National

The Department of Homeland Security is preparing advice for election officials to better protect electronic voting machines, online ballots and vote counts from hackers, following the high-profile breach of Democratic National Committee emails, the head of the department said Wednesday. “We are actively thinking about election cyber security right now,” Jeh Johnson said at a breakfast…

National: Election Law Ground Wars Underway in Federal Courts | Roll Call

With the conventions over and Republican Donald Trump and Democrat Hillary Clinton locked in a close contest, a ground-level fight for an edge in the presidential race will unfold this summer in the nation’s courts. Legal challenges to state election laws are still working through federal courts and possibly on to the Supreme Court this fall. The outcome of those cases on issues such as photo identification, polling locations and registration could affect voter turnout in about a dozen swing states. The courts have been siding with challengers to election law changes, including rulings in July to soften voter ID laws in Texas and Wisconsin, block a voter ID law and other election changes in North Carolina, halt a voter ID requirement in North Dakota, and strike down a registration law in Kansas.

National: Tighter Restrictions Are Losing In The Battle Over Voter ID Laws | FiveThirtyEight

The struggle over who can vote on Election Day is becoming more heated in courtrooms, judges’ chambers and statehouses across the country, paralleling the intensity of the presidential race. And at the moment, the side that wants fewer voting restrictions seems to be winning. The battle began in earnest after 2010, when several Republican state legislatures began tightening identification requirements on voters. It has reached a new level in the 2016 election, when voters in 17 states faced new restrictions that ranged from photo ID requirements to cutbacks on early voting and same-day registration. Republicans said the laws were necessary to prevent fraud; Democrats and voting rights advocates said the restrictions were really designed to reduce participation by minority groups and young voters who traditionally support Democrats. “It’s the biggest rollback of voting since Jim Crow,” said Jonathan Brater, an attorney at NYU Law’s Brennan Center for Justice, which compiled the list of restrictions.

National: US Cyber Pros: Hackers Could Hit Electronic Voting Machines Next | VoA News

U.S. cyber security professionals say suspected foreign hackers who recently attacked computer systems of the Democratic Party could do something even more sinister in the future. The cyber pros, who appeared on this week’s Hashtag VOA program, said U.S. electronic voting systems are likely to be among the next targets. When the whistle-blowing website WikiLeaks published leaked emails of the U.S. Democratic National Committee last month, it caused major embarrassment to the party, and forced U.S. Congresswoman Debbie Wasserman Schultz to quit her position as the DNC chairperson. Cybersecurity analyst Richard Forno said that outcome shows foreign hackers can achieve political goals and incentivizes them to escalate their attacks.

National: How Hackers Could Destroy Election Day | The Daily Beast

Stealing and leaking emails from the Democratic National Committee could be just the start. Hacking the presidential election itself could be next, a bipartisan group of former intelligence and security officials recently warned. Whomever was behind the DNC hack also could target voting machines and the systems for tabulating votes, which are dangerously insecure. “Election officials at every level of government should take this lesson to heart: our electoral process could be a target for reckless foreign governments and terrorist groups,” wrote 31 members of the Aspen Institute Homeland Security Group, which includes a former director of the Central Intelligence Agency and a former secretary of Homeland Security. That echoes warnings computer security experts have been sounding for more than a decade: that the system for casting and counting votes in this country is also ripe for mischief. … Thirty-one states and the District of Columbia allow military personnel and overseas voters to return their ballots electronically, according to Verified Voting, a non-profit group that advocates transparency and security in U.S. elections. “The election official on the receiving end has no way to know if the voted ballot she received matches the one the voter originally sent,” the group warns. Some ballots are sent through online portals, which exposes the voting system to the internet. And that’s one of the most dangerous things elections officials can do, because it provides a remote point of access for hackers into the election system.

