Category Archives: election administration

“Johnson’s ‘intuition’ clashes with data on illegal voting”

The Hill: The numbers, agreed on by both left- and right-of-center institutes, speak for themselves:

“The Brennan Center study from the 2016 general election showed an estimated 30 incidents of suspected — not confirmed — noncitizen votes out of 23.5 million, which is 0.0001 percent of the votes cast. So the Speaker’s intuition is incorrect,” she told The Hill.

That’s a conclusion that’s also been reached by the libertarian Cato Institute, with one of its experts calling the claims one of the “most frequent and less serious criticisms” relating to migration.”

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“Pritzker signs election bill that would favor Democrats in November”

The Chicago Tribune has this coverage of a new election law in Illinois that changes the rules of ballot access in the middle of an ongoing campaign:

Gov. J.B. Pritzker has signed into law a comprehensive election bill that would give Democrats a significant advantage toward keeping their legislative majorities before any votes are even cast in the Nov. 5 general election.

Democrats already enjoy legislative supermajorities in the Illinois House and Senate thanks to district maps drawn by party leaders following the 2020 federal census that were crafted to minimize Republican opposition.

But the election bill given final approval by Senate Democrats Thursday, a day after the bill passed the House, would further help Democrats maintain control in the next General Assembly.

Under the new law, local political party organizations can no longer appoint candidates to fill out legislative ballots where the party did not field a primary candidate. Previous law allowed the appointment process within 75 days of the primary.

Capitol News Illinois has more. And The Center Square has a piece, “Candidates feel ‘cheated, violated, robbed’ after Pritzker enacts law ending slating.” (The bill does a lot of other things, too, like moving its quite early presidential nomination deadline up a month earlier, and adding three non-binding and unrelated referenda to the fall ballot.)

One can, of course, oppose the idea of “slating” and prefer that candidates petition, in the abstract and as a general matter. But, the reason many candidates did not petition was the fact that they relied on existing rules to allow them to be “slated” by the party for the general election. That rug has been yanked out from under them, leaving a number of uncontested elections in the upcoming election. Cold comfort offered here from one Illinois legislator: “‘A candidate who would want to run for General Assembly seat after the primary will have to run, as they can today, as an independent or a third-party candidate,’ Harmon said.”

While I typically prefer to share stories without a lot of editorializing, I want to take a moment to offer one small observation. I waited for a couple of day to see how other media outlets would cover the story. After all, we are in an era where there is an explosion in journalists who identify as covering the “democracy beat” or looking for a “democracy angle” in stories. I wondered how the Washington Post, the New York Times, the Associated Press, or CNN might cover these stories. After all, they are quite attuned to what local county officials in Nevada or Arizona are doing with respect to counting ballots, or every twist and turn of an election bill in Georgia. How about this? As far as I can tell, there hasn’t been any coverage in these or many other major media outlets of America’s sixth-largest state changing the rules of an election in the middle of the campaign to deprive hundreds of thousands of voters of the opportunity to choose a candidate of their preference, and as a number of candidates who behaved in a way relying on existing laws have lost their opportunity to seek office. But there is still time for coverage, of course, particularly as I imagine litigation is coming.

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“A group of Republicans has united to defend the legitimacy of US elections and those who run them”

AP:

Sterling, the chief operating officer for the Georgia Secretary of State’s Office, is part of an effort begun after the last presidential election that seeks to bring together Republican officials who are willing to defend the country’s election systems and the people who run them. They want officials to reinforce the message that elections are secure and accurate, an approach they say is especially important as the country heads toward another divisive presidential contest.

The group has held meetings in several states, with more planned before the Nov. 5 election.

With six months to go before the likely rematch between Democratic President Joe Biden and former Republican President Donald Trump, concerns are running high among election officials that public distrust of voting and ballot counting persists, particularly among Republicans. Trump, the presumptive GOP nominee, continues to sow doubts about the last presidential election and is warning his followers — without citing any evidence — that Democrats will try to cheat in the upcoming one.

This past week, during a campaign rally in Michigan, Trump repeated his false claim that Democrats rigged the 2020 election. “But we’re not going to allow them to rig the presidential election,” he said.

Just 22% of Republicans expressed high confidence that votes will be counted accurately in November, according to an Associated Press-NORC Center for Public Affairs Research poll last year.

“It’s an obligation on Republicans’ part to stand up for the defense of our system because our party — there’s some blame for where we stand right now,” said Kentucky’s secretary of state, Michael Adams, who is part of the group and won reelection last year. “But it’s also strategically wise for Republicans to say, ‘Hey Republicans, you can trust this. Don’t stay at home.’”

