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After a bruising 4 years, a hope for normalcy in American elections

11 November 2024 at 11:00
voters on Election Day

Voters sign in at a polling place in Takoma Park, Md., on Election Day. Voter enthusiasm was high across the country on Tuesday. (Barbara Barrett/Stateline)

America’s voting system was under siege for four years.

Former President Donald Trump’s false claims about fraud in the 2020 election exposed the people who operate our elections to threats and harassment in the run-up to this one. They fortified their offices against potential violence, adjusted to last-minute, politically driven changes in election laws, and fought a relentless stream of lies and disinformation. Going into Election Day, officials and pro-democracy advocates braced for the worst.

What a difference a day — and a result — makes.

Aside from a few hiccups, the U.S. voting process went smoothly this year. The winner of the presidential election was declared early the next morning, few people claimed widespread voter fraud, and the losing candidate conceded defeat.

It was a triumph for democracy, said David Becker, founder and executive director of the Center for Election Innovation & Research, a nonpartisan organization that advises local election officials nationwide.

But he wondered what would have happened had Trump, now president-elect, lost again.

“It’s somewhat telling that we’ve seen fewer fraud claims in the aftermath of an election which former president and future President Trump won,” he said. “But if we can get to the point now where President Trump and his supporters believe in the integrity of our elections, believe in the reality of our integrity of the elections, I will take it.”

Those who study the election process say they have questions: With Trump heading back to the White House, will faith in American democracy rebound? Will Republican lawmakers continue to use the myth of widespread voter fraud to implement further restrictions on mail-in and early voting? And will the threats that have hounded state and local election officials continue?

There’s a lot of uncertainty ahead for U.S. elections, said Kathy Boockvar, the former Democratic secretary of the commonwealth of Pennsylvania. But what is certain is that by fueling distrust in elections, Trump and his allies have done permanent damage in this country, she said.

“Will there be a bump, maybe, because some of these folks now saw their candidate that they wanted to win? Sure,” she told Stateline. “There may be a bump in trust, but it’s not going to erase years and years of intentional dividing American against American, and intentional fueling of distrust of institutions and media.”

What happened to the election fraud?

In his victory speech on Tuesday night, Trump said his win was “a massive victory for democracy.” He made no mention of widespread voter fraud and gave no indication that there were any attempts to steal the election.

He had struck a different tone just hours before.

Earlier in the day, Trump falsely asserted in a Truth Social post that there was a heavy law enforcement presence in Philadelphia and Detroit. Officials in both cities debunked that claim. He also claimed without evidence that there was “massive CHEATING” in Philadelphia, which local officials, including Republicans, denied.

Trump would go on to win the critical swing states of Michigan and Pennsylvania in his landslide victory.

What will it take to get belief in the trustworthiness of elections to a point where it’s true for all of us, all the time?

– Pamela Smith, president and CEO of Verified Voting

Election officials faced some falsehoods and disruptions Tuesday. Michigan officials called out what they said was an inauthentic video, allegedly showing boxes of ballots being carried into Detroit’s election office late Tuesday evening. The FBI warned of fabricated videos circulating online and of noncredible bomb threats at polling places in several states, including Michigan, originating out of Russia.

Michigan Secretary of State Jocelyn Benson, a Democrat, told reporters at a news conference Wednesday morning those incidents of disinformation felt like things she saw in 2020, as Trump and his allies began to contest his loss.

“I worry and imagine that there was much more planned to drop, potentially, to create confusion and chaos in the hours following the election in an effort to potentially lay seeds to challenge results in the future,” she said. “Of course, we didn’t see that play out.”

U.S. national security officials praised how elections were conducted nationwide this year, as they had in 2020. Jen Easterly, the director of the Cybersecurity and Infrastructure Security Agency, said the election was peaceful and secure, and that malicious activity had no significant impact on the integrity of the process.

“Our election infrastructure has never been more secure and the election community never better prepared to deliver safe, secure, free, and fair elections for the American people,” she said in a press release Wednesday.

Election officials did a heroic job this year, said Pamela Smith, president and CEO of Verified Voting, a nonprofit that works with state and local election officials to keep voting systems secure. Officials’ work was built on years of beefing up election procedures, audits and security, and coordinating with nonprofit advisers. Elections are resilient, Smith said.

But she added: “What will it take to get belief in the trustworthiness of elections to a point where it’s true for all of us, all the time? And maybe that is a lofty goal, but it’s worth having.”

There are some challenges that need to be addressed, including long lines on college campuses, how to decrease the number of absentee ballots rejected over incorrect signatures, and how to address the continued threats from foreign bad actors such as Russia.

But the crisis of the past four years did force state and local election officials to be more prepared for all threats, said Boockvar, who is president of Athena Strategies and a member of the Committee for Safe and Secure Elections. The committee’s bipartisan group of election and law enforcement officials developed pocket-size guides to election laws for police officers to carry.

“The good news is we have much more cross-sector support,” she said.

voters in line
A line of voters wrapped around a polling location in Huntsville, Ala., by midmorning on Nov. 5. (Anna Claire Vollers/Stateline)

Future legislation

After Trump cast his ballot on Election Day in Florida, he went to his campaign headquarters in Palm Beach and laid out what he wished the voting process looked like.

“They should do paper ballots, same-day voting, voter ID and be done,” he said. “One day, same day.”

The makeup of Congress is still unknown as local election offices continue to count ballots. But Republicans have shown a willingness to tackle federal voting legislation, as they did with their failed attempt to insert into a larger funding bill a ban on voting by noncitizens (which already is illegal).

But some of Trump’s ideas, especially moving the country to a system in which voters can only cast a ballot on Election Day, is unlikely, said Walter Olson, a senior fellow at the Cato Institute, a libertarian think tank. But other suggestions are possible, he added.

