National: Americans may vote in 2020 using old, unsecured machines | Gopal Ratnam/Roll Call

The first primary in the 2020 presidential race is a little more than 250 days away, but lawmakers and experts worry that elections will be held on voting machines that are woefully outdated and that any tampering by adversaries could lead to disputed results. Although states want to upgrade their voting systems, they don’t have the money to do so, election officials told lawmakers last week. Overhauling the nation’s election systems would mean injecting as much as $1 billion in federal grants that would then be supplemented by states, but top Senate Republicans have said they are unlikely to take up any election security bills or give more money to the states. The deadlock could mean that even as federal government and private companies spend tens of billions of cybersecurity dollars annually to protect their computers and networks from attacks, the cornerstone of American democracy could remain vulnerable in the upcoming elections.

National: In Congressional Hearing, Election Officials Appear United Yet Divided on Security | Graham Vyse/Governing

Jocelyn Benson and John Merrill are a political odd couple. She’s a Michigan Democrat who backed Hillary Clinton, and he’s a Donald Trump supporter who represents Alabama. But both are secretaries of state, and when they testified side-by-side before Congress on Wednesday — she in a blue dress and he in a red tie — they repeatedly insisted they were friends ready to work together to strengthen the nation’s voting system. Benson and Merrill called on the federal government to provide more funding and resources for states and localities to address the issue. This weekend, they’re leading 18 other secretaries of state on a voting-rights history tour of Alabama with the hope of inspiring further bipartisan collaboration. “It’s the first time in our country’s history where you’ve got the chief election officers collectively, Democrats and Republicans, going to Selma to walk across the Edmund Pettus Bridge together,” Benson told Governing. The question is whether the secretaries can bridge enough of their differences to unite around federal legislation to improve election security. Benson and Merrill appeared alongside cybersecurity experts before the U.S. Committee on House Administration this week, more than two years after Russia’s cyberattack on American election systems during the 2016 presidential campaign.

National: House Democrats reintroduce bill to protect elections from cyberattacks | Maggie Miller/The Hill

House Democratic chairmen on Friday reintroduced a bill to protect U.S. election systems against cyberattacks, including requiring President Trump to produce a “national strategy for protecting democratic institutions.” The Election Security Act is aimed at reducing risks posed by cyberattacks by foreign entities or other actors against U.S. election systems. The national strategy from President Trump would “protect against cyber attacks, influence operations, disinformation campaigns, and other activities that could undermine the security and integrity of United States democratic institutions.”

National: House Administration Committee to make election security a 'primary focus' | TRegina Zilbermintshe Hill

The secretaries of state of Michigan and Alabama went before the House Administration Committee Wednesday to advocate for more federal resources to secure election systems against cyber attacks and committee leaders vowed to make the issue a “primary focus.” “Federal action is needed now to grasp the scope of the problem and to innovate concrete solutions that can be implemented before the next federal election cycle in 2020,” House Administration Committee Chairwoman Zoe Lofgren (D-Calif.) said at the hearing on election security. 

Verified Voting Blog: Verified Voting Letter in Support of Congressional Election Cybersecurity Legislation

This letter was sent to Senators Cory Gardner (R-CO), Mark Warner (D-VA) and Representatives Derek Kilmer (D-WA) and Michael McCaul (R-TX) on May 14, 2019. Download the PDF.

Thank you for introducing legislation aimed at increasing cybersecurity at the state and local levels of government. We recognize the need for this important legislation, which is aimed at hardening cyber resiliency efforts and preventing vulnerabilities from becoming nightmare realities. For the states that would respond to the proposed grants in H.R. 2130 and S.1065, and for the protection of the citizens who live in them, we applaud your support in the battle against cyberattacks.

At the same time that you are bolstering cybersecurity defenses, we encourage you to add provisions specifically prohibiting these funds from being used for internet-based voting. Cybersecurity experts agree that internet return of marked ballots lacks sufficient safeguards for security and privacy. We urge you to specifically name internet voting as a threat and prohibit the funding provided by your legislation from being used to support internet voting programs and pilots.

