National: Supreme Court to again consider federal protections for minority voters | Robert Barnes/The Washington Post

With one contentious election behind it, the Supreme Court this week will consider the rules for the next and how federal law protects minority voters as states across the nation race to revamp their regulations. The court on Tuesday will review the shield provided by the Voting Rights Act (VRA), first passed in 1965 to forbid laws that result in discrimination based on race. The cases at the Supreme Court involve two voting regulations from Arizona that are in common use across the country. One throws out the ballots of those who vote in the wrong precinct. The other restricts who may collect ballots cast early for delivery to polling places, a practice then-President Donald Trump denounced as “ballot harvesting.” But the greater impact will be the test that the increasingly conservative court develops for proving violations of the VRA, as new laws are proposed and state legislatures begin redrawing congressional and legislative districts following the 2020 Census.

Full Article: Supreme Court to consider federal protections for minority voters – The Washington Post

National: Voting rights take center stage on Capitol Hill and at Supreme Court | Todd Ruger/Roll Call

To get a sense of the partisan and unsettled future of election laws in the United States, look no further than the debates on ballot collection teed up in Congress and at the Supreme Court this week. The House is expected to pass a sweeping election, campaign finance and ethics overhaul bill that includes a provision that would require states to allow voters to give their completed absentee ballots to someone else to drop off. Democrats generally consider laws that limit ballot collection alongside others that seek to disenfranchise minority voters who are more likely to vote for their candidates, such as requiring photo identification at polling places. Senate Minority Leader Mitch McConnell and Republicans already have balked at that provision on what they call “ballot harvesting,” and he highlighted it last week on the floor as allowing “paid operatives” to show up at polling places with “a big stack of filled-out ballots with other people’s names on them.” With Congress at an apparent partisan deadlock on federal legislation on the issue without a major change in Senate rules, the Supreme Court will hear oral arguments Tuesday in a pair of cases about Arizona’s ballot collection ban.

Source: Voting rights take center stage on Capitol Hill and at Supreme Court

National: Election officials defended the 2020 vote. In 2022, they’ll have to defend themselves. | Zach Montellaro/Politico

Donald Trump transformed these once-obscure officials into either the enemies — or the saviors, as most would have it — of American democracy. Now, campaigns for secretary of state are becoming the next major arena of nationwide political combat. Sitting secretaries and political groups are preparing for a flood of candidates, money and attention into campaigns for the newly prominent positions in 2022. Voting rules have become a bigger cause for both political parties, while coronavirus-fueled election changes combined with Trump’s conspiracy theories to turn secretaries of state into pivotal characters in last year’s presidential election. The biggest battleground is likely to be Georgia, where Republican Secretary of State Brad Raffensperger is set to face dual challenges after Trump targeted him for certifying President Joe Biden’s victory there. Democrats are eager to take control of state election administration in Georgia, which has for years been at the center of national debates about voter suppression. But first, Raffensperger may see Trump endorse a primary opponent out of retribution for perceived slights. “This will be a true test of where the Republican Party is going,” said Jordan Fuchs, who ran Raffensperger’s 2018 campaign and is now deputy secretary of state in Georgia. “There’s some growing pains now that Trump is not the leader of the Republican Party. And these primary elections are going to be defining for us for a very long time.” Twenty-six states will have secretary of state elections next year, including five of the 10 closest states in the 2020 presidential election, and incumbents from both parties are preparing for tough battles. Michigan Secretary of State Jocelyn Benson, a Democrat up for reelection in 2022, said she will likely have to raise more money than before — but she expects it to be easier now. “If anything, the change will be that I won’t have to spend as much time, perhaps, persuading someone or convincing someone of the importance of investing in these races, as you might have in years past,” Benson said.

Full Article: Election officials defended the 2020 vote. In 2022, they’ll have to defend themselves. – POLITICO

National: Election Assistance Commission loses another key staffer, Jerome Lovato | Tim Starks and Sean Lyngaas/CyberScoop

Another top official is exiting the staff of the Election Assistance Commission, the third in recent months for the small agency that plays an outsized role in U.S. election security. Jerome Lovato, the testing and certification director for voting system certification at the EAC, is leaving that position next month, two sources told CyberScoop. And the commission began advertising the opening for the job he holds last week. His departure follows Josh Franklin leaving his job as EAC chief technology officer in December, and in November, Maurice Turner leaving as senior adviser to the executive director of the commission. The exits come at a sensitive time for the commission. The EAC this month voted to approve a long-awaited update to its widely-used voluntary voting system guidelines, nicknamed VVSG 2.0, and a perhaps years-long implementation period will follow. Those guidelines emphasize the value of risk-limiting audits that help verify election results, which were Lovato’s speciality both before he joined the EAC staff and during his time at the commission. It’s not the only transition for the EAC, either. The commission on Wednesday announced that Donald Palmer had begun his expected term as chairman, taking the gavel from Ben Hovland. Palmer, whom President Donald Trump nominated as a commissioner, will make “building a voluntary election system testing program for non-voting technology to increase the security of election systems” a priority, an EAC news release said. Lovato joined the EAC in 2017, and in 2019 took the role he’s now departing. Before that, he worked for the Colorado secretary of state.

