or policy debate.  

National: What Putin knew on Election Day 2016 | The Washington Post

The National Rifle Association’s 2016 annual convention was held in May of that year in Kentucky. Donald Trump Jr. attended, as he had in the past. So did Alexander Torshin, also a regular at NRA events. The two ended up speaking briefly at a dinner in Louisville, though details of that encounter are sketchy. Why does it matter? Because Torshin is a Russian government official, a representative of the country’s central bank and an ally of Russian President Vladimir Putin. How Torshin and Trump Jr. came to be in the same room together and why is one of the smaller mysteries orbiting the investigation by special counsel Robert S. Mueller III, but not an insignificant one: Mueller is reportedly investigating whether the NRA specifically was used as a conduit for Russians to support Trump’s candidacy. There’s an interesting detail to that Torshin meeting, though, which hasn’t received much attention. On Thursday, a Russian woman named Maria Butina pleaded guilty in federal court to having engaged in a covert influence operation on behalf of Russia — an operation in which Torshin was involved. Part of Butina’s plea included a statement of offense, in which her criminal actions were stipulated.

National: Despite Inactivity During Midterm Elections, Hackers Are Likely To Ramp Up Attacks In 2020 | Wall Street Journal

Hackers were less active than security experts had anticipated during last month’s midterm elections, but the federal government should still continue its assistance to state and local election security, according to Judd Choate, director of the division of elections at Colorado’s department of state. “Many states need money, they need assistance,” Mr. Choate told security experts Tuesday at the WSJ Pro Cybersecurity Executive Forum in New York. Russian hackers’ dialed back their activity this year after attempting to interfere in the 2016 election and leaking stolen emails from Hillary Clinton’s campaign, he said. Despite the lack of high-profile cyber threats around this year’s midterm elections, there are signs that hackers will use more sophisticated tactics to interfere in 2020, officials said. Robby Mook, campaign manager for Mrs. Clinton’s 2016 campaign, predicted that attackers will deploy so-called deep fake videos to sow confusion around the next presidential election, using artificial intelligence to create doctored videos and images that appear realistic.

National: Tabloid Publisher’s Deal in Hush-Money Inquiry Adds to Trump’s Danger | The New York Times

With the revelation by prosecutors on Wednesday that a tabloid publisher admitted to paying off a Playboy model, key participants in two hush-money schemes say the transactions were intended to protect Donald J. Trump’s campaign for president. That leaves Mr. Trump in an increasingly isolated and legally precarious position, according to election law experts. Hundreds of thousands of dollars in payments made in 2016 to keep two women silent about alleged affairs are now firmly framed as illegal campaign contributions. The news about the publisher, the parent company of The National Enquirer, came on the same day that Mr. Trump’s former lawyer Michael D. Cohen was sentenced to three years in prison in part for his involvement in the payments. “I blame myself for the conduct which has brought me here today,” Mr. Cohen said, “and it was my own weakness and a blind loyalty to this man” — a reference to Mr. Trump — “that led me to choose a path of darkness over light.”

National: Remembering Rosanell Eaton, An Outspoken Advocate for Voting Rights | NPR

When the Supreme Court shot down a key provision of the landmark Voting Rights Act — which required that certain places with a history of discriminating against voters get federal approval before making new changes to their voting laws — lawmakers in North Carolina wasted little time in passing sweeping new rules around voting. The state issued requirements for specific kinds of photo identification, cut back on early voting and preregistration. Supporters of the new laws, who were overwhelmingly Republican, insisted that the measures were necessary to prevent voting fraud. But voting rights experts and advocates said that voter fraud was extremely rare and that the rules would make it much harder for younger voters, poorer voters, and black people — groups that were more likely to vote for Democrats and less likely to have official identification — to cast their ballots.

National: Pressure mounts on election security as 2020 approaches | The Hill

Pressure is already mounting on Congress to secure the 2020 presidential race from foreign cyberattacks or interference just weeks after the midterm elections. Lawmakers expressed frustration at failing to pass a bill during the current session, but are vowing to resume their work in January. “Yeah, it’s next Congress,” Sen. James Lankford (R-Okla.) told The Hill last week. Lankford and Sen. Amy Klobuchar (D-Minn.) in 2017 introduced the bipartisan Secure Elections Act, seen as the best shot of passing legislation before the midterms. “[Klobuchar] and I are not going to drop it, we’re going to keep working it through, but it’s not going to be the next two weeks,” Lankford vowed. Lawmakers, though, will take up their work with less time to bridge differences and before the 2020 cycle moves to full swing. And there may be new questions for lawmakers to address.

