National

Despite widespread claims that the 2020 election was fraudulent or poorly managed, election administration did not just persevere under unexpected and challenging conditions—it improved. The 2020 election was an anomaly in many ways, but the Election Performance Index (EPI) shows us that election administration continued to trend in the direction it was already heading: up. While there was more early voting and voting by mail than previous years (a pre-existing trend that 2020 accelerated), overall, more states improved their practices, data, and reporting. When looking at the index for 2020, we must of course remain mindful of the 2020 election atmosphere and context. In an election year like 2020, though, where administrators and election officials had to adapt quickly to unprecedented challenges, data-driven measures became even more important in finding and telling the story of how elections in the US are managed.

Full Article: 2020 Was a Banner Year for U.S. Election Administration | Elections Performance Index

National: Local election officials are exhausted, under threat and thinking about quitting | Zach Montellaro/Politico

Election officials feel besieged by conspiracy theorists and fear that a lack of support for their work is going to squeeze experts out of the field, according to a new poll. The survey from the Brennan Center for Justice, a liberal-leaning think tank and advocacy group, showed that nearly 8 in 10 local election officials feel that threats against them and their colleagues have increased in recent years, and a majority say that they are either very or somewhat concerned about the safety of their fellow administrators. The question of how to deal with threats has become a constant conversation among election officials at all levels of government, many of whom fear that it could discourage people from staying in their field of election administration, or even joining it in the first place. “Over the long run, if this continues, it will be a lot harder to get folks to stick around,” said Natalie Adona, the assistant county clerk-recorder of Nevada County, Calif. “People will retire maybe because they’re just ready to retire because they’ve been doing this for so dang long — or maybe because they feel that the risk is not worth it. But there will be more retirements.” The poll results confirm Adona’s feeling, with 3 in 10 of the officials surveyed saying they know at least one or two election workers who have left their jobs in part because of fears for their safety. Sixty percent of the respondents said they are concerned that those issues will make it more difficult to retain or recruit election workers in the future.

Full Article: Local election officials are exhausted, under threat and thinking about quitting – POLITICO

National: 1 in 5 local election officials say they’re likely to quit before 2024 | Miles Parks/NPR

For the past two years, the people who run America’s elections have been sounding the alarm. The polarized voting environment that’s come out of the 2020 election has led to near daily harassment and death threats for some election officials, and made the profession unsustainable for many. Now, there’s new data to back up those concerns. A new survey of local election officials released Thursday by the Brennan Center for Justice found that 1 in 5 local election administrators say they are likely to leave their jobs before the 2024 presidential election. “There’s a crisis in election administration,” said Larry Norden, the senior director of elections and government at the Brennan Center. “[Election administrators] are concerned, and they’re not getting the support that they need.” The Brennan Center worked with the Benenson Strategy Group, which has worked for a number of national Democratic political campaigns, to conduct the poll over two weeks in early February among 596 local election officials. Respondents were split fairly evenly across the political spectrum: 26% identified as Democrats, 30% as Republicans, and 44% said they were independent. The margin of error was about 4%.

Full Article: 1 in 5 local election officials say they’re likely to quit before 2024 : NPR

National; Could the Supreme Court give Republicans more control over how to run elections? | Amber Phillips/The Washington Post

Democrats got a break from the Supreme Court on Monday when the justices essentially decided not to let Republicans draw congressional maps in two states that are battlegrounds for control of Congress, North Carolina and Pennsylvania. That means members of Congress in those states will run on maps drawn by state courts that are more favorable to Democrats than they would have otherwise been. But then four conservative justices opened the door to something else much more worrisome for the left: They indicated they’re open to letting state lawmakers run federal elections without state courts or even the state constitution having a say. It’s based on a conservative push of something called the “independent state legislature” doctrine, and it would be a drastic change from the way the Supreme Court has seen the role of state courts — as a check on legislatures, reports The Washington Post’s Robert Barnes. And it comes as former president Donald Trump continues his efforts to undermine faith in federal elections, primarily by pressuring state legislatures to try to overturn his election loss. “It would throw election administration into nationwide chaos,” the North Carolina League of Conservation Voters argued to the Supreme Court.

