Wisconsin: Challenge to absentee ballot rules is a step closer to state Supreme Court | Scott Bauer/Associated Press

Democrats are appealing the dismissal of their lawsuit challenging the constitutionality of several voting rules in Wisconsin, including the ban on absentee ballot drop boxes, which was implemented in 2022 after criticism from former President Donald Trump. The appeal comes after a circuit judge ruled that the lawsuit did not meet the high burden required to declare the voting rules unconstitutional in every application. The lawsuit, filed by national Democratic firm the Elias Law Group, seeks to reinstate drop boxes and eliminate requirements such as a witness signing absentee ballots and correcting ballot problems by 8 p.m. on Election Day, arguing that absentee voting is a right protected by the Wisconsin Constitution. Read Article

Opinion: The 2024 Election Will Be Fair. People Still Won’t Believe It.  | Richard L. Hasen/Politico

Last election, I warned of an “election meltdown” and a country that was not prepared for a litany of ills — foreign interference, spikes in misinformation, attempts at election subversion and more. This time around, however, I have a different outlook: Those threats are still there but this time we are aware and we are better prepared. What we should be more worried about is that losers won’t accept the results as legitimate, a sentiment that exploded only after election day in 2020, when Trump’s refusal of an orderly transition of power led to a violent assault on the Capitol. In 2024, however, election denialism is at the forefront, before most voters have even cast their ballots. This supercharged distrust could lead to further violence and instability and help cement the kind of corrosive election denialism that does lasting damage to our democracy. Read Article

Georgia: Expert shows how to tamper with ballot marking device in security trial | Mark Niesse/The Atlanta Journal-Constitution.

In a federal courtroom, University of Michigan computer scientist Alex Halderman demonstrated how Georgia’s ballot marking devices could be manipulated in seconds. Halderman changed hypothetical referendum results and rigged a theoretical election between President George Washington and Benedict Arnold by altering the machine’s code. He used a fake voter card, a pen, or a USB device to print unlimited ballots. The presentation was part of an election security trial assessing Georgia’s voting system’s vulnerability to manipulation. Election officials countered, emphasizing real-world security and claiming no evidence of past hacks. Plaintiffs argue for paper ballots amid concerns about potential vulnerabilities. The trial will be decided by U.S. District Judge Amy Totenberg. Read Article

New Hampshire robocall kicks off era of AI-enabled election disinformation  | Derek B. Johnson/CyberScoop

Kathy Sullivan, treasurer of a super PAC running a write-in campaign for President Joe Biden in the New Hampshire primary election, experienced what appears to be the first instance of AI-generated audio disinformation targeting American voters. A robocall impersonating Biden flooded New Hampshire voters, urging Democrats not to vote in the primary. The AI-generated call, sounding like Biden, claimed that voting in the primary only enables Republicans in their quest to elect Donald Trump and emphasized that voters’ choices matter in November, not in the primary. The call’s phone number appeared to belong to Sullivan, as the caller ID had spoofed her cell number. While the impact on voting behavior remains unclear, the incident highlights the potential use of AI in disinformation campaigns during the 2024 election, posing challenges for election officials to combat emerging threats effectively. Read Article

National: ‘Preposterous’: Federal judge decries efforts to downplay Jan. 6 violence, label perpetrators ‘hostages’ | Kyle Cheney/Politico

The longest-serving district judge on the federal bench in Washington, D.C., Royce Lamberth, warned about the ongoing danger posed by false rhetoric about the Jan. 6 Capitol attack, singling out former President Donald Trump and allies like Rep. Elise Stefanik for spreading misinformation. Lamberth, a Reagan appointee, expressed concern over attempts to rewrite history, downplaying the seriousness of the attack and characterizing defendants as “hostages.” He emphasized the danger of such destructive rhetoric and issued his comments in connection with the resentencing of Jan. 6 defendant James Little, who had appealed his earlier sentence. Lamberth criticized Little’s lack of remorse and sentenced him to an additional 60 days in jail, highlighting the importance of acknowledging right from wrong regarding the events of Jan. 6. Read Article

National: The head of the government’s election security agency was swatted in December | Kevin Collier and Michael Kosnar/NBC

The director of the Cybersecurity and Infrastructure Security Agency (CISA), Jen Easterly, was the target of a swatting incident at the end of December, where false emergencies are reported to trigger an armed police response. The incident occurred amid a wave of swatting calls targeting judges and public officials. CISA has been under scrutiny from House Republicans for promoting information about voting processes. Easterly confirmed the incident, emphasizing the serious risk posed to individuals and law enforcement officers. Read Article

National: Elon Musk Is Spreading Election Misinformation, but X’s Fact Checkers Are Long Gone | Jim Rutenberg and Kate Conger/The New York Times