The effort, which began about 18 months ago, is coordinated by the SNF Agora Institute at Johns Hopkins University and the center-right think tank R Street Institute. The goal has been to start conversations about trust in elections, primarily among conservative officials, and to develop a set of principles to accomplish that.

“This has never been and will never be about Trump specifically,” said Matt Germer, director of governance for the R Street Institute and a lead organizer of the effort. “It’s about democratic principles at a higher level –- what does it mean to be a conservative who believes in democracy, the rule of law?”…

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“Trump campaign sues Nevada for accepting mail ballots that trickle in after Election Day”

Nevada Independent:

The Trump campaign and its allies filed a lawsuit Friday challenging a Nevada law allowing elections officials to accept mail ballots for up to four business days after Election Day, as long as they are postmarked before polls close.

The lawsuit alleges that the four-day period for mail ballots to be received violates federal law because it does not conform to the Election Day deadline established by the federal government. Attorneys for the plaintiffs, which include the Republican National Committee and the Nevada Republican Party, argue that the law establishing the ballot timeline is therefore “unlawful and must be enjoined.”

“The result of Nevada’s violation of federal law is that timely, valid ballots are diluted by untimely, invalid ballots, which violates the rights of candidates, campaigns, and voters under federal law,” attorneys wrote in the lawsuit filed in federal district court in Nevada.

I expect this lawsuit to fail like the others raising similar claims around the country. The point of these suits appears to be to make it look like the RNC is doing something about claimed fraud and irregularities.

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“Two months to count election ballots? California’s long tallies turn election day into weeks, months”

AP:

Nearly two months after the election, a recount settled the outcome in a Northern California U.S. House primary contest, breaking a mathematically improbable tie for second place but also spotlighting the lengthy stretch it took count the votes.

Most California residents vote by mail, and in the pursuit of accuracy, thoroughness and counting every vote, the nation’s most populous state has gained a reputation for tallies that can drag on for weeks — and sometimes longer. Voting in the state’s primary election concluded on March 5.

At time when many Americans have doubts about election integrity, a two-month stretch to tally votes in one House race “absolutely is a problem from an optics point of view,” said Kim Alexander, president of the nonpartisan California Voter Foundation, which seeks to improve the voting process….

A tally of votes in early April showed the top spot was claimed by former San Jose Mayor Sam Liccardo, a Democrat. Two other Democrats were deadlocked for the second spot with 30,249 votes each — state Assembly member Evan Low and Santa Clara County Supervisor Joe Simitian.

That tally was followed by a recount and disputes over contested ballots that concluded Wednesday, with Low picking up a five-vote advantage in the recount to claim the second spot on the November ballot.

The contest will not play into control of the narrowly divided House, which will be decided in swing districts being contested by Democrats and Republicans around the country.

The voter foundation’s Alexander said one of the problems behind lengthy counts is tight budgets for county election officials who do the laborious work. She said there is no direct funding from the state to administer elections, so counties are limited in how many people can be hired to review ballots and what kind of equipment is used. And close contests mean long vote counts.

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California: “Many O.C. residents skeptical of election results, potentially swaying key races, poll finds”

LAT:

Alex Lopez doesn’t contest that Joe Biden was elected president in 2020.

His concern lies with how those results came to be.

“By the numbers? He absolutely won it. Ethically? Probably not,” said the 38-year-old Anaheim resident, who works as a logistics coordinator.

Questions about the integrity of the election process have been stoked nationally for years, in large part because of former President Trump’s claims that victory was stolen from him.

The same goes for Orange County, where 26% of adults surveyed in a UC Irvine poll released this month said they did not believe Biden legitimately won the presidency in 2020, with another 17% unsure about the question.

In a purple county with several key races that could help determine the balance of power in Congress, these doubts could cause voters to stay home in November — particularly conservative voters.

A majority of the O.C. Republicans surveyed for the poll — 55% — thought Biden had not won fairly, while most Democrats — 88% — believed the election results.

A majority of people surveyed who aren’t members of either party said Biden won legitimately. However, 23% said he didn’t, and the same percentage didn’t know.

“Distrust in the election system may very well convince some people not to participate, and what we’re seeing is that people who distrust it more tend to skew to the right, and so that would hurt Republicans,” said Jon Gould, dean of the UCI School of Social Ecology, who spearheaded the poll….

Orange County Registrar of Voters Bob Page started conducting open tours of the ballot counting operation in Santa Ana during the 2022 midterms in an effort to show people the process and alleviate concerns.

But election skepticism and allegations of a “rigged” voting system have persisted.

