Elections

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In an internal memo, Facebook defended itself and said that social media was not a primary cause of polarization.SAN FRANCISCO — Facebook, which has been under fire from a former employee who has revealed that the social network knew of many of the harms it was causing, was bracing for new accusations over the weekend from the whistle-blower and said in a memo that it was preparing to mount a vigorous defense.The whistle-blower, whose identity has not been publicly disclosed, planned to accuse the company of relaxing its security safeguards for the 2020 election too soon after Election Day, which then led it to be used in the storming of the U.S. Capitol on Jan. 6, according to the internal memo obtained by The New York Times. The whistle-blower planned to discuss the allegations on “60 Minutes” on Sunday, the memo said, and was also set to say that Facebook had contributed to political polarization in the United States.The 1,500-word memo, written by Nick Clegg, Facebook’s vice president of policy and global affairs, was sent on Friday to employees to pre-empt the whistle-blower’s interview. Mr. Clegg pushed back strongly on what he said were the coming accusations, calling them “misleading.” “60 Minutes” published a teaser of the interview in advance of its segment on Sunday.“Social media has had a big impact on society in recent years, and Facebook is often a place where much of this debate plays out,” he wrote. “But what evidence there is simply does not support the idea that Facebook, or social media more generally, is the primary cause of polarization.”Facebook has been in an uproar for weeks because of the whistle-blower, who has shared thousands of pages of company documents with lawmakers and The Wall Street Journal. The Journal has published a series of articles based on the documents, which show that Facebook knew how its apps and services could cause harm, including worsening body image issues among teenage girls using Instagram.Facebook has since scrambled to contain the fallout, as lawmakers, regulators and the public have said the company needs to account for the revelations. On Monday, Facebook paused the development of an Instagram service for children ages 13 and under. Its global head of safety, Antigone Davis, also testified on Thursday as irate lawmakers questioned her about the effects of Facebook and Instagram on young users.A Facebook spokesman declined to comment. A spokesman for “60 Minutes” did not immediately respond to a request for comment.Inside Facebook, executives including Mr. Clegg and the “Strategic Response” teams have called a series of emergency meetings to try to extinguish some of the outrage. Mark Zuckerberg, Facebook’s chief executive, and Sheryl Sandberg, the chief operating officer, have been briefed on the responses and have approved them, but have remained behind the scenes to distance themselves from the negative press, people with knowledge of the company have said.The firestorm is far from over. Facebook anticipated more allegations during the whistle-blower’s “60 Minutes” interview, according to the memo. The whistle-blower, who plans to reveal her identity during the interview, was set to say that Facebook had turned off some of its safety measures around the election — such as limits on live video — too soon after Election Day, the memo said. That allowed for misinformation to flood the platform and for groups to congregate online and plan the Jan. 6 storming of the Capitol building.Mr. Clegg said that was an inaccurate view and cited many of the safeguards and security mechanisms that Facebook had built over the past five years. He said the company had removed millions of groups such as the Proud Boys and others related to causes like the conspiracy theory QAnon and #StopTheSteal election fraud claims.The whistle-blower was also set to claim that many of Facebook’s problems stemmed from changes in the News Feed in 2018, the memo said. That was when the social network tweaked its algorithm to emphasize what it called Meaningful Social Interactions, or MSI, which prioritized posts from users’ friends and family and de-emphasized posts from publishers and brands.The goal was to make sure that Facebook’s products were “not just fun, but are good for people,” Mr. Zuckerberg said in an interview about the change at the time.But according to Friday’s memo, the whistle-blower would say that the change contributed to even more polarization among Facebook’s users. The whistle-blower was also set to say that Facebook then reaped record profits as its users flocked to the divisive content, the memo said.Mr. Clegg warned that the period ahead could be difficult for employees who might face questions from friends and family about Facebook’s role in the world. But he said that societal problems and political polarization have long predated the company and the advent of social networks in general.“The simple fact remains that changes to algorithmic ranking systems on one social media platform cannot explain wider societal polarization,” he wrote. “Indeed, polarizing content and misinformation are also present on platforms that have no algorithmic ranking whatsoever, including private messaging apps like iMessage and WhatsApp.”Mr. Clegg, who is scheduled to appear on the CNN program “Reliable Sources” on Sunday morning, also tried to relay an upbeat note to employees.“We will continue to face scrutiny — some of it fair and some of it unfair,” he said in the memo. “But we should also continue to hold our heads up high.”Here is Mr. Clegg’s memo in full:OUR POSITION ON POLARIZATION AND ELECTIONSYou will have seen the series of articles about us published in the Wall Street Journal in recent days, and the public interest it has provoked. This Sunday night, the ex-employee who leaked internal company material to the Journal will appear in a segment on 60 Minutes on CBS. We understand the piece is likely to assert that we contribute to polarization in the United States, and suggest that the extraordinary steps we took for the 2020 elections were relaxed too soon and contributed to the horrific events of January 6th in the Capitol.I know some of you – especially those of you in the US – are going to get questions from friends and family about these things so I wanted to take a moment as we head into the weekend to provide what I hope is some useful context on our work in these crucial areas.Facebook and PolarizationPeople are understandably anxious about the divisions in society and looking for answers and ways to fix the problems. Social media has had a big impact on society in recent years, and Facebook is often a place where much of this debate plays out. So it’s natural for people to ask whether it is part of the problem. But the idea that Facebook is the chief cause of polarization isn’t supported by the facts – as Chris and Pratiti set out in their note on the issue earlier this year.The rise of polarization has been the subject of swathes of serious academic research in recent years. In truth, there isn’t a great deal of consensus. But what evidence there is simply does not support the idea that Facebook, or social media more generally, is the primary cause of polarization.The increase in political polarization in the US pre-dates social media by several decades. If it were true that Facebook is the chief cause of polarization, we would expect to see it going up wherever Facebook is popular. It isn’t. In fact, polarization has gone down in a number of countries with high social media use at the same time that it has risen in the US.Specifically, we expect the reporting to suggest that a change to Facebook’s News Feed ranking algorithm was responsible for elevating polarizing content on the platform. In January 2018, we made ranking changes to promote Meaningful Social Interactions (MSI) – so that you would see more content from friends, family and groups you are part of in your News Feed. This change was heavily driven by internal and external research that showed that meaningful engagement with friends and family on our platform was better for people’s wellbeing, and we further refined and improved it over time as we do with all ranking metrics.Of course, everyone has a rogue uncle or an old school classmate who holds strong or extreme views we disagree with – that’s life – and the change meant you are more likely to come across their posts too. Even so, we’ve developed industry-leading tools to remove hateful content and reduce the distribution of problematic content. As a result, the