Cybersecurity experts agree that no current technology, including blockchain voting, can guarantee the secure, verifiable, and private return of voted ballots over the internet. Both because vote-rigging malware could already be present on the voter’s computer and because electronically returned ballots could be intercepted and changed or discarded en route, local elections officials would be unable to verify that the voter’s ballot accurately reflects the voter’s intent. Furthermore, even if the voter’s selections were to arrive intact, the voted ballot could be traceable back to the individual voter, violating voter privacy.

Verified Voting Blog: Verified Voting Testimony Before the House Administration Committee hearing on “Election Security"

Download the Written Testimony (pdf) Chair Lofgren, Ranking Member Davis and members of the Committee, thank you for the invitation to submit testimony to the Committee on House Administration hearing on “Election Security.” We urge the Committee to move expeditiously to support state and local jurisdictions in strengthening their election systems and provide upfront and…

National: Election security push stumbles amid White House resistance | Politico

Senate Democrats and Republicans can agree on perhaps just one thing about special counsel Robert Mueller’s investigation — that Russia interfered in the 2016 presidential election. But bipartisan legislation to address foreign intrusions is all but dead amid a distinct lack of enthusiasm from Senate GOP leadership and the Trump White House. At a heated hearing with Attorney General William Barr on Wednesday, Sen. Amy Klobuchar (D-Minn.) blasted the White House for blocking the election security bill she co-sponsored with Sen. James Lankford (R-Okla.) in the previous Congress. And in an interview, Klobuchar put the blame for the impasse squarely on President Donald Trump’s former White House counsel Don McGahn as well as Senate Majority Leader Mitch McConnell. “It was Don McGahn,” Klobuchar said Wednesday. “He called Republicans about the bill, didn’t want them to do it. And McConnell also didn’t want the bill to move forward. So it was a double-edged thing.” Klobuchar added that McGahn, who was previously chair of the Federal Election Commission, “had a personal interest in it” and that, with him no longer at the White House, “maybe they can look at it fresh.” McGahn did not respond to a request for comment.

National: Klobuchar finds Attorney General Barr unaware of major election security legislation | Roll Call

Attorney General William Barr said Wednesday that he was not familiar with the Senate’s bipartisan effort to enhance the security of election systems ahead of 2020. Barr had not yet returned to the Department of Justice when, last year, the Senate Rules and Administration Committee abruptly cancelled a markup of a bipartisan bill known as the Secure Elections Act. The legislation crafted by Oklahoma Republican Sen. James Lankford and Minnesota Democratic Sen. Amy Klobuchar seeks to require state election officials to conduct audits following elections, as well as to establish paper ballot backup systems. “The White House, just as we were on the verge of getting a markup in the Rules Committee, getting it to the floor where I think we would get the vast majority of senators, the White House made calls to stop this,” Klobuchar said at the hearing, recalling the events of August 2018. Klobuchar then asked Barr for a commitment to work on the legislation. “I will work with you to enhance the security of our election, and I’ll take a look at what you are proposing,” Barr said. “I’m not familiar with it.” Klobuchar responded to Barr by pointing out that the bill is the main bipartisan measure related to election security, noting support of Intelligence Chairman Richard M. Burr, R-N.C., and Vice Chairman Mark Warner, D-Va., as well as fellow Judiciary Committee members including Democrat Kamala Harris of California and Chairman Lindsey Graham, a South Carolina Republican.

National: Divided Congress can’t agree on fix for ‘dangerous’ Russian election meddling | McClatchy

Despite clear and compelling evidence of a Russian plot to disrupt the 2016 presidential election, partisanship has all but killed any chance that Congress will pass legislation to shore up election security before voters cast their ballots next year. Republicans and Democrats in Congress largely agree with Special Counsel Robert Mueller’s finding that Russia tried to meddle in U.S. democracy — and that foreign interference remains a serious threat. “Russia’s ongoing efforts to interfere with our democracy are dangerous and disturbing,” said Senate Majority Leader Mitch McConnell, R-Kentucky, after Mueller finalized his investigation last month. But McConnell has made it clear that he’s unlikely to allow the Senate to vote on any election-related legislation for the foreseeable future. Republican Sen. Roy Blunt of Missouri, who chairs the Senate Rules Committee that has jurisdiction over election security legislation, blames House Democrats for McConnell’s hardline stance. Blunt said Democrats overreached in January when they passed H.R. 1, a sweeping measure focused on voting rights, campaign finance, and government ethics.

