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New From the Center for Democracy and Technology

Generating Confusion 
Stress-Testing AI Chatbot Responses on Voting with a Disability

The Center for Democracy and Technology released a new report, Generating Confusion: Stress-testing AI Chatbot Responses on Voting with a Disability. 

In 2024, the growth in popularity and availability of chatbots powered by artificial intelligence (AI) introduces a new and largely untested vector for election-related information and, as our research found, misinformation. 

Many communities are concerned that digitally available misinformation will impact the ability of community members to vote, including the disability community. However, up until this point, there has been little research done surrounding the integrity of the online information environment for voters with disabilities, and even less focus on the quality and integrity of information relating to voting with a disability that one can receive from a generative AI chatbot. 

Voters, both with and without disabilities, may use chatbots to ask about candidates or ask practical questions about the time, place, and manner of voting. An inaccurate answer to a simple question, such as how to vote absentee, could impede the user’s exercise of  their right to vote.

The report seeks to investigate how chatbots respond to questions that voters may ask chatbots this year, including practical questions about the time, place, and manner of voting. To date, there has been little research about how the quality and integrity of information from Generative AI may affect voters, let alone those with disabilities. 

As the research found, these chatbots are a vector for election-related and disability-related misinformation that could impede users from exercising their right to vote or undermine voters’ confidence in the election itself.

CDT tested five chatbots on July 18th, 2024: Mixtral 8x7B v0.1, Gemini 1.5 Pro, ChatGPT-4, Claude 3 Opus, and Llama 2 70b. Across 77 prompts, we found that:

• 61% of responses had at least one type of insufficiency. Over one third of answers included incorrect information, making it the most common problem we observed. Incorrect information ranged from relatively minor issues (such as broken web links to outside resources) to egregious misinformation (including incorrect voter registration deadlines and falsely stating that election officials are required to provide curbside voting).
• Every model hallucinated at least once. Each one provided inaccurate information that was entirely constructed by the model, such as describing a law, a voting machine, and a disability rights organization that do not exist.
• A quarter of responses could dissuade, impede, or prevent the user from exercising their right to vote. Every chatbot gave multiple responses to this effect, including inaccurately describing which voting methods are available in a given state, and all five did so in response to prompts about internet voting and curbside voting.
• Two thirds of responses to questions about internet voting were insufficient, and 41% included incorrect information. Inaccuracies about internet voting ranged from providing incorrect information about assistive technology, to erroneously saying electronic ballot return is available in states where it is not (like Alabama) and, inversely, that it is not available in states where it is (like Colorado and North Carolina).  
• Chatbots are vulnerable to bad actors. They often rebuffed queries that simulated use by bad actors, but in some cases responded helpfully, providing information about conspiracy theories and arguments for why people with intellectual disabilities should not be allowed to vote.
• Responses often lacked necessary nuance. Chatbots did not provide crucial caveats about when polling places would be fully accessible, and misunderstood key terms like curbside and internet voting.
• When asked to provide authoritative information, a positive use case for chatbots, almost half of answers included incorrect information. The scope of inaccuracies included incorrect webpage names and links and a recommendation for users to seek assistance from an organization that does not exist. This is particularly concerning because using chatbots as a starting point for finding other sources of information is an important and frequently recommended use case.
• Outright bias or discrimination were exceedingly rare, and models often used language that was expressly supportive of disability rights.

Election Security Updates

News from CISA and the FBI: As part of their public service announcement (PSA) series to put potential election day cyber related disruptions during the 2024 election cycle into context for the American people, the Federal Bureau of Investigation (FBI) and the Cybersecurity and Infrastructure Security Agency (CISA) jointly issued the Just So You Know: False Claims of Hacked Voter Information Likely Intended to Sow Distrust of U.S. Elections PSA to raise awareness of attempts to undermine public confidence in the security of U.S. election infrastructure through the spread of disinformation falsely claiming that cyberattacks compromised U.S. voter registration databases. As observed through multiple election cycles, foreign actors and cybercriminals continue to spread false information through various platforms to manipulate public opinion, discredit the electoral process, and undermine confidence in U.S. democratic institutions. The FBI and CISA continue to work closely with federal, state, local, and territorial election partners and provide services and information to safeguard U.S. voting processes and maintain the resilience of the U.S. elections. “This PSA is to educate people that false claims of election infrastructure compromise, like a voter registration database hack, may be spread by foreign actors and to not accept claims of intrusion at face value, as these claims may be meant to influence public opinion and negatively impact the American people’s confidence in our democratic process,” said CISA Senior Advisor Cait Conley.” “The FBI continues to investigate any claims of malicious cyber actors’ attempts to target U.S. elections,” said FBI Cyber Division, Deputy Assistant Director Cynthia Kaiser. “Through our investigations, the FBI has identified that malicious actors commonly attempt to undermine public confidence in US elections by grossly exaggerating about obtaining U.S. voter information. Today’s announcement urges the American public to critically evaluate claims of hacked or leaked voter information and remember that most voter registration information is available to the public. We at the FBI remain committed to continuing to share information to counter false claims and help election officials further secure election processes.”

Joint ODNI, FBI, and CISA Statement: The Office of the Director of National Intelligence (ODNI), the Federal Bureau of Investigation (FBI), and the Cybersecurity and Infrastructure Security Agency (CISA) released the following statement: “Since the 19 August 2024 joint ODNI, FBI, and CISA public statement on Iranian Election Influence Efforts, the FBI has learned additional details about Iran’s efforts to sow discord and shape the outcome of U.S. elections. Iranian malicious cyber actors in late June and early July sent unsolicited emails to individuals then associated with President Biden’s campaign that contained an excerpt taken from stolen, non-public material from former President Trump’s campaign as text in the emails. There is currently no information indicating those recipients replied. Furthermore, Iranian malicious cyber actors have continued their efforts since June to send stolen, non-public material associated with former President Trump’s campaign to U.S. media organizations. This malicious cyber activity is the latest example of Iran’s multi-pronged approach, as noted in the joint August statement, to stoke discord and undermine confidence in our electoral process.  As the lead for threat response, the FBI has been tracking this activity, has been in contact with the victims, and will continue to investigate and gather information in order to pursue and disrupt the threat actors responsible. Foreign actors are increasing their election influence activities as we approach November. In particular, Russia, Iran, and China are trying by some measure to exacerbate divisions in U.S. society for their own benefit, and see election periods as moments of vulnerability. Efforts by these, or other foreign actors, to undermine our democratic institutions are a direct threat to the U.S. and will not be tolerated. The FBI and CISA encourage campaigns and election infrastructure stakeholders to report information concerning suspicious or criminal activity to their local Election Crimes Coordinators via FBI field office, by calling 1-800-CALL-FBI (1-800-225-5324), or online.  Cyber incidents impacting election infrastructure can also be reported to CISA by calling 1-844-SAY-CISA (1-844-729-2472), emailing report@cisa.dhs.gov, or reporting online.  Election infrastructure stakeholders and the public can find additional resources about how to protect against cyber and physical threats at CISA’s #PROTECT2024.

Suspicious Mailings: The FBI and the U.S. Postal Inspection Service are investigating the origin of suspicious packages that have been sent to or received by elections officials in more than 15 states, but there were no immediate reports of injuries or that any of the packages contained hazardous material. The states include: Alaska, Colorado, Connecticut, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Missouri, Nebraska, New York, Ohio, Oklahoma, Rhode Island and Wyoming. The FBI is collecting the packages, some of which contained “an unknown substance,” agency spokesperson Kristen Setera in Boston said in a statement. “We are also working with our partners to determine how many letters were sent, the individual or individuals responsible for the letters, and the motive behind the letters,” she said. “As this is an ongoing matter we will not be commenting further on the investigation, but the public can be assured safety is our top priority.” The National Association of Secretaries of State condemned what it described as a “disturbing trend” of threats to election workers leading up to Nov. 5. “This must stop, period,” the group said. “Our democracy has no place for political violence, threats or intimidation of any kind.” “We have specific protocols in place for situations such as this,” Iowa Secretary of State Paul Pate said in a statement after the evacuation of the six-story Lucas State Office Building in Des Moines.