Full Article: Election Assistance Commission loses another key staffer, Jerome Lovato

National: Republican legislators around the country seek to strip governors and officials of emergency election powers | Fredreka Schouten and Kelly Mena/CNN

Republican legislators around the country are moving aggressively to strip governors and other officials of their power to change election rules — after states made it easier to vote last year during the coronavirus pandemic and turnout surged to record levels. The measures have been introduced in at least eight states with Republican-controlled legislatures — including the key battlegrounds of Georgia and Arizona. Some bills would give more authority to lawmakers to establish the ground rules for voting, in an escalation of the already bitter partisan fights that have erupted following the 2020 presidential contest. The fresh showdowns over who should run elections come as allies of former President Donald Trump continue to try to cast doubt on his loss — by arguing that election officials and the courts usurped state laws when they relaxed voting rules to overcome challenges posed by the pandemic. And they represent the latest front in the ongoing political warfare over voting rules. As of this month, state legislators in 43 states had introduced 253 bills to restrict voting access, according to an updated tally by the Brennan Center for Justice at New York University. The proposals to curtail officials’ powers are “consistent with the pattern that is happening across the country in Republican-dominated legislatures,” Jonathan Diaz, legal counsel for voting rights at the nonpartisan Campaign Legal Center. “They are trying to corner the market on running elections and make it more difficult to expand the right to vote.”

Full Article: Republican legislators in Georgia, Arizona and other states seek to tighten their control over how elections are run – CNNPolitics

National: Proposals to restrict voting gain traction in Republican states | Adam Brewster and Caitlin Huey-Burns/CBS

After a record turnout election that delivered Democrats the presidency and the Senate, Republican lawmakers in Georgia introduced legislation this week that critics say threatens to diminish the number of voters participating in the state’s next elections. If these provisions pass, Georgia would quickly go from being one of the easiest states in which to vote by mail to one of the more difficult ones. A bill introduced in the state Senate on Tuesday would severely limit who would be able to vote by mail, requiring voters to provide an excuse in order to vote by mail, although Georgia has had no-excuse absentee voting since 2005, when it was passed by a Republican legislature. Mail-in voters would also need to submit identification information to request a ballot. In 2020, Joe Biden became the first Democrat since Bill Clinton won Georgia in 1992 to win the state, and in January, Georgia’s pair of runoff Senate elections handed control of the Senate to Democrats. A record 5 million Georgia voters voted in the presidential election, including 1.3 million by mail, according to the U.S. Elections Project. The January Senate runoffs also set records, with over 4.4 million voters, including more than 1 million by mail. Georgia had two recounts and a signature audit following the general election and found no evidence of widespread voter fraud. 

Full Article: Proposals to restrict voting gain traction in Republican states – CBS News

National: Dominion and Smartmatic have serious shot at victory in election disinformation suits, experts say | Tucker Higgins/CNBC

Dominion Voting Systems and Smartmatic USA have a good shot at winning their billion-dollar defamation suits against a host of conservative personalities and, in the case of Smartmatic, Fox News, but they still have a lot to prove in court, experts say. Each of the two election technology firms has sued several boosters of former President Donald Trump, saying that they worked to spread conspiracy theories about each company’s products in order to cast doubt on President Joe Biden’s electoral victory. Dominion launched its first salvo last month, suing Trump’s personal attorney Rudy Giuliani and Sidney Powell, a conspiracy theorist and former lawyer for Trump’s campaign, in separate $1.3 billion suits brought in Washington, D.C., federal court. The company hit MyPillow CEO Mike Lindell on Monday with its latest suit, also calling for damages of $1.3 billion. Dominion CEO John Poulos warned the next day on CNBC that the Lindell suit is “definitely not the last.” Smartmatic has brought one case so far, in New York state court. The company sued Giuliani and Powell in addition to Fox News and its hosts Lou Dobbs, Maria Bartiromo and Jeanine Pirro. Smartmatic has asked for a minimum of $2.7 billion from the defendants in that case. Dominion’s suits are before District Judge Carl Nichols, a Trump appointee. Smartmatic’s suit is before Judge David Cohen, a Democrat who was elected in November. While the sums are staggering, lawyers who have worked on defamation cases in the past say the companies have made a pretty good showing so far.

Full Article: Dominion and Smartmatic defamation cases are credible, experts say

National: Congress looks towards new data breach laws as Russian hack scope remains unknown | Tonya Riley/The Washington Post

Companies responding to a massive Russian hack urged Congress to update laws dictating how the private sector shares information about cybersecurity breaches with the government.  “It is time not only to talk about, but to find a way to take action, to impose in an appropriate manner some kind of notification obligation on entities in the private sector,” Microsoft president Brad Smith told members of the Senate Intelligence Committee. “I think it’s the only way we’re going to protect the country and I think it’s the only way we’re going to protect the world.”  We are just finding out more government and private sector victims who were compromised as part of the months-long SolarWinds hacking campaign discovered in December. The full scope of the victims of the Russian hack is still unknown since private companies have no legal obligation to come forward with the information. As the White House readies sanctions against Russia for the attack and other malign cyberactivity, as Ellen Nakashima reported, committee members from both parties expressed interest in boosting reporting requirements, which have failed in the past due to aggressive industry lobbying and Republican wariness over regulation.

