In Focus This Week
Countdown to November 5
What to watch
By M. Mindy Moretti
electionline.org
Welp, this is it. Election Day 2024 is upon us.
Of all the uncertainties facing the 2024 election – be they real or imagined – one thing is sure, voting will end on Tuesday. After that, between counting, certification, and conspiracy theories, it’s anyone’s guess when it will end, if it ever really does.
Although tens of millions of Americans have already cast their ballot and tens of millions more will do so before Election Day, millions more still will head to the polls on November 5 and cast their ballot for president of the United States as well as countless other federal, state and local races and many ballot issues.
Officials have worked tirelessly in the last eight years to make sure the U.S. election system is secure. From cybersecurity to physical security, it’s a different world than it was in 2016 and even 2020.
“I can say with confidence based on all the work that we’ve done together since 2016, that election infrastructure has never been more secure,” Jen Easterly, director of CISA said earlier this month. “There are cyber threats, there are physical threats to election officials, but we’re at a point now with our election infrastructure secure and the election community prepared to meet the moment on the 5th of November.”
There’s a lot to watch on Tuesday and we, of course, will be keeping an eye on everything, but these are some of the major issues that we’ll be tuned into.
We’ll be posting our Election Dispatches throughout the day more or less around 9am, 12pm, 3pm, 6pm, and 8pm. Depending on how things go we may add in another late morning and afternoon dispatch.
Good luck to all the elections officials out there, may the odds be forever in your favor and may the gods of democracy have mercy on all of our souls!
Polling Place Disruptions
Already during early voting there have been some disruptions at polling places ranging from fights to voter intimidation to assaults on poll workers. Will things remain calm on Tuesday? Will voters be able to safely cast their ballots in-person? Will poll workers and election workers safely be able to do their jobs?
Mis-/Disinformation
What impact will mis/disinformation have not only on Tuesday’s ballot casting, but also in the days and weeks to come as ballots are processed, counted and elections certified. Elections officials have been fighting for four years to make sure that their voices are the ones voters turn to for the facts. Already during early voting, officials have had to debunk videos and posts on social media. Elections officials concede that they are fighting a losing battle on one social media platform. “Elon Musk is a huge problem,” one Pennsylvania election official said. The official told CNN the strategy at this point is more about “creating a paper trail” that various claims have been debunked should they appear in any post-election legal challenges as they did in 2020. “I’ve had my friends hand-deliver stuff to him [Elon Musk],” said Stephen Richer, a top election official in Arizona’s Maricopa County, a Republican who has faced violent threats for saying the 2020 election was secure. “We’ve pulled out more stops than most people have available to try to put accurate information in front of (Musk),” Richer added. “It has been unsuccessful.”
Ballot Counting/Results
Will election workers be able to accomplish their jobs without disruption and threats? Will the results – up and down the ballot – be accepted? Elections officials across the country have worked tirelessly to make their ballot counting facilities not only more secure, but also more transparent with live-streaming. Daniel Baxter, Detroit’s chief operating officer for absentee voting and special projects, told Reuters the city is preparing for potential unrest in planning with local police and federal officials. Its election headquarters has been strengthened with armed guards and bullet-proof glass. The counting of mail-in ballots has been moved to a more secure location in the convention hall downtown. “We plan for a riot,” Baxter said in an interview. “We just want to make sure that we have planned for the worst as we hope for the best.” Will losing (and maybe even some winning) candidate accept the results?
Mail Ballots
Will all the mail ballots cast arrive on time and be counted? Will the U.S. Postal Service pull through and get all those ballots delivered? Will ballots in drop boxes remain secure until they are retrieved? Will voters remember to sign those mail ballots?
New Laws
A lot has changed since many voters last went to the polls. How will new laws on everything from voter ID to guns at polling places affect those who come out to vote on Tuesday?
Late-breaking Litigation
There is already so much litigation out there, will all of it that needs to be decided by the time polls open on Tuesday? What new suits will be filed between now and then? What sort of litigation, if any, will be field on Election Day and in the days following?
Voter Challenges
This election cycle has seen an unprecedented number of voters’ right to vote be challenged by a small number of people. What sort of impact may this have on people showing up to vote on Tuesday?
Displaced Voters
From floods, to fires to back-to-back hurricanes, thousands of voters have been displaced since the last time they cast a ballot. Will all the voters who want to cast a ballot be able to?
Unknown Unknowns
Back in 2002, former Defense Secretary Donald Rumsfeld infamously said, “…we know, there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns—the ones we don’t know we don’t know.” And while we tut-tutted about it when he said, it really has become a life lesson for Election Day. There are the known knowns—people will show up at the polls and vote. There are the known unknowns—lines will form, equipment will fail, someone will show up late to open a polling place, a car may crash into a polling place, etc. But what we don’t know are the unknown unknowns. What those will be for 2024 are anyone’s guess, but we’ll be sure to bring them to you via our Election Day Dispatches and right back here next week.
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Election News This Week
Mail Ballot Security: There have been several incidents regarding the security of mail boxes within the past few weeks. Most notably were the fires set in drop boxes in Oregon and Washington as well as a mailbox fire in Arizona. In the latest news from the Oregon and Washington fires – which police say were related – investigators believe the man suspected is an experienced metalworker and may be planning additional attacks, authorities. Authorities described the suspect as a white man, age 30 to 40, who is balding or has very short hair. About 475 damaged ballots were retrieved from the Clark County, Washington drop box. Auditor Greg Kimsey said many of the ballots had connected with a voter, but a small number had not been and it’s unclear how many were burned to ash. “I appreciate everyone’s understanding and patience as we work through this unprecedented event,” said Kimsey. “We have taken action that I hope will increase voters’ confidence in using the county’s ballot drop boxes.” Authorities in both Oregon and Washington have beefed up security around their drop boxes. Needless to say, the incidents in Oregon and Washington have raised concerns throughout the country and elections officials everywhere have been reassuring the public about the security of their drop boxes (California, Florida, Nevada, New Mexico, Ohio, Rhode Island, Utah, Wisconsin). In other mail ballot security-related news, an elections worker in Miami-Dade County, Florida was fired after a sealed bin and a sealed bag of ballots fell from their truck and were found on the side of the road. The Miami-Dade Elections Department attributed the incident to human error, explaining that the worker forgot to lock the back of the truck, resulting in the sealed containers falling out. A passerby spotted the bin and bag, then brought them to a local police station. According to Deputy Supervisor of Elections Roberto A. Rodríguez, all seals were intact, and the ballots were verified as untampered. And in Hennepin County, Minnesota, a contract employee left a bin of ballots unattended in the trunk of a car. Surveillance footage shows that the ballots were not tampered with, but that has raised calls for increased security.
