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      Wisconsin Republican Defends Legitimacy of 2020 Election Investigation

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      The Wisconsin Republican leading the state’s partisan inquiry into the 2020 election results on Monday warned election clerks that they would face subpoenas if they did not cooperate and defended the investigation’s legitimacy by declaring that he was not seeking to overturn President Biden’s victory in the state.“We are not challenging the results of the 2020 election,” Michael Gableman, a conservative former State Supreme Court justice overseeing the investigation, argued in a video posted on YouTube. The inquiry, he said, “may include a vigorous and comprehensive audit if the facts that are discovered justify such a course of action.”The video from Mr. Gableman comes after he and Wisconsin’s Republican legislative leaders have faced increasing criticism from both their party’s far right and from Democrats. The right has accused Mr. Gableman of not doing enough to push lies about the 2020 election propagated by former President Donald J. Trump. Democrats have painted the $680,000 inquiry into the election as a waste of state resources and a distraction from other needed business. Mr. Gableman was assigned to look into Mr. Trump’s false claims that the state’s election was stolen from him by Robin Vos, the Republican speaker of the Wisconsin Assembly, nearly three months ago. The five-minute video released on Monday was the first extensive public statement Mr. Gableman has made outlining the scope and aim of his investigation.The Republicans’ continuing effort to re-examine the 2020 results in Wisconsin comes as Trump allies elsewhere have gone to great lengths to undermine Mr. Biden’s victory. Arizona Republicans are near the end of a monthslong review of ballots in Maricopa County. Pennsylvania Republicans last week approved subpoenas for driver’s license and partial Social Security numbers for every voter in the state. And 18 states, including Texas this month, have passed laws this year adding new voting restrictions.In recent weeks, Trump-allied conservatives in Wisconsin have shown public frustration at the pace and transparency of Mr. Gableman’s investigation. This month, a group led by David A. Clarke Jr., a former Milwaukee County sheriff who has been a prominent purveyor of false claims about the election, held a rally at the State Capitol in Madison to protest what it argued was insufficient devotion by Mr. Gableman and the state’s Republican leaders to challenging the 2020 results. Mr. Gableman said on Monday that his investigation would require the municipal officials who operate Wisconsin’s elections to prove that voting was conducted properly. He said local clerks would be required to obey any subpoenas he might issue.Election clerks in Milwaukee and Green Bay ignored previous subpoenas issued by the Republican chairwoman of the Assembly’s elections committee for ballots and voting machines. Mr. Vos had declined to approve those subpoenas.“The responsibility to demonstrate that our elections were conducted with fairness, inclusivity and accountability is on the government and on the private, for-profit interests that did work for the government,” Mr. Gableman said. “The burden is not on the people to show in advance of an investigation that public officials and their contractors behaved dishonestly.”Mr. Gableman added that he did not plan to release information to the public on a regular time frame but would do so when he found it appropriate.“My job as special counsel is to gather all relevant information and, while I will draw my own conclusions, my goal is to put everything I know and everything I learn before you, the citizen, so that you can make up your own mind,” he said.The chairman of the Wisconsin Democratic Party, Ben Wikler, said the Gableman video was evidence that state Republicans were at odds with one another over how far the election investigation should go.“Robin Vos and his far-right ‘investigator’ Michael Gableman are clearly upset that the most extreme fringe doesn’t think they’re going far enough to entertain conspiracy theories,” Mr. Wikler said. “They’re wasting taxpayer funds to serve the political interests of a small group of Republican insiders who want to erode the freedom to vote. It’s a sham, a waste of time and money, and it’s damaging our democracy.” More

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      Republicans Seek Pennsylvania Voters’ Personal Information in 2020 Review

