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    After Antifraud Crusade, a Trial Asks: Were Illegal Voters or Legal Ones the Target?

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    True the Vote challenged the legality of 250,000 Georgia voters, offered cash for fraud evidence and recruited poll watchers. A federal trial will determine why.As Republican candidates and their supporters increasingly focus on specious claims of rampant voter fraud, a federal trial starting in Georgia on Thursday will examine whether a key campaign to unmask illegal voters in 2020 actually aimed to intimidate legal ones.The outcome could have implications for conservative election integrity organizations that are widely expected to ramp up antifraud efforts during next year’s general election. The trial also could clarify the reach of an important section of the 1965 Voting Rights Act, the historic civil-rights law that the Supreme Court has steadily pared back over the last decade.That question is serious enough that the Department of Justice has filed a brief in the case and will defend the government’s view of the act’s scope at the trial. The campaign, mounted in December 2020 by a right-wing group called True the Vote, filed challenges with local election officials to the eligibility of some 250,000 registered Georgia voters. The group also offered bounties from a $1 million reward fund for evidence of “election malfeasance” and sought to recruit citizen monitors to patrol polls and ballot drop-off locations.The lawsuit, filed by the liberal political action committee Fair Fight Inc., alleges that finding fraud was a secondary concern. The actual purpose, the group argues, was to dissuade Democratic voters from turning out in tight runoffs that month for Georgia’s two seats in the U.S. Senate.That would violate a clause of the Voting Rights Act that broadly prohibits any “attempt to intimidate, threaten, or coerce any person for voting or attempting to vote.”Lawyers for True the Vote argue that the group’s efforts have nothing to do with intimidation and are an essential form of constitutionally protected free speech. Two Democratic candidates, Jon Ossoff and the Rev. Raphael Warnock, won the Senate runoffs in early January 2021. The case has since plodded through the legal system for nearly three years before coming to trial.In a briefing last week, Cianti Stewart-Reid, the executive director of Fair Fight, cast the lawsuit as a move to head off what she called “a troubling plan to undermine the results of the 2024 election based on disinformation and bad faith attacks on voter eligibility.”“Georgia has become the testing ground for modern-day voter challenges and other antidemocratic tactics we believe are being deployed as part of a national effort led by followers of the Big Lie,” she said, referring to former President Donald J. Trump’s claim that the 2020 election was stolen.Catherine Engelbrecht, a founder and president of True the Vote, did not respond to requests for comment. But in court filings, lawyers for her and the organization said that efforts to search for illegal voters like those in Georgia are protected by the First Amendment.Threatening to punish people for casting ballots clearly violates the Voting Rights Act and has no free-speech protection, one of the lawyers for True the Vote, Cameron Powell, said in an interview. But he said that there was reason to worry that people might cast ballots in places where they did not live. He said the state had mailed seven million absentee ballots to Georgia residents, a measure to make voting easier during the Covid pandemic, although some people on voter rolls no longer lived where they had registered.(In fact, the state sent absentee ballot applications — not actual ballots — to 6.9 million registered voters in 2020. About 1.3 million absentee ballots were cast in the November election, and the state said that “all of them were verified for the voter’s identity and eligibility.”)Lawyers for Catherine Engelbrecht, a founder and president of True the Vote, said that efforts to root out fraud are protected by the First Amendment.Bridget Bennett/Reuters“Engaging in speech about elections and voter integrity, engaging in facilitating petitions by Georgia voters who are concerned about the residency status of other Georgia voters, is subject to the highest First Amendment protections,” he said. “And it’s a very high bar to show that this was done in bad faith.”The intimidation clause of the Voting Rights Act has been invoked before to punish both large-scale challenges to voters’ eligibility and the dispatch of monitors to watch polling places for “suspicious” activity. The national Republican Party was barred from participating in so-called ballot security efforts from 1982 to 2018 because of its involvement in both.The Georgia lawsuit presents a less clear-cut picture than those instances, said Justin Levitt, an election law scholar at Loyola Law School in Los Angeles.