Election News This Week

National Voter Registration Day: This week, state and local elections officials along with educators and Hollywood and Broadway stars celebrated National Voter Registration Day. National Association of Secretaries of State, National Association of State Election Directors and the U.S. Election Assistance Commission all put out statements.  National Voter Registration Day had a record 5,500+ partners this year. The number of major national partners supporting the holiday has grown dramatically, by 42%, since the last presidential election. The number of local community partners grew by over 20%, setting another record. The holiday is a unique collaboration between election officials, media companies, celebrity voices, nonprofits, and community partners across the nation. “We’re glad to have every major election official association backing the holiday to instill confidence in the voting process and help more Americans get registered for this record-breaking year,” states Sec. of State Steve Simon of Minnesota, who co-chairs the holiday’s Steering Committee with Sec. Michael Adams of Kentucky.  “We applaud NASS, NASED, Election Center, and the EAC for being a driving force behind the holiday.  The holiday also received a White House proclamation Monday and a bi-partisan resolution from the U.S. Senate in July. Google kicked off the day with a special Google Doodle that links to the various state registration sites. Facebook, Instagram, YouTube, Snapchat, and others are promoting voter registration links in their apps. Microsoft is promoting the holiday online and on its huge, cube-shaped Time Square display.  iHeartMedia, Estrella MediaCo, Spotify, and numerous station partners of the National Association of Broadcasters are running PSAs on radio and television to amplify the holiday’s message in difficult to reach communities. “We’re glad to do our part to help more Americans register to vote as part of this nonpartisan celebration of our democracy,” states Jacqueline Hernandez, interim CEO of MediaCo. “We are elated to have such record-breaking participation this year,” states National Voter Registration Day’s Campaign Director, Chyann Sapp. “With 152 Premier Partners, from media companies to election official organizations and national nonprofits, we’ve seen more participation than ever. We’re also breaking records with over 5,500 Community Partners, including local nonprofits, LWV chapters, libraries, colleges, and others, that are helping register voters in their own communities.” Previous records set in 2020 were 107 and 4,589 respectively.

Georgia Rulemaking Pushback: Elections officials in Georgia are pushing back against the State Board of Elections on rulemaking. This week, the Athens-Clarke County Board of Elections and Voter Registration night passed a resolution opposing new election rules recently passed by the Georgia State Elections Board. The board “denounces the actions of the State Election Board to introduce new rules within 90 days of the critical November 2024 General Election” and called for the board to self-impose a stay of the rule changes. The timing of the new rules was opposed by Athens-Clarke election’s board, which is chaired by Rocky Raffle. The introduction of new rules at this stage would create unnecessary confusion among the public and the “dedicated poll workers and elections officials who are critical to ensuring a smooth and efficient voting process,” according to the resolution. The Cobb County Board of Elections may call for a 90-day “quiet period” to precede all future federal elections, balking at the last-minute changes the Georgia Board of Elections has made to rules in recent weeks. Cobb’s Democrat-controlled elections board was scheduled to consider the proposed resolution Monday, but after an unidentified audience member cried out “Heil Hitler,” the meeting was adjourned and all business was pushed back one week. Last month, Muscogee County’s election board unanimously passed a quiet period resolution and at least six other counties, including Gwinnett and Forsyth, have discussed adopting similar policies. “You can have 10 election directors stand up there and say, ‘This is bad, this is bad, this is bad.’ And then the board says, ‘I make a motion that we approve this rule,’” says Travis Doss, the elections director in Richmond County.

Recruiting Poll Workers: Kentucky Secretary of State Michael Adams has come up with a creative way to recruit poll workers for the general election in November. In an effort to recruit more poll workers and preferably younger poll workers, the Secretary of State’s Office formed a partnership with the Kentucky Guild of Brewers to help get the word out.  The campaign, “SOS From Your SOS,” is now being carried by four Kentucky breweries. Together they designed beer labels that solicit volunteers to work the polls and encourage Kentuckians to register to vote.  The labels have QR codes directing people to govoteky.com where they can register to vote and apply to be a poll worker. “Last year I testified to the legislature that we had a poll worker crisis in Kentucky,” Adams said. “COVID-19 certainly hasn’t helped.  We need younger generations to step up and be good citizens, and so we enlisted the help of Kentucky’s craft breweries to reach them.” He said they put the idea together over the summer, designed the logo in house and are grateful for the brewery partners for helping get the word out. Charley Hamilton, owner of Dreaming Creek Brewery, said he jumped at the chance to get involved.  “We, along with several other microbreweries around the Commonwealth, were eager to help support the initiative, by getting custom labels to help promote and make the information easily accessible through QR codes,” Hamilton said.  “With COVID-19 still a strong concern going into voting season, poll workers are in short supply.  This initiative will hopefully bring attention to this and get some new folks to help out working the polls come voting time.”

Going to the Birds: No, the elections in Palm Beach County, Florida aren’t going to the birds, but three 30+ foot-tall pink flamingos are keeping an eye on things outside of the supervisor of elections’ new offices. The art installation of four giant voting booths with three flamingos voting entitled “VOTE!” is designed to convey both Florida and the elections operations taking place inside. “Even though VOTE! is a light-hearted image with flamingos, it illustrates the humanity of voting wherein each individual gets to express what is in their heart and mind,” artist Matthew Mazzotta’s website explains. “While all three flamingos stand in identical voting booths, they are voting in their unique way — One flamingo has its head down deep in thought, while the other two flamingos are sizing each other up or trying to see who the other one is voting for. The brightly-colored flamingos of VOTE! are designed to appeal to people from all age groups, serving as a whimsical and educational landmark.” The county set aside about $75,000 in the budget for the new facility for the artwork and solicited proposals from all over the country. Since moving in, Supervisor of Elections Wendy Sartory Link has heard plenty of reactions to the voting flamingos. “I’ve heard a little bit of everything. I would say most people really like them,” Link said, adding that a few people offer a joke about the birds, mocking them for a similarity to the logo used by a large and well known state agency. “Some say I thought this was the lottery office.”

Podcast News: If you just can’t read one more thing about election administration, you can always listen to something about it! On The One Thing podcast from CNN Dianne Gallagher, CNN Correspondent talks about The Laws Making It Harder to Vote. In this episode, thet look at various new restrictions making it harder to vote across the country and examine why former President Donald Trump’s team is encouraging mail voting while Trump himself continues to promote false claims about it. On the NPR Politics Podcast, voting looks a little different in 2024 than it did during the last presidential election. They explore some of the changes & challenges as voting begins, alongside NPR’s new voter registration guide. The episode features  White House correspondent Deepa Shivaram, and voting correspondents Miles Parks & Hansi Lo Wang. On NPR’s Trump Trials podcast, All Things Considered host Mary Louise Kelly speaks with Georgia’s Secretary of State Brad Raffensperger about the upcoming presidential election. And on the American Enterprise’s Voting Booth podcast, co-hosts John Fortier and Don Palmer are joined by Emily Frye, Director for Cyber Integration at MITRE’s Center for Securing the Homeland to talk about Threats to Election Security: What Not to Worry About.

Sticker News: Congratulations to 10-year-old Kezia Warfisch of Walcott for winning the inaugural Vermont “I Voted” sticker contest. The judges included staffers from Seven Days and the Secretary of State’s Office, along with several town clerks. More than 80 students submitted designs. Robyn Palmer, director of civic and voter engagement for the Secretary of State’s Office, collaborated with Seven Days to narrow the choices to 12 finalists, whose work was anonymized to prevent favoritism. Kezia’s design was the clear winner. In her contest entry, the young artist wrote: “I tried a few different designs and liked this one best. It was fun!” Her father, Elliot Waring, noted that this is her third art contest win — she also came out on top in a logo design competition for Wolcott’s new community forest and Casella’s annual calendar contest; her art was featured on the calendar cover that year. The Secretary of State’s Office will print Kezia’s stickers and deliver them to Wolcott to be given out at the polls. San Luis Obispo County, California has two new “I Voted” stickers. The winning designs, by Old Mission School third grader Melanie Rathbun and San Luis Obispo High School senior Joanna Rawlings, were selected from among 20 entries and votes were cast by mayors of the seven SLO County cities. “The entries were so fun and creative,” said Clerk-Recorder Elaina Cano. “It made us very proud to present the mayors with such a great group of designs, and we appreciated their help in determining which entries rose to the top.” The new stickers will be available at both the San Luis Obispo and Atascadero Elections Offices beginning October 7, and they will be at all polling locations throughout the county on Election Day, November 5. The city of Worcester, Massachusetts will be handing out 10 different, new “I Voted” stickers this fall. The City of Worcester Cultural Development Division, along with the Election Commission called for different sticker designs from local artists, ranging from professional designers to schoolchildren, containing the phrase “My vote counts” or “Your vote counts.” The stickers contain the phrase in several different languages. Five of the 10 are in English, two are in Spanish and one each is in Portuguese, Mandarin and Twi, a language spoken in Ghana. The designs were chosen to represent the various different backgrounds of the people of Worcester, and the immigrants who have come to the city to eventually participate in democracy. The winners were chosen through polling of the submitted designs on the city’s Facebook page. More than 1,500 votes were cast to narrow a list of 22 semifinalists down to the final 10.

Ballot Measures, Rulemaking & Legislation

Federal Legislation: The House rejected Speaker Mike Johnson’s proposal that would have linked temporary funding for the federal government with a mandate that states require proof of citizenship when people register to vote. Next steps on government funding are uncertain. Lawmakers are not close to completing work on the dozen annual appropriations bills that will fund federal agencies during the next fiscal year, so they’ll need to approve a stopgap measure to prevent a partial shutdown when that budget year begins Oct. 1. The vote was 220-202, with 14 Republicans and all but three Democrats opposing the bill. Johnson, who said after the vote he was “disappointed,” will likely pursue a Plan B to avoid a partial shutdown, though he was not yet ready to share details. “We’ll draw up another play and we’ll come up with a solution,” Johnson said. “I’m already talking to colleague about their many ideas. We have time to fix the situation and we’ll get right to it.” Requiring new voters to provide proof of citizenship has become a leading election-year priority for Republicans raising the specter of noncitizens voting in the U.S., even though it’s already illegal to do so and research has shown that such voting is rare. Opponents say that such a requirement would disenfranchise millions of Americans who do not have a birth certificate or passport readily available when they get a chance to register at their school, church or other venues when voter registration drives occur. House Democrats said the proof of citizenship mandate should not be part of a bill to keep the government funded and urged Johnson to work with them on a measure that can pass both chambers.