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      Pennsylvania Republicans moved on Wednesday to seek personal information on every voter in the state as part of a brewing partisan review of the 2020 election results, rubber-stamping more than a dozen subpoenas for driver’s license numbers and partial Social Security numbers.The expansive request for personal information, directed at Pennsylvania’s Department of State and approved in a vote by Republicans on a State Senate subcommittee, is the first major step of the election inquiry. The move adds Pennsylvania to a growing list of states that have embarked on partisan-led reviews of the 2020 election, including a widely criticized attempt to undermine the outcome in Arizona’s largest county.Democrats in the State Senate pledged to fight the subpoenas in court, saying at a news conference after the vote on Wednesday that the requests for identifiable personal information were an overreach, lacked authority and potentially violated federal laws protecting voter privacy. “Senate Democrats, going forward, intend to take legal action against this gross abuse of power by filing a lawsuit, challenging in the courts, and to ask the courts to declare the Senate Republicans’ actions in violation of separation of power, as well as declaring that they had no authority to issue these subpoenas,” said State Senator Jay Costa, the minority leader.Democrats control several of the top offices in Pennsylvania — including those of governor, attorney general and secretary of state — and it was not immediately clear what legal basis they might have to challenge the subpoenas. Nor was it clear how the transfer of information would begin to take place, if it does proceed, or which people or entities involved in the review would control the information. While the review will be funded by taxpayers, its potential cost has yet to be revealed. The Department of State did not respond to requests for comment or issue a statement on the subpoenas. Josh Shapiro, the attorney general of Pennsylvania and a Democrat, vowed to fight the subpoenas as well. “There are legal consequences to turning over people’s private, personal information without their permission,” Mr. Shapiro said in an interview. “My office will not allow that to happen. And people can be assured that we will take whatever legal action necessary to protect their private personal information from this charade.”The subpoenas, 17 in all, also included a request for communications between state and county election officials. They did not include requests for election machines or equipment.But election experts still expressed worries about the amount of personal information being requested and the security risks, both to voters and to the electoral process, that could come with such a transfer of information. Such risks have grown increasingly common in partisan election reviews around the country. “That’s a really bad idea to have private information floating around in a Senate caucus,” said Marian K. Schneider, an elections lawyer for the A.C.L.U. of Pennsylvania. “And it’s really not clear how the data is going to be used, who’s going to be looking at it, who can have access, how it’s going to be secured. And it’s unclear to me why they even need the personally identifying information.” Republicans in several states have pursued similar reviews — misleadingly labeled “audits” to suggest an authoritative nonpartisan investigation — in the name of protecting “election integrity.” The reviews have often centered on baseless claims and debunked conspiracy theories about the presidential contest, spurred in part by the falsehoods promoted by former President Donald J. Trump and his allies.President Biden won Pennsylvania by more than 80,000 votes, and the results have been reaffirmed by the state’s Department of State.“The entirety of our proceedings today, issuing subpoenas, is based upon such a noncredible foundation,” said Anthony H. Williams, a Democratic state senator who represents an area near Philadelphia. He added that it was “very troubling and, in fact, leads us to darker days in this country, such as when hearings like these, during the McCarthy era, were held, where voices were silenced and liberties were denied, being bullied by the power of the government.”State Senator Jake Corman, the top Republican in the chamber, who approved the review last month, portrayed the investigation as merely trying to inform future legislation and lashed back at Democrats, asking what they were “scared of.”“All we’re doing is seeking facts, seeking information, so that we can make better public policy,” Mr. Corman said. When questioned by Democrats about why voters’ Social Security and driver’s license information was necessary for the investigation, State Senator Cris Dush, who is leading the review as chair of the Governmental Operations Committee, brought up unspecific and unfounded claims that ineligible voters had cast ballots in the Pennsylvania election. “Because there have been questions regarding the validity of people who have voted, whether or not they exist,” Mr. Dush said. “Again, we’re not responding to proven allegations, we are investigating the allegations to determine whether or not they are factual.” He continued: “If we have the sum errors within the voter registration system which allow for such activity, then we have a responsibility as a legislature to create legislation which will prevent that from happening in future elections.”A chief concern of Democrats, beyond the subpoenas, was which people or companies might gain access to the stockpile of personal information of the nearly seven million Pennsylvanians who cast a ballot in the 2020 election.State Senator Steven J. Santarsiero, a Democrat from the Philadelphia suburbs, pressed Mr. Dush on his selection process. Mr. Santarsiero asked specifically whether any of the vendors the Republicans are considering have ties to Sidney Powell, the lawyer who has popularized many false conspiracy theories about the 2020 election.“The answer to that is I really don’t know, because it is not something that is relevant to my determination,” Mr. Dush responded.“So it’s possible, then?” Mr. Santarsiero asked.“It is absolutely possible,” Mr. Dush said. More

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      False Election Claims in California Reveal a New Normal for G.O.P.