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“Georgia’s election integrity laws could create ‘hovering threat’ for poll workers in 2024”

USA Today:

In Georgia, in particular, a series of election rules passed over the last three years threaten to overburden election officials and, in some cases, issue criminal penalties against them. New election measures passed by the Republican-led state legislature in late-March that are awaiting a signature from Gov. Brian Kemp could further hamper the way elections offices operate if enacted, experts say.

Liz Avore, lead author of the Voting Rights Lab report, argued that these laws take “steps toward almost treating election officials like they are suspects in a crime” and “treating election offices like they’re crime scenes.” 

For the election workers that USA TODAY spoke with, however, the main concern is that the heightened regulations may hinder the recruitment of poll workers for the 2024 election who play a vital role in elections administration.

Republican leaders in the state, including Kemp and current Secretary of State Brad Raffensperger have defended the new laws, arguing that they bring enhanced security and provide clarity around laws for election officials.

Raffensperger said he didn’t see an issue with poll worker recruitment in 2022 after some of the initial election laws were passed, and doesn’t expect to see any in 2024. He also lauded Republican officials’ work in recent elections.

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“WV will NOT accept voter registrations collected by Biden Administration”

Justin here.  The title of this post is the header of the email version of a press release issued earlier this week by the office of WV Secretary of State “Mac” Warner, currently running for governor.

I’m pretty sure the title’s not true. But we’ll get there in a sec.  (It’s not the only piece of inaccurate information in the release.)

The press release is a broadside against a fictional version of Executive Order 14019, the President’s directive that federal agencies review their authorities to “consider ways to expand citizens’ opportunities to register to vote and to obtain information about, and participate in, the electoral process.”  (Disclaimer: I had no part in drafting the EO, but in my role as a federal official, I had a hand in helping to implement it, including listening to state election officials — Secretary Warner among them — during consultative conversations that Secretary Warner asserts didn’t exist.)

The release claims that the EO is an unconstitutional direction to federal agencies to “take over voter registration processes from states.”  It cites, as support, half of the constitutional foundation for the EO, in noting that “Article 1 Section 4 of the U.S. Constitution says the times, places, and manner of holding elections, shall be left to the state legislatures.” 

There are other words after that snippet, of course: Congress may at any time change that default.  And Congress has.  The NVRA directs states to designate specific government offices as one-stop voter registration agencies — including federal recruitment offices for the armed forces, as a means to facilitate electoral participation by servicemembers.  Those recruitment offices are part of the Biden Administration.  And contrary to the Secretary’s email header, it’s hard to imagine that Secretary Warner, himself a veteran, plans to refuse the servicemembers’ voter registrations collected there.

The NVRA also permits states to designate as one-stop registration agencies other state offices, and offices of federal agencies with the agreement of those offices.  And it requires, to the greatest extent practicable, federal executive agencies to cooperate with states in effectuating those designations. 

The heart of the EO is just carrying out this congressional demand.  (There are other bits too, like explaining the proper and improper uses of agency funds, but the heart is effectuating the NVRA’s mandate.) 

Nobody’s taking over voter registration processes from the states.  Several states not attempting to turn customer service into conspiracy theory have worked with agencies to help constituents get registered to vote while they’re doing other government paperwork.  In 30 years of the NVRA’s existence, the first state to designate a federal entity’s office as a voter registration site was Kansas, when it designated Haskell Indian Nations University (operated by the Department of the Interior) in May 2022.  The second was New Mexico, designating the Southwestern Indian Polytechnic Institute (also operated by DOI), two months later.  Kentucky and Michigan and Pennsylvania have announced partnerships with the Department of Veterans Affairs to let veterans more efficiently register to vote.  Those federal agencies are ready to partner with red states and blue states and purple states in part because the executive order told them to be.

VA sites can only be designated as one-stop voter registration agencies if states step forward: without West Virginia’s blessing, no VA site in West Virginia will be acting as a designated site.  I think it’s great that veterans in Kentucky will have more opportunities to smoothly register to vote while they’re already filling out paperwork, and a shame that there’s resistance just over the border to offering other veterans the same — but no matter how politically convenient it may be to conjure into rhetorical existence a strawman federal takeover, EO 14019 in no way limits West Virginia’s continuing choices about how best to serve its would-be voters.  If the press release portends a fight, it’s a fight with nobody on the other side.

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“Election worker turnover has reached historic highs ahead of the 2024 vote, new data shows”

Jane Timm for NBC News:

Election officials across the country are leaving their jobs at the highest rates in decades, according to new research shared first with NBC News, putting thousands of new officials in place to oversee a tense and high-stakes 2024 presidential contest. 