National: ‘Election Night’ Is an Outdated and Dangerous Relic of the Past | New York Magazine

Traditionally, for people involved in electoral politics, Election Day is Judgment Day, when all those strenuous efforts to win (or in the case of media and academic folk, to report on or analyze) public office come to an end as the last poll closes. Election Night, accordingly, is in all but a few rare cases the time when the judgment of the people is discerned. Political people are wired from an early age to think of Election Day and Election Night as the key moments of drama in their often tedious profession. But the old dramatic cycle is making less sense every day. With the advent of early voting, Election Day often stretches over weeks. And with slow counts caused by mail and provisional ballots becoming more prevalent, Election Night isn’t always what it used to be, either.

National: Senator Warner blames White House for election security bill not passing Congress | The Hill

Sen. Mark Warner (D-Va.) on Friday said the White House prevented a bipartisan election security bill from passing Congress this year. Warner, who is vice chairman of the Senate Intelligence Committee, said that if the bill known as the Secure Elections Act made it to the Senate floor, it would receive at least 80 votes in favor of passage. “The objection has come from the White House,” he said at an event hosted by the Center for a New American Security. A White House spokesman did not immediately respond to a request for comment. The bipartisan legislation, introduced by Sens. James Lankford (R-Okla.) and Amy Klobuchar (D-Minn.), is aimed at protecting election systems from cyberattacks. The measure was held up in committee this year because of a lack of GOP support, a Republican aide told The Hill at the time.

National: Alleged North Carolina Election Fraud Could Cause A Backlash For Voting By Mail | NPR

When it comes to election fraud, the “voting twice by dressing up with a different hat” tactic that President Trump talks about almost never happens. What actually does happen, as allegedly illustrated in the race for North Carolina’s 9th Congressional District, is vote-by-mail fraud. “The consensus, among people who study fraud carefully, is that voting by mail is a much more fertile area for fraud than voting in person,” said Charles Stewart, who studies election technology and administration at Massachusetts Institute of Technology. Still, voting by mail is on the rise. The numbers aren’t finalized for 2018 yet, but in the 2016 presidential election, the percentage of people who voted by mail had more than doubled compared to two decades prior.

National: House Democrats seek voting rights fixes. Senate GOP says it’s already dead | McClatchy

House Democrats are launching an ambitious effort to repair the landmark voting rights law that was fractured by the Supreme Court in 2013, with leaders eying field hearings in North Carolina, Florida, Texas, Georgia and other states. They are under tremendous pressure from their supporters to deliver. Though Democrats now will run the House next year, the Republican-controlled Senate is not likely to consider any legislation addressing the Voting Rights Act that gets passed in the House. “States run elections. Let’s keep it that way,” said Sen. Lindsey Graham, R-South Carolina, likely the next chairman of the Senate Judiciary Committee that would have jurisdiction over the matter. Fresh off their midterm election victories, however, Democrats want to show results — and fast. They are planning as their agenda-setting legislation for 2019, a bill they’ve branded as “HR 1.”

National: Senate panel advances nominees for Election Assistance Commission | The Hill

The Senate Rules Committee on Wednesday voted to advance two of President Trump’s nominees to the Election Assistance Commission (EAC), giving the small federal agency a chance of reaching a quorum for the first time since March. During a meeting that lasted roughly a minute, the senators voted in favor of adding Donald Palmer and Benjamin Hovland to the commission, which was created by the Help America Vote Act of 2002 to help state and local officials administer elections. If approved by the full Senate, Palmer and Hovland — both former election officials — would bring the agency up from two to four commissioners. The EAC has been down to two commissioners — one short of a quorum — since March, when former commissioner Matt Masterson’s term expired. He has since joined the Department of Homeland Security (DHS), where he has worked on election security issues.

National: The 2018 midterm elections weren’t marred by foreign meddling. That doesn’t mean the U.S. election system is secure | MinnPost

Leading up to this year’s midterm election, scores of U.S. senators, intelligence officials, and security experts were sounding the alarm: do nothing, and what happened in 2016 will happen again. “We know foreign adversaries are still targeting our upcoming elections,” said Sen. Amy Klobuchar in a letter dated May 9. “The open question is, how serious are we about preventing it from happening again?” The wide-ranging campaign carried out by the government of Russia, in concert with other non-governmental entities, to influence the 2016 presidential election shocked the U.S. political and media establishment. It exposed vulnerabilities seemingly everywhere, from social media, where foreign operatives ginned up division on Facebook, to the political parties, where top officials’ emails were hacked and released, to the infrastructure of the voting process itself, which experts worried was weak and could be manipulated.

