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    Why is the midterm vote count taking so long in some US states?

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    ExplainerWhy is the midterm vote count taking so long in some US states?Key races in Arizona, Nevada and Georgia – which could decide the makeup of Congress – are still undecided. Here’s why Two days after the US midterm elections, a sense of deja vu is descending over the country. In a replay of the excruciating events in 2020, when Joe Biden’s presidential victory was declared four days after the polls closed, Americans are yet again asking themselves why they have to wait so long for election results.US midterm elections 2022: Senate and House remain in balance as counting continues – liveRead moreLater in the week, it remained elusive which main party will control both chambers of Congress. In the Senate, Republicans hold 49 seats and the Democrats 48, with two states – Arizona and Nevada – not yet called, and Georgia headed to a runoff.In the House there are still more than 40 seats yet to be called, with at least a dozen of them highly competitive.So what is it about the US electoral system that makes counting votes apparently so tortuously slow?Where are counts still happening, and why?Responsibility for running fair and fast elections, like much of the way the country is governed, is devolved to each of the 50 states. How the count is done, and its speed, varies slightly between each state. (Election deniers have tried to imply that slow counts are somehow irregular or fraudulent. They are not.)The big picture here is that counts are taking extra time in races that are very close. News networks are hesitant to project winners because the margins between candidates are narrow and there are many ballots left to count – and so the need for patience may be justified.In this cycle, much of the heat is engulfing just three states: Arizona, Nevada and Georgia.What’s going on in Arizona?Several of the most consequential races are happening in the border state of Arizona. A US Senate contest between the Democratic incumbent Mark Kelly and Republican challenger Blake Masters could determine which party controls the Senate.There are also consequential state races, including for governor and secretary of state, in which prominent election deniers endorsed by Donald Trump have a shot at winning. So far only 70% of the Arizona vote has been counted.To understand why that is, you have to zoom in to Maricopa county, which covers the state capital, Phoenix. It contains 60% of all votes in Arizona and is the second largest voting jurisdiction in the nation.The number of people who vote early has increased dramatically since the pandemic. This year Maricopa county also saw a surge in the number of early ballots that were dropped off on election day – they are known as “late earlies” – rising to 290,000, the largest number in the state’s history and 100,000 more than in 2020.Each early ballot has to be verified to check that the voter’s signature matches the signature in the voter rolls, and after that is done it is sent to a bipartisan panel for approval and processing. That all takes time, as we are witnessing.Many people have drawn a comparison of Arizona’s vote count with that of Florida, which called its results within hours of polls closing on Tuesday. That state’s system allows election officials to begin counting mail-in ballots as soon as they are received; mail-in ballots have to be requested and must be received by an election supervisor no later than 7pm on election day. But the main reason why Ron DeSantis won his re-election race so quickly on Tuesday was because it was a blowout, with the incumbent Republican governor garnering 59% of the vote while his challenger, Charlie Crist, received only 40%.Had the candidates we are watching in Arizona or elsewhere had such a convincing lead, we would probably not still be waiting for their races to be called. Nonetheless, there are questions that Arizona is going to have to face in future elections.Stephen Richer, who is the recorder of Maricopa county, said that after the dust settles “we will likely want to have a policy conversation about which we value more: convenience of dropping off early ballots on election day or higher percentage of returns with 24 hours of election night”.What about Nevada?Nevada is going a bit faster than Arizona, with 83% of the votes counted, but this year the count could last through Sunday. But like in Phoenix, there are still large numbers of ballots yet to be processed in the big urban areas of Las Vegas and Reno.The state runs its elections largely through mail-in ballots, and that in itself bakes in time. For a mail-in ballot to be counted it has to be postmarked by election day, but the state now allows until four days after election day – 12 November – for the physical envelope to arrive.There is a debate to be had about the merits of such a system. Many election officials stress that it is more important to have a system that is convenient, accurate and accessible than one that is fast.The count in Nevada also has a lot riding on it. That includes a very close race between the sitting US senator Catherine Cortez Masto and Republican challenger Adam Laxalt; three tight contests for US House seats; and a battle involving one of the most visceral election deniers, Jim Marchant, who is running for the job of top election official.And Georgia?Georgia has completed its returns for its critical US Senate race, with the Democratic incumbent Raphael Warnock squeaking ahead of the Trump-endorsed former football star Herschel Walker. But this state runs a system whereby if neither candidate marshals more than 50% of the vote – which neither did – there has to be a runoff election. That feels like groundhog day too – we had to wait until the January after the 2020 election for two Georgia runoff contests to be called before we knew that the Democrats would control the Senate. At least Georgia has speeded up the process: the new voting law SB 202 has significantly shortened the period for this runoff, which will take place on 6 December.TopicsUS midterm elections 2022Postal votingArizonaNevadaGeorgiaUS politicsexplainersReuse this content More