National: Senate Democrats push to match House’s ethics and election reforms | The Washington Post

Responding to action in the House, Senate Democrats unveiled their own version of a sweeping election and ethics reform bill Wednesday — one that Senate Majority Leader Mitch McConnell has vowed never to bring to a vote. Dubbed, like the House bill, the For the People Act, the Senate legislation includes a vast suite of proposals — including measures meant to expand voting, provisions aimed at unmasking and diluting the power of moneyed interests, new ethical strictures for federal officials and a new public financing system for congressional campaigns. The bill, according to its lead author, Sen. Tom Udall (D-N.M.), has the support of all 47 senators in the Democratic caucus. The House bill passed 234 to 193 this month with unanimous Democratic support, meaning every congressional Democrat is on record in support of the bill. “Today we are seizing their momentum and the momentum of the American people,” Udall said at a news conference Wednesday. “Now the ball is in Senator McConnell’s court. . . . This should not be about Democrats versus Republicans, this is about people versus special interests.”

National: This key House Republican is open to mandates on states for election security | The Washington Post

As the House Homeland Security Committee meets for the first election security hearing of 2019 today, Congress is still far away from a grand bargain to help protect state election systems from foreign hackers. But the goalposts may be changing with Democrats in charge of the House. The new top Republican on the committee, Rep. Mike Rogers (Ala.), tells me he’s ready to impose requirements on states to secure their election systems against hackers. He called for a baseline of security states must meet before receiving money from the government to upgrade outdated and vulnerable voting machines and secure other election infrastructure. “We want to get some minimum standards that have to be adhered to,” Rogers tells me. And he says he’s willing to work with Democrats to get it done.

National: House Democrats, Republicans cross swords over election security bill | Politico

Democrats and Republicans have clashed before over H.R. 1, the House Dems’ sweeping package of democracy and governance proposals, but today the fight goes directly to the election security provisions of the bill. The House Homeland Security panel holds a hearing today on the measure with testimony from DHS’s top cyber official, Cybersecurity and Infrastructure Security Agency Director Chris Krebs, Election Assistance Commission Chairman Thomas Hicks and others. A CISA official told MC: “Director Krebs will confirm election security remains a priority for CISA in the run up to 2020, laying out the Agency’s plan to work with State and local election officials on broader engagement, better defining risk to election systems, and understanding the resources to manage that risk.” At least one witness — Jake Braun, a former Obama administration official who now works as executive director of the University of Chicago’s Cyber Policy Initiative and an organizer of DEF CON’s Voting Village — endorses the bill’s election security ideas in his prepared testimony. He praises the provisions mandating auditable paper trails and authorizing voting infrastructure research and development funds.

Editorials: The House Takes on America’s Voting-Rights Problem | Jelani Cobb/The New Yorker

The crisis of democracy that has attended Donald Trump’s Presidency has visibly manifested itself in challenges to the free press, the judiciary, and the intelligence agencies, but among its more corrosive effects has been the corruption of basic mathematics. Since the 2016 election, Trump has periodically rage-tweeted about an alleged three million non-citizens whose ballots delivered the popular-vote majority to Hillary Clinton. His fulminations were a fanciful extension of the Republican Party’s concern, despite all evidence to the contrary, that American elections are riddled with voter fraud. The math does, however, support a different number—one that truthfully points to how American democracy is being undermined. Nearly two million fewer African-Americans voted in the 2016 election than did in 2012. That decline can be attributed, in part, to the fact that it was the first election since 2008 in which Barack Obama was not on the ballot and, in part, to an ambivalence toward Clinton among certain black communities. Civil-rights groups and members of the Congressional Black Caucus point to another factor as well: 2016 was the first Presidential election since the Shelby County v. Holder Supreme Court decision, which eviscerated sections of the Voting Rights Act. Suppressive tactics, some old, some new, ensued—among them, voter-roll purges; discriminatory voter-I.D. rules; fewer polling places and voting machines; and reductions in early-voting periods. After an election in which some two million Americans went missing, the Administration concluded that three million too many had shown up at the polls. (The equation here is: reality minus delusion equals three million.)

