National

Ex-Trump attorney Sidney Powell's weekslong campaign to invalidate the results of the 2020 election was not based in fact, her lawyers said Monday. “No reasonable person would conclude that the statements were truly statements of fact,” Powell's attorneys said in a court filing defending her against a billion-dollar defamation lawsuit from Dominion Voting Systems, the manufacturer of the election equipment she claimed was involved in the conspiracy to steal the election. Powell, who for a time was part of former President Donald Trump's legal team fighting the election results, repeatedly and baselessly claimed that votes were illegally switched on Dominion voting machines. Election experts and officials, as well as top law enforcement officials, have said the 2020 election results were accurate and there is no evidence of widespread voter fraud in the U.S. The filing Monday in the U.S. District Court for the District of Columbia claims Powell's statements were so absurd they couldn’t be taken seriously. “Plaintiffs themselves characterize the statements at issue as 'wild accusations' and 'outlandish claims,'" her lawyers wrote. "They are repeatedly labeled 'inherently improbable' and even 'impossible.' Such characterizations of the allegedly defamatory statements further support defendant’s position that reasonable people would not accept such statements as fact but view them only as claims that await testing by the courts through the adversary process."

Full Article: Sidney Powell's legal defense: 'Reasonable people' wouldn't believe her election fraud claims

National: US intelligence report says election fraud claims ‘will almost certainly’ spur more violence by domestic extremists | Zachary Cohen and Geneva Sands/CNN

US intelligence agencies believe that "narratives of fraud in the recent general election" and "the emboldening impact of the violent breach of the US Capitol" will "almost certainly" spur domestic extremists to try to engage in additional acts of violence this year, according to the unclassified summary of a new joint assessment released Wednesday. That warning was included in a comprehensive classified assessment of domestic violent extremism produced by the Office of the Director of National Intelligence, the Department of Homeland Security and the Department of Justice, which was ordered by the White House in January. The full report was transmitted to the White House and Congress. The summary was released on the same day that DHS Secretary Alejandro Mayorkas told lawmakers domestic violent extremism is the "greatest threat" to the US -- a clear reminder that federal officials remain very concerned about the potential for more violence in the coming months. "Newer sociopolitical developments -- such as narratives of fraud in the recent general election, the emboldening impact of the violent breach of the US Capitol, conditions related to the COVID-19 pandemic, and conspiracy theories promoting violence -- will almost certainly spur some (domestic violent extremists) to try to engage in violence this year," the unclassified summary says.

Full Article: US intelligence report says election fraud claims 'will almost certainly' spur more violence by domestic extremists - CNNPolitics

National: U.S. Conducted More Than Two Dozen Pre-Election Cyber Operations | Alyza Sebenius/Bloomberg

The U.S. carried out more than two dozen operations to thwart adversaries from election meddling ahead of the 2020 presidential election, according to a top intelligence official. General Paul Nakasone, the head of the National Security Agency and U.S. Cyber Command, testified at a Senate hearing on Thursday that Cyber Command conducted the operations “to get ahead of foreign threats before they interfered or influenced our elections.” Nakasone appeared before the Senate Armed Services Committee a week after the U.S. intelligence community issued a report describing foreign efforts to influence voter opinions. It found that Russian President Vladimir Putin ordered operations to hurt President Joe Biden’s candidacy and favor former President Donald Trump. Iran sought to hurt Trump’s candidacy, but China didn’t deploy influence efforts, according to the report. While there were foreign efforts aimed at affecting voter opinion, there were no attempts on “any technical aspect of the voting process,” the agencies found. Nakasone also said that two recently discovered cyber-attacks were “a clarion call” to take a fresh look at challenges facing the U.S. The first was December’s revelation that suspected Russian hackers compromised popular software from SolarWinds Corp. and breached about nine government agencies as well as 100 companies. And in March, Microsoft Corp. revealed that suspected Chinese hackers used vulnerabilities in its Exchange software for email and carried out an attack that experts say has tens of thousands of victims.

Full Article: U.S. Conducted More Than Two Dozen Pre-Election Cyber Operations - Bloomberg

National: After Trump tried to intervene in the 2020 vote, state Republicans are moving to take more control of elections | Amy Gardner/The Washington Post

State Republicans have taken steps this year that could give them more power to sway the certification of election results, efforts that voting advocates decried as a blatant attempt to circumvent the popular vote, as President Donald Trump tried to do after his defeat in November. Amid an avalanche of voting legislation proposed in dozens of states, the moves go beyond highly scrutinized proposals to tighten rules around how ballots are cast in the name of election security. Critics say some of the initiatives attempt to clear the way for partisan actors to take control of election administration, as Trump unsuccessfully urged Republicans to do in the fall. On Thursday, Gov. Brian Kemp (R) of Georgia signed the most far-reaching effort yet into law — a sweeping voting measure that undercuts the power of the secretary of state and local election boards. The new law removes the secretary of state from serving as chair of the State Board of Elections, giving the legislature the authority to appoint a majority of the members, and authorizes the state board to suspend local election officials. If these measures had been in place in 2020, critics say, the state board could have tried to interfere when the secretary of state, Republican Brad Raffensperger, certified Democrat Joe Biden’s victory in the state and rejected Trump’s unsubstantiated claims that the election was stolen.