Elon Musk’s control over the X platform, formerly Twitter, has sparked concerns as he echoes false claims about the American voting system without fact-checking or corrective measures. Musk, who dismantled the platform’s fact-checking system, has been accused of spreading misinformation and undermining confidence in the electoral process. The Biden campaign criticized Musk for his irresponsible actions, highlighting the potential for his influence to reignite doubts about the election system, similar to the atmosphere leading up to the Capitol riot on January 6, 2021. Musk’s approach, seen as a departure from perceived censorship on the old Twitter platform, is applauded by pro-Trump Republicans. Read Article

National: AI-Generated Fake News Is Coming to an Election Near You | Sander van der Linden/WIRED

As the use of generative AI becomes more prevalent, concerns are growing about the potential for AI-generated misinformation to impact elections. Researchers from the University of Cambridge Social Decision-Making Laboratory trained GPT-2, ChatGPT’s predecessor, on conspiracy theories and found that AI-generated headlines led a significant percentage of participants to believe false information. With the rise of deepfakes and AI-produced fake news, political campaigns may increasingly use these tools to manipulate public opinion. In a test using a deepfake video, researchers found that religious voters developed more negative attitudes toward a politician who appeared to offend their religious beliefs. As AI facilitates the automated generation of misleading news headlines, there are concerns about its potential impact on democracy, leading to calls for government intervention to restrict or ban the use of AI in political campaigns. Read Article

Arizona: Election distrust in Cochise County runs deep, and change is slow to come | Jen Fifield/Votebeat

More than a year after the midterm election, distrust in the electoral process persists in Cochise County. The region has been influenced by claims of election fraud, with former President Donald Trump and gubernatorial candidate Kari Lake making unproven allegations that resonated with voters. In this context, efforts to educate the public on how elections are run and rebuild trust face challenges. The county supervisors who attempted to hand-count ballots and block the certification of votes now face pending felony charges. County officials are grappling with the influence of external voices and trying to address concerns about election fairness amidst other pressing issues such as road conditions, water resources, and border crossings by undocumented immigrants. Read Article

California: Los Angeles County District Attorney to pay $5 million in civil rights case over bungled election conspiracy prosecution | James Queally/Los Angeles Times

The Los Angeles County district attorney’s office will pay $5 million to settle a civil rights lawsuit filed by Eugene Yu, the CEO of Michigan software company Konnech. The lawsuit, brought against Los Angeles County District Attorney George Gascón, alleged civil rights violations and negligence related to a bungled 2022 prosecution. Yu was indicted on charges of illegally storing L.A. County poll workers’ personal information overseas based largely on conspiracy theories and false claims about working for the Chinese government. The case fell apart less than six weeks later, with prosecutors admitting that True the Vote, the source of the inquiry, provided baseless tips. The settlement, approved by the L.A. County Board of Supervisors, includes dropping charges against Yu and a joint petition for a finding of factual innocence. Read Article

Georgia: ‘State doesn’t understand the technology’: Plaintiffs rest their case | Timothy Pratt/Atlanta Civic Circle

A federal trial, six years in the making, has reached its midpoint as computer experts express concerns about cyber vulnerabilities in Georgia’s touchscreen voting machines. The case involves an election integrity nonprofit and Georgia voters against the Secretary of State’s office, claiming that the state’s computerized voting machines face an unacceptable risk of being hacked, infringing on voters’ constitutional rights. The plaintiffs argue for voters to mark paper ballots by hand, as opposed to using the current Dominion Voting Systems ballot marking devices. Read Article

Missouri secretary of state accused of withholding cybersecurity reviews of election authorities | Sophia Fox-Sowell/StateScoop

Missouri Auditor Scott Fitzpatrick has released an audit report accusing Missouri Secretary of State Jay Ashcroft of violating state law by refusing to provide cybersecurity reviews of Missouri’s 116 local election authorities. House bill 1878, passed in 2022, mandates cybersecurity reviews every two years, with results to be submitted to the state auditor’s office. Ashcroft’s office disputes the findings, citing concerns about revealing confidential information. The audit also criticizes Ashcroft’s decision to end Missouri’s participation in the Electronic Registration Information Center (ERIC), impacting the accuracy of voting rolls. Despite Ashcroft’s defense, the audit suggests a lack of evaluation before exiting ERIC, leading to less efficient voter roll maintenance. Read Article

Nevada Republicans can’t decide between a primary or a caucus – so they’re doing both | Joe Sommerlad/The Independent

Nevada Republicans are set to host both a caucus and a primary as part of their unique electoral system, driven by a 2021 bipartisan bill requiring political primaries if multiple candidates vie for a race. While Nevada Democrats have embraced this change, Nevada Republicans insist on maintaining their traditional caucus alongside the state-run primary. Despite attempts to challenge the primary requirement in court, the party succeeded in ensuring that delegates would only be awarded through the caucus, making the primary more of a symbolic exercise. Read Article

New Hampshire: Deepfake Audio of Biden Alarms Election Security Experts | Margi Murphy/Bloomberg