National: DNC ramps up 2020 cyber protections, NRCC falls victim to hackers | Politico

The Democratic National Committee wants to significantly expand and improve its cybersecurity program in the lead-up to the 2020 presidential election, and its top security officials are considering everything from simulated cyberattacks on the Democratic ecosystem to enhanced training for DNC staffers who want to work with the party’s outside vendors and sister committees. “The question is, how are we going to take what we did and supersize it?” DNC Chief Security Officer Bob Lord told Eric for a story out today. Lord produced a short cybersecurity checklist for midterm campaigns, and he recently met with former campaign staffers to gather feedback about improving it. The midterms didn’t see massive cyberattacks like the 2016 campaign, which meant that many of the DNC’s procedures weren’t tested. But DNC Chief Technology Officer Raffi Krikorian did notice one problem on Election Day: too many people jumping in whenever they saw suspicious cyber activity. “We were all trying to swarm around the soccer ball [and] being like, ‘I can help with that, too!’” said Krikorian. The need to clarify roles and responsibilities is one reason why Krikorian wants to convene tabletop exercises before 2020. Simulations are “definitely not something we did in preparation for this cycle,” he said, “but that would be a clear opportunity moving forward.”

National: Emails of top National Republican Congressional Committee officials stolen in major 2018 hack | Politico

The House GOP campaign arm suffered a major hack during the 2018 midterm campaigns, exposing thousands of sensitive emails to an outside intruder, according to three senior party officials. The email accounts of four senior aides at the National Republican Congressional Committee were surveilled for several months, the party officials said. The intrusion was detected in April by an NRCC vendor, who alerted the committee and its cybersecurity contractor. An internal investigation was initiated, and the FBI was alerted to the attack, said the officials, who requested anonymity to discuss the incident. However, senior House Republicans — including Speaker Paul Ryan of Wisconsin, Majority Leader Kevin McCarthy of California and Majority Whip Steve Scalise of Louisiana — were not informed of the hack until Politico contacted the NRCC on Monday with questions about the episode. Rank-and-file House Republicans were not told, either.

National: GOP Email Hack Shows How Bad Midterm Election Meddling Got | WIRED

Though sporadic hacker intrusions and phishing campaigns targeted political entities in the lead-up to November’s midterm elections, things seemed pretty quiet overall on the election-meddling front in the US. Certainly no leaks or theatrics rose to the level of Russia’s actions during the 2016 presidential election. But a belatedly revealed breach of the National Republican Congressional Committee shows just how bad the attack on the 2018 election really was. As Politico first reported Tuesday, attackers compromised the email accounts of four top NRCC aides, surveilling their correspondences—totaling thousands of messages—for months. The NRCC discovered the intrusion in April, and has been investigating it since. The Committee kept the incident quiet, though, and didn’t even inform Republican House leaders. NRCC officials told Politico that the stolen data hasn’t surfaced, and that no breach-related extortion attempts have targeted the NRCC so far.

National: Voting rights return as post-campaign issue | ABC

They are questions that are central to democracy: who gets to vote, how accessible is voting and ensuring all ballots are counted fairly. Voting rights and ballot access kept popping up as campaign issues this year. Now they’re post-campaign issues — unavoidable and more urgent than ever. Voter access is and has been central in Georgia, where Tuesday’s run-off for secretary of state will close the books on the 2018 midterms. The race has implications for 2020 and beyond, following a closely contested gubernatorial race where lawsuits still linger. In New Hampshire on Wednesday, the longest-serving secretary of state in the nation could lose his job. Bill Gardner, the Democrat who famously sets the first-in-the-nation primary date every four years, has come under attack because he participated in the now-disbanded voter-fraud commission created by President Donald Trump.

National: Cummings: Kemp should testify about voter suppression allegations | The Hill

Rep. Elijah Cummings (D-Md.), who’s expected to become the next chairman of the House Oversight and Government Reform Committee, said he wants Georgia Gov.-elect Brian Kemp (R) to testify before Congress about allegations that he suppressed minority voters during his tenure as Georgia’s secretary of state. “I want to be able to bring people in, like the new governor-to-be of Georgia, to explain … why is it fair for wanting to be secretary of state and be running [for governor],” Cummings told HuffPost in an article published Monday. Kemp’s heated race against Democratic candidate Stacey Abrams was marked by calls for him to resign from his post overseeing the state’s elections while he simultaneously ran for governor.

National: House Democrats to unveil political reform legislation as ‘H.R. 1’ | The Washington Post

House Democratic leaders on Friday unveiled the outline of a broad political overhaul bill that will include provisions for public financing of elections, voting rights reforms and new ethics strictures for federal officials. The bill has been in the works for months as part of Democrats’ “For the People” campaign platform, a framework that helped them win the House majority in this month’s midterm elections. Numerous outside groups aligned with Democrats have pushed the party’s House leaders to schedule a reform bill as their first order of business, and House Minority Leader Nancy Pelosi (D-Calif.) announced before the election that the bill would be designated “H.R. 1” — a symbolic title meant to emphasize its importance, even if it is unlikely to be the first piece of legislation to get a House vote in the new Congress.

