How late would be too late to replace Biden on the November ballot?

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.

Since President Joe Biden’s poor performance in the first presidential debate, the speculation and arguments about whether he will remain the Democratic nominee for president have been unending. And big questions continue to swirl about what happens if he doesn’t. Can he still be replaced on the November ballot despite locking up thousands of delegates in the Democratic primaries? Who would take his place? What would that require? And when must everything be decided?

My head hurts. Yours might, too. I will try to make some sense of the various answers.

Other news media so far have amply covered the question of how, under the Democratic Party’s rules, Biden could be replaced before the convention ( highly doable, if he hands the campaign over to Vice President Kamala Harris) or at the convention (very unlikely, unless he willingly exits). As always, the party is entitled to choose its nominee by its own processes, though it’s hard to imagine a scenario where it chooses someone other than Biden if he doesn’t voluntarily step aside.

But looking deeper into the world of elections, we still wanted to know: How late is too late to replace Biden’s name on the ballot?

The answer, as with most things in election administration, is that it depends on the state. It’s hard to point to a single clear deadline, but one thing is clear: The logistics of replacing Biden on the ballot become harder the longer the party waits.

The conservative Heritage Foundation has announced it will sue if Democrats replace Biden. Several experts have said that if the switch happens soon, such a suit would have little chance of success: Biden isn’t the official nominee until after the convention, and there’s nothing stopping the delegates there from selecting someone else.

Every state’s deadline, and the basis for that deadline, is a little bit different, but Richard Hasen, a professor of law at UCLA and the director of the Safeguarding Democracy Project, says “the official nomination” is the key trigger. The Democratic Party’s convention concludes on Aug. 22, which leaves the party with a few weeks to consider its choice.

If Biden were to step away after the nomination, Democrats must “turn to the rules that apply for when a vacancy exists,” Hasen said. “And it gets dicey.”

While there’s some precedent in a few states for late changes to ballots, they do have to be proofread and printed, and there are hard deadlines to get that process done in time for the election. That means “there is a point where it’s too late, and then the question is how you count the votes cast for Biden,” Hasen said.

In other words, at some point, Biden’s name simply has to go on the ballot as the Democratic candidate. Even in states without mail voting, ballots for overseas and military voters go out weeks in advance of Election Day. Once they are printed, there’s really no changing them.

If Biden withdraws after the ballots are printed, and Democrats name a replacement who would receive the votes cast in his name — that’s what’s happened in past instances when candidates for other offices have withdrawn or died late in the process — the Electoral College could come into play.

When we cast our votes for president, after all, we aren’t really voting for the candidate. We are voting for a slate of electors pledged to that candidate. In states that allow it, those electors could plausibly choose someone other than Biden even if “Joseph R. Biden Jr.” is the name on the ballot.

But given recent scandals over electors trying to cast ballots for someone other than the chosen candidate, this comes with its own set of potential issues.

To illustrate the slight differences among states, I asked our reporters to figure out how this would work in the states they cover, most of which are highly contested swing states. Here’s what we know:

  • Arizona: A spokesperson for the Arizona secretary of state said the office would permit a new presidential candidate until Aug. 30, a date he said was a bipartisan consensus. But the answer may vary by county. Maricopa County says that its ballots need to be finalized by Aug. 22. The state doesn’t bar electors from casting their ballot for someone other than the nominee.
  • Michigan: A spokesperson for the secretary of state’s office said that the names on the ballots are those chosen by party conventions, and this step must be done “no later than 60 days before the election so ballots can be delivered to military and overseas civilians 45 days before the election.” The state requires electors to cast their ballots “for President and Vice President appearing on the Michigan ballot.” Electors who do not follow that requirement are disqualified and replaced.
  • Pennsylvania: The secretary of state’s spokesperson told us that Pennsylvania law has few legal restrictions on when presidential candidates are finalized for the ballot, but that doesn’t mean there aren’t necessary time limits. The state’s election calendar shows that the state must notify counties of the names of candidates no later than Aug. 27. As in the rest of the country, military ballots would go out shortly after. The deadline for printing and sending mailed ballots to voters who requested them is Oct. 22. The state doesn’t bar electors from casting their ballot for someone other than the nominee.
  • Texas: Counties manage the printing of their own ballots, and include the names of the candidates given to them by the secretary of state. That office sends those names in late August, after the conventions. Military ballots, though, go out on Sept. 21, and must be printed days ahead of that. Trudy Hancock, the election administrator in Brazos County, told us the county’s ballots are typically finished by Sept. 10 to allow for proofing and to account for any delays. A 2023 update to Texas’s election code requires electors to sign an oath that they will vote for the chosen candidate. Those who defy the oath are replaced.
  • Wisconsin: State law requires that electors cast their ballots for the candidate of the party that nominated them unless that candidate is dead. In a memo, the Wisconsin Election Commission made clear those names would be certified by the major political party state or national chairs to the Wisconsin Elections Commission “no later than 5:00 p.m. on Tuesday, September 3, 2024.” All ballots are distributed to municipal clerks by Sept. 18.

Of course, as the Heritage Foundation has already made clear, Republicans would make replacing Biden on the ballot as challenging and expensive as possible. In addition to the lawsuits Heritage is threatening to file, there are some signs that lawyers are looking to campaign finance law as grounds for a challenge.

Democrats must consider what would become of the tens of millions of dollars the Biden campaign has raised. The consensus among many campaign finance lawyers is that the money cannot legally be transferred directly to a replacement presidential nominee — unless that candidate is Harris.

But at least one prominent Republican campaign finance lawyer is suggesting the money couldn’t even be legally transferred to Harris until after the two are officially nominated at the convention. The promise by such political heavy-hitters to challenge any transfer before that suggests Republicans see it as advantageous to delay a replacement, as the election administration logistics grow more challenging.

It might seem frustrating that a debate about replacing the nominee is happening in only one party, when the other party’s presumptive nominee, Donald Trump, is a twice-impeached convicted felon facing multiple other indictments, including for allegedly trying to subvert the democratic process through fraud. Questions about a candidate’s fitness for office also apply to him.

Republicans did have a conversation — both quietly and in public — about replacing Trump as the nominee in 2016, when the “Access Hollywood” tape went public. But after his victory that year, and his sweep of the primaries this year, Republicans aren’t seriously having that conversation now. Democrats, for better or worse, are having this conversation, and out loud.

As of this week, Biden is insisting he will remain in the race, though intraparty pressure on him to exit is growing rapidly. None of the scenarios we’re talking about may come to pass. But if they do, we’ll be writing about what comes next and what it means.

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Votebeat reporters Natalia Contreras, Jen Fifield, Alexander Shur, and Carter Walker and Votebeat Managing Editor Carrie Levine contributed.

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.

‘We are in the third grade’: How election fights have torn a California community apart

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat’s free national newsletter here.

To understand the forces tearing apart California’s Shasta County, consider what has happened to Cathy Darling Allen.

In five consecutive elections, voters in the rural county have selected her as their chief election official. That means that since 2004, she’s been responsible for voter registration, the administration of elections, and a host of related tasks. She’s consistently been the only Democrat in countywide office in the conservative county, where Donald Trump won more than 60% of the vote in 2020. In 2022, her most recent appearance on the ballot, she took in nearly 70% of the vote. By those indicators, she seems pretty popular.

But she has received a steady stream of threats from a loud minority of Shasta County residents who falsely believe the 2020 election was stolen from Trump. She has been repeatedly accused in public meetings and on social media of engaging in both satanism and witchcraft. The most committed MAGA activists have circulated petitions accusing her of sedition and treason. She’s been followed walking to her car. Someone — she still isn’t certain who — installed a trail camera behind her office, where votes are counted.

It’s taken a toll. Darling Allen, 55, had no history of heart problems. But in November, she was diagnosed with heart failure. Doctors say stress was a factor, and told her that in order to stay alive, she would have to reduce it. She went on medical leave in December and officially retired as the county’s registrar of voters in early May, two years before her latest term was scheduled to end.

Retiring early “feels like a get out of jail free card,” she said over a salt-free breakfast at a diner in downtown Redding in March. “But it isn’t. It has all these conditions.”

She monitors her heart rate and goes to “a lot” of doctors appointments. She doesn’t go to county meetings anymore, even though her name comes up at all of them. Her daughter monitors them online, letting her know if something crops up that requires her attention. Often, it does: Shasta County has become a national symbol, roiled by a series of well-publicized clashes over election administration.

Tucked in the heavily forested northeastern reaches of California, Shasta County was named for Mount Shasta, a volcano known to erupt in bursts of activity followed by thousands of years of dormancy. The volcano has been quiet for generations. In contrast, the pressures felt in Shasta County — economic turbulence, the fallout from devastating wildfires and the COVID pandemic, the visible presence of militias, the swelling growth of a local megachurch, a housing crisis, and massive cultural shifts — disrupt daily life for many.

Elections aren’t the only fault line, but they’re the most visible, and the cracks are widening.

In mid-March, a volunteer offered the invocation at a county meeting and prayed for “peace and calmness.” Moments later, she called one of the commissioners “the spawn of satan running interference for a hostile” voter registrar. Members of the audience screamed at each other. One woman told the other side of the room to “shove it.” A man blew a raspberry back.

“We are in the third grade,” whispered Joanna Francescut, Darling Allen’s deputy, who began to lead the department in her absence.

While the anger expressed toward them at the meetings is unsettling, neither Francescut nor Darling Allen believes they are the cause of it. Elections aren’t even the cause, they don’t think. “It’s a trauma response,” Francescut later said, while her teenage daughter danced nearby during a line dancing class at a local brewery, packed with families and twirling couples. Darling Allen agreed.

“This community has been through so much,” she said. Elections just became what everyone was mad about after 2020, when national politics and local elected officials became obsessed with Trump’s claims he’d actually won the election. “That’s why the meetings are so bad.”

Democrats and moderate Republicans in Shasta County say they are worried the anger and division will poison the community for good, and the goals of the ongoing assault on local institutions are increasingly unclear.

“This isn’t a big city. We can’t just stop talking to each other,” said lifelong resident Jenny O’Connell, who comes to the board of supervisors meetings each week and begs for civility. “‘Oh, gee, I’d love for my kid to go, but those other kids are there. I’d love to go to dinner, but the wrong people own that restaurant.’ It’s going to start breaking down our economy.”

What’s happening in Shasta County is a concentrated version of the same rage playing out in deep red counties across the United States. Think Kerr County in Texas, or Cochise County in Arizona, or Washoe County in Nevada, where election administrators have left office citing untenable treatment and consistently outraged constituents. While elections may be the outrage du jour, officials and longtime residents in all of these counties are concerned the damage to civic life will outlive the fad.

Justin Grimmer is a political scientist at Stanford University who monitors specific election conspiracy theorists and reaches out to the counties they engage with, offering rebuttal information. Shasta is one of many he’s visited and dozens he’s interacted with. But it stands out in his mind. While other counties may have talked about election integrity once or twice, Shasta has bogged down, pressing the issue in every supervisors meeting over nearly four years. In his mind, it’s a tragedy, with the community as collateral damage.

“Every minute you are spending working on a fake problem you are not working on a real one, and there are real problems in Shasta County,” he said. The lengths elected officials there are willing to go, and the millions of dollars they are willing to spend, also stand out to him. “It’s hard to think of a parallel.”

When things went too far

O’Connell — who speaks at meetings with a soft voice and often wears strawberry-themed or patterned clothing — has made reuniting the community a personal mission. Her own husband is among the loudest critics of the board of supervisors and writes a regular column on a local news and commentary website, so she recognizes how radical her position seems by contrast.

At times, even she thinks her attempts are futile. At a meeting in late March, Supervisor Patrick Henry Jones was caught on a hot mic referring to her as “stupid Jenny.” During the same meeting, a speaker disguised by a gas mask to protect his identity read “leaked” texts from a different supervisor that referred to O’Connell’s husband, the local blogger who is also a county employee, as “a stupid piece of shit” and joked about beating him up and taking his lunch money.

When O’Connell approached the microphone at a supervisors meeting the following week, she was in tears, struggling to get the words out.

“Patrick was right. I was stupid,” she said between sobs. “I thought if people saw that if this woman could get along that didn’t agree with them, that other people would do it too, but it’s just too far. They won’t.”

It’s hard for O’Connell to pin down exactly when things went too far, but she’s certain Jones should shoulder much of the blame. Darling Allen agrees. Even those who agree with his politics acknowledge he has done more than any other elected official to divide the county.

In 2010, while mayor of Redding, Jones protested the construction of a local bridge, vowing to never use it. Instead, he dressed up as George Washington and rowed across the Sacramento River in a wooden boat. He repeatedly invited a far-right documentary crew to film him — complete with flickering lights and dramatic music — doing things like dismantling COVID protections in county offices. In 2021, he paid a technician to come up from Bakersfield and give him a lie detector test after multiple county officials had accused him of lying about attempting to fire a former police chief. He passed.

“Is it possible that Jones actually believes his own bullshit?” a local website asked at the time.

Jones’ efforts have recently been focused on elections.

Last year he led an effort to rid the county of Dominion voting machines, of the type Trump complained about after the 2020 elections. Trump’s rhetoric on voting machines led to a wave of heavily Republican counties rejecting electronic voting of any kind, in favor of hand-cast, hand-counted ballots. Shasta County supervisors voted to hand count ballots in January 2023, over the objections of Darling Allen, who cited cost projections, the county’s own simulations, and multiple academic studies showing the process would be expensive and error prone.

Ultimately, the state stepped in, making the practice illegal in a county of Shasta’s size. Jones pressed it anyway, championing the establishment of an election commission to investigate voter fraud, which has been roiled since its inception by resignations and threats of lawsuits. Jones has repeatedly accused the elections department — and Darling Allen personally — of violating election law and fabricating evidence that hand counting is impractical.

There is no proof any of those claims are true. During her 20-year tenure, votes were counted efficiently and the results have never been successfully challenged. California law allows citizens to lodge complaints against local offices with county grand juries, which are then compelled to investigate. In the last five years, the local grand jury has been repeatedly convened for such investigations into her office following allegations that track closely with Jones’. No wrongdoing has ever been found.

For years, Jones has spent hours observing election processes in Darling Allen’s office. He spends much more time there than in his own office one floor up from the board’s chambers. If his constituents need some of his time, they know to skip that office altogether in favor of his family’s Redding gun store, Jones Fort.

There, seated below mounted elk and buffalo heads in the low-slung building that takes up much of a city block, he explained the origins of his election concerns and the reason he was so intent on hand counting. In 2012, he said, he sat next to local union leader Andrew Meredith and counted 30,000 ballots over the course of two days, part of a hand recount in a city council race. He said they never disagreed, and together caught more than 200 “computer errors.” Jones said they regularly had lunch after that, and became friends.

“When you agree on something 30,000 times you start to get along,” he said.

But Meredith flatly says the episode “didn’t happen” and says he’s never interacted socially with Jones. While Jones observed the counting process, Meredith and others who were present in 2012 say he personally counted no ballots. Ultimately, the total changed by two votes. Jones declined to address the contradiction.

“The thing with Patrick, I think,” said District 1 Supervisor Kevin Crye, who supports Jones and credits him with his own entry to politics, “is that sometimes he has two different experiences, combines them, and tells them as one story.”

But whether the stories Jones tells are partially true or completely fabricated hasn’t made much difference to Darling Allen, who said his accusations about her credibility and the web of conspiracies they’ve produced have significantly affected her life. Prior to Darling Allen’s retirement and two weeks after she returned from the hospital in November, Jones conveyed through staff that, now that the California Legislature had banned hand counting, he expected her to return hundreds of thousands of dollars from her budget meant to pay for the process.

