National

The Supreme Court’s rejection of the “independent state legislature theory” has effectively eliminated a controversial scheme used by Donald Trump in his attempt to overturn the 2020 election results. The scheme involved friendly state legislatures appointing alternate slates of pro-Trump electors, despite state laws certifying Joe Biden’s victory. Trump and his allies argued that state legislatures had the power to unilaterally reverse the outcome, even if it contradicted their own laws and constitutions. The theory, promoted by attorneys like John Eastman, had not been directly ruled on by any court, allowing proponents to present it as a plausible interpretation of constitutional law. However, the Supreme Court’s recent decision in Moore v. Harper rejected the theory, signaling that state legislatures do not have unvarnished power and cannot replace the popular will. This decision has significant implications for future presidential contests, particularly in undermining similar attempts to subvert election results. Read Article

National: What the Supreme Court’s rejection of a controversial theory means for elections | Hansi Lo Wang/NPR

The Supreme Court ruling on the “independent state legislature theory” has brought stability to upcoming elections by confirming that state lawmakers’ power to control congressional elections can be checked by state courts and constitutions. The ruling rejects the extreme version of the theory and avoids potential chaos in the election system. However, it leaves a legal question about the boundaries of state courts’ authority, which may invite future requests for the Supreme Court to review state court rulings. The ruling does not directly affect North Carolina’s congressional map but raises questions about Ohio’s redistricting plan. Read Article

National: GOP state legislatures seek greater control over state and local election offices | Christina A. Cassidy/Associated Press

Republican lawmakers in several states have been seeking to increase their authority over state and local election offices, leading Democrats to warn of potential targeting of left-leaning counties in future elections. These efforts include granting legislative approval of court settlements in election-related lawsuits and creating avenues for taking control of local election offices. The moves have escalated since the 2020 presidential election, with Republicans characterizing them as necessary oversight while Democrats criticize them as power grabs that could interfere with voting. The concerns raised include fears of partisan manipulation and uncertainty surrounding election results. Read Article

National: A.I.’s Use in Elections Sets Off a Scramble for Guardrails | Tiffany Hsu and Steven Lee Myers/The New York Times

The use of artificial intelligence (AI) in political campaigns is on the rise, with candidates employing AI-generated content such as fake images, videos, and messages to shape public opinion and gain an edge. This emerging trend has raised concerns among political consultants, lawmakers, and election researchers, who argue that regulations are needed to address the potential spread of disinformation and manipulation. Existing defenses, such as social media rules and content detection services, have proven inadequate in curbing the proliferation of AI-generated campaign materials. While some politicians view AI as a cost-effective tool for instant responses and data analysis, experts warn that the technology’s ability to create convincing fake content can reinforce biases, deepen partisan divides, and undermine trust in the democratic process. Legislation requiring disclaimers for political ads featuring AI-generated content has been proposed in the United States, aiming to protect voters from deceptive campaigns. Read Article

National: Election officials suffer threats, harassment as 2024 looms | Chris Arnold/NPR

threats, harassment, and safety concerns as they prepare for the 2024 elections. Despite the lack of evidence of widespread voter fraud, election workers continue to receive threats from individuals who believe in former President Donald Trump’s false claims about rigged elections. The threats range from general harassment and abuse to more direct threats, including death threats and threats against their families. The Department of Homeland Security has warned that the next presidential race could mobilize individuals to commit violence. Many election officials are seeking additional resources to improve security and combat misinformation. Some workers are considering leaving their jobs due to the fear and harassment they face, while others are determined to continue their work in conducting free and fair elections. Read Article

National: How AI is changing the 2024 election | Rebecca Klar and Julia Manchester/The Hill

The use of generative artificial intelligence (AI) in political campaigns is expected to reach a significant turning point in the 2024 election cycle. Concerns arise regarding the spread of misinformation and how voters will react to artificially generated content in the politically polarized environment. The presidential campaigns for former President Trump and Florida Governor Ron DeSantis have already produced high-profile videos using AI, raising questions about the deceptive nature of such content. While proponents of AI acknowledge the risks, they believe it will play a consequential role in campaigning. However, the difficulty of discerning AI-generated content may lead to increased skepticism among voters. The burden of deciphering what is AI-generated will ultimately fall on voters, as regulations struggle to keep up with the rapidly evolving technology. Read Marticle

