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Upcoming Holiday Schedule Changes

With the holidays upon us, we wanted to let you know about some schedule changes for the electionline Daily News and Weekly through the end of the year.

Electionline Weekly will NOT publish on November 28 (gobble til you wobble) and then will NOT post on Thursday December 26 or January 2, but WILL post, with our annual In & Out List on a special Monday, December 30 edition. 

The Daily News will not publish on Friday, November 29.

On Fridays in December (12/6, 12/13 and 12/20), the Daily News will post by 10am. 

The Daily will NOT post on December 24, 25, 26, and 31 or January 1. On December 23, 27, 30 and January 2 and 3 it will post by 10am. 

It’s a lot to remember so we’ll post a note at the bottom of the Daily email and on the site reminding you of impacted days.

Election Security Updates

CIS Update: Following some analysis, The Center for Internet Security is out with a summary of Election Day activities, member responses, and the impact of preparation, information sharing, and collaboration in ensuring what we consider the most cyber-secure election to date. 

Key Data Points:

• The Center for Internet Security’s Situation Room operated around the clock, supporting approximately 1,300 participants.
• There were roughly 50 reports, with over half involving scanning, password spraying, or brute force attempts. Information sharing allowed other members to block those IP addresses, preventing any significant impact from those activities.
• Our protective DNS (web security) service blocked 138,782 attempts to connect to malicious domains:

1. Nearly 60,000 were known malware sites
2. Nearly 30,000 were command and control attack sites
3. More than 21,000 were phishing attempts

• Reports of swatting included 5 bomb threats reported directly by members. Some state-level offices reported multiple bomb threats across their states, for as many as 30 bomb threats across the U.S.

The 2024 election showcased greatly improved cyber resilience in election infrastructure. Although there were threats, none succeeded, thanks to advanced cybersecurity technology like Albert sensors, MDBR, and the successful preparation of election officials through tabletop exercises, webinars, and increased information sharing within the EI-ISAC.

For the first time, the Center for Internet Security combined two teams, Elections Infrastructure Information Sharing and Analysis Center (EI-ISAC), led by Vice President Marci Andino, and the CIS Program for Countering Hybrid Threats, led by Executive Director John Cohen. They collaborated with national and local law enforcement to address not only cyber threats but also misinformation and physical threats aimed at creating fear and disrupting confidence in U.S. elections.

This expanded collaborative effort in 2024 has set the path for the future in protecting our elections from a range of threats that will only increase in sophistication as AI continues to evolve.

Election News This Week

Vote By Mail: The Associated Press has an interesting story this week about mail ballots arriving at elections offices in the wrong state. The AP found that election offices in California, Louisiana, Montana, New Mexico and elsewhere also reported receiving completed ballots in the mail that should have gone to other states. Terry Thompson, elections administrator in Cascade County, Montana got ballots for elections offices in Wasilla, Alaska; Vancouver, Washington; and Tampa, Florida. In Louisiana, state election officials told the AP some 40 to 50 ballots destined for 10 other states ended up being delivered to local election offices, mostly in Orleans Parish. Deputy Secretary of State Joel Watson Jr. said the Secretary of State’s Office had “extraordinary frustration” for the Postal Service’s continued “inconsistencies” and “lack of accountability.” Dozens of mail ballots from inside the state also were delivered to the wrong local election office, Watson said. In New Mexico’s Santa Fe County, County Clerk Katharine Clark said seven ballots bound for her office were instead delivered to Los Angeles County in Southern California. Those ballots were redirected, Clark said, but did not arrive at her office before the state’s deadline to be counted, which is 7 p.m. on Election Day. “It does mean that person got denied the right to vote, because the ballots from Los Angeles County — even though they were sent (to Santa Fe) with a four- or five-day lead time — they didn’t get to us in time to count,” she said. Mark Dimondstein, president of the American Postal Workers Union, said ballot monitors identified some problems inside facilities during the election season but said they were resolved. “While we are waiting on the final statistics from the Postal Service, all indications show that vote-by-mail was a success in the 2024 general election,” he said in an emailed statement to the AP.

Follow-Up On the News: Last week, we brought you a round-up of all the state and local election administration ballot measures. They were still counting ballots in Alaska, where a measure was on the ballot to repeal the state’s ranked choice voting/open primary system. Late Wednesday (our time) the Alaska Elections Division released its latest and final round of results that show the repeal measure losing by just 664 votes. The final margin for Ballot Measure 2, pending certification, is 664 out of 340,110 votes, with “No” outpacing “Yes” 50.1% to 49.9%. The No on 2 campaign said the failure of the ballot measure was “a win by Alaskans, for Alaskans, which will benefit our state for generations to come.” “We are thrilled that Alaskans from all over the state with diverse views and different backgrounds came together to preserve the system that empowers voters to elect representatives that will put Alaska first,” No on 2 Executive Director Juli Lucky and Campaign Chair Lesil McGuire said in a statement emailed to reporters. Former Lt. Gov. Loren Leman, an advocate for repeal, said he hopes the Legislature will pass a law getting rid of the voting system, but if that doesn’t happen, another repeal initiative is possible.“I would say half of Alaskan voters were influenced, at least in part, and maybe in large part, by  big money from outside the state,” he told Alaska Public Media. “And ours was a grassroots, homebody campaign.” Phil Izon, who led the campaign in support of the ballot measure, said he planned to submit a recount request once the election is certified, though he said he was “not optimistic” it would change the outcome. Alaska law allows candidates and campaigns to request recounts, and the state must pay for them in races won by less than 0.5%. Recounts are not automatic except in races that end in a tie.

