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Election Workers Face an Obstacle Course to Reach the Midterms

WASHINGTON — In Las Cruces, N.M., self-styled fraud investigators have deluged election officials with open-records demands for office email, images of all 130,000 ballots cast in 2020 and digital records that lay out what votes were cast at every polling place.

In Tioga County, Pa., fliers hung on doorknobs urge voters to delay going to polling places until minutes before they close, potentially snarling election-night reporting of results.

And in Nye County, Nev., where an election denier is overseeing the next election, officials are recruiting volunteers to hand-count thousands of ballots after the county commission did away with electronic voting machines.

With just five weeks left until Election Day on Nov. 8, a drumbeat of lawsuits, harassment, calls to change balloting procedures and demands for reams of election records — driven by people who mistrust or outright reject the idea that elections are fair — are adding to pressures on election officials just as work in advance of the vote is peaking.

The problems reflect fears for the November vote and concerns that the demands on voting oversight will further deplete an election infrastructure already pushed to the breaking point — with the 2024 presidential election looming beyond the midterms.

“The exhaustion is real for election officials,” Lawrence Norden, the senior director of the elections and government program at the Brennan Center for Justice at New York University, said in an interview. He added: “The partisanship and polarization around elections — and election officials themselves — is a strain and a threat to our elections.”

Mr. Norden said the pressures on election offices are compounded by a falloff in the federal aid and cybersecurity assistance that poured into the 2020 election. “I’m not so worried for the near term,” he said, “but I am for the long term.”

John Locher/Associated Press

Consider Lycoming County, Pa., home to the city of Williamsport and some 71,000 predominantly Republican voters. Election critics are in court there, demanding a voluminous record of the county’s 2020 vote. Last month the county board of commissioners approved, then scrapped, a referendum on the November ballot over abolishing electronic voting systems in favor of hand-counting ballots. That referendum, too, had been pushed by election skeptics and deniers. Another records request asked for the names and jobs of the county’s 400 poll workers.

“How is the November midterm election the third or fourth thing on my radar?” the county’s director of elections and registration, Forrest K. Lehman, asked. “It should be number one.”

Perhaps the most pressing problem nationwide is a barrage of requests for election records, from photocopies of ballots to images of absentee ballot envelopes and applications.

The county clerk in Winnebago County, Wis., Sue Ertmer, said she fielded some 120 demands for records in only a couple of weeks last month. “When you get those types of requests, it gets a little hard to get a lot of other things done,” she said. “It’s a little overwhelming.”

Amy Cohen, the executive director of the National Association of State Election Directors, said the barrage of records requests had hit red and blue counties alike. “Election officials don’t wake up on Election Day or the day before and decide to put on an election,” she said. “Running an election takes weeks of preparation.”

The requests come from a variety of sources, but a number of election officials noted that Mike Lindell, the pillow salesman and purveyor of conspiracy theories about the 2020 vote, has encouraged supporters to submit them. Election deniers offered instructions on filing records requests at a seminar hosted by Mr. Lindell in Springfield, Mo., in August.

In a telephone interview, Mr. Lindell said providing information to the public was an important part of the job of election workers. He added that local supporters had sent him digital recreations of the ballot choices of every voter, commonly called cast vote records, from more than a thousand election jurisdictions. Mr. Lindell said the records support his theory that balloting has been manipulated nationwide, although election experts repeatedly have debunked such claims.

“That’s why we can’t have machines used in future elections,” he said. “Any election in the United States going forward, we need to get rid of them.”

In Doña Ana County, N.M., which includes Las Cruces, the state’s second-largest city, the county elections staff member in charge of processing open records requests quit this year, in part because of the workload, said Amanda López Askin, the county clerk.

Paul Ratje/Reuters

“They demand and accuse, and then they leave you with a year’s worth of work,” she said. “In some cases you have to redact information manually, and you have 80,000 pieces of paper” that must be edited to remove protected data.

Some of the records requests seem to have been coordinated by nationwide groups of election deniers.

In Pennsylvania, lawsuits in two counties seek to force election officials to turn over cast vote records that state officials say are exempt from disclosure. Both suits are being backed by the Thomas More Society, a Chicago-based conservative law firm that also filed suits seeking to overturn President Biden’s 2020 election victory.