Full Article: Could the Supreme Court give Republicans more control over how to run elections? – The Washington Post

National: Judge denies Fox News motion to dismiss defamation suit by election-tech company Smartmatic | Jeremy Barr/The Washington Post

A judge allowed an election technology company’s $2.7 billion defamation lawsuit against Fox News to proceed on Tuesday, though he dismissed specific claims made against host Jeanine Pirro and two of the network’s guests. New York Supreme Court Judge David B. Cohen denied Fox’s motion to dismiss the 2021 lawsuit, in which the company, Smartmatic, alleged that the network and several of its on-air personalities “decimated its future business prospects” by falsely accusing it of rigging the 2020 election against Donald Trump. But in the same ruling, Cohen dropped Pirro from the lawsuit, noting that while she floated election conspiracy theories, she did not specifically accuse Smartmatic of wrongdoing. He also dropped Trump-affiliated lawyer Sidney Powell from the suit, saying his court has no jurisdiction over her as a Texas resident. And he dismissed some of Smartmatic’s claims against Rudolph W. Giuliani while allowing others to continue, noting that the Trump lawyer explicitly alleged that Smartmatic committed crimes — comments, Cohen wrote, that “if false, were defamatory per se.”

Full Article: Smartmatic lawsuit against Fox News upheld by judge – The Washington Post

National: Vice President Kamala Harris marks ‘Bloody Sunday’ anniversary in Selma | Kim Chandler/Associated Press

Vice President Kamala Harris visited Selma, Alabama, on Sunday to commemorate a defining moment in the fight for equal voting rights, even as congressional efforts to restore the landmark 1965 Voting Rights Act have faltered. Under a blazing blue sky, Harris linked arms with rank-and-file activists from the civil rights movement and led thousands across the bridge where, on March 7, 1965, white state troopers attacked Black voting rights marchers attempting to cross. The images of violence at the Edmund Pettus Bridge — originally named for a Confederate general — shocked the nation and helped galvanize support for passage of the Voting Rights Act. Harris called the site hallowed ground where people fought for the “most fundamental right of American citizenship: the right to vote.” “Today, we stand on this bridge at a different time,” Harris said in a speech before the gathered crowd. “We again, however, find ourselves caught in between. Between injustice and justice. Between disappointment and determination. Still in a fight to form a more perfect union. And nowhere is that more clear than when it comes to the ongoing fight to secure the freedom to vote.”

Full Article: Kamala Harris marks ‘Bloody Sunday’ anniversary in Selma | AP News

National: GOP pushes for an ‘earthquake in American electoral power’ | Zach Montellaro/Politico

A legal argument lurking in two Supreme Court cases could give Republican legislators in battleground states sweeping control over election procedures, with ramifications that could include power over how states select presidential electors. Republicans from Pennsylvania and North Carolina challenged court-ordered redistricting plans in their states based on the “independent legislature” theory. It’s a reading of the Constitution, stemming from the 2000 election recount in Florida, that argues legislators have ultimate power over elections in their states and that state courts have a limited ability — or even none at all — to check it. The Supreme Court turned away the GOP redistricting challenges on Monday, largely on procedural grounds. But at least four justices embraced the “independent legislature” theory to some degree, which would consolidate power over election administration in key states with GOP-dominated state legislatures, from the ability to draw district lines unchallenged to passing new restrictions on voting. Taken to its extreme, some proponents of the theory argue it would give legislators power to override the choice of presidential electors after voting in their states. Even if five justices signed on to a version of the independent legislature theory, it is unclear how far reaching a ruling will be, said Rick Hasen, an election law expert at the University of California, Irvine School of Law who does not support the theory. “There’s a lot of potential for nuance here,” he said. “Even if you had a majority of justices that agreed that there’s something to this theory, they might not agree that a particular state has violated it.”

Full Article: GOP pushes for an ‘earthquake in American electoral power’ – POLITICO

National: Replacing outdated voting equipment could cost $350M, researchers say | Benjamin Freed/StateScoop

Jurisdictions in 23 states are using voting equipment that’s more than decade old and no longer manufactured, according to a report published Tuesday by New York University’s Brennan Center for Justice. And equipment designed to assist voters with physical disabilities to cast private ballots is still being used in parts or all of 26 states. All told, it could cost upward of $350 million to replace all the outmoded equipment, researchers concluded. The glimpse at assistive voting machines was one part of a now-biennial report the Brennan Center conducts on the state of election infrastructure across the United States. While state and local election officials nationwide have made significant upgrades to their voting technology in recent years — fueled in large part by $380 million in federal grants awarded in 2018 and private donations from the likes of Facebook founder Mark Zuckerberg — tens of millions of voters still reside in jurisdictions where balloting devices are aged, no longer supported by their original vendors or both, the Brennan Center found. “Machines are aging past their projected life cycle without being replaced, leaving jurisdictions with systems that are significantly more than a decade old,” the report reads. “Many of these systems are no longer manufactured, which can make it difficult or impossible to find replacement parts.” The 23 states where principal voting machines are no longer in production account for about 21 million registered voters, according to the Brennan Center. When including the states and territories where the assistive devices are also out-of-date — a group that includes Florida and New York — that figure approaches 40 million registered voters.