At least 36% of local election offices have changed hands since 2020, following a similar exodus in the run-up to the midterms in 2022, when 39% of jurisdictions had new lead election officials from four years previously. Both points in time represented the highest four-year turnover rates in two decades, a development that worries election experts and officials who say such jobs are complex and come with a steep learning curve and no margin for error. And 2024’s turnover rate could continue to rise as the year goes on.

Election workers have been exposed to unprecedented scrutiny, threats and harassment following the presidential election in 2020, when Donald Trump falsely claimed the election was stolen and made baseless claims of voter fraud. And as Trump seeks the presidency for the third time, he has continued to predict voter fraud — seeming to lay the groundwork to again claim the election was stolen if he loses in November.

While the turnover rate has jumped in recent years, researchers found that it has been gradually rising for years, suggesting that both new and long-standing challenges are driving administrators from their jobs. From 2000 to 2004, about 28% of local election officials left their jobs. Four years later, 31% of election offices had changed hands.

Experts say that dynamic only reinforces the need to provide better funding and support for election workers to ensure the smooth administration of future elections.

“This gradual increase that we’ve seen over the last two decades really does highlight the need for comprehensive, coordinated strategies that seek to better fund election administration, that seek to reduce the burdens being placed on these election administrators,” said one of the study’s co-authors, Rachel Orey, senior associate director at the Bipartisan Policy Center’s Elections Project. “Because clearly, this isn’t something that only happened back in 2020.”

The research was conducted by UCLA researchers Daniel M. Thompson and Joshua Ferrer, who spent years collecting lists and directories of election officials in counties and municipalities around the country to produce the most accurate and expansive picture of election worker turnover available yet. Their data was analyzed and published in partnership with the Bipartisan Policy Center, a Washington, D.C., think tank, in an effort to better understand turnover as election administrators face harassment, violent threats and increasingly complex and heavy workloads….

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“Inside the Election Denial Groups Planning to Disrupt November”

Wired:

As the most consequential presidential election in a generation looms in the United States, get-out-the-vote efforts across the country are more important than ever. But multiple far-right activist groups with ties to former president Donald Trump and the Republican National Committee are mobilizing their supporters in earnest, drawing on one baseline belief: Elections in the US are rigged, and citizens need to do something about it.

All the evidence states otherwise. But in recent weeks, these groups have held training sessions about how to organize on a hyperlocal level to monitor polling places and drop boxes, challenge voter registrations en masse, and intimidate and harass voters and election officials. And some are preparing to roll out new technology to fast-track all of these efforts: One of the groups claims they’re launching a new platform for checking voter rolls that contains billions of “data elements” on every single US citizen.

These groups could have a major impact on the 2024 election. In addition to disenfranchising voters and putting additional pressure on already overstretched election offices, they could convince more and more people that US elections are fraudulent.

Catherine Engelbrecht and her organization True the Vote have effectively tried to disenfranchise voters for more than a decade by claiming that voter rolls are filled with phony voter registrations. Engelbrecht’s rhetoric was given an unprecedented boost in the wake of 2020, when Trump and other elected officials mainstreamed conspiracies that the elections had been rigged in favor of Democrats. Hundreds of national and local election denial groups were formed, and many of them amassed huge followings on social media platforms like Telegram. As the 2024 presidential election looms, they are ramping up efforts to do it again.

“It could be exponentially worse than what we saw in 2020, but we’re going to be awake, we’re going to be engaged, we are going to understand the process, and we’re going to have options to continue to hold to those truths,” Engelbrecht said during a March webinar titled “Election Integrity Team Building 101.” “We’re not going to back down. There’s too much to lose.”

The hour-long presentation was delivered from a hotel room in Denver, with Engelbrecht laying out what could sound like a relatively benign plan to monitor elections and check voter rolls. “Keep a soft heart, keep a kind word in your mouth, approach people irrespective of party with love. You will find that things will be much better if that is the approach that is taken,” Engelbrecht said. The session, she said, was overbooked.’

Engelbrecht then began speaking about elections being “perilously close to cracking in half,” and her presentation became a highlight reel of election conspiracies, references to crystals, Christian nationalist rhetoric, and militaristic jargon. “If this republic’s to be saved, it’s because [of] people like all of you that are on this webinar right now. There are some bad actors out there and we live in particularly chaotic and caustic times,” said Engelbrecht. “If we wait on somebody to do something, we will watch freedom slip away on our watch. That’s how close we are.”

