Editorials: Trump’s Attack on Voter Privacy | The American Conservative

“In addition to winning the Electoral College in a landslide, I won the popular vote if you deduct the millions who voted illegally,” tweeted Donald Trump on November 27, following his win. Perhaps in an effort to prove social media blather correct, Trump has issued an executive order creating the Presidential Advisory Committee on Election Integrity. The goals of the committee include “studying vulnerabilities in the voting systems that could lead to voter fraud,” which requires collecting a large amount of personal voter information from the states. After facing serious legal pushback, even his supporters are wondering about its legitimacy. While the purity of the democratic process should be every citizen’s concern, the committee’s latest crusade, in violating privacy, has gone too far.

New Jersey: Election officials mum on cooperation with Trump fraud commission | North Jersey

New Jersey appears not to have shared any of the information that President Trump’s voter fraud commission first requested in June, and state election officials won’t clarify their stance on the commission’s work or say if they will cooperate. Robert Giles, director of the New Jersey Division of Elections, said last month that the request for voter data was “under review” and that the state would not release information to the Presidential Advisory Commission on Election Integrity “that is not publicly available or does not follow the appropriate legal process for information requests.” On Friday, the division said that it had no documents responsive to an Open Public Records Act request for correspondence the division has had with the commission since the beginning of June, including any voter information it may have shared. Since then, election officials have not returned several messages seeking to clarify whether the commission has filed a formal request for information and whether New Jersey would share the data if such a request is made.

Editorials: We face greatest threat to voting rights of past half-century | Alex Padilla/The Fresno Bee

Two years ago, President Barack Obama marked the 50th anniversary of the Voting Rights Act with a White House summit on protecting and expanding the right to vote. As California’s chief elections officer, I was invited to this significant event. It was an inspiring day, meeting in the Oval Office with the president and Georgia Rep. John Lewis, the civil rights icon, and joining voting rights advocates from across the country in a series of panels. Sunday marked the 52nd anniversary of the signing of the Voting Rights Act. The contrast in the White House could not be more stark. Our current president believes, without evidence, that millions of “illegal votes” cost him the popular vote. He has created a sham “Election Integrity Commission” headed by Kansas Secretary of State Kris Kobach, the nation’s foremost vote suppressor, to place barriers between American citizens and their right to vote. Make no mistake: We are facing the greatest threat to voting rights in the past half-century.

New Hampshire: ACLU, state come to terms on release of voter data to Trump fraud commission | Union Leader

The Secretary of State will proceed with the release of information from voter checklists to a presidential commission on election fraud, now that a lawsuit filed by two New Hampshire lawmakers and the ACLU to stop the release has been resolved. The resolution was announced in a Nashua courtroom just as a hearing was about to get under way Monday on a request for an injunction to stop Secretary of State Bill Gardner from providing the information to the election commission. The case came down to interpretation of language within the same state statute (RSA 654), which in one part states “the information contained on the checklist of a town or city … is public information subject to (the Right to Know law),” but in another section regarding the statewide database maintained by the Secretary of State, says “The voter database shall be private and confidential and shall not be subject to (the Right to Know law).”

Editorials: The real problems with voting today | Michael A. Smith/The Wichita Eagle

I know all about common names. I have heard all the jokes, as had my father, a unique and remarkable man named Bob Smith. Unfortunately, common names like ours are just one of many problems that will face Kansas Secretary of State Kris Kobach in his new role as co-chair of President Trump’s Election Integrity Commission. Recall that in 2010, candidate Kobach publicly declared that he planned to remove Alfred K. Brewer from the Wichita voting rolls, because he had died. Brewer was surprised to hear this when journalists found him alive, raking leaves. The deceased was actually his father, Alfred K. Brewer Sr., who would have been 110 at the time. Screening lists for suffixes like “Junior,” “Senior” and “III” is not a foolproof procedure. For example, former President George W. Bush is not a “Junior” because he lacks one of his father’s two middle names. How about birthdays? A few years ago, two political scientists studied Georgia’s voter rolls, only to discover numerous instances of two different people (and in a few cases, more than two) with the same matching first, middle, and last names and birthdays — including the year. Seem unlikely? Georgia has nearly 5 million registered voters, so even a one-in-a-million chance means there will be a few such cases — and with common names, the chances of a name and birthday match are considerably higher.