Full Article: Replacing outdated voting equipment could cost $350M, researchers say

National: Is the Supreme Court ready to upend the power of state courts in disputes over federal elections? | Ariane de Vogue/CNN

As the Supreme Court continues to mull major questions concerning the future of Roe v. Wade and the Second Amendment, Republicans in North Carolina are now asking the justices — on an emergency basis — to possibly change how US elections are decided. Election law experts are carefully watching the case, believing that the justices will ultimately reject a request from Republicans to freeze an opinion by the North Carolina Supreme Court that blocked a congressional map, drawn by the GOP-led legislature, that favors Republicans. Among other reasons, the justices may not want to step in with changes too close to election deadlines. But embedded in the case are arguments that have attracted some members of the court’s right wing in the past as they apply to setting election rules and played a role in the litigation surrounding then-President Donald Trump’s quest to use the courts to overturn Joe Biden’s presidential election victory. If a majority of the court were ever to adopt those arguments, it could profoundly change the landscape of election law.

Full Article: Is the Supreme Court ready to upend the power of state courts in disputes over federal elections? – CNNPolitics

National: Jan. 6 Committee Lays Out Potential Criminal Charges Against Trump | Luke Broadwater and Alan Feuer/The New York Times

The House committee investigating the Jan. 6 attack on the Capitol said on Wednesday that there was enough evidence to conclude that former President Donald J. Trump and some of his allies might have conspired to commit fraud and obstruction by misleading Americans about the outcome of the 2020 election and attempting to overturn the result. In a court filing in a civil case in California, the committee’s lawyers for the first time laid out their theory of a potential criminal case against the former president. They said they had accumulated evidence demonstrating that Mr. Trump, the conservative lawyer John Eastman and other allies could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people. The filing also said there was evidence that Mr. Trump’s repeated lies that the election had been stolen amounted to common law fraud. The filing disclosed only limited new evidence, and the committee asked the judge in the civil case to review the relevant material behind closed doors. In asserting the potential for criminality, the committee largely relied on the extensive and detailed accounts already made public of the actions Mr. Trump and his allies took to keep him in office after his defeat.

Full Article: Jan. 6 Committee Lays Out Potential Criminal Charges Against Trump – The New York Times

National: New evidence shows Trump was told many times there was no voter fraud — but he kept saying it anyway | Rosalind S. Helderman, Jacqueline Alemany, Josh Dawsey and Tom Hamburger/The Washington Post

A data expert for former president Donald Trump’s campaign told him bluntly not long after polls closed in November 2020 that he was definitely going to lose his campaign for reelection. In the weeks that followed, multiple top officials at the Justice Department informed Trump that they had closely examined allegations of fraud that were being circulated by Trump’s close allies — and had found them simply untrue. And in the days leading up to the joint session of Congress on Jan. 6, 2021, even Trump’s loyal vice president, Mike Pence, repeatedly conveyed to Trump that he did not believe the Constitution gave him the power to overturn the election as he presided over the counting of electoral college votes giving the presidency to Joe Biden. These and other new details were included in a legal brief filed late Wednesday by lawyers for the House committee investigating the Jan. 6 attack on the U.S. Capitol as they began to build a case that Trump was knowingly misleading his followers about the election and pressuring Pence to break the law in the weeks and hours before the assault. According to the panel and others, at least 11 aides and close confidants told Trump directly in the weeks after the election that there was no fraud and no legal way to overturn the result. The committee’s goal was to convince a federal judge there is a “good-faith basis” for concluding Trump and others engaged in a “criminal conspiracy” to defraud the United States and obstruct Congress before the attack on the Capitol — and to prove that Trump was acting corruptly by continuing to spread lies about the election long after he had reason to know he had legitimately lost.

