National

In recent months, the U.S. Department of Justice (DOJ) sent letters to states including Pennsylvania, Wisconsin, Minnesota, Arizona, and Colorado, pressing for information about voter roll management, demanding to see state voter rolls, and threatening to sue over alleged voting law violations. But the department’s campaign has gone much further. Criminal prosecutors at DOJ sent separate broad requests for information to election officials in at least two states, people who have seen the requests told Democracy Docket. Those letters were first reported by the New York Times, which added that they’re part of a broader initiative at DOJ, still in its early stages, to look into whether it can bring criminal charges against election officials for not doing enough to protect their voting systems against fraud and illegal voting. Read Article

National: GOP lawmakers try again to change who’s counted in key census numbers | Hansi Lo Wang/NPR

Republicans in Congress are reviving a controversial push to alter a key set of census numbers that are used to determine how presidents and members of the U.S. House of Representatives are elected. Ratified after the Civil War, the 14th Amendment says the “whole number of persons in each state” must be included in what are called apportionment counts, the population numbers based on census results that determine each state’s share of House seats and Electoral College votes for a decade. But GOP lawmakers have now released three bills this year that would use the 2030 census to tally residents without U.S. citizenship, and then subtract some or all of them from the apportionment counts. Republicans on the House Appropriations Committee unveiled the latest bill Monday. Read Article

National: Republicans target voting rights of U.S. citizens who have never lived in the country | Jen Fifield/Votebeat

The Republican Party is challenging the voting eligibility of some U.S. citizens who have always lived abroad, in what they’re calling a broader strategy ahead of next year’s midterms to clean up voter rolls and improve voter confidence. But Democrats see the effort as a blatant attempt to disenfranchise eligible Democrats in key swing states. The GOP terms the voters they are targeting as “never residents” because they are U.S. citizens but haven’t lived in the United States. Most frequently, they are children of U.S. citizens who have been in the military, or lived overseas for other reasons. Three-quarters of states have laws on the books allowing such citizens to vote by absentee or mail ballot in the same state where their parents or other relatives last lived or are registered. Read Article

National: Emil Bove declines to rule out 3rd Trump term or denounce Jan. 6 rioters in Senate questionnaire | Scott MacFarlane/CBS

Emil Bove, a top Justice Department official who previously served as President Trump’s criminal defense attorney, declined to rule out the possibility of the president running for a third term and did not denounce the Jan. 6 attack on the Capitol in a questionnaire submitted to a Senate panel considering his nomination for a lifetime appointment as a federal judge. The Senate Judiciary Committee is expected to vote next week on whether to advance Bove’s nomination to serve on the U.S. Court of Appeals for the 3rd Circuit. CBS News obtained the 165-page questionnaire that Bove submitted to senators in response to their written questions. In his answers, Bove also wrote he does not recall which Jan. 6 criminal cases he helped supervise when he served in the U.S. Attorney’s Office for the Southern District of New York. In response to the question “Do you denounce the January 6 insurrection?” Bove wrote: “The characterization of the events on January 6 is a matter of significant political debate,” and said it would be “inappropriate to address this question” given ongoing litigation over pardons of Jan. 6 defendants. Read Article

National: Senate Democrats seek answers on Trump overhaul of immigrant database to find noncitizen voters | Derek B. Johnson/CyberScoop

As the Department of Homeland Security seeks to transform a federal database for immigrant benefits into a supercharged database to search for noncitizen voters, a trio of Democratic senators are pressing the department for more information. Sens. Gary Peters, D-Mich., Alex Padilla, D-Calif., and Jeff Merkley, D-Ore., wrote to Homeland Security Secretary Kristi Noem on Tuesday posing a series of questions around the department’s overhaul of the Systemic Alien Verification for Entitlements (SAVE) database. “States and nonpartisan voter advocacy organizations have expressed concerns with using the SAVE program as a standalone tool to determine voter eligibility without adequate safeguards,” the senators wrote. “In particular, there are concerns that data quality issues may cause state and local officials who rely on the program to receive false positives or incomplete results.” Read Article