National: Voter-Fraud Laws Are All About Race | The Atlantic

“As close to a smoking gun as we are likely to see in modern times,” was how Fourth Circuit Judge Diana Gribbon Motz described North Carolina’s disputed new voter law, which the court struck down last week on the grounds of discriminatory intent. A ruling in the Fifth Circuit just days before reached a similar conclusion for an analogous law in Texas, acknowledging that the architects of its new voting law were “aware of the likely disproportionate effect of the law on minorities” and still did nothing about them. Just hours after the North Carolina decision, Wisconsin District Court Judge James Peterson joined in with a comparable dismantling of his state’s new voter laws, writing, “Wisconsin’s strict version of voter ID law is a cure worse than the disease.” These three decisions, written in strong and unambiguous language about discrimination and race, reflect a stunning turn in the battle for the ballot after 2013’s Shelby County v. Holder hamstrung the Voting Rights Act of 1965. While the Supreme Court argued in that case that America had moved beyond its past of open racism and discrimination, the laws in Wisconsin, North Carolina, and Texas, and the judicial decisions about them, are reminders that voting in the United States has always been and still is about the omnipresent issue that has always shaped policy: race. In his decision, Peterson introduced the story of an elderly black woman, Mrs. Smith, who “was born in the South, barely 50 years after slavery” and simply could not navigate the intricate process of procuring a voter ID. Wisconsin’s ID Petition Process could not link the records of her life to a birth record, so she remained ineligible to vote under its new law that required strict voter ID. That story could be emblematic of any number of older voters of color in states with new restrictive voting laws. Indeed, it is a story akin to that of Rosanell Eaton, a black woman born in 1921 who would have had to “incur significant time and expense” in order to obtain the proper ID to be able to vote in North Carolina—even though she’d been registered to vote since the Jim Crow era. And it is a story similar to that of Alberta Currie, who first voted in 1956. Both of these women became plaintiffs in the legal challenge to North Carolina’s new voter law. All of their experiences are representative examples of a continuous onslaught of electoral racism that has existed since the 14th and 15th Amendments gave newly free black people the nominal right to vote.

National: US Courts Strike Down Voter Restrictions in State After State | VoA News

A spate of federal court rulings against voting restrictions in five U.S. states will make it easier for residents to cast ballots in the November elections but may lead to chaos at polling locations, according to legal scholars. “There may well be confusion on Election Day, even if things are implemented the way the courts have decided,” said University of California, Irvine law professor Richard Hasen. In recent weeks, courts struck down North Carolina’s voter identification law, Wisconsin’s restrictions on early and absentee voting, and Kansas’ proof of citizenship requirement. A judge blocked North Dakota’s voter ID law, and an appellate court sent Texas’ voter ID law back to a lower court with instructions to devise a way to allow those lacking state-approved identification to be able to cast a ballot. “Judges are beginning to wake up and see what some of these enacted laws are doing,” said law professor Theodore Shaw, who heads the Center for Civil Rights at the University of North Carolina in Chapel Hill. “The lower courts and courts of appeals are finding that these voter ID provisions are discriminatory in either intent or effect, or both.”

National: For Trump, a new ‘rigged’ system: The election itself | The Washington Post

Donald Trump, trailing narrowly in presidential polls, has issued a warning to worried Republican voters: The election will be “rigged” against him — and he could lose as a result. Trump pointed to several court cases nationwide in which restrictive laws requiring voters to show identification have been thrown out. He said those decisions open the door to fraud in November. “If the election is rigged, I would not be surprised,” he told The Washington Post in an interview Tuesday afternoon. “The voter ID situation has turned out to be a very unfair development. We may have people vote 10 times.” Those comments followed a claim Trump made Monday, to an audience in Ohio, that “the election is going to be rigged.” That same day, in an interview with Fox News Channel’s Sean Hannity, he beseeched Republicans to start “watching closely” or the election will be “taken away from us” through fraud.

National: Russia, the DNC Hack, and the Future of Democracy | The Atlantic

Analysts largely agree that the hacking of various arms of the Democratic Party, and the release of hacked emails that deepened divisions within the party just ahead of its presidential convention, is a big deal. But there’s less agreement about whether what we’re witnessing is fundamentally old or new. The answer to that question could shape not just the Obama administration’s response to the hack, but international norms on the limits to foreign influence in democratic elections. Put simply: If, as some reckon, Russian intelligence agencies spied on the Democratic Party and then shared looted documents with WikiLeaks in order to intervene in the U.S. election, can that be tolerated? So far, only anonymous U.S. officials and private cybersecurity companies have designated Russia as the prime suspect in the hack. The U.S. government has yet to publicly accuse the Russian government of orchestrating the breach, let alone the leaks, and Russian officials have denied any involvement in the episode. Nevertheless, some argue that the Kremlin appears to have merely extended to America a reinvented Soviet tactic that it has deployed for years at home and across Europe: Using a variety of measures—including the collection and dissemination of compromising information and disinformation—to meddle in politics, discredit the political systems of rival countries, and sow doubt, discord, and disarray.