There is broad, bipartisan support among voters for mail-in and early voting, along with other protections such as voter list maintenance and audits, Olson said. For example, Georgia is a Republican-run state with robust early and mail-in voting and high voter turnout, with paper ballots, post-election audits and voter ID requirements.

Connecticut voters just approved a constitutional amendment that allows for no-excuse absentee voting. Nevada voters approved a ballot measure that now requires an ID to vote by mail and in person. Voters in eight states, including North Carolina and Wisconsin, also approved ballot measures to make noncitizen voting illegal under state law.

Republican state lawmakers still seem keen to continue finding new ways to tighten procedures in the name of “election integrity.”

This election ran smoothly because of the legislation and proactive lawsuits from the conservative movement, argued Arizona state Rep. Alexander Kolodin, a Republican who was sanctioned by the State Bar of Arizona for his role in challenging the 2020 election.

“Look, there were a lot of vulnerabilities still, but it was a more secure election than the ones we’ve had in the past,” he said in an interview.

Kolodin introduced legislation this year to keep vote centers open longer and give voters more notice to fix signature or date errors on their absentee ballots, among other provisions. Democratic Gov. Katie Hobbs signed it in February.

He expects Trump to keep election integrity in the public consciousness and continue to pressure conservatives to work on it. For his part, Kolodin will push to scrap Arizona’s larger vote centers and opt for precinct-level polling places for better efficiency.

Before the election, Michigan state Rep. Luke Meerman, a Republican, told Stateline that he would love to see measures that require some sort of ID to vote in person and by mail.

“Something to prove that whoever filled that ballot out was the person that was supposed to be filling it out probably would be at the top of my list,” he said.

Despite Trump’s win, the false narratives around the supposed insecurity of U.S. elections — in which noncitizens and dead people are voting in droves — will likely continue, said the Cato Institute’s Olson; it is baked into the movement that brought the former president back into power.

“Given that so much of this was about Trump’s desire for personal vindication, maybe it’s over, and maybe we won’t face the same kind of systematic attempt to delegitimize the honesty of elections,” Olson said. “But that’s the optimistic view.”

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Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and X.

Wisconsin citizens organize to protect democracy

1 November 2024 at 10:15
Wisconsin Secretary of State Sarah Godlewski

Wisconsin Secretary of State Sarah Godlewski speaks at a press conference defending ballot drop boxes and local election officials on Oct. 30, 2024 in Madison | Wisconsin Examiner photo

As the 2024 campaign air war reaches a furious crescendo over our battleground state, a few groups of public-spirited citizens have been quietly organizing on the ground to shore up the foundations of our democracy.

Take just three events that occurred during the week before Election Day: 

  • A bipartisan group of current and former elected officials signed a pledge to respect the results of the election — whatever they may be.
  • A separate bipartisan group of Wisconsin political leaders held a press conference to declare their confidence in the security of Wisconsin’s election system and to pledge to fight back against people who cast doubt on the legitimacy of the results — whatever they may be
  • Wisconsin Secretary of State Sarah Godlewski and grassroots pro-democracy advocates held an event in downtown Madison to support the use of ballot drop boxes and to defend local election clerks in a season of threats, intimidation and destabilizing conspiracy theories.

All of these public declarations of confidence in the basic voting process we used to take for granted show just how far from normal we’ve drifted.

Congressman Mark Pocan
U.S. Rep. Mark Pocan

As Democratic U.S. Rep. Mark Pocan put it in a joint press conference with Republican former U.S. Rep. Reid Ribble, “This is sort of no-brainer stuff.” Yet the two Wisconsin congressmen celebrated the announcement that they got 76 state politicians to sign their pledge to honor the results of the 2024 election.

Notably, however, the list of politicians who agreed to respect what Ribble described as “democracy 101” — that “the American people get to decide who leads them; candidates need to accept the results” — does not include many members of the party of Donald Trump.

Petition signers so far include 64 Democrats, one independent and nine Republicans. Worse, nearly every one of those Republicans has the word “former” next to his or her title. 

Technically state Sen. Rob Cowles is still serving out the remainder of his term. But the legislative session is over and Cowles won’t be back. After announcing his retirement, he made waves this week when he renounced Trump and endorsed Kamala Harris for president. Other GOP officials who pledged to respect the election results include former state Sen. Kathy Bernier, who leads the group Keep Our Republic, which has been fighting election conspiracy theories and trying to rebuild trust in local election clerks, and former state Sen. Luther Olsen, a public school advocate who worked across the aisle back before the current era of intense political polarization.

On the same day Pocan and Ribble made their announcement, a different bipartisan group of Wisconsin leaders, members of the Democracy Defense Project – Wisconsin state board, held a press call to emphasize the protections in place to keep the state’s elections safe and to call out “bad actors” who might try to undermine the results.

Former Democratic Lt. Gov. Mandela Barnes and former Republican Attorney General JB Van Hollen joined the call along with former Republican U.S. Rep. Scott Klug and former state Democratic Party Chair Mike Tate.

Mandela Barnes headshot
Mandela Barnes | Photo Courtesy Power to the Polls

“I can speak from personal experience, having won and lost very close elections, that the process here in Wisconsin is safe and secure, and that’s exactly why you have this bipartisan group together,” said Barnes, who narrowly lost his challenge to U.S. Sen. Ron Johnson in 2022.

Barnes said false claims undermining confidence in voting and tabulating election results “have been manufactured by sore losers.”

If you lose an election, he added, “you have the option to run again at some point. But what you should not do is question the integrity or try to impugn our election administrators just because the people have said no to you.”

Former AG Van Hollen, a conservative Republican, seconded that emotion. “I’m here to tell you as the former chief law enforcement officer for the state of Wisconsin that our system does work,” he said.

