National

Arizona Secretary of State Adrian Fontes and New Hampshire Secretary of State David Scanlan are grappling with potential legal challenges to former President Donald Trump’s eligibility to appear on the 2024 ballot. The issue revolves around the 14th Amendment, which bars individuals who have “engaged in insurrection or rebellion” from holding public office. The question of whether Trump’s actions on January 6, 2021, qualify under this clause has gained attention among legal scholars, and state election officials are preparing to address any challenges while ensuring a smooth election process. Both Fontes and Scanlan emphasize that their primary goal is to run the elections efficiently while handling any legal matters that arise. Read Article

National: Constitutional debate over Trump’s eligibility to run more extensive than realized | Zach Montellaro/Politico

Election officials in several states, including Colorado, Arizona, Michigan, and New Hampshire, have been contemplating the application of the 14th Amendment’s “insurrection clause” to potentially bar former President Donald Trump from seeking the presidency again. The legal theory argues that Trump’s actions post-oath of office could disqualify him. While some officials, like Georgia’s Brad Raffensperger, believe they lack the authority to make this determination, the liberal watchdog group Citizens for Responsibility and Ethics in Washington (CREW) has filed a lawsuit in Colorado to declare Trump ineligible, marking one of the first lawsuits on this matter. Colorado Secretary of State Jena Griswold, who supports the lawsuit, emphasizes the unprecedented nature of this situation and the need for legal resolution regarding ballot access. Other organizations are also urging secretaries of state to disqualify Trump, with Free Speech for People and Mi Familia Vota Education Fund sending letters to officials in nine states, including Georgia and Michigan, in July. Read Article

National: TechScape: As the US election campaign heats up, so could the market for misinformation | Kari Paul/The Guardian

Twitter, now rebranded as X, has reversed its global ban on political advertising since 2019, raising concerns about the potential spread of misinformation ahead of the 2024 elections. This shift in policy is attributed to Elon Musk’s push for profitability and his identification as a “free speech absolutist.” Musk’s decisions, including the lifting of bans on accounts like Donald Trump’s, have sparked alarm among experts, who worry that these policy changes, coupled with workforce reductions, could hamper the platform’s ability to combat misinformation. Other platforms like YouTube and Meta have also made policy reversals regarding election integrity and the reinstatement of accounts spreading misinformation, potentially creating an environment ripe for misinformation wars. Additionally, the rise of generative AI poses a new risk for manipulating public perception on a large scale. Read Article

Voting Blogs: EagleAI – A New Antidemocracy Tool | Andrew Garber and Alice Clapman/Brennan Center for Justice

EagleAI NETwork, a new project supported by prominent election deniers, including Jason Frazier and Cleta Mitchell, is raising concerns about its potential to undermine voting rights and elections. EagleAI relies on a database of public voter data to identify potentially ineligible voters using unreliable criteria, such as matching names on voter lists with change-of-address forms or felony convictions, or even nursing home registrations, which can potentially disenfranchise voters. It allows amateur investigators to auto-prepare challenge forms, making it a clearinghouse for mass voter challenges, which, when based on unreliable data, often disrupt election administration, intimidate voters, and fuel election misinformation. The project’s backers are pushing to replace responsible voter list maintenance tools like the Electronic Registration Information Center (ERIC) with EagleAI, posing risks to accurate voter rolls and potentially enabling more election misinformation. Read Article

National: Cybersecurity experts say the west has failed to learn lessons from Ukraine | Mehul Srivatsava/Ars Technica

Ukraine’s success in defending against Russian cyberattacks during its conflict with Russia has been acknowledged and studied by Western nations, including the United States. However, experts argue that the West has struggled to replicate the collaborative and fast-moving responses that were key to Ukraine’s success. Regulatory and legal roadblocks, as well as a reluctance to share sensitive or embarrassing information, have hindered efforts to defend against cyber threats. Some believe that radical transparency, where organizations openly share information about breaches and threats, could be a more effective approach. The fear of escalation in cyber conflicts is also a factor influencing responses to cyber threats. Read Article

National: State election officials studying whether 14th Amendment disqualifies ‘insurrectionist’ Trump from ballot | Marshall Cohen/CNN

Election officials in key battleground states are exploring the legal possibilities of disqualifying Donald Trump from running for president under the 14th Amendment, which prohibits insurrectionists from holding public office. While the Constitution doesn’t outline how to enforce this ban, it has only been used twice since the late 1800s, mainly against former Confederates. Officials in New Hampshire and Michigan are examining this provision’s potential applicability to the upcoming presidential election, and they may act in concert with other key states. Liberal activists and constitutional scholars previously tried to disqualify lawmakers using the 14th Amendment but faced limited success. Protracted legal battles are expected if officials pursue this route to disqualify Trump. Read Article

