National

When all the votes are counted this year, Americans should have far more confidence their votes were tallied correctly than in 2016. After that contest was upended by Russian interference, states vastly increased the number of votes that are cast with paper records that can be audited later. More than 90 percent of votes will have a paper record this year compared with about 80 percent in 2016. States have also significantly improved how often and how scrupulously they perform post-election audits. The changes have been especially significant in some of the states still counting ballots and where the Trump campaign has already launched legal challenges. Georgia and Pennsylvania have both shifted from having paper records for few or none of their voters in 2016 to having paper records for all votes cast in their states — a protection security experts say is a bare minimum to ensure votes weren’t altered by hackers or miscounted because of a technology failure. Michigan, Pennsylvania, Georgia and Nevada also probably are performing more rigorous audits of their results this year, though officials haven’t finalized plans in all cases. Edison Research has projected that Biden will win Michigan and Wisconsin. Trump is leading in Pennsylvania, Georgia and North Carolina and Biden is leading in Nevada and Arizona, with many votes still to be counted. … “The country is making distinct progress toward an election system in which every voter is able to verify that their ballot is marked correctly and election officials are able to verify that ballots are counted correctly,” Mark Lindeman, interim co-director of Verified Voting, told me. He added that “2020 is by no means the promised land, but we’re certainly much closer.”

Full Article: The Cybersecurity 202: More states now have paper trails to verify votes were correctly counted – The Washington Post

Fears Rise for Safety of Election Workers in Battleground States | Jeff Seldin/VoA News

Source: Fears Rise for Safety of Election Workers in Battleground States | Voice of America – English

Tensions over the still undecided U.S. presidential election are prompting some state and local officials to increase security for those charged with counting the remaining votes. Supporters of Republican President Donald Trump and Democratic challenger Joe Biden have increasingly focused their attention on states like Arizona, Nevada and Pennsylvania, where slim margins have made calling the race nearly impossible. And the tensions have grown as allegations of irregularities in the vote-counting process have sparked protests outside buildings where the tally is going on. “I am concerned for the safety of my staff,” said Joe Gloria, registrar of voters in Clark County, Nevada, on November 5, after about 75 people, some wearing Trump T-shirts, chanted “Stop the Steal” and protested outside the county’s election center the night before.

National: Pro-Trump threats, protests rattle elections officials in several states | Norman Merchant and Tim Sullivan/Associated Press

Election officials in several states said Thursday they are worried about the safety of their staffs amid a stream of threats and gatherings of angry protesters outside their doors, drawn by President Donald Trump’s baseless claims of widespread fraud in the race for the White House. “I can tell you that my wife and my mother are very concerned for me,” said Joe Gloria, the registrar in Clark County, Nevada, which includes Las Vegas. He said his staff was bolstering security and tracking vehicles coming and going from the election offices. But he added that he and others would not be stopped from “doing what our duty is and counting ballots.” Groups of Trump supporters have gathered at vote tabulation sites in Phoenix, Detroit and Philadelphia, decrying counts that showed Democrat Joe Biden leading or gaining ground. While the protests have not been violent or very large, local officials were distressed by the crowds and concerned about the relentless accusations. Michigan Attorney General Dana Nessel tweeted a plea to “stop making harassing & threatening calls” to her staff.

Full Article: Election officials worried by threats and protesters

National: Judges in two states reject Trump campaign lawsuits as the president continues to press unsubstantiated claims of fraud | Amy Gardner, Jon Swaine, Michelle Ye Hee Lee and Emma Brown/The Washington Post

President Trump and his allies pressed their claims Thursday that election officials have allowed ballot fraud to infect the counting process in the battleground states poised to decide the presidency, but they offered no evidence of irregularities and met with two immediate defeats in court. In Georgia, a local judge in Chatham County, home of Savannah, denied the Trump campaign’s effort to disqualify about 50 ballots that a Republican poll watcher claimed may have arrived after the 7 p.m. deadline on Election Day. In court, the poll watcher offered no evidence that the ballots had arrived late, and county election officials testified that they had arrived on time. And in Michigan, a Court of Claims judge said she would deny the campaign’s request for an emergency halt to the counting of votes in the state. She noted that the request made little sense, given that the counting has essentially been finished in the state, with former vice president Joe Biden ahead by about 150,000 votes. He has been declared the winner of the state by national news organizations. Michigan Attorney General Dana Nessel’s office described Trump’s request as an “attempt to unring a bell.” Meanwhile, the Trump campaign announced its intent to file a lawsuit in another state where counting is continuing apace: Nevada. At a chaotic news conference in Las Vegas, campaign officials said that they plan to file a suit in federal court to stop the counting of what they called “improper votes.”