Much of it had already been spent — hand counting requires significantly more space and different materials than the office had on hand. Returning the money would have meant laying off staff. Darling Allen’s heart rate began to race. That, she says, convinced her to retire.

And even though her deputy, Francescut, has stepped in as the registrar since she went on leave, Darling Allen finds Jones still looms large. The waitress who served Darling Allen her salt-free breakfast thanked her “for her service” and apologized for her treatment before asking when the results of Jones’ race would be announced.

A few days later, Darling Allen and Francescut got up and moved tables at a local lunch spot to avoid the ire of one of Jones’ friends, who was seated nearby.

Back at the office, election staff were continuing to tabulate the results of the primary election from a few days before. The results wouldn’t be final for about two weeks, but it wasn’t looking good for Jones.

Ultimately, his challenger — first-time candidate Matt Plummer — won so resoundingly that there will be no contest in November. Plummer got more than 60%, so he will take Jones’ place in January 2025.

When those results came before the board of supervisors in early April, Jones announced he had no intention of certifying the election. His gripes were many and varied: Francescut, following in Darling Allen’s footsteps, had violated vaguely described laws. He described rules for auditing results, which appeared to have no basis in state law, that were also violated. He was confident, he said, that the rest of the supervisors would agree that the results were so flawed as to be invalid.

In fact, that wasn’t in their power. Darling Allen had already certified the results, sending them to the secretary of state. The public declaration was a procedural step only. That didn’t seem to matter to Jones, who called machine voting “an insanity.”

“We’re purchasing machinery we cannot verify,” he said, adding a false claim that machines used by a quarter of Americans “can be hacked with $10.50 of parts.”

A recount performed in the recent election, he said, was error-filled. “They didn’t get it right,” he said. “I saw it with my own eyes.”

Ultimately, Jones was the only supervisor to reject the results.

Election fights mask Shasta’s larger problems

While Jones’ loss was resounding, Supervisor Kevin Crye’s own victory was a squeaker. As part of the March primary, voters had to determine whether the first-term Republican should be recalled. The effort had been raging since nearly the first month he took office in January 2023, when he surprised voters by joining Jones in ending the Dominion contract. He defeated the recall attempt by only 50 votes.

“I didn’t distrust the machines,” he told me. But he said it was clear to him, by the time he took office, that community anger at Dominion wasn’t going away. He also said he preferred to buy machines rather than continue an expensive rental contract. Regardless, he does not personally feel there is adequate proof to suggest the 2020 election was stolen. This distinction matters to Crye, and he says it has been ignored by local and national media. “They keep calling me a fascist. I’m not a fascist.”

For her part, Darling Allen doesn’t find this explanation comforting. During his first race in 2022, Crye — who runs a successful chain of Ninja Warrior gyms — visited her office daily to observe vote counting. Elections staff took pains to engage with him, answering questions about the process. “We spent hours with him explaining how things worked over multiple days, and he was pleasant and understood,” she said, concluding about his 2023 rejection of Dominion machines, “His vote was two-faced.”

That vote sparked the recall effort. Then, a county-funded visit to MyPillow CEO Mike Lindell’s property in Minnesota fanned the flames on the outrage. By the time of Crye’s March 2023 visit, Lindell was already in hot water for his false claims of election malfeasance — he’d been kicked off Twitter, had his cell phone seized by the FBI, and was subpoenaed by the Jan. 6 Commission. Crye pulled out of speaking at a Lindell event as a result of the controversy.

The sheer number of public battles over elections have given the false impression, county employees and local Democrats say, that the issue of voting and Darling Allen’s management of it are the most dire problems Shasta County faces. In reality, it has far more pressing concerns: It has among the state’s highest poverty rates and highest infant mortality rates. Suicides occur there at two and a half times the state average. Homelessness is worse than anyone can remember.

Darling Allen isn’t immune: She’s raising her 6-year-old granddaughter, whose mother has battled drug addiction for years. Darling Allen is open about it — many local families have been broken apart by the county’s high addiction rate.

Shasta County was home to some of the first settlers to California, who were drawn to the area during the Gold Rush. The area that now comprises the city of Redding, the county seat, was originally called Poverty Flats. After the rush wore itself out, the surrounding forests provided thousands of well-paying timber jobs that sustained the community for decades. By the 1970s the industry was declining nationwide, and by the 1990s, legislation to protect the threatened spotted owl shut down nearly all area timber mills. It’s still a sore spot for many.

In 2018, a camper trailer scraping pavement ignited what would become the second most devastating fire in California history — the Carr Fire, named for the intersection at which it started. Before it was completely contained that August, the blaze destroyed 1,100 homes in Shasta County. Many were never rebuilt.

The housing crisis has been compounded by the growth of a local megachurch, Bethel. Thousands have moved from across the country and the world to live near and participate in the church, which has a reported 11,000 members in a city of 90,000 people. The church’s online streaming platform and wildly successful music program — Bethel Music, which has 5 million subscribers on YouTube — have made it a household name in Evangelical Christian worship circles across the world.

Longtime residents say it’s changed the fabric of the community, though they disagree on whether that’s good. The church has driven “ faith tourism” to the county, and has brought some racial and ethnic diversity. Nearly all of the new businesses — the hip cafes, pizza restaurants, and bars with good happy hour specials — have been opened by people who moved to the area for Bethel.

Bethel describes itself as “an American non-denominational neo-charismatic megachurch.” It has a conversion therapy program and ministries dedicated to “faith healing” and “dead raising.” Homeless residents, especially those with visible disabilities, say they are sometimes approached several times per day to be “healed” by Bethel churchgoers. In 2019, the church unsuccessfully attempted to resurrect the 2-year-old daughter of one of the pastors.

So, while many in the community are relieved to see Jones’ tenure on the board of supervisors come to a close in January, Plummer’s ascendence has sparked anxieties of its own. Plummer — who will succeed Jones next year — moved to the county almost a decade ago to join Bethel, and is an active participant in the church along with his wife and three daughters.

Plummer hopes that he can help restore order to the board of supervisors’ meetings. His day job is doing team building and critical thinking exercises for companies, and he’s got a lot of ideas for how that might come in handy.

“Maybe I’ll put a marble in a jar for every speaker who follows the rules,” he said, laughing. “When the jar is full I’ll pay for a pizza party.”

Francescut returns to her old job, and a tough task

Francescut took over the reins from Darling Allen in December. She’s been working in the elections office since 2008, when she took an hourly job verifying signatures on ballot petitions. She’s worked her way up in the 16 years since.

At a meeting in April, Francescut explained an extended absence after last November’s election: Her father-in-law had died after a two-year battle with cancer. A man in the audience — whose dog took up the width of the aisle next to his seat, secured by a rope leash — saw an opportunity.

“Karma’s a bitch!” he yelled.

Francescut said she’s mostly unfazed by the treatment. Raised in what she described as “the Ruby Ridge part” of Idaho, she says she’s learned not to take political disagreements personally. That’s becoming more and more difficult, she acknowledges.

Not every gathering in Shasta County is that way, though. Crye, the supervisor for District 1, holds weekly Friday morning gatherings at a coffee shop in his district. While many of the faces there are the same as those in the supervisors meetings, none of them are screaming. A recent one in early April featured a candid conversation about the county’s interpersonal problems. O’Connell was among the attendees, as usual, smiling quietly at the dozen or so people also gathered.

The attendees, mostly supporters of Crye, agreed the community was increasingly polarized and the supervisors meetings were out of hand. They said, though, that things had simmered down from the type of bullhorn-assisted screaming matches that had broken out during COVID lockdowns.

“What am I supposed to do about it? I don’t think I can do anything about it,” Crye, the elected chair for the board of supervisors, told the room when asked how he could shift the tone.

Francescut thinks the supervisors have more influence on tone than they realize, but — as of mid-June — she is no longer the target of the rage being voiced in their meetings. Last week, after two days of public interviews, the board of supervisors voted 3-2 to hire retired prosecutor Tom Toller to fill Darling Allen’s position through 2026. Toller has never run an election or volunteered as a poll worker. Francescut, who has worked for the office for 16 years, will return to the deputy position.

“What goes on in the elections office at this point is somewhat of a black box to me,” Toller told the board the day before he was appointed. “But I’m committed to quickly learning.”

Republican supervisors lauded Toller for his leadership style and his willingness to buck instructions issued by the secretary of state. In his cover letter to the board, Toller cited his belief that the county was “in no way beholden to the Secretary of State in Sacramento, as if her interpretation was chapter and verse of Holy Writ.”

Clint Curtis, an attorney championed by Jones, also interviewed. After the 2000 election, Curtis claimed to have invented software that could manipulate the results of an election, and has been making similar claims since. Jones allowed him to speak at length during his public interview, where he made clear he would fire most of the staff.

Francescut’s interview, by comparison, was far less collegial. After interrogating her for decisions made by Darling Allen, Jones accused Francescut of “mal-conduct” that he characterized as “grave.” He repeated false accusations that both of them had violated the law, and that he’d witnessed them make errors. When Supervisor Mary Rickert read emails in support of Francescut and highlighted her popularity with the public, Crye said such support was immaterial.

“We’ve all been elected by the people in our district to make the best decisions we feel that need to be made,” he said. “If the people wanted to bring back slavery, I’d say you probably wouldn’t do that.”

Crye said he would vote for Francescut if Jones and others supported Curtis, which ultimately swung the vote in Toller’s favor.

Employees of the elections office were lined up along the back of the room as the vote came in, showing support for Francescut. Many of them are likely to leave as a result of the decision — more than a third of the office’s 21 staff members have already resigned this year.

For her part, Francescut she has no plans to leave. “I can’t go anywhere before November, ethically,” she said, though the decision devastated her. She’ll spend the next few months helping to train Toller and attempting to retain the staff she can convince to stay. The comparative obscurity of the deputy position will also allow her to spend less time interacting with the board.

“I’m tired of being told ‘break the law, and if you don’t we won’t hire you.’ Toller can take that heat for a while,” she said. “I’m just looking for some kind of joy to come back to this process.”

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.

Some creators of debunked ‘2000 Mules’ haven’t stopped selling the movie, or false premise

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting

The right-wing media company that published the purported documentary and book “2000 Mules” announced late last week that it was pulling them from distribution. Salem Media Group also apologized to an Atlanta man for false claims in the film that he’d illegally cast the ballots of others.

It is the latest in a long series of hits to the film’s credibility, though the movie and its makers — Dinesh D’Souza and conservative nonprofit True the Vote — appear to still have a few lives left.

The film was released in May 2022, and held its premiere at former President Donald Trump’s Mar-a-Lago resort. It alleges that hundreds of so-called mules illegally cast ballots in the 2020 election, swinging it for Joe Biden.

Mark Andrews, the man featured in the film, sued Salem Media, True the Vote, and D’Souza for defamation in October 2022 over footage that showed him dropping off ballots while a voiceover falsely accused him of committing a crime. Investigators later found that the ballots were those of Andrews’ family, dropped off legally. Salem Media’s apology and the retraction stem from that lawsuit.

By the time Andrews filed his suit, the film had already been roundly debunked. The creators responded to questions about its credibility by challenging journalists to debates and filing complaints against states that refused to act on their assertions. Meanwhile, they refused to come forward with much evidence to support their allegations.

None of the fact-checking mattered much to fans of the movie, though, and the film sparked a wave of people taking it upon themselves to guard ballot drop boxes. The Texas Republican Party organized three screenings of the film at its 2022 convention. Trump called it the “greatest [and] most impactful documentary of our time.” The movie also made plenty of money.

Similarly, Salem’s choice to apologize and stop distributing the film may not dent the faith of the people who already believe the film’s claims. As The Bulwark’s Andrew Eggar wrote of the retraction, “Mopping up the water doesn’t un-carve the gorge.”

Notably, the apology came only from Salem; True the Vote didn’t sign on. In a statement about Salem’s apology and retraction, True the Vote said, “It is true that Salem is no longer in the case, but their departure does not change our position.” The group said it stood by the methodologies and claims in the film, despite having admitted earlier this year in a Georgia court filing that it had no evidence to support many of those claims.

True the Vote’s statement said that Salem’s apology is “gleefully being spread by the legacy media.” That gets at a central problem here: The people who believe what “2000 Mules” claimed are a completely different group from the people who will take notice of Salem’s retraction.

Despite Salem’s decision to stop distributing it, “2000 Mules” is still widely available. It is, for example, being shown in Wisconsin in a few weeks as part of a Monday movie series put on by conservative nonprofit Turning Point Action. The DVD is available for purchase on Amazon from D’Souza Media: $24.50 will get you a “2 DVD combo set” featuring both “2000 Mules” and D’Souza’s 2020 film “Trump Card.”

D’Souza has also created other themed content for purchase.

For example, there’s a children’s book for $21.06 called “The Plot Against the King 2000 Mules” (that’s the actual title), which is described as “a fantastical retelling of the horrible plot against Donald Trump to the whole family. It teaches fairness, integrity, and most of all: the importance of being truthful.”

As a reminder, D’Souza pleaded guilty to facilitating illegal campaign contributions — a felony — in 2014, only to be pardoned by Trump four years later.

If there’s any doubt that support for “2000 Mules” will outlive Salem’s decision, consider that D’Souza’s son-in-law, Brandon Gill, is likely to be elected to Congress this year in Texas’s 26th congressional district. Gill, a former investment banker with no political background, set up a website in 2022 called The DC Enquirer to promote “2000 Mules” and moved to a ruby-red district in Texas where a longtime congressman happened to be retiring.

This year, Gill won his primary with more than 60% of the vote.

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. This news analysis was originally distributed in Votebeat’s free weekly newsletter. Sign up to get future editions, including the latest reporting from Votebeat bureaus and curated news from other publications, delivered to your inbox every Saturday.

‘Are you kidding me?’ Hand count at Texas county GOP primary stretched into early morning

This story was originally published by Votebeat

Bruce Campbell, chairman of the Gillespie County Republican Party in Texas, predicted that results from the 13 GOP precincts would start trickling into the county elections office by 8:30 p.m.

By 9:30 p.m., he expressed surprise that none had returned.

Shortly after, he informed county Elections Director Jim Riley it might be hours before workers finished hand counting the thousands of early and mailed ballots — a task they’d begun at 7:30 that morning in a glass-walled tasting room at a winery called The Resort at Fredericksburg.

“Are you kidding me?” Riley said.

Campbell wasn’t kidding, or even hedging. In the end, the counting took all night long.

At 4:30 a.m. Wednesday, Gillespie County Republicans completed hand-counting more than 8,000 ballots, following through on a decision the county party made months ago amid a statewide push led by individuals who have promoted some of the wildest election conspiracy theories since the 2020 election.

Gillespie County Republicans decided to hand-count primary ballots even though experts agree, and studies show the method is time-consuming, costly, less accurate, and less secure than using machines.

A man wearing a blue shirt and glasses is seen in a hallway with two brown doors in the background.Gillespie County Elections Administrator Jim Riley listens to someone speaking in the hallway of the Elections Office in Fredericksburg early Wednesday morning. (Maria Crane / The Texas Tribune)

In each precinct and at one winery selected as the counting site for ballots cast during early voting, workers paid $12 an hour were hand-counting nearly 8,000 primary ballots, around half of which had been cast that day.

The workers couldn’t stop until they finished: Texas law requires the count be continuous. While the Gillespie County Republican Party has so far paid for the hand count, the state, which allocates money to reimburse political parties and counties for their primary and runoff election expenses, will ultimately reimburse most of its costs. The total has yet to be tallied, but that means Texas taxpayers will foot the final bill.

