Category Archives: fraudulent fraud squad

“Catalysts of Insurrection: How White Racial Antipathy Influenced Beliefs of Voter Fraud and Support for the January 6th Insurrection”

Tye Rush, Chelsea Jones, Michael Herndon, and Matt Barreto have written this article for the Journal of Race, Ethnicity and Politics. Here is the abstract:

On January 6, 2021, the belief that voter fraud was to blame for Trump’s 2020 loss led thousands of people to storm the Capitol during election certification, aiming to occupy it by force to stop this process. While only thousands participated, millions more voiced their support for the insurrection, and this begs the question: What explains perceptions of voter fraud and support for the January 6 insurrection? Recent studies establish that White conservatives are more likely to believe that voter fraud is a rampant problem, linking these perceptions to state efforts to expand access to voting systems where racial minority groups stand to gain equality. Using a combination of pre-election, post-election, and post-insurrection survey data, we examine the link between White racial attitudes and perceptions of voter fraud and views toward the insurrection. We argue that White racial attitudes are pivotal in explaining the perceptions of voter fraud that led to the January 6 insurrection. We find that White Americans with a bias for their own racial in-group over racial out-groups are likelier to doubt the election results after Donald Trump was declared the loser, though not before. We find these same attitudes are statistically associated with sympathy for the insurrection and insurrectionists.

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Department of Insanity (and Inanity): “Warner, Who Said CIA Stole Election, Now Leads DOJ Civil Rights”

Bloomberg Law:

The Justice Department has inserted Mac Warner, who last year espoused false claims that the CIA stole Trump’s 2020 presidential victory with the FBI’s help, to run the civil rights division, replacing an ousted career official who’s started reporting to the new sanctuary cities office.

Warner, West Virginia’s former secretary of state, embraced conspiracy theories about the 2020 election while running in the state’s GOP gubernatorial primary.

Warner told DOJ civil rights staff Monday that he’s assumed control of the division, according to an email obtained by Bloomberg Law. He’ll function as the top official until Harmeet Dhillon, another 2020 election denier who Trump selected to lead the anti-discrimination enforcement office, wins Senate confirmation.

Warner’s oversight of a division bracing for a dramatic shift in priorities, coincides with former acting head Kathleen Wolfe’s departure to a DOJ sanctuary cities initiative that she and three other career civil rights supervisors were forced by the Trump administration to accept if they wanted to keep their jobs.

In 2017, when Warner, a former US Army attorney, previously began a new leadership role—his first of two terms as West Virginia’s chief elections officer—he quickly fired 16 employees. His dismissals of mostly registered Democrats ended up costing state taxpayers more than $3 million in wrongful termination settlements.

Warner is now joined in the civil rights front office by Michael Gates, a Trump loyalist who’s spent the past decade as the elected city attorney for Huntington Beach, California. Gates, like Warner, has battled Democrats on voter identification and other election policies. He’s serving as the deputy assistant attorney general in the civil rights division, Warner’s Monday email said.

The division’s voting section has jurisdiction over suing states and localities for racially discriminatory election laws. It also conducts investigations of hate crimes and police misconduct, and is expected to take the lead in advancing the Trump administration’s efforts to curb diversity, equity, and inclusion policies.

We’ve covered Warner on ELB before, such as this and this.

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“NC elections officials seek to fast-track state Supreme Court race battle”

WRAL:

The North Carolina Board of Elections asked the state Supreme Court to use its power to bypass the state Court of Appeals and take up Republican Jefferson Griffin’s election challenge — a case that could determine whether Griffin wins a seat on the high court.

Griffin, currently a state appeals judge, finished the November general election more than 700 votes behind Democratic incumbent Justice Allison Riggs. The slim margin was upheld by two statewide recounts, but the result hasn’t been certified while Griffin challenges the eligibility of tens of thousands of voters….

A Feb. 7 hearing in Wake County Superior Court resulted in a ruling in the election board’s favor, denying Griffin’s request to throw out the challenged votes. Griffin has appealed that ruling.

