National

One of the country’s biggest hacking conferences became a test site this year for an urgent political question for the midterms: How to hunt for vulnerabilities in voting machines without fueling election misinformation. Since 2017, the annual DEF CON conference — which wrapped up Sunday in Las Vegas — has featured a “Voting Machine Village” where attendees attempt to crack voting equipment ranging from registration databases to ballot-casting machines. The hackers at DEF CON — which takes its name from the military term for alert levels — have found vulnerabilities in nearly every machine featured during those years. But this year, in the wake of a 2020 U.S. presidential election where false claims of election fraud abounded — including everything from disproven allegations that mail-in ballots were tampered with, to unfounded claims that some voting machines were programmed to change votes — the Voting Village got a lot more political — and the organizers worked to control the information coming out of it. “If there is one theme this year, it’s hackers against conspiracies,” said Harri Hursti, the co-founder of the Voting Machine Village. “2020 and all the side effects have changed everything here.” It’s a tough battle to fight, and one that offers a taste of the problems that the election security community will be grappling with in the run-up to the November elections and the weeks following — as they try to both make sure voting equipment is as secure as possible and to tamp down false claims that the equipment could be tampered with to change the outcome of the election.

Full Article: ‘Hackers against conspiracies’: Cyber sleuths take aim at election disinformation – POLITICO

National: Election deniers march toward power in key 2024 battlegrounds | Amy Gardner/The Washington Post

First came Kristina Karamo, a community college instructor from Detroit who claimed without evidence that she witnessed fraud as a 2020 election observer — and who in April became her party’s pick for secretary of state, Michigan’s top election official, after repeatedly touting those claims. Next was Doug Mastriano, the firebrand state lawmaker from Pennsylvania who urged his colleagues to throw out Joe Biden’s 2020 victory. In May, Mastriano secured the GOP nomination for governor, a position with the power to certify the state’s slate of presidential electors. Finally, this month, Arizona Republicans nominated Kari Lake for governor and Mark Finchem for secretary of state. Both are outspoken election deniers who have pledged that they would not have certified Biden’s victory in their state. The winners fit a pattern: Across the battleground states that decided the 2020 vote, candidates who deny the legitimacy of that election have claimed nearly two-thirds of GOP nominations for state and federal offices with authority over elections, according to a Washington Post analysis.

Full Article: Election deniers march toward power in key 2024 battlegrounds – The Washington Post

National: Trump-allied lawyers pursued voting machine data in multiple states, records reveal | Emma Brown , Jon Swaine , Aaron C. Davis and Amy Gardner/The Washington Post

A team of computer experts directed by lawyers allied with President Donald Trump copied sensitive data from election systems in Georgia as part of a secretive, multistate effort to access voting equipment that was broader, more organized and more successful than previously reported, according to emails and other records obtained by The Washington Post. As they worked to overturn Trump’s 2020 election defeat, the lawyers asked a forensic data firm to access county election systems in at least three battleground states, according to the documents and interviews. The firm charged an upfront retainer fee for each job, which in one case was $26,000. Attorney Sidney Powell sent the team to Michigan to copy a rural county’s election data and later helped arrange for them to do the same in the Detroit area, according to the records. A Trump campaign attorney engaged the team to travel to Nevada. And the day after the Jan. 6 attack on the Capitol the team was in southern Georgia, copying data from a Dominion voting system in rural Coffee County. The emails and other records were collected through a subpoena issued to the forensics firm, Atlanta-based SullivanStrickler, by plaintiffs in a long-running lawsuit in federal court over the security of Georgia’s voting systems. The documents provide the first confirmation that data from Georgia’s election system was copied. Indications of a breach there were first raised by plaintiffs in the case in February, and state officials have said they are investigating.