Van Hollen reminded people that he pushed for Wisconsin’s strict voter I.D. law, which Democrats opposed as a voter-suppression measure. “Whether you were for it or against it, the bottom line is that it is in place right now. If people pretended to be somebody else when they came in and voted in the past, they cannot do that any longer,” Van Hollen said.

For voters of every stripe, he added, “Get out and vote. Your vote will count. Our system works and we have to trust in the result of that system.”

Former Republican Congressman Klug underscored that Trump lost Wisconsin in 2020 “and it had nothing to do with election fraud. It just had to do with folks who decided to vote in a different direction.”

He also praised local election workers and volunteers, like those who take his ballot at his Lutheran church, and “who make Wisconsin’s election system one of the best in the country.”

Tate, the former Democratic Party chair, warned that the unusually high volume of early voting and a state law that forbids clerks from counting ballots until polls close on election night will likely mean delays in results coming in. “There are good reasons for that,” he said, “because our good election workers are exercising extreme due diligence.”

In a separate press conference outside City Hall in Madison, members of the Wisconsin Democracy Campaign and Secretary of State Godlewski also chimed in to defend Wisconsin’s hard-working election clerks and combat conspiracy theories.

Nick Ramos, Wisconsin Democracy Campaign

Nick Ramos, the Democracy Campaign’s executive director, connected recent news stories about drop-box arson in other states to the hijacking of a local dropbox by the mayor of Wausau, Wisconsin, who physically removed his town’s ballot drop box and locked it in his office. The mayor was forced to return the box and is now the subject of a criminal investigation. It’s important to hold people accountable who try to interfere with voting, Ramos said, because otherwise “people will try to imitate those types of bad behaviors.”

Besides sticking up for beleaguered election officials, the pro-drop-box press conference featured testimony from Martha Siravo, a founder of Madtown Mommas and Disability Advocates. Siravo, who uses a wheelchair, explained that having a drop box makes it much easier for her to vote. 

Godlewski described conversations with other voters around the state — a busy working mom, an elderly woman who has to ask her kids for rides when she needs to go out, and a young man who works the night shift — all of whom were able to vote by dropping their absentee ballots in a secure drop box, but who might not have made it to the polls during regular voting hours. “These stories are real and that’s why drop boxes matter,” Godlewski said. Restoring drop boxes is part of “helping ensure Wisconsin remains a state where every vote matters.”

That’s the spirit we need going into this fraught election, and for whatever comes after.

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U.S. Supreme Court grants stay in challenge to Youngkin’s voter purge order

30 October 2024 at 16:24
U.S. Supreme Court

The U.S. Supreme Court (Photo by Jane Norman/States Newsroom)

In a significant decision, the U.S. Supreme Court on Wednesday granted a temporary stay in the ongoing legal dispute over Gov. Glenn Youngkin’s executive order that resulted in the removal of over 6,000 Virginians from the state’s voter rolls.

The stay pauses a lower court’s ruling that would have required the state to restore 1,600 voters to the rolls, allowing Youngkin’s directive to remain in effect and voter removals to continue as the case proceeds.

The court’s six conservative justices supported the stay, with the three liberals dissenting.

Youngkin in a statement hailed the court’s decision as “a victory for commonsense and election fairness.”

“I am grateful for the work of Attorney General Jason Miyares on this critical fight to protect the fundamental rights of U.S. citizens. Clean voter rolls are one important part of a comprehensive approach we are taking to ensure the fairness of our elections,” Youngkin said, adding that the ruling would ensure a secure election on Nov. 5.

“Virginians can cast their ballots on Election Day knowing that Virginia’s elections are fair, secure, and free from politically-motivated interference,” he said.

The order comes after the Virginia Republican Party filed an amicus brief Tuesday supporting Youngkin’s efforts, arguing that removing noncitizens from the voter rolls should not be delayed due to the federally mandated “quiet period” — a buffer period around elections meant to avoid disruptions to voter records.

The Republican brief argues that the governor’s order was based on data from the Department of Motor Vehicles and focused on noncitizens, and thus does not constitute a “systematic” voter purge restricted by the quiet period.

Opposition to the order has come from various groups, including former GOP lawmakers such as Barbara Comstock, Denver Riggleman, and Adam Kinzinger, who filed a separate brief urging the Supreme Court to deny the stay. They argue that hastily removing voters could lead to eligible citizens losing their rights, citing concerns over the potential exclusion of legitimate voters.

Attorney General Jason Miyares and Youngkin’s administration maintain that the executive order is a necessary step for election security. Critics, however, argue that the purge risks disenfranchising Virginians and disproportionately impacts minority voters, calling the move part of a larger trend of restrictive voting policies.

With the stay in place, the case is likely to continue drawing national attention as the election nears, spotlighting debates over voting rights, citizenship, and electoral integrity.

It could also lead to confusion at the polls next Tuesday, because it remains unclear what information voters who have been purged would need to show for same-day registration, said Henry Chambers, a professor for constitutional law at the University of Richmond School of Law.

“The administration is claiming that there is sufficient evidence to knock someone off the rolls. If that’s true, and if a registrar has said this person shouldn’t be on the roll, I’m not sure what kind of information would convince the registrar that the person should be on the rolls and should have their provisional ballot counted. And that’s a tricky issue.”

Chambers added that it also remains unclear what the Supreme Court ruling means for the federal suit filed by the Virginia Coalition for Immigrant Rights and the League of Women Voters of Virginia earlier this month which alleges that the process used to purge the rolls violates the 90-day quiet period and therefore disenfranchises eligible voters while raising concerns over transparency and accuracy in the state’s voter registration system.