At the tasting room, called The Edge, ballots had been neatly stacked on tables supported by wine barrels, and estimates for when they’d complete this task fluctuated throughout the evening — from as early as 1 a.m. to as late as 5 a.m. Ultimately, party workers loaded the final set of counted ballots into a constable’s vehicle in front of the winery at 2:30 a.m. The final precinct would not report its results until just before 4 a.m.

It was not the efficient process Republicans envisioned, though one carried out with no visible calamity. From start to finish, the process took almost 24 consecutive hours and involved around 200 people counting ballots. It remains to be seen if any of the candidates on the ballot will challenge the results, or whether this count will withstand next week’s official canvass. Texas law only requires that elections conducted on electronic tabulation equipment undergo a partial recount, so there is no such requirement here.

“You saw how this went,” Riley told Votebeat at 5 a.m., when all party members had departed the office. “This was a circus.” He said he’d withhold judgment on whether the count was accurate because he didn’t have eyes and ears in the rooms where it happened.

A person wearing a grey sweater and glasses holds two giant boxes with a door way in the background.An election worker from Precinct 3 brings materials into the Elections Office on Tuesday. (Maria Crane / The Texas Tribune)

For their part, the Democrats conducted their primary with the help of the county using the same machines they’ve used for a few years. Even with paperwork delays and a minor glitch at one polling location, the party was finished counting all of its ballots — around 700 of them — by 10 p.m. It was a light year, as many reliable Democratic voters in the bright red county chose to vote in the Republican primary in order to participate in a contested sheriff’s race.

Campbell said the party’s “original goal” was to have “enough volunteers that we finished counting before the Democrats did.”

“Clearly, that didn’t happen,” he said.

Republican Party official David Treibs had been the chief advocate for hand counting, and told Votebeat in December after the plans were finalized that the process was “not anything that’s really complicated. If you go ‘1, 2, 3, 4, 5′ then you can do it.” Party officials expressed confidence results would be known shortly after the polls closed.

Treibs, a precinct judge and local tea party member, turned in his precinct’s election results — Precinct 13, held at an auction house — at about 2 a.m. The counting of 450 ballots wasn’t hard at all, he said. Figuring out the paperwork and reconciliation forms was more of a challenge. “It’s not like we do this every day,” he said, though he added that he’s looking forward to doing it again.

“Oh my God. It was so exciting,” he said shortly after turning in the results — visibly energized, despite the hour. “I was so happy with it.”

A man wearing glasses and a red, white and blue striped shirt looks at a computer screen.

Bruce Campbell, chairman of the Gillespie County Republican Party, in the Elections Office in Fredericksburg early Wednesday morning. (Maria Crane / The Texas Tribune)

Campbell, speaking to Votebeat at 4 a.m. at the county’s election office, was more reserved — he said he couldn’t say whether the hand count went well. “You’d have to ask those 300 people who worked and counted,” he said, including in his count poll workers who operated the polls but didn’t count ballots. “You’d have to ask the voters.”

He’s also not sure the party could recruit enough people for a high-turnout general election in November. “We’d need double the workers,” he said. “It’ll be double the number of hours.”

In 2020, Gillespie County Republicans carried out their primary with only 45 workers, and the results were reported in a few hours. None of the candidates challenged the results. This year, more than six times as many poll workers and counters turned up for shifts throughout the day — and some worked the entire time. Still, that fell short of the recruitment goal that party leaders told Votebeat in December they expected to clear without issue.

Treibs has recently begun publishing his own right-wing newsletter, the Fredericksburg Liberty Bell. In its very first edition, published Feb. 19, Treibs wrote the party still needed “100 more volunteers to help with the hand count.”

Republican turnout also ultimately exceeded expectations in the county, giving Republican workers a larger task than originally envisioned and pushing counting into the wee hours of Wednesday morning.

A worker from the 9th precinct — a volunteer fire station where only 77 votes were cast all day — was the first to return with results just before 10:30 p.m, after it took four people more than three hours to count those ballots. Precinct 4, where 439 voters cast their ballots on Tuesday at a local Girl Scout cabin, was the last to report. The precinct captain left the elections office at around 4:30 a.m.

Jerry Vaclav served as a Democratic election judge on Tuesday, and said the Republicans’ elongated counting process and frustration over the slow trickle of results “serves them right.”

“The sad part is this makes us look stupid to the rest of the state,” he said. Of Texas’s 254 counties, Gillespie was second to last to report its results. Harris County — the state’s most populous and home to Houston — still had precincts outstanding as of Wednesday morning. The county, which has become well-known for its recent spate of election problems, had nearly 1,200 precincts.

Tables and chairs fill the inside of a restaurant.

Tables and chairs fill the inside of The Edge, a winery tasting room workers used to count ballots. (Maria Crane / The Texas Tribune)

The tasting room at the winery, where about 4,200 early and mailed ballots were counted from 7 a.m. on Tuesday to 2:30 a.m. Wednesday, is a picturesque space. Counters worked beneath vaulted ceilings and in front of large windows overlooking a winding section of the Pedernales River. The Resort features a collection of tiny homes for rent, and is a popular destination for weddings. Its logo — a take on the popular “Come and Take It” flag — is a sideways corkscrew labeled “Come and Taste it.”

It was not the Republican Party’s original choice for this process, which had been slated to occur at a local church. Practice sessions, however, revealed the acoustics of the church were not conducive to several groups working separately at the same time. By contrast, the winery provided significant space with plenty of tables, designed purposefully for separate groups to gather at once. The party made the change early last week, surprising winery staff who were told the winery would be closed all day on Tuesday to accommodate the hand count. The winery reopened as scheduled at 11 a.m. Wednesday.

One of the owners of the space, Mickey Poole, is a former Republican candidate for city council. In 2020, a Gillespie County grand jury charged him with illegal voting and tampering with a government document, though the charges were dropped in 2023. Poole called the charges politically motivated. They stemmed from a ballot he cast in a 2019 referendum on fluoride in the county water system, despite having a homestead exemption in a different county and being registered to vote at his business address — a local Comfort Inn & Suites.

Poole had not responded to a request for comment submitted to the winery.

Republicans in Gillespie County began advocating for hand counting last summer, when the local party’s executive committee — mostly members of the Fredericksburg Tea Party — voted to ditch all electronic voting equipment used to tabulate votes.

That vote had been sparked by out-of-state election conspiracy theorists, who’d made rounds across the state attempting to persuade local leaders to hand count ballots based on unsubstantiated claims of broad election malfeasance. Among them: tabulation equipment was being manipulated by local election officials to change results.

Most Texas county leaders dismissed the claims. But many Republican party chairs in counties across the state — from large ones such as Dallas and Bexar to rural counties such as Uvalde in South Texas — considered hand counting before determining it would be more costly, logistically chaotic, and require around double the number of election workers or more.

A row of ballot boxes is seen through a window with two people in the background.Ballot boxes sit on a table inside of a winery in Fredericksburg on Tuesday. (Maria Crane / The Texas Tribune)

Gillespie was the only sizable county in the state whose Republicans attempted a full hand count of their results, though Travis County’s party leadership opted to hand count mailed ballots — a fraction of total votes cast. With just under 2,000 such ballots to count, the party — which is significantly larger than Gillespie’s — finished counting around midnight, with quality checks continuing throughout Wednesday.

Travis Party officials worked with the secretary of state’s office and the Travis County Elections department to quality-check its count. Campbell did not immediately respond to a question about whether Gillespie Republicans took similar steps to quality-check their count. Travis County also video recorded its hand count process, a step that the Gillespie County GOP did not take.

A small number of counties with populations of only a few hundred also always count by hand, but rarely have large numbers of ballots or candidate choices, as Gillespie did.

Some of the Gillespie Republican Party’s candidates and emissaries were enthusiastic about the change.

“We love hand counting,” said Barbi Biedermann, whose husband, Kyle, was running to unseat Republican state Rep. Ellen Troxclair.

“I believe it’s a foolproof system,” she said on Tuesday “I think we are going back to how it was. If it’s not broken, why fix it?”

Her husband, with whom she owns two hardware stores in the county, stood campaigning in front of a precinct near downtown. He had been endorsed by those party members who’d advocated for hand counting. “I agree with everything my wife said,” he told Votebeat, declining to comment further.

When unofficial results were released on the Texas Secretary of State’s website, Kyle Biedermann was shown losing to Troxclair by 9 points. Of the five counties in the state House district, results show Biedermann won only Gillespie County.

Gillespie County voters had more of a mixed reception.

Dudley Kiefer, a longtime resident of Fredericksburg, cast his ballot at Precinct 7, housed at the county’s Farm Bureau. Keifer, who has been voting in the Republican primary for 19 years, said he preferred casting his ballot on a machine, citing ease and reliability. “With the population we have, we have to take advantage of our technology.”

Susan Boone — who also cast her ballot at Precinct 7 on Tuesday — said she didn’t oppose it, but called hand counting “unnecessary.” So did Tim Bowyer, who voted at Precinct 4, without any issues and not much of a wait. “I didn’t distrust the machines,” he said.

Natalia Contreras is a reporter for Votebeat in partnership with the Texas Tribune. Contact Natalia at ncontreras@votebeat.org. Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

"Stock Photo: A Man Who Voted Holds Up His Voting Badge Lapel Pin." on Shutterstock: http://tinyurl.com/m4mu8gu

"Stock Photo: A Man Who Voted Holds Up His Voting Badge Lapel Pin." on Shutterstock: http://tinyurl.com/m4mu8guMan who voted holds up his voting lapel pin (Shutterstock)

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for our free newsletters here.

AI technology sparks new worries, but poses familiar challenges to elections

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.

Recently the internet has been Freaking Out about artificial intelligence. I’m sure you’ve noticed.

The worries are not unfounded. Last month, what appears to be an AI-generated robocall in a voice made to sound like President Joe Biden went out to New Hampshire voters, telling Democrats not to vote in the upcoming presidential primary because it “only enables the Republicans in their quest to elect Donald Trump.” The caller ID made the call appear as if it had come from someone associated with the Biden campaign in the state. No one seems to know who is responsible.

That will not be the last time this happens. The horse, as they say, has left the barn.

So, I was excited to participate in a convening of scholars, election officials, and journalists in New York last week meant to at least begin to assess the potential impact of AI on the 2024 election. While I am well-acquainted with what one might describe as the beep-boop side of the journalism world, AI seemed overwhelming and scary to me prior to this. It’s still scary, but I’m — surprisingly — walking away less worried about it.

The program was the brainchild of Julia Angwin, an investigative journalist and author, and Alondra Nelson, a social scientist who served as acting director of the White House Office of Science and Technology Policy under Biden. It was the first program of their new initiative, AI Democracy Projects.

Participants were broken into groups and asked to test four AI language models, or chatbots, on a set of prompts about the election — how to register to vote by mail in a given county, where a voter could find the nearest polling location, etc. — and assess the quality and the differences of the responses. It’s certainly not a complete answer on the goodness or badness of any of the language models, but measuring the impact of new technology has to start somewhere.

Ultimately, what the day proved to me was that the problems AI may cause aren’t really that new, and that with appropriate collaboration between interested parties — in this case, election officials and AI leaders — the public can build up defenses appropriately, even if we might need to do so in a different way than we have before.

Quinn Raymond, who participated in the day, co-founded Voteshield, a program that monitors changes in voter registration databases to spot malicious activity, and analyze anomalies. He says he and his colleagues at Protect Democracy have been thinking about these problems a lot. “The consensus is that the threat of AI in elections is ultimately one of scale. Someone trying to disrupt an election is basically using the old same dirty tricks (imitation, intimidation, etc), but now the barrier to entry is a bit lower, and the verisimilitude higher,” he said in an email after the event. “So a comparatively small number of motivated individuals can do a lot of damage even if they start out with minimal knowledge and resources.”

The Brookings Institute has recently released a helpful explainer on AI’s possible impact on elections, with a realistic take on its potential for harm. It comes to a similar conclusion.

All of that sounds terrifying, I realize, but here’s why I’ve downgraded my own terror to “twingy discomfort.”

For much of the day, I was testing election prompts in a room with two local election officials from large counties, two academics, and a former federal official. I’d played with ChatGPT before, but certainly not in this way. And, honestly, it was surprising how dumb the responses were, sometimes flatly unhelpful to the point of uselessness. Language models are — at least for now — not quite there yet.

For example, when asked to locate the nearest polling location to a Koreatown zip code in Los Angeles, one language model popped out the address of a veterans center several miles away that is not a polling location. I realize that seems harmful: maybe a voter would rely on that information and show up. But ultimately, the answers make such little sense that it’s likely that person would ignore it or seek information elsewhere.

“For voters seeking information on how to vote, a basic Google search performs much better than asking any of the chatbots,” said David Becker, a participant in the conference and the executive director of the Center for Election Innovation & Research.

And, really, that makes sense given what AI is, says Raymond. “AI is fundamentally a technology about ‘guessing,’ and providing voters with accurate election information is fundamentally about ‘knowing,’” he said.

At least for now, it’s likely that a person sophisticated enough to seek out and use these language models for answers would pretty quickly realize they aren’t very good yet at election information and go elsewhere. Many of the public-facing models also explicitly label election information as potentially unreliable, referring users to local election offices or Vote.gov.

What was useful, though, was watching the election officials and the AI experts talk to each other. It’s a model for real collaboration in this area, and makes me optimistic about our ability to proactively address both the models’ shortcomings and the growing threat of disinformation as the technology becomes more sophisticated.

A robocall like the one in New Hampshire was inevitable. And this will keep happening. Like any evolving technology, experts and government officials need to rise to the occasion and update technology policies to address real-world conditions. For example, a handful of states are requiring images created using AI to be explicitly labeled. State-level attention to the issue has grown even since the start of the year, energized by the robocall.

This event was a great first step, and suggests that there really is common ground to be found on this important issue. Legislators working on bills should take note of the collaborative, interdisciplinary way Angwin and Nelson chose to approach possible solutions.

As I spoke to the election officials and journalists who’d attended the event, I realized that a common refrain was this: You just have to start playing with AI in order to understand it, and you shouldn’t be afraid to do it. Open ChatGPT and ask it questions. See what kind of images you can create with Microsoft’s Image Creator, and look closely for the tell-tale signs such generated images carry, such as not showing faces or distorting text. Try and clone your voice, and see what it sounds like.

Given how inaccessible the whole premise of AI seems, there is a real impulse to avoid engaging with it — as if it might shock us through our keyboards or take over our homes like that Disney movie from 1999. While an understandable response, it’s not a viable one if we — consumers of real information who attempt to assess that information in context — want to understand the pros and cons of this very real thing that is already having very real impacts.

If you want to dip your toe in gently, here are some good places to start (none of which require any previous knowledge to understand):

  • AI Campus (an initiative funded by the education ministry in Germany) has a great video called “Artificial intelligence explained in 2 minutes: What exactly is AI?” AI Campus also contains free lessons on AI, all aimed at creating “an AI-competent society.” Cheers.
  • Artificial Intelligence, Explained” from Carnegie Mellon University is a great introduction to the various vocabulary words you might come across while exploring, and links out to helpful information on the history of AI’s development.
  • Harvard University has an extensive site dedicated to AI. While it’s aimed at students, it’s open to all and contains really fascinating tools and suggestions for how to explore the seemingly endless options offered by language learning models. I specifically recommend their guides on text-based prompts and their comparison of currently available AI tools.
  • We played a terrifying game in which a graduate student showed the room — full of experts! — a series of AI-generated images blended with actual photos and asked us to vote on which were real. There wasn’t consensus on a single image, and most people got most of them wrong. I certainly did. You can test your own skills in a similar quiz from the New York Times.