New Hampshire: Challenge to voting commission heads to court | Associated Press

While other states have started sending voter information to President Donald Trump’s commission investigating election fraud, a judge will determine whether New Hampshire will comply. A hearing is set for Monday in a lawsuit filed by two lawmakers and a civil liberties group hoping to stop Secretary of State Bill Gardner from sending voter roll data to the Presidential Advisory Commission on Election Integrity. The case, filed early last month, had been on hold pending the outcome of a similar lawsuit in Washington. In that case, a judge denied the Electronic Privacy Information Center’s request to block the data collection, though the advocacy group is appealing the ruling.

National: Federal judge denies Common Cause effort to block Trump fraud commission | The Washington Post

A federal judge on Tuesday declined to temporarily bar President Trump’s voting commission from collectingvoter data from states and the District, saying a federal appeals court likely will be deciding the legality of the request. U.S. District Judge Royce C. Lamberth of the District denied an emergency motion by Common Cause, a nonprofit government watchdog group. The group alleged the request for voting history and political party affiliation by the Trump administration violates a Watergate-era law that prohibits the government from gathering information about how Americans exercise their First Amendment rights. Lamberth advised the group to flesh out its claims by documenting the commission’s activity at a recent July 19 meeting while the lawsuit continues.

Kansas: Appeals court ruling requires Kobach to testify under oath | The Washington Post

A federal appeals court ruling will force Kansas Secretary of State Kris Kobach to answer questions under oath about plans to change U.S. election law. The 10th Circuit Court of Appeals on Wednesday denied the Kansas Republican’s request for an emergency stay of his deposition by the American Civil Liberties Union. Kobach’s office declined to comment on the decision. Judges in Kansas found Kobach misled the court about the contents of a document he took into a November meeting with then-President-elect Donald Trump and a separate draft amendment to the National Voter Registration Act.

National: New lawsuits cite Trump comments, tweets to challenge fraud panel | CNN

Opponents of President Donald Trump’s voting integrity commission are seeking to hamstring the effort in court, filing three lawsuits Monday that say the panel is running afoul of federal laws — and introducing Trump’s heated rhetoric against him in court. The new lawsuits add to the legal challenges against the Presidential Advisory Commission on Election Integrity, which recently sent a letter to all 50 states that included a request for voter roll information, including parts of Social Security numbers, that alarmed states and voters. The letter asked for all “publicly available” data, but the long list of pieces of information sought, including the last four digits of Social Security numbers, included several elements that very few states, if any, say they can legally comply with. One lawsuit targets on the request for voter information as a violation of privacy, while the other two focus more generally on whether the commission has been violating government transparency laws.

New York: Board of Elections will give some voter data to Trump fraud commission | Associated Press

New York state will hand over some voter information to President Donald Trump’s commission investigating voter fraud, becoming the first state to largely comply with the request after initially balking. The state’s Board of Elections voted Wednesday to provide data such as voter names, birthdates, addresses and voting history after determining it was a legitimate request based on state open records laws. The state will withhold certain information, however, such as a voter’s Social Security number or criminal history, because of state laws on voter privacy. “The data will be sent out this afternoon,” said John Conklin, a spokesman for the Board of Elections. “We had no lawful reason to deny it.”

Florida: Is Trump’s Fraud Commission to Blame for Rise in Florida Voter Cancellations? | Tampa Bay Times

During a recent 20-day period, 1,715 Florida voters took themselves off the registration rolls. The 117 percent spike in cancellations over the same period last year came as news spread of President Donald Trump’s fraud commission and its request for voter data from all 50 states. Did the request for voter information trigger the cancellations? While the increase suggests a correlation, regular maintenance of the voting rolls, a routine required by state law and unrelated to the federal commission, might also explain the increase. Here’s what we do know: On June 28, Trump’s official request for voter information, made by the commission’s vice chairman, Kris Kobach, sought the names, addresses, birth dates, political parties, electoral participation histories and last four digits of the voter’s Social Security number of every registered voter in the country.