National: The cyber argument for regulating AI | Tim Starks/The Washington Post

Senate Majority Leader Charles E. Schumer and Nathaniel Fick, the State Department’s ambassador at large for cyberspace and digital policy, have emphasized the need for swift regulation of artificial intelligence (AI) due to cyber-related risks. Schumer highlighted concerns about AI being used to manipulate and discredit elections by creating convincing fake images and footage of political candidates. Fick expressed worries about AI-empowered misinformation and cyberattacks, urging the development of regulatory structures to address these threats. The article also mentions other lawmakers who have proposed legislation to tackle AI-related issues, and it highlights the growing concern among cyber professionals about AI’s potential for malicious activities. Fick acknowledged that while AI’s capabilities for writing malicious code may currently be limited, its rapid development could lead to unforeseen dangers in the future. Both Schumer and Fick stressed the importance of acting quickly to protect democracy and cybersecurity from the risks posed by AI. Read Article

National: States with low election turnout did little in 2023 to expand voting access | Zachary Roth/States Newsroom

An analysis by States Newsroom reveals that eight U.S. states with turnout rates below 50%—Tennessee, West Virginia, Mississippi, Oklahoma, Hawaii, Arkansas, Indiana, and Alabama—did little to boost voter turnout this year. Instead, some of these states passed new restrictions that could make voting more difficult. The correlation between ease of voting and turnout suggests that making voting easier is a clear path to addressing low turnout rates, but most of these states are not pursuing that path. Several election officials in these states have stated that encouraging voting is not their job, and the findings highlight how inaction can be as powerful as active voter suppression. Read Article

National: Attorney John Eastman, who advised Trump’s efforts to undermine 2020 election, faces potential disbarment | Alanna Durkin Richer/Associated Press

Attorney John Eastman, known for his role in developing a legal strategy to overturn the 2020 election and keep Donald Trump in power, is facing disbarment in California. Prosecutors argued that Eastman concocted baseless theories and made false claims of fraud in an attempt to undermine the election results. Eastman’s attorney countered that his client never intended to steal the election but was exploring ways to delay the electoral vote count for investigations into alleged voting improprieties. The proceedings are expected to last at least eight days, and if found culpable, Eastman could face punishment such as suspension or revocation of his law license. The investigation into efforts to overturn the election results is separate from another probe into classified documents found at Trump’s Mar-a-Lago estate that led to felony charges against him. Read Article

Wisconsin: Attacks on election workers would be a felony under proposal being considered in legislature | Anya van Wagtendonk/Wisconsin Public Radio

A bipartisan proposal circulating through Wisconsin’s state Capitol aims to protect election workers by limiting public access to their identifying information and imposing harsher penalties for attacks on them. The bill would exempt many records containing personal details about poll workers from public access and make physically harming an election official or worker a felony offense. It would also extend whistleblower protection to election workers who report concerns about election fraud or irregularities. The proposal comes in response to the increase in harassment and threats faced by election workers during the 2020 election. Read Article

National: Election officials sound the alarm about violence against poll workers | Ayah Mahana/Politico

A group of former and current election officials in the United States is urging Congress to provide $400 million in federal funding to improve the working conditions and security measures for poll workers ahead of the 2024 election cycle. Threats against election workers have increased since the 2020 presidential election, with three out of four election officials reporting a spike in threats. The threats, often originating from individuals who deny the election results, have led to resignations and a shortage of experienced poll workers. Swing states like Arizona, Georgia, Michigan, and Pennsylvania have been particularly affected by threats of violence. The proposed funding would be used for training, doxxing prevention, privacy services, home security, and federal protections against threats. The aim is to ensure safe, free, and fair elections by addressing the rising concerns of violence against poll workers. Read Article

National: Trump Supporters’ Violent Rhetoric in His Defense Disturbs Experts | Michael S. Schmidt, Alan Feuer, Maggie Haberman and Adam Goldman/The New York Times

The federal indictment of former President Donald J. Trump has sparked a dangerous wave of calls for violence and an uprising from his supporters, creating a concerning atmosphere ahead of his court appearance in Miami. Trump’s close allies, including a member of Congress, have portrayed the indictment as an act of war, sought retribution, and…

National: Security Analysis of the Dominion ImageCast X | J. Alex Halderman/Freedom to Tinker