National: Republican vote suppression efforts, packaged as reforms, fall foul of US courts | Sydney Morning Herald

Maybe in the era of Donald Trump it’s too much to expect subtlety in American politics. But you’d have thought that when the Supreme Court freed a slew of southern states – states which share a grim history of suppressing and denying black and other minority voting – from federal supervision, that any return to the days of Jim Crow discrimination would have been gradual and not a headlong rush. President Lyndon Johnson signed the Voting Rights Act in 1965 – bringing electoral laws in 15 states under Washington’s scrutiny because they were incapable of doing the decent thing. In 2013, the Supreme Court gutted the act, with Chief Justice John Roberts declaring that intentional racial discrimination in electoral law was a thing of the past. But now the courts have shown they are on to what these Republican states are up to in the lead-in to a bitterly contested 2016 presidential election, and the direct language in some of their decisions is astounding. In a ruling against North Carolina, the US Court of Appeals for the 4th Circuit accused the state legislature of targeting African-American voters with “almost surgical precision”.

National: Top Democratic National Committee officials resign in wake of email breach | The Washington Post

Three top officials at the Democratic National Committee will leave their posts this week amid the controversy over the release of a cache of hacked emails from the committee. Chief executive Amy Dacey, Chief Financial Officer Brad Marshall and Communications Director Luis Miranda will leave the DNC just days after a new leader took the helm. A trove of nearly 20,000 emails were posted on WikiLeaks last month. They included some emails that raised questions about the faith of Democratic presidential nominee Hillary Clinton’s primary rival, Sen. Bernie Sanders (Vt.), and others that seemed to disparage donors.

National: Hacking An Election: Why It’s Not As Far-Fetched As You Might Think | NPR

August 2, 2016

The recent hacking of Democratic Party databases — and strong suspicions that the Russian government is involved — have led to new fears that America’s voting systems are vulnerable to attack and that an outsider could try to disrupt the upcoming elections. A cyberattack on U.S. elections isn’t as far-fetched as you might think. Just a week and a half ago, Illinois election officials shut down that state’s voter registration database after discovering it had been hacked. In June, Arizona took its voter registration system offline after the FBI warned it too might have been hacked, although no evidence of that was found. In May, security analyst David Levin was arrested after he gained access to the Lee County, Fla., elections website. Levin said in a YouTube video he was only trying to show how vulnerable the system was: “Yeah, you could be in Siberia and still perform the attack that I performed on the local supervisor of election website. So this is very important.” The county says the problems were later fixed.

National: The Same Russian Hackers Hit the DNC and the DCCC, Security Firms Say | Foreign Policy

August 2, 2016

Cybersecurity companies studying the breach of the Democratic National Committee and the Democratic Congressional Campaign Committee have found evidence indicating that the same group of Russian hackers breached both groups’ computer systems. According to ThreatConnect and Fidelis Cybersecurity, two security firms that have been studying the activities of a hacker group dubbed Cozy Bear, hackers from that organization used some of the same internet infrastructure to attack the two Democratic groups. Cozy Bear hackers utilized an email address identified by German intelligence as one used by the group to register an internet domain that was then used in the attack on the DCCC. According to Justin Harvey, the chief security officer at Fidelis, the finding provides 90 percent certainty that hackers working on behalf of Russian intelligence carried out both the DNC and the DCCC attack.

