National

The National Association of Counties (NACo) has passed a resolution urging Congress to impose appropriate penalties for threats and intimidation against public servants responsible for fair elections. The resolution calls for legislation to penalize offenses such as harassing or intimidating election officials, threatening them or their families, attempting to pressure officials to violate state law or the Constitution, and disseminating personal information about them. Election officials are facing increased attacks, with nearly one in three experiencing harassment, abuse, or threats. Read Article

National: First Findings Shed Light on Role of Social Media Algorithms in 2020 Election | UT News

An academic team from multiple universities collaborated with Meta to study the impact of social media on the 2020 U.S. election. The researchers found that algorithms had a significant effect on what users saw on their feeds, but changing the algorithms for a few months did not impact participants’ political attitudes. The study, co-led by researchers from the University of Texas at Austin and New York University, aimed to understand the influence of social media on American democracy. Despite altering various aspects of Meta’s algorithm for three months during the election period, including removing reshared content and changing to a chronological feed, there were no significant effects on political polarization or ideological extremity. Further research from the project will provide insights into the content and behavior on the platforms. Read Article

National: AI Disinformation Drives Lawmaker Fears About 2024 ‘Wild West’ | Oma Seddiq and Amelia Davidson/Bloomberg

As the 2024 elections approach, lawmakers are facing a short timeframe and lack of consensus to address the threat of deepfakes, which could manipulate and shape the outcome of the elections. The increased use of artificial intelligence by political campaigns has surpassed the efforts of Congress, political parties, and regulators to address the technology’s potential for disinformation. Some Democrats have introduced bills to require labeling on political advertisements that use AI, but Republicans have been slow to support such legislation. Congress is still grappling with understanding the rapidly evolving technology and may be months away from introducing comprehensive legislation to address AI’s threats in elections. In the meantime, political ad spending on deepfakes is expected to increase, raising concerns about the spread of false and misleading content to voters. Read Article

National: Trump condemned Jan. 6 rioters, now he’s become a big supporter | Jill Colvin/Associated Press

Former President Donald Trump, who initially condemned the violence of the January 6, 2021 Capitol rioters, has now evolved to downplaying the violence, praising the rioters as patriots, and spreading false claims about the attack. He is currently the early front-runner in the 2024 Republican presidential primary and has vowed to pardon a “large portion” of Jan. 6 defendants if he wins a second term. He has also fundraised for them, befriended their families, and collaborated on a song featuring Jan. 6 defendants singing “The Star-Spangled Banner” over a prison phone line. Trump’s evolution comes as Republicans, public opinion, and some in Congress have sought to recast the mob as nonviolent and downplay the severity of the attack. Read Article

Georgia: Republican promoters of election fraud approve ballot hand-counts | Justin Glawe/The Guardian

The elections office in Spalding County, Georgia, which is run by Republicans promoting falsehoods about the 2020 election, has approved a motion to implement automatic hand recounts for all future elections. The decision requires elections staff to hand-count each ballot and compare the totals with those reached by voting tabulation machines. Hand counts are slower and less reliable than machine tabulations. The lone Democrat on the board initially supported the idea but objected when the Republicans did not consider the costs to taxpayers. Read Article

Disinformation reimagined: how AI could erode democracy in the 2024 US elections | Nick Robins-Early/The Guardian

Experts are concerned about the potential impact of AI-generated disinformation on elections. The rise of artificial intelligence tools that can create realistic images, mimic human voices, and write human-like text is making it easier to produce and spread deceptive political content on a massive scale. Such content not only threatens to deceive audiences but also erodes trust in the information ecosystem. AI-generated disinformation can be used for voter suppression, spread misinformation to target specific groups, and create false constituencies. Campaigns have already begun dabbling in using AI-generated content for political purposes, and there are concerns that the proliferation of such content will make fact-checking difficult and corrode public trust in information. Read Article

National: Democrats rally around election proposal as counterpoint to GOP plan | Justin Papp/Roll Call

Democratic lawmakers, joined by public interest groups, are promoting the bicameral bill known as the Freedom to Vote Act, which aims to expand voting access, prevent partisan gerrymandering, and curb the influence of dark money in elections. The bill has been reintroduced after stalling in the Senate during the 117th Congress. Democrats argue that the proposed legislation is essential to protect democracy, while Republicans are pushing their own plan called the American Confidence in Elections Act, which includes voter ID requirements and restricts federal government access to political donor rolls. The Republicans’ bill has been labeled the “Big Lie Bill” by Democrats, who claim it aims to suppress specific groups of voters, especially Black voters and voters of color. Both bills are part of the ongoing debate over voting rights and election integrity in the United States. Read Article