National: Election workers have gotten death threats and warnings they will be lynched, the US government says | Lyndsay Whitehurst and Christina A. Cassidy/Associated Press

More than a dozen individuals have been charged by a US Justice Department unit focused on preventing violent threats against election workers, as government employees face ongoing threats, even during non-election periods, largely fueled by false claims about the 2020 election. Experts worry that the situation could worsen in the lead-up to the 2024 election and call for greater protection of election workers. The task force, created in 2021, has filed 14 cases so far, with two resulting in prison sentences. Threats against election workers are making it increasingly difficult to retain experienced personnel, which could pose challenges for the 2024 election. Read Article

National: Nearly every battleground state is at risk of election denialism interfering in 2024 | Brian Hinkle/The Fulcrum

More than two-thirds of American voters live in states at moderate or high risk of election denialism jeopardizing future elections. The threats posed by election denialism include interference in election offices, harassment and violence against election officials, and disinformation campaigns. The article suggests several policy solutions for states to counter these threats, including enacting statewide voting rights acts, implementing stronger nonpartisan election administration policies, protecting election officials, and increasing transparency measures. It emphasizes the importance of addressing election denialism to protect and strengthen democracy in the United States. Read Article

National: Mr. Bot goes to Washington: AI will change American elections, but not in the obvious way | The Economist

The use of AI-generated deepfakes in political campaigns, while raising concerns about manipulation and disinformation, may not have a significant impact on elections, according to experts. Research suggests that most voters are immune to persuasion, whether by fake or truthful news, and tend to view political messages as spam. Moreover, social media is not the primary source of news for many people, and they often distrust any political content they encounter online. While AI-generated deepfakes could influence elections by saturating social media with misleading information, they are more likely to reinforce existing beliefs rather than change minds. However, AI could make spreading such content more cost-effective and sophisticated. Read Article

National: Violent threats, racist messages: Bipartisan officials call the aftermath of the 2020 election ‘terrifying’ | Sudiksha Kochi/USA Today

Officials from various states have reported receiving threats and facing intimidation from supporters of former President Donald Trump after the 2020 election. For instance, Philadelphia City Commissioner Omar Sabir faced threats and had to change his daily routines due to concerns for his safety. Arizona House Speaker Rusty Bowers received threats after refusing to reject the 2020 election results, and Republican Georgia Secretary of State Brad Raffensperger and his family received threats as well. Michigan Attorney General Dana Nessel also expressed concerns about threats and a plot to overturn the results of the election in her state. These incidents shed light on the consequences of the false claims of election fraud and the pressure campaign that followed the 2020 election. Read Article

National: Federal judge rejects bids to halt Georgia prosecution of Trump aides over 2020 election | Kyle Cheney and Josh Gerstein/Politico

A federal judge rejected the emergency filings made by former Trump administration officials Mark Meadows and Jeffrey Clark, ensuring that they will face arrest this week. Meadows and Clark, who are charged with former President Donald Trump in a racketeering conspiracy to undermine the results of the 2020 election, had requested the court to prohibit the arrest by a Friday deadline, arguing that their cases should be handled and dismissed by federal courts due to their work for the Trump administration. The judge ruled that state proceedings can continue while the federal court considers whether to shift the case to the federal system. This is part of a broader case by District Attorney Fani Willis to prosecute the 2020 election subversion conspiracy. Read Article

National: In Trump cases, experts say defendant’s rhetoric will be hard to police | Devlin Barrett, Spencer S. Hsu, Isaac Arnsdorf/The Washington Post

The challenge of keeping politics out of a criminal prosecution becomes particularly difficult when politicians are both the alleged perpetrators and the candidates for higher office. In the case of the 2020 election obstruction charges against former President Donald Trump, U.S. District Judge Tanya S. Chutkan’s efforts to prevent political influences from affecting the case are met with significant complexities. Trump’s political activity and rhetoric during his candidacy could potentially hinder the fair progression of legal proceedings. Balancing the protection of the judicial process with First Amendment rights and potential voter influence proves to be a challenging endeavor for the judge. Read Article

National: This issue could knock Trump off ballots nationwide. Get ready for it to dominate primary season | David Lauter/Los Angeles Times

Efforts are underway to use Section 3 of the 14th Amendment to bar Donald Trump from running for office, citing his conduct during the Capitol attack. Section 3 disqualifies individuals from office if they’ve engaged in “insurrection.” This provision has been receiving renewed attention as conservative legal scholars argue that Trump’s behavior aligns with its meaning. Liberal legal groups have started researching state laws and working with voters to challenge Trump’s access to the ballot. The challenges are likely to come towards the end of this year and early next year, possibly leading to a Supreme Court showdown, which could significantly disrupt the primary season. Read Article

National: Republicans want the next GOP president to curb election security agency that angered Trump | Laura Gersony/ABC