Full Article: After Trump tried to intervene in the 2020 vote, state Republicans are moving to take more control of elections - The Washington Post

National: Dominion sues Fox News for $1.6 billion | Elahe Izadi/The Washington Post

Dominion Voting Systems on Friday filed a $1.6 billion defamation lawsuit against Fox News, alleging that the network purposefully aired false claims about the the company’s role in the 2020 presidential election in order to boost ratings. In the suit, filed in a Delaware court, Dominion argued that the Fox and several of its on-air personalities elevated conspiracy theories about the voting company rigging the 2020 election and allowed falsehoods by their guests to go unchecked, including a wild claim that the company’s machines were manufactured in “Venezuela to rig elections for the dictator Hugo Chávez” and that Dominion’s algorithm manipulated votes so that then-President Trump would lose. “Fox engaged in this knowing and reckless propagation of these enormous falsehoods in order to profit off these lies,” reads the lawsuit. “Fox wanted to continue to protect its broadcast ratings, catering to an audience deeply loyal to President Trump.” ... Dominion earlier filed election-related defamation lawsuits against Trump affiliated attorneys Sydney Powell and Rudy Giuliani, as well as MyPillow chief executive Mike Lindell. The lawsuit cites Fox’s own reporting in advance of Election Day that the mail-in vote would heavily favor Joe Biden, and that it was likely that the result wouldn’t be known for days. But Dominion lawyers argue that Fox News ratings went into “in a freefall” in the days after the election and that the network was losing Trump loyalists to more right-wing channels such as Newsmax.

Full Article: Dominion sues Fox News for $1.6 billion - The Washington Post

National: Republicans’ efforts to restrict mail-in voting in Georgia, Utah, and other states, could backfire | Brittany Gibson/Vox

State Republican lawmakers have introduced a historic number of bills this year to restrict voting rights, zeroing in on restricting mail-in voting. More than 250 bills have been introduced or carried over in 43 states, of which 125 are focused on absentee or mail-in voting. The effort to implement voter restrictions on one level seems odd. Republicans made gains in the House of Representatives, and outperformed polls in competitive Senate races, suggesting they aren’t having trouble winning elections under the current laws. On the other hand, “Trump still lost, control of the Senate still changed, and so there may be an element of reacting to that and ultimately believing that [if voting is] restricted it will affect their voters more than our voters,” said Sophia Lin Lakin, deputy director of the ACLU’s Voting Rights Project. More Americans than ever before voted by mail in the 2020 general election, about 46 percent of all voters, according to the MIT Election Data and Science Lab. A large motivator behind this was to avoid the in-person contact of voting lines and Election Day polling places. Perhaps wanting to downplay the severity of the coronavirus pandemic and concerned about boosting Democratic turnout, Trump took issue with the expansion of the mail-in voting systems across the country on the campaign trail and online.

Full Article: Republicans’ efforts to restrict mail-in voting in Georgia, Utah, and other states, could backfire - Vox

National: Senate panel dukes it out over voting rights | Marty Johnson/The Hill

Lawmakers on the Senate Rules Committee clashed Wednesday over sweeping Democratic legislation on voting rights and campaign finance and redistricting reform. “This bill is essential to protecting every American’s right to vote, getting dark money out of our elections, as well as some very important anti-corruption reforms,” Sen. Amy Klobuchar (D-Minn.), the panel's chairwoman, said in her opening statement on the For the People Act. “It is about strengthening our democracy by returning it to the hands of its rightful owners: the American people.” Sen. Roy Blunt (R-Mo.), the ranking member on the panel, argued against the legislation, saying it would “force a single, partisan view of elections on more than 10,000 jurisdictions across the country.” Known also as H.R. 1 and S.1, the bill is a top priority for Democrats. It passed the House in the last session of Congress, but failed to gain any traction in the Republican-controlled Senate. Coming in at over 800 pages, S.1 is hefty, wide reaching and complex. Outside of the issues surrounding voting rights, it would create an independent nonpartisan redistricting commission in an attempt to get rid of partisan gerrymandering, restructure the makeup of the Federal Election Commission and work to give more transparency to campaign donations.