If you are an elections official who has concerns about this stuff, tell me what they are. I plan to remain engaged in this conversation, and Votebeat will certainly cover AI-related issues this year and beyond. Let us know what’s important to you.

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. A version of this post was originally distributed in Votebeat’s free weekly newsletter. Sign up to get future editions, including the latest reporting from Votebeat bureaus and curated news from other publications, delivered to your inbox every Saturday.

The federal agency dedicated to elections is in turmoil ahead of 2024

Some news: The U.S. Election Assistance Commission has fired its executive director, Steven Frid, who held the job for less than a year. Frid was the agency’s third executive director in as many years. The agency has also been without a permanent general counsel for nearly two years without even an interim counsel for a year — the temporary replacement left for a job at the Federal Emergency Management Agency last February.

The EAC has confirmed Frid’s departure. Sources with direct knowledge of the decision confirm he was fired.

The executive director and the general counsel represent the top two staff positions in the agency. That means the agency’s chief information security officer — who would otherwise be focused on crucial cybersecurity issues that are obviously relevant to 2024 — is now filling in as executive director. The agency is beginning a search for a different interim director while they look for a permanent replacement.

I’ve spent much of my career writing about how (and why) the EAC isn’t a particularly effective agency. Here are some of those headlines:

  • “How the Election Assistance Commission Came Not to Care So Much About Election Security.” (Nov. 2018)
  • “Federal Election Agency, Hungry for Funds, Now Pays for Officials to Get to Office.” (July 2019)
  • “How Voter-Fraud Hysteria and Partisan Bickering Ate American Election Oversight.” (July 2020)
  • “How Trump ally Cleta Mitchell won a seat on the EAC advisory board” (Nov. 2021)

That’s not to suggest that the EAC has been entirely ineffective. The agency, for example, efficiently distributed emergency funds during the pandemic and recently updated the (very out-of-date) standards for voting systems it maintains. But, repeatedly, apparent progress is derailed and the agency finds itself largely back where it was.

Four commissioners — two Republicans and two Democrats — are responsible for running the agency, which despite its small size clearly does important things. It is, some election administrators will tell you, the best shot the country has at sane election guidance from the federal government.

While many election administrators long ago reached the opinion that the EAC was never going to amount to an effective voice in elections, many still hold out hope that an agency they see as a crucial conduit to Congress and the White House will get its act together. I’ve had dozens of conversations with dozens of such people that go something like this: “Did you see that the EAC hired [insert name here]? They could do some good there.”

Inevitably, that person — a new project manager, a new technologist, a new executive director, a new attorney — leaves or is fired within two years.

This pattern of turnover for the executive director and general counsel began in 2019, when the pair of officials who’d held the roles since 2015 were not rehired as their contracts expired. Both were replaced in the summer of 2020 by permanent candidates. About a year-and-a-half later, both positions would be vacant yet again: Executive Director Mona Harrington left for CISA in January of 2022, and General Counsel Kevin Rayburn left for the postal service that February.

An interim general counsel filled the role until leaving for FEMA a year later, and it has been open since. An interim also held the executive director position until Frid was hired in January 2023. Then Frid lasted until late December.

So — as in 2020 — the EAC begins the 2024 federal election year without both an executive director and a general counsel.

Rather than being allowed to focus entirely on supporting local election administrators this year, the agency’s four commissioners will have to continue filling open positions. By law, the EAC will also have to convene an ad-hoc group of state elections administrators to recommend replacements. These folks, obviously, also have a lot to do this year.

On top of it, that committee has rarely been listened to by the EAC’s commissioners: since at least 2019, no person recommended by this committee has been chosen. No one I’ve spoken to who has served on this committee in the past expects it will be any different this year.

In the last eight years, several meetings about the EAC I have attended have really been about — whether this was the stated topic of discussion or not — how the agency can’t attract or keep staff. Past employee surveys and Office of Inspector General reports have, likewise, repeatedly noted high turnover and lack of staff satisfaction. Every single one of the current commissioners is on a holdover term, as congressional leadership has declined to formally renominate them or replace someone else when their terms expired. The entire agency, it seems, is suffering from hiring problems.

A recent OIG report said that while the elections community has growing expectations for the small agency, the “EAC has limited staff and a growing mandate, and conditions make this challenging to overcome.” The report indicates that salary caps at the agency and other internal limitations make it difficult to find qualified staff willing to take the jobs. And, so, any rare success the agency has achieved with its hires in recent years has been awkward to sustain.

So, unless the commissioners can pull off a miracle here — or at least engage the community they serve — that pattern is likely to continue.

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Votebeat is a nonprofit news organization committed to reporting the nuanced truth about elections and voting at a time of crisis in America.

A Mississippi voting meltdown deserves more attention than it’s getting

The 2023 off-cycle election has concluded and it was, on balance, a smooth success. Turnout was high where it was expected to be, and low where it was expected to be, and by and large, administrators were prepared. There was a scattering of snafus and incidents, most of which were resolved without further issue.

There was, as is often the case, a glaring exception to the untroubled proceedings: Hinds County, Mississippi.

Hinds County is home to Jackson, a predominantly Democratic and Black city, which has had more than its share of adversity shoveled its way in recent years. And throughout that county, precincts repeatedly ran out of ballots. Polls open at 7 a.m. and at least one precinct — McLeod Elementary in North Jackson — was out of ballots before 9 a.m. Ultimately eight others (out of a total of 110 voting precincts) would also run out of ballots. Lines were up to two hours long in some places, and some voters simply left altogether as the county responded by delivering small batches of more ballots throughout the day.

Sure, turnout was high. But it was expected to be. The state has been the setting of a surprisingly competitive gubernatorial race.

Still, initial returns do not suggest to me that Hinds County’s turnout in 2023 — around 65,000 votes cast for governor — was significantly higher than the 2019 election of the same type, where more than 70,000 votes were cast.

The early numbers make explanations by local officials seem at least incomplete.

In an interview with local station WLBT, Hinds County District 5 Election Commissioner Shirley Varando blamed “unexpectedly large turnout as the problem.” “We’re running ballots as we speak because we’re trying to make sure every voter gets a chance to come out and cast their ballot for the people of their choice,” she said.

“I believe that the secretary of state’s office and county elections office were simply not prepared for the overwhelming, amazing turnout we are seeing in Hinds County. We are not seeing any of these issues in any other precincts in any other counties, to this degree,” Jason McCarty, a member of the Hinds County Democratic Party Executive Committee, told CNN.

According to local station WAPT, “District 2 Election Commissioner RaToya McGee said there were enough ballots delivered for 70% of voters in each precinct. McGee said some poll managers didn’t pull out all of the ballots they were supplied before calling to ask for more.”

State law requires the counties to have ballots for 60 percent of total active voters, and gives local officials discretion over how they are distributed.

There are just more than 165,000 active voters in the county, which suggests — if McGee is right — that there should have been about 115,000 ballots to go around. Of course, stocking ballots is not a simple matter of distributing them equally across the county. It is far more complicated, and any election administrator could tell you so: Ballots must be apportioned by precincts and language, among other things. A whole number won’t tell you much, but no one is responding to my requests for a more detailed explanation.

We don’t yet know a lot about what happened in Hinds County on Tuesday, but Secretary of State Michael Watson offered 2020 redistricting as a factor in an interview with Mississippi Today. The new maps changed precinct lines and also split precincts in new ways.

“They might have 10 people at the precinct who get one ballot style, and then 50 who get another ballot,” Watson said. “I think in some cases, this got flipped, and they ended up with 10 of one type when they needed 50. We were getting calls throughout the day about problems in Hinds, and we then learned there were several lawsuits being prepared.”

If he’s right, that’s… not great. And it’s something thousands of other election administrators across the country get right, regardless of how the precinct lines move. We’ll see what shakes out in the end, but, whichever way you slice it, it’s a huge misstep (or rather, series of missteps) on the part of the Hinds County election commission — a five-person committee made up entirely of elected Democrats.

For their part, Watson and his office were quick to point out that the secretary of state has little control over the decision making of the counties in the state, and did not respond to an inquiry from Votebeat about its authority to respond to the failures now that they’ve occurred.

Now, let’s talk about why Mississippi elections don’t get as much attention as other states, even though local reporters have knocked themselves out covering issues there. News reports and public acknowledgement of the ballot shortages began to trickle out Tuesday afternoon, though the problems had started several hours earlier. If this were a county in a swingier state than Mississippi, we all would have known about it immediately and Hinds County would have been forced to offer a more fulsome explanation.

It took me the better part of a day to find one person from a national advocacy organization that had been on the ground in Jackson. Ultimately, through multiple layers of contacts and one accident, I found two. Had it been any similarly-sized county in any swing state, I bet it would have taken a matter of minutes to find contact information for a half-dozen.

Not so in Mississippi.

Debbie Pattenburg, who manages communications for the League of Women Voters Mississippi, said that she can “only surmise” the votes lost as voters left the lines in Hinds County “likely would not have made a bit of difference in the state elections,” though they may have had an effect on local races.

“[Hinds County] is one of the most underrepresented in the history of the state, and this just contributes to their voter fatigue,” she said. “Someone didn’t do their jobs.”

Paloma Wu — deputy director of impact litigation at the Mississippi Center for Justice, which represented Mississippi Votes in one of the lawsuits to keep polls open in the county — acknowledged that reaction has been “quieter than you would expect for such a big failure.”

She agrees it’s because Hinds County isn’t competitive.

Will it ever be thus? Even though voting rights and access to the ballot box is the issue du jour, there are clearly still big problems in this country that aren’t investigated with the thoroughness they deserve because the voters affected by them do not live in a politically critical place.

Maybe it’s time we all looked hard at that.

Back Then

This isn’t the first time Hinds County has been short on ballots:

“The Hinds County Board of Supervisors asked county attorneys Monday to investigate the actions of Hinds County Election Commission Chairwoman Connie Cochran after she admitted to not ordering the number of ballots required by law for any of the past four countywide elections,” reported the Clarion Ledger on Nov. 19, 2014. Defending her actions, Cochran said she was “just trying to save the county money.”

Cochran left county office in 2016 after losing re-election.

New From Votebeat

From Votebeat Arizona: Two new Arizona laws would create regular checks on voter citizenship. Will a judge let them stand?

From Votebeat Arizona: Early closing times for some Maricopa County drop boxes frustrate last-minute voters

From Votebeat Pennsylvania: Voting machines in Northampton County printed ballots with errors in two judicial races

From Votebeat Pennsylvania: “Hectic from the get-go”: How a new polling place chief in Pennsylvania navigated his first election.

From Votebeat Michigan: Low turnout but smooth sailing for Michigan’s first foray into early voting

In Other Voting News

  • The Minnesota Supreme Court dismissed an effort to ban former President Donald Trump from the state’s primary ballot under the 14th Amendment, which renders anyone who “engaged in insurrection” from holding office, ruling that political parties control which candidates are eligible for the primary ballot, but left open the possibility of a similar lawsuit succeeding in keeping him off the general election ballot, the Associated Press reported.
  • The Cybersecurity and Infrastructure Security Agency, which works with election officials around the country to protect against physical and virtual threats to elections, said this year’s elections ran smoothly and they saw no major threats.
  • Election offices in five states — Georgia, Nevada, California, Oregon, and Washington — received suspicious mail including a powdery substance, some of which contained fentanyl, the Associated Press reported. The FBI and U.S. Postal Inspection Service are investigating. Secretary of State Steve Hobbs called the incidents “acts of terrorism” meant to undermine elections, and Georgia officials said they were providing the naloxone, a drug to reverse overdoses, to Fulton County elections officials as a precaution.
  • Former President Donald Trump is pressuring Wisconsin Assembly Speaker Robin Vos to impeach Meagan Wolfe, the nonpartisan head of elections in the state, something Vos has so far declined to do, the Journal Sentinel reported.
  • A judge upheld the results of the 2022 election in Harris County, Texas, ruling against a Republican candidate in a judicial race who said thousands of voters had been unable to cast ballots because of a ballot paper shortage affecting some polling places, the Houston Chronicle reported. The judge found Harris County election officials made many mistakes, but not enough to invalidate the election, and he also threw out all but one of 21 remaining election contests challenging the results.

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Votebeat is a nonprofit news organization committed to reporting the nuanced truth about elections and voting at a time of crisis in America.

Yet another attempt at cleaning voter rolls goes badly wrong

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. A version of this post was originally distributed in Votebeat’s free weekly newsletter. Sign up to get it delivered to your inbox every Saturday.

You may have been following the news out of Virginia, where Gov. Glenn Youngkin’s administration recently acknowledged removing thousands of voters from the rolls who shouldn’t have been purged.

There’s a major state election there next week that will determine control of the Legislature Although Youngkin, a Republican, says the affected 3,400 people have had their status restored, advocates say the damage is done, his administration has been cagey about how the removals occurred, and revised the estimate of how many people were affected upwards to the point where they can’t trust the numbers. Initially, Youngkin’s administration said that only 275 people had been affected.

It’s hard to know much about how this happened — despite the election next week, Youngkin hasn’t offered any real transparency or explanation. What we do know is that it was a flawed attempt to rid the rolls of people who’d committed a second felony since having their rights reinstated (though, it’s still unclear if that is actually a problem). Youngkin’s staff says that a data-sharing issue led to these individuals — all of whom had committed probation violations, which would not affect their civil rights — being wrongly removed.

This botched job follows quite a lot of changes Youngkin has made to the rights restoration process in Virginia, generally. In Virginia, people convicted of a felony automatically lose their civil rights — the right to vote, the right to run for office, the right to carry a firearm and the right to serve on a jury. The governor, and only the governor, has the discretion to restore these rights (except firearm rights, which must be restored by a court). Virginia is the only state with such a process, and administrations immediately prior to Youngkin’s had opted to more or less automatically restore these rights. For his part, Youngkin decided each case must be individually reviewed.

The numbers resulting from Youngkin’s change in procedure are stark.

Former Virginia Gov. Terry McAuliffe’s administration restored rights to more than 170,000 during his term. Former Gov. Ralph Northam came in at over 125,000. Both are Democrats. Since he took office in 2022, Youngkin has restored the rights of fewer than 5,000 people in two batches: His first batch — under Northam’s previously established practice — led to the restoration of the rights of about 3,500 people. His second, under his new system, restored the rights of only 800.

It is in this climate that Youngkin is now explaining why and how 3,400 people found themselves removed for no reason. Advocates and Democrats have lost patience and are filing lawsuits and calling for investigations.

Elected officials love to have ideas about voter rolls. They think — in the same way any given uncle at Thanksgiving thinks — elections are a simple process, and that security or ease or fairness can be assured as long as a Disruptor with Big Ideas is at the helm.

Even a passing glance at history tells you this is false.

In 2019, Republican Texas Attorney General Ken Paxton made a really big deal about what he claimed was a list of 95,000 “non-citizens’' who were registered to vote in the state. He arrived at that number by asking the Department of Public Safety – which issues driver’s licenses – to produce a list of individuals who were registered to vote while still having a license specified for drivers who aren’t citizens.

As counties went through hundreds of names provided, election officials almost immediately realized that nearly all of them were citizens. Many had registered at a naturalization ceremony. Ultimately, most counties ignored the list entirely.

In 2000, when Jeb Bush was governor of the Sunshine State, Florida had their own issues attempting to rid the voter rolls of felons. After hiring a private company to do the data work, the state realized hundreds of people had been removed in error. It also sent notices to people who were very much not felons, informing them that they were felons. Nonetheless, Scott, a Republican, never really learned his lesson, demanding a purge of supposed non-citizens ahead of the 2012 presidential election. Courts ultimately said it was flawed and illegal.