National: Amid cuts to federal cyber services, local election officials expect greater state support | Colin Wood/StateScoop

A majority of local election officials are worried about the federal government’s recent moves to pull back support for election security services, according to a report published Thursday by the Brennan Center for Justice, a nonprofit public policy institute. The report, which arrives amid numerous cuts to services and staff at the Cybersecurity and Infrastructure Security Agency, found that 61% of local election officials polled said they were specifically concerned about election security services cut by CISA. And of the 858 local election officials who responded, 87% said they believe it’s important that state and local governments fill the gaps in support created by the federal government’s cuts under the second Donald Trump administration. Lawrence Norden, a vice president of elections and government at the Brennan Center who helped conduct the survey, said the government landscape is already shifting to ensure election offices can protect their systems and share timely threat information. Read Article

National: CIA declassifies review of intelligence report on 2016 Russia election interference | Dan De Luce and Ken Dilanian/NBC

CIA officials failed in some cases to follow standard procedures in an intelligence analysis of Russian interference efforts in the 2016 election, according to an internal review declassified Wednesday. Intelligence officers were given an unusually short timeline for the analysis, there was “excessive involvement” by senior leaders, and staff members were given uneven access to crucial intelligence about Russia, the “lessons-learned” review said. But the review did not refute the findings of the 2017 intelligence assessment that Russia waged an information warfare campaign designed to undermine Americans’ confidence in the electoral process, damage Hillary Clinton and boost Donald Trump’s prospects in the 2016 election. Read Article

National: Justice Department Explores Using Criminal Charges Against Election Officials | Devlin Barrett and Nick Corasaniti

Senior Justice Department officials are exploring whether they can bring criminal charges against state or local election officials if the Trump administration determines they have not sufficiently safeguarded their computer systems, according to people familiar with the discussions. The department’s effort, which is still in its early stages, is not based on new evidence, data or legal authority, according to the people, speaking on the condition of anonymity to describe internal discussions. Instead, it is driven by the unsubstantiated argument made by many in the Trump administration that American elections are easy prey to voter fraud and foreign manipulation, these people said. Such a path could significantly raise the stakes for federal investigations of state or county officials, thrusting the Justice Department and the threat of criminalization into the election system in a way that has never been done before. Read Article

National: Lawmakers demand CISA explain how it’s supporting election offices | Colin Wood/ StateScoop

In a letter Monday addressed to leaders of the Cybersecurity and Infrastructure Security Agency, Democratic lawmakers demanded to know why the agency hasn’t responded to their recent inquiries about the level of support it’s providing to state and local election offices. Ranking members Rep. Joseph D. Morelle and Sen. Alex Padilla wrote that they’re seeking “urgent updates” to the status of numerous election security policies and programs offered by CISA under previous administrations. The letter, which is addressed to CISA acting Director Madhu Gottumukkala and Mona Harrington, assistant director of CISA’s National Risk Management Center, demands a “comprehensive briefing” on CISA’s operations and personnel before July 21. “CISA’s repeated failure to respond to our requests for information while undertaking a significant reshaping of the agency’s personnel and mission is unacceptable,” the letter reads. “We remain deeply troubled by the lack of information CISA has provided to congressional oversight committees and the lack of substantive responses to our questions.” Read Article

National: Department of Justice Jumps on SCOTUS Nationwide Injunctions Ruling to Boost Trump’s Anti-Voting Order | Jacob Knutson/Democracy Docket

Citing the Supreme Court’s recent ruling curtailing nationwide injunctions, the Department of Justice (DOJ) asked a federal judge to weaken part of a previous court order against President Donald Trump’s sweeping anti-voting decree. Beyond its potential impact in the battle over the voting order, the filing is also a stark example of how SCOTUS’ ruling in the nationwide injunctions case, Trump v. CASA, could give the administration a boost in other cases challenging Trump’s authoritarian power grab. The DOJ asked District Judge Denise Casper July 3 to amend the portion of her previous court order that barred the government from enforcing Section 2d of Trump’s executive order. Read Article