Full Article: Senate panel dukes it out over voting rights | TheHill

National: Former Trump adviser takes prominent role in voting battle | Nicholas Riccardi/Associated Press

A GOP lawyer who advised former President Donald Trump on his campaign to overturn the 2020 election results is now playing a central role coordinating the Republican effort to tighten voting laws around the country. Cleta Mitchell, a longtime Republican lawyer and advocate for conservative causes, was among the Trump advisers on a January phone call in which Trump asked Georgia election officials to “find” enough votes to declare him, and not Democrat Joe Biden, the winner of the battleground state. Now Mitchell has taken the helm of two separate efforts to push for tighter state voting laws and to fight Democratic efforts to expand access to the ballot at the federal level. She is also advising state lawmakers crafting the voting restriction proposals. And, she said Friday, she is in regular contact with Trump. “People are actually interested in getting involved and we have to harness all this energy,” Mitchell said in an interview. “There are a lot of groups that have projects on election integrity that never did before.” Mitchell’s new prominence tightens the ties between the former president, who has falsely insisted he lost the election due to fraud, and the GOP-led state voting overhaul that has helped turn a foundational principle of democracy into a partisan battleground. Trump’s false claims of fraud have fueled a wave of new voting restrictions. More than 250 proposed voting restrictions have been proposed this year by mostly Republican lawmakers, according to the Brennan Center for Justice. On Thursday, Georgia’s GOP governor signed into law a measure requiring voters to present ID to vote by mail, gives the GOP-controlled state legislature new powers over local elections boards and outlaws providing food or water to people waiting in line to vote. Biden on Friday condemned it as “Jim Crow in the 21st century.”

Full Article: Former Trump adviser takes prominent role in voting battle

National: Putin likely directed 2020 U.S. election meddling, U.S. intelligence finds | Christopher Bing, Joseph Menn and Raphael Satter/Reuters

Russian President Vladimir Putin likely directed efforts to try to swing the 2020 U.S. presidential election to Donald Trump, according to an American intelligence report released on Tuesday that sources said would likely trigger U.S. sanctions on Moscow. The 15-page report, released by the Office of the Director of National Intelligence, added heft to longstanding allegations that some of Trump’s top lieutenants were playing into Moscow’s hands by amplifying claims made against then-candidate Joe Biden by Russian-linked Ukrainian figures in the run-up to the Nov. 3 election. It also added new findings that Putin either oversaw or at least approved of the election meddling to benefit Trump. Washington is expected to impose sanctions on Moscow as soon as next week because of the allegations, three sources said on condition of anonymity. The findings about Putin’s role are likely to receive particular attention given the report’s conclusions that Russia-backed figures such as Ukrainian parliamentarian Andriy Derkach enlisted unnamed U.S. political figures in their campaign to smear Biden and his son Hunter. The report named Derkach, who met Trump’s lawyer Rudy Giuliani in 2019, as someone whose movements were tracked, if not directed, by Putin. “Putin had purview over the activities of Andriy Derkach,” the report said. “Other senior officials also participated in Russia’s election influence efforts - including senior national security and intelligence officials who we assess would not act without receiving at least Putin’s tacit approval.”

Full Article: Putin likely directed 2020 U.S. election meddling, U.S. intelligence finds | Reuters

National: Russian Interference in 2020 Included Influencing Trump Associates, Report Says | Julian E. Barnes/The New York Times

President Vladimir V. Putin of Russia authorized extensive efforts to hurt the candidacy of Joseph R. Biden Jr. during the election last year, including by mounting covert operations to influence people close to President Donald J. Trump, according to a declassified intelligence report released on Tuesday. The report did not name those people but seemed to refer to the work of Mr. Trump’s former personal lawyer Rudolph W. Giuliani, who relentlessly pushed accusations of corruption about Mr. Biden and his family involving Ukraine. “Russian state and proxy actors who all serve the Kremlin’s interests worked to affect U.S. public perceptions,” the report said. The declassified report represented the most comprehensive intelligence assessment of foreign efforts to influence the 2020 vote. Besides Russia, Iran and other countries also sought to sway the election, the report said. China considered its own efforts but ultimately concluded that they would fail and most likely backfire, intelligence officials concluded. A companion report by the Justice and Homeland Security Departments also rejected false accusations promoted by Mr. Trump’s allies in the weeks after the vote that Venezuela or other countries had defrauded the election.