Slow Count: Everyone who has been around elections for a while knows that it will take some places in California until Thanksgiving, at least, to finish their initial ballot counts. The problem is, many people, even Californians, outside of the elections world don’t understand this and where there is a lack of understanding, mis/disinformation and conspiracy theories can quickly follow. Enter the California Voter Foundation. This year, with the help of some others, CVF officially launched a tracker that is monitoring the vote count in California’s close contests between Election Day and certification of county results.The Close Count Transparency Project, the tracker — which debuted as a pilot program in 2022 — provides daily updates on the results of 11 competitive U.S. House races and seven state legislative races, as well as the statewide vote count status. The tool tracks candidates’ vote share, votes counted and the number of unprocessed ballots in each county the districts cover. “We wanted to create a record of where the vote count stood each day, so that if someone came along later and said, ‘Something hinky is going on here,’ there would be a reliable source of information people could turn to to see how the vote count evolved over time,” Alexander told Cal Matters.

Election Worker Tribute Video: Election workers are truly the unsung heroes of our democracy, putting in tireless hours to ensure that every vote counts and that the electoral process remains secure and accessible. This tribute video from ES&S  highlights their resilience, commitment and the critical role they play in upholding democratic values in every community, often with little recognition.

Suffrage/History News: Smithsonian Magazine has had some really interesting articles recently from the Suffrage era. Now that you may have a bit more time on your hands, they are worth a read. From the September/October edition, When a Trailblazing Suffragist and a Crusading Prosecutor Teamed Up to Expose an Election Conspiracy, tells the true story of how a Suffragette and an ex-felon turned special prosecutor ferreted out political corruption and election fraud in Terre Haute, Indiana. Another article, When Susan B. Anthony and 14 Other Women Were Arrested for Voting Illegally in a Presidential Election takes a look at the time 152 years ago this week that Susan B. Anthony and 14 other Suffragettes were arrested for casting illegal ballots – illegal because they did not have the right to vote – in the 1872 Presidential Election between Ulysses S. Grant and Horace Greely. Before Election Day, Anthony successfully registered to vote, arguing that the 14th Amendment—in particular the section ensuring that “no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”—gave her the right. Though all 15 women were arrested, the prosecution singled out Anthony. Only she was indicted and brought to trial in circuit court.

Personnel News: Onondaga County, New York Elections Commissioner Dustin Czarny was reappointed to a two-year term. Denise Williams will not seek another four-year term as chair of the Luzerne County, Pennsylvania Board of Elections after her term expires in April 2025. The Dutchess County, New York Democratic Committee has nominated Lisa Jessup to be the next Democratic Elections Commissioner for Dutchess County. The Wyoming Republican Party censured Laramie County Clerk Debra Lee for the second time this year over the way she conducted voting machine testing in this year’s elections. James Temple is no longer the Sheridan County, Wyoming elections supervisor. 

Ballot Measures, Legislation & Rulemaking

Georgia Rulemaking: The Georgia State Board of Elections, which made headlines before the election, met for the first time since November 5. According to the Georgia Recorder, the board voted to request state lawmakers pass legislation next year making voter lists readily available to the public before and after elections. Board members have decided to forward their recommendations to the state Legislature rather than launch their own rulemaking process, which has recently resulted in several of their initiatives successfully challenged in courts. Board members Janelle King, Janice Johnston and Rick Jeffares, asked state lawmakers to pass legislation which would require each county to make publicly available a list of all eligible voters during and after every election. Democratic Election Board member Sara Tindall Ghazal said that publishing supplemental lists of eligible voters during an election could impose an administrative burden on counties. She stressed the need for a better understanding of this burden before making legislative recommendations.

Maine: Rep. David Boyer, R-Poland, said he filed a bill for the next legislative session to not require a ranked-choice count in a two-person race if one candidate does not receive at least 50 percent of votes due to blank ballots. Boyer also said he thinks a runoff is not needed if the number of votes received by a declared write-in candidate is not enough to defeat the winner. Under state rules in place since Maine began using the ranked-choice method in 2018, voters can rank as many or as few candidates as they would like. Those who only rank a second choice have their votes initially recorded as blank. If the race goes to a ranked-choice count, those second choices are counted as first choices. Boyer said he is not sure that he wants to tweak the rules on blank ballots with no first choice and subsequent rankings. He thinks Merenda’s vote total is proof she would not have significantly changed Golden’s lead and that his solution balances practicality with letting write-in candidates “get their voices heard.” “It’s a bad use of tax dollars when it’s clearly a two-person race,” Boyer said.

North Carolina: Republican lawmakers plan to transfer authority over the state’s Board of Elections to the state auditor’s office, a move that will place administration and appointment of its members under GOP purview. Changes would make it harder for people who use absentee ballots to have their votes count. The plan, included in a bill that also funds further aid for Hurricane Helene relief, would further strip power from the governor’s office, which currently has appointment power and will remain in Democratic control under Governor-elect Josh Stein. The measure also grants Auditor-elect Dave Boliek, a Republican, new jurisdiction after he defeated Auditor Jessica Holmes and flipped control of an office held by Democrats since 2009. The board’s powers would remain independent of the auditor’s office, according to the bill, but its budgeting and appointments would fall under the direction of the auditor. The auditor’s ability to make appointments would start on May 1, 2025. Karen Brinson Bell, the board’s executive director, said in a statement that the plan’s administrative changes could “make it impossible” for county boards to properly count votes. “State Board staff were not consulted about this significant piece of legislation that transfers authority of the State Board of Elections and makes substantial administrative changes that may make it impossible for the county boards of elections to adequately ensure every eligible ballot cast is counted, especially in high turnout elections,” Brinson Bell said.

Ohio Ballot Measure: Ohio Secretary of State Frank LaRose and the state ballot board cleared supporters of a citizen-led initiative aimed at enshrining greater voting access in the state constitution to begin collecting signatures. The board voted unanimously that The Ohio Voters Bill of Rights contains only one proposed amendment. The proposed amendment would grant counties the ability to set up multiple early vote centers or ballot drop boxes, create a system to update voter registration automatically when someone visits the BMV, and allow for same day voter registration. While the proposal accomplishes several different changes, supporters argued because all them relate to voting, the proposal represents a single amendment. “The Ohio Supreme Court has stated time and again that the ballot board has a clear legal duty to liberally construe the right of initiative,” petitioners’ attorney Jyoti Jasrasaria argued. “As long as the citizen initiated proposed amendment, there’s some reasonable relationship to a single general object or purpose, the board must certify its approval of the amendment as written without dividing it into multiple petitions.” Organizers tried a similar amendment in 2020 only to see their efforts derailed by the COVID-19 pandemic. Although they’ve now cleared the initial administrative hurdles, organizers will need to collect hundreds of thousands of signatures from across Ohio to make it onto the ballot. 

