National

Donald J. Trump, constitutional scholar, has entered the chat. In a remarkable interview with Jon Karl published by Axios on Friday, Trump defended the Jan. 6 rioters chanting “Hang Mike Pence” on the grounds that “it’s common sense” that Pence should have overturned the Electoral College count.* Beneath the horrifying justification of political violence—the attempted assassination of the sitting vice president—there is a rotten foundation of truly terrible legal analysis. As I’ve explained in Slate and in scholarship, the vice president has no constitutional authority to reject electoral votes he doesn’t like. In the interview, Trump claimed that “50/50, it’s right down the middle for the top constitutional scholars when I speak to them” on the vice president’s authority to unilaterally throw out election results. He’s wrong—at least if “constitutional scholars” means people who have read and understand the Constitution. Donald J. Trump, constitutional scholar, has entered the chat. In a remarkable interview with Jon Karl published by Axios on Friday, Trump defended the Jan. 6 rioters chanting “Hang Mike Pence” on the grounds that “it’s common sense” that Pence should have overturned the Electoral College count.* Beneath the horrifying justification of political violence—the attempted assassination of the sitting vice president—there is a rotten foundation of truly terrible legal analysis. As I’ve explained in Slate and in scholarship, the vice president has no constitutional authority to reject electoral votes he doesn’t like. In the interview, Trump claimed that “50/50, it’s right down the middle for the top constitutional scholars when I speak to them” on the vice president’s authority to unilaterally throw out election results. He’s wrong—at least if “constitutional scholars” means people who have read and understand the Constitution. Who are these “constitutional scholars” feeding Trump this radical view? Johnny McEntee, a 31-year-old former college football player with no legal training, sent a “memo” by text message to Marc Short, Pence’s chief of staff, claiming that “Jefferson Used His Position as VP to Win” the presidency by manipulating the electoral count and so Pence could as well.* (As I’ve explained, Jefferson did no such thing.) Rudy Giuliani, whose law license has been suspended to “protect the public,” falsely told Trump that there “is no question, none at all, that the VP can do this. That’s a fact. The Constitution gives him the authority not to certify. It goes back to the state legislatures.” And of course John Eastman, whose memo baldly asserted that “the fact is that the Constitution assigns this power to the Vice President as the ultimate arbiter.”

Full Article: Constitutional scholars are not “50/50” in agreement with Donald Trump about Jan. 6.

California: Legal Experts Reignite Call for John Eastman Ethics Investigation | Erin Snodgrass/Business Insider

A nonpartisan election security nonprofit urged the California Bar Association to investigate John Eastman, a conservative attorney who counseled President Donald Trump. In a letter addressed to the Office of Chief Trial Counsel earlier this week, legal experts with the States United Democracy Center called for the probe into Eastman, who penned a memo arguing how then-Vice President Mike Pence could overturn the 2020 election results during the January 6 election certification process. Six weeks after filing an initial complaint in October, the States United Democracy Center followed up on Eastman’s “potential legal ethics violations” with a new letter on Tuesday citing “a great deal” of new evidence that “strongly confirms the allegations of ethical conduct” in its initial complaint. A two-page memo first published by CNN in September and obtained by Washington Post journalists Bob Woodward and Robert Costa for their book “Peril,” detailed Eastman’s proposed argument for how the Trump administration could maintain the White House despite losing the 2020 presidential election. Insider later acquired a six-page version of Eastman’s memo, which suggested Pence toss out the results from seven states and then redirect the election to the House of Representatives. The memo prompted scrutiny surrounding Eastman, a former clerk for Supreme Court Associate Justice Clarence Thomas, for his advisory to Trump during the final year of his presidency.

Full Article: Legal Experts Reignite Call for John Eastman Ethics Investigation

National: Conspiracy theories are an election security threat, new report says | Joseph Marks/The Washington Post

Conspiracy theories and phony fraud claims are one of the biggest threats to secure elections whose results are accepted by the American people, a report out this morning argues. The report from the Aspen Institute think tank’s Commission on Information Disorder urges a surge in federal funding to combat the sort of conspiracy theories promoted by former president Donald Trump and his allies. Given the new attacks on democracy, election officials need to be given more resources and more communication capabilities, Chris Krebs, one of the co-chairs of the commission, told me. “Even if elections are 100 percent bulletproof, there’s still plenty of opportunity for the bad guys to stoke fear and doubt,” Krebs said. During the 2020 election, Krebs led the Cybersecurity and Infrastructure Security Agency, which was the lead government agency working on election security. Trump fired him by tweet partly for disputing baseless claims that the election was rigged. Other co-chairs of the commission are longtime TV journalist Katie Couric and Rashad Robinson, president of the advocacy group Color of Change. The election security recommendations are part of a broad report that covers disinformation related to public health, climate change and a slew of other topics.