In its petition to the Supreme Court, the state elections board says the case raises legal issues of “exceptional public importance,” and should be settled as soon as possible….

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“Musk-linked group offered $5m for proof of voter fraud – and came up with nothing”

Brendan Fischer and Emma Steiner in The Guardian:

In May 2024, a flashy ad went viral on social media warning that “across the country, there are real cases of fraud and abuses of the [election] system that have eroded our trust”. The ad pledged that “whistleblowers” who shared evidence of election fraud “will be rewarded with payment from our $5m fund”.

This reward was courtesy of a just-announced group, the Fair Election Fund, which has deep connections to Elon Musk’s political network, according to materials obtained by Documented.

The Fair Election Fund pledged that “the bulk of the group’s budget will be devoted to paying whistleblowers” for sharing their stories, and that it would launch “aggressive paid and earned media campaigns” that would “highlight these cases”.

It was followed by another ad that ran in swing states during the Olympics and told viewers “you could be eligible for compensation” for sharing evidence of election fraud.

Despite the group’s high-profile, deep-pocketed backers and lucrative bounty offers, it never revealed any evidence of voter or election fraud. Instead, the group took a series of unrelated detours into tangential areas like third-party ballot access, and its effort to uncover fraud reaffirmed what numerous studies, court rulings and bipartisan investigations have concluded: voter fraud is extremely rare.

The lack of evidence has not stopped Republicans in Congress and state legislatures from continuing to push restrictive voting laws aimed at addressing this phantom threat. Meanwhile, Musk is claiming that “fraud” justifies his efforts to slash government operations, but similarly has not revealed much evidence.

The Fair Election Fund has now gone radio silent. Sitemap data shows that the website has not been updated since October, and the X/Twitter account for the group has not posted since November. The group’s spokesperson, former representative Doug Collins, became Trump’s veterans affairs secretary, and is now also leading the office of government ethics….

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“Former Sheriff Hayden investigated Johnson County’s top election official, records show”

KC Star:

Former Johnson County Sheriff Calvin Hayden investigated Johnson County Election Commissioner Fred Sherman over allegations of voter intimidation, according to records obtained by The Star. The case was the only one Hayden, a Republican, ever sent to Johnson County District Attorney Steve Howe during his years-long investigation into election fraud. The inquiry never found any election fraud but helped stoke baseless conspiracy theories that the county’s elections were somehow tainted.

The Johnson County Sheriff’s Office, now led by Democrat Byron Roberson, and Howe, a Republican, both confirmed in separate statements last week that Hayden had submitted only one election-related case. Roberson announced last week that he had formally closed the election inquiry. But law enforcement documents provided to The Star in response to a records request now reveal Sherman was the subject of the intimidation investigation. The documents illustrate the extraordinary situation that played out in Johnson County in 2022 as the then-sheriff investigated the county’s top elections official. Howe declined to prosecute Sherman, finding no evidence of a crime….

The records provided on Tuesday include a full narrative report of the Johnson County Sheriff’s Office investigation. While the victim’s name is redacted in the newly-provided documents, the case number matches the partial report previously provided to The Star. In the narrative, Det. Kevin Cronister wrote that the alleged victim in an email alleged that during a July 13, 2022, election worker training, Sherman was disregarding her “beliefs as an American voter and election worker” because Sherman had told her she needed to vote in advance or by mail to be a poll worker on Election Day. The alleged victim said she only believed in voting in-person on Election Day. “Having been required by Fred Sherman to choose between my voting rights and his policy, I felt stripped of my rights,” the alleged victim said, according to Cronister’s narrative report….

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“GOP laws aimed at very rare noncitizen voting could hit eligible voters”

WaPo:

In the months before last year’s election, Alabama removed valid voters from the rolls after wrongly tagging them as noncitizens. Tennessee’s secretary of state told 14,000 voters they had to prove their citizenship. And officials debatedwhetherhundreds of thousands of Arizonans could vote in state races after they discovered they were missing citizenship documentation.

More episodes like those are likely to lie ahead throughout the country.