Full Article: The Cybersecurity 202: Congress looks towards new data breach laws as Russian hack scope remains unknown – The Washington Post

National: House set to move on elections overhaul as outside advocates focus on Senate | Kate Ackley/Roll Call

With House Democrats poised to pass their 791-page campaign finance, elections and ethics overhaul as soon as next week, outside groups that support the measure are turning to the Senate. Left-leaning organizations such as Indivisible, Public Citizen, Democracy 21 and Common Cause, among others, have ramped up lobbying, grassroots and advertising campaigns aimed at the Senate, which poses a potentially fatal threat to the package. Even though Democrats narrowly control both chambers, the bill would need at least 60 votes to overcome a filibuster in the Senate. It’s a reality that has some advocates for the bill, which is dubbed HR 1 in the House and S 1 in the Senate, pushing to roll back the filibuster, at least in some fashion. “We have a broken political system, a corrupting campaign finance system and a democracy that has been greatly damaged,” said Fred Wertheimer, president of the political money overhaul group Democracy 21. “This legislation makes historic democracy reforms, and the choice is going to come down to: Are we going to repair our democracy or are we going to let an antiquated filibuster rule stand in the way of fixing our political system and our democracy?” Wertheimer added that how Senate Democrats might figure out a way to pass the bill was above his “pay grade.” On the other side, conservative organizations American Principles Project and the Susan B. Anthony List said Wednesday they were partnering in a new, at least $5 million Election Transparency Initiative led by Ken Cuccinelli, a former Trump administration official, to defeat HR 1 and to mount what the groups called a vigorous defense of the filibuster.

Full Article: House set to move on elections overhaul as outside advocates focus on Senate – Roll Call

National: U.S. Supreme Court formally pulls the plug on election-related cases | Andrew Chung and Lawrence Hurley/Reuters

The U.S. Supreme Court on Monday brought a formal end to eight lingering disputes pursued by former President Donald Trump and his allies related to the Nov. 3 presidential election including a Republican challenge to the extension of Pennsylvania’s deadline to receive mail-in ballots. The justices turned away appeals by the Republican Party of Pennsylvania and Republican members of the state legislature of a ruling by Pennsylvania’s top court ordering officials to count mail-in ballots that were postmarked by Election Day and received up to three days later. Three of the nine-member court’s six conservative justices – Clarence Thomas, Samuel Alito and Neil Gorsuch – dissented from the decision not to hear the Pennsylvania case. Trump, a Republican, lost his re-election bid to Democrat Joe Biden, who took office on Jan. 20. Biden defeated Trump by more than 80,000 votes in Pennsylvania and the legal case focused on fewer than 10,000 ballots. The high court, as expected, also rejected two Trump appeals challenging Biden’s victories in Pennsylvania and Wisconsin based on claims that the rules for mail-in ballots in the two election battleground states were invalid. The court also turned away separate cases brought by Trump allies in Pennsylvania, Michigan, Georgia and Arizona – all states won by Biden.

Full Article: U.S. Supreme Court formally pulls the plug on election-related cases | Reuters

National: ‘No Evidence’ Of Election Fraud In Battleground States, Statistical Analysis Finds As Trump Continues False Claims | Alison Durkee/Forbes

A new MITRE Corporation analysis of eight battleground states’ election results found there was “no evidence of fraud, manipulation, or uncorrected error”—including involving Dominion voting machines—further emphasizing the presidential race wasn’t “stolen” or fraudulent even as former President Donald Trump and his allies continue to push those claims. The analysis, done by MITRE’s nonpartisan National Election Security Lab, looked at presidential election results from Arizona, Florida, Georgia, Michigan, North Carolina, Ohio, Pennsylvania, and Wisconsin, with a focus on several “anomalies” that have been held up by some in the GOP as evidence of potential fraud. In response to a far-right conspiracy theory that Dominion Voting Systems’ voting machines fraudulently flipped votes to Joe Biden, researchers compared results from different vendors’ machines and found “there was no statistical difference” that would suggest votes on Dominion machines were changed. Using statistical data analysis, researchers looked into allegations of so-called ballot harvesting in Georgia–in which third parties deliver people’s ballots, which critics say could cause them to be tampered with—and found “no suspicious indicators” of the practice. There was also no evidence of “vote flipping or ballot box stuffing” in Georgia, after researchers created an “election fingerprint” using turnout and voter data that can be used to detect fraud.

Full Article: ‘No Evidence’ Of Election Fraud In Battleground States, Statistical Analysis Finds As Trump Continues False Claims

National: High-profile elections officials leave posts after a tumultuous 2020 | Fredreka Schouten and Kelly Mena/CNN

A cluster of election officials around the country have lost or left their jobs in recent weeks, as the fallout from the tumultuous 2020 election season continues. The exits come as experts say a wave of departures could be on the horizon, as elections officials reach retirement age or leave jobs that have become increasingly targeted in partisan political battles. Secretaries of state have broad portfolios, ranging from election oversight to registering corporations. The day-to-day responsibilities of administering elections generally fall to officials at the county and city level. Indiana’s Secretary of State Connie Lawson, the state’s longest-serving elections chief, announced Monday her plans to resign, saying “2020 took a toll on me.” On Tuesday, the Fulton County, Georgia, elections board voted 3-2 to remove elections director Richard Barron from his post in the state’s largest county, citing the need to modernize elections. (His future is in flux after a county commission failed to ratify the election panel’s decision.) And Pennsylvania’s top election official Kathy Boockvar, who became a familiar face across the country as she oversaw an intensely scrutinized presidential contest last November, resigned this month after her agency mistakenly failed to advertise a proposed constitutional amendment — an error unrelated to the 2020 election. Potentially a quarter of local election officials in some of the country’s largest jurisdictions are planning to retire before 2024, according to a survey of 857 officials in all 50 states by the Early Voting Information Center at Reed College.