National: Debate Over Election Reform Bill Gets Heated in House | Courthouse News

Lawmakers on both sides of the aisle raised their voices Wednesday over whether a sweeping election reform bill proposed by Democrats would drain or fill the Washington swamp. The wide-ranging anti-corruption bill, House Resolution 1, includes a provision that would increase transparency in campaign finance by requiring candidates to report where their campaign money comes from. That measure was the focus of committee members from both parties during the nearly four-hour hearing in the House Oversight Committee. Bradley Smith, an expert witness and chairman of the Institute for Free Speech, repeatedly told committee members that the bill would have a “chilling effect” on citizens’ desire to engage in elections through avenues like campaign donations. “You run the risk of regulations swallowing up the entire discourse in which the public engages,” Smith said.

National: House will advance HR 1 government overhaul package this month, Pelosi says | Roll Call

The House will advance a package of voting rights, campaign finance and ethics overhauls this month, Speaker Nancy Pelosi said in a “Dear Colleague” letter Monday night. House Democrats have introduced the government overhaul package as HR 1 to reflect its priority status. They believe fundamentally changing the way government operates will increase public buy-in as Democrats pursue an economic policy agenda focused on issues such as heath care, infrastructure and climate change. “During this Black History Month, I am pleased we will be advancing H.R. 1, which contains Congressman John Lewis’s Voter Empowerment Act ensuring equal access to the ballot for every eligible voter, and lays the groundwork of the subsequent passage of Congresswoman Terri Sewell’s Voting Rights Advancement Act,” Pelosi wrote, citing two black lawmakers who have sponsored legislation that is part of the Democrats’ effort to overhaul voting rights laws.

National: Judiciary Hearing on Democrats’ Election Bill Turns Into Partisan Brawl | The New York Times

House Democrats faced sustained partisan fire on Tuesday over their ambitious elections overhaul bill, a top priority for the new Democratic leaders who must answer charges that their efforts to counter partisan gerrymandering and ease access to the polls strain the constitutional reach of Congress. The House Judiciary Committee’s inaugural hearing of the 116th Congress was dedicated to the voting and ethics rules overhaul, known as the For the People Act, which Democratic representatives have trumpeted as their signature legislative priority. But its reception underscored the challenges the bill will face in a divided Capitol. The bill would turn the drawing of congressional boundaries over to nonpartisan commissions, promote more transparency in campaign contributions and expand the public financing system for House and presidential candidates. “The broader issue is what kind of country America is and should be,” said Representative Jerrold Nadler of New York, the chairman of the committee.

Editorials: Nancy Pelosi’s H.R. 1 election reform bill could save American democracy. | Richard Hasen/Slate

The Democrats’ first order of business as they took control of the 116th Congress was introducing H.R. 1, the colossal “For the People Act.” This 571-page behemoth of a bill covering voting rights, campaign finance reform, ethics improvements, and more was a perfect reminder of just how much power the Constitution gives Congress to make elections better in this country and, sadly, of how partisan the question of election reform has become. By beginning with election reform as “H.R. 1,” Democrats signaled their priorities as they took over control of the House of Representatives. The bill now has 221 co-sponsors, all Democrats, including almost every Democrat in the House. It’s disheartening that bipartisan movement on election reform is no longer possible and that few of the significant improvements in the bill stand a chance of becoming law until Democrats have control of the Senate and the presidency. Even then some of its provisions could be blocked by a conservative-leaning Supreme Court. But if and when Democrats ever do return to full power in Washington, H.R. 1 should remain the top priority. Though there is room for some improvements, the “For the People Act” would go an enormous way toward repairing our badly broken democracy.

National: Incoming NASS leader rejects Democrats’ election security bill | Politico

The next president of the NASS has strong words for House Democrats considering a range of election security measures: Butt out. H.R. 1, a Democratic grab-bag bill with election security provisions, “seems to be a huge federal overreach,” Iowa Secretary of State Paul Pate told POLITICO. “No matter how well-intentioned, the provisions of the bill give the authority of overseeing and conducting elections and voter registration to the federal government.” (In fact, the bill would not do this.) Pate’s remarks, first reported by National Journal, mirror comments by former Georgia Secretary of State Paul Kemp in August 2016. Pate cited NASS’s long-standing opposition to federal mandates for election procedures — in October, the group warned against tying federal funds to regulations — and said state election offices like his are “better prepared than the federal government to determine what is right for their residents.” Despite Pate’s suggestion that “our country’s legal and historical distinctions in federal and state sovereignty” invest states with the exclusive authority to regulate elections, Article I Section 4 of the Constitution empowers Congress to “at any time by Law make or alter” election processes.