prevalence of hate speech on our platform is now down to about 0.05%.But the simple fact remains that changes to algorithmic ranking systems on one social media platform cannot explain wider societal polarization. Indeed, polarizing content and misinformation are also present on platforms that have no algorithmic ranking whatsoever, including private messaging apps like iMessage and WhatsApp.Elections and DemocracyThere’s perhaps no other topic that we’ve been more vocal about as a company than on our work to dramatically change the way we approach elections. Starting in 2017, we began building new defenses, bringing in new expertise, and strengthening our policies to prevent interference. Today, we have more than 40,000 people across the company working on safety and security.Since 2017, we have disrupted and removed more than 150 covert influence operations, including ahead of major democratic elections. In 2020 alone, we removed more than 5 billion fake accounts — identifying almost all of them before anyone flagged them to us. And, from March to Election Day, we removed more than 265,000 pieces of Facebook and Instagram content in the US for violating our voter interference policies.Given the extraordinary circumstances of holding a contentious election in a pandemic, we implemented so called “break glass” measures – and spoke publicly about them – before and after Election Day to respond to specific and unusual signals we were seeing on our platform and to keep potentially violating content from spreading before our content reviewers could assess it against our policies.These measures were not without trade-offs – they’re blunt instruments designed to deal with specific crisis scenarios. It’s like shutting down an entire town’s roads and highways in response to a temporary threat that may be lurking somewhere in a particular neighborhood. In implementing them, we know we impacted significant amounts of content that did not violate our rules to prioritize people’s safety during a period of extreme uncertainty. For example, we limited the distribution of live videos that our systems predicted may relate to the election. That was an extreme step that helped prevent potentially violating content from going viral, but it also impacted a lot of entirely normal and reasonable content, including some that had nothing to do with the election. We wouldn’t take this kind of crude, catch-all measure in normal circumstances, but these weren’t normal circumstances.We only rolled back these emergency measures – based on careful data-driven analysis – when we saw a return to more normal conditions. We left some of them on for a longer period of time through February this year and others, like not recommending civic, political or new Groups, we have decided to retain permanently.Fighting Hate Groups and other Dangerous OrganizationsI want to be absolutely clear: we work to limit, not expand hate speech, and we have clear policies prohibiting content that incites violence. We do not profit from polarization, in fact, just the opposite. We do not allow dangerous organizations, including militarized social movements or violence-inducing conspiracy networks, to organize on our platforms. And we remove content that praises or supports hate groups, terrorist organizations and criminal groups.We’ve been more aggressive than any other internet company in combating harmful content, including content that sought to delegitimize the election. But our work to crack down on these hate groups was years in the making. We took down tens of thousands of QAnon pages, groups and accounts from our apps, removed the original #StopTheSteal Group, and removed references to Stop the Steal in the run up to the inauguration. In 2020 alone, we removed more than 30 million pieces of content violating our policies regarding terrorism and more than 19 million pieces of content violating our policies around organized hate in 2020. We designated the Proud Boys as a hate organization in 2018 and we continue to remove praise, support, and representation of them. Between August last year and January 12 this year, we identified nearly 900 militia organizations under our Dangerous Organizations and Individuals policy and removed thousands of Pages, groups, events, Facebook profiles and Instagram accounts associated with these groups.This work will never be complete. There will always be new threats and new problems to address, in the US and around the world. That’s why we remain vigilant and alert – and will always have to.That is also why the suggestion that is sometimes made that the violent insurrection on January 6 would not have occurred if it was not for social media is so misleading. To be clear, the responsibility for those events rests squarely with the perpetrators of the violence, and those in politics and elsewhere who actively encouraged them. Mature democracies in which social media use is widespread hold elections all the time – for instance Germany’s election last week – without the disfiguring presence of violence. We actively share with Law Enforcement material that we can find on our services related to these traumatic events. But reducing the complex reasons for polarization in America – or the insurrection specifically – to a technological explanation is woefully simplistic.We will continue to face scrutiny – some of it fair and some of it unfair. We’ll continue to be asked difficult questions. And many people will continue to be skeptical of our motives. That’s what comes with being part of a company that has a significant impact in the world. We need to be humble enough to accept criticism when it is fair, and to make changes where they are justified. We aren’t perfect and we don’t have all the answers. That’s why we do the sort of research that has been the subject of these stories in the first place. And we’ll keep looking for ways to respond to the feedback we hear from our users, including testing ways to make sure political content doesn’t take over their News Feeds.But we should also continue to hold our heads up high. You and your teams do incredible work. Our tools and products have a hugely positive impact on the world and in people’s lives. And you have every reason to be proud of that work. More

John Eastman was a little-known but respected conservative lawyer. Then he became influential with Donald Trump — and counseled him on how to retain power after losing the election.John Eastman’s path from little-known academic to one of the most influential voices in Donald J. Trump’s ear in the final days of his presidency began in mid-2019 on Mr. Trump’s favorite platform: television.Mr. Trump, who had never met Mr. Eastman, saw him on the Fox News talk show of the far-right commentator Mark Levin railing against the Russia investigation. Within two months, Mr. Eastman was sitting in the Oval Office for an hourlong meeting.Soon, Mr. Eastman was meeting face to face at Mr. Trump’s urging with the attorney general, William P. Barr, and telling him how Mr. Trump could unilaterally impose limits on birthright citizenship.Then, after the November election, Mr. Eastman wrote the memo for which he is now best known, laying out steps that Vice President Mike Pence could take to keep Mr. Trump in power — measures Democrats and anti-Trump Republicans have likened to a blueprint for a coup.Mr. Eastman’s memo is among the most alarming of the continuing revelations about the last stages of Mr. Trump’s time in the White House, when he was prompting the Justice Department to find ways to reverse his loss in the election and his top general was worried about the nuclear chain of command.Mr. Eastman’s rise within Mr. Trump’s inner circle in the chaotic final weeks of his administration also underscores the degree to which Mr. Trump not only relied on, but encouraged, a crew of players from the fringes of politics. They became key participants in his efforts to remain in power as many of his longtime aides and lawyers refused to help him.John R. Bolton, Mr. Trump’s former national security adviser, said in an interview that it was troubling that at such a critical juncture, Mr. Trump had pushed aside the Justice Department and White House counsel.Instead, he said, Mr. Trump was listening to an outsider “without the institutional learning that has gone on for a couple of hundred years that undergirds the advice that is normally given to presidents that keep them in sane channels.”Mr. Eastman’s appeal to Mr. Trump, fleshed out in interviews with Mr. Eastman and others who dealt with him during this period, rested in large part on his expansive views of presidential power — and his willingness to tell Mr. Trump what he wanted to hear.When it came to immigration policy, a favorite topic of both men, Mr. Eastman argued that Mr. Trump could use his executive authority to impose limits on birthright citizenship — the foundational concept that anyone born in the United States is automatically a citizen — by saying it should not be applied to people born in the United States to noncitizens.But Mr. Barr, who was increasingly finding himself having to fend off the advice of outside lawyers, television commentators and Mar-a-Lago hangers-on, dismissed the idea, saying Mr. Eastman’s argument was a stretch and ultimately impractical.Mr. Eastman admitted Mr. Barr was right.