Full Article: Conspiracy theories are an election security threat, new report says – The Washington Post

National: Bipartisan commission urges US take immediate steps to curb online misinformation | Maggie Miller/The Hill

A report from a bipartisan commission published Monday recommends that U.S. government and social media platform leaders take a series of immediate steps to curb the “crisis of trust and truth” stemming from online disinformation and misinformation. The report , put out by the Aspen Institute’s Commission on Information Disorder, puts forward recommendations that can be taken to address issues including election security and COVID-19 disinformation and misinformation online, painting a picture of an urgent moment to take action. “This crisis demands urgent attention and a dedicated response from all parts of society,” the commissioners wrote in the report. “Every type and level of leader must think seriously about this crisis and their role in it. Each can and should enter this conversation, genuinely listening to the problems and taking real ownership of solutions.” The report outlines dozens of recommendations to address the crisis, including creating a “national response strategy” to establish roles and responsibilities for fighting misinformation across the executive branch, investing in local journalism, diversifying social media platform workforces and investing in civic education. “At the time of this writing, the Federal Government lacks any clear leadership and strategy to the disinformation problem, despite its own acknowledgment of the impact on public health, elections, businesses, technology, and continued campaigns on communities of color, including immigrants and refugees,” the report reads. “This lack of leadership, ownership, or strategy is hampering efforts, slowing response times, and duplicating efforts.”

Full Article: Bipartisan commission urges US take immediate steps to curb online misinformation | TheHill

National: Memo from Trump attorney Jenna Ellis outlined how Pence could overturn election, says new book | Libby Cathey/ABC News

In a memo not made public until now, then-White House Chief of Staff Mark Meadows emailed to Vice President Mike Pence’s top aide, on New Year’s Eve, a detailed plan for undoing President Joe Biden’s election victory, ABC News’ Chief Washington Correspondent Jonathan Karl reports. The memo, written by former President Donald Trump’s campaign lawyer Jenna Ellis, is reported for the first time in Karl’s upcoming book, “Betrayal: The Final Act of the Trump Show” — demonstrating how Pence was under even more pressure than previously known to overturn the results of the 2020 election. Ellis, in the memo, outlined a multi-step strategy: On Jan. 6, the day Congress was to certify the 2020 election results, Pence was to send back the electoral votes from six battleground states that Trump falsely claimed he had won. The memo said that Pence would give the states a deadline of “7pm eastern standard time on January 15th” to send back a new set of votes, according to Karl.

Full Article: Memo from Trump attorney outlined how Pence could overturn election, says new book – ABC News

National: Former top officials warn democracy in ‘jeopardy’ without Congressional action on election security | Maggie Miller/The Hill

A bipartisan group of almost 100 former national security officials is urging Congress to take steps to secure elections ahead of next year, warning that without action, the nation’s democratic institutions are in “severe jeopardy.” “We write to express our alarm at ongoing efforts to destabilize and subvert our elections, both through active disinformation campaigns and the related efforts to inject partisan interference into our professionally administered election process,” the officials wrote in an open letter published Tuesday. “We believe these efforts are profoundly damaging to our national security, including by making our elections more vulnerable to foreign interference and possible manipulation.” “We call on Congress to confront these threats and safeguard our democratic process as we look ahead to the 2022 elections and beyond,” they wrote. Signatories of the letter included former officials who worked for administrations on both sides of the aisle, including former Homeland Security Secretary Michael Chertoff, former DHS Secretary Janet Napolitano, former Defense Secretary William Cohen and former Director of National Intelligence James Clapper. They also included former ambassadors, top officials at the CIA and former top cybersecurity officials, including former Cybersecurity and Infrastructure Security Agency Director Christopher Krebs and Michael Daniel, the former White House cybersecurity coordinator under President Obama.

Full Article: Former top officials warn democracy in ‘jeopardy’ without Congressional action on election security | TheHill

Reuters unmasks Trump supporters terrifying U.S. election officials Linda So and Jason Szep/Reuters

In Arizona, a stay-at-home dad and part-time Lyft driver told the state’s chief election officer she would hang for treason. In Utah, a youth treatment center staffer warned Colorado’s election chief that he knew where she lived and watched her as she slept. In Vermont, a man who says he works in construction told workers at the state election office and at Dominion Voting Systems that they were about to die. “This might be a good time to put a f‑‑‑‑‑‑ pistol in your f‑‑‑‑‑‑ mouth and pull the trigger,” the man shouted at Vermont officials in a thick New England accent last December. “Your days are f‑‑‑‑‑‑ numbered.” The three had much in common. All described themselves as patriots fighting a conspiracy that robbed Donald Trump of the 2020 election. They are regular consumers of far-right websites that embrace Trump’s stolen-election falsehoods. And none have been charged with a crime by the law enforcement agencies alerted to their threats. They were among nine people who told Reuters in interviews that they made threats or left other hostile messages to election workers. In all, they are responsible for nearly two dozen harassing communications to six election officials in four states. Seven made threats explicit enough to put a reasonable person in fear of bodily harm or death, the U.S. federal standard for criminal prosecution, according to four legal experts who reviewed their messages at Reuters’ request.