Polling Place News: With early voting sites open throughout the country, we’re getting a bit of a look at some of the things that could happen at polling places on Election Day. From shouting matches to water/sewer leaks to machete wielding teenagers, it’s been an interesting week. In Duval County, Florida, 18-year-old Caleb Williams is facing an aggravated assault charge after the Neptune Beach Police Department said he “brandished a machete” to intimidate voters. Chief of Police Michael Key said a group of seven juveniles and one adult came to the Jacksonville Public Library Beaches Branch with “ill intentions to cause a disturbance.” He said the group drove up, parked their vehicle and started antagonizing early voters to protest the opposing political group, and then the situation escalated to a verbal disturbance. According to Key, Williams aggressively brandished a machete toward two women, ages 71 and 54 years old. The women called the police, and no one was harmed. The disturbance caused traffic and parking issues but the voting precinct was not evacuated. Police were called to a Miami-Dade County, Florida early voting site after supporters of opposing senate candidates got into a verbal altercation. The police intervened and everyone left without incident. One of the people caught participating in the verbal melee was Candidate for Miami-Dade Supervisor of Elections Alina Garcia. Nicholas Farley was arrested after allegedly threatening a campaigner outside an early voting site in Palm Beach County, Florida. Farley allegedly yelled antisemitic slurs and racist remarks at the campaigner, escalating his actions by returning to the site and driving erratically close to her and others nearby. The sheriff’s office reported that Farley, who has a prior record, now faces charges including voter intimidation and election law violations. Under Florida law, voter intimidation can carry penalties of up to five years in prison. Despite a sewer main break near a Grand Rapids, Michigan polling place, voters were still able to access the site. A Glacier County, Montana polling place had to be moved after road construction crews working nearby discovered an old well and there were safety concerns. A polling place was evacuated in Albuquerque, New Mexico after a bag was found. Police declared the area safe after investigating.In Chaves County, New Mexico, Clerk Cindy Fuller had to find a new Election Day vote center location after historic flooding waterlogged the Roswell convention hall and made it unusable for voting. A poll worker in Albany County, New York is no longer on the job after they read a voter’s ballot aloud. Democratic Commissioner Kathleen Donovan said the incident occurred after a voter’s ballot was initially rejected by the machine. As the voter walked away, the poll worker read aloud the ballot while reinserting it into the machine, announcing who the voter had voted for. In Delaware County, Pennsylvania Val Biancaniello was arrested for disorderly conduct following complaints from some voters in line. “Park Police approached the person, asked them to follow the rules or leave and they said they weren’t going to leave and they weren’t going to stop so they were charged with disorderly conduct,” im Allen, the director of elections said. The Richland County, South Carolina Voter Registration office has asked for guidance from law enforcement on how to handle potential disturbances at polling locations after a person, who posts videos on YouTube, walked into a polling place and disrupted early voting. Authorities are investigating a fight that broke out at an Orangeburg County, South Carolina early voting site. Video footage shows the mele occurring after poll workers asked a voter to remove a had adorned with a political slogan. In Bexar County, Texas a voter is charged with injury to the elderly, a third-degree felony, after he assaulted a poll worker who asked him to remove his Make America Great Again hat. One Harris County, Texas early voting site had to temporarily close due to a water main break.
Thinx: Period underwear company Thinx is giving away free underwear to election workers. Ahead of Election Day on November 5, Thinx is giving away free period underwear to keep election workers comfortable, protected and secure as they work the polls, the brand said in a statement. “We’re thrilled to have the opportunity to support election workers who are volunteering long hours to contribute to their community and help voters’ voices be heard,” said Sara Plotkin, VP of brand and creative at Thinx. People volunteering at local polling places across the country can submit their polling assignment from their local board of elections to @thinx via Instagram direct message to receive a promo code, redeemable for a free pair on Thinx’s website. The Thinx team will monitor and respond to messages from election workers while supplies last, according to the brand. Plotkin is leading the account alongside Thinx’s social media team. “This is the perfect way for us to kick off the #ThinxAhead initiative, our new giveaway series,” Plotkin said. “You’ll see the #ThinxAhead series continue to pop up during key moments throughout the year, responding to those in need of access to period protection while working, traveling, volunteering and more.” “We’re so excited about this new avenue for supporting our Thinx community during moments that matter,” she added.
Podcast News: With just one week until Election Day, the Center for Election Innovation & Research (CEIR) released the final episode of The Count with David Becker. “This Critical Moment” explores the crossroads at which we, as a nation, find ourselves. The steps we’ve taken to repair the damage to our democracy are by no means secure. The challenge of securing them is not a partisan one. The line is now in a different place—not a question of red or blue but right or wrong, democracy sustained or democracy lost. On the latest episode of The Voting Booth from the American Enterprise Institute, a conversation with Florida Secretary of State Cord Byrd. On The Pulse, despite reassurances, election security risks continue to mount. Election security experts warn that underfunding and a lack of expertise in the field could threaten election integrity. On Consider This from NPR, a look at the growing litigation surrounding the 2024 election. In this episode of Florida Matters from WUSF, Marion County Supervisor of Elections Wesley Wilcox discusses election security. For this episode of Trump’s Trials, All Things Considered Host Mary Louise Kelly speaks with NPR Voting Correspondent Hansi Lo Wang about mail-in ballot litigation in Pennsylvania.
Sticker News: New York City voters who cast their ballots early on Halloween will get a special Halloween edition “I Voted” sticker. The sticker features a trick-or-treating pigeon with a witches hat. Kids who accompany their parents to the polls get a temporary tattoo version. Congratulations to the students in New Bedford, Massachusetts who won this year’s “I Voted” contest. The New Bedford Election Commission held a contest across the city’s schools, choosing six winning designs — one for each ward in the city. Students were challenged with creating an updated and modern version of the iconic image. It’s part of the commission’s effort to promote civic engagement in young residents. Alaska’s new “I Voted” stickers were designed by Tinglit artist and carver James Johnson. “The history of Alaska and Alaska Natives and their right to vote is something that I wanted to acknowledge,” Johnson said. The artwork appears not only on the stickers but also on election essential booklets, with each region featuring a different part of a larger design. “When you take all those pieces and put them together, it makes it whole and complete. So that also has a metaphor for all Alaskans coming together,” he said. And we have no idea who designed them, but we do know that voters who cast their ballots in-person in the District of Columbia are getting new “I Voted” stickers at early voting sites across the city.
Personnel News: Leyden, Massachusetts Clerk Paul McLatchy III has announced his resignation, effective Jan. 31, 2025. Mike Northrup announced his retirement as the Ontario County, New York Republican elections commissioner, a seat he was first appointed to in 2000. Congratulations to Jeff Ellington, CEO of Runbeck Election Services (Runbeck), has been recognized as a 2024 Phoenix Titan 100.
New Research and Resources
Dates and Deadlines: The National Association of State Election Directors (NASED) published a visualization of 2024 Election Administration Dates and Deadlines on its website. The data were aggregated by the Election Assistance Commission (EAC), validated by NASED members and members of the EAC Standards Board, and CISA helped us with the visualization.
Mis-/Disinformation: Dealing with Election Misinformation: A Guidebook for Election Officials – Part of The Caltech 2024 Election Integrity Project – by R. Michael Alvarez, Co-Director of the Linde Center for Science, Society, and Policy (LCSSP) at Caltech: In this video presentation, Caltech Professor Michael Alvarez walks through some of the recent research his team have done at Caltech on election misinformation, and provides guidelines and suggestions for election officials and stakeholders about how to deal with misinformation as we enter the final period of the 2024 election. This guidebook is relevant for everyone, as we will all run into friends, colleagues, and family who are convinced by some election rumor or myth. In the research discussed in the Guidebook, the team used AI to develop election misinformation prebunking arguments. They show that prebunking is an effective way to mitigate the spread of election misinformation. Professor Alvarez recognizes Sander van der Linden and Betsy Sinclair for working with him and Mitchell Linegar at the LCSSP on this important project – an interdisciplinary and international dream team of researchers! Visit the project website for more information. Watch on YouTube. Listen on Spotify. Read the research.
Ballot Tracking: A new analysis from the Center for Inclusive Democracy at the USC Price School of Public Policy and the Elections & Voting Information Center (EVIC) found that voters in Georgia, Colorado and California who used a free vote-by-mail ballot tracking tool during the 2022 midterms reported higher confidence in the electoral process than non-tool users. Voters who were signed up and used ballot tracking in these three states in 2022 were also more likely to vote in the midterm election than those who did not sign up to use the free tool, likely due to the tool’s built-in vote reminders and notifications sent regularly to users. “Vote-by-mail is increasingly the way voters participate in elections, especially in California and Colorado,” said Mindy Romero, CID Director and one of the study authors. “When a voter can additionally track his or her mail-in ballot and be assured that it been received and processed, this reduces uncertainty and boosts trust in the electoral process. Our study found that more confidence in the vote-by-mail option also translated into stronger voter turnout.” Key findings of the CID study, which included both 2022 midterm data analyses and surveys of voters in California, Colorado and Georgia, included:
- Ballot tracking use is highest in California and Colorado, states where vote-by-mail ballots are more commonly used and automatically sent to all registered voters.
- Ballot tracking users had notably higher turnout rates than those not using the tool in all three states examined, which held true across all racial, ethnic and age groups examined.
- Ballot tracking users had notably lower vote-by-mail rejection rates than non-ballot tracking users in the 2022 general election.