“In theory, the case goes back to the drawing board and you need to run it as a sort of a regular merits case as opposed to just an injunction case. But the problem with that is that the point of the case is that the 90-day quiet period is going to be over once election day is done,” Chambers said. “Then the question becomes, is the purge program in and of itself unlawful in general?’”

Some state lawmakers have signaled they are ready to tackle that question, and the law that undergirds it.

State Sen. Travis Hackworth, R-Tazewell County, said in a phone interview Wednesday that in the 2025 legislative session, he would “be open to looking at anything” in the 2006 law that would limit potential confusion at the polls. 

“The bottom line is, if you are a U.S. citizen, we want you to vote, it’s your right and duty to vote,” said Hackworth, a member of the Senate Privileges & Election who was “very disheartened” when the lower court ruled to halt Youngkin’s order.

If any among the affected 1,600 Virginians believe they have been removed from the voter rolls in error, Hackworth urged them to still cast a provisional ballot bringing documentation proving their citizenship status and let the local electoral board “figure that out.”

“I think that maybe we are kind of overcomplicating this process, because anybody still has the right on the day of to say, ‘I have been purged from the voter rolls, I am a citizen of the United States, and I want to vote.’ If you have that much conviction to go to the polls and vote provisional, you will bring something that’s going to back up your claim that you are a citizen.”

Virginia Mercury editor Samantha Willis contributed to this report.

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Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and X.

Law enforcement officials prepare for possible post-election violence in D.C.

18 October 2024 at 10:00
Jan. 6 Capitol attack

Donald Trump supporters clash with police and security forces as people try to storm the U.S. Capitol on Jan. 6, 2021 in Washington, D.C. (Photo by Brent Stirton/Getty Images)

WASHINGTON — The threat of political violence will likely hang over the nation’s capital in the weeks following Election Day, security experts say, despite intensive preparations by law enforcement officials determined to avoid another Jan. 6 insurrection.

The 2,000-plus officers who make up the U.S. Capitol Police, as well as other federal law enforcement agencies like the Secret Service, have responded to a surge in threats against elected officials during the last few years, including two assassination attempts against Republican presidential candidate Donald Trump just this year.

But the threats, attacks and shooting have led to questions about whether the two agencies are truly prepared for the presidential transition, especially after a report released this week said the Secret Service “requires fundamental reform to carry out its mission.”

The agency is tasked with planning and coordinating security for Congress’ certification of the Electoral College on Jan. 6 —the first time it’s been designated a National Special Security Event — and Inauguration Day on Jan. 20.

Experts interviewed by States Newsroom said there is a very real chance of political violence in the weeks and months ahead, though they said law enforcement agencies have learned from recent events. The unrest could build after what is expected to be a very close presidential election, with results possibly delayed for days or longer or even litigated in the courts.

“Unfortunately, you can never have 100% security,” said Javed Ali, associate professor of practice at the Gerald R. Ford School of Public Policy at the University of Michigan.

“It’s nice to think that would exist. But, if you’re trying to consider all the different kinds of variables that you have to plan for, there’s always going to be a gap or vulnerability — now what you try to do is kind of minimize the big one and hope that the small ones don’t get exploited.”

Darrell M. West, the Douglas Dillon Chair in Governmental Studies at the Brookings Institution, said the risk of political violence could increase following Election Day if one or more political leaders object to the outcome.

“For months, we’ve been hearing extreme and sometimes violent rhetoric,” West said. “And rhetoric has consequences — it can encourage some people to take action.”

Trump has refused to accept the 2020 election results, and his running mate, Ohio Sen. J.D. Vance, declined to say Trump lost the election. Vance on Oct. 12 said there was a “peaceful transfer of power” in January 2021.

Trump has repeatedly recycled false claims he made following his loss that the system is rigged — a talking point he’s likely to use to rile up supporters should he lose this year’s election. Trump has been charged by special counsel Jack Smith with four felony counts in connection with 2020 election interference, in a complex case that will continue after the election.

Threats against lawmakers

Members of Congress are more vulnerable than presidential candidates, in part because most lawmakers live in normal houses and don’t have security details anywhere close to the kind the Secret Service provides for high-ranking officials.

And unlike the presidency, which has a long line of succession to avoid gaps in authority following a death or a crisis, Congress has been criticized for not having better plans in place to address continuity of government following a mass casualty or similar event.

U.S. Capitol Police Chief J. Thomas Manger testified in April the agency was looking for ways to bolster protection for lawmakers in the line of presidential succession, like the speaker of the House and Senate president pro tempore.

Manger told the panel that security for those two officials was substandard to that provided for the Secretary of State, who sits below them in the line of succession.

“We can’t just go back to the days when we said, ‘Well, we’ll just follow them around and we’ll make sure they’re well protected wherever they are,’ because their homes, their families are at risk,” he testified.

Members of Congress who haven’t risen to the ranks of leadership don’t get security details unless there are specific threats to their safety. And those aren’t permanent.

That could present challenges for lawmakers who have higher profiles or who regularly receive threats, especially if people respond violently to the election results and encourage their supporters to take matters into their own hands.

Trump assassination attempts

Making the situation more complicated, this year has shown that substantial levels of security aren’t a guarantee of safety.

Trump has some of the highest levels of protection in the country, if not the world, but that did not stop a man from shooting at the former president during a rally in Pennsylvania this summer. A separate would-be gunman was spotted and apprehended just off Trump’s Florida golf course with a semi-automatic weapon in September.

Both instances raised questions about the Secret Service’s ability to protect Trump as well as others, though agency leaders maintain they’re up to the task.

Trump’s experiences, as the subject of political violence, haven’t deterred him from spreading disinformation about Democratic presidential nominee Kamala Harris as well as other lawmakers who disagree with him on policy issues.

Trump’s comments about immigrants have also led to threats against everyday people, including Haitian immigrants in Ohio, who are in the country legally.