Alabama: A legislator has prefiled a bill that would allow people with disabilities to receive assistance when they submit their ballots. HB 31, sponsored by Rep. Adline Clarke, D-Mobile, would allow people who are blind, disabled, or unable to read or write to designate another individual to deliver an absentee voter application, or the ballot itself, to an election manager to be considered during an election. “I have a lot of seniors in my district, about five senior living apartment complexes, and I often get calls from those seniors for help with absentee voting,” Clarke said in an interview Wednesday. “I will often deliver an application to them so that they can submit that to the absentee election manager’s office for an absentee ballot.” Under the bill, a person with a disability must designate a person to deliver the application at least five days before an election. The legislation also allows a disabled individual to designate a person to deliver the ballot to the election manager in person or place the ballot in an envelope to be mailed to the election manager by the time of the election. HB 31 is part of a set of proposals from Democratic lawmakers who want to extend opportunities to vote for a larger part of the electorate as the state has imposed greater restrictions on voting in the name of election security and integrity.

California: Gov. Gavin Newsom (D) signed a handful of artificial intelligence-related bills that would give actors more protection over their digital likenesses and fight against the spread of deep fakes in political ads, among other regulations aimed at the fast-rising technology.  “They were important election integrity bills that are long overdue,” Newsom said in an interview at Dreamforce, a San Francisco conference hosted by business software giant Salesforce. “The election’s happening, early voting is happening, these bills were urgent for me to get done.” At least one of the new laws could play into this year’s presidential election, which has already seen an online proliferation of deep-fake political endorsements and videos featuring false videos of candidates. One of the new laws, AB 2839, aims to curb manipulated content that could harm a candidate’s reputation or or public confidence in an election’s outcome, with the exception of parody and satire. Under the legislation, a candidate, election committee or elections official could seek a court order to get deep fakes pulled down. They could also sue the person who distributed or republished the deceptive material for damages. The other bills signed include AB 2655, which requires technology platforms to have procedures for identifying, removing and labeling fake content. This also exempts parody, satire and news outlets that meet certain requirements. AB 2355 requires a committee that creates a political ad to disclose if it was generated or substantially altered using AI.

Michigan: The Senate has passed a bill to expand voting rights and access in the state. According to officials, the Michigan Voting Rights Act, or MIVRA, is a sweeping legislative package that would: Provide new legal tools to fight voter suppression in courts; Expand language assistance for voters with limited English proficiency; Ensure advance public notice of key voting changes to enable voters and voting rights advocates to take action; Expand election assistance, such as curbside voting and support for electors in line; Provide new protections and assistance for voters with disabilities; Establish a central database for election information to increase transparency and promote best practices; and Allow courts to require judicial pre-approval before voting changes can go into effect in jurisdictions that have violated voting rights laws. “Every Michigan voter deserves access to fair, secure elections and no citizen should be unfairly denied the right to vote. The Michigan Voting Rights Act will not only build on the federal Voting Rights Act but will add new protections at the state level to shield us from future attacks on our democracy. “Thank you to Senators Camilleri, Moss, Chang, and Geiss for their leadership in this effort and thank you to the Michigan Senate for leading the way and passing this important legislation. I look forward to working with our legislative partners to strengthen the bill in the House.”

Bloomington, Minnesota Ballot Measure: Bloomington residents will soon cast ballots to decide how they want to vote in the future for mayor and City Council. The city has used ranked-choice voting in the past two elections, but in November voters will see a ballot question asking if they want to repeal that system. Members of Residents for a Better Bloomington, the group leading the repeal effort, say the method is confusing and undermines voters’ faith in the system. Supporters, meanwhile, say the system gives voters more choices and reduces acrimony in politics. Top Bloomington city staff say they’re not taking a stance on which method the city should use. “Whatever the voters choose is what the city is going to report and implement,” said Bloomington City Clerk Jamy Hanson, whose office oversees elections. The suburb of about 90,000 people adopted ranked-choice voting in 2020. Both supporters and opponents acknowledge it’s difficult to pinpoint whether ranked-choice voting changed the outcome of Bloomington races, in part because there’s not a definitive way to know who would have won the primary and competed in the general election under the old system. Of the 10 most recent Bloomington races, six were decided in the first round and four were tabulated using ranked-choice voting methods.

New Hampshire: Gov. Chris Sununu (R) signed a bill that requires identification to vote without exceptions and hard proof of U.S. citizenship for first-time New Hampshire voters to register, a major reversal of his earlier position against it. “We have a proud tradition and proven track record of conducting elections that are trusted and true,” he said in a statement. “Looking forward to the next decade or two, this legislation will instill even more integrity and trust in the voting process.” HB 1569 requires voters to produce a photo ID on Election Day or be barred from voting. It eliminates the current law that allows people who show up to vote without photo ID to sign an affidavit attesting to their identity under penalty of perjury.  And it requires that people voting in New Hampshire for the first time produce documentary evidence of their U.S. citizenship through a passport, birth certificate, or other document in order to register to vote. The bill will take effect Nov. 11, and will not affect the upcoming Nov. 5 general election. Sununu’s decision to sign the bill is a change in position. For months, as HB 1569 advanced through the legislative process, Sununu suggested he would not support it, stating multiple times that he was “not looking into making significant changes in voting laws.”  “I think our system works well, we have really high voter turnout, the affidavit ballot and process seems to be working pretty darn well,” he said in March.  In the interview just after the Republican Unity Breakfast, Sununu acknowledged his previous skepticism of the bill. “I didn’t love it,” he said. But he added that that position has changed.

Wausau, Wisconsin:  The Wausau Public Health and Safety Committee has passed a local ordinance designed to protect election workers, supervisors, and employees of the City Clerk’s office for the next three elections. City Clerk Kaitlyn Bernarde says the protections and penalties are designed to mirror a state law that was passed earlier this year but won’t go into effect until next July. The ordinance would protect some 150 poll workers from “physical threats and violence. “[The state law] doesn’t go into effect until next July so we are looking to update our local ordinance to include this protection until the state statute goes into effect,” added Bernarde. Council President Lisa Rasmussen and District 10 Alder Lou Larson agreed the need for the ordinance is sad given the heated nature of politics at all levels. The proposal passed the committee on a unanimous voice vote. The local ordinance creates a civil forfeiture, or fine, for anyone found to have harassed or intimidated a poll worker or clerk. It would come off the books on June 30th, with the state statute going into effect on July 1st. Bernarde notes that the ordinance would cover the Presidential election on November 5th along with the April 2025 non-partisan election and any potential February 2025 primary. The City Council will consider the measure on Tuesday, September 24th.

Legal Updates

Federal Litigation: Delaware Superior Court Judge Eric Davis granted partial summary judgment to each side but said a jury must decide several key issues in the Smartmatic vs Newsmax case. Florida-based Smartmatic is suing Newsmax, claiming the cable network’s hosts and guests made false and defamatory statements after the election implying that Smartmatic participated in rigging the results, and that its software was used to switch votes. Newsmax, also based in Florida, argues that it was simply reporting on serious and newsworthy allegations being made by Trump and his supporters. Attorneys for both sides asked Davis to rule in their favor without holding a trial, which is scheduled to start Sept. 30. “Statements regarding Smartmatic software or voting machines altering the results of the election are factually false,” wrote Davis, who noted that Smartmatic did not provide any election machines or software used in the 2020 election outside of Los Angeles. However, the judge said that not every allegedly defamatory statement published by Newsmax, including statements about Smartmatic’s ties to Venezuela and its late president Hugo Chavez, has been shown to be materially false. “Therefore, the court will allow Newsmax to contest falsity as to Smartmatic’s connections with Venezuela,” he wrote. In court papers, Newsmax has described Smartmatic as “a struggling election technology company with a checkered history” that is using a legally baseless and unconstitutional theory of liability to try to obtain a massive windfall.

Alabama: Voting rights groups filed a federal lawsuit against Alabama Secretary of State Wes Allen, saying his attempt to remove individuals who are not citizens from the state’s voter registration rolls violates the U.S. Constitution and federal law. The lawsuit filed in U.S. District Court for the Northern District of Alabama alleges that Allen’s initiative breaches several provisions of the National Voter Registration Act (NVRA) and Voting Rights Act of 1965. The lawsuit also alleges that the action violates the 14th Amendment to the U.S. Constitution because it discriminates against naturalized citizens and eligible voters that the Secretary of State’s Office identified. “The framing of the announcement, and the description of the voter roll purge process that Secretary Allen described in that Aug. 13 release gave us immediate concern that there was some unlawful purging activity going on here,” said Jess Unger in an interview Monday, a senior staff attorney for voting rights with the Southern Poverty Law Center, a civil rights organization representing the plaintiffs in the lawsuit. The plaintiffs, who include the League of Women Voters of Alabama and the Alabama Coalition of Immigrant Justice, argue  that Allen’s action violates provisions of the NVRA, enacted by the federal government in 1993. The lawsuit alleges that Allen, through the news release, initiated a new program within 84 days of the election, less than the 90 days mandated by the NVRA.