Full Article: High-profile elections officials leave posts after a tumultuous 2020 – CNNPolitics

National: Meet SG3: The Élite Legal Squad That Vowed to Safeguard the Election | Jane Mayer/The New Yorker

Last March, after President Trump declaimed that the only way he could lose the election was if there was fraud, Seth Waxman couldn’t sleep. A member of the tiny, élite club of litigators who have served as Solicitors General of the United States, Waxman is not a mellow guy. An obsessive runner with the wound-up energy of a twisted rubber band, he often wakes up at three in the morning agitated by something or other. Typically, he makes a cup of tea, works for an hour, and goes back to bed. But the insomnia last March, he said, “was, like, five nights in a row!” The proximate cause was what he calls “the Doomsday scenarios,” which he feared could unfold if Trump tried to subvert the 2020 election. Could the President order the election postponed because of the pandemic? he wondered. Could he call a reunion of the ice agents he sent into Portland to intimidate minority voters in urban centers? Night after night, Waxman tabulated every possible thing that could go wrong. Having advised several Democratic Presidential campaigns, he was familiar with the pitfalls. But none of the nightmares conjured by Trump “corresponded with anything I’d worried about in earlier campaigns,” he said. He ended up with a three-and-a-half-page single-spaced list of potential catastrophes. Eleven months before the Senate impeachment trial exposed an unprecedented level of political savagery, Waxman quietly prepared for the worst. He reached out to two other former Solicitors General, Walter Dellinger and Donald Verrilli, who served as the Clinton and the Obama Administrations’ advocates, respectively, before the Supreme Court. By April, they had formed a small swat team to coördinate with the Biden campaign. They called themselves the Three Amigos, but the campaign referred to them as SG3. Their goal: safeguarding the election.

Full Article: Meet SG3: The Élite Legal Squad That Vowed to Safeguard the Election | The New Yorker

National: State GOP lawmakers propose flurry of voting restrictions to placate Trump supporters, spurring fears of a backlash | Amy Gardner/The Washington Post

GOP state lawmakers across the country have proposed a flurry of voting restrictions that they say are needed to restore confidence in U.S. elections, an effort intended to placate supporters of former president Donald Trump who believe his false claims that the 2020 outcome was rigged. But the effort is dividing Republicans, some of whom are warning that it will tar the GOP as the party of voter suppression and give Democrats ammunition to mobilize their supporters ahead of the 2022 midterms. The proposals include measures that would curtail eligibility to vote by mail and prohibit the use of ballot drop boxes. One bill in Georgia would block early voting on Sundays, which critics quickly labeled a flagrant attempt to thwart Souls to the Polls, the Democratic turnout effort that targets Black churchgoers on the final Sunday before an election. States where such legislation is under consideration also include Arizona, Florida, Texas, Pennsylvania, Michigan and Wisconsin. Proponents say the actions are necessary because large numbers of voters believe Trump’s false assertions that President Biden won the 2020 election through widespread fraud. “The goal of our process here should be an attempt to restore the confidence of our public in our elections system,” said Barry Fleming, a state lawmaker from Evans, Ga., and the chairman of the newly formed House Special Committee on Election Integrity.

Full Article: GOP lawmakers propose flurry of voting restrictions to placate Trump supporters – The Washington Post

National: Dominion files defamation lawsuit against MyPillow’s Mike Lindell over false claims voting machines were rigged against Trump | Emma Brown/The Washington Post

Dominion Voting Systems on Monday filed a defamation lawsuit against Mike Lindell, chief executive of MyPillow, arguing that Lindell has refused to stop repeating false claims that the company’s voting machines were manipulated to rig the 2020 election against President Donald Trump. Dominion is seeking more than $1.3 billion from Lindell, a staunch Trump supporter. The company says Lindell contributed to a “viral disinformation campaign” about Dominion on social media, in broadcast interviews, at public pro-Trump rallies and in a two-hour documentary about election fraud — entitled “Absolute Proof” — that he created and paid to air on One America News. The 115-page complaint, filed in federal court in the District, alleges that Lindell, a “talented salesman,” used falsehoods about Dominion to promote MyPillow to fellow Trump supporters. It names both Lindell and his company as defendants and outlines several instances in which Lindell used appearances on conservative media to hawk his products. Dominion sent multiple letters to Lindell, warning that he was putting himself in legal jeopardy by spreading lies about the company. “Despite having been specifically directed to the evidence and sources disproving the Big Lie, Lindell knowingly lied about Dominion to sell more pillows to people who continued tuning in to hear what they wanted to hear about the election,” the complaint says.