During an interview with Maria Bartiromo on “Sunday Morning Futures” on Fox News earlier this month, Trump said he may use the National Guard or the military against his political opponents should he win reelection, calling them “the enemy from within.”

“We have some very bad people,” Trump said. “We have some sick people. Radical left lunatics. And it should be very easily handled by, if necessary, by National Guard, or if really necessary by the military, because they can’t let that happen.”

The military and National Guard have significantly different training programs and missions than local, state, or federal law enforcement, making Trump’s comments somewhat darker than previous claims he’d try to put his political opponents in prison if reelected.

Trump hasn’t committed to respecting the results of the election or supporting a peaceful transition in power should he lose his bid for the White House.

Trump’s comments could indicate that violence is likely following the election, if he loses, or after he regains the powers of the presidency, if he wins.

Delayed election results predicted

West from the Brookings Institution said violence isn’t likely to take place in the days immediately following the end of voting on Nov. 5, since it’s unlikely anyone learns the results of the presidential election for a few days.

The Associated Press didn’t call the race for President Joe Biden until the Saturday after the election in 2020, following days of speculation and ballot counting.

Mail-in ballots, which Democrats tend to submit in larger numbers than Republicans, could lead to confusion in swing states, especially if people don’t understand they tend to boost numbers for Democratic candidates over GOP politicians as they’re counted, he said.

“We could end up in a situation where on election night, Trump is ahead, because we know Republicans tend to vote in person on Election Day, and Democrats often vote via mail ballots,” West said. “And then as the mail ballots get counted on Wednesday, Thursday and Friday, the numbers may shift from Trump to Harris.

“And I think that’s a very bad combination, because it will look to some individuals like voter fraud, even though there’s a perfectly logical explanation for the change. But that’s a scenario that could lead to violence, because it’ll look like the election is being stolen from Trump.”

While the presidential candidates will play a significant role in stirring up or calming down their supporters, members of Congress, many of whom sought to legitimize misinformation and disinformation four years ago, have responsibilities as well.

“We need leaders who act responsibly, but unfortunately, in the last few months, we have not seen that,” West said. “We’ve seen members of Congress who have promoted misinformation. There’s been a lot of it surrounding the hurricane, and so the fear is that there will be blatant lies that then will incite people to take action.”

Learning from 2020

Ali, from the University of Michigan, said he expects federal law enforcement will be better prepared for post-election violence than they were four years ago, though there are still chances for violent people to slip through the cracks.

The most likely scenario, Ali said, is a single actor or “lone wolf” attack and not a mob marching to the Capitol, the way Trump supporters did on Jan. 6.

“I still think it’s relatively low,” Ali said of the likelihood of violence. “But as we’ve seen, all it takes is one person to really shake up the perception of security. And if they’re aiming at President Trump or Vice President Harris, well then, you know the stakes are even higher.”

Ali said he’s confident that the Secret Service, U.S. Capitol Police and other law enforcement agencies in the Washington, D.C., area are preparing for various scenarios, though he’s less sure about what would happen if there’s violence at state capitals.

“There might be a little more vulnerability there,” Ali said. “But I still think, at least when we’re getting to the Electoral College (certification) day, that January 6th-type insurrection will be almost impossible to pull off.”

When it comes to spreading disinformation, Ali said, he expects there will be a combination of foreign adversaries, including Iran and Russia, as well as domestic actors.

“You’ll probably see a lot of disinformation, especially if Vice President Harris wins, sort of casting doubt on the integrity of the voting, the credibility of the process, maybe going after specific individuals and key swing states, or even counties,” Ali said.

“All those things that were happening in 2020. But there were also costs to doing that, as we’ve seen too, with the civil charges and some of the potential criminal ones as well,” he added. “So I think that’s also an area domestically, where people will have to tread very cautiously. That doesn’t mean that you won’t see it, but again, there might be a line that gets crossed where people will be held accountable for that.”

‘More prepared than ever before’

U.S. Capitol Police Inspector General David T. Harper said USCP leadership has implemented the 100-plus recommendations put forward by his predecessor following the Jan. 6 attack, closing gaps that existed that day.

“I think they’ve made a lot of improvements, and I think that they’re more prepared than ever before,” Harper said, though he later added he couldn’t “say for certain that they are prepared to handle anything that can come up” due to the unpredictable nature of domestic terrorism and political violence.

The OIG is also “prepared to be all hands on deck” in the event of another attack on the Capitol or lawmakers takes place, to analyze what went wrong and make recommendations for USCP to implement, he said.

Harper, whose tenure as inspector general began earlier this year, noted during the interview that much of what he can publicly discuss is restricted by national security concerns.

The U.S. Capitol Police declined an interview request from States Newsroom, but provided written information about changes that it’s implemented during the last few years.

Among those is a law approved by Congress that allows the USCP chief to request the National Guard without the approval of the three-member Capitol Police board.

USCP has also overhauled its intelligence-gathering activities and established partnerships with other law enforcement agencies to bolster its ranks ahead of major events.

Secret Service planning for Jan. 6

The Secret Service is one of those partners and it will take the lead this year planning security for major events during the presidential transition, even those undertaken by Congress inside the Capitol.

While Inauguration Day has traditionally been categorized as a National Special Security Event, the Department of Homeland Security has extended that classification for the first time for Congress certifying the winner of the presidential race on Jan. 6.

Nate Herring, spokesperson for the United States Secret Service, said part of the process includes planning with other law enforcement agencies for “various scenarios” that could take place, including the Federal Bureau of Investigation and the Metropolitan Police Department.

“We work very closely with our partners throughout the whole planning process,” Herring said. “And D.C. is especially unique because National Special Security Events occur fairly frequently.”

But the Secret Service’s leadership and structure have come under scrutiny during the last few months.