National: Democrats vow quick action to bolster voting rights upon taking power | The Hill

House Minority Leader Nancy Pelosi (D-Calif.) on Friday outlined an ambitious overhaul to the way government operates — including legislation to strengthen voting rights protections. Pelosi, widely expected to be elected the next House Speaker, vowed to make it the first order of business when Democrats realize their newly won majority next year. The goal, Pelosi said, is “to reduce the role of money [and] advance fair elections, and one part of that is having the Voting Rights Act early on the agenda.” The effort would come following a midterm election that included a number of closely fought elections, including a tight race for governor in Georgia that was shadowed by accusations that black voters were being disenfranchised.

National: Bipartisan pair of senators introduces bill to create global election security information sharing program | The Hill

pair of senators on Friday introduced a bipartisan bill to create a program within the State Department to share information with U.S. global allies about election security. The measure would establish a way for the United States and other countries to share information on the best practices for administering elections, such as combating disinformation campaigns and conducting post-election audits. The bill is a companion to similar bipartisan legislation passed by the House earlier this year. Under the legislation, the new State Department program would offer grants to American nonprofit groups that work on election security to share information with similar groups in other countries. Foreign election officials would also be brought to the U.S. to study the election process and the program would offer U.S. election officials the chance to examine other nations’ election security measures.

National: Rosenstein urges tech to step up against disinformation | The Hill

Deputy Attorney General Rod Rosenstein on Thursday said social media companies need to protect their platforms from disinformation campaigns and properly police false or misleading content or they will face government regulation. “I think the companies now do understand if they do not take it upon themselves to self-regulate — which is essentially the theme of my talk today — they will face the potential of government regulation,” he said. Rosenstein’s remarks come amid fears that Iran and other countries are looking to take a page from Russia’s 2016 playbook and carry out sophisticated disinformation campaigns in the next presidential campaign.

National: Partisan Election Officials Are ‘Inherently Unfair’ But Probably Here To Stay | NPR

When Ohio State elections law professor Daniel Tokaji tells colleagues from other parts of the world about how the United States picks election officials, he says they’re stunned. “And not in the good way,” says Tokaji. That’s because in a large portion of the U.S., elections are supervised by an official who is openly aligned with a political party. It’s a system of election administration that’s routinely come under scrutiny over the past two decades, and did again in this year’s midterms especially in Georgia, Florida and Kansas. “Just about everyone recognizes that it’s inherently unfair for the umpire in our elections to be also a player on one of the two teams, Democrat or Republican,” Tokaji says.

National: EAC nominees testify before Senate panel on plans for election agency | The Hill

A pair of President Trump’s nominees for a federal election agency testified before a Senate panel Wednesday on their plans to help state and local officials administer elections. Donald Palmer and Benjamin Hovland testified before the Senate Rules and Administration Committee on their plans for the Election Assistance Committee (EAC), an agency that helps local officials administer their elections. Lawmakers are moving to add the pair to the election agency, with plans for a committee vote on their nominations next week. It would give the group its first quorum since March. Without the quorum, the EAC has been unable to take major policy moves. There are only two commissioners currently serving at the agency, which was formed as part of the Help America Vote Act of 2002.

National: EAC finally nearing ability to take major action | Politico

Congress will move closer to giving the Election Assistance Commission a full quorum of members today, when the Senate Rules Committee holds a confirmation hearing for President Donald Trump’s two EAC nominees, Donald Palmer and Benjamin Hovland. The tiny federal agency, which plays a key role in mediating conversations between state election officials and federal agencies like DHS, currently only has two members, and it needs three to vote on major policy decisions. It has lacked a quorum since March 23, when Matt Masterson, its former chairman, left following the expiration of his term and joined DHS. That lack of a quorum has threatened progress on a major EAC priority, the 2.0 update to its Voluntary Voting System Guidelines, which many states adopt as their voting system regulations. In a statement to MC, Senate Rules Chairman Roy Blunt touted the EAC’s role in securing elections and highlighted the commission’s lack of a quorum. “I look forward to hearing more from the nominees about how they would strengthen that partnership, in terms of information-sharing, technical assistance, and best practices, so the American people can be assured that election outcomes accurately reflect what happened on Election Day,” he said.

National: Microsoft uncovers more Russian hacking attempts | Winslow Record

Microsoft said Tuesday it has uncovered new Russian hacking attempts targeting U.S. political groups ahead of the midterm elections. The company said that a hacking group tied to the Russian government created fake internet domains that appeared to spoof two American conservative organizations: the Hudson Institute and the International Republican Institute. Three other fake domains were designed to look as if they belonged to the U.S. Senate. Microsoft didn’t offer any further description of the fake sites. The revelation came just weeks after a similar Microsoft discovery led Sen. Claire McCaskill, a Missouri Democrat who is running for re-election, to reveal that Russian hackers tried unsuccessfully to infiltrate her Senate computer network.