“It’s not in the center of the strike zone, but it’s not a wild pitch, either,” he said. “The context in this is everything.”True the Vote, a Texas-based organization that arose from Ms. Engelbrecht’s Tea Party activities more than a decade ago, has a checkered financial and legal history. Ms. Engelbrecht’s forays into conspiracy theories and far-right politics have led even some former allies to distance themselves from her activities.The organization’s former lawyer, the conservative legal powerhouse James Bopp Jr., quit the Georgia case in March and sued her and True the Vote over what he claimed was nearly $1 million in unpaid bills.The group has regularly aired charges of fraudulent voting and helped produce the recent film “2,000 Mules” that made widely debunked charges of ballot-stuffing at voting drop boxes in Georgia and elsewhere. In Georgia, the group, saying that it had planned to challenge 364,000 voter registrations statewide, unveiled its election integrity initiative in mid-December 2020, as early voting in the Senate runoffs was getting underway. The voters who faced a legal challenge were among Georgians who had filed change-of-address notices with the Postal Service but had not registered to vote at a new address. Experts say that comparing address lists and registration rolls is not a reliable method of identifying potentially illegal voters. True the Vote and a handful of allies, including local Republican Party officials, eventually forwarded to county election boards some 250,000 potential challenges to registrations. A majority of boards refused to consider them, and those that did appeared to have found no evidence of illegality.But in some cases, the plaintiffs said, local officials summoned voters to bring proof of their eligibility to hearings, and others were told to cast provisional ballots that would be counted only if their eligibility were proven. Political operatives have long used a similar tactic, sometimes sending warning letters about eligibility directly to voters, in efforts to depress turnout.Fair Fight claims that the Georgia effort, combined with the public recruitment of poll watchers and the promise of a financial payoff for allegations of fraud, were largely designed to frighten voters, not to uncover wrongdoing. In court filings, True the Vote has called the allegations overblown and stressed that very few voters were ever notified that their legitimacy had been challenged.Sheelagh McNeill More

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      Ex-Attorney General in Arizona Buried Report Refuting Voter Fraud Claims

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      Under Mark Brnovich, a Republican who left office in January, a 10,000-hour review did not see the light of day. His Democratic successor, Kris Mayes, released investigators’ findings.Mark Brnovich, a Republican who served as Arizona’s attorney general until January, buried the findings of a 10,000-hour review by his office that found no evidence of widespread voter fraud in the 2020 election, newly released documents reveal.The documents were released on Wednesday by Mr. Brnovich’s successor, Kris Mayes, a Democrat who took office last month as the top law enforcement official in the battleground state, which remains at the forefront of the election denial movement.The sweeping review was completed last year after politicians and other conspiracy theorists aligned with former President Donald J. Trump inundated Mr. Brnovich’s office with election falsehoods. They claimed baselessly that large numbers of people had voted twice; that ballots had been sent to dead people; and that ballots with traces of bamboo had been flown in from Korea and filled out in advance for Joseph R. Biden Jr., who won Arizona by a little over 10,000 votes.But investigators discredited these claims, according to a report on their findings that was withheld by Mr. Brnovich. (The Washington Post reported earlier on the findings.)“These allegations were not supported by any factual evidence when researched by our office,” Reginald Grigsby, chief special agent in the office’s special investigation’s section, wrote in a summary of the findings on Sept. 19 of last year.The summary was part of documents and internal communications that were made public on Wednesday by Ms. Mayes, who narrowly won an open-seat race in November to become attorney general.“The results of this exhaustive and extensive investigation show what we have suspected for over two years — the 2020 election in Arizona was conducted fairly and accurately by elections officials,” Ms. Mayes said in a statement. “The 10,000-plus hours spent diligently investigating every conspiracy theory under the sun distracted this office from its core mission of protecting the people of Arizona from real crime and fraud.”Efforts to reach Mr. Brnovich, who ran unsuccessfully for the U.S. Senate last year, were not immediately successful.His former chief of staff, Joseph Kanefield, who was also Mr. Brnovich’s chief deputy, did not respond to a request for comment on Thursday.In the eight-page summary of investigators’ findings, Mr. Grigsby wrote that the attorney general’s office had interviewed and tried to collect evidence from Cyber Ninjas, a Florida firm that conducted a heavily criticized review of the 2020 election results in Arizona’s most populous county, Maricopa, at the direction of the Republican-controlled State Senate.Investigators also made several attempts to gather information from True the Vote, a nonprofit group founded by Catherine Engelbrecht, a prominent election denier, the summary stated..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.“In each instance and in each matter, the aforementioned parties did not provide any evidence to support their allegations,” Mr. Grigsby wrote. “The information that was provided was speculative in many instances and when investigated by our agents and support staff, was found to be inaccurate.”When investigators tried to speak to Wendy Rogers, an election-denying Republican state lawmaker, they said in the summary that she refused to cooperate and told them she was waiting to see the “perp walk” of those who had committed election fraud.Ms. Rogers, who was censured by the State Senate in March 2022 after giving a speech at a white nationalist gathering, declined to comment on Thursday.In a series of emails exchanged by Mr. Brnovich’s staff members last April, Mr. Grigsby appeared to object several times to the language in a letter drafted on behalf of Mr. Brnovich that explained investigators’ findings. Its intended recipient was Karen Fann, a Republican who was the State Senate’s president and was a catalyst for the Cyber Ninjas review in Arizona.One of the statements that Mr. Grigsby highlighted as problematic centered on election integrity in Maricopa County.