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      ‘We’re watching you’: incidents of voter intimidation rise as midterm elections near

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      ‘We’re watching you’: incidents of voter intimidation rise as midterm elections nearDrop box watchers, threatening letters and harassment – voters and election officials alike report increase in occurrences In suburban Mesa, Arizona, people staked out an outdoor ballot drop box, taking photos and videos of voters dropping off ballots. Some wore tactical gear or camouflage. Some were visibly armed.‘The Trump playbook’: Republicans hint they will deny election resultsRead moreOthers videotaped voters and election workers at a ballot drop box and central tabulation office in downtown Phoenix. They set up lawn chairs and camped out to keep watch through a fence which had been added around the facility for safety after 2020 election protests.Some voters claim the observers approached or followed them in their vehicles. Other observers hung back, watching and filming from at least 75ft from the drop boxes.In total, the Arizona secretary of state has received more than a dozen complaints from voters about intimidation from drop box watchers, many of which have been forwarded to the US Department of Justice and the Arizona attorney general as of late October, as well as a threat sent to the secretary of state herself. A federal judge issued a temporary restraining order on 1 November to limit the watchers’ activities.These activities have led to calls from Maricopa county officials to “decrease the temperature” of heated rhetoric and actions in advance of Tuesday’s midterm elections. But though Arizona has become a hotbed for these tactics, it is also a sign of the mounting national threats to security that voters are facing as the 8 November elections near – part of an orchestrated countrywide strategy pushed by rightwing groups who believe baseless conspiracy theories that the 2020 presidential election was rife with fraud and irregularities.“I think that this drop box monitoring could very likely take hold in a number of different states,” said Jared Davidson, an attorney with Protect Democracy, a non-profit, non-partisan organization involved in one legal challenge against the drop box watchers. “I certainly hope it doesn’t and I hope that a win in our case will send a strong deterrent effect to folks who are organizing in other places.”‘All of a sudden now, we’re reaching voter intimidation’Drop box watching efforts have been largely coordinated by election deniers belonging to several different groups across the country, usually inspired by the viral movie 2000 Mules, which makes false, debunked claims about so-called “mules” stuffing drop boxes with ballots in a widespread spree of fraudulent voting during the 2020 presidential election. In recent months, drop box watchers spread the word on rightwing-friendly social media platforms like Truth Social and Telegram. One of the groups, Clean Elections USA, intends to send the photos, videos and information it collects to True the Vote, the organization behind 2000 Mules, Votebeat reported.The US attorney general, Merrick Garland, said in recent days that the justice department “has an obligation to guarantee a free and fair vote by everyone who’s qualified to vote and will not permit voters to be intimidated”. The department also filed a “statement of interest” in one of the Arizona drop box lawsuits, saying that the behavior probably violates federal voting rights law.In Michigan, a local offshoot of a group called the America Project is training volunteers to set up hidden cameras to monitor drop boxes and to carry guns in case they encounter criminals while watching the boxes, the Detroit Free Press reported.A pastor in Philadelphia, Pennsylvania, told PennLive he had seen increased traffic in his community, where trucks with Maga flags drive through regularly, which he sees as an attempt to intimidate the largely Black community. In response to concerns over such intimidation and efforts by election deniers to recruit and train poll observers and workers, the faith community in Philadelphia is encouraging people to become poll monitors.