Full Article: Putin Authorized Russian Interference in 2020 Election, Report Says - The New York Times

National: Foreign Meddling Flooded the 2020 Election—but Not by Hackers | Andy Greenberg/WIRED

After the pro-Trump hack-and-leak operations and disinformation campaigns that roiled the 2016 US election, the country braced for a second round of no-holds-barred foreign interference last year. But US intelligence agencies have now confirmed that didn't entirely come to pass. The 2020 election was hit with meddling, trolling, and disinformation operations like those of 2016—but not the outright efforts to hack election infrastructure or political campaigns themselves. On Tuesday, the Office of the Director of National Intelligence released a declassified report that outlines findings from US intelligence agencies including the CIA, NSA, FBI, and DHS on the overall picture of election interference by foreign actors in 2020. Those agencies agree that while more foreign powers than ever before attempted to influence the outcome of the election—using everything from disinformation to voter intimidation emails to social media campaigns—none actually seems to have used hackers to attempt to disrupt the election or access election infrastructure as they did in 2016. "In 2020, the IC tracked a broader array of foreign actors taking steps to influence US elections than in past election cycles," the report reads, naming Russia, Iran, Cuba, Venezuela, and even Lebanon's Hizbollah Islamic extremist group as actors that sought to influence the election's outcome. Russia in particular sought to support Trump's reelection bid with everything from troll-farm social media postings to active smear operations that provided information directly to "Trump administration-linked persons." Iran, meanwhile, worked against Trump's reelection with social media campaigns and even fake, threatening emails designed to frame the Trump-supporting white nationalist group the Proud Boys—while not directly supporting Biden or any of Trump's other political opponents.

Source: Foreign Meddling Flooded the 2020 Election—but Not by Hackers | WIRED

National: After 2020 loss, GOP targets voting restrictions | Chuck Todd, Mark Murray and Carrie Dann/NBC

If at first you don’t succeed, try, try — to change how the contest is conducted. That’s the backdrop for all of the legislation across the country that would restrict voting access in the wake of Donald Trump’s presidential loss back in November. Republicans hold legislative majorities and governorships in 24 states — including battlegrounds like Arizona, Florida, Georgia, even Texas — and 22 of them are pursuing voting restrictions. Eleven of these states are attempting to replace restrictions on mail-in voting, according to research from the Brennan Center compiled by NBC’s Caitlin Hartman (Arizona, Georgia, North Dakota, Oklahoma, Texas, Idaho, Florida, South Carolina, Iowa, Alaska and South Dakota). Nine are trying to create barriers for casting mail ballots (Arizona, Oklahoma, Iowa, Alaska, South Carolina, Georgia, Florida, Idaho, Indiana). Nine are seeking to expand voter-roll purges (Alabama, Arizona, Mississippi, New Hampshire, South Carolina, South Dakota, Texas, Utah, Florida). Eight are trying to limit voter-registration opportunities (Alaska, Arizona, Iowa, Mississippi, Texas, Montana, New Hampshire, Georgia). And eight are attempting to implement stricter voting ID laws (Arkansas, Arizona, Missouri, New Hampshire, Nebraska, Wyoming, Georgia, Idaho).

Full Article: After 2020 loss, GOP targets voting restrictions

National: Spy Agencies Reject Trump Claim of China Election Meddling | Chris Strohm and Alyza Sebenius/Bloomberg

The U.S. intelligence community concluded with “high confidence” that China didn’t attempt to change the outcome of the 2020 election, an assessment that contradicts repeated assertions by former President Donald Trump and his allies. “We assess that China did not deploy interference efforts and considered but did not deploy influence efforts intended to change the outcome of the U.S. Presidential Election,” the Office of the Director of National Intelligence wrote in an unclassified report released on Tuesday. “China sought stability in its relationship with the United States” and “did not view either election outcome as being advantageous enough for China to risk getting caught meddling.” The agencies also found that Russian President Vladimir Putin ordered influence operations to hurt President Joe Biden’s candidacy, favoring Trump just as the intelligence community says he did in 2016 against then Democratic presidential candidate Hillary Clinton. “Russian President Putin authorized, and a range of Russian government organizations conducted, influence operations aimed at denigrating President Biden’s candidacy and the Democratic Party, supporting former President Trump, undermining public confidence in the electoral process and exacerbating sociopolitical divisions in the U.S.,” the report found. Russia has long denied meddling in U.S. elections.

Full Article: Spy Agencies Reject Trump Claim of China Election Meddling - Bloomberg

National: After Trump’s loss and false fraud claims, GOP eyes voter restrictions across nation | Nolan D. McCaskill/Politico

Former President Donald Trump’s debunked claims of widespread voter fraud and a stolen election galvanized his supporters who stormed the U.S. Capitol in January. Now, his rhetoric is turning into policies that are moving through GOP-dominated state legislatures: a rollback of voting access. In statehouses around the country — most notably, in Georgia — lawmakers are rolling out legislation that would make it a lot harder to vote. They’re considering dozens of restrictive bills to purge voters from rolls, limit early and absentee voting, add voter ID requirements and eliminate automatic and same-day voter registration. In short, bills are being introduced to prevent something that didn’t happen in 2020 — widespread voter fraud — from recurring in 2022, 2024 and beyond. “They’re all predicated on the ‘big lie,’ the idea that Trump won the election, that there was widespread voter fraud,” said Nsé Ufot, CEO of the New Georgia Project. “The ‘big lie’ is the engine or the fuel that powered in a lot of ways the Jan. 6 insurrection. It’s also the fuel that’s powering these anti-voting bills that we are seeing across the country.” If passed, critics warn, the policies would disproportionately affect Democratic constituencies such as young voters, poor voters and voters of color, erecting barriers to the ballot box after a historic turnout last fall. “There’s absolutely no coincidence in terms of the people who are gonna be impacted and the timing of this,” said Nancy Abudu, deputy legal director for the Southern Poverty Law Center Action Fund, an arm of the SPLC, which prioritizes impact litigation on issues such as voting rights and criminal justice reform.