Full Article: Trump-allied lawyers pursued voting machine data in multiple states, records reveal – The Washington Post

National: CISA expands efforts to fight election disinformation ahead of ‘challenging’ 2024 vote | Suzanne Smalley/CyberScoop

Chris Krebs, former head of the nation’s cybersecurity agency inside the Department of Homeland Security, caused a stir this week when he suggested the agency break out on its own. Instead of the Cybersecurity and Infrastructure Security Agency residing in DHS, Krebs told an audience at the Black Hat cybersecurity conference in Las Vegas, a standalone CISA could help streamline how the private sector and other stakeholders work with the government to combat cyberthreats. “Instead of going to five or six different agencies, make the front door clearly visible — and as I see it that’s CISA,” Krebs said. But former CISA officials and other cybersecurity experts said that idea is simply unrealistic and impractical. CyberScoop spoke with eight former U.S. cybersecurity officials, executives and experts about Krebs’ comments and a majority said that CISA needs to reside inside DHS in order to accomplish its mission. “DHS gives CISA size and Cabinet-level seniority in the interagency,” Looking Glass CEO Bryan Ware, who previously served in senior cybersecurity roles at CISA and DHS, told CyberScoop. “I worry that without that top cover [CISA] could be diminished by DOD, FBI and others.”

Full Articlee: CISA expands efforts to fight election disinformation ahead of ‘challenging’ 2024 vote

National: On TikTok, Election Misinformation Thrives Ahead of Midterms | Tiffany Hsu/The New York Times

In Germany, TikTok accounts impersonated prominent political figures during the country’s last national election. In Colombia, misleading TikTok posts falsely attributed a quotation from one candidate to a cartoon villain and allowed a woman to masquerade as another candidate’s daughter. In the Philippines, TikTok videos amplified sugarcoated myths about the country’s former dictator and helped his son prevail in the country’s presidential race. Now, similar problems have arrived in the United States. Ahead of the midterm elections this fall, TikTok is shaping up to be a primary incubator of baseless and misleading information, in many ways as problematic as Facebook and Twitter, say researchers who track online falsehoods. The same qualities that allow TikTok to fuel viral dance fads — the platform’s enormous reach, the short length of its videos, its powerful but poorly understood recommendation algorithm — can also make inaccurate claims difficult to contain. Baseless conspiracy theories about certain voter fraud in November are widely viewed on TikTok, which globally has more than a billion active users each month. Users cannot search the #StopTheSteal hashtag, but #StopTheSteallll had accumulated nearly a million views until TikTok disabled the hashtag after being contacted by The New York Times. Some videos urged viewers to vote in November while citing debunked rumors raised during the congressional hearings into the Jan. 6, 2021, attack on the Capitol. TikTok posts have garnered thousands of views by claiming, without evidence, that predictions of a surge in Covid-19 infections this fall are an attempt to discourage in-person voting.

Full Article: On TikTok, Election Misinformation Thrives Ahead of Midterms – The New York Times

National: Another year, another high-profile voter-fraud summit — this time from True the Vote — goes bust | Philip Bump/The Washington Post

It was just over a year ago that MyPillow CEO Mike Lindell convened supporters and data experts in South Dakota for a multiday summit at which he pledged to show his evidence that foreign actors had interfered in the 2020 election. As presented, the idea was straightforward: Lindell, who believed fervently that the election had been stolen, would finally offer up the raw information that he claimed showed how voting machines had been hacked and the results altered from overseas. This wasn’t his analysis, obviously; he’d hired guys who said they’d uncovered a pattern that could be replicated by others. But when the moment came … it couldn’t. The data was invalid and/or useless. There was no proof. None has since emerged. But Lindell was in a corner. He’d kept stringing people along for months, promising a big reveal. Whether he knew he didn’t have anything or not, someone did. And this is how cons work: The stakes keep getting increased until the whole thing collapses. This episode sprang to mind immediately when I started watching “The Pit,” a symposium held in Arizona over the weekend by 2022′s in-vogue election conspiracy theorists, the leaders of the group True the Vote. Same elevation of hype. Same collapse of what was promised.

Full Article: Another year, another high-profile voter-fraud summit — this time from True the Vote — goes bust – The Washington Post

Election lies pose physical threat to US poll workers, House report warns | Victoria Bekiempis/The Guardian

A sweeping US House oversight committee report has warned that lies and misinformation around the 2020 American presidential election present an “ongoing threat to representative democracy” and pose a grave physical danger to election officials. The 21-page report called for emergency funding to address increased security costs related to 2022 contests and warned that there was a much-heightened risk that conspiracy theorists could gain power over elections in the future. The report also detailed chilling threats against election administrators across the country. One Texas official received menacing messages targeting him and “threatening his children, saying, ‘I think we should end your bloodline.’” The messages against him came following “personal attacks on national media outlets”. Another threat included a social media call to “hang him when convicted for fraud and let his lifeless body hang in public until maggots drip out of his mouth”. The committee started investigating the impact of lies surrounding election administration in early 2021. After former Donald Trump lost the 2020 election, he falsely insisted that the election was stolen from him.