“Our overall assessment is that the current election system in Maricopa County involving the verification and handling of early ballots is broke,” Mr. Brnovich’s draft letter stated.But Mr. Grigsby appeared to reach an opposite interpretation, writing that investigators had concluded that the county followed its procedures for verifying signatures on early ballots.“We did not uncover any criminality or fraud having been committed in this area during the 2020 general election,” a suggested edit was written beneath the proposed language.Ms. Fann did not immediately respond to a request for comment on Thursday.In his role in Arizona, Mr. Brnovich was something of an enigma. He defended the state’s vote count after the 2020 presidential election, drawing the ire of Mr. Trump. The former president sharply criticized Mr. Brnovich in June and endorsed his Republican opponent, Blake Masters, who won the Senate primary but lost in the general election.But Mr. Brnovich has also suggested that the 2020 election revealed “serious vulnerabilities” in the electoral system and said cryptically on the former Trump aide Stephen K. Bannon’s podcast last spring, “I think we all know what happened in 2020.”In January, as one of Ms. Mayes’s first acts in office, she redirected an election integrity unit that Mr. Brnovich had created, focusing its work instead on addressing voter suppression.The unit’s former leader, Jennifer Wright, meanwhile, joined a legal effort to invalidate Ms. Mayes’s narrow victory in November.Ms. Mayes has said that she did not share the priorities of Mr. Brnovich, whom she previously described as being preoccupied with voter fraud despite isolated cases. The office has five pending voter fraud investigations. More

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      L.A. Drops Criminal Charges Against Election Software Executive

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      Before the arrest of its founder and chief executive, Eugene Yu, Konnech repeatedly denied keeping data outside the United States, including in statements to The New York Times.Emily Elconin for The New York TimesLos Angeles County dropped criminal charges against the top executive of an elections technology company on Wednesday, bringing to an abrupt end an unusual case that became the focus of Americans who distrust the country’s electoral system.The district attorney’s office said in a statement that it had dropped the case against the executive, Eugene Yu, because of concerns about the “pace of the investigation” and the “potential bias in the presentation” of evidence in the case. The office said the county had assembled a new team to “determine whether any criminal activity occurred.”The prosecutors did not respond to questions about the decision.“Mr. Yu is an innocent man,” Gary Lincenberg, Mr. Yu’s lawyer, said in a statement, adding that “conspiracy theorists” were using the arrest to “further their political agenda.”Last month, Los Angeles prosecutors accused Mr. Yu, the chief executive of Konnech, a small election software company in Michigan, of storing data about poll workers on servers in China, a breach of the company’s contract with the county. The charges related only to poll worker data and had no impact on votes or election results.Mr. Yu, 64, has repeatedly denied sending data to China. The New York Times published an article about the claims and his denials as a part of its coverage of misinformation and elections. Los Angeles prosecutors arrested Mr. Yu the day after the article was published.The abrupt dismissal left several unanswered questions about the case and Mr. Yu’s suspected activities. The district attorney’s office did not clarify whether the company had, in fact, stored data in China. It was also not clear whether additional criminal or civil charges could be filed against Mr. Yu or Konnech from Los Angeles County or dozens of other counties that use Konnech’s election management software.Konnech has about 20 employees in the United States and about 20 customers. It plays no role in the tabulation or counting of votes in American elections. But some election deniers have suggested that Konnech gave the Chinese government a back door to manipulate America’s election process.True the Vote, an organization that claims to be devoted to uncovering election fraud, said at a conference this summer that its team had found and downloaded Konnech’s poll worker data from servers in China. It provided no evidence that it had downloaded the data, but said it had delivered a hard drive to the Federal Bureau of Investigation.Konnech sued True the Vote, along with Catherine Engelbrecht, its founder, and Gregg Phillips, an election denier and longtime associate of the group, accusing them of defamation and hacking. The pair were briefly jailed last week after refusing to release the name of a person involved in the suspected hack of Konnech’s data.In an earlier court filing, Mr. Phillips said he had spoken with the grand jury in Los Angeles County that eventually indicted Mr. Yu. More

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      Election Software Executive Arrested on Suspicion of Theft