Full Article: New evidence shows Trump was told many times there was no voter fraud — but he kept saying it anyway – The Washington Post

National: Attacks from within seen as a growing threat to elections | Christia A. Cassidy/Associated Press

Election officials preparing for this year’s midterms have yet another security concern to add to an already long list that includes death threats, disinformation, ransomware and cyberattacks — threats from within. In a handful of states, authorities are investigating whether local officials directed or aided in suspected security breaches at their own election offices. At least some have expressed doubt about the 2020 presidential election, and information gleaned from the breaches has surfaced in conspiracy theories pushed by allies of former President Donald Trump. Adding to the concern is a wave of candidates for state and local election offices this year who parrot Trump’s false claims about his loss to Democrat Joe Biden. “Putting them in positions of authority over elections is akin to putting arsonists in charge of a fire department,” said Secretary of State Jocelyn Benson, a Democrat and former law school dean who serves as Michigan’s top elections official. Experts say insider threats have always been a concern. But previously, the focus was mostly on what a volunteer poll worker or part-time employee could do to a polling place or county system, said Ryan Macias, who advises officials at the federal, state and local levels on election security. Now the potential harm extends to the very foundation of democracy — conducting fair elections.

Full Article: Attacks from within seen as a growing threat to elections | AP News

National: Election Workers Are in Crisis. Will Congress Actually Help? | Sam Brody/Daily Beast

February 25, 2022

Defiance County, Ohio, does not loom large in the story of the 2020 presidential election. This rural slice of northwest Ohio—population 38,000—went for Donald Trump by more than 30 percentage points. The county has long favored Republicans, and it hasn’t been competitive in a very long time. But for the people who run elections in Defiance County, the job has never been harder. “In the last three years, this job has basically tripled,” said Tonya Wichman, the county elections director. It’s not just the endless stream of calls and letters. It’s what they entail for election workers these days: near-constant harassment and denigration from people who, largely spurred on by Trump’s election fraud conspiracies, have developed a toxic distrust of the election system and those who run it. “It’s a disheartening thing… to have people tell you how bad you do your job when you’re going above and beyond what they expect from you,” Wichman says. “They’re listening to people speak about our jobs without asking us about our jobs.” In response, the Defiance County elections office has upgraded every aspect of its security, and there is an additional physical barrier between staff and those who walk in. They instruct poll workers what to do if they see a suspicious car at a voting location, which Wichman says has not been necessary before. Wichman stresses that election workers love what they do and are committed to protecting the integrity of the system—no matter what. But for some in the field, the work has simply become too overwhelming.

Full Article: Election Workers Are in Crisis. Will Congress Actually Help?

National: Judges are narrowing voting protections. Some fear lasting damage | Carrie Johnson/NPR

February 25, 2022

The nation’s premier tool to protect voting rights is in mortal danger, threatened on multiple fronts by the Supreme Court and lower-ranking federal judges, scholars and civil rights advocates say. The latest blow to the landmark Voting Rights Act of 1965 came this week in Arkansas, where a federal judge appointed by former President Donald Trump dismissed a case over new statehouse maps. The NAACP and the American Civil Liberties Union argued that the maps diluted the power of Black voters. But the judge said he found no way for the outside advocates to proceed. “Only the Attorney General of the United States can bring a case like this one,” wrote Judge Lee Rudofsky. The ACLU said the decision flouts decades of precedent and vowed to appeal. “This ruling was so radical that there was no choice but to appeal it,” said Sophia Lin Lakin, deputy director of the ACLU’s Voting Rights Project. “Private individuals have brought cases under Section 2 of the Voting Rights Act to protect their right to vote for generations.”

Full Article: The Supreme Court takes on another Voting Rights Act case : NPR

Wisconsin Republicans seeks to jail officials in 2020 election review | Patrick arley/Milwaukee Journal Sentinel

February 25, 2022

Assembly Republicans sought Friday to jail the chairwoman of the state Elections Commission, Racine’s mayor and other officials as part of their months-long review of the 2020 presidential election. The court filing marked the latest shift in approach for Michael Gableman, a former state Supreme Court justice who is leading the review for the Republicans. Three days ago, he abandoned far-reaching subpoenas he issued in January to the immigrant rights group Voces de la Frontera Action. A month ago an attorney working with Gableman told a judge he was hoping to avoid trying to jail the mayors of Madison and Green Bay. But on Friday Gableman intensified his efforts, telling Waukesha County Circuit Judge Ralph Ramirez he should incarcerate those mayors and others if they don’t sit for interviews with him behind closed doors. The officials have said they are willing to talk to Gableman but don’t believe he should be able to do so out of the view of the public. They argue the interviews should be conducted before a legislative committee.