Full Article: Reuters unmasks Trump supporters terrifying U.S. election officials

National: 2022 races will put election integrity to the test | Kate Ackley/Roll Call

The 2022 midterm elections, one year from now, won’t just decide control of the House and Senate but will also provide the first major test of Americans’ confidence in the integrity of their electoral system since the violent attack on the Capitol on Jan. 6. People who study campaigns, from academics to operatives, have sounded the alarm about voters’ faith in future U.S. elections given that former President Donald Trump has carried on with his false claim that the 2020 election was fraudulent, long after a “Stop the Steal” rally in support of him turned deadly. Last week’s elections pointed to potential political upheaval in the midterms, but they may also have offered small solace to those worried about faith in democracy because losing candidates mostly conceded swiftly. And even in New Jersey, where the Republican gubernatorial nominee Jack Ciattarelli has not admitted defeat, he has discouraged supporters from believing internet conspiracies and pledged that after all votes were counted, the result would be “legal and fair.” Still, some of the ensuing political rhetoric offers cause for concern. Many GOP congressional candidates and incumbents have sided with Trump over his 2020 election charge, even as he lost repeated legal challenges. Senate and House Democrats, meanwhile, have intensified their messaging that the political system is rigged and that new state laws passed by Republican-controlled legislatures are designed to suppress voters.

Full Article: 2022 races will put election integrity to the test – Roll Call

National: Cyber agency beefing up disinformation, misinformation team | Maggie Miller/The Hill

The Cybersecurity and Infrastructure Security Agency (CISA) is beefing up its disinformation and misinformation team in the wake of a divisive presidential election that saw a proliferation of misleading information online. “I am actually going to grow and strengthen my misinformation and disinformation team,” CISA Director Jen Easterly said during virtual remarks at the RE:WIRED conference on Wednesday. Easterly noted that earlier this week she had a meeting with “six of the nation’s experts” in the disinformation and misinformation space. She stressed her concerns around this being a top threat for CISA, which is charged with securing critical infrastructure, to confront. “One could argue we’re in the business of critical infrastructure, and the most critical infrastructure is our cognitive infrastructure, so building that resilience to misinformation and disinformation, I think, is incredibly important,” Easterly said. “We are going to work with our partners in the private sector and throughout the rest of the government and at the department to continue to ensure that the American people have the facts that they need to help protect our critical infrastructure,” she added. Easterly’s comments came a year after CISA came under fire by President Trump for its efforts to push back against election misinformation and disinformation, primarily through setting up a “rumor control” website. Trump fired former CISA Director Chris Krebs, and several other top CISA officials were forced to resign in the weeks following the 2020 presidential election, largely as a result of this effort.

Full Article: Cyber agency beefing up disinformation, misinformation team | TheHill

National: Trump cannot shield White House records from Jan. 6 committee, judge rules | Kyle Cheney and Josh Gerstein/Politico

A federal judge has rejected former President Donald Trump’s effort to block Jan. 6 investigators from accessing White House records related to his attempt to overturn the 2020 election, determining that he has no authority to overrule President Joe Biden’s decision to waive executive privilege and release the materials to Congress. “Presidents are not kings, and Plaintiff is not President,” Judge Tanya Chutkan wrote in her ruling. Trump immediately appealed the decision. The National Archives, which houses the White House records, has indicated it plans to hand over the sensitive documents by Friday afternoon unless a court intervenes. The decision is a crucial victory for the Jan. 6 committee in the House, albeit one that may ring hollow if an appeals court — or, potentially, the U.S. Supreme Court — steps in to slow the process down. The documents Trump is seeking to block from investigators include files drawn from former chief of staff Mark Meadows, adviser Stephen Miller and White House deputy counsel Patrick Philbin, as well as call and visitor logs.

Full Article: Trump cannot shield White House records from Jan. 6 committee, judge rules – POLITICO

National: No ballot boxes for 100 miles: How a bill aims to make voting easier for Native Americans | Vanessa Misciagna/The Denver Channel

Beneath Window Rock in Navajo Nation, a memorial is dedicated to the “code talkers” of World War II, a group of Navajo soldiers who used their native tongue to create a secret code. “If it wasn’t for the Navajo code talkers, we would have not won World War II,” said President of Navajo Nation, Jonathan Nez. Nez is proud of everything his people have contributed to the United States, despite everything that’s been taken away. That is why he believes it’s only right to make sure the voices of the Navajo and the other 574 Native tribes are heard. “We need the federal government, once again, to fulfill their obligation and to protect the rights of indigenous people in this country and that includes voting. It should be easier,” he said. Located in Arizona, New Mexico and Utah, Navajo Nation is more than 27,000 square miles and is the largest Native American reservation in the country. Getting around, in general, can be difficult but navigating to a ballot box for many is nearly impossible.