Full Article: Dominion files defamation lawsuit against MyPillow’s Mike Lindell over false claims voting machines were rigged against Trump – The Washington Post

National: Despite 2020 successes, election officials’ disinformation fight continues | Benjamin Freed/StateScoop

While the execution of the 2020 general election went off with relatively few bumps, election officials and industry experts said Thursday that the rampant disinformation that spread on cable news and social media during and after the campaign still leaves them with challenges in winning voters’ trust. “2020 was best administered election I’ve seen of my career,” Ben Hovland, the chairman of the U.S. Election Assistance Commission, said during a panel on election security hosted by the Mitre Corporation. “Election officials around the country put in countless hours and did the work.” That work, Hovland and others said, included expanding their absentee and early voting options in response to the COVID-19 pandemic, recruiting and training younger poll workers to replace seniors who withdrew over coronavirus concerns, implementing new post-election audits and conducting tabletop exercises at the national, state and local levels. Yet the election community still found itself fighting back one of the strongest tides of disinformation about mail-in voting and voting machines that grew so extreme that it prompted death threats against election officials and, eventually, the pro-Donald Trump mob that staged a deadly riot in the U.S. Capitol on Jan. 6. One of those officials who had to put up with those threats was Georgia Secretary of State Brad Raffensperger, who told the Mitre event that Joe Biden’s narrow win over Trump in his state — the first by a Democrat since 1992 — prompted “questions about the accuracy of the election.”

Full Article: Despite 2020 successes, election officials’ disinformation fight continues

National: Massive breach fuels calls for US action on cybersecurity | Ben Fox and Alan Suderman/Associated Press

Jolted by a sweeping hack that may have revealed government and corporate secrets to Russia, U.S. officials are scrambling to reinforce the nation’s cyber defenses and recognizing that an agency created two years ago to protect America’s networks and infrastructure lacks the money, tools and authority to counter such sophisticated threats. The breach, which hijacked widely used software from Texas-based SolarWinds Inc., has exposed the profound vulnerability of civilian government networks and the limitations of efforts to detect threats. It’s also likely to unleash a wave of spending on technology modernization and cybersecurity. “It’s really highlighted the investments we need to make in cybersecurity to have the visibility to block these attacks in the future,” Anne Neuberger, the newly appointed deputy national security adviser for cyber and emergency technology said Wednesday at a White House briefing. The reaction reflects the severity of a hack that was disclosed only in December. The hackers, as yet unidentified but described by officials as “likely Russian,” had unfettered access to the data and email of at least nine U.S. government agencies and about 100 private companies, with the full extent of the compromise still unknown. And while this incident appeared to be aimed at stealing information, it heightened fears that future hackers could damage critical infrastructure, like electrical grids or water systems. President Joe Biden plans to release an executive order soon that Neuberger said will include about eight measures intended to address security gaps exposed by the hack. The administration has also proposed expanding by 30% the budget of the U.S. Cybersecurity and Infrastructure Agency, or CISA, a little-known entity now under intense scrutiny because of the SolarWinds breach.

Full Article: Massive breach fuels calls for US action on cybersecurity

National: EAC Chairman urged Congress to guarantee election security funding | Tonya Riley/The Washington Post

A top official urged Congress yesterday to ensure dependable funding for the Election Assistance Commission, an independent government body that allocate grants for states to improve their election security. The funding is essential to making sure that states can make critical election security improvements ahead of the 2022 election, said the group’s head. “The nature of cybersecurity threats, the ongoing nature of those threats and the fact that it is a national security issue means there’s real value to having a piece of federal funding that is dependable that can be planned around,” EAC Chairman Benjamin Hovland told members of the House Appropriations Subcommittee on Financial Services and General Government. The hearing comes as a Democrat-led Congress tees up a new round of efforts to improve election security in the aftermath of a fiercely disputed 2020 election.  Democrats have made passing a sweeping elections package a priority now that they control the Senate. The package includes permanently authorizing the EAC’s budget as well as new requirements for states to update their voter registration systems and additional funding to make upgrades possible. “The fact these dedicated election officials were able to achieve this feat amid a global pandemic is even more remarkable. However, now is not the time to proclaim “mission accomplished,” said subcommittee Chair Mike Quigley (D-Ill.). “The threats to our democracy are constant and ever evolving. Our enemies will not be taking a break, so neither can we.”

Full Article: The Cybersecurity 202: A top official urged Congress to guarantee election security funding – The Washington Post

National: Mail Voting Boosted Turn Out for Voters With Disabilities. Will Republican Lawmakers Let It Continue? | Abigail Abrams/Time

Republican state lawmakers are advancing a wave of new voting restrictions aimed at reversing the slew of pandemic-inspired election flexibilities, including expansions of mail voting, that most states adopted last year. But new evidence shows that those voting options likely led to significantly higher turnout among Americans with disabilities, a group that is equally as likely to vote Republican as Democrat. Just 11% of voters with disabilities said they experienced difficulties in voting in 2020, down from 26% in 2012, according to a study on voting accessibility published Wednesday by the U.S. Election Assistance Commission (EAC). Among disabled voters who used mail ballots, just 5% reported experiencing difficulties, while 18% of disabled voters who opted for in-person voting encountered difficulties. Those numbers mark a major change from previous election cycles, according to experts on political participation. “Anything that makes it easier, that provides more options to people with disabilities, is good for the turnout of people with disabilities,” says Douglas Kruse, a professor at Rutgers School of Management and Labor Relations who co-authored the EAC study. But in the wake of former President Donald Trump’s election loss and the subsequent Jan. 6 riots incited by his claims of a stolen election, Republican state lawmakers are doubling down on bills that require Americans to jump through more hoops to cast a vote. A recent analysis by the Brennan Center for Justice found that this year, lawmakers have already filed 165 bills to restrict voter access in 33 states. Many of the bills would limit mail voting, add new voter ID requirements, make it tougher to register to vote and easier for states to kick people off voter rolls if they don’t vote in every election. States that were closely contested in 2020 have seen the most legislative action, with Arizona, Pennsylvania and Georgia leading the pack on new voting restriction proposals. Republicans in Wisconsin and Michigan have indicated they may also pursue similar bills.