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      The executive, Eugene Yu, and his firm, Konnech, have been a focus of attention among election deniers.The top executive of an elections technology company that has been the focus of attention among election deniers was arrested by Los Angeles County officials in connection with an investigation into the possible theft of personal information about poll workers, the county said on Tuesday.Eugene Yu, the founder and chief executive of Konnech, the technology company, was taken into custody on suspicion of theft, the Los Angeles County district attorney, George Gascón, said in a statement.Konnech, which is based in Michigan, develops software to manage election logistics, like scheduling poll workers. Los Angeles County is among its customers.The company has been accused by groups challenging the validity of the 2020 presidential election with storing information about poll workers on servers in China. The company has repeatedly denied keeping data outside the United States, including in recent statements to The New York Times.Mr. Gascón’s office said its investigators had found data stored in China. Holding the data there would violate Konnech’s contract with the county.The State of the 2022 Midterm ElectionsWith the primaries over, both parties are shifting their focus to the general election on Nov. 8.Trouble for Nevada Democrats: The state has long been vital to the party’s hold on the West. Now, Democrats are facing potential losses up and down the ballot.Democrats’ House Chances: Democrats are not favored to win the House, but the notion of retaining the chamber is not as far-fetched as it once was, ​​writes Nate Cohn, The Times’s chief political analyst.Latino Voters: A recent Times/Siena poll found Democrats faring far worse than they have in the past with Hispanic voters. “The Daily” looks at what the poll reveals about this key voting bloc.Michigan Governor’s Race: Tudor Dixon, the G.O.P. nominee who has ground to make up in her contest against Gov. Gretchen Whitmer, is pursuing a hazardous strategy in the narrowly divided swing state: embracing former President Donald J. Trump.The county released few other details about its investigation. But it said in its statement that the charges related only to data about poll workers — and that “the alleged conduct had no impact on the tabulation of votes and did not alter election results.”“Data breaches are an ongoing threat to our digital way of life,” the district attorney’s office said in the statement. “When we entrust a company to hold our confidential data, they must be willing and able to protect our personal identifying information from theft. Otherwise, we are all victims.”In a statement, a spokesman for Konnech said that the company was trying to learn the details “of what we believe to be Mr. Yu’s wrongful detention,” and that it stood by statements it made in a lawsuit against election deniers who had accused the company of wrongdoing.“Any L.A. County poll worker data that Konnech may have possessed was provided to it by L.A. County and therefore could not have been ‘stolen’ as suggested,” the spokesman said.The Los Angeles County district attorney’s office said in an emailed statement that it had cause to believe that personal information on election workers was “criminally mishandled.” It was seeking to extradite Mr. Yu, who lives in Michigan, to Los Angeles.Konnech came under scrutiny this year by several election deniers, including a founder of True the Vote, a nonprofit that says it is devoted to uncovering election fraud. True the Vote said its team had downloaded personal information on 1.8 million American poll workers from a server owned by Konnech and hosted in China. It said it obtained the data by using the server’s default password, which it said was “password,” according to online accounts from people who attended a conference about voter fraud where the claims were made. The group provided no evidence that it had downloaded the data, saying that it had given the information to the Federal Bureau of Investigation.The claims quickly spread online, with some advocates raising concerns about China’s influence on America’s election system.Claims about Konnech reached Dekalb County in Georgia, which was close to signing a contract with the company. The county’s Republican Party chairwoman, Marci McCarthy, raised concerns during a public comment period at the county’s elections board meeting on Sept. 8, questioning where the company stored and secured its data.Konnech rebutted the claims, telling The New York Times that it had records on fewer than 240,000 workers at the time and that it had detected no data breach. Konnech owned a subsidiary in China that developed and tested software. The company said programmers there always used “dummy” test data. The subsidiary was closed in 2021.Last month, Konnech sued True the Vote and Catherine Engelbrecht, its founder, as well as Gregg Phillips, an election denier who often works with the group. Konnech claimed the group had engaged in defamation, theft and a violation of the Computer Fraud and Abuse Act — which made it illegal to access a computer without authorization — among other charges.The judge in the case granted Konnech’s request for an emergency restraining order, which required True the Vote to disclose who had allegedly gained access to Konnech’s data. True the Vote released the name in a sealed court filing. “The organization is profoundly grateful to the Los Angeles district attorney’s office for their thorough work and rapid action in this matter,” the group said in a statement.The Los Angeles district attorney’s office said it was unaware of True the Vote’s investigation and said it had no input on the county’s investigation. More

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      How a Tiny Elections Company Became a Conspiracy Theory Target