Full Article: Election lies pose physical threat to US poll workers, House report warns | US elections 2020 | The Guardian

Barcode Voting Machines: The Most Unnecessary Gap in US Election Security | Elise Kline/WhoWhatWhy

Election technology experts are warning that barcode ballot marking devices (BMDs) are vulnerable to bad actors capable of committing the perfect crime: changing the information on a ballot and getting away with it without the voter even realizing it happened. The use of barcodes is one of these machines’ biggest downsides. When people vote with these BMDs, they fill out their ballot on a screen; a printer then produces a paper ballot marked with a barcode. To cast their ballot, users feed this paper into a third device that scans the barcode to record the vote. And that’s a problem. “Voters can’t read barcodes,” said Alex Halderman, professor of computer science and director of the Center for Computer Security and Society at the University of Michigan. “The problem is that you’re putting a potentially compromised computer in between the voter and the permanent and only record of their ballot.” Their susceptibility to these types of attacks is not the only problem; BMDs are also difficult to adequately test and audit, according to a 2022 research report from the University of California, Berkeley. The report demonstrates that even a small percentage of votes changed in a cybersecurity attack can alter the overall margin of results. It found that changing the votes on just 1 percent of ballots in a jurisdiction can alter the margin of a contest jurisdiction-wide by 2 percent, even if there are no undervotes or invalid votes.

Full Article: Barcode Voting Machines: The Most Unnecessary Gap in US Election Security – WhoWhatWhy

National: After Mar-a-Lago search, users on pro-Trump forums agitate for ‘civil war’ — including a Jan. 6 rioter | Ben Collins and Ryan J. Reilly/NBC

Some users on pro-Trump internet forums told users to “lock and load,” agitated for civil war and urged protesters to head to Mar-a-Lago in the hours after news broke that the FBI searched former President Donald Trump’s Florida compound on Monday. One user posting about the “civil war” shortly after the search was Tyler Welsh Slaeker, a Washington state man awaiting sentencing for storming the Capitol on Jan. 6, 2021, according to previous research and statements posted online. A report in December by Advance Democracy, a nonpartisan, nonprofit investigative group, found that Slaeker posted to the pro-Trump internet forum TheDonald under the username “bananaguard62.” On Monday night, the username “bananaguard62” posted the top reply to the “lock and load” post. “Are we not in a cold civil war at this point?” the account asked. Another user responded, “several points ago.” Another top reply to Slaeker quoted a notorious antisemitic Nazi rallying cry.

Full Article: After Mar-a-Lago search, users on pro-Trump forums agitate for ‘civil war’ — including a Jan. 6 rioter

National: Historians privately warn Biden that America’s democracy is teetering | Michael Scherer, Ashley Parker and Tyler Pager/The Washington Post

President Biden paused last week, during one of the busiest stretches of his presidency, for a nearly two-hour private history lesson from a group of academics who raised alarms about the dire condition of democracy at home and abroad. The conversation during a ferocious lightning storm on Aug. 4 unfolded as a sort of Socratic dialogue between the commander in chief and a select group of scholars, who painted the current moment as among the most perilous in modern history for democratic governance, according to multiple people familiar with the discussions who spoke on the condition of anonymity to describe a private meeting. Comparisons were made to the years before the 1860 election when Abraham Lincoln warned that a “house divided against itself cannot stand” and the lead-up to the 1940 election, when President Franklin D. Roosevelt battled rising domestic sympathy for European fascism and resistance to the United States joining World War II. The diversion was, for Biden, part of a regular effort to use outside experts, in private White House meetings, to help him work through his approach to multiple crises facing his presidency. Former president Bill Clinton spoke with Biden in May about how to navigate inflation and the midterm elections. A group of foreign policy experts, including former Republican advisers, came to the White House in January to brief Biden before the Russian invasion of Ukraine.