‘We will be watching’Arizona became a sort of ground zero for drop box watching during early voting in October. Arizona voters extensively use no-excuse mail-in voting, and early voting at the polls and via mail and drop boxes begins 27 days before election day.“There’s nothing in and of itself that’s unlawful to sit and film a drop box – it’s odd behavior in my opinion,” Bill Gates, the Republican chairman of the Maricopa county board of supervisors, said in an interview. “When you have a weapon, and then you have camouflage on, and then you make a statement like ‘I’m out here hunting mules’ – all of a sudden now, we’re reaching voter intimidation.”Rural Yavapai county saw plans for drop box watches in what was dubbed “Operation Drop Box”, organized by the Lions of Liberty, a rightwing group that claims the US has been “hijacked and undermined by global elites, communists, leftists, deep state bureaucrats and fake news”, and the Yavapai County Preparedness Team, which is affiliated with the Oath Keepers extremist group, according to its website. Those groups told their volunteers to “stand down” after they were sued in federal court.But drop box watchers have been encouraged by some rightwing elected officials and candidates who have feigned credulity of false claims of a stolen election. One state lawmaker, the Arizona senator Kelly Townsend, encouraged “vigilantes” to stake out drop boxes (the same lawmaker then said last month that “wearing tactical gear while watching a ballot drop box could be considered voter intimidation”, so people shouldn’t do it). The Republican candidate for Arizona secretary of state, Mark Finchem, tweeted in late October to tell his followers to “WATCH ALL DROP BOXES. PERIOD.” He also urged followers to record voters using them.Voters who have filed complaints against the practice said they felt intimidated and found the drop box watchers’ behavior alarming.“I’m a senior and was very intimidated by his actions,” one complaint about a Phoenix drop box watcher reads.“Camo clad people taking pictures of me, my license plate as I dropped our mail in ballots in the box. When I approached them asking names, group they’re with, they wouldn’t give anything,” another complaint from Phoenix reads.“I felt very intimidated and scared about who was watching me deposit my ballot in the box. A man with a camera was snapping shots of me, my car and my license plate. Definitely without my permission,” yet another reads.The Maricopa county sheriff, Paul Penzone, said that he was increasing security and directing more deputies to monitor the drop box situation in response to claims of voter intimidation. But the presence of uniformed law enforcement can also be a concern for voters who may distrust police, particularly voters of color.On 28 October, federal judge Michael Liburdi ruled against voter advocacy groups in a case brought by the Arizona Alliance for Retired Americans and Voto Latino. Liburdi wrote that, while some voters may be “legitimately alarmed” by the drop box watchers, their activity was protected by the first amendment.But a separate lawsuit from the League of Women Voters of Arizona, represented by the non-profit Protect Democracy, claims the drop box watchers violate the Voting Rights Act of 1965 and the Ku Klux Klan Act of 1871. Also before Judge Liburdi, that case prevailed in getting the practice curtailed in several ways that should make watchers’ activities less threatening to voters.Now, because of a temporary restraining order that Judge Liburdi issued, observers affiliated with the Clean Elections USA group cannot take photos or videos of voters within 75ft of a drop box, nor can they post images online implying someone is committing a crime. They now have to be 250ft away from a drop box if they are wearing body armor or carrying guns. Even then, the threat continues.