- Awareness of ballot tracking was highest in California and Colorado, states with high levels of vote-by-mail voting; concerns about ballots being received and counted were the top reasons given by respondents as to why they signed up for ballot tracking.
- In all three states, ballot tracking use was highest among middle aged vote-by-mail voters.
- Among voters who were not signed up for the tracking tool, the most common response in California and Georgia was that they were not aware they could track their ballot.
Ballot Measures, Legislation & Rulemaking
Maryland Rulemaking: State elections board members unanimously approved a bylaw that restricts communication with groups in active litigation against election officials. The emergency change follows published reports that Jim Shalleck, the vice chair of the board, and Diane Butler exchanged emails with a plaintiff in a lawsuit that is the subject of an appeal before the 4th U.S. Circuit Court of Appeals. Yaakov “Jake” Weissmann, one of three Democrats on the five-member panel said he “was disturbed by some of the emails in the article” and felt moved to work on emergency changes to the bylaws that govern the board and the actions of members. As originally proposed, the bylaw change barred board members from communicating with parties or organizations who have filed lawsuits against the board. Instead, communications would have to go through the attorney for the state board. The provision, as drafted, also asked board members to avoid communicating with members of the public who are “representatives of organizations or named parties actively engaged in litigation against the board.” That line was removed after Butler expressed concerns that the definition was open to interpretation and would make it difficult for board members to know who is a member of such a group.
North Carolina: The Legislature stepped into the middle of local disputes over early voting by enacting a law requiring Henderson and McDowell counties to add more voting locations. The bill, which was introduced and approved on October 24, covers 13 western Helene-damaged counties, and requires that they have at least one early voting location for every 30,000 voters “or any portion thereof.” Only Henderson and McDowell don’t meet that requirement. Henderson County has one early voting site and more than 92,000 registered voters as of last Saturday, according to state Board of Elections data. McDowell County has about 31,000 registered voters and one early voting location. The McDowell Republican Party asked for an additional site, but the local board of elections rejected the request, according to the McDowell News. The bill passed the House 106-2 and passed the Senate unanimously.
Ohio: Senator Niraj Antani (R-Miamisburg) introduced a bill that could change voter registration requirements in Ohio. Antani introduced a bill that requires proof of voters’ citizenship to register. The bill would require everyone to provide proof of citizenship to register to vote or to update voter registration. It would also designate an elector who registers on a federal form without providing proof of citizenship as a federal-only voter. Among the approved forms of citizenship are birth certificates, passports, certificates of naturalization or citizenship certificates and driver’s licenses, if a board of elections verifies the Bureau of Motor Vehicles has received documentation that proves citizenship. State IDs would also be accepted if they do not include a notation designating the individual is a noncitizen.
Marathon County, Wisconsin: The county board of supervisors passed a measure that aims to protect local election officials from threats and harassment. Poll workers county-wide have faced harassment in recent years, according to the county clerk. While a disorderly conduct measure already exists in the county’s code of ordinance, the added code will now allow law enforcement officials to issue citations for disorderly conduct against local election officials like municipal clerks and poll workers. Some supervisors opposed to the amendment said it will stifle the rights of citizens to question officials and infringe their First Amendment rights. The new subsection calls for a fine of between $500 to $1,000 for anyone who engages in “violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance.” When a vote was taken, 21 supervisors voted in favor of the code’s addition and 10 against it. Seven other supervisors in the 38-member board were either excused from the meeting or were absent.
Legal Updates
Arizona: Pinal County voters who show up to vote at the wrong polling place on Election Day will not be provided a way to vote the correct ballot at that location, despite a new state rule, under an Arizona Supreme Court ruling. In an emergency ruling issued October 25, the court determined it is too late to force the county to follow the rule, which Secretary of State Adrian Fontes created in December 2023. It requires Arizona counties that assign voters to a specific polling place make it possible for voters to cast the correct ballot, even if they go to a site other than the one to which they’ve been assigned. Chief Justice Ann Scott Timmer wrote that the Supreme Court would uphold the lower court decision, which said that requiring the county to follow the rule now would create “unacceptable risk of chaos, uncertainty, and confusion.” “Indeed, early voting has already begun,” Timmer wrote. Fontes’ office had filed suit to force the county to comply in time for the Nov. 5 election. Instead, Pinal County will be able to continue its practice of telling voters to go to the correct location, or to cast a provisional ballot that will likely be rejected. Arizona law requires county officials to reject ballots if the voter casts a ballot style that’s not for their precinct. The ruling puts Pinal County’s voters at a disadvantage, because all other counties in the state are either following the rule or using a different voting model where voters are not assigned a polling place and can access the correct ballot at any location in their county.
In another case, Fontes is asking Maricopa County Superior Court Judge Scott Blane not to release information about the 220,000 voters who may not have provided proof of citizenship due to a flaw in the way Arizona’s voter registration system pulls information from the state’s driver’s license database. The issue may have allowed some of those people to register to vote in all state and local elections, even though they did not provide the proof of citizenship required by Arizona law. The records are being sought by a Republican-leaning voter education group represented by attorneys with ties to former President Donald Trump. Fontes, whose office denied the group’s records request, told Blane his office still doesn’t have a full, verifiable list of voters affected by the glitch, which originated in the driver’s license database. That database is managed by the Department of Transportation’s Motor Vehicles Division, not the Secretary of State’s Office. “It would be virtually impossible for us to be able to do what the plaintiffs are asking us to do. A, because we don’t have control; B, we don’t have a list; C, we don’t have the resources; and D, I’m scared to death for my voters,” Fontes said.
Phoenix police have arrested 35-year-old Dieter Klofkorn for allegedly setting fire to a United States Postal Service mailbox in Phoenix on October 24, damaging several ballots dropped in the box, ahead of the November election. Police arrested Klofkorn on an unrelated warrant, and said in a press release that, during an interview, he admitted to setting the fire in a mailbox at the Osborn Post Office near the intersection of 7th Avenue and Indian School Road. Klofkorn told police that his actions were not politically motivated, and that he set the fire so he would be arrested and taken to jail, according to police. “Any attack that strikes at our democratic process carries criminal consequences,” Secretary of State Adrian Fontes said in a written statement. “Ballot abuse is a felony in Arizona, and mailbox vandalism is a federal crime.” Maricopa County Recorder Stephen Richer said in a statement that his office is waiting on details from law enforcement about the condition of ballots that were contained in the mailbox at the time of the fire. Ballots that were inside the mailbox but were undamaged will be treated normally, according to the Recorder’s Office. If elections officials can discern who any damaged ballots belong to, they will contact that voter.
Florida: The Florida Supreme Court could decide a legal dispute stemming from a move by Gov. Ron DeSantis and other state officials in 2022 to target alleged voter fraud by convicted felons. Defense attorneys filed a notice October 23 that is a first step in asking the Supreme Court to decide whether charges should proceed against Terry Hubbard, who was one of 20 convicted felons accused of registering and voting when ineligible. Charges against the convicted felons were announced in August 2022, less than three months before a general election that included DeSantis winning another term. DeSantis and other Republican leaders in recent years have made a major issue of trying to stop what they say is voter fraud. The dispute in the Hubbard case centers on whether the statewide prosecutor’s office had authority to file charges against him. A Broward County circuit judge dismissed the case because he said the alleged wrongdoing occurred in one judicial circuit and that the statewide prosecutor only had jurisdiction in cases involving multiple circuits. But a panel of the 4th District Court of Appeal in July overturned that ruling and said charges against Hubbard should move forward. The appeals court last month declined a request for a rehearing, but it took a step known as certifying a “question of great public importance” to the Supreme Court. It said the question is whether the Florida Constitution and a state law “permit the Office of the Statewide Prosecutor to prosecute crimes relating to registering and/or voting in a statewide election.” The state has argued that the alleged voting crimes involved two judicial circuits. That is because Hubbard filled out voter-registration applications in Broward County and the information was transmitted to the Department of State in Leon County.