Today, the Federal District Court for the Northern District of Georgia permitted the public release of Security Analysis of Georgia’s ImageCast X Ballot Marking Devices, a 96-page report that describes numerous security problems affecting Dominion voting equipment used in Georgia and other states. I prepared the report two years ago, together with Prof. Drew Springall of Auburn University, as part of a long-running voting-rights lawsuit, Curling v. Raffensperger. Back in September 2020, the Court granted the Curling Plaintiffs access to one of Georgia’s touchscreen ballot marking devices (BMDs) so that they could assess its security. Drew and I extensively tested the machine, and we discovered vulnerabilities in nearly every part of the system that is exposed to potential attackers. The most critical problem we found is an arbitrary-code-execution vulnerability that can be exploited to spread malware from a county’s central election management system (EMS) to every BMD in the jurisdiction. This makes it possible to attack the BMDs at scale, over a wide area, without needing physical access to any of them. Read Article

National: At least 11 states have enacted restrictive voting laws this year, new report finds | Shania Shelton/CNN

A recent analysis by the Brennan Center for Justice at New York University’s law school reveals that 11 states have implemented 13 restrictive voting laws in 2023. This number surpasses the total of restrictive laws passed in any year over the past decade, with the exception of 2021, when 14 states enacted 22 such laws following the 2020 election. Additionally, 13 states have passed 19 expansive voting laws this year, making it easier for individuals to vote. The report highlights ongoing attempts by state legislatures to alter election laws in the wake of widespread election denialism, propagated by former President Donald Trump and his allies. The restrictive laws include measures like limiting access to mail voting and implementing stricter voter identification requirements. Read Article

National: ‘Fundamentally dangerous’: reversal of social media guardrails could prove disastrous for 2024 elections | Kari Paul/The Guardian

The convergence of increasing misinformation on social media, reduced content moderation by platforms, and the influence of AI poses a significant threat to democracy in the 2024 elections, according to experts. YouTube recently reversed its election integrity policy, allowing content questioning the validity of the 2020 elections to remain on the platform. Meta has reinstated the Instagram account of Robert F Kennedy Jr, known for spreading misinformation, and plans to allow Donald Trump to post again. Twitter has also seen a rise in misinformation since Elon Musk took over. These trends, coupled with the lack of transparency around moderation decisions, can further polarize voters and erode confidence in the electoral process. Experts call for stricter moderation rules, transparency, and a mutual agreement on the use of AI to address the crisis. Read Article

National: Supreme Court upholds Voting Rights Act in Alabama redistricting case | Nina Totenberg/NPR

In a 5-4 vote, the U.S. Supreme Court preserved the way legislative districts must be drawn under the landmark Voting Rights Act. The case involved Alabama’s congressional redistricting plan, which packed Black voters into one district, limiting their chance to elect a second representative in a racially polarized state. The court found that the state legislature’s plan constituted an illegal racial gerrymander and affirmed the district court’s ruling. Chief Justice John Roberts, who had previously supported decisions that weakened the voting law, authored the majority opinion, joined by a coalition of conservative and liberal justices. The decision has implications for redistricting in other states with significant Black populations, potentially reconsidering how congressional lines are drawn. Read Article

National: States have introduced nearly 200 bills this year to ‘subvert’ elections, report finds | Adam Edelman/NBC

A report by nonpartisan groups States United Democracy Center, Protect Democracy, and Law Forward reveals that legislators in 38 states have introduced approximately 200 bills this year that could potentially undermine elections. The analysis, obtained by NBC News, shows that predominantly Republican lawmakers put forth 185 bills between January 1 and May 3 that would politicize, criminalize, or interfere with elections, thus increasing the risk of subverting the democratic process. The report highlights the persistence of the election denial movement and warns that attempts to overturn elections may continue if such legislation is not addressed. The bills aim to inject confusion, create delays, erode public trust, and allow partisan actors to exploit the outcome of close elections. Read Article

National: These Activists Distrust Voting Machines. Just Don’t Call Them Election Deniers. | Stuart A. Thompson/The New York Times

Election integrity advocates find themselves in a challenging position as they push for security while inadvertently amplifying claims made by conspiracy theorists. The overlap between their warnings about potential hacking of election machines and conspiracy theorists’ unfounded claims is a consequence of Trump’s false voter fraud allegations, leading to doubts about election integrity. Activists fear being associated with conspiracy theorists, hindering their efforts and eroding trust in the electoral system. The debate intensifies in New York as officials consider certifying machines by ES&S, a company targeted by Trump. Activists and experts express concerns about the machines’ cost, potential errors, and security, but caution against overblowing the hacking threat, emphasizing no evidence of hacking in the 2020 election. Read Article