National: Kobach appeals order to answer questions under oath | The Kansas City Star

Kansas Secretary of State Kris Kobach is seeking to avoid answering questions under oath about two documents containing plans for changes to U.S. election law. Kobach, who also is vice chairman of President Donald Trump’s commission on election integrity, filed a notice late Monday saying he is appealing to the 10th U.S. Circuit Court of Appeals an order to submit to a deposition by the American Civil Liberties Union in a voting rights case. The closed deposition is scheduled for Thursday. The ACLU said Tuesday that Kobach’s appeal of the deposition order to the 10th Circuit is “bizarre.”Kansas Secretary of State Kris Kobach is seeking to avoid answering questions under oath about two documents containing plans for changes to U.S. election law. Kobach, who also is vice chairman of President Donald Trump’s commission on election integrity, filed a notice late Monday saying he is appealing to the 10th U.S. Circuit Court of Appeals an order to submit to a deposition by the American Civil Liberties Union in a voting rights case. The closed deposition is scheduled for Thursday. The ACLU said Tuesday that Kobach’s appeal of the deposition order to the 10th Circuit is “bizarre.”

Colorado: State sends voter roll information over to Trump fraud commission | The Denver Channel

Colorado finally sent its voter roll information over to President Donald Trump’s election integrity commission on Tuesday, a day after the transfer was delayed due to “user error” in the Colorado Secretary of State’s Office. The office had been set to send the information over to the controversial commission on Monday, but a spokeswoman for the office said a system lockout stopped the transfer. Deputy Secretary of State Suzanne Staiert told the Denver Post Monday night it was due to “user error.” The sending of the information had already been delayed while a lawsuit over the commission and its request was cleared up in federal court.

Kansas: Kobach had duty to publicize new voting schedule; it appears that he didn’t | Lawrence Journal World

Kansas Secretary of State Kris Kobach does not appear to have conducted any public information campaign, as required by law, to publicize the fact that the state recently shifted the election cycle for municipal elections from the spring to the fall of odd-numbered years. Douglas County Clerk Jamie Shew cited that as one possible explanation for why voter turnout in the county was lower than expected on Tuesday, when the first municipal elections took place in Kansas under the new cycle. “We tried to get what word out that we could,” he said during a phone interview Tuesday. “I think there was an anticipation that there would be kind of a statewide push getting information out. We’ll kind of evaluate it for us, how we increase that push locally.”

Editorials: Separate facts, myths on voter fraud in Kentucky | Joshua A. Douglas/Lexington Herald Leader

When discussing the right to vote — the most fundamental right in our democracy — it is important to separate fact from conjecture, myth from reality. Unfortunately, the recent op-ed from the organization Americans First Inc. about President Donald Trump’s voter fraud commission fails in that regard. Focusing solely on allegedly bloated voter registration rolls, the op-ed suggests that voter fraud is widespread. It uses unreliable studies based on Census estimates, not hard data. It fails to acknowledge that Trump’s commission is hardly bipartisan and does not have the support of any serious academic in the election law field. Let’s separate the facts from hyperbole.

National: Federal judge set to hear new challenge to Trump fraud commission Tuesday | The Washington Post

A federal judge will hear arguments Tuesday over whether a Watergate-era law prohibiting the government from collecting data on how Americans exercise their First Amendment rights bars President Trump’s Election Integrity Commission from American’s voting records. U.S. District Judge Royce C. Lamberth of the District set the hearing Monday after Common Cause, a nonprofit government watchdog group, alleged that the Trump administration was violating the Privacy Act of 1974 by seeking the “quintessentially First Amendment-protected political party affiliation and voter history data” of every American. The court could rule on the request for a temporary restraining order as early as Tuesday.