“Well, tell that to the president,” Mr. Barr told him.Still, by early January 2021, amid his wide-ranging effort to overturn the election results, Mr. Trump had become so enamored of Mr. Eastman’s advice that the two teamed up in an Oval Office meeting to pressure Mr. Pence to intervene to help Mr. Trump remain in power by delaying the Jan. 6 certification of Joseph R. Biden Jr.’s victory.In a two-page memo written by Mr. Eastman that had been circulated to the White House in the days before the certification — revealed in the new book “Peril” by the Washington Post reporters Bob Woodward and Robert Costa — Mr. Eastman said that Mr. Pence as vice president was “the ultimate arbiter” of the election, essentially saying he had the power to determine who won, and that “we should take all of our actions with that in mind.”On Jan. 6, Mr. Eastman spoke to a crowd of Trump supporters near the White House about election fraud and called on Vice President Mike Pence to delay the election certification.Jim Bourg/ReutersAs Mr. Trump hints at another run in 2024, Mr. Eastman remains a bridge between the former president and the continuing efforts by some of his supporters to promote specious allegations of widespread election fraud in 2020 and to undercut faith in the electoral system.In a series of interviews, Mr. Eastman said he was continuing to investigate reports of election fraud and was writing a book on the subject. He also said he would still like to represent Mr. Trump, who faces a range of legal battles.He declined to say whether he had advised any state legislatures — which have become hubs for Republican efforts to push claims of election fraud — on voting issues. And he insisted that his two-page memo, which he said he hastily wrote while on Christmas vacation with his family in Texas, had been taken out of context, but defended his view that Mr. Pence could have done far more to help Mr. Trump.“I won’t be cowed by public opposition to it,” Mr. Eastman said.He added: “There are lots of allegations out there that didn’t get their day in court and lots of people that believe them and wish they got their day in court. and I am working very diligently with several teams — statistical teams, election specialists teams, all sorts of teams — to try and identify the various claims and determine whether they have merit or there is reasonable explanation for them.”Like many of the lawyers who worked in Mr. Trump’s administration, Mr. Eastman had strong conservative legal credentials, initially giving him a patina of respect in Mr. Trump’s inner circle.Mr. Eastman attended law school at the University of Chicago and clerked for both Justice Clarence Thomas of the Supreme Court and Judge J. Michael Luttig, a former federal appeals court judge who President George W. Bush considered for the Supreme Court. He is a member of the conservative Federalist Society and a former dean of the law school at Chapman University in Orange County, Calif. For two decades, he ran his own small law firm that focused on representing conservatives on issues like free speech, religious liberty, abortion and immigration.After Election Day, Mr. Eastman served as a behind-the-scenes legal quarterback of sorts for Mr. Trump, alarming some of Mr. Trump’s aides, who feared he had found someone to enable his worst instincts at one of the most dangerous moments of his presidency. And it surprised many of Mr. Eastman’s longtime friends and others, who questioned whether his access to power had skewed his vision of reality.“You’re always at risk when every fail-safe mechanism breaks down,” Mr. Bolton said.Mr. Eastman’s role in Mr. Trump’s efforts to remain in power began the weekend after the election in Philadelphia, where Mr. Eastman had traveled for an academic conference. At a nearby hotel, Mr. Trump’s closest aides, including Corey Lewandowski, were putting together a legal brief to challenge the results in Pennsylvania.Mr. Eastman had put himself on the radar of Mr. Trump’s political aides during the election when Jenna Ellis, a legal adviser to Mr. Trump’s campaign, had shared on Twitter an article Mr. Eastman had written. The article, in an echo of racist questions stoked by Mr. Trump about where President Barack Obama had been born, questioned whether Kamala Harris, Mr. Biden’s running mate, could legally become president because her parents had not been born in the United States.Now, confronting election results that showed Mr. Trump lost, one of Mr. Trump’s aides reached out to Mr. Eastman to see whether he could come over to the hotel to help Mr. Trump’s team.Mr. Eastman said he was only in the room for 15 minutes before being ushered out — but it was long enough, he said, for him to catch Covid-19 there, and he became ill for several weeks. By the time he felt better, it was the beginning of December — when Mr. Trump called to see whether Mr. Eastman could help bring legal action directly before the Supreme Court. In the days that followed, Mr. Eastman filed two briefs with the Supreme Court on Mr. Trump’s behalf, but those efforts quickly failed.Mr. Trump remained undeterred. On Christmas Eve, while Mr. Eastman was with his family in Texas, a Trump aide reached out to him about writing a memo about the Jan. 6 certification. Mr. Eastman wrote what became the two-page outline asserting the vice president’s power to hold up the certification, and then a lengthier memo, which he circulated to Mr. Trump’s legal team several days later.Shortly after New Year’s Day, the White House called Mr. Eastman and asked him to fly to Washington to meet with Mr. Trump and Mr. Pence. Mr. Pence’s chief of staff, Marc Short, and Mr. Pence’s legal counsel, Greg Jacob, first met with Mr. Eastman, giving them a sense of what Mr. Eastman was planning to argue to Mr. Trump in their meeting with the president the next day, Jan. 4.In that subsequent meeting with Mr. Trump and Mr. Pence, Mr. Eastman was the only adviser to the president in the room.“It started with the president talking about how some of the legal scholarship that had been done, saying under the 12th Amendment, the vice president has the ultimate authority to reject invalid electoral votes and he asked me what I thought about it,” Mr. Eastman said.“It’s a little bit more complicated than that, that’s certainly one of the arguments that’s been put out there, it’s never been tested,” Mr. Eastman said he replied.Mr. Eastman said that Mr. Pence then turned to him and asked, “Do you think I have such power?”Mr. Eastman said he told Mr. Pence that he might have the power, but that it would be foolish for him to exercise it until state legislatures certified a new set of electors for Mr. Trump — something that had not happened.A person close to Mr. Pence, who was not authorized to speak publicly about the Oval Office conversation, said that Mr. Eastman acknowledged that the vice president most likely did not have that power, at which point Mr. Pence turned to Mr. Trump and said, “Did you hear that, Mr. President?”Mr. Trump appeared to be only half-listening, the person said.Mr. Eastman said he then pivoted the conversation to asking Mr. Pence to delay the certification.“What we asked him to do was delay the proceedings at the request of these state legislatures so they could look into the matter,” Mr. Eastman said.Mr. Eastman recounted that Mr. Pence said he “would take it under advisement,” but Mr. Eastman said he did not believe Mr. Pence would go along with it.“The delay was kind of new to him,” Mr. Eastman said about Mr. Pence, “and he wanted to think about it over and meet with his staff about it. But I didn’t think he would do it. My sense was he knew an irretrievable break with Trump was about to come, and he was trying to delay that uncomfortable moment for as long as he could.”Mr. Eastman recalled getting in touch with Mr. Pence’s legal counsel Mr. Jacob the next day about whether Mr. Pence could delay the certification.“I think Jacob was looking for a way for he and Pence to be convinced to take the action that we were requesting, and so I think he continued to meet with me and push back on the arguments and hear my counters, what have you, to try and see whether they could reconcile themselves to what the president had asked,” Mr. Eastman said.After a final rebuff from Mr. Pence — and shortly before an angry mob stormed the Capitol on Jan. 6 — Mr. Eastman took to the stage at Mr. Trump’s televised rally on the Ellipse near the White House to cheers, pushing false claims about election fraud and calling once more for a delay in the certification.“We no longer live in a self-governing republic if we can’t get the answer to this question,” Mr. Eastman said. “This is bigger than President Trump! It is the very essence of our republican form of government and it has to be done!”Matthew Cullen More