In their quest to remove what they claim are “illegal” voters from the rolls, these officials assume that it is quite easy to compare one list of people against another list of people. Unfortunately, this assumes that the lists are complete, accurately spelled, and contain no duplicate entries or — at least — enough information to investigate false positives. This describes almost no government database, much less two at once (and it’s why the interstate voter-roll compact several states, including Virginia, recently left won’t be easy to replace).

The real result is that county clerks (or election administrators, whatever you call them where you are) end up doing even more pointless work to placate the demands of elected officials with unachievable goals and ill-advised practices. They are the ones who, given the final list of names, have to make the final call — and that takes work. Consider this example in Florida, courtesy of the LA Times:

“Harry Sawyer, election supervisor in Key West, was stunned when Florida officials sent him a list of 150 convicted felons to cut from county voter rolls in mid-1999. Among those named: an election employee, another worker’s husband — and Sawyer’s own father. None was a felon.”

Consider, as well, the tale of Chris Davis ­— then the election clerk in Williamson County, Texas — in 2019 after being provided with the names of hundreds of supposed non-citizens to individually check. Provided with 2,033 names, a cursory check by the county found that more than half of those on the list had previously provided proof of citizenship to the elections office.

“Our vetting continues indefinitely for now,” he told local news in 2019. A federal court would eventually bring it to a close.

And so it is in Virginia. Glenn Youngkin may have cooked up this idea, but it’s going to be local election officials who are left holding the bag. They are already tasked with restoring rights to these individuals, and will be the people who face questions and complaints about a confusing and tedious process for rights restoration.

Back Then

Elections officials know the problem I’ve described above is far from a new one, but in case you need that driven home, please consider this December 1998 article from the News & Advance in Lynchburg, Virginia, titled, “Voter roll problems not as bad as first thought.” It continues:

“If David York wants to keep voting, he’ll have to convince elections officials he’s not a felon. And he’s not alone.

“The 30-year-old Alexandria man was one of 11,221 Virginia voters singled out last month by a state watchdog agency as illegally registered to vote, either because they are supposed to be dead or were convicted of felonies.

“But after localities began purging those names from their voting rolls two weeks ago, local registrars discovered the list included names of legitimate voters.”

New From Votebeat

From Votebeat Arizona: Cochise County officials who refused to certify election now under investigation by Arizona attorney general

From Votebeat Pennsylvania: Working the polls cleared up Jay Schneider’s 2020 suspicions. Now he’s taking charge as a judge of elections.

From Votebeat Texas: A poll worker’s heart attack in Williamson County highlights tensions between officials and poll watchers

In Other Voting News

  • A Colorado trial will determine whether former President Donald Trump’s efforts to overturn the 2020 election, especially in connection with the Jan. 6, 2021 riots at the U.S. Capitol, have left him ineligible for the ballot under the 14th Amendment to the Constitution, the New York Times reported, one of several efforts to disqualify him underway in states around the country.
  • A judge has ordered a new primary be held in a Bridgeport, Connecticut mayoral race after challengers produced a video showing a local Democratic official putting multiple absentee ballots into a ballot drop box, though lawyers representing the city said they would appeal the ruling. The official on the video was called to testify, but invoked her Fifth Amendment right against self-incrimination, the Hartford Courant reported.
  • A Virginia voting registrar who wasn’t reappointed has filed a lawsuit contending her removal violated her First Amendment rights because her reappointment was rejected for partisan reasons, in what lawyers told the Washington Post is likely to be a test case.
  • Some Pennsylvania counties are scrambling to fix ballot printing errors that could affect next week’s election, including Greene County and Warren County, according to local news reports.
  • The Arizona Republic is requesting $690,000 in legal fees from the state of Arizona after a two-year legal battle over records related to the state Senate’s review of Maricopa County’s 2020 election, the Republic reported.

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Votebeat is a nonprofit news organization committed to reporting the nuanced truth about elections and voting at a time of crisis in America.

The Georgia indictments are the most likely to bring lasting change for local elections

A lot of ink has been spilled this week pointing out the differences and similarities between the two sets of indictments that former President Donald Trump faces for his efforts to subvert the 2020 election.

Special counsel Jack Smith’s federal case is highly narrative. He is creatively interpreting older law to apply to completely unprecedented behavior from a public official in the United States, requiring storytelling and chronological framing to explain the applicability of the laws. Fulton County District Attorney Fani Willis’s charges in Georgia — though vast in number and diverse in scope — have far less of that and don’t really require it. The crimes described by Willis, or at least most of them, are simply more straightforward than the crimes described by Smith.

And part of the reason for that relative simplicity is that elections are local and governed by local law. The offices that carry out elections are county and state offices, and the officials who can most meaningfully be influenced to violate their legally required duties are county and state officials. There are more applicable crimes in this space because there are more applicable laws in this space.

While there are big, nationally known names among the defendants — Mark Meadows, Rudy Giuliani, Sidney Powell, and John Eastman — there are a lot of them you’ve probably never heard of. They include locals like Georgia Republican Party Chair David Shafer, Republican State Sen. Shawn Still, and Coffee County Elections Supervisor Misty Hampton. The criminal acts alleged in the document span everything from impersonating a public official to racketeering to computer theft.

For example, Willis’s case lays out how local actors worked alongside the former president to tamper with and illegally access voting equipment in the state. Despite an investigation by the Georgia Bureau of Investigations, none of the well-known suspects in the case had been charged until Monday.

This week, Lawfare put out an astounding deep dive into the events in Coffee County. It shows how local these issues really are, reconstructing the actions of local party officials and local elected officials, drilling down into the things we’re all so familiar with: meeting minutes, misinformation in local activists’ YouTube videos, public records.

The Georgia case also, finally, attempts to achieve some justice for election workers Ruby Freeman and Shaye Moss, who were relentlessly harassed as a result of the lies described in the filing. While the pair have sued Giuliani for defamation, the indictments finally hold others accountable for their actions facilitating or carrying out the shocking treatment of these women.

It also explains the organization of the fake elector scheme carried out in the state, and explains in great detail the lengths that campaign officials went to alongside local GOP staff and party members to submit a slate of false electors to Congress claiming Trump had won the 2020 election in Georgia.

And Willis’s choice to pursue this case using RICO charges has allowed her to more clearly tie together the actions of Trump to his campaign officials and to state and local officials in Georgia, all as parts of one criminal enterprise, in the eyes of Georgia’s powerful racketeering law. None of the other cases Trump has so far faced have been able to draw such clear lines.

Still, Willis’s case is likely to face huge hurdles.

The individuals charged who were employees of the federal government at the time the alleged crimes were committed can ask for the case to be moved to federal court. Mark Meadows already has, and a hearing has been scheduled for Aug. 28. Trump and former Justice Department Official Jeffery Clark will almost certainly make the same move.

Willis is expected to fight back, but those hearings and those decisions take time. As do lots of other things well before the trial begins.

Jury selection is one of those time-consuming phases. To wit, Willis is also trying a RICO case against rapper Young Thug and nine other defendants. Jury selection for the case began in January and has taken eight months, the longest jury selection has ever taken in Georgia. Trump’s case is far more complicated and has twice the number of defendants, which increases the number of potential conflicts among the jury pool.

As in the Young Thug case, the wait and expense of attorneys is likely to mean that defendants begin dropping and turning against each other. But it’s also likely to mean that we are waiting years for Willis’s case to wrap itself up. I recommend this episode of the Serious Trouble podcast for a smart discussion of this hurdle and others.

Still, if it’s successful, Willis’s case will be profoundly important as a precedent-setting measure. Lots of you have told me that you fear that the treatment of election workers and the dirty tricks the political parties play in elections will get worse, not better, over time. It’s a concern I share.

Convictions in the Georgia case might mean real change in this regard. Her extensive use of local-level law to hold local individuals accountable for behavior that had national consequences has the potential to make a difference in the future, even in non-presidential elections. Its ability to deter similar behavior in the future is an important outcome entirely outside the reach of Jack Smith’s prosecution of the former president.

Here’s a fun one that reinforces the importance of the availability of absentee ballots: In 1898, Thomas C. Dawson, first secretary of the United States legation at Rio Janeiro, traveled a whopping 8,000 miles from where he was stationed in Brazil to his home in Council Bluffs, Iowa, to cast a ballot. Reads the New York Times, “Mr. Dawson, although a comparatively young man, is a political factor in Iowa.”

From Votebeat Pennsylvania: Pa. will track voting machine malfunctions under new settlement with election security groups

From Votebeat Texas: New law extending early-voting hours could cause poll worker shortage in rural Texas

From Votebeat Michigan: Michigan clerk faces demands for resignation and recall threats after his indictment in “false elector” plot

From Votebeat Arizona: Rulebook for Arizona’s 2024 elections faces criticism from multiple sides

From Votebeat Texas: Harris County’s election chief remains in legal limbo after judge rules that lawmakers can’t dissolve the position

Authorities are investigating threats made to members of the grand jury in Georgia that recently indicted Trump and 18 others after their names were included in the indictment.

The new elections director in Coffee County, Georgia, has a big job ahead of her, and in advance of the 2024 election she met with local media to promise transparency given the recent charges.

NBC News has published an inside look at one of the GOP’s favorite proposed replacements for the Electronic Registration Information Center — a newer program that checks rolls for ineligible voters called Eagle AI. Preview: It relies on far less data and doesn’t work nearly as well.

Trump ally and My Pillow CEO Mike Lindell gathered voting activists in Springfield, Missouri, to outline what he described as a God-sent plan to save America. The Springfield News-Leader attended so you didn’t have to, and here’s how it went.

Ahead of the 2024 elections, the Democratic Association of Secretaries of State is planning a $10 million program to hire private security to protect election officials. The venture, called Value the Vote, will focus on five states: Georgia, Arizona, North Carolina, Nevada, and Wisconsin.

An appeals court in Indiana has shut down a legal attempt to expand vote-by-mail eligibility, filed by voters who initially qualified to vote by mail under pandemic rules but could not do so in 2022. Meanwhile, Roll Call is out with a piece on why Utah Republicans buck their national counterparts in embracing the practice.

Republicans in North Carolina have proposed sweeping changes to the state’s election laws ahead of next year’s presidential elections. WUNC has an explainer.

Spalding County, Georgia, south of Atlanta, has approved a measure to hand-count ballots to check the accuracy of the machine counts before results can be certified. Hand counting, as ever, remains a risky and inefficient way to tally votes.

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

Just because you can vote with lever machines, online elections or punch cards doesn’t mean you should

In light of the holiday, here’s an homage to historical election practices that were bad ideas — bad ideas officials were often warned about and went ahead with anyway. I will mention three here, but I welcome your submissions, which may be featured in future newsletters.

Let’s talk about lever machines — the hulking, metal behemoths that New York state refused to stop loving until 2010 (not a typo).

Invented by Jacob H. Myers and patented in 1889, they were first used in Rochester, N.Y. — where Mr. Myers lived — in a general election seven years later. In their very first use, they were a disaster, according to an otherwise glowing biography of Myers.

“All did not go well in Rochester at the election of 1896. Some machines, apparently, lost dozens, or perhaps hundreds of votes,” it recounts. A lawsuit followed. So did media fury. And yet! AND YET! People loved these stupid, giant things.

Despite the problems, lever machines were slowly adopted by counties across New York and elsewhere in the country. The machines suffered from the same problems the entire time they were used, more than a century. Despite how impenetrable they appeared, election judges could accidentally (or not) screw up an entire election by sticking a pencil in the back end. Seriously.

Still, they persisted for so long because voters actually preferred them to paper ballots due to their confidence-inspiring size. There’s a joke here, which I’ll let you make on your own.

But please stop talking about online voting. I won’t go on for very long about this, because the risks of online voting are well-established. Even while there’s a perpetual push for online voting, early experiments with it have proven why it’s a tough sell. The very first legally binding election conducted online was the 2000 Democratic primary in Arizona, held by a New York-based company called Votation.com (now election.com). It did not go well! Among the tech woes, Votation’s system blocked many Macintosh users from logging in. Voter access — not fraud — turned out to be the problem.

But I just want to point out that nonetheless, people keep trying to do it.

This entry has mostly been included as an appeal to the owners of election.com, who have yet to respond to my inquiries (and how many inquiries could you possibly get, really!) about the status of their business. Please email me.

(Please do not email me about blockchain, ever, at any time. Thank you.)

We were warned about hanging chads, my friends. Shout out to Roy Saltman, an American hero who we all ignored when he warned us about the danger of hanging chads — the undetached shard of paper in punch card voting — way back in the year 1988! That’s right, folks! 1988!

In a 132-page report that year, Saltman, who was working for the National Institute of Standards and Technology, wrote: “A partially removed chad may be pressed back into the card during the stacking of the cards in preparation for reading, or during the reading itself. If the chad is pressed back, no vote will be recorded for that location, even if it was the intention of the voter to cast that vote.” Can you hear 2000 sneakin’ right up on us?

But like many things, this had to explode in our faces Big Time for us to make changes.

In honor of Saltman, and others who tried to avert election meltdowns and bad practices, email me and tell me about the modern-day Cassandras issuing smart warnings today.

A heads up: As Jessica said, we’re taking time off for the July 4th holiday. We’ll be back in the office on July 10, and the newsletter will return on the 15th.

From Votebeat Texas: Texas fixes some obstacles to mail voting that dogged voters after 2021 restrictions

From Votebeat Arizona: As pressure mounts to fix Pinal’s problems, elections director resigns

From Votebeat Arizona: Arizona elections would have fewer rules under Secretary of State Adrian Fontes’ new manual

From Votebeat Pennsylvania: Philadelphia’s communities of color are disproportionately affected when mail ballots are rejected over small errors

From Votebeat Pennsylvania: Al Schmidt gets crucial approval to become next secretary of commonwealth

The Supreme Court released a long-awaited blockbuster election law decision in Moore v. Harper Tuesday, ruling 6-3 to reject the most extreme version of the so-called independent state legislature theory and find that state legislatures’ power over federal elections is not absolute, but subject to review by state courts. Chief Justice John Roberts, who wrote in the majority opinion, described such judicial review as “a fundamental principle.”

It largely preserves the status quo, though with some uncertain implications. The majority did find that federal courts can step in to review state courts’ decisions under certain circumstances, writing that “state courts may not transgress the ordinary bounds of judicial review.” That aspect of the decision prompted some election law experts, including Rick Hasen of the University of California, Los Angeles, to warn that it gives federal courts an opening to second-guess rulings by state courts, and could prompt a new rush of election litigation. Constitutional law expert Rick Pildes writes that the Supreme Court offered only vague guidance as to how federal courts should determine state courts have gone too far, leaving legal uncertainty.

Justice Clarence Thomas, writing critically in dissent, said cases “will arise haphazardly, in the midst of quickly evolving, politically charged controversies, and the winners of federal elections may be decided by a federal court’s expedited judgment that a state court exceeded ‘the bounds of ordinary judicial review’ in construing the state constitution.”

Want to read more? The Washington Post got reaction from a broad range of experts and advocates. The Wall Street Journal examines the potential consequences of the decision (and talks to John Eastman, among others).

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

https://www.votebeat.org/2023/7/3/23778372/hanging...

How election lies led to the real problems in Arizona voting

For the last few years, election administrators have been playing whack-a-mole with conspiracy theories: Give in to some so that you can get something (anything) done, and hope that more don’t fill the hole you’ve left.