Full Article: Judges in two states reject Trump campaign lawsuits as the president continues to press unsubstantiated claims of fraud – The Washington Post

National: Officials on alert for potential cyber threats after a quiet Election Day | Maggie Miller/The Hill

Election officials are cautiously declaring victory after no reports of major cyber incidents on Election Day. “After millions of Americans voted, we have no evidence any foreign adversary was capable of preventing Americans from voting or changing vote tallies,” Christopher Krebs, the director of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), said in a statement Wednesday. But the long shadow of 2016, when the U.S. fell victim to extensive Russian interference, has those same officials on guard for potential attacks as key battleground states tally up remaining ballots. Agencies that have worked to bolster election security over the past years are still on high alert during the vote-counting process, noting that the election is not over even if ballots have already been cast. “I think while it’s fantastic that yesterday was quiet, that tells you that the work is paying off. But we know the nature of the threats in the cybersecurity landscape don’t go away, and you don’t get to say, ‘Oh, we’re good.’ You see the commitment and the effort and that has to continue,” Election Assistance Commission Chairman Benjamin Hovland, who was nominated by President Trump, told The Hill on Wednesday.

Full Article: Officials on alert for potential cyber threats after a quiet Election Day | TheHill

National: Trump, in White House address, continues to level unfounded charges of election fraud | Matthew Choi/Politico

President Donald Trump on Thursday evening listed a string of unfounded conspiracy theories to accuse state election officials of plotting to steal the election from him. Taking the White House lectern for his first public address since election night, Trump offered no evidence for his assertions that officials are rigging the tallies or for his characterization of mail-in ballots as somehow illegitimate. The address came as his Democratic opponent, former Vice President Joe Biden, expands his lead to secure the presidency and as Trump’s path to a second term hinges on winning four key states. Those states have yet to finish counting their ballots amid an unprecedented number of mail-in voting because of the coronavirus pandemic. “If you count the legal votes, I easily win,” Trump said. “If you count the illegal votes, they can try to steal the election from us. If you count the votes that came in late — we‘re looking at them very strongly, but a lot of votes came in late.” State elections officials have resoundingly denied they are counting “illegal votes“ and have assured voters that this year’s election was hardly the chaos many feared due to Covid-19. Despite the occasional technical glitch and extended polling-site hours, there were no reports of major issues or interference. Though counting is taking longer this year, there is no support for the position that mailed-in ballots were part of a mass fraud.

Full Article: Trump, in White House address, continues to level unfounded charges of election fraud – POLITICO

National: Whether the GOP Can Stop Voters From Legally Fixing Rejected Mail-In Ballots Could Decide the Election | ProPublica

Victoria Benedict, a stationery store owner in Atlanta who has been voting by mail for years, was surprised last month when she went to the Georgia secretary of state’s website and found her ballot had been rejected. A problem with her signature — the state said the one on her ballot did not match what it had on file — set her on a dayslong quest to make sure her vote would be counted. County staff told her that she would either have to show up at the local election office to sign her ballot or vote in person on Election Day. Either option would risk her health during a pandemic. Instead, on the advice of a friend who volunteers with the state’s Democratic Party, she filled out a form known as a ballot cure affidavit. This time, her vote was accepted. “I knew to press,” Benedict said. “It just worries me that other voters who didn’t may fall through the cracks.” The blue wave widely predicted by pollsters never came Tuesday. Now, the unexpectedly thin margins in key states, combined with the vast increase in voting by mail, are highlighting the esoteric process of “curing” ballots, in which people whose mailed ballots are rejected because of signature or other problems are given a second chance. Since mailed ballots in most states tilt Democratic, curing them so that they can be counted is believed to help former Vice President Joe Biden. “The cure process is going to be really important for a lot of close states,” said Amber McReynolds, CEO of the voting advocacy group Vote At Home, which tracks rejection rates and suggests best practices for states to cure rejected ballots.