However horrifying the Jan. 6 riot at the U.S. Capitol appeared in the moment, we know now that it was far worse.The country was hours away from a full-blown constitutional crisis — not primarily because of the violence and mayhem inflicted by hundreds of President Donald Trump’s supporters but because of the actions of Mr. Trump himself.In the days before the mob descended on the Capitol, a corollary attack — this one bloodless and legalistic — was playing out down the street in the White House, where Mr. Trump, Vice President Mike Pence and a lawyer named John Eastman huddled in the Oval Office, scheming to subvert the will of the American people by using legal sleight-of-hand.Mr. Eastman’s unusual visit was reported at the time, but a new book by the Washington Post journalists Bob Woodward and Robert Costa provides the details of his proposed six-point plan. It involved Mr. Pence rejecting dozens of already certified electoral votes representing tens of millions of legally cast ballots, thus allowing Congress to install Mr. Trump in a second term.Mr. Pence ultimately refused to sign on, earning him the rage of Mr. Trump and chants of “Hang Mike Pence!” by the rioters, who erected a makeshift gallows on the National Mall.The fact that the scheme to overturn the election was highly unlikely to succeed is cold comfort. Mr. Trump remains the most popular Republican in the country; barring a serious health issue, the odds are good that he will be the party’s nominee for president in 2024. He also remains as incapable of accepting defeat as he has ever been, which means the country faces a renewed risk of electoral subversion by Mr. Trump and his supporters — only next time they will have learned from their mistakes.That leaves all Americans who care about preserving this Republic with a clear task: Reform the federal election law at the heart of Mr. Eastman’s twisted ploy, and make it as hard as possible for anyone to pull a stunt like that again.The Electoral Count Act, which passed more than 130 years ago, was Congress’s response to another dramatic presidential dispute — the election of 1876, in which the Republican Rutherford Hayes won the White House despite losing the popular vote to his Democratic opponent, Samuel Tilden.After Election Day, Tilden led in the popular vote and in the Electoral College. But the vote in three Southern states — South Carolina, Florida and Louisiana — was marred by accusations of fraud and intimidation by both parties. Various officials in each state certified competing slates of electors, one for Hayes and one for Tilden. The Constitution said nothing about what to do in such a situation, so Congress established a 15-member commission to decide which electors to accept as valid.The commission consisted of 10 members of Congress, evenly divided between the parties, and five Supreme Court justices, two appointed by Democrats and three by Republicans. Hayes, the Republican candidate, won all the disputed electors (including one from Oregon) by an 8-to-7 vote — giving him victory in the Electoral College by a single vote.Democrats were furious and began to filibuster the counting process, but they eventually accepted Hayes’s presidency in exchange for the withdrawal of the last remaining federal troops from the South, ending Reconstruction and beginning the era of Jim Crow, which would last until the middle of the 20th century.It was obvious that Congress needed clearer guidelines for deciding disputed electoral votes. In 1887, the Electoral Count Act became law, setting out procedures for the counting and certifying of electoral votes in the states and in Congress.But the law contains numerous ambiguities and poorly drafted provisions. For instance, it permits a state legislature to appoint electors on its own, regardless of how the state’s own citizens voted, if the state “failed to make a choice” on Election Day. What does that mean? The law doesn’t say. It also allows any objection to a state’s electoral votes to be filed as long as one senator and one member of the House put their names to it, triggering hours of debate — which is how senators like Ted Cruz and Josh Hawley were able to gum up the works on Jan. 6.A small minority of legal scholars have argued that key parts of the Electoral Count Act are unconstitutional, which was the basis of Mr. Eastman’s claim that Mr. Pence could simply disregard the law and summarily reject electors of certain key battleground states.Nothing in the Constitution or federal law gives the vice president this authority. The job of the vice president is to open the envelopes and read out the results, nothing more. Any reform to the Electoral Count Act should start there, by making it explicit that the vice president’s role on Jan. 6 is purely ministerial and doesn’t include the power to rule on disputes over electors.The law should also be amended to allow states more time to arrive at a final count, so that any legal disputes can be resolved before the electors cast their ballots.The “failed” election provision should be restricted to natural disasters or terrorist attacks — and even then, it should be available only if there is no realistic way of conducting the election. Remember that the 2012 election was held just days after Hurricane Sandy lashed the East Coast, and yet all states were able to conduct their elections in full. (This is another good argument for universal mail-in voting, which doesn’t put voters at the mercy of the weather.) The key point is that a close election, even a disputed one, is not a failed election.Finally, any objection to a state’s electoral votes should have to clear a high bar. Rather than just one member of each chamber of Congress, it should require the assent of one-quarter or more of each body. The grounds for an objection should be strictly limited to cases involving clear evidence of fraud or widespread voting irregularities.The threats to a free and fair presidential election don’t come from Congress alone. Since Jan. 6, Republican-led state legislatures have been clambering over one another to pass new laws making it easier to reject their own voters’ will, and removing or neutralizing those officials who could stand in the way of a naked power grab — like Georgia’s secretary of state, Brad Raffensperger, did when he resisted Mr. Trump’s personal plea to “find” just enough extra votes to flip the outcome there.How to ensure that frivolous objections are rejected while legitimate ones get a hearing? One approach would be to establish a panel of federal judges in each state to hear any challenges to the validity or accuracy of that state’s election results. If the judges determine that the results are invalid, they would lay out their findings in writing and prevent the state from certifying its results.There is plenty more to be done to protect American elections from being stolen through subversion, like mandating the use of paper ballots that can be checked against reported results. Ideally, fixes like these would be adopted promptly by bipartisan majorities in Congress, to convey to all Americans that both parties are committed to a fair, transparent and smooth vote-counting process. But for that to happen, the Republican Party would need to do an about-face. Right now, some Republican leaders in Congress and the states have shown less interest in preventing election sabotage than in protecting and, in some cases, even venerating the saboteurs.Democrats should push through these reforms now, and eliminate the filibuster if that’s the only way to do so. If they hesitate, they should recall that a majority of the Republican caucus in the House — 139 members — along with eight senators, continued to object to the certification of electoral votes even after the mob stormed the Capitol.Time and distance from those events could have led to reflection and contrition on the part of those involved, but that’s not so. Remember how, in the frantic days before Jan. 6, Mr. Trump insisted over and over that Georgia’s election was rife with “large-scale voter fraud”? Remember how he called on Mr. Raffensperger to “start the process of decertifying the election” and “announce the true winner”? Only those words aren’t from last year. They appear in a letter Mr. Trump sent to Mr. Raffensperger two weeks ago.Mr. Trump may never stop trying to undermine American democracy. Those who value that democracy should never stop using every measure at their disposal to protect it.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: [email protected] The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