Unfortunately, they always do.

So, I hope you’re ready for this wild ride of an example: We’re about to talk about paper thickness.

Remember Sharpiegate? Our Arizona reporter, Jen Fifield, has in many ways never stopped reporting on it.

What do I mean by that? Well, in 2020 Maricopa County had voters start using Sharpies, which dry very quickly, to fill out ballots. Handy! By happenstance, during that election they also used 80-pound instead of 100-pound ballot paper due to the supply chain crisis that swept the country during the pandemic. The pairing of the lighter-weight paper and the Sharpies meant markings bled through on lots of ballots.

Even though the selection bubbles on the ballots are offset from front to back, which means even the darkest bleed through would not have mattered for counting, conspiracy theorists screamed that their ballots were intentionally being invalidated. And, so, to appease those concerned about “Sharpiegate,” Maricopa County switched back to the 100-pound paper for 2022.

Totally unnecessary, sure, but what’s the harm?

Let me tell you.

“The combined effect of the heavy paper, longer ballot, and intermittent burst of print demand pushed the printers to perform at the very edge of or past their capability,” retired Arizona Supreme Court Justice Ruth McGregor, hired by Maricopa County to conduct a review of the issue, wrote in her report issued this week. The resulting printed ballots were slightly misprinted, one factor making it difficult for them to be read by the polling-place-based scanners. Chaos ensued. Kari Lake has made bizarre allegations.

If that sounds familiar, it’s because Jen reported basically the gist of what happened back in December.

In short, Maricopa County chose to solve what was essentially a fake problem, and, in so doing, caused a very real one. It is a story structure well known in the business of election reporting, because elections are complicated systems and changing something can create unintended consequences.

Consider, for example, the law in Texas aimed at assuaging conspiracists’ belief that election workers were changing the vote tallies. The law (inadvertently) demanded counties purchase imaginary machines. Legislation has now been introduced to fix a problem caused by the previous attempt at a solution.

In Maricopa, its problematic ballot printers had not been used for that purpose at that volume with that paper prior to that election, making it apparently impossible to know how dramatically a seemingly minor choice might affect the overall voting process. In Texas, the vote for imaginary machines passed by voice and without pushback because the language seemed so uncontroversial.

The tricky thing about elections is that they are built on a poorly balanced structure of old machines, nonsensical laws, and cynical politicians, and held together by creative and committed bureaucrats who are not paid nearly enough money to do this work. This is a particularly daunting set up when you consider that something as small as changing the weight of paper election-over-election might send the whole thing spinning for months on end.

We’ll keep showing up to cover these meltdowns. Can you see one coming where you are? Tell us about it.

Elections are, as stated above, a crazy mishmash of things added together to achieve a simple end. They are the bureaucratic Rube Goldberg machine. And in 2004, the team representing Purdue University’s Society of Manufacturing Engineers won the right to represent their university in a national Rube Goldberg competition after winning an election-themed preliminary contest. Contestants were to “create machines that would cast a ballot in a minimum of 20 steps using principles of engineering and physics.”

The winning team’s machine was hanging chad-themed, and used more than three times the required number of steps “to complete the task of selecting, marking and casting a paper ballot” by punching a hole through a selection, leaving a flap.

“We didn’t plan on having that many steps,” Andrew Nymeyer, a senior in the School of Technology and co-chair of the winning team told Purdue News. “A week ago, we only had about 30, but every time something didn’t work, we had to add a couple more to fix the problem. It got a little out of hand.”

Election administrators feel your pain, Andrew.

From Votebeat: These state officials praised ERIC for years before suddenly pulling out of the program

From Votebeat Arizona: “Past their capacity”: Independent review reveals why Maricopa County ballot printers failed on Election Day

From Votebeat Texas: Texas legislators pursue fix to costly law that requires nonexistent election equipment

You can hear Votebeat story editor Carrie Levine share her expert analysis and context on urgent issues in elections on the public radio show 1A last week. She was joined by UCLA law professor Rick Hasen and former Alabama Secretary of State John Merrill to talk about ERIC, harassment of election officials, records requests, and election funding shortage on the episode “Remaking America: Safeguarding free and fair elections ahead of 2024.”

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

'One of my top priorities': Republicans praised ERIC for years before suddenly pulling out of the program

When newly elected Florida Gov. Ron DeSantis kicked off a series of election security reforms in 2019, he said, “protecting the integrity of Florida’s elections” was one of his “top priorities.” In addition to giving $2 million to local election offices to shore up defenses and initiating a review of all 67 counties’ cyber practices, he also that year announced that Florida was joining the Electronic Registration Information Center — an obscure nonprofit that would help the massive state clean its voter roll and reach out to eligible but unregistered voters.

“We want to make sure that the voter rolls are accurate, and one of the best ways to do that, I think, is for Florida to join the Electronic Registration Information Center, known as ERIC,” DeSantis said at an August 2019 news conference.

So, starting the following year, Florida shared motor vehicle and voter registration data with ERIC. Using similar data from states across the country, ERIC produced a list of people who were registered in Florida but had moved, died, or otherwise rendered themselves ineligible to vote in the state. It also provided Florida with a list of people who were eligible to vote but had not registered.

The state received its first tranche of data from ERIC ahead of the 2020 election, using it to reach out to more than 2 million eligible but unregistered voters. DeSantis enjoys bragging that Republican registration caught up to Democrats for the very first time during his tenure. Then, in 2021, counties began to use ERIC data to remove thousands of registered voters who’d moved out of state or died.

In 2022, DeSantis announced an entire police force dedicated to solving election crimes. The newly-assembled squad told the media it received much of its information on double voting and ineligible registrations from ERIC. Last month, for example, a man in Pinellas County was arrested and charged with a felony for allegedly casting two ballots in the 2020 election after ERIC flagged him.

The same day the arrest was made, DeSantis announced Florida would leave the program.

Louisiana, Alabama, West Virginia, Missouri, and Ohio have also announced their exits, and Iowa’s secretary of state has said he’ll ask the Legislature to end the state’s participation. Texas is widely expected to be next in line. Like DeSantis, officials and Republican activists in each state had previously and recently praised the program.

DeSantis’s office didn’t respond to questions from Votebeat about the state’s sudden pivot, instead referring Votebeat to the Office of Secretary of State Cord Byrd. A spokesperson for Byrd responded with a link to an interview Byrd had given to One American News Network, a right-wing news outlet, about the decision to leave ERIC.

In the interview, Byrd said “nothing stops” Florida from continuing to share information with other states “who value voter integrity.” While it’s true Florida can continue to negotiate individual data-sharing agreements with each state in the country, experts widely agree there is no program as robust as ERIC. The office declined to comment further, and DeSantis’ office said it wouldn’t answer any questions.

“You will get whatever comment we decide to provide and nothing more,” wrote Jeremy Redfern, a DeSantis spokesperson.

The clearest explanation for these states’ reversal is the unrelenting campaign against ERIC, begun by a fringe publication, The Gateway Pundit, in early 2022. Louisiana was the first state to withdraw, shortly after the coverage began. Then, the storyline spun out.

“Last year The Gateway Pundit reported on the ERIC Systems in a series of articles and follow-up reports for over a year now,” Gateway Pundit founder Jim Hoft wrote last month. “These articles have gone viral and are being passed on to state officials.”

Across the country, local Republican groups began demanding answers about ERIC, and powerful local activists began to insist their elected officials leave the program. These demands have grown so loud that many who once sang the praises of ERIC can no longer resist turning on it.

For example, Judicial Watch, a conservative nonprofit, recently released a scathing notice calling ERIC “a syndicate founded by leftists.” They did so despite having previously agreed to a settlement in their lawsuit against the state of Kentucky over its bloated voter rolls in 2018 which required Kentucky to join ERIC.

“Dirty voting rolls can mean dirty elections, so it is essential that dead and long-gone voters be removed from voter registration lists,” said Judicial Watch President Tom Fitton in a press release after Kentucky announced it would remove thousands of people from the rolls, thanks to information it received from the program.

Missouri Secretary of State Jay Ashcroft routinely touted his outreach to unregistered but eligible voters, attributing the data to ERIC. “The benefits of ERIC include increasing the number of registered eligible voters and ensuring voters have a smooth process on election day,” he said in 2018. Still, last month he said he “came to the realization” that ERIC’s operations, including its focus on voter registration, raised concerns.

In an interview, Ashcroft acknowledged that ERIC helped his state clean its voter rolls, but said that his concerns about partisanship, the influence of non-voting board members, and concerns over what he characterized as insufficient data provided by the program.

He said he had “no idea” what Gateway Pundit had written last year about ERIC.

“I don’t tend to read Gateway Pundit,” he said.

Ashcroft has been interviewed by Gateway Pundit, and Gateway Pundit personally called for Ashcroft to leave ERIC, publishing letters from advocacy groups. The website, at least, believes its outreach worked.

“Our message is resonating,” reads an article published last month. “In early March, Missouri Secretary of State Jay Ashcroft notified The Gateway Pundit that Missouri was cutting ties with ERIC.”

Ashcroft confirmed to Votebeat he’d notified Gateway Pundit ahead even of notifying ERIC of his state’s departure. He nonetheless maintained that the publication had no influence on his decision.

West Virginia Secretary of State Mac Warner took to the media in 2018 to praise the “long overdue” cleaning of the state’s voter rolls — something only possible because of the state’s recent entry into ERIC. Since his decision to pull out of ERIC in March, Warner’s staff have privately expressed disbelief about the move to their counterparts in other states and have acknowledged there is no factual basis for the departure, three officials who have participated in the conversations confirmed to Votebeat.

Warner’s spokesperson, Landon Palmer, declined to comment on the nature of the disagreement between Warner and his staff.

Ohio Secretary of State Frank LaRose has repeatedly bragged about Ohio’s participation in ERIC, and has sent out multiple press releases announcing recommended prosecution for voter fraud based on data provided by the program.

“One of the big reasons voter fraud is so rare is because states are stepping up to enforce the law whenever it is broken,” he said in a 2019 recommendation that 18 voters in Ohio be prosecuted for voting twice — information obtained via ERIC.

LaRose ended Ohio’s participation only a month after telling NPR that ERIC was “one of the best” tools to fight voter fraud.

LaRose’s spokesperson, Rob Nichols, claimed LaRose had been unsatisfied and seeking change within ERIC for nearly nine months. None of the nearly two dozen people interviewed for this story remembered any advocacy by LaRose prior to this year. Despite Votebeat’s repeated requests, Nichols provided no documentation of the secretary’s months-long efforts, which he said had failed because “outside influences sabotaged our office’s efforts.”

Similarly, Iowa Secretary of State Paul Pate told NPR that ERIC was “a godsend.” In late 2019, he referred nine Iowa voters to county attorneys for prosecution for double voting, data his office had obtained from ERIC.

“One fraudulent vote is too many. It nullifies a legally cast vote,” Pate said then. “Iowans take the integrity of our elections very seriously and we will not stand for people trying to cheat the system.”

The calculus behind a stance against ERIC may be different for many of these officials in 2023. Ashcroft announced a bid to run for governor in Missouri last week. Warner is running for governor in West Virginia. LaRose is considering a bid for the U.S. Senate. And DeSantis is now widely considered a front-runner for the GOP presidential nomination.

Experts say the choice to leave will result in dirtier voter rolls in all of these states, something Republicans have so far treated as an anathema. It will also mean ERIC is less effective for the states that remain. Departing states will no longer share information with ERIC about people who move to or die in their states — an especially harmful step when taken by population centers such as Florida, a destination for retirees.

Officials from other member states who have participated in the tense meetings over ERIC’s future in the last month say that officials in every departing state privately acknowledge their voter rolls will suffer as a result. The increasingly uncomfortable politics of the thing, more than any specific policy difference, explains their departures, those remaining officials say.

At the last board meeting, on March 17, members voted on a collection of changes to ERIC’s bylaws that had been proposed by Republican states, led by Ohio’s LaRose. Among other things, he wanted to remove ex-officio members from the board and make ERIC’s requirement that states reach out to unregistered voters optional. Only his proposal about ex-officio members passed, and Ohio and Iowa announced their departures shortly afterward.

Those who voted against the changes were unapologetic and even angry at the states who’d made the requests.

“It’s like we had a gun to our head: do what our base wants because they believe lies, or we’re out,” said a person who attended the meeting and asked not to be named talking about the discussions, which are closed to the public. “It was like they just wanted us to bow down to the same people who’d threatened us, harassed us and made our lives hell for the last three years.”

Brad Raffensperger, Georgia’s secretary of state and a Republican, tried to bridge the divide between the two groups, offering a compromise measure he told Votebeat he hoped would “provide common ground in hopes we could keep as many states as possible.” That measure also failed.

Raffensperger, who has faced intense harassment and criticism since resisting former President Donald Trump’s demand to find him “more votes” in 2020, says he has no plans to leave ERIC. “The more Republican states you have in there, it’s more likely you have changes Republicans want. You have a seat at the table,” he said. “Their voter rolls won’t be as clean as Georgia’s.”

The day Ohio announced it would leave the program, Raffensperger tweeted a GIF of children’s character Spongebob Squarepants punching himself in the face. “States claim they want to combat illegal voting & clean voter rolls - but then leave the best & only group capable of detecting double voting across state lines, @ericstates_info,” he tweeted. The states who’d pulled out had “hurt their own state & others while undermining voter confidence.”

States departing ERIC have alleged ERIC has committed a series of offenses. Among the main charges: An early relationship with a nonprofit they accuse of being left leaning, alleged influence by a “hyperpartisan individual,” giving inappropriate access to voter data to other liberal activists, mass-registering voters across the country to the benefit of Democrats, and ERIC’s requirements that states do voter outreach as part of their participation.

But those objections — a mix of true and untrue claims — are all conveniently recent, even though little about the program has changed. Prior to Gateway Pundit’s coverage and the ensuing viral misinformation, ERIC’s origins were already known by member states and the public — at least, the members of the public who were interested in something so arcane. Requirements for voter outreach were widely popular, and ERIC’s bylaws spell out data access and security measures, none of which had previously been criticized by the conservative states eager to join the program.

ERIC was created in 2012 by the Pew Charitable Trusts — a nonpartisan nonprofit — which Gateway Pundit and others have falsely claimed is heavily funded by liberal mega donor George Soros. In reality, the Open Society Foundation, which Soros owns, gave a one-time contribution of half a million dollars to Pew for voting-rights work unrelated to ERIC that took place from 2009 to 2011. The sum makes up a small fraction of the more than $300 million a year Pew brings in annually.

Pew is no longer affiliated with ERIC, which became member-led shortly after it was launched with an initial seven states. It remains managed and funded directly by the member states that share data with it, though Pew provided a grant for technology upgrades in 2019.

Even states that have left the program while criticizing the affiliation and partisan lean had publicly acknowledged the affiliation for years.

An explanation of the program on the Missouri Secretary of State’s website, which as of this writing is still live, says ERIC was “formed in 2012 with assistance from The Pew Charitable Trusts.”

Rick Scott, who preceded DeSantis as governor of Florida and now represents the state in the Senate, resisted joining the program while in office as a result of the Pew connection. In 2019, after DeSantis announced Florida would join ERIC, Scott spokesperson Chris Hartline told Politico the former governor hadn’t done the same because he “did not believe it was right to share the personal information of every Florida voter with a liberal think tank.” It was the first time he’d offered an explanation, albeit a misleading one, of his resistance to the program, which he was repeatedly asked about by local media and election officials.