Full Article: Whether the GOP Can Stop Voters From Legally Fixing Rejected Mail-In Ballots Could Decide the Election — ProPublica

National: How Trump loyalists are driving his campaign’s legal efforts to challenge ballots | Rosalind S. Helderman, Josh Dawsey and Elise Viebeck/The Washington Post

In 2000, when George W. Bush and Vice President Al Gore were deadlocked in the Florida vote for president, a high-powered team of legal experts flocked south to lead Bush’s ultimately successful strategy to prevail in a recount, guided by the Republican Party’s premier strategist of the time, former secretary of state James Baker. This year, as President Trump’s campaign mounts a multistate effort to challenge the counting of ballots around the country, many of the GOP’s preeminent election-law litigators remain on the sidelines. Instead, the legal team driving the efforts under the leadership of deputy campaign manager Justin Clark includes longtime Trump loyalists and the president’s personal attorneys. Among them: Jay Sekulow, the conservative lawyer who defended the president during the special counsel probe and the impeachment process, and William Consovoy, an experienced Supreme Court litigator who has led the efforts in New York courts to withhold the president’s tax returns from investigators. In public, the legal maneuvers are being touted by some of the president’s most combative and unpredictable allies, including former New York mayor Rudolph W. Giuliani, former campaign manager Corey Lewandowski and Richard Grenell, Trump’s former acting director of national intelligence, as well as by Trump’s son Eric, an executive at his father’s development company, and former Florida attorney general Pam Bondi.

Full Article: How Trump loyalists are driving his campaign’s legal efforts to challenge ballots – The Washington Post

National: The Disinformation Is Coming From Inside the White House | Matthew Rosenberg, Jim Rutenberg and Nick Corasaniti/The New York Times

A disinformation push to subvert the election is well underway, and it is coming straight from President Trump and his allies. The goal: to somehow stop a victory by former Vice President Joseph R. Biden Jr., or, failing that, undermine his legitimacy before he can take office. Mr. Trump’s false declaration of victory in the small hours of Wednesday morning quickly united hyperpartisan conservative activists and the standard-bearers of the right-wing media, such as Breitbart, with internet trolls and QAnon supporters behind a singular viral message: #StopTheSteal. But its impact has become apparent far beyond the internet, with the theme dominating conservative talk radio and the prime-time lineup on Fox News. There, Trump-aligned hosts pressed the false notion that the vote counting in the crucial, still-undecided states was illegitimate — the sort of message that was drawing flags on Twitter and Facebook but flourishing elsewhere. “How big of a mistake is it for the Democrats to have kind of a burn-it-all-down approach,” Laura Ingraham asked on her program Wednesday night, “to destroy the integrity of our election process with this mail-in, day-of-registration efforts, counting after the election’s over — dumping batches of votes a day, two days, maybe even three days after the election?” The messaging was far blunter from the president himself, who used a Thursday evening briefing at the White House to reel off a series of baseless attacks on an election system he described as “rigged” by Democrats trying to “steal an election.” It was the continuation of a diatribe he had started earlier in the day with a tweet reading “STOP THE FRAUD!” that Twitter quickly flagged as containing information that “might be misleading.”

Full Article: The Disinformation Is Coming From Inside the White House – The New York Times

National: Trump stages corrosive attempt to undermine the US election as his path to 270 evaporates | Kevin Liptak and Kaitlan Collins/CNN

President Donald Trump staged a corrosive and potentially dangerous attempt at undermining the US election on Thursday, baselessly claiming the presidency was being stolen from underneath him as vote counts showed his path to victory disappearing. Standing at the White House podium, the President repeated false claims that a count of legally cast ballots would show him winning against former Vice President Joe Biden. He complained that in certain states where he had been leading on election night, tallies have been “whittled down” or have shown his rival leading. Using the briefing room to espouse baseless claims he is being deprived a second term by fraud, Trump thrust into question the democratic notion of a peaceful transition of power should Biden win. Instead he suggested he would fight in the courts until the election is decided in his favor. “This is a case where they’re trying to steal an election, they’re trying to rig an election, and we can’t let that happen,” Trump said in a dour monotone, providing no evidence and departing the room without answering for his false claims. The spectacle, though foreshadowed by the President for months, was nevertheless a sign of Trump’s unwillingness to cede the White House without a prolonged battle. Even as he complained that his own race had been rigged, Trump used the occasion to trumpet down-ballot wins by Republicans without explaining why those races wouldn’t be similarly afflicted by his claims of fraud.

Full Article: Trump stages corrosive attempt to undermine the US election as his path to 270 evaporates – CNNPolitics

Michigan: There’s a Simple Reason Workers Covered Windows at a Detroit Vote-Counting Site | Davey Alba/The New York Times

Protesters who stormed a vote-counting site in Detroit on Wednesday, banging on windows and shouting “Stop the count!” appear to have had one thing in common: They organized themselves online. A New York Times analysis found 32 public and private Facebook groups with a total of 301,000 followers organized an “urgent call to action in Detroit,” asking Republican poll challengers to watch the vote counting at the downtown site, TCF Center. The call was also shared on less popular social networks like Parler and the pro-Trump website TheDonald.win. The earliest call for additional Republican poll challengers was posted to Facebook at 7:27 a.m., according to The Times’s analysis. “Come to TCF Center,” read the post in a group called Michigan for Donald Trump. “Help needed to protect our lead. Tell others.” By around 3 p.m., there were dozens of calls posted on Facebook, and people responded by showing up; over 100 people were at the vote-counting site by then. NBC News earlier reported on a private Facebook group, Stand Up Michigan to Unlock Michigan, that was part of the calls; Facebook removed the group shortly after. Facebook did not immediately respond to a request for comment.