Full Article: Wisconsin Republicans seeks to jail officials in 2020 election review

National: Election officials are on the frontlines of defending democracy. They didn’t sign up for this. | Zach Montellaro/Politico

Voting for the 2022 midterms is already underway, and the nation’s top election officials are caught fighting a two-front war: Battling disinformation stemming from the last election, while simultaneously preparing for the next one. The officials are no longer just running elections. They’ve become full-time myth-busters, contending with information threats coming from the other side of the globe — and their own ranks. In interviews with 10 state chief election officials — along with conversations with staffers, current and former local officials and other election experts — many described how they have had to refocus their positions to battle a constant rolling boil of mis- and disinformation about election processes. They’re dealing with political candidates undermining the election systems that they still run for office in, and conspiracy theories that target even the most obscure parts of America’s election infrastructure. And they say the country will face the same issues this year as it elects a new Congress and decides control of three dozen statehouses. “The biggest challenge that we face is disinformation, about the 2020 election in particular, and more generally about the election system itself,” Minnesota Secretary of State Steve Simon, a Democrat, said in an interview. Their battle against mis- and disinformation comes at a tenuous time for American democracy, as an already diminished faith in the U.S. electoral system risks slipping further still in 2022. A recent NPR/Ipsos poll found that 64 percent of Americans believed democracy was “in crisis and at risk of failing.”

Full Article: Election officials are on the frontlines of defending democracy. They didn’t sign up for this. – POLITICO

National: Election experts sound alarms as costs escalate and funding dwindles | Mike DeBonis and Amy Gardner/The Washington Post

Full Article: While Trump keeps focus on last election, election officials sound alarms about next one as costs escalate and funding dwindles – The Washington Post

When a global pandemic threatened to throw the 2020 presidential election into chaos, hundreds of millions of dollars flowed to state and local election agencies to ensure they had the resources to conduct a fair and accessible election, ultimately allowing administrators to manage record turnout with relatively few hiccups. Two years later, that money is gone and while the pandemic has ebbed it has not disappeared, and new challenges have arisen, including rising security threats, supply-chain disruptions and escalating costs for basic materials such as paper ballots, which have gone up by as much as 50 percent around the country, according to some estimates. Election officials and voting experts are now warning as the midterm elections get underway that new funding is needed to avoid significant problems in November. “The scale of the need is in literally the tens of billions of dollars,” said Tiana Epps-Johnson, executive director of the Center for Tech and Civic Life (CTCL), a nonpartisan, nonprofit group that distributed more than $300 million in grants to election agencies in 2020, funded by donations from Facebook founder Mark Zuckerberg and his wife, Priscilla Chan. If Congress does not act quickly, “there will be gaps that could have a really negative impact on election departments’ ability to administer a safe and secure process this November,” she added. “That’s how you end up with lines that wrap around city blocks.”

National: County election systems just got a (simulated) stress test | Benjamin Freed/StateScoop

Officials from county governments across the U.S. on Friday theorized what they’d do if an election in their jurisdiction was upended by a blizzard, power outage, phishing attack, ransomware or disinformation campaign — or some combination of those events. On the first day of the National Association of Counties‘ annual legislative conference in Washington, the county officials, including some elected leaders and chief information officers, played out a tabletop scenario that asked them to describe how they’d respond to an election-night disaster. Tabletop exercises have become increasingly common in the election-administration community, with federal agencies like the Cybersecurity and Infrastructure Security Agency holding nationwide, often closed-door events every year. The NACo event featured officials who, while maybe not directly involved in election work, could potentially have to help respond in case of an emergency. The NACo tabletop focused on a fictional community in Tennessee — Pictoria County, population 220,000 — with an election staff of 10 and IT workforce of 20, who assist with testing voting equipment before and on Election Day. In the first scenario, Pictoria County was hit with a freak, early-November snowstorm strong enough to knock down power lines, prompting the election director to ask the IT director how voting equipment will be delivered to all 150 precincts.

Full Article: County election systems just got a (simulated) stress test

National: Paper Shortage for Ballots Could Pose Difficulties for Elections | Andre Claudio/Route Fifty

With this year’s election season right around the corner, officials are warning that a shortage of paper for ballots, envelopes and other voting materials could create problems. The paper required for ballots must be a specific type that is higher quality than other kinds, explained Tammy Patrick, a senior adviser with the Democracy Fund, a nonpartisan foundation that focuses on elections and other issues. “It’s difficult to know exactly what the impact will be because we are not sure at what point these supply deficits will be filled,” Patrick told Route Fifty. “We have a situation where we have this high-quality ballot paper stock that we need for things ranging from voter registration forms, envelopes, provisional ballot forms, applications for ballots and even something as simple as a voter identification card,” she said, adding that U.S. elections are “still deeply rooted in the use of paper.” Patrick and others raised the issue of potential paper shortages affecting elections, along with rising paper costs, during a National Association of Counties meeting in Washington, D.C. over the weekend. As with other goods during the past year or so, supply chain kinks and labor shortages are among the factors blamed for shortages in the paper industry. The Electoral Knowledge Network notes that printing ballots involves extensive quality control measures and can involve using paper with features like watermarks.