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      At an invitation-only conference in August at a secret location southeast of Phoenix, a group of election deniers unspooled a new conspiracy theory about the 2020 presidential outcome.Using threadbare evidence, or none at all, the group suggested that a small American election software company, Konnech, had secret ties to the Chinese Communist Party and had given the Chinese government backdoor access to personal data about two million poll workers in the United States, according to online accounts from several people at the conference.In the ensuing weeks, the conspiracy theory grew as it shot around the internet. To believers, the claims showed how China had gained near complete control of America’s elections. Some shared LinkedIn pages for Konnech employees who have Chinese backgrounds and sent threatening emails to the company and its chief executive, who was born in China.“Might want to book flights back to Wuhan before we hang you until dead!” one person wrote in an email to the company.In the two years since former President Donald J. Trump lost his re-election bid, conspiracy theorists have subjected election officials and private companies that play a major role in elections to a barrage of outlandish voter fraud claims.But the attacks on Konnech demonstrate how far-right election deniers are also giving more attention to new and more secondary companies and groups. Their claims often find a receptive online audience, which then uses the assertions to raise doubts about the integrity of American elections.Unlike other election technology companies targeted by election deniers, Konnech, a company based in Michigan with 21 employees in the United States and six in Australia, has nothing to do with collecting, counting or reporting ballots in American elections. Instead, it helps clients like Los Angeles County and Allen County, Ind., with basic election logistics, such as scheduling poll workers.Konnech said none of the accusations were true. It said that all the data for its American customers were stored on servers in the United States and that it had no ties to the Chinese government.But the claims have had consequences for the firm. Konnech’s founder and chief executive, Eugene Yu, an American citizen who immigrated from China in 1986, went into hiding with his family after receiving threatening messages. Other employees also feared for their safety and started working remotely, after users posted details about Konnech’s headquarters, including the number of cars in the company’s parking lot.“I’ve cried,” Mr. Yu wrote in an email. “Other than the birth of my daughter, I hadn’t cried since kindergarten.”The company said the ordeal had forced it to conduct costly audits and could threaten future deals. It hired Reputation Architects, a public relations and crisis management company, to help navigate the situation.After the conspiracy theorists discovered that DeKalb County in Georgia was close to signing a contract with Konnech, officials there received emails and comments about the company, claiming it had “foreign ties.” The county Republican Party chairwoman, Marci McCarthy, heard from so many members about Konnech that she echoed parts of the conspiracy theory at a public comment period during the county’s elections board meeting.“We have a lot of questions about this vendor,” Ms. McCarthy said.The county signed the contract soon after the meeting.“It’s a completely fabricated issue,” Dele Lowman Smith, the elections board chair, said in an interview. “It’s absolutely bizarre, but it’s part of the tone and tenor of what we’re having to deal with leading up to the elections.”Although Konnech is a new target, the people raising questions about the company include some names notorious for spreading election falsehoods.The recent conference outside Phoenix was organized by True the Vote, a nonprofit founded by the prominent election denier Catherine Engelbrecht. She was joined onstage by Gregg Phillips, an election fraud conspiracy theorist who often works with the group. The pair achieved notoriety this year after being featured in “2000 Mules,” a widely debunked documentary claiming that a mysterious army of operatives influenced the 2020 presidential election.Ms. Engelbrecht and Mr. Phillips claimed at the conference and in livestreams that they investigated Konnech in early 2021. Eventually, they said, the group’s team gained access to Konnech’s database by guessing the password, which was “password,” according to the online accounts from people who attended the conference. Once inside, they told attendees, the team downloaded personal information on about 1.8 million poll workers.A Truth Social account shared the conspiracy theory about Konnech that Gregg Phillips, left on the stage, and Catherine Engelbrecht presented at an event in Arizona in August.Truth SocialThe pair said they had notified the Federal Bureau of Investigation of their findings. According to their story, the agents briefly investigated their claim before turning on the group and questioning whether it had hacked the data.The F.B.I.’s press office said the agency “does not comment on complaints or tips we may or may not receive from the public.”Konnech said in a statement that True the Vote’s claim it had access to a database of 1.8 million poll workers was impossible because, among other reasons, the company had records on fewer than 240,000 poll workers at the time. And the records on those workers are not kept on a single database.The company said it had not detected any data breach, but declined to provide details about its technology, citing security concerns.Konnech once owned Jinhua Yulian Network Technology, a subsidiary out of China, where programmers developed and tested software. But the company said its employees there had always