‘How did we get here?’It’s not just the drop box activities that have election workers, voters and activists worried. Across the country, elected officials have been receiving threats from the same groups that are closing in on voters.One email sent to several workers at the Arizona secretary of state’s office, including the secretary of state herself, Katie Hobbs, vulgarly harassed the employees, threatened to find their addresses using local tax records and referred to the French Revolution. Hobbs, the Democratic gubernatorial candidate for governor, has been subjected to threats after 2020, resulting in federal charges for one man who made a death threat against her. Two other local elected officials, the Maricopa county supervisor, Clint Hickman, and county recorder, Stephen Richer, have faced threats that resulted in federal charges this year as well.The chairs of all 15 Arizona county Democratic parties also received unsigned threatening letters, featuring the words “WE ARE WATCHING YOU”. “Retirees with nothing else to do will be filing hundreds of lawsuits, if not more,” the letter said. “They will be locating your homes, your social media profiles and pictures and posting them online as well.”Bonnie Heidler, the chair of the Pima county Democratic party, received the letter at the office’s headquarters and immediately informed the FBI. She wanted the letter on record, in case anything happens. She pointed out that the language of the letter was similar to an 14 October social media post from Finchem directed at Pima county, in which the candidate said: “We will be watching.”The county party’s building is up for sale, and someone called the realtor saying they wanted to buy the building so they could blow it up, Heidler said. The party is discussing ways to improve security, she added.“What Trump did was, he let the genie out of the bottle. And now we can’t get the genie back in. And that’s the problem. He’s given them credence that they’re ‘very fine people’,” Heidler said.Election workers in other states have also faced harassment and threats for doing their jobs. Election officials now routinely receive calls, voicemails, emails and social media posts that range from vitriolic to frightening.A mother and daughter who were election workers in Georgia told the January 6 committee they were threatened and told they should be jailed or killed.The entire election staff in rural Gillespie county, Texas, quit earlier this year, having finally had enough of the onslaught of harassment and false claims after 2020.The threats have left polling places understaffed or with inexperienced staff, as seasoned election workers decide to leave. In some areas, like Akron, Ohio, local officials have put laws in place to increase penalties for people who harass or interfere with election workers.Few Republicans have stood up to stolen election claims, and the ones who have have faced harsh electoral consequences from Trump’s rabid base. The Republican governor, Doug Ducey, who ignored Trump’s phone call while signing off on Arizona’s 2020 results, is not up for re-election, but he has still largely remained quiet. Arizona’s house speaker, Rusty Bowers, who refused to overturn the election results, lost his primary. County elected officials, who have been steadfast in support of the way the county ran the election, have faced endless outrage and threats.“How did we get here?” Gates said. “We got here because there are a few people that have normalized this sort of behavior, and then a bunch of my fellow Republicans who remain silent while that goes on, out of fear of some political ramification.”He doesn’t think the fervor will die down unless other Republicans start calling out those who are undermining democracy.“Literally, the eyes of the world are on Maricopa county,” Gates said. “If we engage in this kooky behavior, that’s not a good image to be providing to the rest of the country and the rest of the world. We’re better than that.”TopicsUS midterm elections 2022US voting rightsArizonaUS politicsPostal votingfeaturesReuse this content More