Full Article: Historians privately warn Biden: America’s democracy is on the brink – The Washington Post

National: CISA publishes cyber toolkit for election officials ahead of midterms | Benjamin Freed/StateScoop

The Cybersecurity and Infrastructure Security Agency on Wednesday released a guide to digital threats facing state and local election officials and recommendations on how to mitigate them in the run-up to November. The “Cybersecurity Toolkit to Protect Elections” aims to help election administrators and their staffs protect themselves against threats including phishing, ransomware, email scams, denial-of-service attacks and other vectors that could potentially disrupt the voting process or confuse voters. The guide notes, for instance, that election officials “are often required to open email attachments, which could contain malicious payloads,” to run processes like absentee ballot applications. It also warns that a ransomware attack against an election office could scramble or leak voter registration data or the software used to publish unofficial election results. The cyber toolkit is the latest output from CISA’s Joint Cyber Defense Collaborative, or JCDC — the year-old initiative borrows its name from the band AC/DC — and comes as CISA Director Jen Easterly and many election officials gather in Las Vegas for the Black Hat and DEF CON events. Easterly launched the JCDC effort in 2021 to build engagement between federal cyber authorities, the tech industry and state and local governments.

Full Article: CISA publishes cyber toolkit for election officials ahead of midterms

National: At least 10 Republican nominees for state elections chief have disputed the legitimacy of the 2020 election | Daniel Dale/CNN

In at least 10 states, the Republican nominee for the job of overseeing future elections is someone who has questioned, rejected or tried to overturn the results of the 2020 election. Secretaries of state will play a critical role in managing and certifying the presidential election in 2024. The distinct possibility that some of these secretaries will be people with a history of election denial is a major challenge for American democracy — especially because former President Donald Trump, who is widely expected to run again in 2024, continues to pressure state officials to discard the will of voters. The Republican nominees for secretary of state in the November 2022 midterm elections include three swing-state candidates who have made efforts to overturn 2020 results in their states: Mark Finchem of Arizona, Kristina Karamo of Michigan and Jim Marchant of Nevada. The Republican nominee in Republican-dominated Alabama, Wes Allen, expressed support for a 2020 lawsuit that sought to get the Supreme Court to toss out Joe Biden’s victory. The Republican nominee in Republican-dominated Indiana, Diego Morales, has called the 2020 election a “scam,” the vote “tainted” and the outcome “questionable.”

Full Article: At least 10 Republican nominees for state elections chief have disputed the legitimacy of the 2020 election – CNNPolitics

National: Five States Will Decide If the 2024 Election Can Be Stolen | Ryan Teague Beckwith and Bill Allison/Bloomberg

Donald Trump’s effort to overturn his 2020 election loss to Joe Biden failed, but his loyalists have never stopped trying to turn the US election system into one that would return him to the White House in 2024—fairly or otherwise. In the last two years, Republicans have sought to remove state officials who wouldn’t manufacture votes and falsely declare him the winner. They changed the way elections are run in response to his conspiracy theories. Most importantly, they’ve nominated people who insist Trump won as candidates for US Congress and governor, and for offices that certify the outcome. Has it worked? To answer that question, a team of Bloomberg journalists set out to find which states are most vulnerable to political election interference—and what it means for elections this fall and in 2024, when the White House will once again be at stake. We dug into laws in all 50 states and scrutinized the thousands of election-related bills proposed nationwide since 2020. We consulted election-security experts, voting rights advocates, election lawyers, academics and current and former elections administrators as well as decades of political research to zero in on how elections work.

Full Article: Five States Will Decide If the 2024 Election Can Be Stolen

National: Hunting for Voter Fraud, Conspiracy Theorists Organize ‘Stakeouts’ | Tiffany Hsu and Stuart A. Thompson/The New York Times

One night last month, on the recommendation of a man known online as Captain K, a small group gathered in an Arizona parking lot and waited in folding chairs, hoping to catch the people they believed were trying to destroy American democracy by submitting fake early voting ballots. Captain K — which is what Seth Keshel, a former U.S. Army intelligence officer who espouses voting fraud conspiracy theories, calls himself — had set the plan in motion. In July, as states like Arizona were preparing for their primary elections, he posted a proposal on the messaging app Telegram: “All-night patriot tailgate parties for EVERY DROP BOX IN AMERICA.” The post received more than 70,000 views. Similar calls were galvanizing people in at least nine other states, signaling the latest outgrowth from rampant election fraud conspiracy theories coursing through the Republican Party. In the nearly two years since former President Donald J. Trump catapulted false claims of widespread voter fraud from the political fringes to the conservative mainstream, a constellation of his supporters have drifted from one theory to another in a frantic but unsuccessful search for evidence. Many are now focused on ballot drop boxes — where people can deposit their votes into secure and locked containers — under the unfounded belief that mysterious operatives, or so-called ballot mules, are stuffing them with fake ballots or otherwise tampering with them. And they are recruiting observers to monitor countless drop boxes across the country, tapping the millions of Americans who have been swayed by bogus election claims.