Alaska: The Alaska Supreme Court has affirmed the U.S. House candidacy of Eric Hafner, a Democrat imprisoned in New York state. The court, in a split 4-1 decision, upheld Anchorage Superior Court Judge Ian Wheeles’ decision to dismiss a lawsuit by the Alaska Democratic Party that had challenged Hafner’s eligibility. The decision means Hafner will appear on the November U.S. House ballot alongside incumbent Democrat Rep. Mary Peltola, Republican challenger Nick Begich, and Alaskan Independence Party challenger John Wayne Howe. It also means that election preparations, including ballot printing and distribution, will continue on a previously published schedule. “We would just thank the Supreme Court for issuing a decision on such short notice and preventing any disruption to the election,” said Solicitor General Jessie Alloway, assistant attorney general Thomas Flynn and assistant attorney general Kate Demarest, who opposed the lawsuit on behalf of the Alaska Division of Elections. Under Alaska’s elections system, the top four finishers from the primary election advance to the general election. Hafner finished sixth, but two higher-finishing Republicans withdrew from the race, allowing Hafner to advance.

Arizona: On September 17, the Maricopa County Recorder’s Office filed an emergency petition asking the Arizona Supreme Court to rule on whether the voters affected by a system “glitch” should be required to provide documented proof of citizenship before the November election in order to vote a full ballot. The eligibility of nearly 100,000 registered voters in Arizona is up in the air. The error in state systems uncovered just before the scheduled sending of mail ballots, Secretary of State Adrian Fontes announced on Tuesday. The state incorrectly marked these voters when they registered to vote as already having provided documented proof of U.S. citizenship, when really, it’s unclear whether they have, Fontes said. The error stems from the way the Motor Vehicle Division provides driver’s license information to the state’s voter registration system. The voters affected by this particular error are people who first obtained their Arizona driver’s license before October 1996 and then were issued a duplicate replacement before registering to vote sometime after 2004, according to Fontes. According to Votebeat, it’s unclear why no one noticed the error sooner, Fontes said, but it’s been occurring for roughly two decades and over four administrations.ate. In his filing, Fontes advocated for preserving the status quo during the election and verifying citizenship statuses afterwards. Election deadlines are around the corner, wrote his attorney, Craig Morgan, and introducing new requirements this late in the year will only cause confusion and chaos. Ballots for military and overseas voters are set to be mailed this Saturday, and the last day to register to vote is Oct. 7, just two weeks away. Early voting begins on Oct. 9. On top of that, Fontes added, there’s no reason to suspect that the majority of the 97,000 are noncitizens. In fact, most of the evidence points to most of them being in the country lawfully and being eligible to vote. Republicans backed Fontes’ argument, urging the court to keep things the way they’ve been for the past 20 years. Attorney Andrew Gould, representing the Arizona Republican Party in an amicus brief, told the justices that preventing the voters from receiving full ballots would violate federal protections.

Arkansas: The U.S. Court of Appeals for the Eighth Circuit granted a temporary administrative stay meaning Arkansas officials can again implement a new “wet signature” rule that limits the use of electronic signatures on voter registration forms. State lawmakers in May approved an emergency rule drafted by the Arkansas Board of Election Commissioners that requires a “wet signature,” meaning signing with a pen, on voter registration applications unless they’re completed at state agencies, like the DMV. In June, voter advocacy group Get Loud Arkansas challenged the rule with a lawsuit filed in the U.S. District Court for the Western District of Arkansas against Secretary of State John Thurston, the Arkansas State Board of Election Commissioners and the county clerks of Benton, Pulaski and Washington counties.  Additional plaintiffs include Vote.Org, a national voter registration-focused nonprofit, and two Arkansans who had their voter registration applications rejected because they had an electronic signature — Nikki Pastor and Trinity “Blake” Loper. U.S. District Judge Timothy L. Brooks said he issued a preliminary injunction on Aug. 29 because requiring that voter registration applications be signed with a “wet signature” likely violates the Materiality Provision of the Civil Rights Act of 1964 and will cause plaintiffs irreparable harm.  Defendants in the case filed an appeal with the Eighth Circuit on Sept. 4. According to Friday’s order, the district court’s preliminary injunction is administratively stayed pending a ruling by the Eighth Circuit “on Appellants’ motion to stay the preliminary injunction pending disposition of this appeal.”

Florida: A nonprofit advocacy group, Florida Rising,  filed a federal lawsuit challenging the state’s process of verifying voter registration applications, alleging it violates federal laws. The lawsuit, filed in the federal Middle District of Florida, focuses on the process for verifying voter registration applicants’ eligibility. Prospective voters are deemed eligible by election officials if certain identifying information entered into the state’s voter registration system lines up with data maintained by the Florida Department of Highway Safety and Motor Vehicles or the federal Social Security Administration. Applicants whose information does not produce an “exact match” are not allowed to vote “unless they overcome burdensome bureaucratic hurdles,” the lawsuit said. The process “not only places the burden of verification on Black voters, it further disenfranchises Black eligible voters,” lawyers representing Florida Rising Together, the plaintiff, wrote in the lawsuit. The group is a nonprofit “dedicated to advancing economic and racial justice across Florida by building power in historically marginalized communities,” according to the lawsuit. The state’s process is flawed, in part, because the federal database used to verify voter registration “is widely known to routinely produce false and inconsistent results,” the lawsuit alleged. The lawsuit also said “more than 43,000 individuals who submitted otherwise valid voter registration applications to Florida election officials since 2018 across 26 Florida counties have never been able to register to vote successfully solely due to the ‘exact match’ requirement.”

Georgia: Jason Frazier and Earl Ferguson — who have unsuccessfully challenged the eligibility of Fulton voters in the past – have asked to withdraw a federal lawsuit that claimed Fulton County did not remove ineligible people from its voting rolls. Frazier and Ferguson filed the lawsuit in August in U.S. District Court in Atlanta. The lawsuit said Fulton County violated state and federal laws by failing to routinely remove ineligible voters from its rolls. They also claimed the county had not acted on a recent challenge in a timely fashion. On Monday they filed a motion to withdraw the lawsuit. The duo’s attorney, James Elliott, wrote that he had determined they had “failed to meet a condition precedent for seeking relief” in the court. He did not elaborate, but he indicated the plaintiffs could refile the lawsuit later. In court records, Fulton County officials said they do remove ineligible records as required by law. Among other things, they say the county reviews Social Security Administration records and other documents every month to remove dead voters, checks court records to remove convicted felons and reviews change-of-address information to remove people who no longer live in Georgia.

Idaho: The United States District Court of Idaho dismissed the lawsuit challenging Idaho’s new voter registration requirements brought forward by March for Our Lives, with the Court’s decision affirming the legitimacy of the state’s updated voter registration laws. In the ruling, issued on Wednesday, Sept. 18, the court affirmed that Idaho’s voter ID requirements are a reasonable and constitutional measure designed to protect the election process from fraud and misconduct while maintaining fairness for all eligible voters. “The U.S. District Court affirmed that Idaho voter registration laws are fair and accessible. I’m pleased by the court’s decision,” said Idaho Secretary of State Phil McGrane. “I’m looking forward to continuing our voter registration efforts as we get closer to the November General Election.” Representative Brandon Mitchell, sponsor of House Bill 340, said, “I’m proud to have helped pass some of the most significant voter registration laws in Idaho history to bring safeguards to elections and ensure only eligible voters may register and cast a vote in Idaho.”

Michigan: The Republican National Committee asked the Michigan Court of Claims to declare ahead of the Nov. 5 general election that absentee voter ballots cast be rejected if local election officials fail to affix a written statement to the envelopes they arrive in saying the voter signature on the envelope has been verified. Such a provision, which the lawsuit argued is required by state law, “preserves the purity of elections and guards against abuses,” the RNC lawyers said. Angela Benander, a spokesman for Secretary of State Jocelyn Benson’s office, which oversees the administration of elections in the state and issues guidance to local clerks, dismissed the lawsuit as raising an issue a short time before absentee ballots go out that could be easily dealt with as a “simple administration procedure” and said clerks have already been instructed to contact the Elections Division with any questions on how to handle the envelopes. “This lawsuit could have been an email,” Benander said. “This is not about the law, our processes or election administration. It’s about getting a headline that causes voters to doubt the integrity of our election processes. It’s an abuse of our judicial system and a waste of all our time.” The RNC’s latest lawsuit in Michigan notes that state law requires voters who request or automatically receive absentee voter ballots to sign the return envelopes they send back to their local clerk’s office for the ballot to count. The lawsuit argues that clerks or their workers must note on the envelope the day it was received. Then, separately, the clerk, after verifying that the signature on the envelope matches one already on file or on the voter’s absentee ballot application, must attach a written statement to the envelope, after the signature has been verified, that the ballot has been approved for tabulation.