Utah: Utah lawmakers are planning significant electoral reforms in the upcoming legislative session according to The Deseret News. Among the reforms include the creation of a  new executive agency to manage elections independent of the Lieutenant Governor’s Office, similar to the secretary of state model Utah had until the lieutenant governor position was created in 1976. Rep. Trevor Lee, R-Layton plans to introduce a bill that would change state code so that only registered voters who request a mail-in ballot will receive one — as opposed to all registered voters automatically receiving one. This shift would keep vote-by-mail as an option for everyone that wants it but would “clean up the voter rolls in one swoop,” Lee said, for voters who have moved or died. Under this bill, voters would be able to opt in to receive future mail-in ballots by marking a box on their mail-in ballot in the upcoming election cycle, Lee said.

Lawmakers declined to recommend a bill that would have prevented the counting of mail-in ballots that arrive after polls close on Election Day. The bill was brought forward during the Legislature’s interim meetings last month and was voted down during a meeting of the Government Operations Interim Committee this week. Utah law requires mailed ballots be postmarked no later than the day prior to the election in order to count. The proposal was meant to address a controversy that arose during the June Republican primary election for Utah’s 2nd Congressional District, in which several hundred ballots were postmarked late and not counted. Colby Jenkins narrowly lost the race to Rep. Celeste Maloy and contended that the U.S. Postal Service was to blame for some of the ballots being marked late. Had those votes been counted, he argued, they may have changed the results of the election.

Legal Updates

Arizona: For a second time since Election Day, the Navajo Nation Department of Justice filed a lawsuit against Apache County. The lawsuit was filed Nov. 12, after learning about delays in processing early ballots for the 2024 general election. “This is not the first time we’ve seen these kinds of issues in Apache County, and sadly, it’s been an ongoing pattern of disenfranchisement in previous elections,” said Speaker Crystalyne Curley. “The Navajo Nation will continue to fight for our voters, holding Apache County accountable until every Navajo voice is heard and every vote is counted.” The first lawsuit, filed on Election Day, sought to grant Navajo voters in Apache County an additional two hours to vote due to ballot printer failures at several polling sites. The second lawsuit aims to extend the deadline for voters to correct signature discrepancies on their early ballots. Voters initially had until 5pm on Sunday, Nov. 10, to resolve signature issues, but on Nov. 9, the Navajo Nation Department of Justice discovered that Apache County had halted early ballot processing from Nov. 6 to Nov. 8. Additionally, 143 Navajo ballots required signature verification, and as of 5:20 p.m. on Nov. 9, Apache County still had 900 unprocessed early ballots. With just 48 hours to notify affected voters and allow them to cure their ballots, many encountered barriers such as limited cell service, restricted internet access, and long travel distances to the Apache County Recorder’s Office in St. Johns. The compressed timeline made it challenging for voters to receive timely notice and take necessary action. In addition to these delays, many Navajo voters struggled to reach the Recorder’s Office during the election. By the afternoon of Nov. 9, the Arizona Secretary of State’s website still indicated that their ballots had not been received by Apache County, prompting numerous calls to confirm their votes were counted.

California: Orange County Superior Court Judge Nico Dourbetas rejected California’s lawsuit against the city of Huntington Beach over a local measure allowing officials to require voter identification at the polls. Dourbetas ruled that existing state law does not block the local measure, which was approved by voters earlier this year. The ruling could clear the way for the majority-Republican city to implement one of California’s only voter ID requirements at the polls in local elections. “It’s a massive black eye to the state of California,” City Attorney Michael Gates said of the ruling. “And what the state of California needs to know, if they haven’t found out already, is Huntington Beach is not going to be intimidated or deterred.” State Attorney General Rob Bonta’s office said in a statement to The Associated Press that the Friday decision “does not address the merits of the case.” “We continue to believe that Huntington Beach’s voter ID policy clearly conflicts with state law, and will respond appropriately in court,” the office added. Residents in Huntington Beach voted in March for a ballot measure that lets local officials require voter identification at the polls starting in 2026. It also allows the city to increase in-person voting sites and monitor ballot drop boxes in local elections. A month later, Bonta filed a lawsuit, saying the measure approved in the city of nearly 200,000 people conflicts with state law and could make it harder for poor, non-white, young, elderly and disabled voters to cast ballots. 

Georgia: Nicholas Wimbish, 25, of Milledgeville has been formally indicted after allegedly mailing a bomb threat to a polling precinct, according to the U.S. Attorney’s Office for the Middle District of Georgia. Wimbish faces a maximum of 25 years in prison for mailing a bomb threat, conveying false information about a bomb threat, mailing a threatening letter, and making false statements to the FBI. Officials said that the indictment alleges Wimbish, who worked as a poll worker for the Jones County Elections Office, had a verbal altercation with a voter on Oct. 16. A day after early voting started for the 2024 election in Georgia.  A news release stated he later looked up online what information about himself was publicly available. The next day, he allegedly mailed a letter that said it was from a Jones County voter to the Jones County Elections Superintendent.  According to the Justice Department, the letter, written from a voter’s perspective, stated that Wimbish was “conspiring votes” and “distracting voters from concentrating.”  Wimbish allegedly lied to the FBI, stating that he believed the voter he interacted with sent the letter, but law enforcement found the letter on his computer, officials stated.