The four-member panel tasked with investigating the Pennsylvania assassination attempt against Trump wrote in the 52-page report released in mid-October that the Secret Service “has become bureaucratic, complacent, and static even though risks have multiplied and technology has evolved.”

“This is a zero-fail mission, for any failure endangers not only the life of the protectee, but also the fundamentals of our government itself,” they wrote.

Without substantial changes to the Secret Service, the independent review panel wrote, it believes the type of deadly attack that took place in Butler, Pennsylvania, “can and will happen again.”

Homeland Security Secretary Alejandro Mayorkas released a written statement after the report’s release, saying the department had begun “taking the actions needed to advance the Secret Service’s protection mission,” including addressing the “systemic and foundational issues” described by the review panel.

D.C. planning

District of Columbia Assistant City Administrator Chris Rodriguez said that city officials will be watching for any indications people intent on violence begin traveling or gathering inside the city following Election Day.

“We are obviously attuned to what happened last time. I mean, I don’t think we can ignore that, and we’re not,” Rodriguez said, referring to the Jan. 6 attack. “But we also are in a place where we have great relationships among our agencies within the region, with the federal government in terms of coordination, and we will be prepared to adapt our operational posture in any way that we need to.”

D.C. Mayor Muriel Bowser originally requested the NSSE designation for Jan. 6, which Rodriguez said has increased planning and coordination, in hopes of avoiding any violence.

Rodriguez also stressed D.C. officials and the city’s police department are used to planning for the large crowds and protests that tend to take place whenever there’s a presidential transition.

“We are a city that prides itself, as the nation’s capital, to ensuring that there is a peaceful transition of power,” he said. “And we will do our part to ensure that.”

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In the tightest states, new voting laws could tip the outcome in November

24 September 2024 at 10:45

Voters in Grand Rapids, Mich., cast their ballots during the state’s August primary

7 States + 5 Issues That Will Swing the 2024 Election

GRAND RAPIDS, Mich. — Some voters are already casting early ballots in the first presidential election since the global pandemic ended and former President Donald Trump refused to accept his defeat.

This year’s presidential election won’t be decided by a margin of millions of votes, but likely by thousands in the seven tightly contested states of Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin.

How legislatures, courts and election boards have reshaped ballot access in those states in the past four years could make a difference. Some of those states, especially Michigan, cemented the temporary pandemic-era measures that allowed for more mail-in and early voting. But other battleground states have passed laws that may keep some registered voters from casting ballots.

Trump and his allies have continued to spread lies about the 2020 results, claiming without evidence that widespread voter fraud stole the election from him. That has spurred many Republican lawmakers in states such as Arizona, Georgia and North Carolina to reel back access to early and mail-in voting and add new identification requirements to vote. And in Pennsylvania, statewide appellate courts are toggling between rulings.

“The last four years have been a long, strange trip,” said Hannah Fried, co-founder and executive director of All Voting is Local, a multistate voting rights organization.

“Rollbacks were almost to an instance tied to the ‘big lie,’” she added, referring to Trump’s election conspiracy theories. “And there have been many, many positive reforms for voters in the last few years that have gone beyond what we saw in the COVID era.”

The volume of election-related legislation and court cases that emerged over the past four years has been staggering.

Nationally, the Voting Rights Lab, a nonpartisan group that researches election law changes, tracked 6,450 bills across the country that were introduced since 2021 that sought to alter the voting process. Hundreds of those bills were enacted.

Justin Levitt, a professor at Loyola Law School in Los Angeles, cautioned that incremental tweaks to election law — especially last-minute changes made by the courts — not only confuse voters, but also put a strain on local election officials who must comply with changes to statute as they prepare for another highly scrutinized voting process.

“Any voter that is affected unnecessarily is too many in my book,” he said.

New restrictions

In many ways, the 2020 presidential election is still being litigated four years later.

Swing states have been the focus of legal challenges and new laws spun from a false narrative that questioned election integrity. The 2021 state legislative sessions, many begun in the days following the Jan. 6 attack on the U.S. Capitol, brought myriad legislative changes that have made it more difficult to vote and altered how ballots are counted and rejected.

The highest profile measure over the past four years came out of Georgia.

Under a 2021 law, Georgia residents now have less time to ask for mail-in ballots and must put their driver’s license or state ID information on those requests. The number of drop boxes has been limited. And neither election officials nor nonprofits may send unsolicited mail-in ballot applications to voters.

Republican Gov. Brian Kemp said when signing the measure that it would ensure free and fair elections in the state, but voting rights groups lambasted the law as voter suppression.

That law also gave Georgia’s State Election Board more authority to interfere in the makeup of local election boards. The state board[AS1]  has made recent headlines for paving the way for counties to potentially refuse to certify the upcoming election. This comes on top of a wave of voter registration challenges from conservative activists.

In North Carolina, the Republican-led legislature last year overrode Democratic Gov. Roy Cooper’s veto to enact measures that shortened the time to turn in mail-in ballots; required local election officials to reject ballots if voters who register to vote on Election Day do not later verify their home address; and required identification to vote by mail.

This will also be the first general election that North Carolinians will have to comply with a 2018 voter ID measure that was caught up in the court system until the state Supreme Court reinstated the law last year.

And in Arizona, the Republican-led legislature pushed through a measure[AS2]  that shortened the time voters have to correct missing or mismatched signatures on their absentee ballot envelopes. Then-Gov. Doug Ducey, a Republican, signed the measure.

“Look, sometimes the complexity is the point,” said Fried, of All Voting is Local. “If you are passing a law that makes it this complicated for somebody to vote or to register to vote, what’s your endgame here? What are you trying to do?”

Laws avoided major overhauls

But the restrictions could have gone much further.