Full Article: After Trump’s loss and false fraud claims, GOP eyes voter restrictions across nation - POLITICO

National: The Misinformation Campaign Was Distinctly One-Sided | Renée DiResta/The Atlantic

On the morning of September 21, 2020, three trays of United States mail were discovered in a ditch in Greenville, Wisconsin. The local sheriff’s office reported that the mail dump included several absentee ballots. When a U.S. Postal Service spokesperson made a similar assertion two days later, a local Fox affiliate, WLUK, reported the statement on its website. And then a national network of conservative commentators and influencers did something that happened again and again last fall: They picked up a bare-bones news story and made it sound nefarious. Within hours, Jim Hoft, the combative founder and editor of The Gateway Pundit, a conservative media outlet, came across the story. A consortium of researchers working together on an effort called the Election Integrity Partnership (which included my team at the Stanford Internet Observatory) had by this point begun to track false and misleading voting-related information, particularly claims about ballot and mail fraud, as it moved across the social-media ecosystem. Our partnership began 100 days before the election and continued for a few weeks following Election Day. In that time, The Gateway Pundit would become a primary driver in dozens of instances in which false information or misleading narratives went viral. “We report the truth,” a banner on the site noted, as its pages regaled readers with stories of malfunctioning voting machines in Michigan, ballot boxes stuffed into cars, and “miraculous” fake ballots marked for Joe Biden. In our data set tracking the spread of misleading claims, The Gateway Pundit’s stories racked up more than 800,000 retweets on Twitter and at least 4 million views on YouTube over a four-month period. The process of producing viral misinformation hits followed a familiar pattern throughout the 2020 campaign: Prominent pro–Donald Trump influencers or hyper-partisan conservative outlets would pick up a real-world event—in many cases an isolated incident that bubbled into the national conversation via social media—and shoehorn it into a far broader narrative. Many of the narratives involved hints of conspiracy.

Full Article: Right-Wing Propagandists Were Doing Something Unique - The Atlantic

National: Senators introduce bill to fund election official cybersecurity training | Maggie Miller/The Hill

e: Senators introduce bill to fund election official cybersecurity training | TheHill

ArticlSenate Rules Committee Chairwoman Amy Klobuchar (D-Minn.) and Sen. Susan Collins (R-Maine) on Wednesday reintroduced legislation to designate funding to provide cybersecurity training to election officials. The Invest in Our Democracy Act would establish a $1 million grant program to cover up to 75 percent of the costs of tuition for cybersecurity or election administration training for state and local election officials, along with their employees. The Election Assistance Commission (EAC) would oversee the grant program, with EAC employees also eligible to receive funding for training. The bill was originally introduced in 2019 by Klobuchar and Collins but did not advance in the Senate. Klobuchar has been a key senator involved in spearheading election security legislation over the past several years, and before becoming chairwoman she served as the ranking member of the Senate Rules Committee, which has jurisdiction over federal elections and other related issues. “Our intelligence officials have made clear that our election systems continue to be a target for foreign adversaries,” Klobuchar said in a statement on Wednesday. “While federal and state officials have agreed that the 2020 election was ‘the most secure in American history,’ we must continue to do everything in our power to protect our democracy from the ongoing threat of foreign interference.”

National: As GOP makes it harder to vote, few Republicans dissent | Steve Peoples, Jonathan J. Cooper and Ben Nadler/Associated Press

In Arizona, a Republican state senator worried aloud that his party’s proposed voter identification requirements might be too “cumbersome.” But he voted for the bill anyway. In Iowa, the state’s Republican elections chief put out a carefully worded statement that didn’t say whether he backs his own party’s legislation making it more difficult to vote early. And in Georgia, Republican Lt. Gov. Geoff Duncan left the room as Senate Republicans approved a bill to block early voting for all but the GOP’s most reliable voting bloc. Duncan instead watched Monday’s proceedings from a television in his office to protest. This is what amounts to dissent as Republican lawmakers push a wave of legislation through statehouses across the nation to make voting more difficult. The bills are fueled by former President Donald Trump’s false claims of widespread voter fraud and many are sponsored by his most loyal allies. But support for the effort is much broader than just Trump’s hard-right base, and objections from GOP policymakers are so quiet they can be easy to miss. “It’s appalling what’s happening,” said former Republican National Committee chairman Michael Steele, who condemned the silence of the GOP’s elected officials. “There have been no provable, obvious, systemwide failures or fraud that would require the kind of ‘legislative remedies’ that Republican legislatures are embarking on. What the hell are you so afraid of? Black people voting?” Experts note that most changes up for debate would disproportionately affect voters of color, younger people and the poor — all groups that historically vote for Democrats. But Republicans are also pushing restrictions with the potential to place new burdens on GOP-leaning groups.