Minnesota: U.S. District Judge Nancy Brasel has tossed out a lawsuit seeking to overturn a new Minnesota law making it illegal to knowingly spread false information about voting prior to an election. The suit, filed by the conservative group Minnesota Voters Alliance, argued that the new law is unconstitutional because it could open people up to prosecution for stating sincerely held false beliefs, like “felons do not have the right to vote.” The legislation was a target of conservative ire even before it passed. The group claimed that the law “subjects anyone who expresses controversial views about Minnesota election laws to criminal prosecution, civil litigation from any member of the public, and even prior restraint on their speech.” Brasel was unpersuaded. Brasel noted that the law allows for false statements to be prosecuted only if two conditions are met: the person making them knows they are false, and the statements are made with the intent to impede somebody from voting.

Mississippi: A lawsuit has been filed against DeSoto County alleging the county’s mapping of its five supervisor districts discriminates against Black voters and violates the Voting Rights Act. The lawsuit was filed Sept. 12 in the U.S. District Court for the Northern District of Mississippi Oxford Division by the American Civil Liberties Union of Mississippi, the Legal Defense Fund and Harvard Election Law Clinic. Filed on behalf of the DeSoto County NAACP, Delta Sigma Theta Sorority and two individuals, the lawsuit alleges that the current supervisor district map created in 2022 violates Section 2 of the Voting Rights Act. ACLU-MS said the map discriminates against Black DeSoto County residents and dilutes their voting power by splitting the majority-Black city of Horn Lake between supervisor districts 3 and 4. ACLU-MS citied statistics which it said showed a lack of representation for Black voters — though DeSoto’s population is more than 30% Black, none of the 25 county officials elected by the map’s district lines are Black. These include the Board of Supervisors, Board of Education, the Election Commission, the Justice Court and Constables.

Nevada: The ACLU of Nevada filed a lawsuit against the Nye County Clerk’s Office for denying one of their nonpartisan staff members access to observe the election process in the state’s June presidential primary election.  According to the lawsuit, an ACLU staff member was blocked “from observing voting and the handling and processing of ballots during the 2024 Presidential Preference Primary election.” Under Nevada state law, county clerks must allow members of the general public to observe conduct of voting at any given polling place. When the ACLU of Nevada staff member went to observe the ballot counting as a “nonpartisan observer,” they were denied access by the county clerk because the county implemented a policy limiting election observation to one observer per political affiliation, even when there’s space available.  “Through its observers, the ACLU of Nevada receives actionable information on issues that arise at the polling locations, gains an understanding of the election process in each county, and can assist voters who are prevented from casting their ballot,” the lawsuit reads.  The lawsuit argues that Nye County’s election observer policy — and the staff member’s denied entry to observe the elections process in June — violates state law and the Nevada Constitution. The ACLU of Nevada said in a release that the case “seeks to affirm the rights of Nevadans to uphold election transparency and prevent viewpoint discrimination in our democracy.”

Donald Trump’s campaign and other GOP groups have filed a lawsuit alleging that Nevada fails to remove noncitizens from its voter rolls — Republicans’ fourth lawsuit challenging the state’s electoral procedures this year.  In the new lawsuit filed in Carson City District Court on Thursday, the Trump campaign, Nevada GOP, Republican National Committee and a Clark County voter are accusing Secretary of State Cisco Aguilar of improper list maintenance and failing to investigate if registered voters are noncitizens.  They allege that the state has not adopted any regulations to verify that people on the voter rolls are citizens or that the state systemically removed noncitizens from the voter rolls, therefore violating their duties. Republicans, they argue, are seeing their votes diluted by that system, and therefore are asking the court to require the state to address the issue through more aggressive list maintenance.

New Hampshire: Gov. Chris Sununu (R) signed a bill into law that requires all people registering to vote to show a passport, birth certificate or naturalization papers at the polls. Set to take effect after the November general elections, it would replace an existing system that allows people to swear they are qualified to vote by signing an affidavit, if they lack the required documents.A lawsuit from the New Hampshire Youth Movement, filed in federal court  alleges that the law violates the U.S. Constitution by making it “substantially harder—and in some cases impossible—for many New Hampshire citizens to register and vote.” They’re asking the court to permanently block the law from taking effect. In addition to requiring all first-time voters to prove their citizenship with documentation in hand, the law also eliminates all exceptions for people who show up to vote without an identification. The lawsuit alleges the policies will disproportionately impact younger voters and college students, “who are less likely to have ready access to the limited set of documents with which they must now prove their citizenship.” It also cites the state’s own data showing prosecutions for voter fraud, including non-citizens participating in elections, are exceedingly rare.

North Carolina: State and national Republicans have filed another lawsuit against the North Carolina State Board of Elections, this time challenging the board’s decision to allow University of North Carolina at Chapel Hill students and employees to use their university-issued digital identification cards to vote. The board approved the use of the IDs in a 3-2 party-line vote on Aug. 20. The board had previously given approval for a number of other IDs, including ones from Duke and Campbell universities. The Republican National Committee and the North Carolina Republican Party filed a lawsuit Thursday in Wake County challenging the decision, saying that the digital ID doesn’t meet state law. The lawsuit says that the state board previously wrote that “an image of a photo ID, either as a photocopy or a photo on a mobile device, is not one of the permitted forms of photo ID when voting in person.” It argues that the “UNC digital identification exists as an electronic record on a computer device” and, thus, should not be accepted.

Pennsylvania: A group of voter rights organizations has asked a Pennsylvania court to revive its lawsuit challenging  Philadelphia and Allegheny counties’ disqualification of mail-in ballots that are returned to election officials on time, but without a handwritten date on the return envelope. The 10 organizations  asked Commonwealth Court Judge Ellen Ceisler to allow them to correct a procedural error that prompted the state’s highest court to throw out a ruling in their favor. The state Supreme Court on September 13 vacated the 4-1 Commonwealth Court decision that the dating requirement contained in Act 77, which expanded absentee voting, violates the Pennsylvania Constitution’s guarantee of the right to vote. The Supreme Court said Commonwealth Court lacked authority to hear the case without the inclusion of each of Pennsylvania’s county boards of elections. It also said that naming Secretary of the Commonwealth Al Schmidt was insufficient to give the court jurisdiction over the voting groups’ claims. In a hearing Tuesday, according to court documents, Ceisler indicated she would allow the voting rights groups to correct the error by adding the other 65 county boards of elections as parties in the case and that she would reconsider their claims on an expedited basis. The Republican National Committee in a Supreme Court filing on Tuesday argued that Ceisler’s decision to allow further proceedings was improper and exceeds the court’s authority. The Republicans asked the Supreme Court to enforce its order and dismiss the case. “Any further proceedings in this case not only contravene this Court’s Order, but also threaten to unleash ‘voter confusion,’ “chaos,’ … and an erosion of the public “[c]onfidence in the integrity of our electoral processes [that] is essential to the functioning of participatory democracy,” the RNC said in its filing.

Texas: Travis County officials sued Attorney General Ken Paxton and Secretary of State Jane Nelson over the state’s attempt to block attempts to sign up more voters ahead of a hotly contested presidential election. The federal lawsuit escalates a pre-election war between Republican state officials and Democratic urban county leaders over voter registration efforts and accuses Texas officials of violating the National Voter Registration Act. Developments in the ongoing battle continue unfolding as the Oct. 7 deadline to sign up to vote looms. “Today, Travis County, once again, fights back,” Travis County Attorney Delia Garza said during a press conference. The federal suit is in response to Paxton turning to state courts to try and block the county from mailing out voter registration applications to people identified as eligible voters who aren’t currently on the rolls. Travis County is home to Austin and has long been a Democratic stronghold in the state. Paxton’s lawsuit argued that the Texas Election Code did not grant a county officials the ability to collect information about private citizens to convince them to vote and claimed that such an effort is illegal. But Democrats, local leaders and election experts disagree with Paxton’s interpretation of state law. Travis officials allege Paxton violated Title 52 of the Voting Rights Act by trying to prevent them from carrying out their duties to promote people’s right to vote. They accuse Nelson of doing nothing to stop Paxton’s alleged unlawful conduct. They argue that the state law not only allows them to send out the applications, but also encourages them to do so.

State District Court Judge Antonia Arteaga denied a request by Attorney General Ken Paxton to block a Bexar County plan to mail voter registration forms to county residents ahead of the November election, saying the request was moot. Bexar County attorneys argued in a hearing before Judge Antonia Arteaga on Monday that there was no reason for the court to issue an injunction because the forms were mailed last week, according to the San Antonio Report. Paxton’s office submitted an updated request before the hearing asking that no additional letters be sent out. “The target of the mailing — qualified individuals who recently moved to or within Bexar County — have received those forms, and perhaps have already returned them,” said Bexar County Assistant Criminal District Attorney Robert W. Piatt III. Ryan Kercher, deputy chief of the special litigation division in the attorney general’s office, argued that the plan could result in ineligible people registering to vote. Paxton appealed the decision on Monday evening, claiming Bexar officials “expedited” the mail out to take place before the hearing.