Republicans in Congress and state legislatures are charging forward with plans to require Americans to prove they are citizens as they say they seek to crack down on noncitizen voting — an almost nonexistent problem.

Voting by noncitizens is already illegal in all state and federal elections, and requiring voters to provide proof of citizenship could make it harder for millions of legitimate voters to cast ballots. Driver’s licenses and other state IDs can be used only for people who provided proof of citizenship to get those IDs, so some people will need to track down other documents.

Many people do not have ready access to birth certificates or passports, including women who changed their names when they got married, rural residents who live far from government offices where birth records are kept, and people who lost documents in fires or floods….

Noncitizen voting is extremely rare, with academic studies finding just a handful of examples out of tens of millions of ballots cast over many years.

This year, laws took effect in Louisiana and New Hampshire requiring people to provide proof of citizenship when they register to vote. The laws are modeled on one in Arizona, where officials continue to struggle with administering a measure voters approved 20 years ago.

The Wyoming House last month passed a bill requiring proof of citizenship, and lawmakers in 13 other states have introduced similar legislation, according to the nonpartisan Voting Rights Lab. Republicans control the legislatures and governor’s office in eight of those states, boosting the legislation’s prospects.

Critics warn that longtime voters — including those who ardently support Trump — could find it harder to vote as more measures are passed and they discover they can’t track down their birth certificate or other documents proving their citizenship….

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“Johnson County Sheriff’s Office finds no evidence of voter fraud in 2020”

Fox4:

After about 880 hours of investigating and $88,000 spent, the Johnson County, Kansas Sheriff’s Office said it has turned up no evidence of voter fraud in 2020.

The sheriff’s office said in September 2021, three people reported 100 allegations of election fraud to former Johnson County Sheriff Calvin Hayden. Hayden in response launched a formal investigation that spanned three years that he oversaw and directed detectives throughout.

Hayden’s handling of the matter has received substantial backlash and national attention after he provided no legitimate pieces of evidence of any fraud or voter manipulation.

Roberson said the complains ranged from allegations of voting machines switching votes to reports of poll workers allowing individuals to vote twice, among other claims….

Roberson said only one case, an allegation of “obstructing of voting privilege” was submitted to the Johnson County District Attorney’s Office for charging consideration in November 2022. Johnson County DA Steve Howe declined to prosecute.

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Will Mitch McConnell Save America from the SAVE Act?

Votebeat:

Lane, one of four congressional staff members on the panel, said the SAVE Act will be a priority for the House this time. He acknowledged a push to consider what a voter identification requirement would look like and potentially revisit at least parts of other voting laws. Among them is a provision in the National Voter Registration Act that requires states to stop systematic cleaning of voter rolls 90 days before a federal election, a sticking point in ongoing litigation against Virginia.

It is far less clear what legislation might be able to draw the 60 votes necessary to overcome a filibuster in the Senate, where Republicans have 53 seats. Tiffany Ge, the majority staff director for the Senate Rules Committee, chaired by Sen. Mitch McConnell, R-Ky., stressed during the panel that federalism is fundamental to election administration, and said it’s important for states and localities to have the flexibility to do things in ways that make sense for them.

During the last Congress, McConnell was an original co-sponsor of Senate legislation that would have let states include a requirement on mail voter registration forms that applicants provide proof of citizenship, though the bill didn’t pass. That could suggest a legislative route he, at least, might support.

Speaking from the audience, Arizona Secretary of State Adrian Fontes, a Democrat, raised several concerns about the SAVE Act, pointing out that not everyone has documents showing proof of citizenship, and said he objected to the part of the legislation that establishes criminal penalties for an election administrator who registers someone lacking the documentation. “They’re doing their best out there,” he said.

Arizona is currently the only state enforcing a requirement for voters to provide documented proof of citizenship. Other states, including New Hampshire and Louisiana, have now passed legislation requiring it, and several state legislatures are considering it or intend to do so, including in Texas and Michigan. Arizona voters who don’t provide it cannot vote in state and local elections….