Kansas: Couple complains to Kobach of ‘degrading’ voting experience | The Wichita Eagle

A Wichita couple has written an open letter to Secretary of State Kris Kobach complaining that they were subjected to “degrading, humiliating, demeaning, and unnecessary drama” in casting their votes in Wichita’s District 1 City Council election. Eugene and Mamie Jewel Anderson didn’t get the mail ballots they requested, although they have lived at the same address for 49 years. They had to fill out forms and cast provisional votes when they showed up in person at an advance voting site. In their letter, the Andersons questioned whether where they live – a historically black area of Wichita – may have been part of the difficulties. “Well, we jumped through all of those hoops, and were allowed to cast our Provisional ballots,” the letter said. “However, we are deeply concerned! Will we experience the same degrading, humiliating, demeaning, and unnecessary drama when we request advance ballots for the non-partisan General Election? Or is there a deeper problem of residing in a specific zip code or something else?”

Maine: Secretary of state says he will reject second request for voter registration data | Portland Press Herald

Maine Secretary of State Matt Dunlap said Monday that he is unlikely to release any state voter registration data to the federal voter fraud commission to which he was appointed by President Trump. Dunlap said he will reject a second request for the data from the commission’s vice chairman, Kansas Secretary of State Kris Kobach, who promised last week that the data would be held in confidence at the federal level. But Dunlap said he is uncertain that the federal Freedom of Information Act would allow the data to be protected from disclosure once it is in the federal government’s hands. He said he wants the commission, to which he was appointed in May, to first set goals for what it hopes to achieve as it investigates Trump’s claims of widespread voter fraud.

National: Leader Of Voter Fraud Probe Really Doesn’t Want To Release Trump Meeting Documents | HuffPost

Kansas Secretary of State Kris Kobach (R) continued to fight releasing documents from a meeting with President Donald Trump in November, saying that the public did not need to see them and that disclosing them would impede his ability to serve on Trump’s commission to investigate voter fraud. Kobach, who has lent support to Trump’s claims of widespread voter fraud and exaggerated instances of it in the past, made the argument with his lawyer in a Friday court filing as part of an ongoing lawsuit brought by the American Civil Liberties Union over a Kansas law requiring people to prove their citizenship to vote. As part of the lawsuit, the ACLU is requesting a Kansas federal judge unseal documents that Kobach was photographed holding when he met with Trump in November 2016, as well as a draft amendment to federal voting law, which circulated in his office. The documents contain potential amendments to the National Voter Registration Act, a 1993 law requiring motor vehicle and some other state agencies to provide opportunities to register to vote.

Editorials: The man who may disenfranchise millions | The Washington Post

The day after last fall’s presidential election, Kris Kobach got to work. In an email plotting action items for the new Trump administration, Mr. Kobach, the Republican secretary of state in Kansas and a champion of voter suppression campaigns there and nationally, said he had “already started” drafting a key legislative change that would enable states to impose rules complicating registration for millions of new voters — exactly the sort of rules he had advanced in Kansas, with mixed success. Writing to a Trump transition official, Mr. Kobach said he was preparing an amendment to the National Voter Registration Act to allow states to demand documentary proof of citizenship for new registrants.

Arizona: Trump taunts states, like Arizona, that denied voter data to task force | Cronkite News

Arizona election officials had sharp words Wednesday for President Donald Trump after he suggested that states that are withholding voter information from a presidential commission have something to hide. “What are they worried about?” Trump asked, during remarks at the first meeting of the Presidential Advisory Commission on Election Integrity. “There’s something, there always is,” Trump said. “We could say the same thing about him,” shot back Pima County Recorder F. Ann Rodriguez. “What is he hiding in his taxes?”