In preparation for a potential Republican victory in the next U.S. presidential election, an influential group of Republicans, under the initiative called Project 2025 led by the Heritage Foundation think tank, is proposing to scale back the federal government’s oversight of online misinformation. The proposal specifically targets the Cybersecurity and Infrastructure Security Agency (CISA), a part of the Department of Homeland Security focused on guarding critical infrastructure, including election systems. Project 2025 recommends ending CISA’s efforts to counter misinformation and disinformation, arguing that the federal government shouldn’t be the “arbiter of truth.” Critics, including some democracy experts, are concerned that such a move could hamper efforts to address false information online and its potential impacts on democracy. Read Article

National: To Protect Elections, Protect Researchers | Center for Democracy and Technology

The Center for Democracy & Technology (CDT) underscores the crucial role that independent election integrity researchers play in identifying and mitigating threats to free and fair elections, including foreign influence operations, domestic disinformation, and cyberattacks on election infrastructure. However, these researchers are facing unprecedented obstacles and attacks, including lawsuits, hostile political actors, limited access to platform data, and platforms’ reduced commitment to online trust and safety. The CDT emphasizes that election integrity researchers are essential for evidence-based policymaking and complement the research conducted by platforms themselves. With the upcoming convergence of major elections globally, the spread of generative AI, and increasing political attacks on researchers’ work, the CDT calls for support and empowerment of these researchers, suggesting actions by funders, governments, and platforms to ensure their ability to combat election disinformation and safeguard democracy. Read Article

Georgia election indictment highlights wider attempts to illegally access voting equipment | Christina A. Cassidy/Associated Press

Several individuals, including former President Donald Trump and his allies, have been charged with multiple counts related to a “conspiracy to unlawfully change the outcome of the election in favor of Trump.” The indictment includes charges related to the breach of election equipment in Coffee County, Georgia, where Trump allies attempted to access voting systems to prove their claims that the 2020 election had been rigged. The charges highlight that the efforts to overturn the election extended beyond state officials and lawmakers to local government and suggests a wider effort to undermine elections. The indictment argues that these breaches were part of a conspiracy by Trump and his associates to overturn the election results. The charges include conspiracy to commit election fraud, conspiracy to commit computer theft, and conspiracy to defraud the state. Read Article

National: How DEF CON’s election hackers are trying to protect themselves | John Sakellariadis/Politico

At the DEF CON hacker convention in Las Vegas, organizers of the event’s “Voting Village” hacking event took extensive security measures to protect the physical safety of security researchers who were attempting to hack into election equipment. Threats and harassment against researchers have increased due to disinformation and conspiracy theories surrounding election security, particularly after former President Donald Trump’s efforts to overturn the 2020 election. This rise in disinformation-fueled threats is prompting election administrators, poll workers, and security researchers to take new precautions to ensure their physical safety while conducting their work. The measures included undercover security consultants, tighter monitoring of attendees, and briefings for volunteers on dealing with potential agitators. This reflects the growing need to address not only cybersecurity but also physical security in the realm of election protection. Read Article

National: Trump indictment underscores election security risk for 2024 | John Sakellariadis/Politico

The alleged theft of voting system software from an elections office in Coffee County, Georgia, which is central to the latest indictment of former President Donald Trump and his allies, underscores a growing security risk to future elections. Election security experts have cautioned that such software theft could provide a blueprint for malicious actors to identify vulnerabilities and develop malware to exploit them. The indictment officially links Trump allies to the theft of voting system software in Georgia and other states following the 2020 election, with the indictment alleging coordination between Trump’s lawyer, Sidney Powell, and local GOP officials. Dominion Voting Systems, whose software was stolen, has introduced a software upgrade to address identified bugs, but implementing these upgrades before the 2024 election is a challenge. Read Article

National: Rising political threats take US into uncharted territory as 2024 election looms | Nicholas Riccardi/Associated Press

The recent fatal shooting of a 74-year-old Utah man by FBI agents after he threatened to assassinate President Joe Biden is the latest instance highlighting the dangerous impact of violent rhetoric in the U.S. Just days before this incident, a Texas man was sentenced to prison for threatening to kill Arizona election workers, and a Michigan woman was charged for lying to buy guns for her son who threatened violence against Biden and the state’s governor. Threats against public officials have surged, with a doubling of threats against members of Congress and an explosion of threats against election workers, leading to concerns about the health of American democracy and the potential for political violence. Experts warn that such violent rhetoric can be a precursor to actual violence, with lone attackers being a significant concern. Read Article

National: How alleged computer crimes figure into latest indictment of Trump, allies | Tim Starks/The Washington Post