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      in US Politics

      Early voters in Arizona midterms report harassment by poll watchers

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      Early voters in Arizona midterms report harassment by poll watchersComplaints detail ballot drop box monitors filming, following and calling voters ‘mules’ in reference to conspiracy film A voter in Maricopa county, Arizona, claims a group of people watching a ballot drop box photographed and followed the voter and their wife after they deposited their ballots at the box, accusing them of being “mules”.Trump’s ‘big lie’ hits cinemas: the film claiming to investigate voter fraudRead moreThe voter filed a complaint with the Arizona secretary of state, who forwarded it to the US Department of Justice and the Arizona attorney general’s office for investigation, according to Sophia Solis, a spokesperson with the secretary of state’s office.The incident allegedly occurred at a Mesa, Arizona, outdoor drop box on the evening of 17 October. Early voting, both in person and via mailed ballots, began on 12 October ahead of the midterm elections.“There’s a group of people hanging out near the ballot drop box filming and photographing my wife and I as we approached the drop box and accusing us of being a mule. They took a photographs [sic] of our license plate and of us and then followed us out the parking lot in one of their cars continuing to film,” the voter wrote in the complaint.In Arizona, voters can only drop off ballots for themselves, people in their households or families, or people they’re providing care for. Other states don’t ban so-called ballot harvesting. The practice became illegal in Arizona in 2016.The incident comes as people in Maricopa and Yavapai counties have started to monitor drop boxes, spurred by the movie 2000 Mules, which makes unsubstantiated claims that “mules” are stuffing ballot boxes with votes. In other states, similar efforts to monitor drop boxes are under way, organized by people who remain convinced the 2020 presidential election was stolen.The Maricopa drop boxes are already under video surveillance by the county and broadcast on a live feed on the county’s website, and the Yavapai drop boxes have cameras mounted on them.Election officials and voter advocacy groups have warned that the practice could lead to voter intimidation. At a press conference in Phoenix on Wednesday, Maricopa county supervisor Bill Gates said people outside the Maricopa county tabulation and election center were approaching and photographing election workers as they went into the site to work.“They’re harassing people. They’re not helping further the interests of democracy. If these people really wanna be involved in the process, learn more about it, come be a poll worker or a poll observer,” Gates said.On Wednesday, a few people with cameras gathered outside a fence around the tabulation center’s parking lot and identified themselves to reporters as part of a group called Clean Elections USA. On its website, the group says it’s looking for “true Patriots to take a stand and watch the drop boxes” by gathering video and witnessing any potential “ballot tampering”.In Yavapai county, groups that planned to organize drop box watches received legal warnings that they could be intimidating voters, halting their plans for coordinated watches, but some people are still watching the boxes from their cars, one of the groups, Lions of Liberty, told local TV station AZFamily.Yavapai county sheriff David Rhodes issued a statement about drop box watching and voter intimidation this week, saying that the number of ballots a person drops off does not indicate a crime or suspicion of a crime. Arizona’s ballot collection law doesn’t specify how many ballots a person can drop off, just the people they can carry ballots for.“It is difficult to know each voter’s circumstance so your behavior towards others attempting to cast ballots must not interfere with that person’s right to vote. Should your actions construe harassment or intimidation you may be breaking Arizona’s voter intimidation laws,” Rhodes wrote.Election officials ask voters to report instances of harassment and intimidation to their local election offices or other authorities, so that those claims can be investigated.TopicsUS midterm elections 2022The fight for democracyArizonaUS politicsUS voting rightsPostal votingnewsReuse this content More

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      in World Politics

      Pandemic Voting Needs America’s Full Attention

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      There is an increasing din in America that this self-congratulatory cradle of democracy is not up to the primal task of planning and implementing a free and fair presidential election in a couple of months. So sullied are we by the institutional failure to hold Trump’s government accountable for anything that there is a growing suspicion that the Trump cabal just might be able to thwart the coming electoral storm by undermining the electoral process at every turn.

      The first checkpoint for the nation on the road to Election Day is to see if anyone has learned anything from the national pandemic response disaster. The same Trump playbook that has left more than 170,000 dead souls in its wake is being dusted off again. And this time, it is the presidential election that is going to take a massive hit if Americans do not collectively and forcefully demand something better.

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      Remember back in early April, less than five months ago? By then, it had become obvious to virtually every public health official and every identified Democrat in America that the coronavirus pandemic was a serious threat to the health and well-being of the nation. All but Trump and his minions demanded a national plan to limit the spread of the disease that included development of treatment protocols, adequate and timely availability of supplies, a uniform and aggressive national testing program with contact tracing, and the federal funding necessary to do all of this. The nation is still waiting for that plan.

      Fast forward to August, now less than three months before the scheduled November 3 presidential election. Even while death and disease ravage large parts of the nation and subvert economic and social well-being, there is an urgent national need to prepare for and ensure a free and fair election process. 

      This should be obvious, even to Republicans who show little interest in free and fair elections. It should be equally obvious that an efficient and uniform national plan for mail-in balloting, early voting and a reduced number of polling places is more critical in this election cycle than ever before, including national standards and the federal resources to ensure compliance. So, why isn’t it happening?

      Human Loss

      The reason is as simple as it has been with the pandemic response: A venal cabal led by an ignorant narcissist will not use the institutions of the federal government to confront urgent problems unless any proposed solutions are sure to work for them and can be defined in politically advantageous terms. Neither human cost nor institutional integrity is part of the calculus.