Full Article: A bill aims to make voting easier for Native Americans

National: Election Officials Have Another Year to Fight Disinformation | Matt Vasilogambros/Stateline

After a year of election-related lies and disinformation, voters in 32 states went to the polls this month with few major technical errors, lines or delays in results. But election officials and voting rights advocates caution there is still considerable work to do ahead of next year’s midterms to boost lagging confidence in the democratic process, especially among the three-quarters of Republicans who believe former President Donald Trump’s false claim that the 2020 election was rigged. “Despite all of the threats, despite distractions, despite harassment, despite frivolous subpoenas, despite the pandemic and a continued lack of resources, election officials once again did what we have seen them do repeatedly: They facilitated democracy,” said David Becker, executive director and founder of the Center for Election Innovation and Research, a D.C.-based nonpartisan nonprofit. “But we are not out of the woods. I am more concerned today than I was a year ago.” While the election went well, Becker said, Congress still has not acted on threats to voting access, and the lies of the 2020 election have not receded. In Virginia, where a record number of voters elected Republican Glenn Youngkin as governor, county election officials were able to stave off major delays in reporting results because of the state’s reliance on paper ballots, said Chris Piper, commissioner of the state Department of Elections.

Full Article: Election Officials Have Another Year to Fight Disinformation | The Pew Charitable Trusts

National: Jan. 6 Panel Subpoenas Flynn and Eastman, Scrutinizing Election Plot | Luke Broadwater/The New York Times

The House committee investigating the Jan. 6 attack on the Capitol issued new subpoenas on Monday for a half-dozen allies of former President Donald J. Trump, including his former national security adviser Michael T. Flynn, as it moved its focus to an orchestrated effort to overturn the 2020 election. The subpoenas reflect an effort to go beyond the events of the Capitol riot and delve deeper into what committee investigators believe gave rise to it: a concerted campaign by Mr. Trump and his network of advisers to promote false claims of voter fraud as a way to keep him in power. One of the people summoned on Monday was John Eastman, a lawyer who drafted a memo laying out how Mr. Trump could use the vice president and Congress to try to invalidate the election results. In demanding records and testimony from the six Trump allies, the House panel is widening its scrutiny of the mob attack to encompass the former president’s attempt to enlist his own government, state legislators around the country and Congress in his push to overturn the election. Mr. Flynn discussed seizing voting machines and invoking certain national security emergency powers after the election. Mr. Eastman wrote a memo to Mr. Trump suggesting that Vice President Mike Pence could reject electors from certain states during Congress’s count of Electoral College votes to deny Joseph R. Biden Jr. a majority. And Bernard Kerik, the former New York police commissioner who was also subpoenaed, participated in a planning meeting at the Willard Hotel in Washington on Jan. 5 after backing baseless litigation and “Stop the Steal” efforts around the country to push the lie of a stolen election. “In the days before the Jan. 6 attack, the former president’s closest allies and advisers drove a campaign of misinformation about the election and planned ways to stop the count of Electoral College votes,” Representative Bennie Thompson, Democrat of Mississippi and the committee chairman, said in a statement. “The select committee needs to know every detail about their efforts to overturn the election, including who they were talking to in the White House and in Congress, what connections they had with rallies that escalated into a riot and who paid for it all.”

Full Article: Jan. 6 Panel Subpoenas Flynn and Eastman, Scrutinizing Election Plot – The New York Times

Smartmatic Sues Newsmax and One America News Network for Defamation | Jonah E. Bromwich and Michael M. Grynbaum/The New York Times

The legal battle against disinformation from right-wing media outlets is expanding. Smartmatic, an election technology firm that became a target of pro-Trump conspiracy theories about the 2020 presidential race, sued Newsmax and One America News Network on Wednesday for defamation, demanding that the conservative cable networks face jury trials for spreading falsehoods about the company. The new lawsuits add to a growing suite of litigation by Smartmatic and another election technology provider, Dominion, which found itself mired in the same conspiracy theories. In February, Smartmatic sued Rupert Murdoch’s Fox Corporation and several Fox anchors on similar grounds, as well as two of Mr. Trump’s lawyers, Sidney Powell and Rudolph W. Giuliani. “We are holding them accountable for what they tell their audience,” J. Erik Connolly, a lawyer for Smartmatic, said in an interview. Dominion has sued Fox, Newsmax, One America News, Ms. Powell, Mr. Giuliani, and Mike Lindell, the chief executive of MyPillow. Smartmatic and Dominion were both accused by pro-Trump forces, without evidence, of rigging vote tallies in key states to swing the election to Joseph R. Biden Jr., part of a large-scale effort by Mr. Trump’s allies to cast doubt on the 2020 results. Those conspiracies have only expanded in the year since Mr. Biden won, as leading Republican officials and media personalities have continued to raise doubts about Mr. Trump’s defeat.