National: Critics See Efforts by Counties and Towns to Purge Minority Voters From Rolls | The New York Times

When the deputy sheriff’s patrol cruiser pulled up beside him as he walked down Broad Street at sunset last August, Martee Flournoy, a 32-year-old black man, was both confused and rattled. He had reason: In this corner of rural Georgia, African-Americans are arrested at a rate far higher than that of whites. But the deputy had not come to arrest Mr. Flournoy. Rather, he had come to challenge Mr. Flournoy’s right to vote. The majority-white Hancock County Board of Elections and Registration was systematically questioning the registrations of more than 180 black Sparta citizens — a fifth of the city’s registered voters — by dispatching deputies with summonses commanding them to appear in person to prove their residence or lose their voting rights. “When I read that letter, I was kind of nervous,” Mr. Flournoy said in an interview. “I didn’t know what to do.”

National: Hacker threat extends beyond parties | Politico

The furor over the cyberattacks injecting turmoil into Hillary Clinton’s presidential campaign obscures a more pervasive danger to the U.S. political process: Much of it has only lax security against hackers, with few if any federal cops on the beat. No one regulator is responsible for requiring campaigns, political operations and state and local agencies to protect the sanctity of the voter rolls, voters’ personal data, donors’ financial information or even the election outcomes themselves. And as the Democrats saw in Philadelphia this past week, the result can be chaos. The most extreme danger, of course, is that cyber intruders could hack the voting machinery to pick winners and losers. But even less-ambitious exploits could sway the results in a close election — anything from tampering with parties’ volunteer schedules and get-out-the-vote operations to deleting the registrations of frequent voters or knocking registration databases offline. Cyber scams aimed at campaign donors’ financial data, such as a just-disclosed hack aimed at the Democratic Congressional Campaign Committee, could deter future contributors by making them fear identity theft. Or, as happened this past week to the Democratic National Committee, online thieves could get hold of a political operation’s embarrassing internal emails, creating headaches for a presidential candidate just before she accepts her party’s nomination.

National: U.S. Wrestles With How to Fight Back Against Cyberattacks | The New York Times

It has been an open secret throughout the Obama presidency that world powers have escalated their use of cyberpower. But the recent revelations of hacking into Democratic campaign computer systems in an apparent attempt to manipulate the 2016 election is forcing the White House to confront a new question: whether, and if so how, to retaliate. So far, the administration has stopped short of publicly accusing the Russian government of President Vladimir V. Putin of engineering the theft of research and emails from the Democratic National Committee and hacking into other campaign computer systems. However, private investigators have identified the suspects, and American intelligence agencies have told the White House that they have “high confidence” that the Russian government was responsible. Less certain is who is behind the selective leaks of the material, and whether they have a clear political objective. Suspecting such meddling is different from proving it with a certainty sufficient for any American president to order a response. Even if officials gather the proof, they may not be able to make their evidence public without tipping off Russia, or its proxies in cyberspace, about how deeply the National Security Agency has penetrated that country’s networks. And designing a response that will send a clear message, without prompting escalation or undermining efforts to work with Russia in places like Syria, where Russia is simultaneously an adversary and a partner, is even harder.

National: Courts Derail Voting Limits Pushed by GOP in 3 States | Fortune

Courts have dealt setbacks in three states to Republican efforts that critics contend restrict voting rights—blocking a North Carolina law requiring photo identification, loosening a similar measure in Wisconsin, and halting strict citizenship requirements in Kansas. The rulings Friday came as the 2016 election moves into its final phase, with Republican Donald Trump and Democrat Hillary Clinton locked in a high-stakes presidential race and control of the U.S. Senate possibly hanging in the balance. North Carolina is one of about a dozen swing states in the presidential race, while Wisconsin has voted Democratic in recent presidential elections and Kansas has been solidly Republican. The decisions followed a similar blow earlier this month to what critics said was one of the nation’s most restrictive voting laws in Texas. The New Orleans-based U.S. 5th Circuit Court of Appeals said Texas’ voter ID law is discriminatory and must be weakened before the November election.

National: Voting rights rulings could deal blow to Republicans in 2016 elections | The Guardian

Shortly after Barack Obama’s victory in the 2008 presidential election, the former chair of the North Carolina Republican party wrote an anxious postmortem saying something had to be done about the students and black voters whose unprecedented turnout had turned the state blue for the first time in 32 years. The alternative, the former state chair Jack Hawke wrote, was that the country would “continue to slide toward socialism”. That “something” turned out to be a notorious omnibus law – better known to its detractors as the “monster law” – passed by a Republican-majority state legislature in 2013. The legislation gutted many of the progressive voting rules that had contributed to Obama’s razor-thin margin in the state: same-day registration, a lengthy early voting period and out-of-precinct voting by provisional ballot – all favored disproportionately by African American voters and students. The law also introduced a strict voter ID requirement, with the anticipated effect of suppressing Democratic votes even further.