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“Key Trump Cabinet members refuse to acknowledge Trump lost in 2020”

WaPo:

Two of President Donald Trump’s top law enforcement nominees have been taking a new tack when talking about the 2020 presidential election: They’re not claiming Trump won that year, but they’re not saying he lost either.

Joe Biden was “duly sworn in” after the 2020 election, Trump’s nominee for attorney general, Pam Bondi, told senators at her confirmation hearing.

“President Joe Biden’s election was certified, he was sworn in and he served as the president of the United States,” Kash Patel, who has been tapped to lead the FBI, said at his confirmation hearing.

Neither would say Biden defeated Trump despite dozens of court rulings that upheld the results.

For years, Republicans have toyed with competing rhetorical approaches when discussing an election that Trump falsely insists he won. Russell Vought, Trump’s nominee for White House budget director, has taken a strident approach, telling the Senate in a written answer to questions that he believes the 2020 election was “rigged.” Bondi and Patel used their hearings to test a different strategy common among Republicans — one that avoids embracing lies about the election but doesn’t explicitly rule them out….

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California Appeals Court Publishes Opinion Rejecting Argument That the Elections Code Allows Election Observers to “Breath[e] Down the Necks of the Election Workers”

A California Court of Appeal issued this opinion a few weeks back, but did not deem it suitable for publication. I filed a request for publication, as did the defendant Ventura County election officials and the California State Association of Counties.

Today the court ordered publication and included this new opening paragraph:

The California Election Code makes provisions for those who wish to observe election workers processing and counting mail in votes. The observers must be sufficiently close to the election workers to do so. Here we determine “sufficiently close” does not mean breathing down the necks of the election workers.

This is the first published court opinion I am aware of that construes the meaning of California Election Code 15104.

The case is Election Integrity Project California v. Lunn.

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Trump Floats Disgusting Idea of Tying Disaster Aid for Los Angeles Wild Fires to California Adopting a Strict Form of Voter Identification

This one really hits home. I have friends and family who have lost their homes or otherwise been displaced by the awful recent wildfires. The tradition has been to give disaster aid where it is needed —whether that is Florida, North Carolina, or California—without extortion. What crass political opportunism.

A Texas congressman is already on board.

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“O.C. Registrar of Voters debunks viral election fraud claim”

LA Times:

A recent Orange County Grand Jury report that found no evidence of voter fraud did little to dissuade a false claim of election tampering from exploding on social media soon after.

On Jan. 16, Joe Hoff, a far-right television and radio host, posted a video clip on his website of an Orange County Registrar of Voters worker scanning a batch of ballots three times after the November 2024 elections.

“We don’t know if there is a legitimate reason for the worker’s actions,” Hoff wrote.

Building on suspicion, the video was reposted by “End Wokeness,” an X account that commented Democrats “outperformed” on the ballot in O.C., as a poll worker was “caught” triple-scanning ballots.

The post has since amassed more than 2 million views.

In response, the Orange County Registrar of Voters issued a statement the following day and contended that the security camera footage only shows the worker properly doing her job.

“The employee scanned the batch of ballots twice and then cleaned the scanner before scanning the batch of ballots a third time because during the first two scans some of the ballots were rejected by the scanner,” the statement read. “Given the large number of vote-by-mail ballots we scan during an election, Registrar of Voters employees must regularly clean the scanners.”…

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“Rudy Giuliani held in contempt for second time this week”

Politico:

A federal judge has held Rudy Giuliani in contempt for continuing to falsely accuse two Georgia women of election fraud in 2020, breaching a court order against further attacking them after the pair won a $148 million defamation suit against him.

U.S. District Judge Beryl Howell lit into a visibly frustrated Giuliani — seated in her Washington courtroom — saying she had hoped the voluminous evidence that his attacks on Ruby Freeman and Shaye Moss were false would have caused him to “stop saying such fabricated lies.”

Moss and Freeman urged Howell to hold Giuliani in contempt after discovering comments he made about them — echoing similar claims at the heart of their original defamation lawsuit — on his podcast in November.