An indictment in Georgia has charged four individuals, including attorney Sidney Powell, with conspiracy to commit computer theft, computer trespass, and computer invasion of privacy, among other charges, related to their promotion of the disproven narrative that Donald Trump won the 2020 election. The indictment alleges that Powell hired a firm to perform computer forensic collections and analytics on Dominion Voting Systems equipment in Michigan and elsewhere, and a breach of election equipment in Coffee County occurred under this agreement. The indictment also mentions unindicted co-conspirators and includes charges against Rudy Giuliani for allegedly making false statements about election workers and USB ports. The indictment is part of a broader legal effort to hold individuals accountable for spreading false election claims and attempting to undermine the legitimacy of the election. Read Article

National: After Years of Spreading Lies, Election Deniers Face Consequences | Nick Corasaniti/The New York Times

The legal consequences are beginning to catch up with many of former President Donald Trump’s allies who were involved in efforts to overturn the 2020 election results. In Michigan, three leading election deniers were charged with felonies for attempting to obtain and inspect election machines. Trump himself was indicted in a federal investigation related to his actions surrounding the 2020 election. Additionally, Trump and 18 others, including figures like Rudy Giuliani, Sidney Powell, and John Eastman, were charged with attempts to interfere with the outcome of the election in Georgia. These charges represent a growing legal effort to hold individuals accountable for spreading false claims and attempting to undermine the legitimacy of the election. Read Article

Abused and stalked, US election workers are bracing for 2024 | Madeline Halpert/BBC

As legal action ensues against former President Donald Trump and his allies over alleged plots to overturn election results in Georgia, poll workers are expressing enduring impacts from false claims of ballot fraud. Unsubstantiated claims of election fraud in 2020 led to stalking, intimidation, and death threats for hundreds of election workers across the United States. The allegations have ushered in an era of harassment for election workers, impacting both their lives and the broader electoral process. Despite legal actions, the divisive consequences of these claims are likely to persist during the 2024 general election and continue to affect political legitimacy. Read Article

National: Congress Has Little Time to Help Election Workers Before 2024 | Eric Cortellessa/Time

As Congress returns from its August recess, the upcoming budget negotiations have taken on heightened importance, with Democrats pushing to include funding for state and local election workers’ protection. This push comes as former President Donald Trump faces multiple criminal indictments and runs to reclaim the White House, raising concerns about election integrity. The two main objectives are to increase funding for election offices and pass an election security bill that strengthens penalties for harassing or intimidating election administrators. These efforts are driven by the surge in death threats, online intimidation, and abuse faced by election officials. While surveys show bipartisan public support for funding state and local elections, navigating the deeply divided Congress poses a challenge for passing such legislation. Read Article

National: ‘Fake’ elector plot raised concerns over legal peril, indictment shows | Amy Gardner, Patrick Marley, Yvonne Wingett Sanchez and Josh Dawsey/The Washington Post

A federal indictment filed against Donald Trump accuses him of trying to overturn the 2020 election by involving a group of loyal Pennsylvania Republicans to cast state electoral votes for him even after Joe Biden had been declared the certified winner in Pennsylvania. The indictment alleges that the campaign officials, led by Rudy Giuliani, told the electors they were meeting on a contingency basis only, but campaign officials circulated language to add to the Pennsylvania elector certificates to be submitted to Washington asserting that the votes were intended to count only if Trump prevailed in litigation in the state. The indictment also reveals the extent of discomfort and doubt among some of the Pennsylvania electors about the scheme’s legitimacy. Read Article

National: Previously Secret Memo Laid Out Strategy for Trump to Overturn Biden’s Win | Maggie Haberman, Charlie Savage and Luke Broadwater/The New York Times

A newly revealed internal campaign memo has shed light on a plot by a lawyer allied with former President Donald Trump to use false electors to subvert the 2020 election. The memo, authored by Kenneth Chesebro, outlines a strategy involving fraudulent electors that aimed to draw attention to voter fraud claims and buy the Trump campaign more time through legal battles. While the plan was not ultimately executed, the memo provided details about how the strategy originated and was discussed behind the scenes. The document reveals a calculated effort to create confusion and derail the proper certification of Joe Biden’s victory. Read Article

National: Giuliani claims ‘dog ate my homework’ in Smartmatic case, lawyers say | Martin Pengelly/The Guardian

The voting machine company Smartmatic, which is involved in a $2.7 billion defamation lawsuit, has accused Rudy Giuliani, the former personal attorney to Donald Trump, of using excuses to avoid the discovery process in the case. Giuliani, along with Fox News, is named in the lawsuit. Smartmatic’s lawyers likened Giuliani’s excuses to those of “the dog ate my homework” and claimed that he has not produced any non-public documents responsive to their discovery requests made 14 months ago. Giuliani is facing legal jeopardy due to his involvement in efforts to overturn the 2020 election results, and he is also being sued for defamation by other parties. Read Article

National: Federal Election Commission moves toward potentially regulating AI deepfakes in campaign ads | Ali Swenson/Associated Press