Georgia: Julie Adams, a member of the election board in Fulton County, is appealing a judge’s order that she and other election leaders in the state’s most populous county must vote to certify results by the deadline set in law. Adams filed a lawsuit seeking a declaration that her duties as an election board member were discretionary and that she is entitled to “full access” to “election materials.” Fulton County Superior Court Judge Robert McBurney ruled this month that “no election superintendent (or member of a board of elections and registration) may refuse to certify or abstain from certifying election results under any circumstance.” Adams filed a notice of appeal Wednesday to the Georgia Court of Appeals over the part of McBurney’s order that says she “is required to vote in favor of certifying the election results by the deadline,” according to the filing. She also disputes McBurney’s assertion that the appropriate venue for her to voice concerns is an election challenge in the courts. Georgia law says county election superintendents — generally multi member boards — shall certify election results by 5 p.m. on the Monday after an election, or the Tuesday after if Monday is a holiday, as it is this year. That puts this year’s general election deadline at Nov. 12.
Indiana: Larry L. Savage Jr., a former Republican candidate running for an Indiana seat in the U.S. House of Representatives has been arrested and charged with stealing several election ballots during a recent voting machine test. Savage was arrested by Madison County authorities and charged with destroying/misplacing a ballot and theft. He has since been released on a $500 cash bond. The charges filed against Savage stem from an incident on Oct. 3 in which two election ballots went missing at the Madison County Government Center during testing of the local voting machines. Court documents show county officials began testing voting machines at 10 a.m. on Oct. 3, an event open to the public. Several citizens attended the tests and were allowed to run “test” ballots through the machines assigned to their county. Despite being marked “test,” the ballots were still officially tracked and counted by the State and included real candidate names as well as differing votes. After testing, officials found one straight-Republican ballot and one write-in ballot were missing. A review of security footage, which was subsequently being live-streamed online, showed Savage handling the two missing ballots. He can also be heard confirming with an election official that these are “absolutely, totally real ballots.” In the video Savage can be seen looking around the room before folding up two ballots and putting them in his sweatshirt pocket. Savage reportedly greeted officers at his front door and admitted to taking the ballots before they even finished reading the warrant. “You talking about the ballot the lady told me I could take,” Savage said. “I got the paper you’re talking about. I just rolled it up and put it in my pocket. I wasn’t trying to steal from nobody.”
Michigan: Prosecutors lost a final appeal October 25 in the case of a Michigan election worker who put a USB flash drive into an electronic poll book and downloaded the names of voters in 2022. The Michigan Supreme Court declined to take an appeal. The decision means a state appeals court ruling will stand and the case against James Holkeboer will be dismissed. Holkeboer was charged with election fraud in Kent County. The appeals court, however, said his conduct was improper but not a crime. “The prosecution had to demonstrate that Holkeboer fraudulently removed or secreted the election list of voters such that the information was no longer available or altered,” the appeals court said in April. “Here, no evidence was presented that election information was altered or made unavailable” to election officials, the court said. Holkeboer’s acts did not affect the results of the 2022 primary election. He was working at a polling place in Gaines Township, south of Grand Rapids, for the first time.
A 19-year-old University of Michigan student from China faces felony charges in Michigan after he allegedly cast a ballot at an Ann Arbor polling place over the weekend, state and local officials announced this week. He could face up to nine years in prison if found guilty. Only U.S. citizens are eligible to vote in federal and state elections. In a joint statement, Secretary of State Jocelyn Benson and Washtenaw County Prosecutor Eli Savit said that a local clerk referred the voter to law enforcement, who then investigated. In her own release, Attorney General Dana Nessel said her office was conducting a parallel investigation. “Let this be clear: Voting records are public — any noncitizen who attempts to vote fraudulently in Michigan will be exposing themselves to great risk and will be prosecuted to the fullest extent of the law,” Benson and Savit said in their statement.
Minnesota: The Minnesota Supreme Court said Hennepin County has to directly reach out to people on a political party’s list of potential election judges to fill absentee ballot boards overseeing early voting, rather than rely on cities to contact them. State law requires a bipartisan balance of Republican and Democratic Party election judges to oversee voting at polling places on Election Day and processing of absentee ballots at a county elections office. These boards verify information on the signature envelopes that absentee ballots are returned in, and review new voter registrations submitted with ballots. Republicans and the Minnesota Voters Alliance filed a petition Oct. 16 to the state Supreme Court, which handles election-related challenges, arguing Hennepin County incorrectly bypassed a list of 1,500 potential GOP election judges for the absentee ballot board. In response to the state Supreme Court ruling released Tuesday, Hennepin County Auditor Daniel Rogan said they emailed all of the people on the Republican list Wednesday to see if they want to serve as election judges on the absentee ballot board.
Danielle Christine Miller, 40, of Nashwauk faces three felony charges after allegedly attempting to vote twice in the general election. Miller admitted to filling out and submitting an absentee ballot for her mother, who died in August. The fraudulent submission was flagged by election officials before it could be counted. “The defendant admitted her deceased mother was an avid Donald Trump supporter and had wanted to vote for Trump in this election but had passed shortly before the absentee ballots were received,” according to the complaint filed last week in State District Court. The Itasca County Auditor’s Office said it received sealed ballot envelopes containing signatures for Miller and her mother, Rose Marie Javorina, on Oct. 7. But Javorina had died Aug. 31, according to the Minnesota Vital Statistics death report, so the matter was referred to the Itasca County Sheriff’s Office.
Mississippi: The 5th U.S. Circuit Court of Appeals ruled October 25 that a Mississippi law allowing mail-in ballots to be counted if they are postmarked before Election Day — but received up to five days after Election Day — is preempted by federal law. The ruling by the 5th Circuit does not have any immediate impact on the current election because the three-judge panel declined to issue an injunction blocking the counting of votes, and sent the case back to the lower court for further action. It does, however, pave the way for a possible challenge that could go up to the U.S. Supreme Court, which could have ramifications for states that do allow ballots postmarked before Election Day to be counted. The appeals court ruling says that no such ballots should be counted. “Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors,” the three-judge panel wrote in its opinion. “Text, precedent, and historical practice confirm this ‘day for the election’ is the day by which ballots must be both cast by voters and received by state officials.” The decision by Judges James Ho, Kyle Duncan and Andrew Oldham notes that as of November 2022, 18 states and the District of Columbia allow post-election receipt of ballots — and suggests they should not be allowed to do so. “Federal law requires voters to take timely steps to vote by Election Day. And federal law does not permit the State of Mississippi to extend the period for voting by one day, five days, or 100 days,” the ruling said.
Nevada: The Nevada Supreme Court upheld a lower court’s decision that election offices should accept and count mail ballots received after Election Day. Nevada state law specifies that mail ballots without postmarks or with illegible postmarks should be accepted and counted if they are received by county election offices up to three days after Election Day. (Mail ballots postmarked by Election Day should be accepted and counted if received by county election officials up to four days after Election Day.) The Republican National Committee and former President Donald Trump’s reelection campaign filed a lawsuit in May challenging the law on non-postmarked ballots received after Election Day. They sought an injunction to prevent the counting of these ballots in the upcoming general election. Their request for an injunction was denied in early August, and they appealed to the state’s high court. The Nevada Supreme Court noted in its opinion, which was posted by Democracy Docket, that the RNC identified 24 non-postmarked mail ballots that were received by Clark County after this year’s June primary election day, but they provided no evidence regarding the partisan lean of those ballots. The lack of a postmark “occurs as the result of random postal service operations,” the court noted.
North Carolina: A section of the voter purge case Republicans wanted moved back to North Carolina state courts must remain in federal court, the Fourth Circuit Court of Appeals ruled this week. The decision was a victory for the state Board of Elections, which had appealed a federal judge’s order to send part of the voter purge case back to state court. When it filed the lawsuit in late August, the RNC asked the court to require the state Board of Elections to come up with a plan to remove 225,000 voters from the rolls by Sept. 6, even though federal law prohibits systematic removal of voters within 90 days of an election. Alternatively, the RNC wants to force those voters to submit provisional ballots. The state Board of Elections won a dismissal of part of the RNC lawsuit earlier this month. But the same federal judge sent part of the case back to state court. The state Board argued that federal laws are at the heart of the RNC lawsuit, so the case should be decided in federal court. The Appeals Court held a hearing this week. The judges agreed with the state election board’s position. “Plaintiffs’ Count Two claim may come cloaked in state constitutional garb, but it raises only federal statutory questions,” the court order says. The order sends the case back to federal district court. The court did not weigh in on whether Republicans’ request would violate the federal law and its 90 day “quiet period.” But the fact that the federal law could prevent Republicans from winning the result they’re seeking “only serves to bolster the conclusion that Plaintiffs’ claims necessarily raise an issue of federal law.”