National: Nearly half of election officials concerned about politically motivated investigations | Aaron Pellish/Politico

Nearly half of local election officials are concerned about politically motivated investigations targeting election workers, according to a new survey from the Brennan Center for Justice. Forty-six percent of local election officials said they were at least somewhat concerned about politically motivated investigations of their work or the work of other election officials. Of that, 18 percent of respondents said they were “very concerned” about potential investigations. Election officials have increasingly become targets of scrutiny in the wake of the 2020 presidential election, when President Donald Trump and his allies touted conspiracy theories about ballot processing to claim the results of the election — which he lost — were rigged. Read Article

National: Trump and GOP target ballots arriving after Election Day that delay counts | Chistina A. Cassidy/Associated Press

President Donald Trump and other Republicans have long criticized states that take weeks to count their ballots after Election Day. This year has seen a flurry of activity to address it. Part of Trump’s executive order on elections, signed in March but held up by lawsuits, takes aim at one of the main reasons for late vote counts: Many states allow mailed ballots to be counted even if they arrive after Election Day. The U.S. Supreme Court last month said it would consider whether a challenge in Illinois can proceed in a case that is among several Republican-backed lawsuits seeking to impose an Election Day deadline for mail ballots. At least three states — Kansas, North Dakota and Utah — passed legislation this year that eliminated a grace period for receiving mailed ballots, saying they now need to be in by Election Day. Read Article

National: The States Decide How Elections Are Run | Grace Olson/NCSL

After every major election, we see headlines fly about election policies. Recent hot topics include mail-in ballots, proof of citizenship for voter registration and the type of identification needed to vote. Although several pieces of federal legislation and U.S. Supreme Court decisions have established rules governing voting, the primary responsibility for facilitating federal elections lies with the states. Nate Persily, a Stanford University law professor, told a recent NCSL webinar on federalism and U.S. election law that when the Founding Fathers authored the U.S. Constitution, they did so with a heavy focus on the states, allowing each state to handle elections as it saw fit. Despite the states having considerable power in federal elections, Persily says that voting is the most amended topic in the Constitution. The most notable revisions, he says, are the 14th and 15th Amendments, which protect U.S. citizens from discrimination based on race. The 19th Amendment gave women the right to vote, and the 26th Amendment lowered the voting age to 18. Read Article

A.I. Is Starting to Wear Down Democracy | Steven Lee Myers and Stuart A. Thompson/The New York Times

Artificial intelligence has long threatened to transform elections around the world. Now there is evidence from at least 50 countries that it already has. Since the explosion of generative artificial intelligence over the last two years, the technology has demeaned or defamed opponents and, for the first time, officials and experts said, begun to have an impact on election results. As the technology improves, officials and experts warn, it is undermining faith in electoral integrity and eroding the political consensus necessary for democratic societies to function. Read Article

National: Red States Struggle to Build New Systems to Share Voter Data | Yunior Rivas/Democracy Docket

Back in 2023, a host of Republican-led states left a successful inter-state compact for sharing voter registration data and keeping their rolls up to date. Falsely portraying the pact as a progressive plot, several states vowed to create better systems of their own. Two years later, those efforts appear largely to have failed. The most prominent new initiative, built by Alabama, lacks anything close to the sophistication of the Electronic Registration Information Center (ERIC), the system the red states rejected, experts said. In fact, it isn’t even designed to allow multiple states to share data with each other — the core purpose that ERIC serves. Read Article

National: Trump calls for special prosecutor to investigate 2020 election Biden won | Eric Tucker/Associated Press