Full Article: Paper Shortage for Ballots Could Pose Difficulties for Elections – Route Fifty

National: State judges across the U.S. face growing GOP pushback against rulings in election cases | Kira Lerner/Georgia Recorder

In mid-December, Texas’ highest criminal court revoked the state attorney general’s ability to use his office to prosecute election-related cases without the request of a district or county attorney. In an 8-1 opinion, the all-Republican court weakened Attorney General Ken Paxton’s power to independently go after perpetrators of voter fraud, a problem he says is rampant but is actually exceedingly rare. The decision angered Paxton, who took to Twitter to say the ruling “could be devastating for future elections in Texas.” But he didn’t stop there. In addition to filing a motion for a rehearing, he embarked on a campaign across conservative media calling on his voters to pressure the judges to reverse their ruling. His crusade is the latest example of how Republican officials are trying to discredit state court judges who rule against them or issue rulings they disagree with in election-related cases. Officials in other states, including Tennessee and Pennsylvania, are also using the tactic to undermine the judiciary and to sow doubt among voters about whether judges can be independent arbiters of fact when it comes to decisions about the administration of elections.

Full Article: State judges across the U.S. face growing GOP pushback against rulings in election cases | Georgia Public Broadcasting

‘We have a project’: QAnon followers eye swing state election official races | Ed Pilkington/The Guardian

QAnon, the extremist conspiracy movement whose followers believe Donald Trump is waging war against the “deep state”, appears to have instigated a nationwide effort to take control of the US election process in critical battleground states ahead of America’s 2024 presidential election. In recent months concern has risen over the coordinated efforts of at least 15 candidates – committed to Trump’s “big lie” that the 2020 election was stolen from him – who are now running to serve as chief election officials in key swing states. At least eight of the candidates standing for secretary of state positions have formed an alliance in which they share tactics and tips for success, details of which the Guardian revealed last month. Should any of the candidates be elected, they would be in prime position to distort or even overturn election results in favor of Trump or another preferred presidential candidate in ways that could have a profound impact on or even determine the national outcome. All the big lie candidates vying to gain control of election counts at state level present themselves as Republicans. It is now emerging that QAnon played a critical role in steering far-right candidates towards the secretary of state races as part of what appears to be a calculated nationwide assault on American democracy.

Full Article: ‘We have a project’: QAnon followers eye swing state election official races | QAnon | The Guardian

National: Senators Look to Fix 1887 Electoral Act Putting U.S. Democracy at Risk | Blake Hounshell and Leah Askarinam/The New York Times

The Electoral Count Act is both a legal monstrosity and a fascinating puzzle. Intended to settle disputes about how America chooses its presidents, the 135-year-old law has arguably done the opposite. Last year, its poorly written and ambiguous text tempted Donald Trump into trying to overturn Joe Biden’s victory, using a fringe legal theory that his own vice president rejected. Scholars say the law remains a ticking time bomb. And with Trump on their minds, members of Congress in both parties now agree that fixing it before the 2024 election is a matter of national urgency. “If people don’t trust elections as a fair way to transition power, then what are you left with?” said Senator Angus King, an independent from Maine who has been leading the reform efforts. “I would argue that Jan. 6 is a harbinger.”