Source: As GOP makes it harder to vote, few Republicans dissent

National: Democrats rethink the U.S. voting system. What’s in the massive HR 1. | Jane C. Timm/NBC

House Democrats' top legislative priority — the H.R. 1 For the People Act of 2021 — is 791 pages of big election changes. The legislation — a wish list of policies voting rights advocates have urged lawmakers to adopt for years — rethinks the entire voting process: how people register to vote, how ballots are cast and how states conduct elections. The goal is to improve access, particularly for voters of color. The bill would also create public financing systems for campaigns and ethics rules for candidates. "This is the next great civil rights bill," said Elizabeth Hira, an attorney at the Brennan Center for Justice at the New York University School of Law, who helped craft the bill in her previous job with the House of Representatives. Voting rights advocates say the legislation could help prevent gerrymandering and restrictive voting laws. Wendy Weiser, vice president of the Democracy Program at the Brennan Center, said H.R. 1 would "thwart" nearly all of the more than 200 restrictive voting proposals her group has identified in 43 states.

Full Article: Democrats rethink the U.S. voting system. What's in the massive H.R. 1.

National: The Latest Strategy Against Viral Election Misinformation: The Courtroom | Bente Birkeland/Colorado Public Radio

Voting technology companies, like Denver-based Dominion Voting Systems, are using billion-dollar defamation lawsuits to try to repair damage to their brands and bottom lines from conspiracy theories that alleged they were involved in stealing the 2020 election for President Joe Biden. Some see these legal fights as another way to take on viral misinformation, one that’s already starting to show some results. “This goes beyond hoping to stop the disinformation,” said attorney Steve Skarnulis. “The goal that we have is to hold people accountable.” Skarnulis represents Dominion employee Eric Coomer, who remains in hiding after being threatened and falsely accused of manipulating election results. Coomer filed the first defamation lawsuit related to the 2020 election. Skarnulis hopes that in addition to helping Coomer clear his name and return to a normal life, the suits will also serve as a warning. “I hope that it will shock media and other personalities who have the platforms they do, enough that they will be much more cautious about spreading disinformation.”

Full Article: The Latest Strategy Against Viral Election Misinformation: The Courtroom | Colorado Public Radio

National: How GOP-backed voting measures could create hurdles for tens of millions of voters | Amy Gardner, Kate Rabinowitz and Harry Stevens/Washington Post

The GOP’s national push to enact hundreds of new election restrictions could strain every available method of voting for tens of millions of Americans, potentially amounting to the most sweeping contraction of ballot access in the United States since the end of Reconstruction, when Southern states curtailed the voting rights of formerly enslaved Black men, a Washington Post analysis has found. In 43 states across the country, Republican lawmakers have proposed at least 250 laws that would limit mail, early in-person and Election Day voting with such constraints as stricter ID requirements, limited hours or narrower eligibility to vote absentee, according to data compiled as of Feb. 19 by the nonpartisan Brennan Center for Justice. Even more proposals have been introduced since then. Proponents say the provisions are necessary to shore up public confidence in the integrity of elections after the 2020 presidential contest, when then-President Donald Trump’s unsubstantiated claims of election fraud convinced millions of his supporters that the results were rigged against him. But in most cases, Republicans are proposing solutions in states where elections ran smoothly, including in many with results that Trump and his allies did not contest or allege to be tainted by fraud. The measures are likely to disproportionately affect those in cities and Black voters in particular, who overwhelmingly vote Democratic — laying bare, critics say, the GOP’s true intent: gaining electoral advantage.

Full Article: Voting laws proposed by Republicans in 43 states would limit voter access - Washington Post

National: Postal Service Delivered Vast Majority Of Mail Ballots On Time, Report Finds | Brian Naylor/NPR

As Americans continue to complain of late-arriving bills, birthday cards and other deliveries, there has been one bright spot in the U.S. Postal Service's performance in recent months: the 2020 election. The vast majority of mail-in ballots sent during the election arrived on time, according to a report by the Postal Service's inspector general. The report says the Postal Service processed almost 134 million pieces of election mail — ballots and voter registration materials — sent to and by voters from Sept. 1 through Nov. 3. Of that, 93.8% was delivered on time to meet the agency's service standard for first class mail of two to five days. That's an increase of 11% from the 2018 midterm elections. It's also, the inspector general noted, 5.6% better than on-time delivery rates for all first class mail, a standard the Postal Service has not met for five years. The Post Office's goal for on-time delivery of first class mail is 96%. Mail advertisements for candidates and issues fared slightly worse, being delivered on time 91.9% of the time, a decrease of 3% from 2018.