Editorials: What does the US election integrity commission need to be credible? Some actual experts | Michael Halpern and Michael Latner/The Guardian

Last Wednesday, the US Presidential Advisory Commission on Electoral Integrity (PACEI) held its first meeting, with many election experts and political observers anxious to get clarity on the group’s composition and stated objectives. But even before its first meeting, experts have called it a sham and orchestrated chaos, and have accused it of breaking the law. Our assessment of the first meeting is that, as currently structured, the commission will almost certainly create more problems than it solves. The most remarkable thing about the first meeting is not who was there and what was said, but rather who was not there and what was not said. Election integrity commissions are traditionally bipartisan affairs, and have been led by major figures from both parties, like Jimmy Carter and Jim Baker. This commission is headed by Republicans Kris Kobach and Vice-President Mike Pence. Only two notable Democrats, Maine and New Hampshire Secretaries of State Matt Dunlap and Bill Gardner, have agreed to serve on the 15-member panel.

Kansas: Kobach Statements ‘Demonstrate a Pattern’ of Misleading Claims | The Atlantic

Kansas Secretary of State Kris Kobach could use a little credibility at the moment. President Trump’s so-called election-integrity commission, of which he is the de facto chief, has come under suspicion for both its methods and its purpose. But citizens seeking assurance about Kobach’s motives won’t find that from the federal courts. In a ruling yesterday, flagged by the indefatigable Rick Hasen, Judge Julie Robinson of the U.S. District Court of Kansas rejected Kobach’s request that she overturn a $1,000 fine levied on him by a U.S. magistrate judge. That wasn’t the most significant part of the ruling. Over 13 pages, Robinson carefully lays out ways in which Kobach appeared to be playing fast and loose with the facts in the lower court. And in affirming Magistrate Judge James O’Hara’s fine, she became the second federal judge to deem Kobach at the very least misleading in his court appearances. …  Robinson, a George W. Bush appointee, continued that “these examples… demonstrate a pattern, which gives further credence to Judge O’Hara’s conclusion that a sanctions award is necessary to deter defense counsel in this case from misleading the Court about the facts and record in the future.” In the dry language of federal courts—a federal judge is unlikely to call a statewide official a liar—that’s a stinging judgment on Kobach’s honesty.

National: Kris Kobach says Trump’s fraud panel will keep voter data secure. Some states aren’t buying it | Los Angeles Times

After weeks of legal battles and bipartisan pushback from top election officials nationwide, President Trump’s voter fraud commission has renewed a message for the states: It’s safe to pass along your data about voters. “Individuals’ voter registration records will be kept confidential and secure throughout the duration of the commission’s existence,” Kris Kobach, vice chairman of the commission, wrote in a letter sent late Wednesday to all 50 secretaries of state. Even so, by Thursday, much of the criticism that greeted an earlier request from the commission was repeated by election officials and activists, who have expressed concerns about privacy and have called the panel both a sham created by an insecure president and a tool to suppress votes. … The letter from Kobach is the second in less than a month requesting that secretaries of state submit voter data to the so-called Presidential Advisory Commission on Election Integrity.

National: Voter fraud commission will almost certainly ‘find’ thousands of duplicate registrations that aren’t duplicates. Here’s why. | The Washington Post

Did Vice President Pence commit voter fraud? You might think so, if you looked at voter registration data that includes only each voter’s name and birth year. Mike Pence registered to vote eight times and cast seven ballots across six states in the November 2016 election. But you would be wrong. Each of these registration records belongs to a different person. Their only crime is that they share their name and were born in the same year as the vice president. The Presidential Advisory Commission on Election Integrity, led by the vice president, has gotten considerable attention for requesting voter registration information (including names, birthdays and Social Security numbers) from each state. Presumably, the commission will use the names and birthdays in these lists to identify potential duplicate registration records between states.