Full Article: Mail Voting Boosted Turn Out for Voters With Disabilities | Time

National: New guide on election system supply chains aids risk evaluations | Benjamin Freed/StateScoop

A new report by the Center for Internet Security aims to simplify the process for election technology vendors securing the supply chains they use in developing the products they sell to state and local officials. Although the guide, published last week, had been in the works for months, its authors said it takes on added relevance in the wake of the so-called SolarWinds hack, a suspected Russian espionage operation that breached the software supply chains of numerous federal agencies, corporations and state governments. So far, there has been no evidence the SolarWinds hack affected any U.S. election systems, the acting head of the Cybersecurity and Infrastructure Security Agency said Feb. 3, but the sheer amount of hardware and software used in the voting process leaves it vulnerable to similar compromises, said Aaron Wilson, a senior director for election security at CIS and one of the report’s authors. “The election space is a lot like the rest of our technology space where the supply chain has inherent risks,” he told StateScoop. Modern elections are conducted on an elaborate assembly of technologies, including voter registration systems, electronic pollbooks used when voters check in, ballot-marking devices, optical scanners that collect and tabulate ballots and election night results websites where unofficial counts are posted. And each of those are made up of their own, sometimes complex chain of components, the CIS report explains. That means election officials need to be confident that their vendors have assessed and mitigated any risks with their third-party suppliers, Wilson said. While the larger vendors in the election technology market have large and sophisticated technical staffs, he said, there are also smaller companies that may need direction on how to avoid incidents that could undermine public confidence in an election.

Full Article: New guide on election system supply chains aids risk evaluations

National: What comes next for top election administrators | Zach Montellaro/Politico

2020 was a tumultuous year for the election administrators of America.And while running a presidential election is never an easy job, it is often a low-profile one — which was distinctly not the case last year. “It was one of those scenarios that we we practice in tabletop exercises, that seems totally unrealistic, but that’s what we were facing,” New Mexico Secretary of State Maggie Toulouse Oliver, a Democrat and the president of the bipartisan National Association of Secretaries of State, said in an interview with Score. Election officials dealt with the dual threat of the pandemicand misinformation. And while one will (hopefully) be a distant memory by the next national election, fighting misinformation will be a role that secretaries will have to embrace going forward — and one that secretaries will increasingly have to lean on each other to combat. Toulouse Oliver stressed that voter-education will be important: “The longer term challenge, that I think we as election officials acknowledge that we’re going to have to figure out a way to deal with this better, is to better educate the public,” she said, citing states pushing for more transparency in the system and making sure information is more “digestible” to the average person not steeped in the process. Ohio Secretary of State Frank LaRose, a Republican and the co-chair of NASS’ elections committee, stressed the importance of trying to get as many people involved in the process as possible in an interview, saying elections were a “breeding ground” for “mythology.” But he also noted the speed in which results, even unofficial, are known is critical. “We’re never going to sacrifice accuracy for speed. But we’ve all gotten accustomed to being able to deliver our numbers pretty quickly on election night,” he said. He nodded to the fact that the Buckeye State allows election officials to process mail ballots much earlier than other battleground states like Michigan, Pennsylvania and Wisconsin, which created the time needed in those states for conspiracy theories to ferment. (I’ll note that the Republican-controlled legislatures in those states balked at giving an extended window, despite early warnings about what could happen.)

Full Article: What comes next for top election administrators – POLITICO

National: Despite Security Concerns Online Voting Advances | Matt Vasilogambros and Lindsey Van Ness/Stateline

This past year showed that unexpected events can upend traditional, in-person voting. The rush to mail-in voting during the pandemic also exposed the challenges that voting by mail poses for certain residents, including those with disabilities who may not be able to independently fill out and mail a paper ballot. But election security experts say electronic voting poses significant risks. Personal devices such as smartphones and laptops are often littered with malware. A ballot could be tampered with on the voter’s device, on its way to a server or on the server of the election authority. Hostile foreign countries or other organized groups could surreptitiously change votes before they’re counted. The threat from malicious foreign actors was recently highlighted in the Russian hack of U.S. government and corporate systems in the widespread SolarWinds attack. Most election security experts prefer paper ballots or ballot-marking devices that have a paper trail, which allow state and local election officials to back up their results. Some online voting methods allow both the voter and the election official to print out a receipt that shows the vote was transferred. But that’s not good enough for security experts, who point out that the vote could have been corrupted in transfer. “There’s not much that we can do to be able to detect that a problem has occurred,” said J. Alex Halderman, director of the Center for Computer Security and Society at the University of Michigan. He co-authored an analysis last year that found there is a “severe risk” to using Seattle-based voting technology company Democracy Live’s online voting platform.