Illinois: Republican Congressman Michael Bost asked the U.S. Supreme Court to revive his twice-dismissed legal challenge to state law that allows election officials to count timely postmarked or certified mail-in ballots for up to two weeks after an election.  A federal district court and the 7th U.S. Circuit Court of Appeals previously concluded that Bost and his Republican co-plaintiffs lacked standing to sue since they failed to demonstrate any harm attributable to the state’s 14-day receipt deadline.In a cert petition filed this week, Bost asked the U.S. Supreme Court to hold that he and the other GOP plaintiffs have standing to sue as candidates for federal office and to allow their case to proceed on the merits in a federal district court. According to the petition, the 7th Circuit’s dismissal contained “serious legal errors” and uprooted precedent allowing federal candidates to challenge a state’s regulations on the time, place or manner of federal elections.  The litigants have argued that Illinois’ 14-day mail-in ballot receipt deadline effectively “expands” Election Day in violation of the U.S. Constitution and federal law, which requires states to hold Election Day on the Tuesday after the first Monday in November. Bost’s lawsuit also alleged that the two-week deadline allows “illegal ballots” to “dilute the value of timely ballots cast and received on or before Election Day.” Tuesday’s cert petition — which solely focuses on the issue of standing — maintains that the challenged ballot receipt deadline imposes burdensome financial costs on candidates, who must monitor ballot receipt and counting for an additional two weeks to ensure an accurate tally of votes.

Louisiana: Judge Tonya M. Lurry ruled against the third-place Plaquemine mayoral candidate’s lawsuit requesting to enjoin or halt the Dec. 7 runoff election due to alleged improprieties. No evidence could be found to support Tonya Harmason’s allegations of gerrymandering and bias, Lurry concluded in the hearing at West Baton Rouge Parish Courthouse in Port Allen. Harmason came up 33 votes short for a runoff against frontrunner JB Barker, who will face Plaquemine Selectman/Mayor Pro Tem Timmy Martinez in the election to determine the successor for retiring three-term officeholder Edwin M. “Ed” Reeves Jr. In court, Harmason alleged irregularity and potential bias because Registrar of Voters Kirsha Deshotel Barker is JB Barker’s daughter-in-law. Lurry said she did not see adequate evidence to support allegations of bias or that active voters from two districts had been removed from the electoral logs at polling locations where they voted in past elections.

Michigan: Calhoun Circuit Judge John Hallacy denied a request to stop re-tabulating the votes in the race for Michigan’s 44th state House District. WMUK reported last week that the race between Republican Steve Frisbee and Democratic incumbent Jim Haadsma in the state House District that includes Battle Creek was still in question. On November 13, the Calhoun County Board of Canvassers was sued by the Frisbee campaign seeking to stop the count. The dispute involves re-tabulating absentee ballots from Battle Creek. A programming error on Election Day meant about half of the city’s mail-in ballots weren’t included in the unofficial results. Chris Trebilcock, an attorney who represents Haadsma, said the Calhoun County Board of Canvassers is doing exactly what the law requires it to do. “The process allows for correction. Correction by the board of canvassers. Correction through a recount that may flip votes here or there when you do a hand recount,” Trebilcock said. “Quite frankly, this type of frivolous election litigation needs to stop. Calhoun County deserves better.”

The state Supreme Court has denied a request to weigh in on whether the results of a recall election in Flint should determine who takes a vacant seat on the Flint City Council. Last week the court granted immediate consideration of the request but denied a leave to appeal in the case of Beverly Biggs Leavy, who finished as the top vote-getter in the Nov. 5 recall election. Biggs Leavy was one of five candidates on the ballot in the 3rd Ward election that sought to remove the late Quincy Murphy from office. But because Murphy died on Sept. 29, just days after absentee ballots had been printed and became available to voters, city, Genesee County and state election officials said the results of the election would be invalid because Murphy’s death meant he was no longer an officeholder and therefore not subject to recall. Biggs Leavy, who sponsored the recall, challenged the election officials’ interpretation, filing a lawsuit against them and seeking to preserve the election results. The state Court of Claims dismissed her complaint against Secretary of State Jocelyn Benson and state Elections Director Jonathan Brater and the state Court of Appeals denied an immediate appeal, leading to the request to the Supreme Court. Biggs Leavy’s complaint against county Clerk-Register Domonique Clemons and Flint Clerk Davina Donahue were filed simultaneously in Genesee County where the case is pending. Clemons said on Wednesday, Nov. 20, that county attorneys have filed a motion for the lawsuit to be dismissed. 

Minnesota: Timothy Michael Scouton — who was head judge at a precinct in rural Badoura Township in Hubbard County– is facing felony charges for allegedly allowing 11 unregistered voters to cast ballots November 5. Officials began investigating after Hubbard County Auditor Kay Rave could not find any completed voter registration forms among the ballots and other materials returned by Scouton according to a criminal complaint filed Friday. Another election judge told an investigator from the county sheriff’s office that Scouton directed them not to use the registration forms, the complaint said, while another said Scouton told them that new voters needed only to sign the back of a book. The complaint said the investigator then met with Scouton at the sheriff’s office. He was advised of his rights but declined to make a statement, and was then put under arrest, the complaint said. The complaint did not give a potential motive. Scouton made his initial court appearance Friday and was released pending his next hearing Jan. 6. He did not immediately return a call seeking comment Saturday, and his attorney declined to comment on the case. The office of Minnesota Secretary of State Steve Simon called the allegations “extremely serious” and said they must be thoroughly investigated. “Election judges take an oath to administer elections in accordance with the law, a deliberate failure to do so is unlawful and a betrayal of the public trust,” the office said in a statement.

Mississippi: A group of Mississippians who were stripped of their voting rights is asking the U.S. Supreme Court to strike a provision of the state Constitution that allows denial of suffrage to people convicted of some felonies.  The Mississippi residents, through attorneys with the Southern Poverty Law Center and private law firm Simpson Thacher and Bartlett, filed an appeal Friday with the nation’s highest court. They argue that the provision of the state Constitution that strips voting rights for life violates the U.S. Constitution’s Eighth Amendment protection against cruel and unusual punishment.  Jonathan Youngwood, global co-chair of Simpson Thacher’s litigation department, told Mississippi Today in a statement that after filing the petition with the Court, he remains confident in the case, and the firm’s clients remain committed to ensuring their right to vote is restored. “The right to vote is an important cornerstone of democracy,” Youngwood said. “Denying broad groups of citizens, such as those who have completed their sentences for criminal convictions, who deserve the full right of participating in our representative government, is inconsistent with the United States Constitution.” Under the Mississippi Constitution, people convicted of a list of 10 felonies lose their voting rights for life. Opinions from the Mississippi Attorney General’s Office have since expanded the list of disenfranchising felonies to 24.