National: Smartmatic subpoenas Flynn, Bannon in defamation lawsuits against Fox News and Newsmax | Marshall Cohen/CNN

Voting technology company Smartmatic has issued subpoenas to Trump allies Michael Flynn and Steve Bannon as part of its defamation lawsuits against Fox News and Newsmax. The lawsuits stem from the promotion of 2020 election lies, with Smartmatic seeking $2.7 billion from Fox and an unspecified amount from Newsmax for disseminating false information that harmed the company’s business. Both Flynn and Bannon played significant roles in Trump’s efforts to overturn the election results, and they have faced their own legal troubles in the past. Fox News and Newsmax deny wrongdoing and are contesting the lawsuits. Read Article

National: Intelligence nominee warns generative AI poses threat to 2024 elections | Maggie Miller/Politico

Lt. Gen. Timothy Haugh, Joe Biden’s nominee to lead the NSA and Cyber Command, expressed concerns about the potential threat of generative artificial intelligence (AI) technologies in the upcoming U.S. presidential election. Haugh testified to the Senate Armed Services Committee that foreign actors might attempt to use generative AI to interfere with the electoral process. The use of AI in disinformation campaigns poses new challenges for organizations like Cyber Command and the NSA, which have previously monitored and disrupted threats to U.S. elections. Senators from both parties are calling for regulations and monitoring of AI technologies to address the risks of disinformation and potential foreign interference. Read Article

National: AI could create a disinformation nightmare in the 2024 election | Joshua A. Tucker/The Hill

The rapid evolution of social media from a tool for democratization to a threat to democracy has raised concerns about the role of AI, specifically language models like ChatGPT, in spreading political misinformation. The rise of social media reduced the cost of spreading misinformation, and now AI has lowered the barriers to producing misinformation by generating high-quality text and images. AI-generated images may be easier to address through labeling with unalterable watermarks or metadata, but detecting AI-generated text will require the use of other AI methods, potentially leading to greater ambiguity and claims of bias. The responsibility ultimately falls on social media platforms, which remain the primary means of spreading misinformation, and the need for transparency and regulation is crucial. Read Article

Michigan charges 16 Trump electors who falsely claimed he won the state | Patrick Marley/The Washington Post

Michigan Attorney General Dana Nessel, a Democrat, has charged 16 Republicans, including former state Republican Party co-chairwoman Meshawn Maddock, with forgery and other felonies for falsely claiming to be the state’s 2020 presidential electors. The charges stem from a state investigation into the submission of official-looking paperwork to the federal government asserting they were casting the state’s electoral votes for former President Donald Trump, despite Joe Biden winning Michigan. These charges mark the first criminal prosecution against Trump electors as investigations into attempts to overturn election results intensify across the country. Read Article

Montana: The back-and-forth over voting rights | Alex Sakariassen/Montana Free Press

Plaintiffs, including the Montana Democratic Party, tribal stakeholders, and youth engagement organizations, have filed legal briefs in response to Secretary of State Christi Jacobsen’s appeal over four election laws that were blocked in 2021. The appeal centers on the level of legal scrutiny applied to the laws that ended same-day voter registration, barred paid ballot collection, and implemented stricter voter ID requirements. The plaintiffs argue that the laws are unconstitutional and infringe on Montanans’ right to vote, while Jacobsen maintains they are necessary to combat voter fraud and safeguard election integrity. Additionally, the appeal addresses a fourth law that was struck down, which prevented county officials from sending absentee ballots to minors turning 18 on or before Election Day, deemed as denying voting access to that subgroup. Two groups, the Montana Federation of Public Employees and a coalition of state constitution and election law scholars, have expressed support for the plaintiffs in the case. Read Article

National: The self-inflicted voting machine misinformation crisis looming over 2024 | Zach Montellaro/Politico

Election officials in the United States are concerned that upcoming changes to voting machine certification guidelines by the federal government will be exploited to spread misinformation and undermine trust in the 2024 election. After enduring contentious election cycles in recent years, officials fear that false information about the consequences of the changes will circulate, much like the conspiracy theories surrounding the security of voting machines after the 2020 election. The new standards, aimed at improving cybersecurity and accessibility, will be implemented in November 2023, just before the presidential election, leading officials to worry that public scrutiny and misinterpretation of the guidelines may erode public confidence in the electoral process. Read Article

National: Secretaries of State brace for wave of AI-fueled disinformation during 2024 campaign | Tonya Riley/CyberScoop

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