“These groups are trying to lay the groundwork to potentially make later claims about the election that very well may be false. But the more chaos that can be caused along the way will give more fodder to that disinformation,” Andrew Garber, an expert at the Brennan Center for Justice’s Voting Rights and Elections Program, tells WIRED. “It’s not just bad if there’s a mass voter challenge because people might get kicked off the rolls. It’s also bad if people then take that challenge and say, ‘See, look at all these ineligible voters,’ when in fact that’s not the case.”…

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“Tarrant County approves use of pre-numbered ballots. Do they ensure election integrity?”

Fort Worth Star-Telegram:

The Tarrant County Election Board Tuesday approved an initiative to use pre-numbered ballots in the general election in November. 

In a briefing to the county commissioners ahead of the board’s vote, Tarrant County Election Administrator Clint Ludwig said that pre-numbered ballots would increase election security and allow for more accurate auditing in the case of voter fraud inquiries. 

The practice, however, is outdated, largely unused by electoral authorities elsewhere in the United States and, contrary to proponents’ claims, could actually facilitate voter fraud, rather than prevent it, according to legal, political and computer science experts. 

Ballots in Tarrant County already receive a unique identifying number at the moment of voting, and adding more identifying information to voters’ ballots could potentially make it easier for bad actors to commit fraud like vote buying and voter coercion, according to David Kimball, a political scientist and ballot design specialist at the University of Missouri-St. Louis.

“The best thing preventing vote buying is the secret ballot,” he said in a phone interview. 

Ballots in federal elections are available for public viewing for 22 months after the election. If a person’s vote is tied to a specific number, then someone who has bought or coerced votes could use the pre-numbered ballot list to confirm that they got their bribe or intimidation obtained the desired result. 

Kimball said that pre-numbering ballots is “extremely rare” in the United States and that most ballots cast in the country have no identifying numbers at all on them. “I don’t know that anybody does it,” he said. “You want the ballots to be anonymous.” 

Andrew Appel, a computer scientist at Princeton University who has done extensive research on voting machines, pointed to the same risks associated with serial numbers on ballots. 

“The secret ballot is pretty important as a principle, since well over 100 years ago, to prevent people from being paid or coerced to vote a certain way,” he said in a phone interview. 

The best way to prevent ballot stuffing and other types of fraud mentioned by proponents of pre-numbered ballots is to staff polling places with a sufficient number of adequately trained election workers, Appel said. 

“The standard practice is to have enough confidence in your poll workers and to pay enough attention to poll worker training,” he said, adding that staffing polling places with multiple election workers is another age-old tactic for avoiding fraud. “One dishonest poll worker can’t stuff ballots, because there’s another poll worker that can keep an eye on that.”…

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“Wisconsin voters OK amendments aimed at private election grants after ‘Zuckerbucks’ scrutiny”

Milwaukee Journal-Sentinel:

Wisconsin voters on Tuesday approved two referendums that change the state Constitution to prohibit clerks from using private grants to administer elections and add that only appointed election officials can perform tasks to conduct elections.

With over 99% of the vote reported by Wednesday morning, 54.4% of voters approved the first question and 58.6% had approved the second. A majority of Wisconsin voters must vote in favor of a constitutional amendment in order for it to go into effect.

Because a majority of voters selected “yes,” clerks will no longer be able to apply for, accept or use private donations and grants, and the state Constitution will include that only election officials designated by law can perform tasks to conduct elections.

An analysis from the Legislature’s nonpartisan attorneys found that state law already says only appointed election officials can conduct elections, but doesn’t say what activities count as conducting an election. Liberal groups that opposed the referendum worried the lack of clarity could lead to lawsuits….

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“Prioritizing the People in the Procurement of Election Infrastructure”

Dennis Mema has posted this draft on SSRN (53 Pub. Con. L. J. 261 (2023)). Here is the abstract:

The continuous and successful holding of elections stands as one of the foundational pillars of American democracy. In the two decades since the passage of the Help America Vote Act (HAVA), federal, state, and local actors have worked in tandem to improve election administration, and, through funding provided by Congress to the U.S. Election Assistance Commission (EAC), states have been given the means to implement federal best practices. However, there exists a glaring gap wherein many states have diverged from both federal best practices and the behavior of other states—the procurement of election infrastructure such as ballots, voting machines, and tabulators. The procurement processes of some states impose inefficiencies or otherwise negatively impact the administration of elections, while the processes present in others can much more effectively facilitate the resolution of these issues. These processes can have a direct impact on voting rights and the security of election administration. Congress should create a federally implemented procurement standard within HAVA that states must meet in order to receive additional EAC funding; by doing so, the interests of all American voters may be protected at the highest level.

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