Jenifer Branning, who is in a runoff for a seat on the Mississippi Supreme Court, has filed a lawsuit against the Hinds County Election Commission. Under state law, the votes must be certified within 10 days of the general election. The Hinds County Election Commission said Friday evening shortly before 5 p.m. that the absentee and affidavit ballots had been counted and certified following the Nov. 5 general election. “There is concern that the Hinds County Election Commission may not finish counting all votes from the Nov. 5 general election, which would be a violation of state law requiring that it be done by (Friday),” said Branning’s attorney Spencer Ritchie. “We are asking the court to force the Election Commission to do their job by today’s deadline to ensure that voters in all 22 counties of the Supreme Court central district — no matter which candidate they intend to vote for — will be able to vote by absentee ballot starting (Saturday).”  Around 6 p.m. Friday, Election Commissioners signed off on the November 5 election results, after a marathon day of counting affidavit ballots and responding to a lawsuit filed by a candidate running for Mississippi Supreme Court. District 1 Election Commissioner Kidada Brown said the certification should nullify the suit, and absentee balloting for the upcoming judicial runoffs should begin Saturday.

Montana: Third Judicial District Court Judge Ray Dayton issued a preliminary injunction that orders Deer Lodge County Clerk and Recorder Toni Hofland and her team of election workers to count Joshua Cypher’s ballot for the November 2024 election while the rest of the case plays out. Cypher had registered to vote absentee in this year’s election, but Hofland rejected his registration application on the basis he was committed to the Department of Corrections on a felony despite being housed at the state hospital in Warm Springs. Cypher and Disability Rights Montana then sued. In response to Cypher’s lawsuit, Attorney General Austin Knudsen in October issued a new legal opinion that found that no felon – no matter whether they are involuntarily committed to the state hospital – enjoys the right to vote while serving their sentence. But Dayton wrote that despite the new opinion, the Attorney General’s Office admitted at a hearing that the state hospital was not a penal institution and that a court had never found Cypher to be of “an unsound mind.” “In this case, if the Court does not enjoin further interference with Mr. Cypher’s right to vote, he will suffer complete disenfranchisement by operation of the AG’s Opinion in this election and in other elections that occur during the pendency of this case,” Dayton wrote. Dayton granted the preliminary injunction, saying that the government’s admissions and the fact that the election had not been certified as of last Friday would mean preventing Cypher from voting would disenfranchise him in violation of the constitution.

North Carolina: Appeals Court Judge Jefferson Griffin sued the North Carolina State Board of Elections over the vote counting process in the Supreme Court race in which he is the Republican nominee. Griffin’s suit claims the elections board isn’t providing data quickly enough for him to request a recount prior to the Tuesday, November 19 deadline for counties that have completed their canvass. Many, but not all of North Carolina’s 100 counties have completed the canvas process at the time of filing the lawsuit on Monday, though they are expected to finish by the end of the day. It’s one of the closest contests in the general election. Griffin held a narrow lead of less than 10,000 votes over incumbent Democratic Justice Allison Riggs on election night. Since then, Riggs has crept ahead with results from additional provisional and absentee ballots. The two candidates were separated by a margin of 24 votes at the time of filing the lawsuit, according to the document. The State Board of Elections website reported a margin of 70 votes in Riggs’ favor out of more than 5.5. million cast as of 4:00 pm. Monday. “Defendants’ failures have impeded Plaintiffs’ efforts to meaningfully examine the 2024 General Election processes and unlawfully interfered with Plaintiffs’ ability to evaluate the potential need to file any protests in relation to the 2024 General Election,” the document read.

Ohio: Fiona Allen, 40, of Cleveland, has been accused of illegally voting in five different elections since 2020, according to the Cuyahoga County Prosecutor’s Office. Allen is a legal resident of the United States, prosecutors say she is not an American citizen. According to an indictment, however, that didn’t stop her from improperly registering to vote in March of 2020 before voting in that year’s November election, with more ballots to follow in the primary and general elections in both 2022 and ’23. A grand jury charged Allen with five counts of illegal voting and one count of false voter registration. If convicted, she could face up to 11 1/2 years in prison. Allen’s alleged crimes stem from March 7, 2020, when authorities say she filled out a voter registration card and answered “no” when asked if she was a U.S. citizen. Per officials, the card “explicitly states in the instructions that if you answer ‘no’ to the U.S. citizenship question, you should not complete the registration card,” though prosecutors did not indicate how her registration was even approved if she confirmed she was not a citizen.

Pennsylvania: The Pennsylvania Supreme Court court has directed three counties not to include undated or misdated mail ballots in their November election results. Such ballots have been the subject of years of litigation in various courts, and became an issue again after Bucks, Montgomery, and Philadelphia counties moved to count them for the Nov. 5 election. These are the ballots where a voter has neglected to write the date on the return envelope or written something incorrect, like their birthday. There are roughly 1,500 or so ballots in play in the three counties, likely not enough to change the outcome of the U.S. Senate race that is spurring the litigation. Attorneys for the counties had argued that officials there had constitutional concerns about rejecting the improperly dated ballots. They pointed to Commonwealth Court, which has ruled multiple times this year that rejecting mail ballots solely for an improper date violates the state constitution’s free and equal elections clause. A 4-3 majority of the state Supreme Court told the three counties not to include undated and misdated ballots in their counts. It clarified that the Commonwealth Court rulings do not apply to the Nov. 5 election.