President Donald Trump on Friday called for the appointment of a special prosecutor to investigate the 2020 election won by Democrat Joe Biden, repeating his baseless claim that the contest was marred by widespread fraud. Trump’s post is part of an amped-up effort by him to undermine the legitimacy of Biden’s presidency. Earlier this month, Trump directed his administration to investigate Biden’s actions as president, alleging aides masked his predecessor’s “cognitive decline.” Biden has dismissed the investigation as “a mere distraction.” Read Article

National: More cities try extending voting rights to younger teens | Jessica Huseman/Votebeat

Amid all the worries about the perennially elusive youth vote, there’s a promising trend to talk about: In a growing number of towns and cities across the U.S., 16- and 17-year-olds are gaining the right to vote. The numbers are still small, but the momentum is real. Advocates say it’s about nurturing lifelong voters. Take Newark, New Jersey, which allowed 16- and 17-year-olds to vote in its school board election in April. Teen turnout was only about 3%. But that was better than the adults managed. Besides, as Sam Novey from the University of Maryland’s Center for Democracy and Civic Engagement puts it, the city “started from nothing.” Indeed, adding younger teens to the voter rolls involves building a lot of things from scratch. After Newark passed its ordinance last year allowing youth voting, officials had to rewire voter registration systems and launch a full-scale education campaign. It was about 14 months before 16- and 17-year-olds could cast their first ballots. Read Article

National: The SAVE database was already a headache for states. Now it’s fueling Trump’s voter fraud allegations. | Derek B. Johnson/CyberScoop

Just under three weeks after being elected to his first term as president of the United States, Donald Trump took to Twitter to claim he’d been cheated. While he had won the office through his strength in the electoral college, Trump wanted to make something clear: he also believed he’d won the popular vote “if you deduct the millions of people who voted illegally.” This rhetoric — that dark forces were conspiring to rig democratic outcomes against him — has endured through Trump’s two subsequent presidential campaigns, bolstered by persistent belief among Republicans that election fraud is rampant. Trump’s attacks eventually sharpened into the more specific charge that illegal immigrants were casting millions of fraudulent ballots for his Democratic opponents across the country. But over the past decade, these political attacks have always crashed headlong into an uncomfortable reality: the facts are not in his favor. All the data we have tells us that non-citizen voting is rare. Read Article

National: The Importance of Letting Voters Defend Their Rights in Court | Kendall Verhovek/Brennan Center for Justice

Since the dawn of the Voting Rights Act, federal courts heard Section 2 claims brought by voters. Without this ability to sue, many, if not most, of the claims against racially discriminatory voting policies would have gone unheard, leaving in place a far more unjust and imperfect electoral process. This right was tacitly affirmed in Brown v. Post and accepted again and again in every one of the hundreds of Section 2 cases brought by individuals and organizations and heard by federal courts. Until 2021. In a concurring opinion in a major Voting Rights Act ruling, Justice Neil Gorsuch called Section 2’s private right of action “an open question” — undercutting decades of judicial consensus. This invitation was accepted in 2022, when a district court, followed by the Eighth Circuit Court of Appeals in 2023, fully embraced this radical theory. The courts concluded that impacted voters and organizations can’t bring lawsuits under Section 2. Last month, a second ruling by a panel of the Eighth Circuit narrowed enforcement power further, preventing voters from suing for Section 2 offenses under another federal law that broadly protects against government violation of civil rights. Read Article

National: Justice Department’s early moves on voting and elections signal a shift from its traditional role | Christina A. Cassidy and Scott Bauer/Associated Press

In North Carolina, it was a lawsuit over the state’s voter registration records. In Arizona and Wisconsin, it was a letter to state election officials warning of potential administrative violations. And in Colorado, it was a demand for election records going back to 2020. Those actions in recent weeks by the U.S. Department of Justice’s voting section may seem focused on the technical machinery of how elections are run but signal deeper changes when combined with the departures of career attorneys and decisions to drop various voting rights cases. They represent a shift away from the division’s traditional role of protecting access to the ballot box. Instead, the actions address concerns that have been raised by a host of conservative activists following years of false claims surrounding elections in the U.S. Some voting rights and election experts also note that by targeting certain states — presidential battlegrounds or those controlled by Democrats — the moves could be foreshadowing an expanded role for the department in future elections. Read Article