That’s partly because Democratic governors, such as Arizona’s Katie Hobbs, who took office in 2023, have vetoed many of the Republican-backed bills. But it’s also because of how popular early voting methods have become.

Arizonans, for example, have been able to vote by mail for more than three decades. More than 75% of Arizonan voters requested mail-in ballots in 2022, and 90% of voters in 2020 cast their ballots by mail.

This year, a bill that would have scrapped no-excuse absentee voting passed the state House but failed to clear a Republican-controlled Senate committee.

Bridget Augustine, a high school English teacher in Glendale, Arizona, and a registered independent, has been a consistent early voter since 2020. She said the first time she voted in Arizona was by absentee ballot while she was a college student in New Jersey, and she has no concerns “whatsoever” about the safety of early voting in Arizona.

“I just feel like so much of this rhetoric was drummed up as a way to make it easier to lie about the election and undermine people’s confidence,” she said.

Vanessa Jiminez, the security manager for a Phoenix high school district, a registered independent and an early voter, said she is confident in the safety of her ballot.

“I track my ballot every step of the way,” she said.

Ben Ginsberg, a longtime Republican election lawyer and Volker Distinguished Visiting Fellow at the think tank Hoover Institution, said that while these laws may add new hurdles, he doesn’t expect them to change vote totals.

“The bottom line is I don’t think that the final result in any election is going to be impacted by a law that’s been passed,” he said on a recent call with reporters organized by the Knight Foundation, a Miami-based nonprofit that provides grants to support democracy and journalism.

Major expansions

No state has seen a bigger expansion to ballot access over the past four years than Michigan.

Republicans tried to curtail access to absentee voting, introducing 39 bills in 2021, when the party still was in charge of both legislative chambers.

Two GOP bills passed, but Democratic Gov. Gretchen Whitmer vetoed them.

The next year, Michigan voters approved ballot measures that added nine days of early voting. The measures also allowed voters to request mail-in ballots online; created a permanent vote-by-mail list; provided prepaid postage on absentee ballot applications and ballots; increased ballot drop boxes; and allowed voters to correct missing or mismatched signatures on mail-in ballot envelopes.

“When you take it to the people and actually ask them about it, it turns out most people want more voting access,” said Melinda Billingsley, communications manager for Voters Not Politicians, a Lansing, Michigan-based voting rights advocacy group.

“The ballot access expansions happened in spite of an anti-democratic, Republican-led push to restrict ballot access,” she said.

In 2021, then-Nevada Gov. Steve Sisolak, a Democrat, signed into law a measure that transitioned the state into a universal vote-by-mail system. Every registered voter would be sent a ballot in the mail before an election, unless they opt out. The bill made permanent a temporary expansion of mail-in voting that the state put in place during the pandemic.

Nevada voters have embraced the system, data shows.

In February’s presidential preference primary, 78% of ballots cast were ballots by mail or in a ballot drop box, according to the Nevada secretary of state’s office. In June’s nonpresidential primary, 65% of ballots were mail-in ballots. And in the 2022 general election, 51% of ballots cast were mail ballots.

Last-minute court decisions

Drop boxes weren’t controversial in Wisconsin until Trump became fixated on them as an avenue for alleged voter fraud, said Jeff Mandell, general counsel and co-founder of Law Forward, a Madison-based nonprofit legal organization.

For half of a century, Wisconsinites could return their absentee ballots in the same drop boxes that counties and municipalities used for water bills and property taxes, he said. But when the pandemic hit and local election officials expected higher volumes of absentee ballots, they installed larger boxes.

After Trump lost the state by fewer than 21,000 votes in 2020, drop boxes became a flashpoint. Republican leaders claimed drop boxes were not secure, and that nefarious people could tamper with the ballots. In 2022, the Wisconsin Supreme Court, then led by a conservative majority, banned drop boxes.

But that ruling would only last two years. In July, the new liberal majority in the state’s high court reversed the ruling and said localities could determine whether to use drop boxes. It was a victory for voters, Mandell said.

With U.S. Postal Service delays stemming from the agency’s restructuring, drop boxes provide a faster method of returning a ballot without having to worry about it showing up late, he said. Ballots must get in by 8 p.m. on Election Day. The boxes are especially convenient for rural voters, who may have a clerk’s office or post office with shorter hours, he added.

“Every way that you make it easy for people to vote safely and securely is good,” Mandell said.

‘A case of crying wolf again’: Election experts say Wisconsin is prepared to avoid conspiracies

After the high court’s ruling, local officials had to make a swift decision about whether to reinstall drop boxes.

Milwaukee city employees were quickly dispatched throughout the city to remove the leather bags that covered the drop boxes for two years, cleaned them all and repaired several, said Paulina Gutierrez, executive director of the City of Milwaukee Election Commission.

“There’s an all-hands-on-deck mentality here at the city,” she said, adding that there are cameras pointed at each drop box.

Although it used a drop box in 2020, Marinette, a community on the western shore of Green Bay, opted not to use them for the August primary and asked voters to hand the ballots to clerk staff. Lana Bero, the city clerk, said the city may revisit that decision before November.

New Berlin Clerk Rubina Medina said her community, a city of about 40,000 on the outskirts of Milwaukee, had some security concerns about potentially tampering or destruction of ballots within drop boxes, and therefore decided not to use the boxes this year.

Dane County Clerk Scott McDonell, who serves the state capital of Madison and its surrounding area, has been encouraging local clerks in his county to have a camera on their drop boxes and save the videos in case residents have fraud concerns.

A risk of confusing voters

Many local election officials in Wisconsin say they worry that court decisions, made mere months before the November election, could create confusion for voters and more work for clerks.

“These decisions are last-second, over and over again,” McDonell said. “You’re killing us when you do that.”

Arizonans and Pennsylvanians now know that late-in-the-game scramble too.