Utah: A legal settlement over Native American voter access in San Juan County expired with the 2024 elections. Now, the American Civil Liberties Union of Utah says it would like to see an extension. The Navajo Nation Human Rights Commission and ACLU sued San Juan County in 2016 over voter access in Utah’s largest geographic county. The lawsuit alleged that San Juan County’s shift to vote-by-mail also created some hurdles to ballot access. Navajo is a primarily unwritten language and there were limited in-person polling locations, leading to long drives to vote. “We have a Native American culture that has a completely different language and it’s not a language that you can learn easily because it’s not written any place,” said San Juan County Commissioner Bruce Adams. “To get the people that can interpret that language at the polling places is probably the most difficult thing that we face.” The county and the plaintiffs reached a settlement that stretched from 2018 to this election cycle in 2024. That settlement has benefited voters, said Tara Benally, a San Juan County resident who also works on voter registration for the group Stewardship Utah. Adams said he believes things have been working out well. “I think we’ve gone out of our way to get interpreters where they’re needed, to get ads on the Navajo radio to get everybody informed whether they’re on the reservation or off the reservation. I think we’ve done a great job in trying to make sure that everybody gets a chance to vote,” he said.

Virginia: Omer Masoud, 23 of Woodbridge, arrested for voter intimidation on Election Day outside a Fairfax City polling place, according to the City of Fairfax Police. Officers responded around 4:17 p.m. on Nov. 5 for the report of a man making hand gestures and verbally threatening people outside the polls at the Sherwood Center at 3740 Blenheim Blvd., according to police. The officers arrested the suspect Masoud. After taking Masoud to the Fairfax County Adult Detention Center, police charged him with one count of voter intimidation and two counts of reckless driving. Mousod was held without bond. Mousod has a hearing scheduled for 9:30 a.m. on Dec. 10 in Fairfax City General District Court on the voter intimidation and reckless driving charges, according to court records.

Washington: Michele Tomes of Centralia has been one count of casting another person’s ballot after elections officials determined she signed two ballots in the August primary. Lewis County prosecutors accused Tomes of signing her name to her ballot and her 34-year-old son’s ballot. Tomes said she made a mistake. “I just didn’t think about it,” she told KING 5 News Monday at her Centralia home. Tomes said her son made the selections on the ballot, but she signed it. “I sign for him all the time,” said Tomes, who said her son has autism. Tomes said she is her son’s legal guardian. ”It’s a pretty clear-cut statute,” said Lewis County senior deputy prosecuting attorney Paul Masiello. “If you cast another person’s ballot, you’ve broken the law.” The Lewis County Auditor’s Office has identified five ballots submitted in the November general election that will be investigated for potential signature forgeries.

Wisconsin: The Wisconsin Supreme Court heard oral arguments this week in a lawsuit over Wisconsin Elections Commission (WEC) Administrator Meagan Wolfe’s ability to remain in her post.  Several times during the arguments, justices and attorneys described the situation as “absurd” and “bizarre” as the Court is being asked to deal with the ramifications of a divided state government that has frequently deadlocked over executive appointments to boards and commissions and the Republican-held Senate’s confirmation of those appointees. In the summer of 2023, Wolfe’s initial four-year term as WEC administrator expired and Senate Republicans said they would not confirm her to a second term.  The three Democrats on the commission, in an effort to shield Wolfe from the Senate, abstained from a vote to reappoint her while the three Republicans on the commission voted to nominate her again. State law requires a majority of the six member body to vote in favor of an administrator’s nomination, however, meaning the nomination wasn’t officially advanced to the Senate for a vote.  But the Senate acted anyway, voting against Wolfe’s appointment. Democratic Attorney General Josh Kaul immediately filed a lawsuit arguing that under the precedent Republicans set in the Prehn decision, Wolfe is able to remain in her position as a holdover. At the circuit court level, Republicans admitted that the Senate vote to remove Wolfe was “symbolic.” But after a Dane County judge ruled in Wolfe’s favor, the GOP leaders appealed the decision to the Supreme Court. Assistant Attorney General Charlotte Gibson, the Department of Justice lawyer arguing on behalf of Wolfe, said that the statute that gives the commission the authority to appoint administrators does not require it to act when the administrator’s term expires. The administrator, she said, becomes a holdover appointee and serves at the will of the commission, who can fire her at any time.

Opinions This Week

National Opinions: Conspiracy theories | Election fraud | Blockchain | Project 2025, II | Native American voting rights | U.S. Department of Justice

Alaska: Ranked choice voting 

Arizona: Secretary of state 

Arkansas: Ballot measures 

California: Election fraud 

Georgia: Scenes from the election

Idaho: Election workers

Iowa: Lee County

Maine: Ranked choice voting 

Michigan: Election integrity

Nevada: Election Day 

New York: Poll workers 

Ohio: Election legislation | Noncitizen voting 

Oklahoma: Turnout 

Oregon: Ranked choice voting 

Pennsylvania: Election laws 

Utah: Vote by mail

Virginia: Ex-felon voting rights | Ranked choice voting 

Upcoming Events

2024 Elections Summit: In an electoral landscape unlike any other, how can we harness this period of rapid change to support the Americans at the front lines of our democracy and build a more resilient electoral system for generations to come? Register and join BPC at our 2024 Elections Summit on Wednesday, December 4, to reflect on the state of U.S. elections with experts from across the country. Hear from practitioners, policymakers, thought leaders, and journalists, who will share lessons learned from 2024 and advance ideas to further strengthen and secure our democracy. This event is co-hosted by BPC and BPC Action and has been designed to meet Congressional Ethics guidelines for a widely attended event. When: December 4, 8am to 5pm Eastern. Where: Online and Washington, DC. 