Ms. James, New York’s attorney general, has embarked on a campaign-like tour of the state and is discussing her plans with donors and officials.In recent days, Letitia James, New York’s attorney general, has given every public indication that she is thinking about running for governor.Over the course of the past week, she courted business and civic leaders, delivering a much-analyzed speech in which she described a vision for the state that extended well beyond the duties of her current job, and declared that “there is no upstate or downstate way to make government work.” She schmoozed with Democratic leaders in Brooklyn and the Bronx, addressed a League of Conservation Voters gala in Manhattan and campaigned with a Westchester County legislator.But it was behind closed doors at an event on Thursday for Ulster County Democrats in Kingston, N.Y., that she offered what appears to be the most candid assessment to date of her political future: She has a big decision to make, and she intends to make it soon.“You might be wondering about my future plans — just saying,” Ms. James said, to whoops and applause, according to a recording of the event obtained by The New York Times. “The question for me really boils down to this: What is the best way that I can make transformational change in the State of New York?”“I don’t know the answer,” she continued, in remarks that were also reported by The New York Post. She added later, “That day is coming very, very soon.”Yet the public actions and private conversations of Ms. James and those around her in recent weeks leave little doubt: She is taking serious and accelerated steps toward a potential run for governor, according to interviews with more than two dozen New York Democratic officials. Her entry into a contest in which Gov. Kathy Hochul is already running would instantly elevate next year’s primary into an expensive, high-profile and closely watched intraparty battle.“I don’t think anybody would question: Would she be capable of running the state?” Donovan Richards, the Queens borough president, said of Ms. James’s deliberations. “The question is, will she run? Is she running? And I think that’s what’s on the mind of every political insider at the moment.”Behind the scenes, Ms. James and her allies have made it clear to donors, elected officials and other Democratic power brokers that she is weighing a bid and is nearing a final decision. Her team is close to making additional political hires, according to a person who spoke on the condition of anonymity to discuss internal matters.“I have not made an ultimate — I have not made a decision,” Ms. James said in a brief interview on Thursday, quickly rephrasing in an apparent effort to avoid suggesting she had made a determination about her plans.“A number of individuals have approached me with respect to running for higher office,” she said, even as she repeatedly insisted that her focus was on her current job.But asked to characterize those conversations, Ms. James did not shy away.“That I should consider it because of my leadership, because of my ability to speak truth to power, because of my experience and because of my ability to unite the state,” she said. “I’m still focused on the office of attorney general, but I thank them for their comments.”Her comments came after she spoke briefly at a gathering of the Brooklyn Democratic Party at Junior’s, a restaurant known for cheesecake and political events.The scene there offered one of the most vivid illustrations yet of how the Democratic primary has begun to take shape in the past week, with the nascent contours of a campaign trail coming into view.Ms. Hochul, the state’s first female governor, was there as well, part of her breakneck public schedule as she also moves aggressively to try to cement a huge fund-raising advantage in advance of the primary. She spoke before both Ms. James and Jumaane D. Williams, New York City’s public advocate, who announced this week that he had formed an exploratory committee and was considering his own run. (“Great job as public advocate!” Ms. Hochul cracked wryly.)Ms. Hochul, Ms. James and Mr. Williams made the rounds through a room packed with party activists and elected leaders who clamored for selfies and hugs in between bites of scrambled eggs and sips from precariously balanced coffee cups. Mayor Bill de Blasio, who is also thought to be weighing a run, also dropped by, a day after he and the others were at a gathering of Bronx Democrats.It is possible that Ms. James may not ultimately challenge Ms. Hochul. She does not have a history as a strong fund-raiser, though her allies are hopeful that as the potential first Black female governor in America, she would attract national attention and support should she run. She would also have to give up her current job to run for governor, and she might prefer to seek another term as attorney general instead — boosted, perhaps, by the attention her recent activity has attracted.A representative for Ms. James declined to comment for this article.Each day brings fresh signs that the governor’s race is shaping up to be competitive and complicated.Ms. Hochul enjoys significant good will from many New Yorkers, ascending to the governorship after Andrew M. Cuomo resigned in disgrace after an independent investigation released by Ms. James’s office found he had sexually harassed 11 women.Ms. James with Anne Clark and Joon Kim, the two outside lawyers she hired to lead the investigation that prompted Andrew M. Cuomo, the former governor, to resign.Dave Sanders for The New York TimesSince taking over, Ms. Hochul, a native of western New York who is seen as a moderate, has forged ahead with several policies that are popular among many left-wing leaders. She has been a constant presence in New York City as she seeks to shore up her standing downstate, and she named a lieutenant governor, Brian A. Benjamin, who represented Harlem in the State Senate. She is also poised to benefit from the power of incumbency, including the ability to complete critical projects across the state, which would give her a concrete record to promote.“The people I hear from who have long waited for a woman to be governor are very clear that they are going to be supporting her,” Assemblywoman Deborah J. Glick of Manhattan said of Ms. Hochul.Ms. Glick said she had heard next year’s race described as akin to a contest for an open seat. “I wonder if that would have been a comment that would have been made if it was a man,” she said.Mr. Williams, who, like Ms. James, is from Brooklyn, is beloved by many on the left, and some officials who are close to both worry about whether one would siphon votes from the other if they were both in the race, though their political bases are hardly identical.Other Democrats, including Representative Thomas Suozzi of Long Island, have taken steps toward a possible run.Then there is the Cuomo factor: The former governor has an $18 million war chest he could deploy to meddle in the race, and he has already attacked Ms. James, despite initially backing the independent investigation himself. She used the first part of her recent speech to business leaders to sharply rebuke his attacks and to defend her own work.“You could tell, when the speech started, that everyone perked up, stopped what they were doing, were very focused on what she had to say, which is very rare in those rooms,” said Assemblywoman Nily Rozic of Queens, who praised Ms. James for having “set the record straight.” At the Ulster County event, the crowd grew rowdy as Ms. James reached her crescendo.“So just stay with me and pray with me,” she said. “And stay tuned.” More