Full Article: Senators Look to Fix 1887 Electoral Act Putting U.S. Democracy at Risk – The New York Times

National: State election officials survived Trump’s attacks. Will they survive the ballot box? | Arit John/Los Angeles Times

Michigan Secretary of State Jocelyn Benson and her 4-year-old son were settling in to watch “How the Grinch Stole Christmas” after putting up Christmas decorations when dozens of protesters descended on her home in December 2020 chanting “Stop the Steal” and “We want an audit.” Benson had been on the radar of President Trump and his allies since the spring, when he railed against her decision to send absentee ballot applications to all Michigan voters, calling her a “rogue Secretary.” But the late-night protest, marked by what she described at the time as “armed individuals shouting obscenities,” solidified her role as a central figure in the fight over control of American elections. The stakes have increased heading into the 2022 midterm elections. Democratic groups, donors and incumbents like Benson have raised record amounts to secure seats in battleground states, while Trump loyalists are running on his unfounded election fraud claims, challenging Democrats and Republicans like Georgia’s Brad Raffensperger in their bids to administer elections and sign off on the results. “Secretaries of state are, in the battle over the future of our democracy, serving on the front lines,” said Benson, who is expected to soon announce her reelection plans, in an interview with The Times. “[C]learly the work that we did to successfully defend democracy in 2020 has placed us in a greater spotlight.”

Full Article: Secretaries of states are front and center in 2022 midterms – Los Angeles Times

National: State Legislators Ramp Up Push for Election Control | Carl Smith/Governing

According to a January 2022 NPR/Ipsos poll, seven in 10 Americans believe that the U.S. is in crisis, even at risk of failing. Unproven claims that fraud tainted the 2020 election, still being repeated even by government officials, are a driving force behind these fears. State legislators from both parties have aggressively pushed election reform, introducing a record number of bills relating to matters including registration, voting by mail, voter ID and drop boxes. Moving beyond this, some Republican lawmakers have introduced bills that could give legislatures more power to decide election outcomes. “We see legislation and legislative reaction after every big election,” says Tammy Patrick, senior adviser to the elections program at Democracy Fund. “But the process is morphing in a way because it’s taking on additional topics that are greatly gaining traction that they never would’ve gotten in the past.” One of the bills that has attracted the most attention, Arizona HB 2596, would give the Legislature power to accept or reject election results. In the event of a rejection, “any qualified elector” would be able to file an action in a superior court to request a new election.

Full Article: State Legislators Ramp Up Push for Election Control

National: Right-wing conspiracy theories target tool that fights actual voter fraud | Miles Parks/NPR

If Republicans over the past few years have made one thing clear, it’s that they really care about voter fraud. Sometimes they call it “election irregularities” or “shenanigans,” but the issue has become a calling card for a party whose voters by and large falsely think elections in the U.S. are tainted. Which is what makes a currently blossoming election conspiracy so strange: The far right is now running a disinformation campaign against one of the best tools that states have to detect and prevent voter fraud. And experts worry voting policy is already starting to suffer as a result. The tool is a shared database called the Electronic Registration Information Center, or ERIC for short. It allows states to securely share voter registration data across state lines and with a number of other government agencies, like the Social Security Administration and departments of motor vehicles. That data-sharing allows participating states to expand ballot access by giving officials information that helps them reach out to eligible voters who have moved into the jurisdiction but have not yet registered to vote. But it also increases election security by notifying those same officials when a registered voter moves away or dies, allowing states to maintain more accurate voter rolls. “When you move away from a state, you don’t call your old state and say, ‘Please take me off the voter lists,’ ” said David Becker, an elections expert and former Justice Department attorney who led the development of ERIC while working at the Pew Charitable Trusts. “So to get really strong data that someone moved to another state — got a driver’s license there or maybe registered to vote — that’s really powerful information that allows states to keep their data up to date.”

Full Article: Right-wing conspiracy theories target tool that fights actual voter fraud : NPR

National: G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’ | Jonathan Weisman and Reid J. Epstein/The New York Times

The Republican Party on Friday officially declared the Jan. 6, 2021, attack on the Capitol and events that led to it “legitimate political discourse,” and rebuked two lawmakers in the party who have been most outspoken in condemning the deadly riot and the role of Donald J. Trump in spreading the election lies that fueled it. The Republican National Committee’s voice vote to censure Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois at its winter meeting in Salt Lake City culminated more than a year of vacillation, which started with party leaders condemning the Capitol attack and Mr. Trump’s conduct, then shifted to downplaying and denying it. On Friday, the party went further in a resolution slamming Ms. Cheney and Mr. Kinzinger for taking part in the House investigation of the assault, saying they were participating in “persecution of ordinary citizens engaged in legitimate political discourse.” After the vote, party leaders rushed to clarify that language, saying it was never meant to apply to rioters who violently stormed the Capitol in Mr. Trump’s name. “Liz Cheney and Adam Kinzinger crossed a line,” Ronna McDaniel, the Republican National Committee chairwoman, said in a statement. “They chose to join Nancy Pelosi in a Democrat-led persecution of ordinary citizens who engaged in legitimate political discourse that had nothing to do with violence at the Capitol.”