Disinformation experts are expressing concern over a doctored audio message of U.S. President Joe Biden circulating, urging voters in New Hampshire not to cast ballots in the Democratic primary. The manipulated message, featuring a voice edited to sound like Biden, falsely advises saving votes for the November election. Experts are particularly worried about audio deepfakes due to their ease of editing, affordability, and difficulty to trace. With the upcoming elections, there are fears that these fake audio messages, especially when combined with voter registration databases, could be potent tools to influence political outcomes. The incident confirms concerns that deepfakes might not only manipulate public opinion but also deter voters from participating. Read Article

Pennsylvania: Republican lawmakers challenge state, federal actions to boost voter registration | Marc Levy/Associated Press

A group of 24 conservative state lawmakers in Pennsylvania filed a federal lawsuit challenging three voting-related executive branch actions, including a 2021 executive order by President Joe Biden that aimed to boost voter registration. The lawsuit challenges the legality of Biden’s executive order, as well as two state-level actions – the introduction of automatic voter registration by Democratic Gov. Josh Shapiro and a 2018 state directive under then-Democratic Gov. Tom Wolf. Read Article

Why certain Texas counties need more 2024 voting locations | Natalia Contreras/The Texas Tribune

Texas election officials, particularly in certain counties, are facing challenges meeting the requirements of a new Republican-backed election law ahead of the March 5 primary. This law mandates a significant increase in polling locations for counties using vote centers for countywide voting, posing financial and logistical issues. Some officials are concerned about the availability of funds to purchase additional equipment and pay rental fees for more locations, while others worry about finding enough election workers. In the most populous county, Harris County, the local Republican party is advocating for legislative changes due to unintended consequences, including the need for joint primaries. Read Article

Washington state braces for deepfakes ahead of 2024 elections | Dyer Oxley/KUOW

Washington state’s Secretary of State, Steve Hobbs, is warning voters to remain vigilant against artificial intelligence and deepfakes as the 2024 elections intensify. The caution follows recent robocalls in New Hampshire mimicking President Biden’s voice, urging voters to skip the primary. Hobbs, anticipating potential frauds as the state’s March 12 primary approaches, emphasizes the need for vigilance and skepticism, urging voters to verify information from trusted sources. Washington passed new election laws in 2023 addressing AI, deepfakes, and misinformation, making it one of the first states to prohibit the use of “synthetic media” in campaigns, with a requirement for reporting false or manipulated media usage. Read Article

Wisconsin: Ballot drop box disinformation and the fight over voting | Hannah Ritvo/PBS

After a Wisconsin Supreme Court ruling to ban ballot drop boxes in the state, former President Donald Trump used social media to question past election results, claiming the decision includes the 2020 Presidential Election. The ruling, prompted by a lawsuit from the conservative law firm Wisconsin Institute for Law & Liberty, declared that drop boxes are not allowed for use in elections as they are not defined in state law. Despite the decision not applying retroactively to prior elections where drop boxes were used, supporters of Trump who deny the 2020 election outcome have cited the ruling, contributing to disinformation about the results. Read Article

The federal agency dedicated to elections continues struggling with turnover | Jessica Huseman/Votebeat

The U.S. Election Assistance Commission (EAC) has fired its executive director, Steven Frid, who held the position for less than a year, marking the agency’s third executive director in as many years. The EAC has also been without a permanent general counsel for nearly two years, with its chief information security officer temporarily filling in as executive director. The agency, responsible for crucial election guidance, faces challenges with staff turnover, and its commissioners are now tasked with filling open positions during the 2024 federal election year. High turnover, lack of staff satisfaction, and internal limitations on hiring qualified personnel have plagued the EAC, impacting its effectiveness in providing support to local election administrators. Reasd Article

New Hampshire’s aging ballot scanners pose challenges. Problems could prompt conspiracy theories | Christina A. Cassidy/Associated Press

All New Hampshire voters mark their ballot by hand, but how those ballots are counted depends on the city or town. Just under half opt to hand count and have done so for years, but those are among the least populated in the state. The most populous towns and cities use machine tabulators, so most ballots cast in the state are counted electronically using the AccuVote scanners. The same type of ballot scanners are used by local voting jurisdictions in five other states, according to Verified Voting, a nonpartisan group that tracks U.S. voting equipment. “You could say it’s primitive technology. You could say it’s simple and reliable technology. Both of those things can be true,” said Mark Lindeman, the group’s policy and strategy director. He said New Hampshire’s tabulators have been kept in good condition and that the biggest challenge for election officials is finding replacement parts. He sees the worst-case scenario as local election officials having to resort to hand counting because a tabulator has failed and they don’t have access to a backup. “As worst cases go, that’s a pretty good one,” Lindeman said. “The ballots are safe. This will not prevent New Hampshire voters from voting or prevent New Hampshire voters from having their votes counted.” Read Article

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