Editorials: Trump’s Election Integrity Commission is illegal and unconstitutional — that’s why we filed a lawsuit | Sherrilyn Ifill /Salon

The NAACP Legal Defense and Educational Fund recently filed a lawsuit in federal court challenging President Trump’s Election Integrity Commission as illegal and unconstitutional. Our complaint makes clear that to falsely allege that voter fraud exists is nothing more than a pretext for the suppression of Black and Latino voters. Ours is the seventh suit against the commission, and the first to allege that it discriminates against voters of color. Statements made by President Trump and his surrogates demonstrate the connection between race and the commission’s search for voter fraud. Without offering any evidence, the president has repeatedly claimed that voter fraud is rampant in the U.S. and that he lost the popular vote in the 2016 election because of millions of “illegal” votes cast for Hillary Clinton. He has couched these allegations in racially coded terms, implying that voter impersonation is perpetrated mostly by immigrants or residents of predominantly Black urban centers. A few weeks before the election, then-candidate Trump told a predominantly white crowd in Wilkes-Barre, Pennsylvania, “I just hear such reports about Philadelphia. … We have to make sure that this election is not stolen from us and is not taken away from us.” He added: “Everybody knows what I’m talking about.”

Colorado: No evidence 5,000 Colorado voters who unregistered were ineligible to vote, secretary of state says |

There is no evidence any of the more than 5,000 Colorado voters who have withdrawn their registrations following the Trump administration’s request for voter information were ineligible to participate in elections, Secretary of State Wayne Williams said Thursday. “It’s my hope that citizens who withdrew their registration will re-register, particularly once they realize that no confidential information will be provided and that the parties and presidential candidates already have the same publicly available information from the 2016 election cycle,” Williams said in a written statement. “Clearly we wouldn’t be asking them to re-register if we didn’t believe they were eligible.” Williams’ remarks come as his office prepares in the coming days to send publicly available voter data — including names, addresses, party affiliations and birth years — to the Presidential Advisory Commission on Election Integrity. Julia Sunny, a spokeswoman for Williams, said the information is slated to be submitted by Monday night.

Maine: Dunlap balks at Trump fraud panel’s new request for Maine voter data | Bangor Daily News

Maine Secretary of State Matthew Dunlap’s office said Thursday that a second request for state voting data from President Donald Trump’s voter fraud commission raises concerns about the panel’s work. The Presidential Commission on Election Integrity’s vice chairman, Kansas Secretary of State Kris Kobach, sent letters to Maine and other states on Wednesday seeking personal voter information. It’s similar to a June request to all states that was rejected by Dunlap’s office. However, Kobach’s second request says identifiable voter information won’t be made public — only summarized — and will be deleted by the federal government when the panel is done. His first request said identifiable information would be public.

California: President Trump’s voter fraud panel asks again for data from California – and again the answer is no | Los Angeles Times

For the second time in less than a month, California’s chief elections officer has refused to hand over data to President Trump’s voter fraud commission, arguing on Wednesday that the inquiry is still part of an “illegitimate” exercise. “I still have the same concerns,” Secretary of State Alex Padilla said. “I can’t in good conscience risk the privacy of voters in California with this commission.” The Presidential Advisory Commission on Election Integrity, which met for the first time last week, originally asked for the information from California and other states on June 29. A federal court refused last week to block the commission’s request, though as many as 21 states have insisted they won’t hand over details on voter names, addresses and political party affiliations.

Editorials: Kris Kobach and Kansas’ SAFE Act | Chelsie Bright/The Conversation

If you want to understand President Donald Trump’s voter fraud commission, it helps to study what happened in Kansas. Six years before Trump was tweeting about stolen elections and unsubstantiated claims of millions of fraudulent votes, Kris Kobach, the Kansas secretary of state, was promoting the idea that widespread voter fraud threatens the integrity of our electoral system. It should come as no surprise that Trump chose Kobach to be the vice chairman of Vice President Mike Pence’s new Commission on Election Integrity. This appointment gives Kobach a national platform by which to pursue his agenda. Kansas’ voter ID law went into effect when I was a graduate student at the University of Kansas. The pervasive campaign promoting the new law piqued my interest. My co-author and I set out to assess the impact advertisements – specifically, the “Got ID?” campaign – had on voter turnout during the 2012 election.