Full Article: Majority Of Mail Ballots Delivered On Time By Postal Service : NPR

National: Biden signs executive order promoting voting rights on 56th anniversary of ‘Bloody Sunday’ | Felicia Sonmez and Amy Gardner/The Washington Post

President Biden on Sunday signed an executive order aimed at promoting voting rights amid a push by Republican-led state legislatures to roll back voting access in the wake of former president Donald Trump’s 2020 loss and his baseless effort to cast doubt on the integrity of U.S. elections. The order comes on the 56th anniversary of “Bloody Sunday,” the day that state troopers violently beat hundreds of marchers, including John Lewis, the late civil rights icon who served as a Democratic congressman from Georgia, on the Edmund Pettus Bridge in Selma, Ala. “Today, on the anniversary of Bloody Sunday, I am signing an executive order to make it easier for eligible voters to register to vote and improve access to voting,” Biden said Sunday in a videotaped address to the Martin and Coretta Scott King Unity Breakfast. “Every eligible voter should be able to vote and have that vote counted. If you have the best ideas, you have nothing to hide. Let the people vote.” The order directs federal agencies to develop a strategic plan for promoting voter registration and participation, including potentially applying to be a state-designated voter registration agency and providing recommendations on leave for federal employees to vote or to serve as poll workers.

Full Article: Biden signs executive order promoting voting rights on 56th anniversary of ‘Bloody Sunday’ - The Washington Post

Voting Machine Hashcode Testing: Unsurprisingly insecure, and surprisingly insecure | Andrew Appel and Susan Greenhalgh/Freedom to Tinker

The accuracy of a voting machine is dependent on the software that runs it. If that software is corrupted or hacked, it can misreport the votes. There is a common assumption that we can check the legitimacy of the software that is installed by checking a “hash code” and comparing it to the hash code of the authorized software. In practice the scheme is supposed to work like this: Software provided by the voting-machine vendor examines all the installed software in the voting machine, to make sure it’s the right stuff. There are some flaws in this concept: it’s hard to find “all the installed software in the voting machine,” because modern computers have many layers underneath what you examine. But mainly, if a hacker can corrupt the vote-tallying software, perhaps they can corrupt the hash-generating function as well, so that whenever you ask the checker “does the voting machine have the right software installed,” it will say, “Yes, boss.” Or, if the hasher is designed not to say “yes” or “no,” but to report the hash of what’s installed, it can simply report the hash of what’s supposed to be there, not what’s actually there. For that reason, election security experts never put much reliance in this hash-code idea; instead they insist that you can’t fully trust what software is installed, so you must achieve election integrity by doing recounts or risk-limiting audits of the paper ballots. But you might have thought that the hash-code could at least help protect against accidental, nonmalicious errors in configuration. You would be wrong. It turns out that ES&S has bugs in their hash-code checker: if the “reference hashcode” is completely missing, then it’ll say “yes, boss, everything is fine” instead of reporting an error. It’s simultaneously shocking and unsurprising that ES&S’s hashcode checker could contain such a blunder and that it would go unnoticed by the U.S. Election Assistance Commission’s federal certification process. It’s unsurprising because testing naturally tends to focus on “does the system work right when used as intended?” Using the system in unintended ways (which is what hackers would do) is not something anyone will notice.

Full Article: Voting Machine Hashcode Testing: Unsurprisingly insecure, and surprisingly insecure

National: Voting Rights or the Filibuster? | David Leonhardt/The New York Times

It’s shaping up to be the most significant question about the new Democratic Senate: If forced to choose between the protection of voting rights and the protection of the filibuster, what will Democrats do? They are now almost certain to face that decision. Republican legislators in dozens of states are trying to make voting more difficult, mostly because they believe that lower voter turnout helps their party win elections. (They say it’s to stop voter fraud, but widespread fraud doesn’t exist.) The Supreme Court, with six Republican appointees among the nine justices, has generally allowed those restrictions to stand. “I don’t say this lightly,” Michael McDonald, a political scientist at the University of Florida, recently wrote. “We are witnessing the greatest roll back of voting rights in this country since the Jim Crow era.” The only meaningful way for Democrats to respond is through federal legislation, like the voting-rights bill that the House passed on Wednesday. Among other things, it would require states to register many eligible voters automatically; allow others to register on Election Day; hold at least 15 days of early voting; expand voting by mail; and allow people with completed criminal sentences to vote. The bill also requires more disclosure of campaign donations and restricts partisan gerrymandering. But the bill seems to have no chance of winning the 60 votes in the Senate needed to overcome a filibuster. The Senate is divided 50-50 between the two parties (including two independents, who usually vote with Democrats). The bill will pass only if all 50 Senate Democrats agree to scrap or alter the filibuster, as they have the power to do.