Full Article: Smartmatic Sues Newsmax and One America News Network for Defamation – The New York Times

National: The 2020 vote and its aftermath have left many election workers beleaguered | Ashley Lopez/NPR

Isabel Longoria runs elections in Harris County, which is where Houston is. She says she loves her job and thinks most people who do that kind work feel the same way. “I am an election nerd and I don’t know a single other elections administrator who is not an election nerd,” Longoria says. “We geek out, literally, on having the coolest job in America that we get to run the founding principles of this country — which is free and fair elections.” But since the 2020 presidential election, and amid the false allegations that followed claiming it was stolen, local election officials have faced increased scrutiny. Some have been harassed and gotten death threats. Some are leaving the job altogether. Longoria is not. She started her job as the county’s elections administrator in 2020, during the worst of the pandemic and ahead of a contentious election. She came up with a lot of ideas on how to make voting safer — ideas that were later criticized and prohibited by Republican state lawmakers. Longoria says she’s been doing what she can to help people understand what she does, but she’s finding that some people cannot be satisfied.

Full Article: The 2020 vote and its aftermath have left many election workers beleaguered : NPR

National: Senate GOP blocks John Lewis voting rights bill | Jordain Carney/The Hill

Republicans on Wednesday blocked the Senate from starting debate on a voting rights bill named after the late Rep. John Lewis (D-Ga.), marking the latest setback for Democrats in their push for new elections legislation. Senators voted 50-49 on whether to bring up the bill, falling short of the 60 votes needed to move forward. Vice President Harris presided over part of the vote. Senate Majority Leader Charles Schumer (D-N.Y.) voted no, a procedural step that lets him bring the bill back up in the future for another vote. Unlike this year’s previous failed election reform votes, which were on bills that stretched well beyond bolstering the Voting Rights Act, Democrats picked up a GOP supporter: Sen. Lisa Murkowski (Alaska). Murkowski and Sen. Joe Manchin (D-W.Va.) signed on to a revised version of the John Lewis Voting Rights Advancement Act on Tuesday after weeks of behind-the-scenes negotiating. “Ensuring our elections are fair, accessible and secure is essential to restoring the American people’s faith in our Democracy. That’s why my colleagues and I have come together to introduce the bipartisan John Lewis Voting Rights Advancement Act,” Manchin said in a statement.

Source: Senate GOP blocks John Lewis voting rights bill | TheHill

National: Cyberattacks Threaten Voter Confidence in Election Systems | Lisbeth Perez/MeriTalk

While several aspects in the electoral system may be at risk, election officials at the Federal and state level agreed that cyberthreats have routinely and at larger numbers attacked voters’ confidence in the system with the spread of misinformation. Misinformation and disinformation about election systems and officials are demoralizing and take a tremendous amount of time and effort to combat. Judd Choate, the elections director for the state of Colorado, said during NextGov’s Election Security Summit on Nov 3, he and his team find themselves spending a significant amount of time playing defense against this misinformation and not enough time building up systems to fight off possible attacks. “We are getting hundreds of calls regarding misinformation. And a lot of the time, we find ourselves playing defense because there really is a limit in the things that we can do,” Choate said. Yet, according to Choate, partnerships with nonprofit organizations and Federal agencies like the Cybersecurity and Infrastructure Security Agency (CISA) have “created this incredible infrastructure to try and secure our election systems against these cyber threats.”

Full Article: Cyberattacks Threaten Voter Confidence in Election Systems – MeriTalk

National: Meet the Obscure Think Tank Powering Trump’s Biggest Lies| Cameron Joseph/Vice

As Vice President Mike Pence and his team hid in the basement of the Capitol from rioters chanting “Hang Mike Pence” on Jan. 6, President Donald Trump’s attorney John Eastman emailed one of Pence’s staffers to blame him for the violence. “The ‘siege’ is because YOU and your boss did not do what was necessary to allow this to be aired in a public way so that the American people can see for themselves what happened,” Eastman told Pence adviser Greg Jacob. The insurrection came after Trump, with Eastman’s help, tried to bully Pence into blocking Congress from certifying President-elect Joe Biden’s election win—what Jacob called “bullshit” legal advice that had left them “under siege”—then whipped his supporters into a frenzy that led to the violent ransacking of the U.S. Capitol. Eastman, the director of the Claremont Institute’s Center for Constitutional Jurisprudence, is also the man who wrote the memo that said Pence should try to block Biden’s election certification. And he wasn’t the only Claremont Institute leader involved in that harrowing episode—and in subsequent efforts to undermine democracy. “Have been on Capitol Hill all day. We are in a constitutional crisis and also in a revolutionary moment,” Brian Kennedy, the president emeritus and senior fellow at the Claremont Institute, tweeted on Jan. 5. “We must embrace the spirit of the American Revolution to stop this communist revolution. #HoldTheLine.”