But aside from Scott’s relatively quiet objections, few others expressed alarm about ERIC’s early connection to Pew. Membership ticked up every year, with enrollment largely evenly split between red and blue states. Newspapers and community groups in states that hadn’t joined demanded to know why their state wasn’t dedicated to cleaning up the rolls.

“If Alabama can join such an endeavor, one using readily available technology to make voting easier, why can’t Kansas?” read a 2016 editorial from the Salina Journal.

Texas joined in 2020 after the Legislature funded the effort. A group of “Texas grassroots political leaders” wrote a letter in 2018 demanding the state join, citing a state law that requires participation in an interstate data exchange to clean voter rolls. “Based on information we’ve gathered, we have every reason to believe this law is being ignored by the Secretary of State’s Office,” they wrote. “If there are persons who are dually registered to vote in Texas and another state, and these persons have voted in Texas elections, this is just one more way our constitutionally guaranteed civil rights are being violated.”

Since its founding, ERIC says it has found nearly 11.5 million voters registered in more than one state.

Accusations around ERIC’s partisanship have largely centered on one man: David Becker, the founder and director of the Center for Election Innovation and Research. Becker helped create ERIC while he was with Pew, prior to starting CEIR, and until a few weeks ago was an ex-officio board member for ERIC.

In 2020, CEIR helped distribute millions of dollars to state elections offices that had been donated by Mark Zuckerberg, the founder of Facebook, and his wife, Priscilla Chan, to shore up local voting resources as a global pandemic raged.

Labeling the money “Zuckerbucks,” even mainstream Republicans falsely claimed the donations swung the election for Biden. A Federal Election Commission investigation would later conclude there was “no indication that [Chan and Zuckerberg] coordinated with any candidate or committee,” and the nonprofit that distributed the bulk of the money, the Center for Tech and Civic Life, said grants were awarded to every election jurisdiction that chose to apply.

Regardless, Gateway Pundit alleged that the affiliation between Becker and ERIC meant “left wing activists created ERIC to clean voter rolls their way, using their rules.” The publication also alleged Becker had personal access to the data ERIC held, and used it to register Democrats across the country.

Both ERIC and Becker say that’s not what happened.

They say CEIR received limited, largely anonymized data that specific states directed ERIC to send because they had joined a CEIR-led effort to test the effectiveness of the states’ voter outreach.

“CEIR signed an [non-disclosure agreement] with the states and gave them specific instructions to ensure that no sensitive data was included,” Becker said. “It’s important to note that this was all done with the consent and under the instructions of the states that chose to participate in the study, which we’re finalizing for release in the next few months.”

The states’ outreach to these voters — consistent with ERIC’s requirements — consisted of a postcard with instructions on how to register.

For his part, Shane Hamlin, executive director of ERIC, said that the data Becker received did not come directly from ERIC but from the member states themselves. “Only authorized ERIC employees have access to ERIC’s servers or the data on the servers,” he said. “This has always been the case.”

Neither Becker nor ERIC had direct access to voter roll management systems in any state, something that is routinely confirmed in state reports on ERIC and by ERIC itself, making it impossible for the program or Becker to directly add new voters to the rolls. While on the board, Becker had no vote over ERIC’s policies or direction, and could have been removed from his position at any time by member states.

Still, nearly every state that has exited has cited Becker — named or otherwise — as a reason.

Missouri’s Ashcroft, for example, said a “hyper-partisan individual” was serving as an ex-officio member of the board. Becker was the only such member. Similar concerns were articulated by Alabama, West Virginia, Ohio and Iowa.

In an interview, Ashcroft said he began expressing concerns about Becker as early as last summer, and had asked him to leave the board at that time but that Becker “became highly partisan, and refused to leave the board.”

Becker denies this.

“I haven’t spoken to Jay Ashcroft in years, if I’ve ever spoken to him at all. He has never tried to contact me. He never asked me to resign from the board,” he said. “If he wants to ever speak to me, even just to tell me to go to hell, I would welcome the conversation.”

Asked about Ashcroft’s concerns, ERIC board members from three states could not remember him participating in meetings about ERIC at all prior to Gateway Pundit’s coverage. No one recalled an effort to remove Becker from the board last summer. In his interview with Votebeat last week, Ashcroft insisted that the March 17 vote to remove ex-officio board members had failed. It had passed.

States that have left ERIC citing Becker’s involvement have previously contracted with CEIR and with Becker himself. The same states also scrambled to apply for the “Zuckerbucks” they now criticize: Florida received nearly $300,000. Missouri, Iowa, and Ohio each received more than $1 million.

CEIR released a letter in March signed by nearly 30 conservatives in support of Becker and detailed Becker’s bipartisanship. “He began working at the Department of Justice Voting Section in 1998, during the Clinton administration, and continued until 2005, working twice as long in the W. Bush administration,” they wrote, noting that the Bush DOJ had “awarded Becker the Civil Rights Division’s highest honor for a career attorney – the Special Commendation for Merit.”

The turbulence means an uncertain future for ERIC. At each point of the crisis, beginning with Louisiana’s pause in membership, those involved assumed the bleeding had stopped. At each point, they were incorrect.

Louisiana had been the first state to leave, shortly after the Gateway Pundit articles were published in January 2022. The office didn’t offer any specific reasoning for pausing and then withdrawing from the program, nor has it since. At the time, spokesman John Tobler would only tell Votebeat that “numerous” experts had expressed concerns over “election stuff.” He declined to name them, or detail their concerns.

“I am not at liberty to disclose that,” he said.

The decision seemed so abrupt and ill-informed that the election officials and experts who pay close attention largely assumed it was a one-off problem. But right-wing publications and activists praised Ardoin for his choice. “Louisiana is the first and only one yet to terminate its relationship with ERIC due to serious security concerns regarding ERIC’s management of voter registration information,” wrote the founder of Gateway Pundit in August 2022.

Gateway Pundit wouldn’t have to limit its praise for long.

Wes Allen, who was at the time running for secretary of state in Alabama to replace John Merrill, also a Republican, was campaigning on exiting the program. He was elected in November, and withdrew as one of his first acts in office.

Merrill has been vocally opposed to the move since Allen first announced his views, refuting the claims that have tainted ERIC’s reputation. “Nothing has ever happened. Nothing’s ever been documented. Only these failed claims that have been introduced without any empirical data to back it up whatsoever,” Merrill told Votebeat last month. “Why would you want to eliminate this? That tool has helped us be in a position to prosecute those people who have violated the trust and confidence of the process.”

Now that multiple other large, Republican-leaning states have joined Louisiana and Alabama, remaining participants are concerned that states will begin only sharing information with their politically like-minded counterparts — something that would make everyone’s voter rolls dirtier and yet another sign that even arcane aspects of election administration are now partisan.

“It’s not just red states we want to share this information with,” said Raffensperger. “I want to know that they’ve registered in what you’d call a blue state. The more member states, the better everyone’s data is going to be.”

He’s concerned that states that have yet to join ERIC may resist joining given the controversy, or because the program will become less valuable and may no longer be worth the hassle if more high-profile states exit.

California’s secretary of state’s office, which has been considering membership in ERIC for years, told Votebeat any decisions made “won’t be influenced by obvious disinformation. We’ll make our decision based on what’s best for California voters.”

In the meantime, states that have departed or are considering it have said they’ll seek an alternative to the program, so as to not sacrifice the cleanliness of rolls. Texas, for example, demoted its election director, Keith Ingram, and kept him on the state’s payroll to facilitate the creation of such an alternative. Experts widely agree this is a long shot.

“It’s self-defeating to leave ERIC,” said Steve Simon, secretary of state for Minnesota. “There is no current alternative to ERIC and there won’t be for a long time.”

Raffensperger said that, in theory, he’d be willing to join other programs in addition to ERIC, but “they aren’t available right now, and I’m living in the present,” he said. “You have to stand up for the truth, and you have to stand up for the facts. We are standing up for ERIC.”

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

It’s clearer than ever that Fox News stars lied about 2020 while local election officials told the truth

After a truly spicy filing this week by Dominion’s attorneys in its ongoing multi-million-dollar defamation lawsuit against Fox News, we know exactly how full-of-it the hosts and executives for that network were while they hurled nonsense about the 2020 election.

It’s a weird thing to know for an absolute fact that the people lying to you knew they were lying to you at the time they did the lying.

But there it is, the proof, in black and white. Still, it’s not particularly surprising, is it? Surely it makes more sense that Tucker Carlson and Laura Ingraham simply lied, rather than that they really did believe that stuff. Right?

And it’s not surprising specifically because while these people popped off on cable there was a group of hundreds of people telling us the truth about the election in real time: Local and state election officials. Even under wave after wave of scrutiny, their reassurances about the security and integrity of the 2020 election have been supported by the facts.

They don’t have the powerful reach of Fox News, but they have done some attention-grabbing stuff! Recall, for instance, Wisconsin Election Commission Administrator Meagan Wolfe refusing to step down after politicians baselessly demanded her resignation. Or Gabe Sterling, with the Georgia Secretary of State’s office, who loudly rejected Dominion conspiracies in the state and forcefully told reporters “someone is going to get killed.” Former Philadelphia Commissioner Al Schmidt vouched for the city’s election amid Twitter attacks from Trump and ultimately death threats — now he’s Pennsylvania’s acting secretary of state and received the Presidential Medal of Freedom.

Still, a tower of explicit evidence like Dominion’s filing drives the point home: Lying to viewers gave Fox News the power to outscream the truth coming from officials whose honest message doesn’t carry as far.

It’s startling to think about the amount of money that incentivizes such behavior. Tucker Carlson — who demanded a Trump-debunking reporter be fired because “it’s measurably hurting the company. The stock price is down.” — makes $10 million a year for the pleasure of standing before a camera and lying about the election to his viewers so they keep tuning in. Election administrators, who do not have the luxury of lying to their constituents in return for loyalty, could only dream of such resources.

Tucker Carlson’s annual salary would cover the salary of the Brewster County, Texas election administrator nearly 300 times over. Or, perhaps, the hourly salary of an elections worker in Buncombe County, N.C., for 171 years, accounting for 40 hour work weeks with holidays. While these are typical salary bands for elections administrators, we can also do the math on an administrator in a huge city with lots of experience requirements, just for fun. How about Washington, D.C.? Tucker Carlson’s salary for a year would pay for 83 registrars of voters at the highest end of the offered salary range.

Whatever punishment the court doles out will not come in the form of Fox News giving $10 million to county election officials so that they can work overtime to undo the damage Carlson and his co-workers have done. Perhaps that the court stands to do anything at all should be enough — it is rare that powerful media organizations that exaggerate and lie are held to account at all.

I know that journalists are usually unwilling to speculate about motivation, but in this very unique situation, we don’t have to speculate at all.

Nearly all of the major Fox News personalities who would routinely make absolutely bananas claims about Dominion privately admitted, at the same time, that they knew the claims to be false. Maria Bartiromo, who invited Sydney Powell onto her show to spout off conspiracy theories unchallenged (she rarely challenged anyone on this topic, in fact), privately called Powell’s claims “kooky” in the days after the 2020 election. Sean Hannity loved to say things on the air like “everyone agreed” that Dominion “sucked.” Apparently, everyone did not agree: He privately called Powell a “f**king lunatic” around the same time.

Ah, the legal process of discovery. It even provides us with a “why,” in this case, even if it’s gross: The people who make millions of dollars annually were concerned about ratings dipping as a result of Trump’s loss.

Even the individuals sending the texts in question openly commented on the irony of this public/private incongruence. In the days after Jan. 6, Rupert Murdoch texted Suzanne Scott — the CEO of Fox News, “All very well for Sean to tell you he was in despair about Trump but what did he tell his viewers?” The pair exchanged multiple texts over multiple weeks after the election about how “damaging” and “terrible” the claims from Trump’s team were — and by extension from their network hosts. Murdoch said that if Trump became a “sore loser,” they should make sure their hosts don’t follow suit.

Then, the reality of Fox News calling Arizona for Joe Biden set in. As the filings show, producers and hosts started fervently texting about dropping ratings and lost viewership as a result of the call. Scott openly complained about the damage done to “the brand” of Fox News. Scott, texting with Lachlan Murdoch, another Fox executive, said that Fox’s viewers were going through the “5 stages of grief” and had lost trust in the network. “The AZ [call] was damaging but we will highlight our stars and plant flags letting the viewers know we see them and hear them,” Scott wrote.

And so that motivation won out, even as other Murdoch properties — like the New York Post — ran editorials condemning the stolen election narrative. Dominion’s attorneys point out as much in their whopper of a filing, which asks the judge to rule in their favor immediately given how undisputed the facts are, as a whole. That’s unprecedented in a case like this, but legal experts think they might have the goods to pull it off.

It sounds sanctimonious out of context from the filing, but Dominion’s attorneys write, “Broadcasters make choices about what to air. While that platform comes with tremendous power, it also carries an obligation to tell the truth.”

They have a point, and plenty of journalists, including we at Votebeat, manage to walk that pretty thick line just fine every single day of the week. Telling the truth is much easier than learning the steps to the dance Sean Hannity has been choreographing in real time for the last two and a half years. I am tired just from watching him perform.

And, if journalists need some role models for truth telling, there are literally hundreds of county and state election officials to choose from.

As the residents of his Georgia hometown and beyond keep vigil for former President Jimmy Carter, it seems fitting to use this section to recall his careful attention to voting rights during his time in office but also (perhaps even more impactfully) after he left it.

The founding of the Carter Center in 1982 has made observing and promoting democratic processes a priority — essentially pioneering election observation in Africa, Latin America, and Asia. Now, four decades after its founding, the organization has established and is expanding to domestic nonpartisan observation of elections for the first time. The organization has also released extensive study on U.S.-based democracy concerns, including big tech’s impact on misinformation, keeping partisanship out of election administration, and lessons learned from election reform. During President Carter’s final days, it’s important to recognize that the work he began isn’t finished. Other defenders of U.S. democracy will have to carry on the task.

From Votebeat Pennsylvania: Unequal election policies disenfranchised some Pennsylvania voters in 2022. Explore what each county did.

From Votebeat Arizona: Election Integrity Unit’s latest pivot has both sides in Arizona questioning whether it should exist at all

From Votebeat Texas: Texas bill would make illegal voting a felony again, even if someone doesn’t know they’re ineligible to vote

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. A version of this post was originally distributed in Votebeat’s weekly newsletter.

The midterms ended in optimism — but threats to elections could affect voting in 2023 and beyond

2023 is upon us and, per page 10 of the Rulebook for Newsletters, we shall now reflect on 2022. It was a year that concluded on a high note after a peaceful election: Nearly all of the most ardent election conspiracy theorists on the ballot were rejected by voters, and will not take office in the new year. And Congress passed Electoral Count Act reform that would help prevent a future Jan. 6–style attempt at presidential election subversion.

That, in turn, has led to a cluster of cautiously optimistic think pieces wondering whether it may all have just been a passing threat. In fact, one friend at a recent holiday party asked me if I was “worried” about Votebeat’s fundraising prospects, given how emphatically all the people who wanted to undermine elections had lost their races.

At the risk of sounding like a self-serving contrarian, I’m not.

The 2022 midterm dealt a blow to the larger strategy pursued by former President Donald Trump and his followers. It may well have threatened whatever prospects he had to regain his party’s nomination for the presidency. But — as I’ve written and said repeatedly — the threat to local election offices posed by misinformation and entirely fabricated claims of fraudulent activity predated Trump. Those forces remain and have only grown in both their convictions and their financial resources.

In both Maricopa County, Ariz., and Harris County, Texas, solvable but highly visible election administration stumbles have led to extreme local controversy. Bright red counties continue to make strange choices that stand to disenfranchise their own party’s voters, like they did in Cochise County, Ariz. and in Otero County N.M. and are doing now in Lycoming County, Penn..