Full Article: Here’s Why Michigan Officials Covered Vote-Counting Center Windows – The New York Times

Trump’s baseless claims of election fraud undermine US credibility overseas | James Griffiths/CNN

In the early hours of Wednesday morning, the United States Embassy to Ivory Coast issued a statement calling on leaders in the West African nation to “show commitment to the democratic process and the rule of law.” It was the kind of boilerplate proclamation that US diplomats issue all the time regarding elections around the world, particularly those parts of it where democracy is not completely secure. But it was undermined somewhat by comments from the US President just hours earlier. In a news conference a few hours after midnight at the White House, Donald Trump had railed against his rival, Joe Biden, saying that “all voting must stop” and baselessly accusing the Democrats of fraud. He continued to hit these points on Twitter, leading the social media platform to label several of his posts as “disputed” or “misleading.” Chaotic debates and a ugly campaign had already marred the standing of the US democratic system overseas this year, but the sight of the American leader openly seeking to delegitimize the vote was still a shock for many. Trump’s comments were greeted with horror in many countries, and some glee in others, where critics of the US have long accused Washington of hypocrisy regarding democratic rights. Speaking Wednesday, German Defense Minister Annegret Kramp-Karrenbauer said the US faced a “very explosive situation” and a possible crisis, telling public broadcaster ZDF that “this election has not been decided … votes are still being counted (but) the battle over the legitimacy of the result, however it turns out, has begun.”

Full Article: US election: President Trump’s baseless claims of election fraud undermine US credibility overseas – CNN

National: Ongoing ballot counts put focus on USA’s disjointed voting system | Pat Beall USA Today

Heading into Wednesday’s marathon absentee ballot count, one of every 10 Wisconsin and North Carolina jurisdictions were scanning absentee ballots on equipment so old it is no longer manufactured. And Georgia was tabulating ballots on a new system marred when electronic poll books failed to check in voters in some counties. America’s aging election equipment didn’t appear to be a major, nationwide factor at the polls Tuesday. Nor did brand-new replacement equipment, which states like Georgia rolled out in a historic presidential contest. “For a system like a roller coaster built on wood with the expectation of high-speed cars driving on it, things went pretty good,” said Gregory Miller, co-founder and chief operating officer of the OSET Institute, an election technology research nonprofit. “Nobody got ejected.” Yet because there’s no way to publicly document election system problems nationwide, no one really knows how widespread election day machine failures were, or whether small stumbles were part of a bigger pattern. Issues at one or two precincts can be shrugged off as glitches even as similar problems might occur in other counties. Election officials – and voters – can be left in the dark.

Full Article: Ongoing ballot counts put focus on USA’s disjointed voting system

National: With His Path to Re-election Narrowing, Trump Turns to the Courts | Jim Rutenberg and Nick Corasaniti/The New York Times

With his political path narrowing, President Trump turned to the courts and procedural maneuvers on Wednesday in a last-ditch effort to stave off defeat in the handful of states that will decide the outcome of the bitterly fought election. The president’s campaign intervened at the Supreme Court in a case challenging Pennsylvania’s plan to count ballots received for up to three days after Election Day. The campaign said it would also file suit in Michigan to halt the counting there while it pursues its demands for better access for the observers it sent to monitor elections boards for signs of malfeasance in tallying ballots, modeled on a similar suit it was pursuing in Nevada. On Wednesday evening, Mr. Trump’s team added Georgia to its list of legal targets, seeking a court order enforcing strict deadlines in Chatham County in the wake of allegations by a Republican poll observer that a small number of ineligible ballots might be counted in one location. In Wisconsin, which along with Michigan was called on Wednesday for his Democratic opponent, Joseph R. Biden Jr., the president’s campaign announced it would request a recount. The moves signaled Mr. Trump’s determination to make good on his longstanding threats to carry out an aggressive post-Election Day campaign to upend any result not in his favor and pursue his baseless allegations that the outcome was rigged. But it was not clear how much effect any of his efforts would have. In Georgia, the suit is about 53 ballots, and another case in Pennsylvania is about fewer than 100.