National: A second federal judge partially blocks Trump’s executive order on elections | Carrie Levine/Votebeat

A federal judge has issued a second preliminary injunction blocking some provisions of the sweeping executive order on elections that President Donald Trump signed in March. Judge Denise Casper blocked provisions ordering the U.S. Election Assistance Commission to take steps to require documentary proof of citizenship from people registering to vote and requiring federal voter registration agencies to “assess” the citizenship of individuals who receive public assistance before providing them a voter registration form. Those provisions were also blocked by a federal judge in Washington D.C. last month in a separate case. Casper also blocked parts of the order telling the U.S. Justice Department to enforce a ballot receipt deadline of Election Day and ordering the EAC to withhold federal funds from states that did not comply with it. Casper wrote that the states challenging the provisions had “shown the risk of irreparable harm” if they were permitted to go into force, and the provisions would require the costly and difficult process of revamping states’ voter registration processes, as well as hampering “the registration of eligible voters, many of whom lack ready access to documentary evidence of citizenship.” Read Article

National: FBI Director Kash Patel feeds 2020 election conspiracy theories with documents about unverified tip | Ryan J. Reilly and David Rohde/NBC

FBI Director Kash Patel said this week the bureau had shared “alarming” — but unsubstantiated — allegations about manipulation of the 2020 election with a Republican member of Congress. The unsubstantiated claim promoted by Patel, which an unidentified confidential human source gave to the FBI in 2020, during President Donald Trump’s first term, asserts that the Chinese mass-produced driver’s licenses to be used in a mail-in ballot scheme. Patel linked to an article written by John Solomon, whom Trump appointed alongside Patel in 2022 to represent him before the National Archives and Records Administration on matters related to his presidential records. The article Patel promoted mentioned that U.S. Customs and Border Protection has seized fake licenses that were arriving mostly from China and Hong Kong around the time the FBI received the tip about the election plot. According to a 2020 news release from CBP, most of the seized licenses “were for college-age students,” a population that has historically sought licenses with fake birthdays so underage students can get into bars and purchase alcohol. No evidence of widespread or systemic voter fraud affecting the 2020 election has been found, despite allegations promoted by Trump and his allies since he lost that year’s presidential race. Read Article

National: Trump uses his power to cement a false history of the 2020 election | Jessica Huseman/Votebeat

Donald Trump’s second term is shaping up to be just as much about the past as the future. Not the past as it unfolded, but the version of events as he wants them remembered. There are a few troubling examples of how the president and his allies are actively attempting to reshape public views of the 2020 election and the Jan. 6, 2021, insurrection — and how these efforts are starting to affect real people and real institutions. Take Oklahoma. Teachers there are now facing updated social studies standards that instruct students to “identify discrepancies in 2020 elections results” — not to examine election systems or to discuss voter confidence, but to presume that the election was flawed. This language is a quiet but profound distortion: It accepts Trump’s false narrative of fraud and requires educators to teach that falsehood as fact. Read Article

Election Certification – Stronger safeguards can ensure that the process cannot be exploited to disrupt elections | Lauren Miller Karalunas/Brennan Center for Justice

Since the 2020 election, the election denial movement has led rogue local officials to refuse to fulfill their mandatory duty to certify election results. Efforts to interfere with certification persisted throughout the 2024 election cycle, becoming untethered from the presidential election outcome and focused instead on local disagreements over downballot races. States should strengthen their statutory frameworks ahead of the 2026 midterms to prevent and more efficiently resolve future certification disputes. Read Article

National: Federal judge appears open to blocking Trump’s election overhaul order | Nate Raymond/Reuters