The state Court of Appeals on October 28 turned back Republicans’ attempt to have the state set aside ballots from some citizens living overseas and reject some of their registration forms. In doing so, the Appeals Court upheld a trial court judge’s decision denying Republicans’ request for a restraining order. The Republican National Committee, the North Carolina Republican Party, and two voters sued the state Board of Elections claiming that people living overseas who are ineligible to vote are allowed to register. In his order denying GOP’s request, Superior Court Judge John W. Smith wrote that the statute Republicans claim is being misinterpreted was adopted in 2011 with support from both parties and had not been challenged until this suit was filed. Republicans presented no evidence of fraud, the judge wrote. “Plaintiffs concede and the court finds that Plaintiffs have not presented any evidence of even a single specific instance of any registrant unlawfully availing themselves of the statutory provision,” Smith wrote. “All of the factual evidence presented to this court shows that Defendants have not and will not knowingly allow a non-resident who does not fall within the statutory exception to register or vote in our state elections.”
North Carolina’s five living former governors filed paperwork this week in the Court of Appeals seeking leave to submit a friend-of-the-court brief supporting Gov. Roy Cooper’s legal challenge to a law that would shift the power to appoint state and county election boards to the General Assembly Republicans Jim Martin and Pat McCrory joined Democrats Mike Easley, Bev Perdue and Jim Hunt to support the filing. This is the second time this month that the former governors have backed Cooper, who is also battling GOP legislative leaders over appointments to seven other state boards and commissions. “The five living former Governors of North Carolina have a strong interest in this case: their interest in preserving the executive power, status, and dignity that the Constitution confers on the Office of the Governor,” lawyers for the former governors wrote in a court filing Tuesday. In March, a three-judge panel sided unanimously with Cooper, ruling that the Republican-controlled legislature unlawfully tried to seize from the governor the power to appoint members of the state Board of Elections and shift it to the legislature. Currently, governors appoint all five members, with three coming from the governor’s party. The new law would allow legislative leaders from both parties to appoint a board consisting of four Republicans and four Democrats. Membership on county boards of elections would shrink from five to four, with two members appointed by Republican legislators and two by Democrats. The former governors said their interest in the case is nonpartisan.
Ohio: The Ohio Supreme Court ruled that Republican Attorney General Dave Yost overstepped his authority by rejecting a voting-related amendment’s ballot petition solely because he objected to the title. In a unanimous decision, the court sided with a coalition of civil rights organizations behind the “Ohio Voters Bill of Rights” and ordered Yost to revisit his January decision within 10 days. Justices stopped short of ordering Yost to advance the constitutional amendment directly to the state Ballot Board, however, which is what plaintiffs had asked. Instead, they directed him to “perform his duty” and review the coalition’s summary of the issue for fairness and accuracy. The coalition’s members had initially hoped to place the measure on this year’s ballot. The package of election law changes responded to Ohio’s enactment last year of tougher photo ID requirements, shortened windows after Election Day for returning and curing ballots and other voting changes. The groups sued after Yost’s second rejection of their certification petition, whose title he called “highly misleading and misrepresentative” of the measure’s contents. Yost said in his rejection letter that “recent authority from the Ohio Supreme Court” had given him the ability to review petition headings, in addition to reviewing the bodies of summaries as he traditionally has. Yost pointed to the high court’s decision in a legal dispute last year over the title that appeared on petitions for a local drag ban. The court said he has no such authority under Ohio law.
The ACLU asked a court October 24 to block Ohio Secretary of State Frank LaRose (R) from requiring voters to show naturalization papers if their citizenship status is challenged at a polling place in violation of a decades-old ruling. “Requiring naturalized citizens to bring additional documentation to verify their eligibility to vote is not only burdensome and discriminatory, it’s unlawful,” Freda Levenson, legal director of the ACLU of Ohio, said in a statement. In a 2006 federal district court order, Judge Christopher Boyko struck down a state law allowing poll workers to demand naturalized citizens show documentary proof of citizenship before permitting them to vote and prohibited the Ohio secretary of state from enforcing this requirement. Since this court order, the form that Ohio poll workers use when challenging a voter’s eligibility states that if a voter answers yes to the question of whether they are a U.S. citizen, then they can cast a regular ballot. The ACLU and the Brennan Center for Justice filed an emergency motion with the court on behalf of the plaintiffs in the 2006 case, asking Boyko to enforce his previous ruling and order LaRose to revoke his revised form and return to the previous version that complied with the court order. “After nearly 20 years of compliance with the federal injunction, Secretary LaRose suddenly decided to defy the injunction and impose an 11th-hour requirement forcing naturalized citizens to produce these papers,” Levenson said. “We are hurrying back to the court, asking it to enforce its long-standing order.”
In another noncitizens case, LaRose filed suit against the federal government last week. LaRose says the Department of Homeland Security has failed to give Ohio access to federal citizenship verification records needed to prevent those who are not U.S. citizens from voting. LaRose says the state can use the federal Systematic Alien Verification and Entitlements (SAVE) database to verify citizenship, but says the Biden Administration is denying Ohio access to three other federal databases. “The federal government is required to make this data available, and I believe we’ll win this case and be able to access that citizenship data we need to verify only American citizens are voting,” LaRose said. LaRose acknowledges this likely will not impact this November’s election but says it could play a role in future ones. The lawsuit comes as LaRose works to remove non-citizens from the voter rolls and have some prosecuted for election fraud.
Oregon: Judicial Watch has filed a lawsuit against Oregon and Secretary of State Lavonne Griffin-Valade claiming improper maintenance of Oregon’s voter lists. The group alleges in the suit filed October 23 in Oregon’s Eugene division of the U.S. District Court that Oregon is violating the National Voter Registration, or “Motor Voter,” Act by not removing ineligible voters from registration lists. A spokesperson for the secretary of state said the lawsuit filed on behalf of two individuals and the Constitution Party of Oregon misinterprets Oregon law and that inactive voters do not receive ballots. The act requires states to remove someone who has changed addresses if they have not responded to a written notice or voted in the past two elections. A person may become ineligible because they have moved or died. The lawsuit said 19 counties in Oregon did not list any of these specific removals between November 2020 and November 2022, while an additional 10 counties reported fewer than 11 removals in the same period. “There is no possible way these counties can be conducting a general program that makes a reasonable effort to cancel the registrations of voters who have become ineligible because of a change of residence while removing so few registrations under Section 8(d)(1)(B),” Judicial Watch’s filing said.
Pennsylvania: The Republican National Committee and the Republican Party of Pennsylvania have asked the Pennsylvania Supreme Court to delay a ruling that could affect thousands of voters next month while it asks the U.S. Supreme Court to hear an appeal. The state Supreme Court ruled October 23 that the election code requires county election officials to allow voters to cast a provisional ballot if their mail-in ballot is rejected and have the provisional ballot counted as long as there are no additional disqualifying problems. In a filing October 25, the RNC and Pennsylvania Republican Party argued that the ruling goes against the court’s own admonition against changing voting rules while an election is in progress. The state Supreme Court on Oct. 5 denied requests in two other cases to resolve questions about the commonwealth’s vote-by-mail law in the final few weeks before the Nov. 5 presidential election. It said the risk of confusing voters with a change in voting rules so close to the election was too great. “This Court should heed its statement from earlier this month and refrain from “substantial[ly] alter[ing]” the rules and procedures governing county boards’ counting of ballots in the current election,” the RNC and state Republican party’s filing Friday said. Republicans on Monday asked the U.S. Supreme Court for an emergency order in Pennsylvania that could result in thousands of votes not being counted in this year’s election in the battleground state.