Full Article: With His Path to Re-election Narrowing, Trump Turns to the Courts – The New York Times

National: USPS ballot problems unlikely to change election outcomes in contested states – Jacob Bogage and Christopher Ingraham/The Washington Post

The 300,000 ballots the U.S. Postal Service reported as untraceable are unlikely to affect the outcome of the presidential race in key swing states — even in a worst-case scenario where all are lost — according to a Washington Post analysis. On Tuesday, the U.S. Postal Service notified a federal judge in the District of Columbia that the affected ballots had been scanned in at processing plants across the country but had never received exit scans signifying they’d been delivered to vote counters. The tracking issues raised alarms for voters in the 28 states that will not accept votes that arrive after Election Day and drew the ire of U.S. District Judge Emmet G. Sullivan, who ordered the agency to conduct ballot sweeps at a dozen processing plants by early Tuesday afternoon. But the Postal Service ignored Sullivan’s deadline, saying it would stick to its own inspection timetable, which voting rights advocates worried was too late in the day for any found ballots to make it to election officials. Meanwhile, nearly 7 percent of the ballots in Postal Service sorting facilities on Tuesday were not processed on time for submission to election officials, according to data the agency filed Wednesday in federal court, missing by a significant margin the 97 percent success rate postal and voting experts say the mail service should achieve.

Full Article: USPS ballot problems unlikely to change election outcomes in contested states – The Washington Post

National: European election observers decry Trump’s ‘baseless allegations’ of voter fraud | Carol Morello/The Washington Post

A group of international election observers on Wednesday praised the U.S. vote as orderly but condemned President Trump’s “baseless allegations” of fraudulent ballot counts and his suggestion that the tally be stopped midstream, saying he had undermined public confidence in democratic institutions. “Nobody — no politician, no elected official, nobody — should limit the people’s right to vote,” said Michael Georg Link, a member of the German parliament who led the lawmakers sent by the Organization for Security and Cooperation in Europe to observe a U.S. election for the ninth time. “Coming after such a highly dynamic campaign, making sure that every vote is counted is a fundamental obligation of all branches of government. Baseless allegations of systematic deficiencies, notably by the incumbent president, including on election night, harm public trust in democratic institutions.” At the invitation of the State Department, the OSCE sent 100 observers to more than 30 states to watch the vote. The preliminary findings they released Wednesday will be followed by a more comprehensive report early next year from the election monitoring branch of the OSCE.

Full Article: European election observers decry Trump’s ‘baseless allegations’ of voter fraud – The Washington Post

National: ‘No bar’ to what election officials shared on Election Day, DHS says | Benjamin Freed/CyberScoop

As voting culminated Tuesday and vote-counting continued into Wednesday, Department of Homeland Security officials said that a virtual “situational awareness room” where federal, state and local officials shared intelligence about cyber activity and other potential disruptions with each other was largely successful as an information-sharing space on Election Day. Over the course of Tuesday, the room — operated by the federally funded Election Infrastructure Information Sharing and Analysis Center — saw participation from about 500 election and voter-protection officials, IT staff, vendors and representatives from social media companies and political parties. And while DHS officials repeatedly described the cyber activity observed on Election Day as “another Tuesday on the internet,” there was a flutter of activity inside the virtual war room. “The engagement was great,” a senior official with the Cybersecurity and Infrastructure Security Agency said about 11:30 p.m. Tuesday night. “A lot of sharing around scanning, sharing of IPs, sharing of emails. That’s what we wanted. There’s no bar to what we share.”

Full Article: ‘No bar’ to what election officials shared on Election Day, DHS says

National: Military absentee ballots surging, swing states pledge to count them | Tara Copp/McClatchy

Thousands of military ballots were still arriving in the swing states of Pennsylvania and North Carolina, which are critical to the outcome of the presidential election and will be counted well into next week, election officials said Wednesday. In Pennsylvania, Secretary of State Kathy Boockvar told reporters Wednesday that the state would continue to accept military absentee ballots through Nov. 10. “We want to remind everyone, military and overseas ballots are not due until a week after Election Day,” Boockvar said. “We want to make sure that not only every civilian absentee mail-in valid voter is counted, but also that every man and woman, who are serving our country, that their votes are counted.” In Pennsylvania, almost 8,400 military absentee ballots were returned and counted in the 2016 presidential election. That number is likely to surge. Not only did thousands more Pennsylvania voters – both military and civilian – request absentee ballots in 2020 compared to 2016, but the numbers of ballots returned has already surpassed the 2016 turnout.