The problem in the American system for the principle of “one person, one vote” is that our institutions are not actually set up for political equality among citizens.Equal state representation in the Senate necessarily means that a citizen in a low-density state has greater representation — and therefore political power — than a citizen in a higher-density state. The Electoral College gives decisive political weight to the residents of the states where there is the most competition, irrespective of size or population. And the constitutional requirement that “each state shall have at least one representative” — when coupled with single-member districts and a cap on the overall size of the House — means a degree of malapportionment in the “popular” chamber as well.The upshot of all of this, I’ve written in the past, is that it is possible to elect a government that does not represent a majority of voters, much less a majority of citizens or residents. With just the right amount of geographic, educational and racial polarization in the electorate, a party could control the White House and a majority of seats in Congress without ever winning a majority of votes in either a presidential or a congressional election.I think that if you explained it way, many Americans would see this as a problem, even illegitimate. But there’s an argument that it is neither and that a party that held power under these conditions would have as much claim to legitimacy as one that held both power and a popular majority.I mention this because I recently read an interview in The Atlantic with Ryan Williams, the president of the Claremont Institute, a right-wing think tank with strong ties to Donald Trump and his movement, in which he makes the argument that minority rule is as legitimate as majority rule.I reject the premise that just because the popular vote isn’t won, you don’t possess a constitutional majority. We have an Electoral College system for a reason. Democracy, for the Founders, was a means to the end of the protection of rights. They set up a republic, not a democracy. The rule of pure numbers was never the touchstone of justice for the Founders.What caught my eye there is Williams’s use of the term “constitutional majority,” to refer to an electoral majority that does not represent a popular majority. Williams uses it to defend — even to extoll — the legitimacy of minority government, but what’s interesting is that it was first used, as far as I can tell, in defense of majority rule.Over the summer, I wrote about an unpublished 1834 letter from James Madison on the subject of “majority government.” It was a direct response to the nullification crisis of the early 1830s and the argument, made most trenchantly by Senator John Calhoun of South Carolina, that states had the right to nullify federal laws that abrogated their rights. In his letter, Madison argues that there’s no viable or impartial principle for self-government other than majority rule, especially in a nation of diverse, opposing interests: “The vital principle of republican government is the lex majoris partis, the will of the majority” and “if the will of a majority cannot be trusted where there are diversified and conflicting interests, it can be trusted nowhere.”Having said that, Madison concedes that in any system of elective government, there is the chance of choosing a government that does not represent a majority of the people. This, he says, is a problem, because the popular majority might feel oppressed by the minority in power. “That this departure from the rule of equality, creating a political and constitutional majority in contradistinction to a numerical majority of the people, may be abused in various degrees oppressive to the majority of the people is certain; and in modes and degrees so oppressive as to justify ultra- or anti-constitutional resorts to adequate relief is equally certain.”In other words, governments need popular consent for legitimacy, and when they do not have it, they run into trouble. Indeed, in Madison’s formulation, the “constitutional majority” is something of a problem to be solved, not an intended outcome of the process. And to that end, he believes the best solution to the problem of a minority government is to change the rules of the game.“Still,” he writes, “the constitutional majority must be acquiesced in by the constitutional minority whilst the Constitution exists. The moment that arrangement is successfully frustrated, the Constitution is at an end. The only remedy therefore for the oppressed minority is in the amendments of the Constitution, or a subversion of the Constitution — this inference is unavoidable. Whilst the Constitution is in force, the power created by it whether a popular minority or majority must be the legitimate power and obeyed.”If changes in population and the electorate have made it more likely than ever that Washington is dominated by “constitutional majorities” rather than popular majorities, then I think Madison would say it was high time to change the way we do elections and structure our institutions. Just because minority government is possible under a republican political system does not make it a desirable or intended outcome of the process.The “constitutional majority” is a real thing, but it’s no substitute for popular legitimacy.What I WroteMy Tuesday column was on the secession crisis of 1860 and why it is important not to dismiss the possibility of a black swan event:It’s almost as if, to the people with the power to act, the prospect of a Trumpified Republican Party with the will to subvert the next presidential election and the power to do it is one of those events that just seems a little too out there. And far from provoking action, the sheer magnitude of what it would mean has induced a kind of passivity, a hope that we can solve the crisis without bringing real power to bear.My Friday column was on majority rule in the Senate, with a big assist from Henry Cabot Lodge:Despite the great distance between his time and ours, Lodge’s argument cuts to the core of our current predicament. No, Democrats won’t get everything out of Congress that they want; their majorities are too slim and their coalition is too fractious. But they should be able to act on basic issues of governance and on points where the entire party agrees. To blame the filibuster or the parliamentarian or the reconciliation process is to avoid the truth: It is the majority that is responsible for the current state of affairs.Now ReadingRandall Kennedy on the right-wing attack on “critical race theory” in The American Prospect.Wesley Lowery on Will Smith in GQ.Chris Hayes on internet fame in The New Yorker .Ariel Ron on slavery and federal power in Slate .Sue Mi Terry on how North Korea finally got a nuclear weapon and why it won’t give it up, in Foreign Affairs.Feedback If you’re enjoying what you’re reading, please consider recommending it to your friends. They can sign up here. If you want to share your thoughts on an item in this week’s newsletter or on the newsletter in general, please email me at [email protected]. You can follow me on Twitter (@jbouie) and Instagram.Photo of the WeekJamelle BouieI always like a good sign, and this is a good sign.Now Eating: Stir-Fried Butternut Squash From Madhur Jaffrey’s ‘Vegetarian Indian’I’m a huge fan of butternut squash and this is one of my favorite preparations. It is very easy to put together and makes for a great addition to any meal, and not just an Indian one. (Although you won’t go wrong with this squash, a freshly made roti and a spinach raita.) Recipe comes from “Vegetarian Indian,” by Madhur Jaffrey.Ingredients2 tablespoons olive or peanut oil¼ teaspoon urad dal (or split red lentils if you have them; otherwise, you can consider this optional)¼ teaspoon whole brown mustard seeds1 to 2 dried hot red chiles1 small onion, peeled and chopped1 pound butternut squash, cut into a ½-inch dice¾ teaspoon salt1 tablespoon dark brown sugar1 teaspoon ground cuminfreshly ground black pepperDirectionsPut the oil into a medium nonstick frying pan and set over medium heat. When hot, add the urad dal (if using). As soon as it starts to change color, add the mustard seeds and the red chiles. When the mustard seeds start to pop and the chiles darken, a matter of seconds, add the onions. Stir and fry for 2 minutes. Add the squash, then stir and fry for about 4 minutes or until the squash and the onions start to brown.Add ¾ cup of water, the salt, brown sugar, cumin and black pepper. Mix well and bring to a boil. Cover, lower the heat and simmer gently for about 10 minutes or until the squash is soft enough to pierce easily with a knife. Taste for seasoning and make adjustments if needed. When you are getting ready to serve, boil away any water that remains, stirring as you do so. More