US District Judge Christopher Conner tossed out a Republican lawsuit that sought to segregate overseas ballots in Pennsylvania for additional vetting. Conner said that the challengers to Pennsylvania’s policies for overseas ballots filed by GOP members of the Pennsylvania congressional delegation and an outside group came too late and that it was too close to the election for a court to intervene. The overseas vote has long been viewed as sacrosanct because of its connection to the military vote, and the Pennsylvania lawsuit – which would have jeopardized the ballots of service people abroad – drew a sharp backlash. Conner said that the court order that Republicans were asking for was a “nonstarter.” “An injunction at this late hour would upend the Commonwealth’s carefully laid election administration procedures to the detriment of untold thousands of voters, to say nothing of the state and county administrators who would be expected to implement these new procedures on top of their current duties,” Conner, who was appointed by President George W. Bush, said. “Plaintiffs delayed too long to file their action, they lack standing, they have failed to join indispensable parties, and they have failed to articulate a viable cause of action,” Conner added. He cited other procedural issues with Republicans’ lawsuit as well.
In a 3-2 ruling the state’s Commonwealth Court said that Philadelphia must count mail ballots from the September special elections that were submitted with return envelopes that voters incorrectly dated or failed to date, a state appellate court ruled Wednesday in a decision that doesn’t explicitly apply to the November general election. The ruling said a local Philadelphia court got it right when it said rejecting the ballots violated the state constitution. “We hold that the trial court did not err in ordering the County Board to count the 69 undated and incorrectly dated absentee and mail-in ballots cast in the [special elections] on the basis that not counting those ballots violates the free and equal elections clause of the Pennsylvania Constitution,” Judge Ellen Ceisler wrote for the majority. In a footnote, Ciesler wrote that the case “relates to a special election that has already occurred, and not the 2024 general election.” In a dissenting opinion, Judge Matthew Wolf said the majority decision risked “causing confusion on the eve of the 2024 General Election.” Judge Patricia McCullough raised the same concern in a separate dissent.
The Pennsylvania Democratic Party is seeking a preliminary injunction against the Erie County Board of Elections over problems with mail ballots that it alleges could be affecting up to 20,000 voters. The issues in Erie began with an Ohio-based third-party vendor, ElectionIQ, that the county contracts with to print and mail its mail ballots, given the volume of requests for mail ballots the county has received for the upcoming election. A voter notified the Erie elections board and the county Voter Registration Office on Oct. 18 that they had received two mail ballots, one with their correct information and a second with a different voter’s name and address on the return envelope. A software failure caused ElectionIQ to send duplicate ballots that went into incorrect envelopes. The county estimated that about 300 people received duplicate or incorrect ballots, and the U.S. Postal Service has “been unable to account for,” another 1,800 mail ballots, according to the lawsuit, which the county says were never mailed by ElectionIQ. The state Democratic Party claims in its filing that it “has been made aware by its registered party members of numerous instances where a voter requested a mail-in ballot weeks ago but has still not received their ballot.”
Judge Jeffrey Trauger agreed to extend an in-person voting option in a suburban Philadelphia county where long lines on the final day led to complaints voters were being disenfranchised by an unprepared election office. Trauger said in a one-page order that Bucks County voters who want to apply for an early mail ballot now have until Friday. The narrowly divided county, which is led by Democrats, is often seen as a political bellwether. The lawsuit sought a one-day extension, through Wednesday at 5 p.m., for Bucks County voters to apply in person for a mail-in ballot, a method referred to as on-demand mail voting in Pennsylvania. The judge’s order permits applications through the close of business on Friday. Bucks County officials said they’re “pleased to be able to offer additional days for those who are still seeking to vote on-demand.”
State House candidate Jamie Walsh sued Luzerne County and its elections board October 25, claiming officials have taken too long to process voter registration and mail-in ballot applications. Walsh’s suit comes before a key deadline has even passed: Voters have until 5 p.m. October 29 to submit requests for mail-in ballots. The suit alleges the county deliberately chose “to not timely process the approximately 2,500 additional new applications for voter registration” received before the Oct. 21 registration deadline. Luzerne County Manager Romilda Crocamo emailed county officials Friday to inform them voter registration processing is complete.
Common Pleas Court Judge Jack Whelan has denied an application for an emergency injunction against Delaware County using Hart ballot scanners in the upcoming 2024 General Election because they include software that, despite the petitioners’ claims, was always supposed to be there. “The complaints in this lawsuit were baseless, and we think this ruling reflects how the staff works to provide equipment and trained poll workers to ensure an accurate and fair election,” Delaware County Elections Director Jim Allen said in a release. “Our team has conducted numerous audits and recounts, all of which have verified the accuracy of the results.”
South Carolina: Circuit Court Judge Daniel Coble ruled that nearly 1,900 teens who tried to register to vote through the state Department of Motor Vehicles cannot be added to the voter rolls before the election. The request came from an American Civil Liberties Union lawsuit against the DMV and the State Election Commission, filed on Tuesday. The lawsuit said 17-year-olds who would turn 18 by Election Day, and therefore were eligible to vote, had been automatically denied when trying to register to vote through the DMV and should be given an opportunity to vote this election. Coble wrote that he could not provide any solution without overstepping the authority of the court, but also declined to dismiss the case. “This Court finds that the relief sought by (the ACLU) is too drastic and would likely violate the separation of powers doctrine,” Coble wrote in a brief order filed just before 4 p.m. “There is no effectual relief that this Court could grant and even if it attempted to, the relief sought would create disorder in the voting system.”
Texas: Jesse Lutzenberger, 63, of Bexar County, was arrested on suspicion of injury to an elderly person, a felony, after he allegedly assaulted a poll worker at a San Antonio-area vote center late on October 24. According to Votebeat, the suspect walked into the polling location, wearing a Make America Great Again hat. The poll worker, 69, asked Lutzenberger to remove the hat, which he did, officials said. Lutzenberger went on to cast his ballot. While still inside the polling location, Lutzenberger put the hat back on as he walked toward the door. The poll worker approached him to tell him that was unacceptable and then began to escort him out as they were approaching the doors of the location. Bexar County Sheriff Javier Salazar said a surveillance video showed Lutzenberger “throw an arm back toward the victim,” he said. “The victim seemed to push off of the suspect. At that point, the suspect then turned and threw several punches right at the face of the victim.” Lutzenberger bonded out of jail late on October 25.
The Travis County Republican Party sued Travis County Clerk Dyana Limon-Mercado over an imbalance in poll workers at local voting sites, according to a press release and court filing. The filing claimed the TCRP submitted the names of “over 900” qualified, Republican volunteers to the county clerk in June. It also alleged only 72 Republicans were selected as poll workers, just 24% of the total 306 clerks, and with 32 Republicans who were not on the TCRP’s list. “It is totally unacceptable that large portions of our county have no Republican election judges assigned, despite our providing far more than the number of available workers needed,” said TCRP chair Matt Mackowiak in the press release. Limon-Mercado’s office said it was aware of the lawsuit and was working with the Travis County Attorney to file a response. “Our office remains committed to administering an election that is accessible to all eligible voters,” said a spokesperson for the clerk’s office. “This is made possible through the dedication of our full-time staff and temporary election workers. We appreciate their hard work and service to Travis County.”