Editorials: Congress ignored its election duties for years. That ends now. | Matthew Weil/Roll Call

House Democrats have waited eight years to regain the speakership, and now that they hold the gavel, they will clearly seek to move on pent-up priorities. For their first act out of the gate, they rolled several into one. The “For the People Act” — or H.R. 1 — runs just over 500 pages and includes proposals the Democrats have pursued during their time in the minority, such as ethics reforms, campaign finance changes, and a well-publicized section requiring presidential candidates to hand over their tax returns. But the bill also lays out a vision for election administration in 2020 and beyond, putting the voter at the center of the process instead of focusing on what is easier for government. Congress taking the lead could cause some heartburn at the state level.

National: Here are the big election security measures in the House Democrats’ massive new bill | CyberScoop

A giant bill House Democrats proposed on Friday includes a number of measures aimed at improving election security and voter confidence. The measures in H.R. 1 draw on provisions from several bills that were proposed but failed since the 2016 election, which experts and officials concluded was targeted by a Russian-led influence operation. Key features include a requirement that federal elections be conducted with paper ballots that can be counted by hand or optical scanners, new grants that states and municipalities can use to improve and upgrade equipment, an incident reporting requirement for election system vendors and a number of other measures meant to keep election systems’ security up-to-date. Election security experts have criticized paperless voting machines because of their vulnerability to tampering with little recourse, since they produce no auditable paper trail of each vote. Such machines were used to some extent in more than a dozen states in the recent midterm elections, according to Verified Voting. In South Carolina and Georgia, voters sued the government under the premise that their votes aren’t being properly counted with paperless machines. The bill, also called the “For the People Act,” would statutorily do away with these machines for federal elections by 2022.

National: House Democrats unveil first major legislative package of voting, campaign finance and ethics overhauls | Roll Call

Automatic voter registration, independent redistricting commissions, super PAC restrictions, forced release of presidential tax returns — these are just a handful of the provisions in a massive government overhaul package House Democrats will formally unveil Friday, according to a summary of the legislation obtained by Roll Call.  The package is being introduced as H.R. 1 to show that it’s the top priority of the new Democratic majority. Committees with jurisdiction over the measures will hold markups on the legislation before the package is brought to the floor sometime later this month or early in February.  H.R. 1 features a hodgepodge of policies Democrats have long promoted as solutions for protecting voters’ rights and expanding access to the polls, reducing the role of so-called dark money in politics, and strengthening federal ethics laws. 

National: Pressure mounts on election security as 2020 approaches | The Hill

Pressure is already mounting on Congress to secure the 2020 presidential race from foreign cyberattacks or interference just weeks after the midterm elections. Lawmakers expressed frustration at failing to pass a bill during the current session, but are vowing to resume their work in January. “Yeah, it’s next Congress,” Sen. James Lankford (R-Okla.) told The Hill last week. Lankford and Sen. Amy Klobuchar (D-Minn.) in 2017 introduced the bipartisan Secure Elections Act, seen as the best shot of passing legislation before the midterms. “[Klobuchar] and I are not going to drop it, we’re going to keep working it through, but it’s not going to be the next two weeks,” Lankford vowed. Lawmakers, though, will take up their work with less time to bridge differences and before the 2020 cycle moves to full swing. And there may be new questions for lawmakers to address.

National: Senator Warner blames White House for election security bill not passing Congress | The Hill

Sen. Mark Warner (D-Va.) on Friday said the White House prevented a bipartisan election security bill from passing Congress this year. Warner, who is vice chairman of the Senate Intelligence Committee, said that if the bill known as the Secure Elections Act made it to the Senate floor, it would receive at least 80 votes in favor of passage. “The objection has come from the White House,” he said at an event hosted by the Center for a New American Security. A White House spokesman did not immediately respond to a request for comment. The bipartisan legislation, introduced by Sens. James Lankford (R-Okla.) and Amy Klobuchar (D-Minn.), is aimed at protecting election systems from cyberattacks. The measure was held up in committee this year because of a lack of GOP support, a Republican aide told The Hill at the time.