Full Article: Hunting for Voter Fraud, Conspiracy Theorists Organize ‘Stakeouts’ – The New York Times

In 4 Swing States, G.O.P. Election Deniers Could Oversee Voting | Jennifer Medina, Reid J. Epstein and Nick Corasaniti/The New York Times

With Tuesday’s primary victories in Arizona and Michigan added to those in Nevada and Pennsylvania, Republicans who have disputed the legitimacy of the 2020 presidential election and who could affect the outcome of the next one are on a path toward winning decisive control over how elections are run in several battleground states. Running in a year in which G.O.P. voters are energized by fierce disapproval of President Biden, these newly minted Republican nominees for secretary of state and governor have taken positions that could threaten the nation’s traditions of nonpartisan elections administration, acceptance of election results and orderly transfers of power. Each has spread falsehoods about fraud and illegitimate ballots, endorsing the failed effort to override the 2020 results and keep former President Donald J. Trump in power. Their history of anti-democratic impulses has prompted Democrats, democracy experts and even some fellow Republicans to question whether these officials would oversee fair elections and certify winners they didn’t support. There is no question that victories by these candidates in November could lead to sweeping changes to how millions of Americans vote. Several have proposed eliminating mail voting, ballot drop boxes and even the use of electronic voting machines, while empowering partisan election observers and expanding their roles. “If any one of these election deniers wins statewide office, that’s a five-alarm fire for our elections,” said Joanna Lydgate, the chief executive of States United Action, a bipartisan legal and democracy watchdog organization. “It could throw our elections into chaos. It could put our democracy at risk.”

Full Article: In 4 Swing States, G.O.P. Election Deniers Could Oversee Voting – The New York Times

Election workers reported more than 1,000 ‘hostile’ contacts in past year | Shawna Mizelle/CNN

A task force launched by the Justice Department last year to investigate threats against election workers looked at more than 1,000 contacts “reported as hostile or harassing” and said about 11% of those “met the threshold for a federal criminal investigation.” The findings were presented at a briefing on Monday with US Assistant Attorney General Kenneth A. Polite and a bipartisan group of about 750 election officials and workers from across the country as they prepare for the midterm elections. The Election Threats Task Force, which was created last year to address an increasing number of election workers’ concerns over ongoing threats against them, also found that in instances where a source of reported contact was identified, “in 50% of the matters, the source contacted the victim on multiple occasions.” Aside from the 11% of the contacts that merited a federal investigation, “the remaining reported contacts did not provide a predication for a federal criminal investigation,” the Justice Department said in a news release announcing the findings on Monday. “While many of the contacts were often hostile, harassing, and abusive towards election officials, they did not include a threat of unlawful violence.”

National: Momentum Builds for Overhaul of Rules Governing the Electoral Count | Carl Hulse/The New York Times

Determined to prevent a repeat of the Jan. 6, 2021, assault on the Capitol, backers of an overhaul of the federal law governing the count of presidential electoral ballots pressed lawmakers on Wednesday to repair the flaws that President Donald J. Trump and his allies tried to exploit to reverse the 2020 results. “There is nothing more essential to the orderly transfer of power than clear rules for effecting it,” Senator Susan Collins, Republican of Maine and one of the lead authors of a bill to update the 135-year-old Electoral Count Act, said Wednesday as the Senate Rules Committee began its review of the legislation. “I urge my colleagues in the Senate and the House to seize this opportunity to enact the sensible and much-needed reforms before the end of this Congress.” Backers of the legislation, which has significant bipartisan support in the Senate, believe that a Republican takeover of the House in November and the beginning of the 2024 presidential election cycle could make it impossible to make major election law changes in the next Congress. They worry that, unless the outdated statute is changed, the shortcomings exposed by Mr. Trump’s unsuccessful effort to interfere with the counting of electoral votes could allow another effort to subvert the presidential election. “The Electoral Count Act of 1887 just turned out to be more troublesome, potentially, than anybody had thought,” said Senator Roy Blunt of Missouri, the senior Republican on the rules panel. “The language of 1887 is really outdated and vague in so many ways. Both sides of the aisle want to update this act.”