Full Article: Meet the Obscure Think Tank Powering Trump’s Biggest Lies

National: After attacks on the 2020 election, secretary of state races take on new urgency | Stephen Fowler/NPR

Primary challenges are a normal part of politics, but normally low-key races to be a state’s chief election official are taking on a different tone after the 2020 election. At a recent rally held by former President Donald Trump in Perry, Ga., Rep. Jody Hice, R-Ga., stumped for his campaign to unseat Secretary of State Brad Raffensperger. “It is my deep conviction that Brad Raffensperger has massively compromised the right of the people at the ballot box,” he said. “He has opened wide the door for all sorts of irregularities and fraud to march into our election system, and it is time that we take charge of this.” Hice, who objected to Georgia’s Electoral College votes after the insurrection attempt at the U.S. Capitol in January, is running on a platform that promises to “aggressively pursue voter fraud,” “renew integrity” and replace the state’s $100 million ballot-marking system that was rolled out just last year. He is one of several pro-Trump Republican candidates in secretary of state races in swing states like Georgia, Arizona and Michigan who have embraced falsehoods about the systems they now want to oversee — attacking the 2020 election results and spreading misleading claims about voting machines and absentee ballots. Many elections officials who currently run things have faced the wrath of Trump for defending last November’s election — none more so than Raffensperger, who notably refused Trump’s request to “find” enough votes for him to win Georgia. Georgia’s narrow margins were counted three separate times, including once by hand in a risk-limiting audit. But more than a year later, baseless claims of fraud and wrongdoing persist.

Full Article: After attacks on the 2020 election, secretary of state races take on new urgency : NPR

Editorial: The long-dead ‘2020 was stolen’ claim gets more nails in its coffin | Philip Bump/The Washington Post

It was one year ago Wednesday that the “crime of the century” occurred, according to former president Donald Trump: The 2020 presidential election was stolen by Joe Biden and Democrats. And yet the anniversary of that contest dawned with that ridiculous assertion newly undermined — to the extent that something with literally no foundation can be undermined further. The theory as postulated by Trump and his allies goes something like this: Some group linked to the political left conducted a campaign to systematically submit votes on behalf of dead voters or people who hadn’t chosen to cast a ballot. Others used electronic voting machines to alter vote totals. This occurred not just across multiple states but within county-level voting systems that are all run independently. It occurred in such a way that Biden earned just enough votes in just enough places to carry the electoral college, suggesting both coordination and a sophisticated ability to track election results that seem to conflict with how we generally understand elections to be run. This rampant effort left all sorts of statistical fingerprints according to Trump’s allies, markers that emerge only following complicated calculations about vote totals and turnout, in the way that you might finally figure out the reason it makes sense to have a cookie for dessert despite your diet. Despite this rampant theoretical evidence that something iffy happened, no direct evidence of fraudulent efforts has been uncovered, no person has come forward to admit involvement in a scheme that would require at least hundreds of participants, and no physical evidence has been offered demonstrating how this effort was supposed to have worked.

Full Article: The long-dead ‘2020 was stolen’ claim gets more nails in its coffin – The Washington Post

Voting machine company Smartmatic sues OAN, Newsmax over election claims | Maureen Breslin/The Hill

Smartmatic, a company that creates election and voting technology and support services, is suing conservative news outlets One American News Network (OAN) and Newsmax for alleged slander and libel about its voting systems, Reuters reported on Wednesday. Smartmatic’s complaint against OAN and Newsmax has not yet been posted to the courts, according to Reuters, citing court records. Smartmatic had previously filed a $2.7 billion lawsuit against Fox News, Fox News hosts, as well as attorneys Rudy Giuliani and Sidney Powell, accusing them of harming the company’s brand with their accusations of the voting machines’ role in alleged widespread election fraud. Fox News and its hosts have stated that these cases should be dismissed, claiming that former President Trump‘s allegations were newsworthy, even if false, and that outlets should be allowed to report on them. OAN rose to fame following the 2020 election as it promoted far-right political viewpoints and reported with affinity for Trump, covering his rallies and featuring hosts who praise the former president and his policies.

Full Article: Voting machine company Smartmatic sues OAN, Newsmax over election claims | TheHill

National: CISA promotes election cybersecurity platform debunking misinformation | Jonathan Greig/ZDNet

CISA has published a trove of information about election cybersecurity and misinformation for Election Day. Voters in dozens of states are heading to the polls today, with crucial gubernatorial races in New Jersey and Virginia as well as pivotal mayoral elections in Atlanta, New York City, Buffalo and Boston. The cybersecurity body reiterated that there is “no specific, credible threat to election infrastructure” but noted that they are “ready to provide cyber incident response and expertise if needed.” CISA created an “Election Security Rumor vs Reality” page to debunk rumors and misinformation that float around the internet. The agency has been forced to address numerous conspiracy theories and misinformation — sometimes from elected officials themselves — since the 2020 presidential election. CISA said that with more than 30 states voting on a variety of positions and referendums, they decided to host an election situational awareness room that allows them to “coordinate with federal partners, state and local election officials, private sector election partners, and political organizations to share real-time information and provide support as needed.” “CISA has supported state and local election officials to help secure their systems and push back against malicious actors seeking to disrupt our democratic process and interfere in our elections,” CISA election security initiative director Geoff Hale said. “We look forward to continuing this work in collaboration with our election partners to ensure the security and resilience of elections in 2021 and beyond.”