Full Article: G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’ – The New York Times

States seek to protect election workers amid growing threats | Lisa Rathke and Christina A. Cassidy/Associated Press

Lawmakers in a handful of states are seeking greater protections for election officials amid growing concerns for their safety after they were targeted by threats of violence following the 2020 presidential election. Widespread threats against those who oversee elections, from secretaries of state to county clerks and even poll workers, soared after former President Donald Trump and his allies spread false claims about the outcome of the presidential election. “Corrupt secretaries will all hang when the stolen election is revealed” is just one example of the vitriol that has come from social media, emails and phone messages. Even in Vermont, where the outcome wasn’t disputed, election workers have faced threats. A caller to the secretary of state’s office said in 2020 that a firing squad would target “all you cheating (vulgarity),” and “a lot of people are going to get executed.” To counter the threats, lawmakers have introduced bills so far in Vermont and several other states, including Illinois, Maine, New Mexico and Washington, all of which have legislatures controlled by Democrats. Much of the legislation would create or boost criminal liability for threats and, in Illinois, for assaults against election workers.

Full Article: States seek to protect election workers amid growing threats | AP News

National: Trump Calls for Massive Protests If He is Arrested, Calls (Black) Prosecutors Investigating Him “Racist,” and Suggests He Would Pardon Jan. 6 Rioters If Elected in 2024 | David Goodman and Emily Cochrane/The New York Times

Donald J. Trump said on Saturday that if elected to a new term as president, he would consider pardoning those prosecuted for attacking the United States Capitol on Jan. 6 last year. He also called on his supporters to mount large protests in Atlanta and New York if prosecutors in those cities, who are investigating him and his businesses, took action against him. The promise to consider pardons is the furthest Mr. Trump has gone in expressing support for the Jan. 6 defendants. “If I run and I win, we will treat those people from Jan. 6 fairly,” he said, addressing a crowd at a fairground in Conroe, outside Houston, that appeared to number in the tens of thousands. “We will treat them fairly,” he repeated. “And if it requires pardons, we will give them pardons, because they are being treated so unfairly.” At least 700 people have been arrested in connection with the Jan. 6 riot, including 11 who have been charged with seditious conspiracy. Some have said they believed they were doing Mr. Trump’s bidding. As president, Mr. Trump pardoned a number of his supporters and former aides, including Michael T. Flynn, his first national security adviser, who twice pleaded guilty to lying to the F.B.I., and Stephen K. Bannon, his former campaign strategist and White House adviser, who was charged with defrauding donors to a privately funded effort to build a wall along the Mexican border.

Full Article: Trump Says He Would Consider Pardons for Jan. 6 Defendants if Elected – The New York Times

National: Trump Had Role in Weighing Proposals to Seize Voting Machines | Alan Feuer, Maggie Haberman, Michael S. Schmidt and Luke Broadwater/The New York Times

Six weeks after Election Day, with his hold on power slipping, President Donald J. Trump directed his lawyer, Rudolph W. Giuliani, to make a remarkable call. Mr. Trump wanted him to ask the Department of Homeland Security if it could legally take control of voting machines in key swing states, three people familiar with the matter said. Mr. Giuliani did so, calling the department’s acting deputy secretary, who said he lacked the authority to audit or impound the machines. Mr. Trump pressed Mr. Giuliani to make that inquiry after rejecting a separate effort by his outside advisers to have the Pentagon take control of the machines. And the outreach to the Department of Homeland Security came not long after Mr. Trump, in an Oval Office meeting with Attorney General William P. Barr, raised the possibility of whether the Justice Department could seize the machines, a previously undisclosed suggestion that Mr. Barr immediately shot down. The new accounts show that Mr. Trump was more directly involved than previously known in exploring proposals to use his national security agencies to seize voting machines as he grasped unsuccessfully for evidence of fraud that would help him reverse his defeat in the 2020 election, according to people familiar with the episodes. The existence of proposals to use at least three federal departments to assist Mr. Trump’s attempt to stay in power has been publicly known. The proposals involving the Defense Department and the Department of Homeland Security were codified by advisers in the form of draft executive orders.

Full Article: Trump Had Role in Weighing Proposals to Seize Voting Machines – The New York Times

National: Memo circulated among Donald Trump allies advocated using NSA data in attempt to prove stolen election | Josh Dawsey, Rosalind S. Helderman, Emma Brown, Jon Swaine and Jacqueline Alemany/The Washington Post