National: Trump, Putin and the hacking of an American election | The Boston Globe

Did Republican nominee Donald Trump just ask Russian strongman Vladimir Putin to cast the deciding vote in the US presidential election? On Wednesday morning, Trump said he hoped Russia would find and publish 30,000 e-mail messages deleted by his Democratic rival, Hillary Clinton, from the personal server she used as secretary of state. It was a startling spectacle: a presidential candidate urging a foreign government to play a role in America’s game of thrones. But there’s a chance Putin is already a player. The trove of embarrassing e-mails stolen from the Democratic National Committee, which were leaked to the press just in time for this week’s party convention in Philadelphia, were probably swiped by Russian hackers, according to US intelligence officials and independent cybersecurity companies. Russia’s apparent election tampering — and Trump’s call for the Russians to expose Clinton’s deleted e-mails — shows that the insecurity of America’s data networks could undermine our ability to hold free and fair elections. But if the Russian president would go this far to pick our next president, why not take the direct approach? Why not tamper with the computers that manage the nation’s voting systems? Maybe that has already happened. Those voting systems are certainly vulnerable.

National: Hackers are putting U.S. election at risk | Bruce Schneier/CNN

Russia has attacked the U.S. in cyberspace in an attempt to influence our national election, many experts have concluded. We need to take this national security threat seriously and both respond and defend, despite the partisan nature of this particular attack. There is virtually no debate about that, either from the technical experts who analyzed the attack last month or the FBI which is analyzing it now. The hackers have already released DNC emails and voicemails, and promise more data dumps. While their motivation remains unclear, they could continue to attack our election from now to November — and beyond. Like everything else in society, elections have gone digital. And just as we’ve seen cyberattacks affecting all aspects of society, we’re going to see them affecting elections as well. What happened to the DNC is an example of organizational doxing — the publishing of private information — an increasingly popular tactic against both government and private organizations. There are other ways to influence elections: denial-of-service attacks against candidate and party networks and websites, attacks against campaign workers and donors, attacks against voter rolls or election agencies, hacks of the candidate websites and social media accounts, and — the one that scares me the most — manipulation of our highly insecure but increasingly popular electronic voting machines.

National: Cutbacks to Poll Monitor Program Raise Voter Intimidation Fears | NBC

Thanks to Shelby County v. Holder, the Supreme Court’s 2013 ruling weakening the Voting Rights Act, a slew of restrictive voting laws will be in force this fall for the first time in a presidential election. But now the Shelby ruling is putting voting rights at risk in a whole new way: Citing the ruling, the Justice Department recently announced that it would significantly reduce the number of federal observers that it deploys at polling places to guard against voter suppression and intimidation. The impact of the cutbacks could be particularly severe this year, when several states will be asking poll workers to implement new voter ID laws, upping the chances that on-the-ground errors or other problems keep voters from the polls. Meanwhile, some voting rights advocates are critical of the Justice Department’s decision to reduce the number of monitors, saying it relies on an overly conservative reading of the Shelby decision.

National: FBI probes hacking of Democratic congressional group – sources | Reuters

The FBI is investigating a cyber attack against another U.S. Democratic Party group, which may be related to an earlier hack against the Democratic National Committee, four people familiar with the matter told Reuters. The previously unreported incident at the Democratic Congressional Campaign Committee, or DCCC, and its potential ties to Russian hackers are likely to heighten accusations, so far unproven, that Moscow is trying to meddle in the U.S. presidential election campaign to help Republican nominee Donald Trump. Hacking of the party’s emails caused discord among Democrats at the party’s convention in Philadelphia to nominate Hillary Clinton as its presidential candidate. The newly disclosed breach at the DCCC may have been intended to gather information about donors, rather than to steal money, the sources said on Thursday.

National: Judge: First Amendment Protects Political Robocalls | Wall Street Journal