Full Article: Military absentee ballots surging, swing states pledge to count them | McClatchy Washington Bureau

National: Forget Hanging Chads. Copyright Laws Could be the Next Electoral Quagmire. | Isabella Farr and Olivia Reingold/Politico

If you used a mail-in ballot in Fulton County, Georgia this year, you may have noticed peculiar language at the top of the ballot: “Copyright © 2020 Dominion Voting Inc.” Dominion Voting is a private company that sells election technology. And this ballot design — which was created by Dominion and counted using the company’s proprietary equipment — is technically its intellectual property.Unusual as it may seem, this isn’t uncommon: Most voting technology used throughout the U.S. is covered by intellectual property law. That means the touch-screen you might have tapped on to vote could be patented. The software used to process your vote could be copyrighted. Before you even got to the voting booth, your ballot was likely designed on copyrighted software. And all of it could cause a nightmare after Nov. 3, according to election-security experts. “We’re going to wind up with a thousand court cases that cannot just be resolved by just going into the software and checking to see what happened, because it’s proprietary,” said Ben Ptashnik, the co-founder of the National Election Defense Coalition, a bipartisan advocacy group that pushes Congress to reform election security.

Full Article: Forget Hanging Chads. Copyright Laws Could be the Next Electoral Quagmire. – POLITICO

National: Two decades after the ‘Brooks Brothers riot’, experts fear graver election threats | Adam Gabbatt/The Guardian

In late November 2000, hundreds of mostly middle-aged male protesters, dressed in off-the-peg suits and cautious ties, descended on the Miami-Dade polling headquarters in Florida. Shouting, jostling, and punching, they demanded that a recount of ballots for the presidential election be stopped. The protesters, many of whom were paid Republican operatives, succeeded. A recount of ballots in Florida was abandoned. What became known as the Brooks Brothers riot went down in infamy, and George W Bush became president after a supreme court decision. In 2020, fears are growing that the US could see an unwanted sequel to the Brooks Brothers debacle – but with more violent participants. After a year in which armed Donald Trump supporters have besieged state houses across the country and shot and killed Black Lives Matter protesters – and in which Trump has said he will only lose if the election is rigged – a 2020 reboot of the Brooks Brothers stunt could be dangerous. “Everything is far more amplified or exaggerated than it was 20 years ago,” said Joe Lowndes, professor of political science at the University of Oregon and co-author of Producers, Parasites, Patriots, a book about the changing role of race in rightwing politics. “In terms of party polarizations, in terms of the Republican shift to the far right and in terms of the Republican party’s open relationship with and courting of far-right groups. This puts us on entirely different grounds.”

Full Article: Two decades after the ‘Brooks Brothers riot’, experts fear graver election threats | US elections 2020 | The Guardian

Editorial: Trump wants the courts to stop the counting. He’s going to be disappointed. | Edward B. Foley/The Washington Post

President Trump can rail as much as he likes, but he can’t stop the counting of valid votes. And while he is threatening to race to the Supreme Court to overturn any result against him, that, too, is likely to be a losing play — even with the bolstered conservative majority. In his remarks early Wednesday morning, Trump seemed to suggest that the court might halt the counting of all ballots that remain untallied. That is sheer nonsense. The vast majority of uncounted ballots suffer from no legal infirmity whatsoever. Many arrived at their local election offices weeks ago, piling up waiting to be counted because of misguided state laws that did not permit the process to start until Election Day or, in the case of Michigan, the day before. The fact that local officials could not make it through the unprecedently large pile in a single day is no basis for discarding those ballots — or for disenfranchising the eligible voters who properly cast them. There is not one iota of possibility that the U.S. Supreme Court, or any court, would disqualify those ballots. These ballots are not the hanging chads of Bush v. Gore. That case involved something genuinely susceptible to judicial determination: whether it was a violation of the equal protection clause of the Constitution for identically cast Florida ballots to be treated differently in a statewide recount depending on whether they were in Miami or Palm Beach. That’s not the situation now. The remaining uncalled states, where not even unofficial winners have been projected by the media, are not yet in a recount situation. Vast numbers of ballots have not yet been counted for the first time. Until that happens, it’s premature to imagine that this election, as in 2000, might be decided in court.