Full Article: Despite Security Concerns Online Voting Advances | The Pew Charitable Trusts

National: Truth and consequences – Lawsuits arrive for networks and lawyers who backed Donald Trump | Steve Mazie/The Economist

During his first campaign for the American presidency in 2016, Donald Trump said he wanted to “open up our libel laws” to make suing news outlets easier. Those plans did not materialise. But in the aftermath of Mr Trump’s extraordinary challenges to his re-election loss and amid his second impeachment trial, defamation law is back in the headlines. Dominion Voting Systems and Smartmatic, both voting-technology companies, have sued or are gearing up to sue three right-wing cable news networks, some of their hosts and two of Mr Trump’s lawyers for claiming their devices were used to steal the election for Joe Biden. Such claims are a central element of the false voter-fraud theory that fuelled the storming of the Capitol on January 6th, resulting in the deaths of five people. Dominion has launched a pair of $1.3bn lawsuits against Rudy Giuliani and Sidney Powell, Mr Trump’s legal advisers—with more to come. On February 4th Smartmatic filed its own 276-page suit against Fox and three of its commentators (Maria Bartiromo, Lou Dobbs and Jeanine Pirro), as well as Mr Giuliani and Ms Powell, for $2.7bn. Whether potentially defamatory statements are written (“libel”) or spoken (“slander”), the aggrieved party has to clear a high bar in America, where the constitution’s First Amendment protects free speech and freedom of the press. In Britain defendants must usually show their utterances were true or amounted to fair comment. In America it is plaintiffs who have the burden of proof; they lose unless they can prove the defendant’s statements were false but presented as claims of fact. Establishing defamation also means showing the speaker was negligent and damaged the plaintiff’s reputation.

Full Article: Truth and consequences – Lawsuits arrive for networks and lawyers who backed Donald Trump | United States | The Economist

National: Falsehoods and death threats haunt local election workers weeks after Capitol siege | Fredreka Schouten and Kelly Mena/CNN

His staff endured racist taunts. His voicemail overflowed with threats and wild conspiracy theories. And then one day, a caller warned that the Christmas Day bombing in Nashville “was a practice run for what was coming to our polling places.” The abuse and threats hurled at Fulton County, Georgia, Elections Director Richard Barron and his staff in Atlanta between last year’s general election and the state’s high-stakes Senate runoffs on January 5 marked a new low in his 21-year career working on elections. “I used to have a sense of pride about this work,” Barron told CNN. “But I don’t think that I do anymore.” Around the country, election supervisors and the rank-and-file workers who helped carry out the nuts and bolts of American democracy still are reeling from the barrage of threats and the flood of falsehoods they had to navigate as they helped a record number of people cast ballots in a pandemic.

Full Article: Falsehoods and death threats haunt local election workers weeks after Capitol siege – CNNPolitics

National: Republican Efforts to Restrict Voting Risk Backfiring on Party | Ryan Teague Beckwith/Bloomberg

Republican lawmakers in battleground states are rushing to enact stricter voting laws that Democrats worry could dampen Black and Hispanic turnout, but the moves could end up backfiring because of the changing face of the GOP coalition. The flurry of legislation includes attempts to impose voter ID requirements and roll back pandemic-related expansion to mail-in access, steps that may inadvertently limit the participation of many of the older, rural and blue-collar voters that Republicans now depend on. State legislatures across the country are considering more than a hundred bills that would increase voter ID requirements, tighten no-excuse vote-by-mail, and ban ballot drop boxes, among other changes. That’s more than three times the number of bills to restrict voting that had been filed by this time last year, according to a report from the Brennan Center for Justice. This flood of legislation comes despite research showing that voter ID laws passed over the last decade not only don’t hamper minority turnout, but may even boost it by motivating angry Democrats and spurring stronger get-out-the-vote efforts.

Full Article: Republican Efforts to Restrict Voting Risk Backfiring on Party – Bloomberg

National: Election Tech Vendors File $5.3B in Defamation Lawsuits | Andrew Westrope/Government Technology

After years of preparation against election fraud and tampering, the Cybersecurity and Infrastructure Security Agency (CISA) in November called the 2020 election “the most secure in American history.” The U.S. Department of Justice found no evidence of widespread fraud that could have changed the outcome. Nationwide election officials, election security experts and computer scientists, some of whom had expressed concerns about vulnerabilities before, came to the same conclusion. The consensus was clear. Still, in the weeks and months following the election, former President Donald Trump and several high-profile figures who supported him repeated specific claims. Trump’s attorney Rudy Giuliani, Trump’s former attorney Sidney Powell, and several TV programs on Fox News, Newsmax and One America News Network (OANN) echoed Trump’s allegations that the election had been stolen. Specifically, they blamed a multi-state conspiracy involving Democrats, Republicans and “rigged” voting machines from two companies, Dominion Voting Systems and Smartmatic. Within weeks, half of Republican voters said they believed the election had been stolen, and some of them on social media called for Dominion and Smartmatic employees to be jailed or sent them death threats. Now those companies are suing for a collective $5.3 billion in damages, and some election security advocates don’t blame them.