Full Article: Lawmakers Urge Electoral Count Changes to Fix Flaws Trump Exploited – The New York Times

National: Pro-Trump activists swamp election officials with sprawling records requests | Nathan Layne/Reuters

Pro-Trump operatives are flooding local officials with public-records requests to seek evidence for the former president’s false stolen-election claims and to gather intelligence on voting machines and voters, adding to the chaos rocking the U.S. election system. The Maricopa County Recorder’s Office in Arizona, an election battleground state, has fielded 498 public records requests this year – 130 more than all of last year. Officials in Washoe County, Nevada, have fielded 88 public records requests, two-thirds more than in all of 2021. And the number of requests to North Carolina’s state elections board have already nearly equaled last year’s total of 229. The surge of requests is overwhelming staffs that oversee elections in some jurisdictions, fueling baseless voter-fraud allegations and raising concerns about the inadvertent release of information that could be used to hack voting systems, according to a dozen election officials interviewed by Reuters. Republican and Democratic election officials said they consider some of the requests an abuse of freedom-of-information laws meant to ensure government transparency. Records requests facing many of the country’s 8,800 election offices have become “voluminous and daunting” since the 2020 election, said Kim Wyman, head of election security at the federal Cybersecurity and Infrastructure Security Agency (CISA). Last year, when she left her job as Washington secretary of state, the state’s top election official, her office had a two-year backlog of records requests.

Full Article: Pro-Trump activists swamp election officials with sprawling records requests | Reuters

National: Research suggests one way to fight voting misinformation | Miles Parks/NPR

For election officials, falsehoods about America’s voting process can feel like a game of whack-a-mole. “There’s just so much that is incorrect that they just keep repeating and repeating and repeating,” one Colorado voting official told NPR recently. “And then as soon as I have absolutely blocked off that path with actual correct information, then they just move that goal post. And they keep just moving the goal posts.” But it’s clear this “game” has massive stakes. A Justice Department official said in a Senate hearing this week that the federal law enforcement agency had reviewed more than a thousand hostile threats against election workers over the past year. And in a separate congressional hearing, lawmakers mulled how to make the presidential election certification process less vulnerable to partisan hijacking. In what has essentially become an information war for the future of democracy, people driven by misinformation are acting on it to harass election workers and subvert the will of the voters. And election officials have struggled to find an effective message to fight back.

Full Article: Research suggests one way to fight voting misinformation : NPR

National: As Midterms Loom, Congress Fears Domestic Disinformation | Jule Pattison-Gordon/GovTech

Federal lawmakers are looking to learn more about combating mis- and disinformation as midterm elections approach. Domestic sources have emerged as the greatest perpetrators of falsehoods, said several witnesses during a July 27 House hearing. “ISD research suggests domestic disinformation targets Americans at a higher volume and frequency than foreign campaigns,” testified Jiore Craig, head of digital integrity at the Institute for Strategic Dialogue (ISD), a think tank that analyzes extremism. Domestic actors can be particularly convincing. For example, some social media ads tout election falsehoods while featuring trustworthy-sounding organization names and, without permission, displaying images of trusted public figures, Craig said. “Much domestic disinformation is well-resourced, references real-world people and events, and deliberately uses social media product features like targeted advertising, recommendation systems and ‘explore’ feeds that are opt-in by default to seed disinformation,” Craig said in written testimony.

Full Article: As Midterms Loom, Congress Fears Domestic Disinformation

National: How Six States Could Overturn the 2024 Election | Barton Gellman/The Atlantic

Late last month, in one of its final acts of the term, the Supreme Court queued up another potentially precedent-wrecking decision for next year. The Court’s agreement to hear Moore v. Harper, a North Carolina redistricting case, isn’t just bad news for efforts to control gerrymandering. The Court’s right-wing supermajority is poised to let state lawmakers overturn voters’ choice in presidential elections. To understand the stakes, and the motives of Republicans who brought the case, you need only one strategic fact of political arithmetic. Six swing states—Pennsylvania, Michigan, Wisconsin, Arizona, Georgia, and North Carolina—are trending blue in presidential elections but ruled by gerrymandered Republican state legislatures. No comparable red-trending states are locked into Democratic legislatures. Joe Biden won five of those six swing states in 2020. Donald Trump then tried and failed, lawlessly, to muscle the GOP state legislators into discarding Biden’s victory and appointing Trump electors instead. The Moore case marks the debut in the nation’s highest court of a dubious theory that could give Republicans legal cover in 2024 to do as Trump demanded in 2020. And if democracy is subverted in just a few states, it can overturn the election nationwide.