Full Article: Voting Rights or the Filibuster? - The New York Times

National: Taking names: Rep. Lofgren catalogs GOP colleagues’ election claims with a view toward discipline | Dareh Gregorian, Haley Talbot and Alex Moe/NBC

Rep. Zoe Lofgren, D-Calif., has released a detailed examination of the social media accounts of Republican House members who voted to overturn the 2020 election results to analyze what role they might have played in inciting the deadly violence at the U.S. Capitol on Jan. 6. "Like former President [Donald] Trump, any elected member of Congress who aided and abetted the insurrection or incited the attack seriously threatened our democratic government," Lofgren wrote in the prologue to her 1,939 page “social media review.” "They would have betrayed their oath of office and would be implicated in the same constitutional provision cited in the article of impeachment" against Trump following the Capitol riot, she continued. The congresswoman, who was one of the House managers in Trump's first Senate impeachment trial last year, suggested that Congress could act against such members. That Constitution "prohibits any person who has previously taken an oath as a member of Congress to support the Constitution but subsequently engaged in insurrection or rebellion from serving in Congress," she wrote, referring to a section of the 14th Amendment.

Full Article: Taking names: Dem Rep. Lofgren catalogs GOP colleagues' election claims with a view toward discipline

National: More hackers jump to take advantage of a widespread Microsoft security flaw | Tonya Riley/The Washington Post

Government officials and cybersecurity experts are scrambling to stem the damage from a security flaw in Microsoft Exchange that has allowed hackers to infiltrate the servers of at least 30,000 U.S. organizations. The growing number of hackers taking advantage has just made that task much more difficult. Since Microsoft and cybersecurity firm Volexity first attributed the breach to Halfnium, a group of hackers they tied to China, cybersecurity researchers say there are more groups getting in on the action. “It’s a frenzy,” says Steven Adair, president of Volexity, which first discovered the problem. Adair described the race to take advantage of the tens of thousands of servers that have not yet been secured as “a golden opportunity.”

Full Article: The Cybersecurity 202: More hackers jump to take advantage of a widespread Microsoft security flaw - The Washington Post

National: America’s Patchwork of Election Laws Under Scrutiny | Rob Garver/VoA News

The Democrat-led U.S. House of Representatives this week passed a bill that would greatly expand access to voting in federal elections. Even though Senate passage is highly unlikely, Democrats are underscoring their commitment to making voting easier at a time when Republicans seek to limit voting access in many states. The bill was labeled House Resolution 1 in order to signal its importance to Democrats’ agenda, and it passed with no Republican support. Also known as the For the People Act, it would force sweeping changes to state election laws, with the aim of making it easier for eligible voters to cast a ballot. Among other things, H.R. 1 would create an automatic voter registration system and limit the ability of state officials to purge voters from the system. It would also require states to make early voting available and block limits on mail-in voting. In addition, it would require that congressional districts be drawn by non-partisan commissions to prevent state legislatures from drawing districts that unfairly disadvantage one party, a practice known as gerrymandering. Beyond measures aimed specifically at access to the ballot, the bill would attempt to reduce the power of big-money donors to influence elections by requiring politically active organizations to disclose the sources of their funding and by creating a federal system of matching grants that would allow lawmakers to campaign without relying on high-dollar donations. It would also strengthen ethics enforcement and election oversight.

Full Article: America’s Patchwork of Election Laws Under Scrutiny | Voice of America - English

National: Federal officials scramble to assess widening Microsoft Exchange Server fallout | Sean Lyngaas/CyberScoop

The fallout from critical Microsoft software bugs exploited by suspected Chinese hackers deepened on Saturday as incident responders warned that state and local organizations across the U.S. could be exposed to the vulnerabilities. Federal officials rushed to get a better sense of the potential impact of the hacking amid multiple media reports that tens of thousands of organizations could be affected by vulnerabilities as other hacking groups, in addition to the alleged Chinese, moved to exploit bugs in widely used Microsoft technology. Officials at the Department of Homeland Security’s cybersecurity agency held phone briefings with state and local officials Friday and Saturday to assess the scope of the compromises, and the White House National Security Council urged vulnerable organizations to “take immediate measures” to determine if they were affected. Two DHS officials said the agency was still gathering data on how many organizations might be breached. The malicious activity amounts to the second major set of cyber incidents facing the Biden administration, which is already coping with a suspected Russian hacking campaign that has exploited software made by federal contractor SolarWinds and other vendors.

Full Article: Federal officials scramble to assess widening Microsoft Exchange Server fallout

National: Supreme Court delivers final blow to Trump’s last election challenge | Chris Riotta/The Independent