A nonprofit focused on increasing Latinos’ civic participation sued Attorney General Ken Paxton in federal court last week so it could continue its voter registration efforts after the Republican official targeted them in an investigation last month. The organization Jolt said in its request for a temporary restraining order that Paxton’s investigation would irreparably harm the organization and its associates by disclosing personal information and potentially placing its workers, volunteers and associates in harm’s way. “If Jolt were forced to disclose confidential information to the Attorney General, it would be considered a betrayal of the trust that Jolt has earned from the Texas Latino community,” the organization’s lawyer, Mimi Marziani, wrote in the lawsuit. “It would make it more difficult for Jolt to associate with others and carry out its mission effectively, and it would likely put Jolt employees and others associated with the organization in danger.” In its lawsuit, Jolt said Paxton did not identify a reason why the nonprofit needed to provide the information and did not accuse the organization of any wrongdoing. The group also said Paxton did not obtain the permission or authority from a court to obtain the documents, instead asking for a “Request to Examine” under state law regulating the organization of businesses. If Jolt did not comply with the request, the nonprofit could forfeit the ability to do business in the state. The nonprofit said in its lawsuit that it is also a Class B misdemeanor to fail to comply with the request from the attorney general’s office.

Wisconsin: The Republican National Committee has filed a lawsuit against the city of Racine, claiming the city didn’t hire enough Republican poll workers for the August primary election. Filed on September 13, the suit states that the city didn’t allow 47 poll workers nominated by the Republican party and approved by the Racine Common Council to work the polls in August. The party nominated 55 people to serve as election workers in that election. “Despite being qualified, nominated, and appointed, the Plaintiffs were neither contacted by the City Clerk nor scheduled by the City Clerk to work as election inspectors for the August 13th Partisan Primary,” the lawsuit states.  The lawsuit names two people the party had nominated to work the polls but weren’t contacted by the city ahead of the election. It claims the Wisconsin Elections Commission has “repeatedly instructed municipal clerks that election inspectors nominated by the Democratic and Republican Parties must be given priority before any unaffiliated individuals are selected or scheduled to work polling locations as election inspectors.” In a statement, Racine City Clerk Tara McMenamin said the city is “committed to hiring election officials who meet all statutory requirements, irrespective of political affiliation.” “In anticipation of potential increases in meritless litigation leading up to the presidential election, we are steadfast in maintaining consistent standards,” the statement said. “We will continue to adhere to all state and federal laws and provide comprehensive training to ensure that all election officials are fully qualified and well prepared to serve City residents on this upcoming Election Day.”  The lawsuit asks that the two nominated poll workers who weren’t asked to work in August be included in November.

Wisconsin’s District 2 Court of Appeals has agreed to hear Robert F. Kennedy Jr.’s lawsuit asking that his name be removed from the ballot in Wisconsin. The court, held by a conservative majority, ruled on Wednesday that it will hear the case, in which Kennedy is attempting to get off the ballot despite having filed nomination papers  in which more than 8,000 voters signed petitions stating they want him on the ticket.  The Wisconsin Elections Commission (WEC) previously ruled that state law requires that candidates who have filed nomination papers and have qualified must be included on the ballot unless they die before Election Day. A Dane County judge ruled earlier this week against Kennedy’s effort. In its ruling accepting the case, the appeals court included a number of questions about the stickers it would like the parties in the lawsuit to answer in their briefs. The questions include if it matters that ballots with stickers on them have not been tested with voting equipment; if a candidate for a statewide office such as attorney general died and stickers were used, would those stickers need to be put on ballots statewide; and if election clerks have the discretion not to use the stickers if a candidate dies after ballots have been printed. The appeals court ruling orders that all briefs in the case be filed by September 20.

A Dane County Court court order will soon be updated to reflect an earlier appeals court ruling over when absentee ballots can be counted in Wisconsin. That’s after the state’s court of appeals sided mostly with a progressive group this summer when it agreed to a broader understanding of when a witness’ address is detailed enough for an absentee ballot to be counted. Under state law, absentee ballot envelopes must be signed by an adult witness who provides their address. But the law doesn’t define what that address should look like. Dane County Judge Ryan Nilsestuen settled on a broader definition, when he ruled in January of this year that a witness address is sufficient, as long as a “reasonable” member of the community can determine where the witness can be reached. GOP lawmakers appealed that ruling, but a state appeals court upheld most of Nilsestuen’s interpretation in July. The appeals panel differed, however, by determining that the reasonableness standard should be determined from the perspective of a “reasonable” municipal clerk, rather than a reasonable community member. On Monday, an attorney for RISE submitted a revised order to Nilsestuen, which reflects the changes ordered by the appeals court, when that three-judge panel sent the case back to Dane County. No one objected to the proposed order and, during a status hearing Monday, Nilsestuen said he plans to sign it.

Opinions This Week

National Opinions: Election worker threats | U.S. Postal Service | National Popular Vote | Accessibility | Election lies | Turnout | National Voter Registration Day | Early voting | Voter ID | Disability rights | Voting rights 

Arizona: Voter registration glitch

Arkansas: Voter participation

California: Incarcerated voters | Turnout 

Colorado: Democracy deniers 

Florida: Palm Beach County | Artificial Intelligence | Ex-felon voting rights 

Georgia: State board of elections | Election officials | Every voice matters | Election changes | Rulemaking | Election denialism 

Idaho: Voter education | Election reform 

Indiana: Secretary of state 

Kansas: Same day registration 

Louisiana: Noncitizen voting 

Maine: National Voter Registration Day 

Maryland: Media

Michigan: Secretary of state | Voter registration 

Minnesota: National Voter Registration Day |  Voter registration 

Missouri: Hand counts, II | Secretary of state

Nevada: Ranked choice voting 

New Jersey: Same day registration

New York: Ranked choice voting 

North Carolina: Voter ID | Youth vote | Election deniers | Election litigation 

Oklahoma: Election system | Voter registration | Native American voting rights 

Pennsylvania: Get out the vote | Vote by mail, II | Litigation 

South Carolina: Election workers 

Tennessee: Voter fraud 

Texas: Tarrant County | Election integrity 

Virginia: Noncitizens | Ranked choice voting 

Wisconsin: Democracy 

Upcoming Events

The Experts’ Guide to Free and Fair Elections: Election workers are unsung heroes, working behind the scenes to ensure that our elections run smoothly and securely. Yet many people don’t fully grasp what their job entails, leaving room for election deniers to spread misinformation. This lack of understanding has fueled a disturbing rise in threats, intimidation, and abuse against election officials since 2020. As we approach another critical election marked by rampant misinformation and attacks on democracy, it’s more important than ever to know the facts about election administration. Join The Brennan Center for a live event at 3 p.m. ET on Thursday, September 19, that will spotlight these essential but often overlooked professionals. The discussion will offer a unique opportunity to hear firsthand from the people who make our elections possible as they share their day-to-day challenges and the role that they play in protecting democracy. Speakers: Adrian Fontes, Secretary of State, Arizona; Brenda Cabrera, Former Director of Elections, Fairfax, Virginia; Brianna Lennon, County Clerk, Boone County, Missouri; and Moderator: Natalie Tennant, Former Secretary of State, West Virginia. When: September 19, 3pm Eastern. Where: Online.

Political Violence Webinar: Jone The Elections Group and the Committee for Safe and Secure Elections for a webinar on political violence trends, research and protections. We’ll be joined by American political scientist Robert A. Pape, Ph.D. for a presentation on political violence trends and research. Pape is a professor of political science at the University of Chicago and the director of the Chicago Project on Security and Threats. We’ll also be joined by Jasleen Singh, counsel in the Brennan Center’s Democracy Program, who will discuss laws against voter and election worker intimidation that protect access to the ballot. Don’t miss this important information and the resources our panelists will share. When: September 20, 12pm Eastern. Where: Online. 

Talking to Voters About Audits: Messaging That Works: A webinar from The Elections Group for election officials featuring audit communications research and expert recommendations. This webinar follows our Using Audit Reports To Boost Awareness and Trust webinar on September 17, when we shared many new resources and our special guests offered valuable insights. The video is available online. When: September 24, 12pm Eastern. Where: Online 

Electing the President: From Election Day to the Joint Session:  The Campaign Legal Center will be hosting Electing the President: From Election Day to the Joint Session. American elections have long been a model of freedom and fairness for democracies around the world, with a comprehensive system of checks and balances to ensure all votes are counted and election results are honored.  The Electoral Count Reform Act (ECRA) is one critical safeguard that ensures our presidential elections run smoothly. Congress passed the ECRA in 2022, updating the antiquated Electoral Count Act. The 2024 election will be the first presidential election utilizing the ECRA’s updated rules for finalizing the presidential election. The ECRA lays out the process and timeline for electing the president and vice president from Election Day to the Joint Session of Congress. Importantly, it also closes some of the ambiguous gaps in the prior 1887 law that governed the presidential election process. That is why it is so important that the public, media and elected officials alike are all informed about how the ECRA will work in practice. You’ll be the first to explore our forthcoming report, Electing the President: From Election Day to the Joint Session, with the experts who wrote it. The report explains the timeline and procedures that will guide the presidential election process. We’re excited to bring advocates and experts together to discuss the crucial role the ECRA will have in ensuring this year’s presidential election runs smoothly and deep dive into what the process will look like from 2024 forward. When: September 24. Where: Online.