Post-Election Hearing: On December 10, join the U.S. Election Assistance Commission (EAC) for its 2024 Post-Election Hearing at the Los Angeles County Registrar-Recorder/County Clerk’s Ballot Processing Center in City of Industry, CA. This event will be livestreamed on the EAC’s YouTube channel During the meeting, election officials will join the EAC’s Commissioners for in-depth panel discussions on the 2024 elections. Topics may include election security, contingency planning, and serving voters. When: December 10, 12pm to 9am Eastern. Where: Los Angeles and Online

National Conference on Citizenship: We’re thrilled to unveil the agenda for #NCoC2024, taking place on Dec. 10 at Planet Word Museum in Washington, DC. This year’s theme, “Renewing Civic Health,” brings together prominent speakers and dynamic sessions to inspire civic action and collaboration at this critical time. Our program addresses essential topics, from strengthening civic media to climate resilience and building civic trust. Highlights include: Keynote Panel: How Can Civic Media Help Renew Civic Health – NPR’s CEO Katherine Maher and CSPAN’s Sam Feist join moderator Katie Harbath to discuss civic media’s evolving role in informing and engaging the public; 100th Civic Health Index Launch– NCoC’s latest report, presented by Jeff Coates, reveals key trends in America’s civic health and strategies to enhance engagement in our communities. Featured Panels and Workshops on Engaging Communities for Climate Resilience, Mapping Civic Health to Revitalize Local News, and Democratic Innovations: Marjan Ehsassi and Amy Lee lead an interactive workshop on citizen assemblies and town halls. When: December 10, 8am to 5:30pm Eastern. Where: Washington, DC

Administering the 2024 Election: Join the National Association of Counties (NACo) for Administering the 2024 Election: County Roles, Intergovernmental Partnerships and Lessons Learned at NACo HQ. Where: Washington, DC. When: December 17, 9-11am Eastern.

Joint Election Officials Liaison Conference (JEOLC): Save the date! Notional agenda and information on CERA class offerings coming soon. Where: Arlington, Virginia. When: Jan. 8-12, 2025. 

Caltech 2024 Election Integrity Project Information and Misinformation in Elections 2025 Conference: We plan a two-day conference at the California Institute of Technology on January 16-17, 2025, to discuss research regarding information and misinformation in the 2024 U.S. elections.  Research topics may include how campaigns used innovative new approaches to target and persuade voters, how social media influenced voters, what the electorate knew (or did not know) about the candidates and issues, misinformation in the election, election rumors and denialism, rhetoric about election integrity, disinformation dissemination and impact on the election, and conspiracy theories regarding the candidates and the administration of the election. While we will likely focus on research from social sciences and computer science, we welcome research from all disciplines and methodologies.  Our main focus will be on the 2024 U.S. elections, but we welcome research proposals from previous elections or elections in other nations. Where: Pasadena, California. When: January 16-17, 2025 

Job Postings This Week

electionlineWeekly publishes election administration job postings each week as a free service to our readers. To have your job listed in the newsletter, please send a copy of the job description, including a web link to mmoretti@electionline.org.  Job postings must be received by 5pm on Wednesday in order to appear in the Thursday newsletter. Listings will run for three weeks or till the deadline listed in the posting.

Campaign Manager/Director, Supreme Court Reform– The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that seeks to improve our systems of democracy and justice. We work to hold our political institutions and laws accountable to the twin American ideals of democracy and equal justice for all. The Brennan Center’s work ranges from voting rights to court reform, from ending mass incarceration to preserving constitutional protections in the fight against terrorism. Part think tank, part advocacy group, part cutting-edge communications hub, we start with rigorous research. We craft innovative policies. And we fight for them — in the courts, in Congress and the states, and in the court of public opinion.The Brennan Center’s Kohlberg Center on the U.S. Supreme Court was established in 2024 to advocate for reform of the Supreme Court to prevent ethical abuses, reduce partisanship and extremism, and ensure that the Court plays a more  balanced and appropriate role in our constitutional democracy. Building on the Brennan Center’s long-standing work, including in support of Supreme Court term limits and ethics reform, the Kohlberg Center promotes research and policy development, pursues policy advocacy, and engages in broad public education. Salary: $90,000-$140,000. Application: For the complete job listing and to apply, click here. 

Deputy County Clerk, III, Boone County, Missouri– This position provides general supervision in the voter registration department, manages the recruitment, training, payroll, and assignment of election judges for polling places and early voting in Boone County, and provides election information to the public. Join the Boone County team and Make a Difference! Boone County Government offers a competitive benefits package that includes comprehensive health/dental/vision insurance on day one (with options for medical/dental with NO employee premium!), a pension plan, two matching deferred compensation plans, 14 paid holidays, generous sick and vacation leave, and no-cost disability and life insurance options. Boone County is a Public Service Student Loan Forgiveness qualifying employer. Visit our website and apply at: www.showmeboone.com/HR. Columbia, MO is a thriving college town and the cultural hub of mid-Missouri, hosting popular events such as the True/False Film Festival and the Roots N Blues BBQ Festival and a diverse art, music, and restaurant scene. Columbia is the fourth most populous and fastest-growing city in Missouri with an estimated 126,254 residents in 2020. Resting upon the forested hills and rolling prairies of Mid-Missouri near the Missouri River valley, outdoor enthusiasts can enjoy the surrounding Rock Bridge Memorial State Park, Mark Twain National Forest, and Big Muddy National Fish and Wildlife Refuge, in addition to hiking over 278 miles of our local trails! Many popular destinations are a short drive away, including the Capitol of Jefferson City, the Lake of the Ozarks, Saint Louis, and Kansas City all within a two-hour drive or less. Salary: $18.04 – $27.06 per hour. Application: For the complete job listing and to apply, click here.

Deputy Director-Dem, Delaware County, Ohio– The Delaware County Board of Elections is looking to fill the position of Deputy Director/ Democratic Party.  This position is responsible for overseeing, directing and managing the Board of Elections staff; managing operation procedures; devising, recommending and adhering to the annual budget; conducting fair and impartial elections; implementing changes required by the Ohio Revised Code, federal legislation, and other rules regarding conducting elections or election procedures; implementing policies of the Board of Elections; and reporting to the Ohio Secretary of State.  Salary: $125,000 to $130,000  Deadline: November 30.  Application: For the complete job listing and to apply, click here. 