I said this to the Atlantic last month, when Elaine Godfrey asked me where Votebeat goes from here: “What I’ll be doing over the next two years is looking at these counties that have gone really hard to the right, because there’s no one to push back.”

A recent study by the Voter Study Group found two things: 1) The more rural the voter’s community was, the more likely they were to believe Trump won the 2020 election; 2) The redder their congressional district, the more likely they were to believe Trump won the 2020 election.

Essentially, many voters live in local, ideological echo chambers, where they don’t encounter the powerful facts that would challenge their views.

Votebeat is in a unique position to be able to actually cover that phenomenon and its implications. We didn’t vest all of the authority to cover “Democracy” in a single reporter based in D.C. or New York — we have reporters living and working in the states they cover, talking to local election officials every day and keeping tabs on extremely local policy changes. And because we value local coverage, we’re perfectly positioned to report on the potential interference and threats to elections this year.

Chad Lorenz, our editor in chief, has always said that 2022 was a scrimmage for Votebeat — not the championship. Our reporters covered 2022 with an eye towards the future, because we have known since we opened our (metaphorical) doors that this was a coverage area of durable importance. I think you’ll see our reporters’ depth of local understanding reflected in their 2023 outlooks below. Each is a preview of what they’re watching for and thinking about in their state, some of the big questions they’ll be exploring.

If you think we’ve missed something, or want to be helpful as we do this coverage, I hope you’ll reach out to me (or any of us).

Jen Fifield, Arizona

Arizona’s election system enters 2023 on more solid ground after surviving a year of challenges. But don’t expect tranquility.

Voters rejected Republican candidates for statewide office who made questioning the security and accuracy of our elections a central theme of their campaigns, placing Democrats in the three offices wielding the most power over elections. Governor-elect Katie Hobbs, Secretary of State-elect Adrian Fontes, and Attorney General-elect Kris Mayes (pending recount results) will be sworn in in January.

But the election results were close, and the electorate — along with its representatives — is as divided as ever. Republicans still control the state Legislature and the vast majority of counties, meaning the gulf between state and local leaders has grown.

Hobbs, Fontes, and Mayes will serve as a backstop against any attempts by county officials to disrupt elections and any effort from state lawmakers to dismantle the election system. With far-right Republican lawmakers in powerful positions in the Legislature, expect to see the most extreme proposals from 2022 revived this year, such as getting rid of early voting and eliminating machines used to count votes (especially after Maricopa County’s Election Day printer problems). Hobbs’ veto power is sure to come into play. And Fontes may find himself taking over for Hobbs in responding to challenges from Republican-led counties that tested the waters in 2022.

The question is whether there will be efforts to find a middle ground to introduce common-sense solutions to make elections better. Your guess is as good as ours, but I’ll be reporting on all of it.

Jen’s favorite story she wrote in 2022: Drop box watchers in Arizona connected to national effort from “2000 Mules” creators

Jen’s favorite non-Votebeat story of 2022: The election official who tried to prove “Stop the Steal”

Oralandar Brand-Williams, Michigan

Michigan has been among a handful of swing states whose elections have been under fire by conspiracy theorists. But in November’s election, Michigan residents voted in favor of Proposal 2, a series of measures aimed at adding ballot access guarantees to the state’s constitution.

In 2023, I’ll turn my attention to the ways Prop 2 will usher in changes for Michigan voters. For example, it provides nine days of early in-person voting, allowing voters to insert ballots into tabulators instead of the current option of submitting an absentee ballot at a clerk’s office. Prop 2 also constitutionally solidifies practices that have been around for years, such as being able to cast a ballot without identification.

Prop 2 passed by an overwhelming majority, closing off the possibility of restrictive measures pushed by Republican lawmakers. Now, state legislators and election officials must decide how best to put the changes in place and how to pay for them.

Oralandar’s favorite story she wrote in 2022: After tabulator breaches, here’s how Michigan is trying to ensure security of its voting systems

Oralandar’s favorite non-Votebeat story of 2022: “Prime instigator”: Michigan investigator links Trump-backed GOP AG candidate to voting breach

Carter Walker, Pennsylvania

Now that the midterms are over, I’m wondering what’s next for the movement in Pennsylvania that loudly promoted conspiracy theories about elections. These activists were so vocal throughout the year, but virtually fell off the map once votes were counted and their candidates lost. Their only substantial effort after Election Day, filing requests for recounts in precincts across the state, slowed down certification of the election but otherwise largely failed to achieve its aims.

So where does the movement go from here, if anywhere? I’ll be taking a look at how it all got started, where it is going, and why some extremists are now leaning more heavily into appeals to Christian nationalism — the idea that American identity is inextricably linked to Christianity.

Also, in the new legislative session, I will be watching for any bills that would reshape election laws here, keeping everyone updated on any significant changes ahead of the 2024 presidential election, while also reporting on how municipal and judicial elections are run in 2023.

Carter’s favorite story he wrote in 2022: Rejecting improperly dated ballots disproportionately impacts communities of color in Pennsylvania, data shows

Carter’s favorite non-Votebeat story of 2022: Philly elections officials adopted a last-minute change that will slow down the counting of votes

Natalia Contreras, Texas

This year, I watched election officials in Texas struggle to use limited resources while coping with new legal mandates and increased demands on their labor. It’s already clear 2023 will only bring more of that.

We’re already seeing election-related bills pre-filed ahead of the legislative session. Some of these want more election oversight. One bill prefiled in November would enable candidates, local political party leaders, polling place election workers, and “certain people supporting or opposing ballot measures to trigger investigations, audits, and civil penalties of election officials.” This would require election officials to provide a response to requestors seeking information for an investigation within 20 days. Officials would also have to respond to follow up requests within 10 days. Another pre-filed bill would assign law enforcement officers to investigate election violations and crimes.

But none of these bills yet include more money to help local election departments carry out the new requirements. If the Legislature won’t take steps to help fund elections, will Texas county commissioners —the people who decide how much money the county spends per year — take steps to prioritize funding election departments as much as public safety and first responders?

Election officials are already near their limits, under pressure from two years of questions and allegations from a burgeoning number of election fraud activist groups and some lawmakers who question the security of elections in our state. Local election offices are flooded with public records requests from election skeptics. Some county election departments have had to create new, full-time positions to meet the demand.

SB 1 — a 2021 statute that overhauled voting in Texas by adding new requirements — went into effect this past election year. Among other things, it required counties with more than 100,000 residents to have law enforcement present on election night and to livestream the counting of votes.

Requirements like that cost counties money, and so far, no one is paying the bill. Will it be different in 2023?

Natalia’s favorite story she wrote in 2022: What brought down one Texas county’s entire elections department? It was something in the water.

Natalia’s favorite non-Votebeat story of 2022: Magazona

Carrie Levine, story editor

Since 2020, judge after judge has rejected unfounded election conspiracy theories. Then, in November, it was voters’ turn. Media coverage and watchdogs made it clear democracy was on the ballot, and voters cast most high-profile promoters of baseless accusations to the curb in an election that was thankfully free of violence.

So what am I watching? Where conspiracy theorists’ attempts to manipulate elections goes next, because it almost certainly isn’t over.

Polls show Democrats and independents have more faith in elections after the midterms, but there’s still a significant partisan gap. Candidates who promoted baseless untruths about elections, like gubernatorial candidates Kari Lake in Arizona and Doug Mastriano in Pennsylvania, lost, but millions of people voted for them. And Americans with doubts about the integrity of their elections are still following a carefully crafted playbook, besieging local election officials with requests meant to supercharge research efforts designed to fuel doubts and delays. Where will this movement go between now and the 2024 election? It’s impossible to say for sure, but I’ll be monitoring whether local officials in red counties continue to test the limits of their authority over elections, for one thing.

Chad Lorenz, editor-in-chief, and Lauren Aguirre, engagement editor

As you can see from our staffers’ outlooks, Votebeat’s coverage didn’t end on Election Day. In some ways, that’s when our most important work started.

The most alarming threats to voting may have been averted in 2022, but that doesn’t mean America has resolved its election crisis. The next attacks on elections appear to be more subtle and local — if the last two months of post-election disputes have shown us anything — and will continue to erode trust through baseless criticisms and misinformation. We’ll be monitoring the power and sustainability of those attacks between now and Nov. 5, 2024 (and probably beyond).

We also know the year between federal elections is an important transitional phase for policy. It’s a quiet time for elections only if you think elections just spontaneously happen every other November. All across the country, this year’s debates and decisions about election laws and funding will affect voters and administrators next year. Votebeat will keep pursuing our mission of producing journalism that strengthens elections by identifying problems and driving the conversations toward solutions. Even in an America where elections are not under partisan and extremist attacks, there’s a need for constant reporting about making voting fairer and more accessible.

That work involves you, too. We want to know: What election journalism is most valuable to you now? What questions do you have about voting and election administration? What else would you like Votebeat to cover or focus on this year?

Please reply to this email with your thoughts and feedback — whether you think there’s something else we should pay attention to or you’re very excited about one topic in particular.

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessia at jhuseman@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

Arizona recount uncovers several ballot-counting errors in Pinal County

The final recount results released Thursday in the Arizona attorney general’s race — which shrank to a razor-thin margin of 280 votes and confirmed Democrat Kris Mayes’ victory — show that ballot-counting errors in Pinal County were largely responsible for the shift.

Pinal County, which has been plagued with election problems for the past year, included 507 more votes in its recount total than in its original canvass. Of those, 392 were cast for Republican Abe Hamadeh and 115 were cast for Mayes. Nearly all inconsistencies were the result of mistakes made by election officials: misfiled provisional ballots, poorly trained poll workers, and improper tabulation were to blame, according to a report from the county.

Charles Stewart, a professor of political science at MIT who studies elections, said that while it is normal for counties to see small changes in the results (“ones and twos”) because “people make different judgements than machines,” Pinal’s results suggest a larger problem. “When you get numbers in the dozens or hundreds, that tells me there was something wrong with the management of the original election, for sure.”

Pinal County has experienced tremendous turnover of its election staff in the past year. This summer, the elections director was fired after only a few months on the job for botching the county’s primary. As a result, the county hired outgoing Recorder Virginia Ross, who’d previously managed elections in the county, to oversee the general election. They paid her $200,000 for the job, which ended in early December, after the original canvass but before the start of the recount.

The office is now run by Geraldine Roll, previously deputy county attorney in Pinal, who has not responded to requests for an interview. Roll worked closely with the state during the recount process, realizing early on that there were multiple and varied errors in precincts across the county. All errors, as described in an eight-page summary released by the county, appear to be related to insufficient poll worker and employee training and management.

“We conclude that human error was the cause of our election day miscounts,” the report said, offering multiple examples of poll workers failing to follow correct procedures during both voting and tabulation, leading to uncounted or miscounted votes. For instance, “It seems clear that a stack of ballots from Precinct 68 was not scanned. Again, human error.”

In another, the report explains that 63 Election Day ballots with unclear markings by voters were overlooked. Because of an incorrect tabulator setting, they were scanned but not set aside to be adjudicated — examined to determine the voter’s intent. When officials discovered the ballots during the recount, a bipartisan board adjudicated them, copied votes onto new ballots, and correctly counted them. “The result was that even in precincts where there were no differences in Election Day ballots cast and recount ballots cast, candidates did pick up votes,” the report explained.

Pinal’s recount results come at a time when counties across the country, and especially Arizona, are facing pressure from conservative activists calling for officials to reject election results due to vague — and often false — claims of malfeasance. Election offices across Arizona have been bombarded with public records requests by hundreds of activists, overrunning their staff with tedious and often pointless work.

In Pinal County, voters have pelted local officials with a slew of conspiracy-laden accusations. The county’s sheriff, Mark Lamb, has been among the nation’s most vocal proponents of law enforcement officers involving themselves in election administration. And, of course, Pinal County was operating with brand-new staff and a director who’d publicly said she would not remain in office past early December.

A similar situation played out in 2020 in Coffee County, Georgia, which stumbled through a recount process while management faltered. Ultimately, the Georgia Secretary of State opened an investigation into the county and the director resigned to avoid being fired.

Tammy Patrick, CEO for programs of the Election Center at the National Association of Election Officials, formerly ran elections in Maricopa County. In counties that experience such election management problems, poll workers and tabulators may “create their own solution to a problem, election professionals might be rushed in their work, contingency plans might not be followed,” she said. “These concerns might impact the margin of victory, but rarely impact the outcome of the election and ultimate victor.”

In the last two decades, recounts have overturned results from only three races out of 6,000 statewide elections, though the margin between Hamadeh and Mayes is among the closest races in the state’s history.

Recount results in two other counties — Apache and La Paz — also contributed to the shrinking margin, though both counties found far smaller changes in vote totals than Pinal did. Of the 72 votes added to Apache’s total, 13 went to Hamadeh and 59 went to Mayes. Of 18 votes added to the total in La Paz, 13 went for Hamadeh and 5 to Mayes.

Deb Otis, research director at FairVote — a nonprofit that advocates for electoral reforms — said that it is normal for counties to have around a 0.1% vote increase from the original tally during the recount. Using county-level data released by the state, Votebeat determined Pinal’s increase in the attorney general’s race was 0.36%, La Paz’s was 0.33%, and Apache’s was 0.27%.

The discrepancies in all other Arizona counties, as a percentage of their total votes, were nearly zero percent. Maricopa County, with its 1.5 million votes cast in the race, found a discrepancy of five votes for each candidate, for a net change of zero in the margin.

FairVote’s research shows that around only 14 percent of statewide recounts performed nationally vary by 0.27% or more.

Neither La Paz nor Apache county responded to interview requests, though all counties submitted variance reports to the secretary of state explaining the inconsistencies between the recount and the original canvas.

In an interview with Votebeat, State Elections Director Kori Lorick said La Paz County’s 17-vote disparity was a result of the failure to save the results of a batch of ballots counted during the initial tabulation. In Apache County, 72 ballots across two batches were not scanned. As in Pinal, all were human errors, though both represented less extensive failures of election administration than the list of missteps described in Pinal County’s report.

This is Lorick’s last week in her position before the new secretary of state, Adrian Fontes, a Democrat, arrives with his own staff. She said her recommendation will be to better train officials around the state in how to perform reconciliation, a process that checks each precinct’s results to ensure that all ballots are accounted for properly. While state guidelines recommend the practice, it is not required in Arizona. Large counties, like Maricopa, perform reconciliation as a matter of course, while smaller counties have inconsistent procedures, resulting in the types of errors uncovered by the recount.

“That’s the learning lesson. We need to make certain that reconciliation procedures are solidified across all of the counties,” Lorick said. While the state provides training on reconciliation best practices, the secretary of state’s office does not have the authority to require counties to take it.

Regardless, Lorick said, Arizona’s heavy turnover of election workers makes it clear that the state needs to “beef up” its current one-day training session. “La Paz’s director was new. Pinal’s entire team is new. We have a lot of turnover, and the smartest move going forward is to make sure they have those procedures in place.”

Pinal County was the last county to submit recount results to the state, forcing the secretary of state’s office to delay presenting final numbers by a week as the county toiled through reconciliation procedures to complete the recount under a brand-new elections director.

Before the recount, Roll was publicly optimistic, predicting the recount would take only “a couple of days” and that little was likely to change. One early December headline that didn’t hold up: “Pinal officials say recount should be quick and smooth.”

Votebeat Arizona reporter Jen Fifield and story editor Carrie Levine contributed to this report.

Chalkbeat is a nonprofit news site covering educational change in public schools.