Working Together: Supporting the 2024 Elections through Federal Partnerships: Join the U.S. Election Assistance Commission (EAC) for “Working Together: Supporting the 2024 Elections through Federal Partnerships” in the agency’s hearing room.  During this event, representatives from key federal agencies will discuss the ways they are working together to support local and state election officials as they prepare for the 2024 elections. This event will be held in person and live streamed on the EAC’s YouTube channel. When: September 26, 1pm-4pm Eastern. Where: Washington, DC and Online. 

Managing and Providing Opportunities for Meaningful Observation: Join The Elections Group and The Carter Center for a webinar focused meaningful observation. Join us as panelists will share tips, tools and resources your office can use to improve observation experiences. Don’t miss this opportunity to ask questions and collect important information. When: September 26, 12pm Eastern. Where: Online

Democracy Beyond Elections: Join New America’s Political Reform program, Columbia World Projects, and FIDE – North America on September 26th from 11 am to 12 pm EST for a panel discussion with international practitioners who have designed and implemented citizens’ assemblies at the local, regional, and national levels. This webinar will explore the unique promise and potential challenges of implementing citizens’ assemblies in the United States, exploring questions of how to amplify the voices and preferences of citizens in ways that go beyond the opportunities presented by elections and our current representative institutions. We will hear from Iain Walker, Executive Director at the newDemocracy Foundation; Kenza Occansey, Vice President of Citizen Participation at the Economic, Social and Environmental Council (CESE) in France; and Jonathan Moskovic, Advisor at Democratic Innovations. They will share their experiences using citizens’ assemblies as a tool to deepen democracy and strengthen citizen engagement across Europe and Australia. The discussion will be moderated by Hollie Russon Gilman, Senior Fellow at the Political Reform Program. When: September 26, 11am Eastern. Where: Online.

National Voter Education Week: National Voter Education Week (NVEW) is an open-source and nonpartisan campaign to help voters bridge the gap between registering to vote and actually casting a ballot. During this week of interactive education, voters have the opportunity to find their polling location, understand their ballot, make a plan to vote in person or remotely, and inspire others to get involved. NVEW strives to help voters overcome common barriers to become confident voters and ambassadors of voting in their own communities for every election. When: Oct. 7-11. Where: Everywhere. 

Finding Common Ground in Election Law: As we prepare for another fall semester, we’re excited to bring you a robust series of events on the 2024 Elections, Election Law, and the risks facing democracy in the U.S. Co-sponsored by the Office of the Dean, UCLA Law, this webinar will feature: Lisa Manheim (University of Washington School of Law), Derek T. Muller (Notre Dame Law School), and Richard L. Hasen (Director, Safeguarding Democracy Project, moderator). When: October 9, 3:15 pm Eastern. Where: Online. 

AI, Social Media, the Information Environment, and the 2024 Elections: As we prepare for another fall semester, we’re excited to bring you a robust series of events on the 2024 Elections, Election Law, and the risks facing democracy in the U.S.  Co-sponsored by the Institute for Technology, Law & Policy, UCLA Law, this webinar will feature: Danielle Citron (University of Virginia Law School), Brendan Nyhan (Dartmouth), Nate Persily (Stanford Law School). When: October 21, 3:15 pm Eastern. Where: Online

Vote Early Day: Vote Early Day is a nonpartisan movement of media companies, businesses, nonprofits, election administrators, and creatives working to ensure all Americans have the tools to vote early. Vote Early Day was founded by MTV as a new civic holiday focused on helping every voter know how, where, and when they can vote early. Launched in the midst of a global pandemic, Vote Early Day became a critical resource to ensure no voter had to choose between their health and casting their ballot. In its first celebration, Vote Early Day attracted 134 premier partners and 2,700 general partners from every state in the nation. Over 3,000,000 voters cast their ballots on Vote Early Day alone. When: October 29. Where: In states that allow early voting.

Election Hero Day: Election Hero Day recognizes the important work and contributions of poll workers, election administrators, and clerks to ensure efficient and secure elections. Join business leaders, elected officials, nonprofit leaders, and citizens from around the country the day before Election Day to celebrate these heroes of our democracy. When: November 4. Where: Everywhere.

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. 

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.

Associate Director, Elections Project, Bipartisan Policy Center– The Associate Director will be responsible for leading the Elections Project’s state and federal legislative engagement efforts. This will include work with election official state associations’ legislative committees, education and outreach to state and federal lawmakers, and coordination with our c4 BPC Action and other federal partners. The Associate Director must be well-versed in election administration and have strong policy, research, writing, and oral communication skills. The position will report to the Director of the Elections Project Rachel Orey and work closely with others on BPC’s elections team. Specifically, the Associate Director will have the following responsibilities: Lead exploratory research effort into state associations of election officials’ legislative committees. Once complete, maintain relationships with associations’ legislative committees, providing policy guidance and legislative support where applicable.Execute the Elections Project’s state and federal advocacy efforts in coordination with BPC Action, BPC’s c4 partner. Manage at least one junior team member, as well as consultants and interns as needed. Assist in establish work plans and the setting of strategic goals related to legislative activities. Assist in the public communication of the project through podcasts, events, media roundtables, and more. Develop (and/or oversee development of) internal and external meeting agendas. Facilitate internal and external meetings, representing BPC Elections and its policy priorities to a broad and diverse audience. Develop and maintain a network of key stakeholders (such as election administrators, peer organizations, funders, state and local government representatives, and more). Coordinate with current funders and support fundraising efforts as needed. Work with communications, development and legislative teams to ensure smooth and productive interaction with each functional area. Significant travel (~20%) required. Travel will not be spread evenly throughout the year and will likely cluster during state legislative sessions and summer conference seasons. Salary: $110k-$130k. Application: For the complete job listing and to apply, click here. 

Cybersecurity Junior Analyst, Palm Beach County, Florida– The Cybersecurity Junior Analyst is responsible for monitoring the organization’s log aggregation tools and triage suspicious activity or detection alerts generated by the security controls implemented within the Supervisor of Elections Office network environment. Additionally, this position will serve as the first line of defense and response for identified security events in accordance with the Information Security Policy, and cybersecurity procedures. Candidate must be organized and personable with a great attitude, be able to work well in a team environment, calmly respond to identified security incidents, 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, be a self-starter, and remain informed on emerging threats and technologies. Application: For the complete job listing and to apply, click here.

Deputy City Clerk, North Las Vegas, Nevada— Under general supervision, performs specialized administrative and technical work related to the operation of the Office of the City Clerk. Prepares, processes and distributes City Council Regular, Special and Redevelopment agendas: publishes, mails, and posts agendas as required by the Open Meeting Law. Maintains agenda mailing list. Maintains invocation log and schedules for the City Council meetings. Prepares correspondence including memos to department directors and letters to applicants, representatives and property owners describing the action taken at the various City meetings. Confirms documentation needed on all contracts approved by the City Council and advises  contractors of the requirements. Obtains City signatures as necessary. Follows-up on contract expiration dates and notifies appropriate department staff. Attends bid openings. Prepares and distributes meeting minutes, action reports, and summary minutes of public meetings. Publishes, mails, and posts public hearing notices as required by the Open Meeting Law. Prepares City Council Regular, Special and Redevelopment meeting follow-up letters, memos and final action notices; provides administrative support for City Council, commissions, committees, and boards. Performs all related duties in compliance with Nevada Revised Statutes, Nevada Administrative Code and North Las Vegas Municipal Code. Responds to inquiries from the public regarding procedures, activities and other matters that require knowledge of the department’s operations. Ordinance follow-up and log maintenance. Administers agreements which do not need to be approved by City Council. Processes vacations of streets and rights-of-way and annexations; processes bonds, both financial and construction. Responsible for preparing daily, monthly, and annual statistical reporting. Assists in producing election and election related brochures and materials in all necessary languages, including requirements, important dates, methods and means of voting opportunities and necessary documentary evidence required by federal law; acts as filing officer for candidate filing, applications and expense reports. Receives payment from the public in the form of cash, check or money orders; utilizes appropriate cashiering procedures for accepting money, safeguarding the received money and accurately balancing at the end of each day. Performs other related duties as assigned. Salary: $27.01- $42.59/hr  Application: For the complete job listing and to apply, click here. 