National: House Democrats to unveil political reform legislation as ‘H.R. 1’ | The Washington Post

House Democratic leaders on Friday unveiled the outline of a broad political overhaul bill that will include provisions for public financing of elections, voting rights reforms and new ethics strictures for federal officials. The bill has been in the works for months as part of Democrats’ “For the People” campaign platform, a framework that helped them win the House majority in this month’s midterm elections. Numerous outside groups aligned with Democrats have pushed the party’s House leaders to schedule a reform bill as their first order of business, and House Minority Leader Nancy Pelosi (D-Calif.) announced before the election that the bill would be designated “H.R. 1” — a symbolic title meant to emphasize its importance, even if it is unlikely to be the first piece of legislation to get a House vote in the new Congress.

National: Democrats vow quick action to bolster voting rights upon taking power | The Hill

House Minority Leader Nancy Pelosi (D-Calif.) on Friday outlined an ambitious overhaul to the way government operates — including legislation to strengthen voting rights protections. Pelosi, widely expected to be elected the next House Speaker, vowed to make it the first order of business when Democrats realize their newly won majority next year. The goal, Pelosi said, is “to reduce the role of money [and] advance fair elections, and one part of that is having the Voting Rights Act early on the agenda.” The effort would come following a midterm election that included a number of closely fought elections, including a tight race for governor in Georgia that was shadowed by accusations that black voters were being disenfranchised.

National: Bipartisan pair of senators introduces bill to create global election security information sharing program | The Hill

pair of senators on Friday introduced a bipartisan bill to create a program within the State Department to share information with U.S. global allies about election security. The measure would establish a way for the United States and other countries to share information on the best practices for administering elections, such as combating disinformation campaigns and conducting post-election audits. The bill is a companion to similar bipartisan legislation passed by the House earlier this year. Under the legislation, the new State Department program would offer grants to American nonprofit groups that work on election security to share information with similar groups in other countries. Foreign election officials would also be brought to the U.S. to study the election process and the program would offer U.S. election officials the chance to examine other nations’ election security measures.

Media Release: Election Security Experts Urge Congress to Pass the Security Elections Act; Bipartisan Legislation Empowers States to Protect Themselves

Marian K. Schneider: “Passing the bipartisan Security Elections Act will advance our nation’s efforts to protect and ensure trustworthy elections.” The following is a statement from Marian K. Schneider, president of Verified Voting, on the Secure Elections Act, which was introduced by Sen. James Lankford (R-OK) and co-sponsored by Sen. Amy Klobuchar (D-MN), Sen. Lindsey…

National: Democrats call for states to get $400M election security upgrades | The Hill

Two House Democrats are pressing their colleagues to allot $400 million for states to upgrade outdated voting equipment and secure their election systems. Democratic Reps. Bennie Thompson (Miss.) and Robert Brady (Pa.) made the appeal in a letter to leaders of the House Appropriations Committee released on Monday. “We know that Russia launched an unprecedented assault on our elections in 2016, targeting 21 states’ voting systems, and we believe this money is necessary to protect our elections from future attack,” wrote the lawmakers.  “When a sovereign nation attempts to meddle in our elections, it is an attack on our country,” they wrote. “We cannot leave states to defend against the sophisticated cyber tactics of state actors like Russia on their own.”

National: Hackers to Help Make Voting Machines Safe Again | CPO Magazine

Following the recent declaration by the U.S. National Security Agency that Russian hackers tried to infiltrate the electronic voting machines used in the last U.S. presidential election, many people are calling for a lot of things especially for the electronic voting machines to be scrapped. Although the Russians did not succeed, more questions are still left on the table. U.S. senators looking for answers have constituted a committee and is hoping to pass a bipartisan bill called the Securing America’s Voting Equipment (SAVE) Act. The bill will enlist help from the Department of Homeland Security to organize an event like the one held at the DEFCON hackers conference in July, themed the “Voting Machine Hacking Village.”