On Friday, Howell agreed, and she ruled that Giuliani must within 10 days sign a declaration swearing that he has reviewed all the evidence and sworn testimony refuting his claims about Moss and Freeman, acknowledging that no sworn testimony or government review has contradicted that evidence and affirming that he had a full opportunity to cross examine all witnesses in their lawsuit. Howell said that if Giuliani doesn’t file this declaration within 10 days, she will begin fining him $200 a day.

Howell opted against putting Giuliani in jail, calling that the most serious option in her quiver, but emphasized that if he continues to violate her orders and fails to pay his fines that would likely be the next punishment.

“I am very concerned based on the statements made during this hearing that Mr. Giuliani may not be persuaded to stop making statements that violate the consent judgment in this case without even more severe sanctions in this case,” Howell said….

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“Kansas once required voters to prove citizenship. That didn’t work out so well”

AP:

Republicans made claims about illegal voting by noncitizens a centerpiece of their 2024 campaign messaging and plan to push legislation in the new Congress requiring voters to provide proof of U.S. citizenship. Yet there’s one place with a GOP supermajority where linking voting to citizenship appears to be a nonstarter: Kansas.

That’s because the state has been there, done that, and all but a few Republicans would prefer not to go there again. Kansas imposed a proof-of-citizenship requirement over a decade ago that grew into one of the biggest political fiascos in the state in recent memory.

The law, passed by the state Legislature in 2011 and implemented two years later, ended up blocking the voter registrations of more than 31,000 U.S. citizens who were otherwise eligible to vote. That was 12% of everyone seeking to register in Kansas for the first time. Federal courts ultimately declared the law an unconstitutional burden on voting rights, and it hasn’t been enforced since 2018.

Kansas provides a cautionary tale about how pursuing an election concern that in fact is extremely rare risks disenfranchising a far greater number of people who are legally entitled to vote. The state’s top elections official, Secretary of State Scott Schwab, championed the idea as a legislator and now says states and the federal government shouldn’t touch it.

“Kansas did that 10 years ago,” said Schwab, a Republican. “It didn’t work out so well.”…

To be clear, voters already must attest to being U.S. citizens when they register to vote and noncitizens can face fines, prison and deportation if they lie and are caught.

fter Kansas residents challenged their state’s law, both a federal judge and federal appeals court concluded that it violated a law limiting states to collecting only the minimum information needed to determine whether someone is eligible to vote. That’s an issue Congress could resolve.

The courts ruled that with “scant” evidence of an actual problem, Kansas couldn’t justify a law that kept hundreds of eligible citizens from registering for every noncitizen who was improperly registered. A federal judge concluded that the state’s evidence showed that only 39 noncitizens had registered to vote from 1999 through 2012 — an average of just three a year.

In 2013, then-Kansas Secretary of State Kris Kobach, a Republican who had built a national reputation advocating tough immigration laws, described the possibility of voting by immigrants living in the U.S. illegally as a serious threat. He was elected attorney general in 2022 and still strongly backs the idea, arguing that federal court rulings in the Kansas case “almost certainly got it wrong.”

Kobach also said a key issue in the legal challenge — people being unable to fix problems with their registrations within a 90-day window — has probably been solved.

“The technological challenge of how quickly can you verify someone’s citizenship is getting easier,” Kobach said. “As time goes on, it will get even easier.”…

The U.S. Supreme Court refused to hear the Kansas case in 2020. But in August, it split 5-4 in allowing Arizona to continue enforcing its law for voting in state and local elections while a legal challenge goes forward.

Seeing the possibility of a different Supreme Court decision in the future, U.S. Rep.-elect Derek Schmidt says states and Congress should pursue proof-of-citizenship requirements. Schmidt was the Kansas attorney general when his state’s law was challenged.

“If the same matter arose now and was litigated, the facts would be different,” he said in an interview.

But voting rights advocates dismiss the idea that a legal challenge would turn out differently. Mark Johnson, one of the attorneys who fought the Kansas law, said opponents now have a template for a successful court fight.

“We know the people we can call,” Johnson said. “We know that we’ve got the expert witnesses. We know how to try things like this.” He predicted “a flurry — a landslide — of litigation against this.”…

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