Editorial: How AI could take over elections – and undermine democracy | Archon Fung and Lawrence Lessig/The Conversation

Could organizations use artificial intelligence language models such as ChatGPT to induce voters to behave in specific ways? Sen. Josh Hawley asked OpenAI CEO Sam Altman this question in a May 16, 2023, U.S. Senate hearing on artificial intelligence. Altman replied that he was indeed concerned that some people might use language models to manipulate, persuade and engage in one-on-one interactions with voters. Altman did not elaborate, but he might have had something like this scenario in mind. Imagine that soon, political technologists develop a machine called Clogger – a political campaign in a black box. Clogger relentlessly pursues just one objective: to maximize the chances that its candidate – the campaign that buys the services of Clogger Inc. – prevails in an election. Read Article

The 2024 race promises to be ‘very, very active’ in terms of foreign and domestic meddling, says former CISA chief | Elias Groll/CyberScoop

Chris Krebs, the former head of the U.S. Cybersecurity and Infrastructure Security Agency (CISA), predicts that foreign adversaries like Russia and China will engage in activities to disrupt or influence the next election. Krebs, who was fired by President Trump over his comments about the 2020 election, expects an active threat landscape with increased motivations for foreign actors to meddle in the election. He distinguishes between “influence” (shaping public opinion) and “interference” (attacking election infrastructure) and anticipates a similar narrative and misbehavior in the 2024 election as seen in 2020. Krebs also highlights the adoption of foreign adversaries’ playbooks by domestic actors and expresses concern about threats to the election posed by violent threats against poll workers and the integrity messaging that may be adopted by Trump. Read Article

How I Won $5 Million From the MyPillow Guy and Saved Democracy | Bob Zeidman/Politico

If you watch TV, especially conservative TV, you know Mike Lindell. He’s the guy who comes on every 10 minutes or so to sell his pillows for “the best night’s sleep in the whole wide world.” He’s also the guy who has sunk tens of millions of dollars into supporting investigations and lawsuits that claim the 2020 presidential election was stolen from Donald Trump. And I just took him for $5 million. You may have read a little about it. In the summer of 2021, Lindell announced that he was going to hold a “Cyber Symposium” in Sioux Falls, S.D., to release data that proved that U.S. voting machines were hacked by China. He said he would even pay $5 million to anyone who could disprove his data. Right away, friends started calling to ask me if I was planning to go. After all, I invented the field of software forensics, the science of analyzing software source code for intellectual property infringement or theft. Still, I wasn’t sure. There are a lot of experts that could analyze data. And no one in their right mind would offer $5 million if the data wasn’t real and verified, right? Anyway, the symposium ran three days — not nearly long enough to analyze and verify any data. Read Article

National: Tussle in Texas over how elections are run could spread to other states | Matt Vasilogambros/Stateline

Democratic lawmakers and independent election experts are warning that a move by Texas Republicans to abolish the position of Harris County elections administrator and grant new oversight powers to the governor-appointed secretary of state could set a precedent for other GOP leaders across the country who aim to influence elections in their favor. Republicans argue that Harris County mishandled the 2020 midterm election, and the new bills seek to address these alleged errors. However, Democrats and experts view the measures as a power grab, with concerns that other states may adopt similar strategies. The bills eliminate the county election administrator position and allow the secretary of state to assume control over election administration in case of persistent voting irregularities. Read Article

National: Trump White House Aides Subpoenaed in Firing of Election Security Expert | Maggie Haberman and Jonathan Swan/The New York Times

The special counsel investigating former President Donald J. Trump’s efforts to cling to power after he lost the 2020 election has subpoenaed staff members from the Trump White House who may have been involved in firing the government cybersecurity official whose agency judged the election “the most secure in American history,” according to two people briefed on the matter. The team led by the special counsel, Jack Smith, has been asking witnesses about the events surrounding the firing of Christopher Krebs, who was the Trump administration’s top cybersecurity official during the 2020 election. Mr. Krebs’s assessment that the election was secure was at odds with Mr. Trump’s baseless assertions that it was a “fraud on the American public.” Read Article

National: GOP-led states plan new voter data systems to replace one they rejected. Good luck with that. | Zachary Roth/Louisiana Illuminator