A lawsuit filed by conservative activist and GOP megadonor Steven Hotze alleges the Harris County voter registration roll contains “tens of thousands” of ineligible voters. The lawsuit, in part, seeks to remove ineligible voters from the registration roll. But under the details of a federal law, a 90 day deadline was already missed to remove those names ahead of the Nov. 5 election. “Because of the ill-advised and illegal procedure implemented by [Bennett], plaintiffs and their supporting voters in the Nov. 5, 2024 General Election are susceptible to having their votes totally disenfranchised and/or diluted in violation of the Texas Election Code,” according to the lawsuit. The lawsuit asserts that the registration roll includes voters “who have moved out of Harris County, voters who have died, voters who are felons, voters who have registered at post office or private mail boxes with commercial mail receiving agencies, scores of voters who are not related to each other but have registered at the same address, voters who have registered at a commercial address and do not reside there and voters who claim to live on vacant [properties]…”
U.S. Virgin Islands: On the last day of early voting for the 2024 General Election, the dispute between top V.I. election officials advanced toward a possible court hearing. A civil lawsuit filed by Supervisor of Elections Caroline Fawkes seeks to prevent the board from overturning a prior decision about a candidate’s eligibility. On Monday the Justice Department filed a Notice of Limited Appearance for Assistant Attorney General Christopher Timmons. If the court grants its approval Timmons will serve the board by challenging Fawkes’ jurisdiction and by opposing the motion for the restraining order. Attorney General Gordon Rhea filed the notice in response to a request submitted last week by Board Chairwoman Alecia Wells. If Fawkes’ motion survives the jurisdictional challenge, the next likely step will be a hearing before Judge Yvette Ross-Edwards in the Superior Court of St. Croix. No scheduled hearings have appeared on the court docket so far.
Virginia: On October 25, U.S. District Judge Patricia Giles ordered Virginia to restore more than 1,600 voter registrations that she said were illegally purged in the last two months in an effort to stop noncitizens from voting. Giles granted an injunction request brought against Virginia election officials by the Justice Department, which claimed the voter registrations were wrongly canceled during a 90-day quiet period ahead of the November election that restricts states from making large-scale changes to their voter rolls. In issuing her ruling, Giles bristled at the suggestion she was restoring the voting rights of noncitizens. She said the state lacked proof that the purged voters were noncitizens but went ahead and canceled their registrations anyway in violation of federal law. “I’m not dealing with beliefs,” she told a lawyer for Virginia when he again referred to those stricken from the rolls as noncitizens. “I’m dealing with evidence.” On Sunday night, following an appeal from the state, the U.S. Court of Appeals for the 4th Circuit upheld the Friday ruling. The Virginia attorney general filed an appeal with the U.S. Supreme Court on Monday. The appeal filed to the Supreme Court asks the high court to intervene by Tuesday. Without any intervention, the injunction issued last week by Giles requires Virginia to notify affect voters and local registrars by Wednesday of the restorations she ordered. Miyares’ filing argues that requiring Virginia to restore the voter registrations of those who have been identified as noncitizens is a “violation of Virginia law and common sense.” The Supreme Court’s conservative majority left in place the purge of voter registrations. The high court, over the dissents of the three liberal justices, granted an emergency appeal from Virginia’s Republican administration led by Gov. Glenn Youngkin. The court provided no rationale for its action, which is typical in emergency appeals.
A jury has found Richardson Carter Bell, 67, not guilty of attempted illegal voting in a one-day trial this week, accepting the man’s claim that he was only trying to test the election system for voter fraud when he asked to vote a second time in local elections last year. Bell admitted to police that he voted early at the Nelson County registrar’s office on Nov. 4, 2023 — then lined up with voters at his local polling place on Election Day three days later, presenting his driver’s license at the check-in table and confirming his name and address to the poll worker. “I was messing [with them] to see if they were going to let me vote again, to see what kind of fraud is going on,” Bell told Virginia State Police investigators who later questioned him in a recorded interview played for jurors in Nelson County Circuit Court.
Wisconsin: A lawsuit seeking last-minute changes to Wisconsin’s voter registration list has been dismissed by a Milwaukee County judge. The challenge, filed weeks before election day, alleged more than 140,000 people on the voter rolls no longer reside at the addresses they listed while registering to vote. The suit was filed Sept. 30 by attorney Dan Eastman on behalf of three Milwaukee residents. In the suit filed last month, the plaintiffs claimed 143,742 people listed as active on Wisconsin’s registration list “appear to be invalid” based on cross references with U.S. Postal Service data. Of those, the suit alleges 56,336 “anomalous registrations” are in Milwaukee. Eastman was seeking a court order forcing the Milwaukee Elections Commission and Wisconsin Elections Commission to contact each of the individuals and deactivate the voter registrations of anyone who did not respond within 30 days. On Oct. 22, the Milwaukee Elections Commission filed a motion to dismiss the lawsuit. The commission argued the plaintiffs should have first filed their complaint with the state elections commission. In response, the plaintiffs argued the Wisconsin Supreme Court has ruled that complaints don’t need to be filed with the state elections commission before litigation is filed. Milwaukee County Circuit Court Judge Timothy Witkowiak dismissed Eastman’s suit Monday.
Opinions This Week
National Opinions: Election officials | Early voting | Election fraud
Alaska: Ranked choice voting
Arizona: Ex-felon voting rights
California: Election security
Colorado: Proposition 131
Connecticut: Absentee ballot measure
Florida: Hillsborough County | Youth vote | Confidence in elections
Georgia: Poll workers | Absentee ballots
Idaho: Proposition 1, II
Indiana: Citizenship check
Iowa: Message from a poll worker
Massachusetts: Poll workers
Michigan: Early voting
Mississippi: Vote by mail
Nevada: Early voting
New York: New York City board of elections | Voting rights
North Carolina: Election security
Ohio: Secretary of state, II | Trust in elections | Election security
Oregon: Secretary of state
Pennsylvania: How elections work | Election integrity | Lancaster County | 2020 election
South Carolina: Early voting
Texas: Election violence
Washington: Faith in voting
West Virginia: Voting rights
Upcoming Events
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.
Office Hours: Please join the Caltech 2024 Election Integrity Project for the latest installment of Office Hours, a webinar moderated by R. Michael Alvarez, PhD, Flintridge Foundation Professor of Political and Computational Social Science at Caltech and Co-Director, Linde Center for Science, Society, and Policy (LCSSP). This will be a very special post-Election Day episode of Office Hours where Professor Alvarez will sit down with his fellow Caltech/MIT Voting Technology Project (VTP) Co-Director, Charles Stewart, III, PhD, to dissect and discuss what happened on Election Day – and more importantly – what happens next! Professor Stewart is an established leader in the analysis of the performance of election systems and the quantitative assessment of election performance. He is the Kenan Sahin Distinguished Professor of Political Science at MIT and Founder and Director of the MIT Election Data and Science Lab (MEDSL). MEDSL, established in 2017, applies scientific principles to how elections are studied and administered. In 2020, Professor Stewart partnered with Professor Nate Persily of the Stanford Law School to establish the Stanford-MIT Healthy Elections Project. Working with the Pew Charitable Trusts, he also helped with the development of Pew’s Elections Performance Index. When: November 6, 11am Pacific. Where: Online
Call for Papers: The Caltech 2024 Election Integrity Project Information and Misinformation in Elections: 2025 Conference is fast approaching. If you would like to attend the conference and present your research, please submit a 250-500 word abstract to lcssp@hss.caltech.edu. Deadline: November 20.
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.
Joint Election Officials Liaison Conference (JEOLC): Save the date! Notional agenda and information on CERA class offerings coming soon. Where: Arlington, Virginia. When: Jan. 8-12, 2025.
Caltech 2024 Election Integrity Project Information and Misinformation in Elections 2025 Conference: We plan a two-day conference at the California Institute of Technology on January 16-17, 2025, to discuss research regarding information and misinformation in the 2024 U.S. elections. Research topics may include how campaigns used innovative new approaches to target and persuade voters, how social media influenced voters, what the electorate knew (or did not know) about the candidates and issues, misinformation in the election, election rumors and denialism, rhetoric about election integrity, disinformation dissemination and impact on the election, and conspiracy theories regarding the candidates and the administration of the election. While we will likely focus on research from social sciences and computer science, we welcome research from all disciplines and methodologies. Our main focus will be on the 2024 U.S. elections, but we welcome research proposals from previous elections or elections in other nations. Where: Pasadena, California. When: January 16-17, 2025
Job Postings This Week
electionlineWeekly publishes election administration job postings each week as a free service to our readers. To have your job listed in the newsletter, please send a copy of the job description, including a web link to mmoretti@electionline.org. Job postings must be received by 5pm on Wednesday in order to appear in the Thursday newsletter. Listings will run for three weeks or till the deadline listed in the posting.