Full Article: Election Tech Vendors File $5.3B in Defamation Lawsuits

National: A GOP donor gave $2.5 million for a voter fraud investigation. Now he wants his money back. | Shawn Boburg and Jon Swaine/The Washington Post

Like many Trump supporters, conservative donor Fred Eshelman awoke the day after the presidential election with the suspicion that something wasn’t right. His candidate’s apparent lead in key battleground states had evaporated overnight. The next day, the North Carolina financier and his advisers reached out to a small conservative nonprofit group in Texas that was seeking to expose voter fraud. After a 20-minute talk with the group’s president, their first-ever conversation, Eshelman was sold. “I’m in for 2,” he told the president of True the Vote, according to court documents and interviews with Eshelman and others. “$200,000?” one of his advisers on the call asked. “$2 million,” Eshelman responded. Over the next 12 days, Eshelman came to regret his donation and to doubt conspiracy theories of rampant illegal voting, according to court records and interviews. Now, he wants his money back.

Full Article: True The Vote lawsuit: How GOP donor Fred Eshelman came to want his money back – The Washington Post

National: ‘Reckless and stupid’: Security world feuds over how to ban wireless gear in voting machines | Eric Geller/Politico

A federal elections panel is set to adopt new voting equipment standards that fall short of a crucial demand of many security advocates — a ban on devices that contain hardware for connecting to wireless networks. Instead, manufacturers would have to demonstrate that any wireless gear in their voting machines and ballot scanners has been rendered unusable. The compromise language is dividing security professionals, with some warning it would create a dangerous loophole for voting machinery that already faces both real-world cyber risks and wildly false rumors that undermine trust in elections. Supporters call it a concession to marketplace realities, saying it’s increasingly hard for vendors to find equipment without networking hardware. But the proposal “profoundly weakens voting system security and will introduce very real opportunities to remotely attack election systems,” 22 security experts, activists and former election officials told the Election Assistance Commission in a Feb. 3 letter obtained by POLITICO. The experts included academics from Princeton, Johns Hopkins University and the University of California at Berkeley. “This decision is unconscionable, reckless and stupid,” said Susan Greenhalgh, the senior adviser on election security at the activist group Free Speech for People, who helped organize the letter. The commission is expected to approve the compromise measure this week as part of a massive and long-awaited update to federal voting equipment guidelines, the latest step in years of election security efforts by federal and state authorities. Its decision to reject a tougher wireless ban drew new attention in recent weeks after it quietly updated the draft standards with new language spelling out its compromise on the issue.

Full Article: ‘Reckless and stupid’: Security world feuds over how to ban wireless gear in voting machines – POLITICO

National: New cyber panel chair zeros in on election security, SolarWinds hack | Maggie Miller/TheHill

Rep. Yvette Clarke (D-N.Y.), the new chair of the House Homeland Security Committee’s cyber panel, said she plans to tackle a wide range of cybersecurity challenges, but with an early focus on bolstering election security and responding to a massive hack that has compromised much of the federal government. As one of the top cyber experts on Capitol Hill, Clarke’s committee will also have its plate full with figuring out how best to allocate resources to hospitals and schools increasingly targeted by hackers, and helping support the nation’s key cyber agency as it enters its third month without Senate-confirmed leadership. Clarke told The Hill in one of her first interviews as chair of the Subcommittee on Cybersecurity, Infrastructure Protection and Innovation that the goal is to chart a course that keeps previous mistakes in the past. “We have to learn from our adverse experiences, and from learning should come innovation, should come a deep desire to make sure that we don’t revisit these types of hardships ever again,” said Clarke, who succeeds Rep. Lauren Underwood (D-Ill.) atop the subcommittee. Clarke has served as both chair and ranking member of the panel in previous years. But this time around, she is taking the helm in the midst of an ongoing cybersecurity crisis stemming from the recently discovered Russian hack of IT group SolarWinds. The company counts much of the federal government as customers, with agencies including the Commerce, Defense, Energy, Homeland Security and Treasury departments compromised. 

Full Article: New cyber panel chair zeros in on election security, SolarWinds hack | TheHill

National: New voting machine security standards are already drawing controversy | Tonya Riley/The Washington Post

The Election Assistance Commission, an independent government body that issues voluntary voting guidelines to states and voting machine vendors, unanimously passed a new set of recommendations for voting machines.  Voluntary Voting System Guidelines 2.0 is the first major change to the commission’s recommendations since they were first established in 2005 and comes after a hotly contested 2020 presidential election in which former president Donald Trump and his allies lodged baseless allegations of fraud at state officials and voting machine companies. “Adopting VVSG 2.0 is the most important action the EAC has taken in 15 years”  EAC Commissioner Ben Hovland said at the vote yesterday. But the new standards are already drawing scrutiny from lawmakers and voting security advocates. They worry they leave loopholes allowing voting machine companies to skirt best practices and leave machines vulnerable to interference. They were approved as some of the nation’s most prominent voting machine companies are suing Fox News and top lawyers for Trump because of their unfounded fraud claims related to their machines. In a letter led by Rep. Bill Foster (D-Ill.), more than 20 members of Congress are asking the EAC to reconsider its recommendations. The letter expresses concerns about how the guidelines frame the use of machines with parts that can connect to the Internet. “This is extremely troubling, as computer security and networking experts have warned that merely disabling networking capability is not enough,” they wrote. “Benign misconfigurations that could enable connectivity are commonplace and malicious software can be directed to enable connectivity silently and undetectable, allowing hackers access to the voting system software.”

Full Article: The Cybersecurity 202: New voting machine security standards are already drawing controversy – The Washington Post