Rome has defied efforts to make basic services work, and the incumbent mayor lags in the polls, with no shortage of rivals hoping to take her place.ROME — In the five years since Virginia Raggi became mayor, Rome has had some problems. Garbage has piled up on sidewalks, attracting swarms of sea gulls and crows. A pothole epidemic has riddled city streets. Public buses, already unreliable, have started combusting. And the city’s Christmas tree has looked so sad that Romans nicknamed it “Mangy.”Now, in the days leading up to Rome’s mayoral election on Sunday, the city’s newspapers, frustrated residents and a long list of candidates jostling to replace Ms. Raggi have attacked her on an issue that they say encapsulates just how uncivilized it has become: marauding packs of wild boars. Her critics call them “Raggi’s Boars,” swapping viral videos of pigs in Roman dumpsters.“If we want to make a zoo, we are on a good path,” Carlo Calenda, one of the candidates running against Ms. Raggi, said on Italian television.The perceived weakness of Ms. Raggi has drawn 21 opponents across the political spectrum. The main challengers in her re-election bid include a conservative lawyer and two center-left politicians with national profiles. But fringe characters, including “Dr. Seduction” and a Gladiator re-enactor who calls himself “Nero,” have also jumped at the chance of replacing Ms. Raggi, who trails badly in the polls.Virginia Raggi, the incumbent mayor.Fabio Frustaci/EPA, via ShutterstockLocal Italian elections, especially in the major cities, are often considered bellwethers for the broader national mood. Ms. Raggi’s landslide victory in 2016 as the candidate of the anti-establishment Five Star Movement anticipated Five Star’s success at the 2018 national elections.But Five Star’s popularity has plummeted, and Italy is enjoying a rare period of political stability under Prime Minister Mario Draghi, an independent, stripping Rome’s election of such broad ramifications this time around. Winning here is still seen as a measure of strength of the national parties, but this time, municipal issues — traffic, trash and unwanted wildlife — have come to the fore.It is unlikely that any candidate will win a majority of the vote when polls close on Monday, prompting another round of voting and possibly weeks of horse trading that could very well turn Ms. Raggi into a power broker.But she is not conceding anything and has campaigned vigorously in the closing days. She blames the larger region of Lazio, which includes Rome and is run by the center-left Democratic Party, for all of the trash and invasive species. After a stint on Rome’s City Council, and pledging, according to her party’s original rules, that she would never serve more than two terms in public office, Ms. Raggi now argues that five full years running the city is not enough time to change Rome.Carlo Calenda, a center-left candidate for mayor and a former national economic minister.Tiziana Fabi/Agence France-Presse — Getty ImagesA full decade, she says, will do the trick.Romans do not seem so sure. The latest polls favor Enrico Michetti, a lawyer and last-minute candidate supported by several center-right parties and by the far-right leader Giorgia Meloni, who is Roman and has a significant base. Mr. Michetti has gained attention for his knack of ducking the news media (Italian reporters call him “Houdini”) and speaking largely about ancient Rome when asked about modern-day problems.“When Caesar died, it looked like everything was over,” Mr. Michetti said in July during a rare appearance in an electoral debate when asked about his idea for the future of Rome. “But then Caesar Octavian Augustus put institutions in the center.”In a telephone interview on Friday, Mr. Michetti defended his talk of Rome’s glory days, which he described as a time of civic-minded governance. “Rome would never have built the pyramids; too much effort in the interest of one individual,” he said. “Instead, Rome built bridges, roads, aqueducts, theaters — anything to serve the collective well-being.”Enrico Michetti, the right-wing alliance candidate. He is leading in the latest polls.Tiziana Fabi/Agence France-Presse — Getty ImagesMr. Michetti is trailed by Roberto Gualtieri, the candidate of the center-left Democratic Party. Mr. Gualtieri was Italy’s minister of economy and finance from 2019 until early this year, and before that, he was the chairman of the Economic Affairs Committee in the European Parliament. A historian partial to gray suits, he has emphasized his competence and expertise as a contrast to what critics consider Ms. Raggi’s ineptitude.“Rome can have a rebirth,” he said in a telephone interview, “after the bad administration of these years.”Mr. Gualtieri has campaigned, sometimes with a guitar to liven things up, on the promise to turn Rome, where it often takes roughly forever to get anything done, into a “15-minutes city” where residents can quickly reach any service.But in a familiar dynamic in Italian politics, the center-left vote is split. One of Mr. Gualtieri’s rivals is Mr. Calenda, who was once the country’s economic development minister and who now sits in the European Parliament. A former member of the Democratic Party, Mr. Calenda broke with the party to protest an alliance it made with its former enemy Five Star, which he loathes.Roberto Gualtieri, the center-left candidate of the Democratic Party. He has promised to turn Rome into a “15-minutes city” where residents can quickly reach any service.Tiziana Fabi/Agence France-Presse — Getty ImagesMr. Calenda has been more full-throated in his critique of Ms. Raggi, calling her administration “an apocalypse” and “a cosmic disaster,” and seizing on Rome’s reputation as an ungovernable city to argue that only a proven manager like him could get it under control.He said he would spend the first year and a half of his administration fixing the “decorum” of Rome’s streets, focusing on basic services like garbage removal and attending to trees to prevent falling branches from crashing onto cars.He also rejected the speculation of political insiders that, if necessary, he would form an alliance with Mr. Michetti. “I have never heard him say anything intelligent, not even anything normal,” Mr. Calenda said of him.Lorenzo de Sio, the director of the Italian Center of Electoral Studies, said the number of candidates running made the election difficult to call.Many Romans have become so accustomed to blaming Ms. Raggi’s incompetence for the city’s travails that her very name — “La Raggi,” they say — has become a shorthand for everything that is wrong in the city.But many Romans were once captivated by Ms. Raggi, the first woman to hold the office and, at 37 when she took office, Rome’s youngest mayor. She campaigned on promises to break the city’s special interests and make it work for everyone, an appeal that worked especially well in the city’s outermost and least affluent neighborhoods.Wild boars roaming a street in Rome. Ms. Raggi’s critics say the boars encapsulate just how uncivilized the city has become.Remo Casilli/ReutersMany of those voters remain undecided, and candidates like Mr. Michetti and Mr. Calenda, who visited every Roman neighborhood, have sought to woo them. But even at this late hour, Ms. Raggi’s supporters are hopeful that they would eventually come home to her.On Friday morning, a small group of supporters joined Ms. Raggi at a neighborhood market where the mayor inaugurated a municipal food bank for residents struggling to make ends meet. It is the fourth such center to open in Rome since May 2020, a pet project of the mayor’s, as the number of people needing assistance has soared during the pandemic.She arrived to applause and made some remarks. Her supporters complained that despite the mayor having opened kindergartens and gyms and improved parks in the neighborhood, “all people talk about is the boars.”But as Ms. Raggi left, another woman complained to her about how filthy her street had become. The mayor, she said, had furious taxpayers to answer to.Ms. Raggi blamed the problems on what she called corrupt transportation and sanitation agencies. Previous administrations had swept the dirt under the rug, she said, “but when you lift it up, mounds of mud emerged.”“Brava, Virginia!” a supporter shouted. More