Administrative Specialist II, King County, Washington– The Department of Elections has a career service opportunity for an energetic and resourceful professional who likes to “get stuff done”. The Administrative Specialist II position in the Voter Services Department combines an exciting, fast-paced environment with the opportunity to cultivate talents and apply a variety of skills. The ideal candidate will have a desire to help ensure the democratic process through public service. They will thrive in an innovative environment and will not hesitate to roll up both sleeves, work hard, have fun, and get the job done. Duties include: Provide excellent customer service to internal and external customers in person, via telephone, and via e-mail by processing voter registrations, communicating election program information and explaining election procedures, guidelines and regulations. Perform production-level computer work which includes accurate data entry, retrieving and editing records. Organize and coordinate work activities and assist with providing training and one-on-one instruction to diverse staff. Set up records and file documents in both electronic and paper formats. Review documents for proper format, accuracy, completion, eligibility, and other legal guidelines. Audit work group data entry activities to ensure performance quality and efficiency of work. Utilize spreadsheets, word documents and reports to track and document performance data. Research and resolve questions from staff, citizens and stakeholders. Document and improve work processes, procedures and instructions. Salary: $25.59 – $32.58 Hourly. Deadline: November 11. Application: For the complete job listing and to apply, click here.
Campaign Manager/Director, Supreme Court Reform– The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that seeks to improve our systems of democracy and justice. We work to hold our political institutions and laws accountable to the twin American ideals of democracy and equal justice for all. The Brennan Center’s work ranges from voting rights to court reform, from ending mass incarceration to preserving constitutional protections in the fight against terrorism. Part think tank, part advocacy group, part cutting-edge communications hub, we start with rigorous research. We craft innovative policies. And we fight for them — in the courts, in Congress and the states, and in the court of public opinion.The Brennan Center’s Kohlberg Center on the U.S. Supreme Court was established in 2024 to advocate for reform of the Supreme Court to prevent ethical abuses, reduce partisanship and extremism, and ensure that the Court plays a more balanced and appropriate role in our constitutional democracy. Building on the Brennan Center’s long-standing work, including in support of Supreme Court term limits and ethics reform, the Kohlberg Center promotes research and policy development, pursues policy advocacy, and engages in broad public education. Salary: $90,000-$140,000. Application: For the complete job listing and to apply, click here.
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.
Deputy County Clerk, III, Boone County, Missouri– This position provides general supervision in the voter registration department, manages the recruitment, training, payroll, and assignment of election judges for polling places and early voting in Boone County, and provides election information to the public. Join the Boone County team and Make a Difference! Boone County Government offers a competitive benefits package that includes comprehensive health/dental/vision insurance on day one (with options for medical/dental with NO employee premium!), a pension plan, two matching deferred compensation plans, 14 paid holidays, generous sick and vacation leave, and no-cost disability and life insurance options. Boone County is a Public Service Student Loan Forgiveness qualifying employer. Visit our website and apply at: www.showmeboone.com/HR. Columbia, MO is a thriving college town and the cultural hub of mid-Missouri, hosting popular events such as the True/False Film Festival and the Roots N Blues BBQ Festival and a diverse art, music, and restaurant scene. Columbia is the fourth most populous and fastest-growing city in Missouri with an estimated 126,254 residents in 2020. Resting upon the forested hills and rolling prairies of Mid-Missouri near the Missouri River valley, outdoor enthusiasts can enjoy the surrounding Rock Bridge Memorial State Park, Mark Twain National Forest, and Big Muddy National Fish and Wildlife Refuge, in addition to hiking over 278 miles of our local trails! Many popular destinations are a short drive away, including the Capitol of Jefferson City, the Lake of the Ozarks, Saint Louis, and Kansas City all within a two-hour drive or less. Salary: $18.04 – $27.06 per hour. Application: For the complete job listing and to apply, click here.
Election Judge Supervisor, Boone County, Missouri – This position provides general supervision in the voter registration department, manages the recruitment, training, payroll, and assignment of election judges for polling places and early voting in Boone County, and provides election information to the public. Minimum Qualifications: Bachelor’s degree, preferably with concentration in English, history, or political science; or equivalent combination of education and experience; demonstrated interest in local government; and previous supervisory/managerial experience. Strong interpersonal skills and familiarity with computer software programs. Registered voter of Boone County or become registered within 60 days of hire. Salary Range: $18.04 – $27.06 per hour. Application: For the complete job listing and to apply, click here.
Elections Operation Manager, Boone County, Missouri– This position is responsible for the inventory and maintenance of voting equipment and warehouse operations, including polling place support and supervision of temporary workers. Join the Boone County team and Make a Difference! Boone County Government offers a competitive benefits package that includes comprehensive health/dental/vision insurance on day one (with options for medical/dental with NO employee premium!), a pension plan, two matching deferred compensation plans, 14 paid holidays, generous sick and vacation leave, and no-cost disability and life insurance options. Boone County is a Public Service Student Loan Forgiveness qualifying employer. Visit our website and apply at: www.showmeboone.com/HR. Columbia, MO is a thriving college town and the cultural hub of mid-Missouri, hosting popular events such as the True/False Film Festival and the Roots N Blues BBQ Festival and a diverse art, music, and restaurant scene. Columbia is the fourth most populous and fastest-growing city in Missouri with an estimated 126,254 residents in 2020. Resting upon the forested hills and rolling prairies of Mid-Missouri near the Missouri River valley, outdoor enthusiasts can enjoy the surrounding Rock Bridge Memorial State Park, Mark Twain National Forest, and Big Muddy National Fish and Wildlife Refuge, in addition to hiking over 278 miles of our local trails! Many popular destinations are a short drive away, including the Capitol of Jefferson City, the Lake of the Ozarks, Saint Louis, and Kansas City all within a two-hour drive or less. Salary: $20.92 – $31.38 per hour. Application: For the complete job listing and to apply, click here.
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.
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.
Organizer, Indiana (Temporary), Common Cause– We are looking for a creative and collaborative Organizer to join the Common Cause Indiana team. This is a key role supporting our organizing and outreach programs and promoting civic engagement within communities throughout the state. This is a full-time, temporary role that will start on January 1, 2025 and end on December 31, 2025 (with a possibility to extend). This role will report to the Executive Director, Indiana, and is based in Central Indiana (Indianapolis and the doughnut counties) with an expectation to travel around the state up to two days per week. Salary: $62,000 – $78,000 a year. Application: For the complete job listing and to apply, click here.
Organizer, Nebraska (Temporary), Common Cause– We are looking for a creative and collaborative Organizer to join the Common Cause Nebraska team. This is a key role supporting our organizing and outreach programs and promoting civic engagement within communities throughout the state. This is a full-time, temporary role that will start on February 1, 2025 and end January 31, 2026 (with a possibility to extend). This role reports to the Executive Director, Nebraska and is based in Lincoln or Omaha, with an expectation to travel around the state up to four days per week. Salary: $62,000 – $78,000 a year. Application: For the complete job listing and to apply, click here.
Organizer, Pennsylvania, Common Cause– We are looking for a creative and collaborative Organizer to join the Common Cause Pennsylvania team. This is a key role supporting our organizing and outreach programs and promoting civic engagement within communities throughout the state. This is a full-time role reporting to the Executive Director, Pennsylvania; this role can be based anywhere in Pennsylvania, though we have a preference for someone in Harrisburg, and will require the ability to work in-person in our Harrisburg office at least one day per week, as well as travel throughout Pennsylvania up to three days per week. We hope our new Organizer will start in January. Salary: $62,000 – $78,000 a year. 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.
Senior Program Associate, Professional Development Team, Center for Tech in Civic Life – CTCL’s Professional Development Team (PDT) is hiring a Senior Program Associate to develop and deliver training courses and easy-to-use tools that advance the tech and communication capabilities of election officials. If you care about democracy, if you believe in the importance of public service, and if you love to exceed expectations, this is the job for you. You’ll report to an Instructional Design Manager in the Government Services Department. Salary: $66,337. Deadline: November 6. Application: For the complete job listing and to apply, click here.
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