In August, the U.S. Supreme Court reinstated part of a 2022 Arizona law that requires documented proof of citizenship to register on state forms, potentially impacting tens of thousands of voters, disproportionately affecting young and Native voters.

Whether Pennsylvania election officials should count mail ballots returned with errors has been a subject of litigation in every election since 2020. State courts continue to grapple with the question, and neither voting rights groups nor national Republicans show signs of giving up.

Former Pennsylvania Secretary of the Commonwealth Kathy Boockvar, who is now president of Athena Strategies and working on voting rights and election security issues across the country, said voters simply need to ignore the noise of litigation and closely follow the instructions with their mail ballots.

“Litigation is confusing,” Boockvar said. “The legislature won’t fix it by legislation. Voter education is the key thing here, and the instructions on the envelopes need to be as clear and simple as possible.”

To avoid confusion, voters can make a plan for how and when they will vote by going to vote.gov, a federally run site where voters can check to make sure they are properly registered and to answer questions in more than a dozen languages about methods for casting a ballot.

Arizona Mirror’s Caitlin Sievers and Jim Small, Nevada Current’s April Corbin Girnus and Pennsylvania Capital-Star’s Peter Hall contributed reporting.

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An unseen problem with the Electoral College – it tells bad guys where to target their efforts

16 September 2024 at 10:15
Wisconsin Secretary of State Sarah Godlewski

Wisconsin Secretary of State Sarah Godlewski in her office, displays real and fake electors' documents | Wisconsin Examiner photo

Over the past four years, Congress and state governments have worked hard to prevent the aftermath of the 2024 election from descending into the chaos and threats to democracy that occurred around the 2020 U.S. presidential election.

A new federal law cleaned up ambiguities that could allow for election subversion. New state laws have been enacted across the country to protect election workers from threats and harassment. Technology experts are working to confront misinformation campaigns and vulnerabilities in election systems.

But untouched in all of these improvements is the underlying structure of presidential elections – the Electoral College.

Here is a quick refresher about how the system works today:

After citizens vote in the presidential election in November, the Constitution assigns the task of choosing the president and vice president to electors. Electors are allocated based on the number of congressional representatives and senators from each state. The electors meet in their separate state capitals in December to cast their votes. The ballots are then counted by the vice president in front of members of Congress on Jan. 6 to determine which ticket has won a majority.

The widely varied pros and cons of the Electoral College have already been aired and debated extensively. But there is another problem that few have recognized: The Electoral College makes American democracy more vulnerable to people with malicious intent.

A state-centric system

The original brilliance of the Electoral College has become one of its prime weaknesses. The unusual system was devised at the Constitutional Convention in 1787 as a compromise that prioritized the representation of state interests. This focus helped win over reluctant delegates who feared that the most populous states would disregard small states’ concerns.

Nowadays nearly every state has chosen to award all of its electoral votes to whichever ticket wins more votes in the state. Even if a candidate gets 51% of the popular vote, use of the winner-take-all rule in these states means they will be awarded 100% of the electoral votes.

This is what leads to the “battleground state” phenomenon: Presidential candidates focus their rallies, advertisements and outreach efforts on the few states where campaigns could actually tip the balance. In 2020, 77% of all campaign ads ran in just six states that were home to only 21% of the nation’s population.

In this way, the Electoral College system naturally draws campaign attention to issues that might tip the balance in these hotbeds of competitiveness.

Wisconsin's electors meet in the Capitol on Monday, Dec. 14, 2020 to deliver the state's 10 electoral votes for Joe Biden. (Photo by Morry Gash)
Wisconsin’s electors meet in the Capitol on Monday, Dec. 14, 2020 to deliver the state’s 10 electoral votes for Joe Biden. (Pool photo by Morry Gash)

A road map for bad behavior

By doing so, the system essentially identifies the states where malicious people who want to alter or undermine the election results should focus their energies. The handful of battleground states are efficient targets for harmful efforts that would otherwise not have much success meddling in elections.

Someone who wants to infiltrate the election system would have difficulty causing problems in a national popular vote because it is decided by thousands of disconnected local jurisdictions. In contrast, the Electoral College makes it convenient to sow mischief by only meddling in a few states widely seen as decisive.

In 2020, the lawsuits, hacking, alternative electors, recount efforts and other challenges did not target states perceived by some to have weaker security because they had less strict voter ID laws or voter signature requirements. Opponents of the results also did not go after states such as California and Texas that account for a large share of the country’s voters.

Rather, all of the firepower was trained on about a half-dozen swing states. By one account, there were 82 lawsuits filed in the days after the 2020 presidential election, 77 of which targeted six swing states. The “fake elector” schemes in which supporters of Donald Trump put forward unofficial lists of electors occurred in only seven battleground states.

The popular vote alternative

A majority of Americans say in surveys they prefer to scrap the Electoral College system and simply award the presidency to the person who gets the most votes nationwide.

Dumping the Electoral College would have a variety of consequences, but it would immediately remove opportunities for disrupting elections via battleground states. A close election in Arizona or Pennsylvania would no longer provide leverage for upending the national result.

Any election system that does not rely on states as the puzzle pieces for deciding elections would remove opportunities like these. It could also seriously reduce disputes over recounts and suspicion about late-night ballot counts, long lines and malfunctioning voting machines because those local concerns would be swamped by the national vote totals.

Although not without its own concerns, an agreement among the states to award their electoral votes to the winner of the popular vote is probably the most viable method for shifting to the popular vote, in part because it does not require passing an amendment to the Constitution.

There is no ideal way to run a presidential election. The Electoral College has survived in its current form for almost two centuries, a remarkable run for democracy. But in an era where intense scrutiny of just a few states is the norm, the system also lights the way for those who would harm democracy.The Conversation

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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