The demand for documents comes atop a host of other issues that were already plaguing preparations for November.

In a reprise of 2020 pre-election tactics, activist groups promoting the baseless notion of widespread voter fraud are trying to invalidate tens of thousands of voter registrations, mostly in Democratic areas. Most of the challenges have failed.

Election administrators in a number of states are rushing to adapt to new rules laid down in recent court cases and laws, some of which would impose harsh penalties for making administrative decisions on balloting matters that long had been seen as matters of discretion. Wisconsin officials, for example, have been barred by a court ruling from contacting would-be voters to correct minor mistakes or omissions in absentee ballots; instead, the ballots must be returned.

Election offices in many jurisdictions are being threatened with lawsuits by election-denial groups, or simply being threatened by angry constituents. Meetings of election boards and county commissions have become forums for campaigns to abandon electronic voting machines or rehash fraud claims from 2020.

In a handful of places, campaigns have succeeded. In sprawling Nye County, Nev., where some 33,000 voters are sprinkled over an area nearly as big as two Vermonts, County Clerk Mark F. Kampf — who has said he believes Donald J. Trump won in 2020 — is soliciting volunteers to hand-count ballots in November. County commissioners voted in March to stop using voting machines made by Dominion Voting Systems, apparently responding to the debunked conspiracy theory that the machines were rigged to favor Mr. Biden in 2020.

Mr. Kampf did not respond to repeated requests for an interview.

In Tioga County, Pa., the only snag in election plans is the door-to-door campaign by an election-denial group and watchdog, Audit the Vote PA, to persuade voters to line up at polling stations as they are about to close.

Kriston Jae Bethel for The New York Times

Toni Schuppe, identified as the group’s founder, turned down an interview request, and the county elections director, Penny Whipple, declined to speak on the record. Others said the campaign appears to stem from a conspiracy theory that voting machines are rigged to add bogus Democratic votes throughout the day, and that a last-minute fusillade of votes would thwart that scheme.

The only real effect, however, would be to delay the reporting of election results, said Mr. Lehman of Lycoming County, which abuts Tioga. “To get a lot of people showing up at 7:45 p.m. in the dark, in the cold of November, and then have delays at all your precincts — that would be a recipe for chaos,” he said.

The stress, and the added workload posed by the growing nationwide trend toward voting by mail, are taking a toll. In Kentucky, more than one in five of the state’s 120 county clerks are not seeking re-election in November, and six have quit outright this year, the state’s top election official, Secretary of State Michael Adams, said.

Ms. Ertmer, the Winnebago County clerk, said turnover also has been unusually high in Wisconsin, both among county clerks and municipal clerks who perform most election duties. “I’m going to retire next year,” she said. “I would have continued if the atmosphere was different. I love my job, and the people I work with. But enough is enough.”

And in Washoe County, Nev., home to Reno, county officials made it official policy to give legal and public relations help to government officials who are harassed or smeared after the registrar of voters, Deanna Spikula, announced her resignation in June.

All that said, Mr. Adams, Ms. Ertmer and other officials said they planned to be ready when voting begins. Mr. Adams even expressed guarded optimism that the wave of activity by election deniers had crested: “The My Pillow guy did his thing on me a week ago, and I thought I’d get thousands of records requests,” he said, referring to Mr. Lindell. “But I got very little.”

Some officials, like Anthony W. Perlatti, the director of the Cuyahoga County Board of Elections in Ohio, said they had learned lessons in 2020 that will help in 2022.

And Nichole Baldwin, the clerk and registrar of voters in tiny White Pine County, Nev., said she was unfazed by the records requests. “They’re all asking for the same thing: cast vote records,” she said. “I have them on a flash drive, and I’m sending them out as they come in. No big deal.”

Indeed, the greatest worry for many was the prospect of the unexpected.

Kaitlyn Bernarde, the city clerk in Wausau, Wis., said she was reviewing her emergency management plan, with guidelines for handling aggressive voters and rules governing the conduct of observers inside polling places.

In April, she said, primary elections in Wausau went swimmingly. She added: “I anticipate it won’t be as easy in November.”


Source: Elections - nytimes.com


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