Senior Subject Matter Expert, U.S. Election Assistance Commission– HAVA was enacted to establish a program to provide funds to States to replace punch-card voting systems, to establish the Election Assistance Commission to assist States with the administration of Federal elections, to otherwise assist with the administration of certain Federal election laws and programs, and to establish voluntary voting system guidelines and guidance for States and units of local government with responsibility for the administration of Federal elections. EAC serves as a national clearinghouse and resource for information concerning the administration of Federal elections. The incumbent is responsible for creating EAC clearinghouse material to assist Election Officials, Voters, and other stakeholders with best practices, white papers, tools, data, training materials, instructions, and any additional information that would be helpful to election administrators to assist with the administration of elections. The incumbent will provide expert guidance regarding election administration that touches all facets of the agency to serve EAC stakeholders. The agency is filling multiple positions with this vacancy. Salary: $99,200 – $133,692 per year (compensation will reflect candidate’s locality).  Deadline: December 20. Application: For the complete job listing and to apply, click here. 

Election Judge Supervisor, Boone County, Missouri – This position provides general supervision in the voter registration department, manages the recruitment, training, payroll, and assignment of election judges for polling places and early voting in Boone County, and provides election information to the public. Minimum Qualifications: Bachelor’s degree, preferably with concentration in English, history, or political science; or equivalent combination of education and experience; demonstrated interest in local government; and previous supervisory/managerial experience. Strong interpersonal skills and familiarity with computer software programs. Registered voter of Boone County or become registered within 60 days of hire. Salary Range: $18.04 – $27.06 per hour. Application: For the complete job listing and to apply, click here. 

Elections Operation Manager, Boone County, Missouri– This position is responsible for the inventory and maintenance of voting equipment and warehouse operations, including polling place support and supervision of temporary workers. Join the Boone County team and Make a Difference! Boone County Government offers a competitive benefits package that includes comprehensive health/dental/vision insurance on day one (with options for medical/dental with NO employee premium!), a pension plan, two matching deferred compensation plans, 14 paid holidays, generous sick and vacation leave, and no-cost disability and life insurance options. Boone County is a Public Service Student Loan Forgiveness qualifying employer. Visit our website and apply at: www.showmeboone.com/HR. Columbia, MO is a thriving college town and the cultural hub of mid-Missouri, hosting popular events such as the True/False Film Festival and the Roots N Blues BBQ Festival and a diverse art, music, and restaurant scene. Columbia is the fourth most populous and fastest-growing city in Missouri with an estimated 126,254 residents in 2020. Resting upon the forested hills and rolling prairies of Mid-Missouri near the Missouri River valley, outdoor enthusiasts can enjoy the surrounding Rock Bridge Memorial State Park, Mark Twain National Forest, and Big Muddy National Fish and Wildlife Refuge, in addition to hiking over 278 miles of our local trails! Many popular destinations are a short drive away, including the Capitol of Jefferson City, the Lake of the Ozarks, Saint Louis, and Kansas City all within a two-hour drive or less. Salary: $20.92 – $31.38 per hour.  Application: For the complete job listing and to apply, click here. 

Election Specialist, Candidate Services, Palm Beach County, Florida– This position is responsible for the management and execution of services provided to candidates, political committees, electioneering communication organizations, political parties, community development districts, and special taxing districts. This includes establishing and maintaining an organized system for managing the required forms and records associated with filing and qualifying for office, candidate petitions, campaign finance reporting, financial disclosures, initiative petitions, and other related activities. Candidate Services staff must be organized and personable with a great attitude, be able to work well in a team environment, and meet deadlines under pressure. Excellent work ethic, including consistent performance, integrity, reliability, and attendance, is a must. Must be detail-oriented, be able to handle simultaneous projects, and be a self-starter. Salary: $21.63 – $24.04. Application: For the complete job listing and to apply, click here. 

IT Assistant Manager, Palm Beach County, Florida– The Assistant IT Manager plays a supportive role in the smooth operation of the IT department, ensuring that both the technical infrastructure and the team are aligned with the organization’s goals. This position involves collaborating closely with the Election Technology Director to oversee the implementation of technology solutions that meet the needs of the organization. The Assistant IT Manager helps maintain an efficient and effective IT environment. Oversee daily operations of the IT department, including help desk operations and performance, troubleshooting issues, and ensuring efficient workflow. Hold department meetings and provide weekly performance summary. Manage IT projects under the direction of the Election Technology Director, ensuring timely completion, budget requirements, and organizational needs. Enforce IT policies and procedures to ensure data security, network access, and system availability. Assist in the management of IT staff by developing skills, coaching, and communicating job expectations. Coordinate vendor renewals, assist with IT budget development, and manage grant applications. Evaluate and assist in maintaining the organization’s disaster recovery and business continuity plans for IT. Assist with IT Public Records requests research and fulfillment. Assist the Election Technology Director in all facets of IT operations. Lead projects and mentor team members. Application: For the complete job listing and to apply, click here.

New Hampshire Customer Success Representative, Voting Works– The Customer Success Representative will work under the Head of Customer Success to ensure the success of all VotingWorks customers with a special focus on New Hampshire customers by maintaining customer support systems, providing remote and in-person technical support, conducting training, and providing product feedback to the hardware and software teams. If you consider yourself a solution-driven or process person with strong election administration experience, with a knack for teaching, troubleshooting, and supporting election officials, this position is for you. The ideal candidate will have a strong election administration and technical background and an interest in supporting election officials. They will be able to build trust with customers. Salary: $56-80,000. Application: For the complete job listing and to apply, click here. 

Physical Security Specialist, Palm Beach County, Florida– This position is responsible for administration of the physical security programs in a manner consistent with Supervisor of Elections Office policies, procedures, quality standards, and applicable local, state, and federal regulations. These programs include conducting facility security risk assessments, assisting with access control, monitoring alarms and CCTV systems, and providing security related training. Must be organized and personable with a great attitude, be able to work well in a team environment, and meet deadlines under pressure. Excellent work ethic, including consistent performance, integrity, reliability, and attendance, is a must. Candidate must be detail-oriented and understand the importance of security and safety for all. Must be available 24/7 365, be able to handle simultaneous projects, and be a self-starter. Application: For the complete job listing and to apply, click here.

Marketplace

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