Data Associate, Center for Tech and Civic Life – When you think about elections, you might think about popular candidates, “I voted” stickers, and all sorts of paperwork and deadlines. But behind the scenes are thousands of election officials in state and local governments who are working hard to make sure ballots are counted and voices are heard. At a time when election officials are facing unprecedented challenges and scrutiny, they need support in order to administer secure and inclusive elections and build trust among the public. As Data Associate, you will manage the data behind a new set of standards that make explicit what high performance looks like in U.S. election administration. Think Leadership in Energy and Environmental Design (LEED) certification, but for local election departments. This is big, bold work at the forefront of election administration, so an entrepreneurial spirit will help you succeed. You’ll report to a Senior Program Manager in the Government Services department. Job responsibilities: Collecting data – Develop, document, and implement systems for tracking qualitative and quantitative feedback from tools like surveys, facilitated discussions, and attending conferences. Incorporate organizational data practices into team systems.Analyzing data – Identify themes, trends, and actionable insights that support improvements to the Standards and team processes. Prioritize equity in analysis with a particular focus on CTCL’s priority audiences. This includes voters who are newly eligible, have limited English proficiency, live with disabilities, or are from communities that are impacted by the digital divide or historical disenfranchisement due to race. Sharing learnings – Tailor learnings for a variety of audiences and formats including reports, presentations, blog posts, facilitated conversations, and other formats. Contribute to a culture of continuous learning, data-informed decision making and commitment to priority audiences. Salary: $58,914. Application: For the complete job listing and to apply, click here. 

Departmental Technician, Michigan Dept. of State– This position coordinates and compiles all data requests within the Bureau of Elections applications. The incumbent will produce reports that the Election Operations Division director can use data to provide recommendations for process improvement or acquisition of new technology. The position generally provides data reports for Bureau of Election projects. Salary: $44,678.40 – $61,360.00 Annually. Deadline: September 21. Application: For the complete job listing and to apply, click here. 

Deputy Elections Administrator, Yellowstone County, Montana – Specialized and responsible administrative work in the Yellowstone County Election office which provides and maintains election reporting management system, ensures polling places meet ADA requirements, maintains voting and tabulating machines, recruits, trains and certifies Election Judges, and assists in organizing and conducting elections in Yellowstone County to comply with State election laws and statutes, to include absentee, mail-in, and advance voting programs, assists with management and direction of voter registration activities, assists with obtaining private, Federal and State grants for ADA compliance needs, assists the Elections Administrator in ballot preparation; does related duties as required. Examples of Duties: Assist with traditional and social media updates, interviews and provide access to certain areas of the Election Management process; Test and maintain voting machines to insure reliable results on Election Day; Recruit, train & certify Election Judges; Coordinate and conduct in person and online training sessions for Chief and Provisional Judges; and Coordinate and conduct in person and online training sessions for Polling Place Managers. Salary: $49,645.44 – $58,406.40 Annually. Application: For the complete job listing and to apply, click here. 

Fellow, Governance, R Street Institute–The R Street Institute—a free-market think tank headquartered in Washington, D.C., and with regional offices across the country—seeks a dynamic fellow to bolster our work on election policy. If you are the right fit, you will report to the director of the Governance program. If you want to join a mission-driven organization and work toward pragmatic policy solutions, this may be the opportunity you need! Your typical day at R Street may include conducting research on how rethinking the structure of elections can create better alignment between politicians and their constituents or drafting an op-ed on the need to ensure safe and secure voting sites. It may also include meeting with legislators, election officials, and other stakeholders to improve public trust in elections or presenting your insights on strengthening ballot security on a radio show or at a national conference. This role will serve within the Governance program, which seeks to define how a limited, effective government can minimize burdens, promote human flourishing, and encourage opportunity for all. With this lens, R Street’s electoral reform work has looked for ways to eliminate needless red tape in elections, ensure all voters can participate in taxpayer-funded elections, realign electoral incentives to promote a healthier political culture, and promote policies that create elections worthy of public trust. All the while, we recognize that keeping states in control of their own elections—an idea at the very heart of our federalist system—will create more public buy-in and allow for greater flexibility and innovation. Our study of electoral reform may touch on a wide variety of issues and will be informed by the framework we have supported in the past. Application: For the complete job listing and to apply, click here. 

Field Operations Coordinator, Hays County, Texas– Reporting directly to Election Network Engineer, responsible for overseeing the inventory, distribution, maintenance, warehouse storage, and logistics of all equipment, voting ballots, and department assets for Hays County Elections Department. Responsible for identifying and reserving polling sites including overseeing the coordination of all polling site compliance and usage. Ensures polling locations follow the Texas Election Code for early voting and election day. Oversees the day-to-day tasks of the election technicians’ program. Salary: $46,378 – $50,678. Annually Application: For the complete job listing and to apply, click here.

General Office Assistant, Michigan Dept. of State— This general office assistant position functions as administrative support for the Election Operations Division offering a full range of clerical duties and assignments. Incumbent will support administrative duties related to special projects, reimbursement, grant management programs, equipment orders, postage/mail and other operational activities. The position also aids in answering questions about the general Election Operations procedures. Incumbent supports payroll processing. Salary: $39,145.60 – $55,411.20 Annually. Deadline: September 21.  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.

Operations Associate, NASED– A part-time (approximately 20 hours per week), fully remote, Operations Associate for a small nonpartisan, nonprofit membership association. Reporting to the Executive Director, this new role will support all the organization’s operational needs. The responsibilities of this position will include, but are not limited to, the following: Help update and maintain website content; Help maintain NASED’s social media presence, including developing content and creating basic graphics; Work with NASED’s controller on monthly financial reports and with the auditor and accountant on annual reports and filings; Monitor and assist with responses to inquiries sent to NASED’s shared inboxes; Maintain organization distribution lists; Assist with scheduling Board and Committee meetings; Assist with conference planning, including developing the conference website via the conference management platform, creating and proofing materials, planning activities, and budgeting; Support the execution of two national conferences per year; Create and send annual invoices to organization members and Corporate Affiliate members; and Other duties and special projects as assigned. This position is part-time and fully remote, but the candidate must live in the United States. Travel to support NASED’s Winter and Summer conferences is required (approximately 10 days per year). This position reports to NASED’s Executive Director. This role does not supervise any staff. 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.

Registrar of Voters, Washoe County, Nevada– Under general direction of the County Manager, plans, organizes, directs and manages the operations of the Registrar of Voters Department; and performs related work as required. The Registrar of Voters plans, organizes, directs and manages the operations of the Registrar of Voters Department; plans, organizes and coordinates elections which includes hiring and training election staff, arranging for voting and training facilities, developing the election database, ensuring accuracy of data, printing ballots, purchasing, maintaining and repairing voting system hardware, ordering, preparing and distributing supplies, and performing all work required by election law. The Registrar of Voters serves as the face of the office and is frequently asked for media interviews and will provide updates and presentations to the Board of County Commissioners. Manages the day-to-day operations of the department; monitors all administrative functions to ensure policies and procedures are being adhered to, and that accurate records and files are maintained. Supervises and directs the maintenance of voter registration records in compliance with federal and state law. The Registrar of Voters works across many County Departments to secure election workers, coordinate technology, and secure adequate facilities. Supervise assigned staff, including interviewing and selecting staff; providing staff training in proper work methods and techniques; assigning and reviewing work; conducting performance evaluations. Develop and administer the department budget to include projecting future budget needs to maintain service requirements and meet changing statutory mandates; develop and implement Department policies and procedures and ensure compliance with Department and County policies and procedures. This is an Open Competitive/Countywide Promotional recruitment being conducted to fill a current full-time vacancy with the Registrar of Voters department. The list established from this recruitment may be used to fill future vacancies as they occur. Salary: $144,393.60 – $202,176.00 Annually.  Deadline: October 2. Application: For the complete job listing and to apply, click here. 

Registrar of Voters, Juris Doctorate, Washoe County, Nevada — Under general direction of the County Manager, monitors changes in voting and elections at the state and federal level; plans, organizes, directs and manages the operations of the Registrar of Voters Department; and performs related work as required. The Registrar of Voters Juris Doctorate position  plans, organizes, directs and manages the operations of the Registrar of Voters Department; stays  informed of federal, state and local laws including changes related to elections and the voting process, changes at the Nevada Legislature; drafting and review of bill draft requests related to election process and voting and best practices; testifies  at the legislature on behalf of the county and on a national level; works with the Secretary of State’s Office and the Washoe County District Attorney’s Office to determine impact of changes to Washoe County and works with staff on the implementation process of the changes to ensure county compliance.  The Registrar of Voters Juris Doctorate serves as the face of the office and is frequently asked for media interviews and will provide updates and presentations to the Board of County Commissioners.  Manages requests for confidential election related records and equipment in the County’s custody and navigating complex public records requests from local and national media. Assist with identification, preparation, and response to potential AI threats. The Registrar of Voters works across many County Departments to secure election workers, coordinate technology, and secure adequate facilities. This is an Open Competitive/Countywide Promotional recruitment being conducted to fill a current full-time vacancy with the Registrar of Voters department. The list established from this recruitment may be used to fill future vacancies as they occur. Salary: $169,852.80 – $237,785.60 Annually. Deadline: October 2. Application: For the complete job listing and to apply, click here. 

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