used “generic ‘dummy’ data created specifically for testing purposes.” Konnech closed the subsidiary in 2021 and no longer has employees in China.Konnech sued True the Vote last month, accusing it of defamation, violation of the federal Computer Fraud and Abuse Act, theft and other charges.The judge in the case granted Konnech’s request for an emergency temporary restraining order against the group, writing that Konnech faced “irreparable harm” and that there was a risk that True the Vote would destroy evidence. The order also required True the Vote to explain how it had supposedly gained access to Konnech’s data.True the Vote, Ms. Engelbrecht and Mr. Phillips said they could not comment because of a restraining order issued against them.But in a livestream on social media, Ms. Engelbrecht said the allegations by Konnech were meritless. “True the Vote looks forward to a public conversation about Konnech’s attempts to silence examination of its activities through litigation,” she said.Since the restraining order, True the Vote, Ms. Engelbrecht and Mr. Phillips have told Konnech a new version of their story, changing several important details.Mr. Phillips had explained in a podcast on Aug. 22 that “my analysts” had gained access to the data. But in a letter shared with Konnech’s lawyers, the group claimed that a third party who “was not contracted to us or paid by us” had approached them, claiming it had Konnech’s data. That person, who was unnamed except in a sealed court filing, presented only a “screen share” of “certain elements” of the data. They added that while the group had been provided with a hard drive containing the data, they “did not view the contents,” instead sharing it with the F.B.I.“True the Vote has never obtained or held any data as described in your petition,” they wrote. “This is just one of many inaccuracies contained therein.”The lawsuit did little to slow believers, who continued attacking Konnech. Some employees left the company, citing stress from the crisis, Mr. Yu said. The departures added to the workload among remaining staff just a few weeks before the midterm election.As True the Vote blanketed Konnech’s customers with information requests last year, Mr. Yu sent an email to Ms. Engelbrecht offering his help. True the Vote released that email exchange, including his unredacted email address and phone number, and a trove of other documents related to the company. That gave conspiracy theorists an easy way to target Mr. Yu with threatening messages. He now calls the email he sent naïve.“As we did more research into who they were, it became more and more clear that they had no interest in the truth,” he said. “For them, the truth is inconvenient.”Alexandra Berzon More

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      2020 Election Deniers Seek Out Powerful Allies: County Sheriffs

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      LAS VEGAS — An influential network of conservative activists fixated on the idea that former President Donald J. Trump won the 2020 election is working to recruit county sheriffs to investigate elections based on the false notion that voter fraud is widespread.The push, which two right-wing sheriffs’ groups have already endorsed, seeks to lend law enforcement credibility to the false claims and has alarmed voting rights advocates. They warn that it could cause chaos in future elections and further weaken trust in an American voting system already battered by attacks from Mr. Trump and his allies.One of the conservative sheriffs’ groups, Protect America Now, lists about 70 members, and the other, the Constitutional Sheriffs and Peace Officers Association, does not list its membership but says it conducted trainings on various issues for about 300 of the nation’s roughly 3,000 sheriffs in recent years. It is unclear how many sheriffs will ultimately wade into election matters. Many aligned with the groups are from small, rural counties.But at least three sheriffs involved in the effort — in Michigan, Kansas and Wisconsin — have already been carrying out their own investigations, clashing with election officials who warn that they are overstepping their authority and meddling in an area where they have little expertise.“I’m absolutely sick of it,” said Pam Palmer, the clerk of Barry County, Mich., where the sheriff has carried out an investigation into the 2020 results for more than a year. “We didn’t do anything wrong, but they’ve cast a cloud over our entire county that makes people disbelieve in the accuracy of our ability to run an election.”In recent years, sheriffs have usually taken a limited role in investigations of election crimes, which are typically handled by state agencies with input from local election officials. Republican-led state legislatures, at the same time, have pushed to impose harsher criminal penalties for voting infractions, passing 20 such laws in at least 14 states since the 2020 election.“This is all part and parcel of returning to a world where we’re using the criminal law in a way to make voting harder,” said Sophia Lin Lakin, the interim co-director of the Voting Rights Project at the A.C.L.U. “All the things that used to feel more fringy no longer feel so fringy, as we’re starting to see this very much collective effort.”Richard Mack, center, the founder of the Constitutional Sheriffs and Peace Officers Association, appeared at FreedomFest, a recent event in Las Vegas attended by a range of libertarians and conservatives.Alexandra Berzon/The New York TimesThe sheriff of Racine County in Wisconsin, the state’s fifth-most-populous county, is trying to charge state election officials with felonies for measures they took to facilitate safe voting in nursing homes during the pandemic.In Barry County in Michigan, a rural area that voted overwhelmingly for Mr. Trump, the sheriff has been investigating the 2020 election after becoming involved with efforts by people working on Mr. Trump’s behalf to try to gain access to voting machines.And the sheriff of Johnson County in Kansas, which includes suburbs of Kansas City and is the most populous county in the state, has said he is broadly investigating the county’s 2020 election. At a recent meeting with election officials, he questioned their procedures and integrity, according to a written account from the county’s top lawyer, who sent him a letter expressing concern that he was interfering in election matters.The Johnson County sheriff, Calvin Hayden, said in an interview that sheriffs faced a learning curve.