Full Article: CISA promotes election cybersecurity platform debunking misinformation | ZDNet

National: House select committee targets 134-year-old law in effort to prevent another January 6 | Jeremy Herb and Pamela Brown/CNN

Members of the January 6 committee are working on potential legislation to tighten the process of certifying a presidential election in an effort to eliminate contentious avenues that spurred the January 6 riot, sources tell CNN. The legislation would give the committee a focus on developing a law as part of the investigation, undercutting a legal argument that former President Donald Trump has made that the committee has no true legislative purpose for seeking his White House documents. The effort is still in its early stages, but a proposed bill could offer more specific instructions for when Congress can overturn a state’s slate of electors, and more clearly define the role the vice president plays in counting the votes — after Trump and his allies pressured Mike Pence to try to block President Joe Biden’s win, the sources say. Specifically, members are focused on making changes to a 19th Century law known as the Electoral Count Act that was intended to give Congress a process by which to certify the Electoral College votes submitted by the states. It’s a mundane but crucial part of the presidential election machinery, one that Trump and his allies attempted to exploit last year.

Full Article: Electoral Count Act: House select committee targets 134-year-old law in effort to prevent another January 6 – CNNPolitics

National: Republicans want more eyes on election workers. Experts worry about their intent | Miles Parks/NPR

For anyone hoping that voting and elections post-2020 would become less polarized, the recent Take Back Virginia rally outside Richmond was not a good sign. It opened with those in attendance pledging allegiance to a flag that was at the U.S. Capitol on Jan. 6, when rioters stormed the building to stop the official counting of Electoral College votes in the belief that they could prevent Joe Biden from becoming president. For many of the speakers at the event, election integrity was at the top of their priority list — and not just opposition to ballot drop boxes or voting by mail. Instead, the emphasis was for direct involvement by regular voters and activists to monitor election workers. The push for more poll watchers is a clear outgrowth of the lies and disinformation spread by former President Donald Trump and his allies that the 2020 election was stolen from him. Just a third of Republicans trust U.S. elections are fair, according to a new NPR/PBS NewsHour/Marist poll released on Monday.

Full Article: Following Trump, Republicans push for more poll watchers : NPR

National: ‘A roadmap for a coup’: inside Trump’s plot to steal the presidency | Ed Pilkington/The Guardian

On 4 January, the conservative lawyer John Eastman was summoned to the Oval Office to meet Donald Trump and Vice-President Mike Pence. Within 48 hours, Joe Biden’s victory in the 2020 presidential election would formally be certified by Congress, sealing Trump’s fate and removing him from the White House. The atmosphere in the room was tense. The then US president was “fired up” to make what amounted to a last-ditch effort to overturn the election results and snatch a second term in office in the most powerful job on Earth. Eastman, who had a decades-long reputation as a prominent conservative law professor, had already prepared a two-page memo in which he had outlined an incendiary scenario under which Pence, presiding over the joint session of Congress that was to be convened on 6 January, effectively overrides the votes of millions of Americans in seven states that Biden had won, then “gavels President Trump as re-elected”. The Eastman memo, first revealed by Bob Woodward and Robert Costa in their book Peril, goes on to predict “howls” of protest from Democrats. The theory was that Pence, acting as the “ultimate arbiter” of the process, would then send the matter to the House of Representatives which, following an arcane rule that says that where no candidate has reached the necessary majority each state will have one vote, also decides to turn the world upside down and hand the election to the losing candidate, Donald Trump. Eastman’s by now notorious memo, and the surreal encounter in the Oval Office, are among the central twists in the unfolding story of Trump’s audacious bid to hang on to power. They form the basis of what critics argue was nothing less than an attempted electoral coup.

Full Article: ‘A roadmap for a coup’: inside Trump’s plot to steal the presidency | US elections 2020 | The Guardian

National: ‘It’s been a barrage every day’: US election workers face threats and harassment | Sam Levine/The Guardian

Before he leaves his house to walk his dog these days, Rick Barron’s 12-year-old-daughter reminds him that he needs to keep an eye out because she worries her dad could be the target of an attack. Barron, 55, is the director of voting and elections in Fulton county, which includes Atlanta and is the most populous county in Georgia. For the last year, he’s been subject to a barrage of voicemails and emails with threats, including some threatening violence and death, as Donald Trump and his allies have falsely claimed the election was stolen. “You will be served lead,” someone said on a voicemail left for Barron in recent months. It’s an experience being shared by state and local officials across the United States. For decades, those officials have largely been invisible, working out of the public spotlight to ensure the machinery of elections runs smoothly. But as Trump and allies target that machinery as part of an effort to insist something was amiss in 2020, those officials have been thrust into the national spotlight and subject to vicious harassment. Nearly one in three election officials feel unsafe in their job, according to an April survey commissioned by the Brennan Center for Justice. “It’s been a barrage every day,” Katie Hobbs, Arizona’s secretary of state, told the Guardian. She said the threats have bombarded virtually every part of her office, including services that have nothing to do with elections.