Full Article: Opinion | Trump wants the courts to stop the counting. He’s going to be disappointed. – The Washington Post

Voter Check-In Systems Slow Down Voting and Results Across U.S. | Kartikay Mehrotra and Margaret Newkirk/Bloomberg

The system voters use across the country to identify themselves at polling places may be yet another reason for delayed results on Election Day, after digital poll books failed at local voting jurisdictions in at least four states. Voters in parts of Georgia, Ohio and Texas all experienced various levels of system disruption with their ePollbooks provided by the vendor, KnowInk. In Nevada, voters in some Clark County precincts had to wait for their digital poll books to access their voter records before polls could open. DeKalb County in Georgia, population 760,000 and heavily Democratic, is allowing two polling places to stay open an additional 40 to 45 minutes because of “inability to operate the poll pads as designed, preventing voters from casting their ballots,” county Superior Court Judge Courtney L. Johnson told the Atlanta Journal-Constitution. Franklin County, Ohio ditched their ePollbooks for paper records at 5:30 a.m. after election officials couldn’t determine why they were malfunctioning, said Ed Leonard, director of the Franklin County Board of Elections, adding that the move to paper could slow tabulation of results in the Columbus region.

Full Article: Election News: Digital Poll Books Cause Voting and Results Delays in Some States – Bloomberg

As Counting Begins, a Flood of Mail Ballots Complicates Vote Tallies | Stephanie Saul and Danny Hakim/The New York Times

Voters returned nearly 64 million mail-in ballots before Election Day, a pandemic-driven record that is certain to make for a more complicated vote count this year but could also reshape American elections for years to come. Today, the counting begins. But there will be major differences among battleground states in how that plays out, and potential legal challenges — particularly from the Trump campaign — are likely to further complicate the process. Some battleground states, like North Carolina, have been processing ballots for weeks. Elections officials there expect at least 97 percent of votes to be counted on Tuesday night. But in one of the most hotly contested states, Pennsylvania, the Trump campaign and Republican allies blocked counties from processing votes ahead of the election. Mail-in balloting this year doubled from 2016, and for many voters, the shift has been a revelation.

Full Article: As Counting Begins, a Flood of Mail Ballots Complicates Vote Tallies – The New York Times

National: Election Day Issues Reported Across U.S. as Voters Find Broken Machines, Locked Doors, Absent Officials | Sophia Waterfield/CNN

Problems at polling stations such as technical issues with polling machines and absentee officials, including head precinct judges, are being reported across the U.S. on Election Day.Twitter user @PJeffC, who writes from the Bronx in New York, said that an election site didn’t have working scanners. “Disappointed with election site at CS 150 on Fox Street. After waiting in line since 5:30 AM and filling out ballots after they opened up tardy, we were informed that the scanners were not working. Very disorganized.” In Florida, News8 reporter Josh Navarro reports that a polling location in Grace Church in Rochester was having technical issues with voting machines. “An elections inspector on scene told me off-camera it has been two hours they are trying to troubleshoot it. No ETA when it’ll be back online.” In Buffalo, Erie County, New York, long lines were reported by news anchor Dave Greber. He said: “There was a power cord issues here when the polls opened at 6 am. The issue has been resolved, and all 314 precincts in @ErieCountyNY are open and operating.”

Full Article: Election Day Issues Reported Across U.S. as Voters Find Broken Machines, Locked Doors, Absent Officials

National: Crush of mail-in ballots slows count in key states: Pennsylvania, Georgia, Michigan and Wisconsin still counting | Jeremy Herb and Fredreka Schouten/CNN

Four key battleground states — Pennsylvania, Wisconsin, Michigan and Georgia — began Wednesday with tens of thousands of absentee ballots uncounted, leaving the White House race between President Donald Trump and former Vice President Joe Biden up in the air. Election officials in some states called it a night and planned to resume the count in the morning, while some counties in Pennsylvania weren’t even to start tabulating their mail-in votes until later Wednesday morning. The mail-in ballots, which smashed records this year as a result of the Covid-19 pandemic, are expected to favor Biden, whose campaign encouraged Democrats to vote early, while in-person votes on Election Day may have given Trump an advantage. Trump and his allies have repeatedly called for results to be tallied quickly so that a winner could be declared on election night, though officials technically have days or weeks to complete official counts before state totals are certified. But in three key states — Michigan, Pennsylvania and Wisconsin — election officials were not allowed to begin processing absentee ballots until on or just before Election Day, after Republican-led state legislatures successfully opposed changing laws to allow earlier preparations like other states.

