National

Secretaries of State are bracing themselves for election disinformation campaigns during the 2024 presidential race that are expected to be amplified by artificial intelligence (AI), according to discussions at the National Association of Secretaries of State Conference. They anticipate the spread of deepfakes and other AI-generated content designed to deceive voters. Several states are enacting laws to require the disclosure of deepfakes in political ads, while others believe social media companies should assume more responsibility for AI-generated content. Educating voters and providing transparency in the election process are key priorities for officials in countering disinformation. Read Article

National: Disinformation Researchers Fret About Fallout From Judge’s Order | Tiffany Hsu and Stuart A. Thompson/The New York Times

A federal judge’s ruling that restricts the government’s communication with social media platforms could hinder efforts to curb harmful content, according to researchers and groups combating hate speech and disinformation. The ruling, which followed lawsuits accusing Facebook and Twitter of censoring right-leaning content, prevents government agencies from urging the removal of protected free speech. Researchers argue that the government should be able to inform social media companies about harmful content without coercing them to remove it, and they expressed concerns about a potential chilling effect on disinformation research and the ability to combat misinformation before the 2024 election. Read Article

National: Social media injunction unravels plans to protect 2024 elections | Cat Zakrzewski , Naomi Nix and Joseph Menn/The Washington Post

Last week’s court injunction limiting government communication with tech companies is undermining efforts to combat election interference, with reduced content moderation, decreased research on disinformation, and a pause in government communications with Silicon Valley. The ruling comes as tech companies face new threats from AI-generated fake content and civil rights groups warn of increased election lies. The injunction highlights the ongoing partisan battle over social media rules, hindering academic research and impacting conversations among tech companies about disinformation. The focus on government communication overlooks tech companies’ moderation shortcomings, while the release of new products further challenges the ability to adapt to evolving threats. Read Article

National: Republicans’ conservative election bill heads to House floor | Justin Papp/Roll Call

The House Administration Committee voted 8-4 to advance the American Confidence in Elections Act, a conservative election package, despite strong opposition from Democrats. Democrats argue that the bill seeks to disenfranchise voters of color, protect wealthy donors, and undermine the self-governance of Washington, D.C. The bill includes measures such as urging states to adopt voter ID requirements, overriding certain D.C. election laws, prohibiting federal funds to states allowing noncitizen voting or ballot harvesting, and restricting federal agencies from accessing conservative nonprofits. Only one Democratic amendment was approved out of nearly 50, while the Democratic alternative bill failed to pass. The fate of the bill is uncertain in the Democrat-controlled Senate. Read Article

National: CISA director and USDS administrator among federal officials barred from contacting social media companies | Nihal Krishan/FedScoop

A federal judge has issued a ruling barring certain federal government officials from contacting social media platforms to discourage or remove content protected by the First Amendment. The decision restricts officials from agencies including the White House, Health and Human Services, and the FBI from engaging with social media companies over conservative opinions that were allegedly suppressed. The judge’s ruling has been seen as a victory for Republicans who accuse the government of censorship, while Democrats argue that social media platforms have failed to address misinformation. The Biden administration is reviewing the ruling, and it could be appealed to a higher court. Read Articlep

National: Threads: Meta cut election teams months before launch, raising concerns for 2024 | Donie O’Sullivan and Sean Lyngaas/CNN

Meta, the parent company of Facebook and Instagram, has reportedly made cuts to its teams responsible for tackling disinformation and coordinated troll and harassment campaigns on its platforms. Concerns have been raised about the impact of these cuts on efforts to counter false information ahead of the 2024 elections in the US and globally. The layoffs have affected members of the team working on Meta’s election integrity initiatives, including content review specialists who manually review election-related posts. The reductions in personnel may result in some deceptive efforts going unnoticed, while the use of Meta’s new Threads platform by bad actors has raised further concerns. Read Article

National: GOP states quit the program that fights voter fraud. Now they’re scrambling. | Zach Montellaro/Politico

Several Republican-led states that left the Electronic Registration Information Center (ERIC), a nonpartisan program designed to maintain accurate voter rolls, are now scrambling to find alternatives to catch “double voters” ahead of the 2024 presidential election. Ohio, one of the states that left ERIC, has been convening leaders from multiple states to discuss ways to work together and fill the security gap left by exiting the program. Elections officials are facing ongoing scrutiny about the accuracy of voter rolls and are seeking solutions to address accusations of fraud. The new effort being discussed would involve individual states signing data sharing agreements with one another, but it would lack the centralized database structure of ERIC, making tasks like updating voter rolls more challenging. The future of ERIC itself is also uncertain, as more states consider leaving the program. Read Article

National: The Case That Could Be Fox’s Next Dominion | Jeremy W. Peters and Alan Feuer/The New York Times

Conservative television host Tucker Carlson is facing a potential defamation lawsuit from Ray Epps, an Arizona man accused by Carlson of being a covert government agent involved in inciting the January 6 Capitol assault. Epps, who participated in demonstrations on that day but never entered the Capitol, has not been charged with a crime. Lawyers representing Epps and his wife are planning to sue Fox News, arguing that Carlson’s repeated false statements about Epps have harmed his reputation. The potential lawsuit adds to Fox News’ legal troubles related to false claims about the 2020 election and workplace toxicity allegations. Read Article

Supreme Court Rejects Theory That Would Have Transformed American Elections | Adam Liptak/The New York Times

The US Supreme Court rejected a legal theory that would have granted state legislatures broad powers to set rules for federal elections and engage in partisan gerrymandering. In a 6-3 vote, the court held that state legislatures are not exempt from the constraints imposed by state law. The case, Moore v. Harper, centered around a voting map drawn by the North Carolina Legislature that was initially rejected as a partisan gerrymander by the state’s Supreme Court. The US Supreme Court’s decision upheld the state court’s authority to review the actions of the state legislature and maintain its role in federal election matters. Read Article

National: Supreme Court rejects novel legislative theory but leaves a door open for 2024 election challenges | Nicholas Riccardi and David A. Lieb/Associated Press

The Supreme Court has rejected the most extreme version of the “independent state legislature theory,” which argues that state legislatures have absolute power in setting the rules of federal elections and cannot be second-guessed by state courts. The 6-3 ruling leaves open the possibility for more limited challenges that could increase the court’s role in deciding voting disputes during the 2024 presidential election. While voting rights groups celebrated the decision as a victory for democracy, critics noted that the court’s ruling still allows federal judges to review laws governing federal elections if state courts act outside the “ordinary bounds.” Conservatives and liberals agree that the question of the role of state courts in federal elections is likely to arise in last-minute challenges during the 2024 presidential election. Read Article

National: How the Supreme Court’s decision on election law could shut the door on future fake electors | Zach Montellaro, Kyle Cheney and Madison Fernandez/Politico

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