      As with the federal government’s pandemic response, there is readily at hand the time-honored way to deflect federal government responsibility in America. Make a speech about the urgent problem and then consign responsibility for solving the problem to state and local “laboratories.” This is always done with a pious nod to the US Constitution.

      Embed from Getty Images

      The result has been a patchwork and often conflicting response to gun violence, educational deficits, poverty, health-care reform and infrastructure inadequacies, to name a few. So, Florida, do your own pandemic response. So, South Dakota, bring on the motorcycle madness in the midst of a pandemic. And then just to top it off, make sure that the federal messaging gives each state the right to define “freedom” for its own denizens in a nation with no internal borders. Does this make any sense? Of course not.

      After an initial burst of Trump testosterone and the conjuring of miracles, someone told Trump that if he took charge of the nation’s pandemic response like a real president, he would also bear responsibility if it didn’t work out. And that playing golf while people were dying on your watch would be difficult for someone actually in charge. Back in April, that quickly ended any effort to design and implement a national pandemic response plan.

      So now, it is time to apply the same “logic” to the upcoming presidential election. Someone has told Trump that he is losing the election because he failed to implement a national response to the pandemic. From there, it was a short crossed wire to the message that you can’t lose if there is no election.

      Back to 50 States

      What will save the day for Trump and his minions? That same 50 “laboratories” strategy that has undermined the national pandemic response will now be unleashed to ensure that electoral freedom rings. All Trump has to do this time is the same thing he did in April: undermine any cohesive message, create institutional confusion, and provide neither standards nor resources to ensure a free and fair election. In short, pass the problem to the states and localities and do everything possible to ensure chaos.

      And then, for an insurance policy, appoint a political hack to run the US Postal Service into the ground just when it will be needed most. (Remember the once-proud Centers for Disease Control and Prevention, now reduced to offering compromised pandemic “guidance” as soon as some unnamed Trump acolyte gives them the nod.)

      Even while running around the rest of the world telling other countries that voting and fair elections are singular components of democracy, America has never had a national plan that even begins to address its most fundamental democratic failure, pathetic voter turnout. Further, there are almost no national standards that control voting practices and procedures, even for national elections. In this ambiance of neglect, voting in each of the 50 states has been blighted to some degree by gerrymandering, voter suppression measures and dubious procedures that have thrived to undermine the equity of the US election process.

      The nation does not have the luxury of electoral neglect this time around. In the 2016 presidential election, only a little over 55% of the voting-age population actually bothered to vote. Think about that and how easily chaos thrives when so many don’t care enough to resist. Many will argue that there are lots of reasons for low voter turnout, from ignorance of process to impediments to voter registration and actual voting. Whatever the reason, we are back again to 50 states, 50 voting systems, 50 different sets of impediments to voting and a relatively mobile population.

      Thus, any attempt to undermine the voting process has a lot of entry points and almost no up-front vigilance. It seems that counting the votes of those who do vote is much more important than ensuring that most eligible voters can actually vote.

      The Playbook

      The Trump election playbook is clear: incite division and chaos, divert responsibility to the states and localities, undermine the credibility and capacity of the US Postal Service, repeatedly and falsely disparage the integrity of mail-in ballots, and most importantly, provide daily conflicting messages that will be gobbled up by the press. And this doesn’t even get to Trump’s open-door policy to foreign influence in the election process.

      If somehow Trump seems to have won the election, he will heroically claim victory after having vanquished all the impediments to such an unlikely event and quickly forget that he rigged the election. If Trump seems to have lost the election, he will angrily announce that he cannot honor the results of a rigged election and quickly forget that he was the one who tried to rig it in the first place. The surest path to avoiding either of these outcomes is a forceful institutional response, quickly setting forth a national plan for ensuring a free and fair election. That will have to come from Congress and be reinforced by the media.

      America cannot allow the 50-state “solution” to overwhelm what is left of the country’s democratic foundation. That is the same “solution” that now has over 170,000 corpses crying out for something better. 

      *[A version of this article was cross-posted on the author’s blog, Hard Left Turn.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More