Full Article: How Six States Could Overturn the 2024 Election – The Atlantic

Georgia: Trump Lawyer Proposed Challenging Senate Elections in Search of Fraud | Maggie Haberman and Luke Broadwater/The New York Times

John Eastman, the conservative lawyer whose plan to block congressional certification of the 2020 election failed in spectacular fashion on Jan. 6, 2021, sent an email two weeks later arguing that pro-Trump forces should sue to keep searching for the supposed election fraud he acknowledged they had failed to find. On Jan. 20, 2021, hours after President Biden’s inauguration, Mr. Eastman emailed Rudolph W. Giuliani, former President Donald J. Trump’s personal lawyer, proposing that they challenge the outcome of the runoff elections in Georgia for two Senate seats that had been won on Jan. 5 by Democrats. “A lot of us have now staked our reputations on the claims of election fraud, and this would be a way to gather proof,” Mr. Eastman wrote in the previously undisclosed email, which also went to others, including a top Trump campaign adviser. “If we get proof of fraud on Jan. 5, it will likely also demonstrate the fraud on Nov. 3, thereby vindicating President Trump’s claims and serving as a strong bulwark against Senate impeachment trial.” The email, which was reviewed by The New York Times and authenticated by people who worked on the Trump campaign at the time, is the latest evidence that even some of Mr. Trump’s most fervent supporters knew they had not proven their baseless claims of widespread voting fraud — but wanted to continue their efforts to delegitimize the outcome even after Mr. Biden had taken office.

Full Article: John Eastman Proposed Challenging Georgia Senate Elections in Search of Fraud – The New York Times

State elections officials struggle with paper shortages, harassment, insider threats | Kira Lerner/Idaho Capital Sun

Elections officials from 33 states, gathered for a conference under tight security, warned that the next few election cycles will be affected by paper shortages and the potential for threats from inside elections offices. The meeting of the National Association of State Elections Directors last week was held with stringent security precautions, given the ongoing threats and harassment faced by elections officials across the country in the years since the 2020 election. Organizers didn’t publicly share the location of the meeting and attendees were instructed to keep name badges visible inside the conference rooms, but not to wear them outside the hotel. NASED executive director Amy Cohen said the group coordinated with federal, state, and local law enforcement for the event to protect the attendees who are dealing with serious security concerns. “Not every one of our members is dealing with the same level of concern, but when you’re all together, it doesn’t matter,” she said. “It’s the transitive property of risk.” Cohen said she worked closely with a physical security adviser for the Cybersecurity and Infrastructure Security Agency, a federal agency which also sent representatives to the conference to give a presentation for election officials on the resources they have available to help them ensure the security of their election systems.

Full Article: State elections officials struggle with paper shortages, harassment, insider threats – Idaho Capital Sun

National: The Fake Electors Scheme, Explained | Alan Feuer and Katie Benner/The New York Times

The brazen plan to create false slates of electors pledged to former President Donald J. Trump in seven swing states that were actually won by Joseph R. Biden Jr. was arguably the longest-running and most expansive of the multiple efforts by Mr. Trump and his allies to overturn the results of the 2020 election. It was also one of the most confusing, involving a sprawling cast of pro-Trump lawyers, state Republican officials and White House aides in an effort that began before some states had even finished counting their ballots. It culminated in the campaign to pressure Vice President Mike Pence to use the false slates to subvert congressional certification of the outcome on Jan. 6, 2021 — and in the violent attack on the Capitol that unfolded as he refused to do so. The scheme had a vague historical precedent and was rooted, at least in theory, in a post-Reconstruction Era law designed to address how to handle disputed elections. But it was deemed illegal by Mr. Trump’s own White House Counsel’s Office. Even some of the lawyers who helped come up with the idea referred to it as fake and acknowledged that it was of dubious legality, according to a cache of email messages brought to light by The New York Times. The fake electors tactic caught the attention of state law enforcement officials around the beginning of this year, and soon became a focus of the inquiry being conducted by the House select committee investigating the events of Jan. 6. The plan has also figured prominently in an investigation that an Atlanta-area prosecutor is conducting into Mr. Trump’s alleged election meddling. And it is at the heart of the Justice Department’s own wide-ranging Jan. 6 inquiry.