A federal judge appeared open to blocking enforcement of U.S. President Donald Trump’s sweeping executive order overhauling elections that calls for requiring voters to prove they are U.S. citizens and barring states from counting mail-in ballots received after Election Day. At a hearing in Boston before U.S. District Judge Denise Casper, a lawyer for the Trump administration argued the Republican president’s order was lawful and that any request by 19 Democratic-led states challenging it was premature. But Casper said those states were under pressure to comply with Trump’s order before voting begins in the 2026 federal election cycle and that 13 of them that accept mail-in ballots postmarked by Election Day say they could be sued by the U.S. Department of Justice unless she issues an injunction. Read Article

National: House committee sets CISA budget cut at $135M, not Trump’s $495M | Tim Starks/CyberScoop

A House panel approved a fiscal 2026 funding bill Monday that would cut the Cybersecurity and Infrastructure Security Agency by $135 million from fiscal 2025, significantly less than the Trump administration’s proposed $495 million. The chairman of the House Appropriations Subcommittee on Homeland Security, Rep. Mark Amodei, said the annual Department of Homeland Security funding measure “responsibly trimmed” the CISA budget. But Illinois Rep. Lauren Underwood, the top Democrat on his panel, said the legislation “fails to address the catastrophic cybersecurity threats facing our critical infrastructure.” The subcommittee approved the bill by a vote of 8-4. CISA would get $2.7 billion under the measure, according to a committee fact sheet, or $134.8 million less than the prior year. Read Article

National: How Trump Upended Biden’s Successful Push For Federal Agencies to Register Voters | Matt Cohen/Democracy Docket

In March, 2021, then-President Joe Biden became the first president to make it clear: Federal agencies should be registering voters. An executive order issued by Biden that month led to unprecedented voter registration efforts by federal agencies that were lauded by voting rights advocates: The Department of the Interior worked with several states to make Tribal institutions voter registration centers. The Department of Veterans Affairs created a pilot voter registration program with Kentucky, Michigan and Pennsylvania. And the Small Business Administration started registering voters at local entrepreneur events in Michigan. That was just the start. But Republicans went ballistic, filing lawsuits and launching congressional probes into the order. They described the move as federal overreach, and warned, without evidence, that it would lead to non-citizens getting on the rolls. Read Article

National: Trump executive order takes steps to protect domestic hackers from blowback | Maggie Miller and John Sakellariadis/Politico

The Trump administration announced Friday it is amending “problematic elements” of two landmark cybersecurity executive orders — though the extent of the changes in many cases appears modest. The modifications are part of a new executive order signed Friday by President Donald Trump. The full text of the EO was released Friday afternoon, and the Trump administration first outlined details of the order in a White House fact sheet. The order outlines a potentially weighty change: the new EO would change the Obama-era order — which allows for sanctions on individuals behind cyberattacks on U.S. critical infrastructure — by limiting it “only to foreign malicious actors” and clarifying “that sanctions do not apply to election-related activities. Read Article

National: States are picking sides as competing election integrity efforts move ahead | Colin Wood/StateScoop

Two events last week offered a glimpse of the growing weight of politics in the nation’s elections process. Alabama’s secretary of state, Wes Allen, announced that Virginia had become the tenth state to join his voter integrity database, called AVID, an increasingly popular alternative to a larger bipartisan voter integrity coalition used by half of the nation’s state governments. And the New York State Assembly approved legislation permitting the state to join the more popular bipartisan system, called the Electronic Registration Information Center. With 26 members, ERIC is still the most popular way for states of all political persuasions to verify the accuracy of their voter rolls, but the Alabama Voter Integrity Database is proving an enticing, if less sophisticated, option for some secretaries of state, particularly in conservative regions where claims of noncitizen voting and a multitude of unfounded conspiracies of ERIC’s shadowy dealings abound. Read Article

National: Federal vs. state power at issue in a hearing over Trump’s election overhaul executive order | AP News