Full Article: ‘It’s been a barrage every day’: US election workers face threats and harassment | US voting rights | The Guardian

National: Officials on alert for cyber threats ahead of election day | Maggie Miller/The Hill

Officials are on alert for threats to elections ahead of Election Day in states including Virginia on Tuesday, one year after a contentious 2020 presidential election. The Cybersecurity and Infrastructure Security Agency (CISA) put out a statement Monday announcing that it would set up an election situational awareness room to monitor elections in over 30 states. This space will serve to coordinate election security efforts between CISA, the key agency responsible for election security, and election officials at the state and local levels, along with representatives from political organizations and other private sector groups. CISA stressed Monday that while preparations were underway to monitor for any security concerns, there is currently “no specific, credible threat to election infrastructure.” “CISA has supported state and local election officials to help secure their systems and push back against malicious actors seeking to disrupt our democratic process and interfere in our elections,” Geoff Hale, the director of CISA’s Election Security Initiative, said in a statement Monday. “We look forward to continuing this work in collaboration with our election partners to ensure the security and resilience of elections in 2021 and beyond.” The agency is also again using its “rumor control” page to help push back against election disinformation and misinformation. The page was created by the agency ahead of the 2020 presidential election, and was a key factor behind President Trump’s decision to fire former CISA Director Christopher Krebs in the days after the election, as CISA and election officials sought to stress the accuracy of the 2020 election results.

Full Article: Officials on alert for cyber threats ahead of election day | TheHill

National: ‘It’s absolutely getting worse’: Secretaries of state targeted by Trump election lies live in fear for their safety and are desperate for protection | Isaac Dovere and Jeremy Herb/CNN

“I am a hunter — and I think you should be hunted,” a woman can be heard saying in a voicemail left for Arizona Secretary of State Katie Hobbs in September. “You will never be safe in Arizona again.” Or there’s the man who spit, “Die you bitch, die! Die you bitch, die!” repeatedly into the phone, in another of several dozen threatening and angry voicemails directed at the Democratic secretary of state and shared exclusively with CNN by her office. Officials and aides in secretary of state offices in Arizona and other states targeted by former President Donald Trump in his attack on last year’s election results told CNN about living in constant terror — nervously watching the people around them at events, checking in their rearview mirrors for cars following them home and sitting up at night wondering what might happen next. Law enforcement has never had to think much about protecting secretaries of state, let alone allocating hundreds of thousands of dollars in security, tracking and follow-up. Their jobs used to be mundane, unexciting, bureaucratic. These are small offices in a handful of states with enormous power in administering elections, from mailing ballots to overseeing voting machines to keeping track of counted votes.

Full Article: Secretaries of state targeted by Trump election lies live in fear for their safety and are desperate for protection – CNNPolitics

National: Elections Officials Are Still Receiving Death Threats and Harassment About the 2020 Election. They’re Asking Congress For Help. | Kate Elizabeth Queram/Route Fifty

Full Article: Elections Officials Are Still Receiving Death Threats and Harassment About the 2020 Election. They’re Asking Congress For Help. – Route Fifty

Two weeks after the 2020 presidential election, a crowd of protesters gathered outside the home of Katie Hobbs, Arizona’s secretary of state. “Katie, come out and play,” they chanted. “We’re watching you.” The threats, which also targeted Hobbs’ children and husband, came from far-right voters who believed former President Donald Trump’s false assertions that the election was stolen from him in states like Arizona, Hobbs said this week at a hearing of the U.S. Senate Committee on Rules and Administration. And they’ve reached far beyond her, she added. “What concerns me more is the near-constant harassment faced by the public servants who administer our elections,” said Hobbs, a candidate for governor in Arizona. “These are people who truly make our government work. They never ran for office or appeared in political ads. But nearly every day they are on the receiving end of abusive phone calls and emails. We’re seeing high turnover among elections staff, and I fear that many more will reach a breaking point and decide that this line of public service is no longer worth it.” The hearing, held Tuesday, gave state and local election officials the opportunity to brief lawmakers on the continued threats and harassment directed their way, most stemming from the failed legal challenges and torrent of misinformation that followed last year’s election. Their testimony urged Congress to pass a suite of voting rights legislation, including a bill that would strengthen protections for election administrators during the voting, counting and certification processes.

National: Election officials don’t need to report cyber incidents to the feds. That could soon change. | AJ Vicens/CyberScoop