Full Article: The Fake Electors Scheme, Explained – The New York Times

National: Garland promises ‘justice without fear or favor’ as DoJ digs into Trump’s January 6 role | Martin Pengelly/The Guardian

The US attorney general, Merrick Garland, said he would “pursue justice without fear or favor” in his decision on whether to charge Donald Trump with crimes related to the Capitol attack and his attempt to overturn the 2020 election, as news reports indicate the justice department’s investigation is heating up. The department is conducting a criminal investigation into the events surrounding and preceding the January 6 insurrection, an effort that Garland – speaking to NBC’s Lester Holt on Tuesday – called “the most wide-ranging investigation in its history”. News reports on Tuesday suggested the inquiry is homing in on Trump’s role. The Washington Post reported – according to sources who spoke on condition of anonymity – that investigators have specifically questioned witnesses about Trump’s involvement in schemes to overturn the vote, and received the phone records of Trump officials and aides, including former chief of staff, Mark Meadows. The New York Times also reported that federal investigators had directly questioned witnesses about Trump’s efforts, signaling an escalation. Responding to criticism that it is not acting quickly enough, Garland told NBC that the department was “moving urgently to learn everything we can learn about this period, and to bring to justice everybody who is criminally responsible for interfering with the peaceful transfer of power … which is the fundamental element of our democracy”.

Full Article: Garland promises ‘justice without fear or favor’ as DoJ digs into Trump’s January 6 role | Merrick Garland | The Guardian

National: 2020 Election Deniers Seek Out Powerful Allies: County Sheriffs | Alexandra Berzon and Nick Corasaniti/The New York Times

An influential network of conservative activists fixated on the idea that former President Donald J. Trump won the 2020 election is working to recruit county sheriffs to investigate elections based on the false notion that voter fraud is widespread. The push, which two right-wing sheriffs’ groups have already endorsed, seeks to lend law enforcement credibility to the false claims and has alarmed voting rights advocates. They warn that it could cause chaos in future elections and further weaken trust in an American voting system already battered by attacks from Mr. Trump and his allies. One of the conservative sheriffs’ groups, Protect America Now, lists about 70 members, and the other, the Constitutional Sheriffs and Peace Officers Association, does not list its membership but says it conducted trainings on various issues for about 300 of the nation’s roughly 3,000 sheriffs in recent years. It is unclear how many sheriffs will ultimately wade into election matters. Many aligned with the groups are from small, rural counties. But at least three sheriffs involved in the effort — in Michigan, Kansas and Wisconsin — have already been carrying out their own investigations, clashing with election officials who warn that they are overstepping their authority and meddling in an area where they have little expertise.

Full Article: 2020 Election Deniers Seek Out Powerful Allies: County Sheriffs – The New York Times

National: Conspiracy-promoting sheriffs claim vast election authority | John Hanna and Christina A. Cassidy/Associated Press

The sheriff in Kansas’ most populous county says he took it for granted that local elections ran smoothly — until former President Donald Trump lost there in 2020. Now he’s assigned detectives to investigate what he claims is election fraud, even though there has been no evidence of any widespread fraud or manipulation of voting machines in 2020. Calvin Hayden in Johnson County, which covers suburban Kansas City, isn’t the only sheriff in the U.S. to try to carve out a bigger role for their office in investigating elections. Promoters of baseless conspiracy theories that the last presidential election was stolen from Trump are pushing a dubious theory that county sheriffs can access voting machines and intervene in how elections are run — and also have virtually unchecked power in their counties. Voting-rights advocates and election experts said any attempts by law enforcement to interfere in elections would be alarming and an extension of the threat posed by the continued circulation of Trump’s lies about the 2020 election. “What we have seen time and again is that those who support the ‘Big Lie’ find conduits to groups of people who they think can help perpetuate this conspiracy theory and erode confidence in elections and potentially cast doubt on them going forward,” said David Levine, a former election official who is now a fellow with the Alliance for Securing Democracy, a nonpartisan institute with staff in Washington and Brussels whose mission involves combatting efforts to undermine democratic institutions.

Full Article: Conspiracy-promoting sheriffs claim vast election authority | AP News

National: A Hidden New Threat to U.S. Elections | Blake Hounshell and Nick Corasaniti/The New York Times