“We don’t know anything about elections,” he said. “We’re cops. We have to educate ourselves on the system, which takes a long, long time.”More From Democracy ChallengedRight-Wing Radio Disinformation: Conservative commentators falsely claim that “Democrats cheat” to win elections, contributing to the belief that the midterm results cannot be trusted.Jan. 6 Timeline: We pieced together President Donald J. Trump’s monthslong campaign to subvert American democracy and cling to power.The Far-Right Christian Push: A new wave of U.S. politicians is mixing religious fervor with conspiracy theories, even calling for the end of the separation of church and state.A Cautionary Tale on Democracy: A New Hampshire man pushed through a drastic budget change in his “Live Free or Die” town, angering the community — and jolting it out of indifference.Hatching election plans in Las VegasThe three sheriffs gathered with a few hundred others at a forum this month in Las Vegas hosted by the Constitutional Sheriffs and Peace Officers Association.Attendees included leaders of True the Vote, a group whose work spreading discredited theories of mass voter fraud inspired the conspiratorial film “2000 Mules”; Mike Lindell, the Trump ally and MyPillow chief executive; and other prominent figures in the 2020 election-denial movement.Speakers urged more sheriffs to open investigations of the 2020 election, which they compared to a rigged sporting event, presenting evidence that rehashed long-disproved theories. One speaker said the way that betting odds had changed on election night constituted proof of a stolen election.Some of the arguments centered on the premise of “2000 Mules”: that an army of left-wing operatives wrongfully flooded drop boxes with absentee ballots in 2020. Many, including William P. Barr, Mr. Trump’s former attorney general and Georgia state officials, have pointed to major flaws in the supposed findings and the flimsy evidence presented.Still, Richard Mack, the founder of the constitutional sheriffs association, said the accusations made in “2000 Mules,” which was released in May, were a “smoking gun” and had persuaded him to make election issues his group’s top priority.Mr. Lindell said in an interview that he and his team had offered the three sheriffs “all of our resources,” including computer experts and data on voters, but that he had made no financial commitments.Mr. Mack speaking at FreedomFest. He said in an interview that accusations of voter fraud made in the conspiratorial film “2000 Mules” were a “smoking gun.”Alexandra Berzon/The New York TimesThe Constitutional Sheriffs and Peace Officers Association, which was formally founded about a decade ago by Mr. Mack, is dedicated to the theory that sheriffs are beholden only to the Constitution and serve as the ultimate authority in a county — above local, state and federal officials and statutes. The group, whose leaders have promoted Christian ideology in government, has been active in supporting fights against gun control laws, immigration laws and federal land management.Protect America Now, founded by Sheriff Mark Lamb of Pinal County, Ariz., and Republican operatives, was announced shortly after the 2020 election. Its principles closely align with many of the constitutional sheriffs association’s, but it has employed more traditional political methods such as running ads.Attempts to interview Mr. Lamb, who has not announced local investigations into election issues, were unsuccessful. Discussing his partnership with True the Vote at a Trump rally in Arizona on Friday, he said sheriffs would do more to hold people accountable for violating election laws. “We will not let happen what happened in 2020,” he said.For conservative activists focused on voter fraud, an alliance with law enforcement seemed natural.True the Vote initially approached state and federal law enforcement agencies with its election claims, but did not provide sufficient evidence to warrant an investigation, officials said.In partnership with Protect America Now, the group has now raised $100,000 toward a goal of $1 million for grants to sheriffs for more video surveillance and a hotline to distribute citizen tips.True the Vote’s executive director, Catherine Engelbrecht, said in a speech at the Las Vegas event that in sheriffs, she had found a receptive audience for her claims.“It’s the sheriffs,” she said. “That’s who we can trust.”A troubled history of law enforcement at the pollsSome conservative activists have also floated the idea of increasing the presence of sheriffs wherever ballots are cast, counted and transported, echoing a proposal by Mr. Trump in 2020 that didn’t gain steam.Deputizing volunteers could even be an option, said Sam Bushman, the national operations director for the constitutional sheriffs association.Jim Marchant, the Republican nominee for secretary of state of Nevada and an attendee in Las Vegas, said that if elected, he would try to “bring sheriffs back in” to the election process.