Full Article: Mail-in ballots: Pennsylvania, Georgia, Michigan and Wisconsin still counting – CNNPolitics

National: Voters battle lines, malfunctioning machines, misinformation at some polling sites | Erik Ortiz and Caroline Radnofsky/NBC

Long lines dominated polling sites across the country on Election Day, as some voters saw hiccups with election machines and infrastructure Tuesday morning, but no major reports of widespread problems for what is expected to be an historic turnout. Particular attention is being given to key battleground states, such as Georgia, Ohio, and Pennsylvania, where President Donald Trump and Democratic nominee Joe Biden are vying for votes in what is largely viewed as one of the most bitterly divisive presidential elections in recent memory and coming amid a backdrop of a raging pandemic that has killed more than 232,000 in the United States. “Thought we would be smart getting here early,” Becca McCormick, 35, said in a video as she waited on a line 100 people deep just before 7 a.m. in Roxborough, a Philadelphia neighborhood. “But turns out so did everyone else.” In the swing state of North Carolina, several polling places were reporting technical issues when polls opened at 6:30 a.m., including a site in the capital city of Raleigh. Voters in Franklin County, Ohio, and Spalding County, Georgia, were instructed to use paper ballots after technical glitches with machines. The issues in Spalding County were resolved later in the morning.

Full Article: Voters battle lines, malfunctioning machines, misinformation at some polling sites

National: Election Day voting sees some lines, scattered glitches and ample anxiety across the nation | Amy Gardner, Elise Viebeck and Michelle Ye Hee Lee/The Washington Post

Americans jittery about the integrity of U.S. elections and the risk of coronavirus infection contended with scattered equipment outages and sporadic crowds as they lined up for the election season’s final day of voting Tuesday. But as the polls began closing across the country, a portrait emerged of a far smoother Election Day than the nation had braced for amid a pandemic that upended how Americans cast ballots and a bitter presidential race that played out against a backdrop of social unrest and racial divisions. Nearly 102 million people had cast ballots in person or by mail before voting began on Election Day, a stunning figure that put the country on a path to the highest voter turnout in more than a century. On Tuesday, voting was largely brisk and steady, with election administrators and voters alike marveling at the relative ease with which the day unfolded after a spring and summer of chaotic primaries, Postal Service delays and multiple legal battles between Republicans and Democrats over how the election should be run.

Full Article: Election Day voting sees some lines, scattered glitches and ample anxiety across the nation – The Washington Post

National: An Expert on Voting Machines Explains How They Work | Sophie Bushwick/Scientific American

Serious political tensions and fears of COVID-19 have led record-breaking numbers of Americans to vote early this year, either by mail or in person. Now the process of counting these votes—whether in states that did so on a rolling basis as they came in or those that waited until Election Day—relies on machines that vary a great deal from state to state and even from county to county. Although the technology used in voting continues to evolve, it remains vulnerable to both malicious and unintentional errors. To protect the systems against both, explains Douglas W. Jones, a computer scientist at the University of Iowa and co-author of the book Broken Ballots, election officials need to be able to check and double-check the election’s results. “There’s a nice dictum that that [computer scientist and electronic-voting-security researcher] David Dill came up with at Stanford University: if we do it right, the Devil himself could build the voting machines, and we could hold an honest election,” Jones says. “And doing it right means having genuinely auditable technology—with ballots where the average voter knows that the marks they made on their ballot express their real intent.” Scientific American spoke with Jones about how voting machines work, their vulnerabilities, and what to expect on and after Election Day.

Full Article: An Expert on Voting Machines Explains How They Work – Scientific American

USPS disregards court order to conduct ballot sweeps in 12 postal districts after more than 300,000 ballots cannot be traced | acob Bogage and Christopher Ingraham/The Washington Post

Source: Judge orders USPS to conduct ballot sweep in 12 districts covering 15 states – The Washington Post

The U.S. Postal Service turned down a federal judge’s order late Tuesday afternoon to sweep mail processing facilities serving 15 states, saying instead it would stick to its own inspection schedule. The judge’s order came after the agency disclosed that more than 300,000 ballots nationwide could not be traced. U.S. District Judge Emmet G. Sullivan of the District of Columbia had given the mail agency until 3:30 p.m. to conduct the “all clear” checks to ensure there would be enough time to get any found ballots to election officials before polls closed. His order affected 12 postal districts spanning 15 states. But in a filing sent to the court just before 5 p.m., Justice Department attorneys representing the Postal Service said the agency would not abide by the order to better accommodate inspector’s schedules. “This daily review process, however, occurs at different times every day,” DOJ attorney John Robinson wrote. “Specifically, on Election Night, it is scheduled to occur from 4 p.m. to 8 p.m., a time period developed by Postal Service Management and the Postal Inspection Service in order to ensure that Inspectors are on site to ensure compliance at the critical period before the polls close. Given the time constraints set by this Court’s order, and the fact that Postal Inspectors operate on a nationwide basis, Defendants were unable to accelerate the daily review process to run from 12:30pm to 3:00pm without significantly disrupting preexisting activities on the day of the Election, something which Defendants did not understand the Court to invite or require.

National: Russian internet trolls are amplifying election fraud claims, researchers say | heera Frenkel/The New York Times