An analysis found that a hand recount of votes by Republican investigators missed thousands of ballots, and possibly many more.The circuslike review of the 2020 vote commissioned by Arizona Republicans took another wild turn on Friday when veteran election experts charged that the very foundation of its findings — the results of a hand count of 2.1 million ballots — was based on numbers so unreliable that they appear to be guesswork rather than tabulations.The organizers of the review “made up the numbers,” the headline of the experts’ report reads.The experts, a data analyst for the Arizona Republican Party and two retired executives of an election consulting firm in Boston, said in their report that workers for the investigators failed to count thousands of ballots in a pallet of 40 ballot-filled boxes delivered to them in the spring.The final report by the Republican investigators concluded that President Biden actually won 99 more votes than were reported, and that former President Donald J. Trump tallied 261 fewer votes.But given the large undercount found in just a sliver of the 2.1 million ballots, it would effectively be impossible for the Republican investigators to arrive at such precise numbers, the experts said.Rod Thomson, a spokesman for Cyber Ninjas, the company hired to conduct the inquiry in Arizona, rejected the experts’ claim. “We stand by our methodology and complete final report,” he said.Investigators went through more than 1,600 ballot-filled boxes this summer to conduct their hand recount of the election in Maricopa County, the most populous county in the state. Both they and the Republican-controlled State Senate, which ordered the election inquiry, have refused to disclose the details of that hand count.But a worksheet containing the results of the hand count of 40 of those boxes was included in a final report on the election inquiry released a week ago by Cyber Ninjas.The three election experts said the hand count could have missed thousands or even hundreds of thousands of ballots if all 1,600 boxes of ballots were similarly undercounted. Their findings were earlier reported in The Arizona Republic.For months, the Cyber Ninjas effort had been the lodestar of the conservative movement, the foundational investigation that would uncover a litany of abuses and verify countless conspiracies, proving a stolen election. But the review was criticized from the start for unprofessional and unorthodox methods and partisan influence.Now, the experts’ findings on the vote review compound withering analyses debunking a wide range of questions raised in the review about the counting of votes and conduct of the election. Nonetheless, the review has been embraced by Mr. Trump and his followers even as its findings have been overwhelmingly refuted.Noting that the leaders of the Arizona review had “zero experience in election audits,” the experts concluded, “We believe the Ninjas’ announcement that they had confirmed, to a high degree of accuracy, the election results” of one of the largest U.S. counties “is laughable.”Laughable or not, none of it changed the fact that Mr. Biden won the state by about 10,500 votes and Maricopa County by roughly 45,000 in several official tallies of the vote.Katie Hobbs, the Democratic secretary of state in Arizona, said the report’s findings vindicated criticisms about the Cyber Ninjas process.“It was clear from the start that the Cyber Ninjas were just making it up as they went,” Ms. Hobbs said in a statement. “I’ve been saying all along that no one should trust any ‘results’ they produce, so it’s no surprise their findings are being called into question. What can be trusted are actual election officials and experts, along with the official canvass of results.”The results of the review were presented to the Arizona State Senate last week.Adriana Zehbrauskas for The New York TimesThe inquiry into the election has been repeatedly condemned as a sham by election experts and denounced by the Republican-dominated Maricopa County Board of Supervisors, which oversaw the 2020 vote.Critics note that the chief executive of Cyber Ninjas had spread false allegations that Arizona voting machines were rigged to ensure Mr. Trump’s defeat. The summer-long investigation was financed almost entirely by nearly $7 million in donations from Trump supporters.The experts based their conclusion on a worksheet containing a slice of the hand-count results that the Republican investigators published in the report on their inquiry. The worksheet shows that investigators counted 32,674 ballots in 40 of the 1,634 boxes of ballots they were reviewing.But official records show — and the investigators’ own machine count of the 2.1 million ballots effectively confirmed — that those 40 boxes actually contained 48,371 ballots, or 15,692 more than were counted.The worksheet indicated that nine of the boxes had not been counted at all. But even if those boxes were excluded from the tally, the count of the remaining boxes fell 4,852 ballots short of the correct total, the experts said.The charge of a ballot undercount comes atop the debunking by experts and Maricopa officials of virtually all of 22 implications of voting irregularities, involving more than 50,000 voters, in the Cyber Ninjas report.Among them: A claim that 23,434 mail-in ballots may have come from addresses that voters no longer occupied was based on research using a commercial address database that itself did not include 86,391 of the county’s registered voters and, like most lists, relied on sources that are often inaccurate. It also ignored the fact that voters may legally cast ballots and then move. And moving is common: More than 280,000 Maricopa County households moved in 2019 alone.Another claim that thousands of voters returned more ballots than they received misconstrued a data file that makes a new entry every time a damaged or incomplete ballot is corrected.Yet another claim that precincts counted 836 more votes than were recorded ignored the fact that the records of some 3,600 voters, such as abused spouses and police officers, are not made public for security reasons. And an insinuation that 5,295 Maricopa County voters may have double-voted because residents of other counties had the same names and birth years was spot-checked by county officials and found baseless; the outsiders were in fact other people.With similar reviews now set for Pennsylvania, Wisconsin and Texas, it is increasingly clear that Arizona’s partisan review succeeded while it failed — by amplifying baseless talking points while failing in any factual way to back up Mr. Trump’s claims of a rigged election.The Arizona-style reviews in other states seem likely to follow the same script with the blessing of the Republican political leaders who are promoting them, said Nate Persily, a Stanford University law professor, elections expert and scholar of democracy.“For those who are pushing the fraud narrative, the actual truth is beside the point,” he said. “The idea that the election was stolen is becoming a tribe-defining belief. It’s not about proving something at this point. It’s about showing fealty to a particular description of reality.”Indeed, in the wake of the initial Cyber Ninjas report, Republicans in the Pennsylvania Senate only furthered their resolve to press ahead with a review of the election, one that includes a request for drivers’ license numbers and partial Social Security numbers of all seven million Pennsylvania voters.“The historic audit in Maricopa County is complete and significant findings have been brought to light,” State Senator Doug Mastriano, a Republican and leading proponent of the election review, said in a statement last week. “If these types of issues were uncovered in Maricopa County, imagine what could be brought to light from a full forensic audit in other counties around the U.S. who processed mass amounts of mail-in ballots.”On Friday, Robin Vos, the speaker of the Wisconsin Assembly, signed multiple subpoenas issued to the head of the elections commission in Milwaukee, the biggest city in the state and home to the largest concentration of Democratic voters, with a substantive request for documents, including communication between the city and state elections boards.Mr. Vos, in an interview this week, reiterated his commitment to investigating the 2020 election, with a presumption that there were mistakes in the administration.“I think we kind of have to accept that certain things were done wrongly — figure out how to correct them, or else we’re never going to have public confidence,” Mr. Vos said.Reid J. Epstein More