“The deputies are going to be there at the locations to watch for any anomaly,” he said in an interview.Jim Marchant, the Republican nominee for secretary of state in Nevada, said he would like to involve sheriffs in the election process.John Locher/Associated PressFor voting rights groups, the potential presence of law enforcement officers at polling locations evokes a darker period in American democracy, when the police were weaponized to suppress turnout by people of color.Because of this history, state and federal protections limit what law enforcement can do. In California and Pennsylvania, for example, it is a crime for officers to show up at the polls if they have not been called by an election official. In other states, including Flor­ida, North Caro­lina, Ohio and Wiscon­sin, officers must obey local elec­tion offi­cials at the polls, according to the Brennan Center for Justice.Sheriffs interviewed at the Las Vegas event said they were aware of such restrictions and did not want to impede voting. The Barry County, Mich., sheriff, Dar Leaf, said he was more focused on 2020 rather than looking ahead. Others, like Mr. Hayden, said they were considering increased video surveillance of drop boxes.Mr. Mack said, “I don’t think any sheriff is trying to intimidate people not to vote.”Some sheriffs from rural Trump-voting counties said they hadn’t observed major problems to fix in their own counties but supported more sheriff involvement overall. Richard Vaughn, a sheriff in rural Grayson County in Virginia, said he wanted officers to be involved in observing vote counts, and would support election investigations “in areas where there are allegations.” “A lot of people are losing confidence,” he added.Wide-ranging investigative scrutinyElection experts say the activities of the three sheriffs already raise concerns.Sheriff Hayden of Johnson County, Kan., said he had started investigating elections after receiving 200 citizen complaints.He is scrutinizing “ballot stuffing,” “machines” and “all of the issues you hear of nationally,” he said in an interview. Asked what he meant by ballot stuffing, he described the practice of delivering absentee ballots on behalf of other voters. (During the 2020 election, Kansas did not have a law regarding that practice; last year, it passed legislation allowing people to return no more than 10 ballots from other voters.)Mr. Hayden said in a statement that he disagreed with the county lawyer’s depiction of his meeting with election officials and that he was treating the elections work like any other investigation.“Our citizens want to have, and deserve to have, confidence in their local elections,” he said.Election workers sorting mail ballot applications in Olathe, Kan., in 2020. The sheriff of Johnson County, which includes Olathe, has said he is investigating elections.Charlie Riedel/Associated PressMr. Leaf has led an effort to try to investigate voting machines.Emails obtained last year from his department by the news site Bridge Michigan showed that a lawyer identifying Mr. Leaf as his client had communicated about seizing machines with Trump allies who were trying to prove 2020 election conspiracy theories.In December 2020, Mr. Leaf met with a cybersecurity specialist — who was part of the Trump allies’ network — to discuss voting machine concerns, Mr. Leaf said in an interview.Mr. Leaf said he had also been provided with a private investigator for election matters by another lawyer of his, who previously helped Sidney Powell, a former lawyer for Mr. Trump, bring a conspiratorial lawsuit seeking to overturn Michigan’s 2020 results.At one point, someone connected to Mr. Leaf’s investigation gained access to a voting tabulator, according to state police records. State authorities intervened and began investigating Mr. Leaf’s office.Over 18 months, Mr. Leaf’s investigative efforts have changed focus several times, and he has had three search warrant requests rejected for lack of evidence, Julie A. Nakfoor Pratt, the county’s top prosecutor, said in an interview.Mr. Leaf said in a statement, “I took an oath and obligation as sheriff to investigate all potential crimes reported to my office, including election law violations.”In Wisconsin, Mr. Schmaling has tried to charge statewide election officials with violating the law by temporarily suspending election oversight work in nursing homes.Those officials, who serve on the Wisconsin Elections Commission, the state’s bipartisan arbiter of election matters, voted for the suspension in March 2020, as the pandemic was first raging. After investigating a complaint in November 2021, Mr. Schmaling said he had found eight instances of potential fraud.No fraud charges were filed in any of the cases.But in November, Mr. Schmaling issued criminal referrals for five of the six members of the Wisconsin Elections Commission, recommending that the district attorneys in the counties where they live charge them with crimes including felonies.Three of the district attorneys have dismissed the referrals; two have not yet made a decision.Mr. Schmaling, who said his nursing home inquiry took up hundreds of hours, described his decisions as routine. “The bigger picture for me is we exposed something that was wrong, something illegal,” he said. “My goal is to make certain that the law is followed.”But others involved said the actions were an overreach of power.“The idea that the solution for an election whose results you didn’t like is, after the fact, to threaten criminal charges for that public work of a government official is shocking,” said Ann Jacobs, the Democratic chair of the Wisconsin Elections Commission, who faced a criminal referral. “It is chilling. It is the antithesis of how democracy works.” More