Several Republican-led states have withdrawn from the Electronic Registration Information Center (ERIC), an interstate compact for sharing voter registration data, and some are planning to create their own data-sharing networks. The move to leave ERIC has raised concerns about the ability of these states to maintain accurate voter rolls and ensure smooth elections. Building a new system for data sharing is a complex task that requires significant time, resources, and technical expertise, including access to motor vehicle department data and sophisticated statistical analysis. Previous efforts to create similar data-sharing pacts have failed due to flawed approaches and privacy concerns. Replicating the effectiveness of ERIC would be challenging for any state, and it is unlikely to be achieved quickly or cheaply. Read Article

National: Deepfaking it: America’s 2024 election collides with AI boom | Alexandra Ulmer and Anna Tong/Reuters

The rise of generative AI tools has led to a surge in deepfake videos in the polarized world of U.S. politics, blurring the lines between fact and fiction. These deepfakes, realistic yet fabricated videos created using AI algorithms, are becoming increasingly convincing and accessible due to new tools. This poses a significant challenge for voters in distinguishing real from fake content, as political actors on both sides could use deepfakes to manipulate public opinion. Major social media platforms have made efforts to prohibit and remove deepfakes, but their effectiveness varies. The rapid development of generative AI technology raises concerns about the potential for mass misinformation during elections, with limited safeguards in place. Read Article

Editorial: AI Could Save Politics—If It Doesn’t Destroy It First | Russell Berman/The Atlantic

The article discusses the potential impact of artificial intelligence (AI) on American democracy and political campaigns. While there are concerns about the negative effects of AI, such as voice impersonation and deep-fake videos influencing elections, some tech entrepreneurs believe that AI can dramatically reduce the cost of running for office and create a more accessible democracy. AI can automate mundane campaign tasks and make them more affordable, allowing smaller campaigns to compete with well-funded ones. However, skeptics argue that AI may not democratize campaigning as much as hoped, as wealthier organizations can also leverage its capabilities to gain an advantage. Deep-fake videos are another concern, with fears of their potential impact on voter trust and the need for global standards to address the issue. Despite the debates, the rapid evolution of AI introduces uncertainty, making it difficult to predict its exact impact on future campaigns. Read Article

Elections in UK and US at risk from AI-driven disinformation, say experts | Dan Milmo and Alex Hern/The Guardian

Experts have warned that the upcoming elections in the UK and the US could be inundated with AI-powered disinformation campaigns. The use of generated images, text, and deepfake videos, propagated by swarms of AI-driven propaganda bots, poses a significant threat. Concerns have risen as breakthroughs in generative AI, such as ChatGPT and Midjourney, enable the production of highly convincing content on command. These technologies raise the possibility of interactive election interference on a large scale, with AI capable of engaging opponents in fruitless arguments while convincing onlookers across numerous social media accounts simultaneously. The ability to regulate and educate the public about AI-generated content is crucial in mitigating this growing concern. Read Article

National: AI could sway the 2024 elections, campaign pros say — but not like you think | Jim Saksa/Roll Call

Artificial intelligence (AI) has the potential to revolutionize politics, granting an advantage to early adopters in upcoming elections. However, concerns arise as the ability to generate deceptive audio and video through AI raises troubling implications for an already misinformation-riddled political system. The accountability of politicians and the ability to differentiate real failures from fake ones become challenging for voters. Nevertheless, campaign professionals are more excited about AI’s potential to streamline mundane tasks and enhance big-race tactics in down-ballot contests. AI’s true impact on campaigning will occur behind the scenes, improving fundraising capabilities, providing personalized advertising, and offering up-to-date voter data. As the 2024 presidential elections approach, political consultants are racing to harness the power of AI to gain a strategic advantage. While the potential for AI to be used nefariously is a concern, professionals are optimistic about its potential to enhance campaign operations, although they remain cautious about its downsides. Read Article

National: Dominion CEO Predicts ‘Business Ultimately Goes to Zero’ | Mini Racker/Time

A month ago, Dominion Voting Systems seemed like a dragon slayer. The conservative news behemoth Fox News had just agreed to pay Dominion $787.5 million to settle a defamation suit that was hours away from going to trial. It was the largest such settlement ever announced by a media company. And yet, to Dominion CEO John Poulos, even that payday likely won’t be enough to save his company. The reputational damage Dominion has endured is just too severe, he tells TIME in a strikingly pessimistic interview about the company’s future. Read Article

National: Man who debunked Mike Lindell’s ‘blatantly bogus’ data wants his $5m | Sam Levine/The Guardian