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      In an echo of 2020, Republicans are pushing baseless allegations of cheating in the state’s recall race even before Election Day.The results of the California recall election won’t be known until Tuesday night. But some Republicans are already predicting victory for the Democrat, Gov. Gavin Newsom, for a reason that should sound familiar.Voter fraud.Soon after the recall race was announced in early July, the embers of 2020 election denialism ignited into new false claims on right-wing news sites and social media channels. This vote, too, would supposedly be “stolen,” with malfeasance ranging from deceptively designed ballots to nefariousness by corrupt postal workers.As a wave of recent polling indicated that Mr. Newsom was likely to brush off his Republican challengers, the baseless allegations accelerated. Larry Elder, a leading Republican candidate, said he was “concerned” about election fraud. The Fox News commentators Tomi Lahren and Tucker Carlson suggested that wrongdoing was the only way Mr. Newsom could win. And former President Donald J. Trump predicted that it would be “a rigged election.”This swift embrace of false allegations of cheating in the California recall reflects a growing instinct on the right to argue that any lost election, or any ongoing race that might result in defeat, must be marred by fraud. The relentless falsehoods spread by Mr. Trump and his allies about the 2020 election have only fueled such fears.“I very honestly believe there were irregularities and fraudulent activity,” Elena Johnson, 65, a teacher in Los Angeles County who was in the crowd at a rally for Mr. Elder last week in Ventura County, said of the presidential contest last year. “It was stolen.”Because of her concerns about voter fraud in the 2020 election, Ms. Johnson said, she would be casting her ballot in person on Tuesday instead of by mail. She said she was supporting the Republican because she thought California, her adopted home after immigrating from the Philippines 40 years ago, was on the brink. “California is where I came, and California is where I want to stay,” she said.Since the start of the recall, allegations of election fraud have been simmering on social media in California, with daily mentions in the low thousands, according to a review by Zignal Labs, a media tracking agency.But singular claims or conspiracy theories, such as a selectively edited video purporting to show that people with a post office “master key” could steal ballots, have quickly ricocheted around the broader conservative ecosystem. The post office video surpassed one million views, amplified by high-profile Trump allies and members of the conservative news media.Nationally, Republican candidates who deny the outcomes of their elections remain outliers. Hundreds of G.O.P. candidates up and down the ballot in 2020 accepted their defeats. But at the same time, many of them joined Mr. Trump in the assault on the presidential race’s outcome, and in other recent election cycles, candidates, their allies and the conservative news media have increasingly expressed doubts about the validity of the electoral process.And while false claims of wrongdoing have long emerged in the days and weeks after elections, Republicans’ quick turn in advance of the California recall — a race that was always going to be a long shot for them in a deep-blue state — signals the growing normalization of crying fraud.“This is baked into the playbook now,” said Michael Latner, an associate professor of political science at California Polytechnic Institute. As soon as the recall was official, he added, “you already started to see stories and individuals on social media claiming that, you know, they received five ballots or their uncle received five ballots.”Some Republican leaders and strategists around the country worry that it is a losing message. While such claims may stoke up the base, leaders fear that repeatedly telling voters that the election is rigged and their votes will not count could have a suppressive effect, leading some potential Republican voters to stay home.Republican officials have tried to encourage their voters to vote by mail while also acknowledging their worries about fraud.Rich Pedroncelli/Associated PressThey point to the Senate runoff elections early this year in Georgia, where two Republican incumbents, Senators Kelly Loeffler and David Perdue, were ousted by first-time Democratic challengers. Though the state had just voted Democratic in the presidential election for the first time in decades, the Senate races were seen as an even taller task for Democrats.But in the months after the November general election, Mr. Trump fired off countless attacks against the legitimacy of the Georgia contests, floating conspiracy theories and castigating the Republican secretary of state and governor for not acquiescing to his desire to subvert the presidential election. When the runoffs came, more than 752,000 Georgians who had voted in November did not cast ballots, according to a review by The Atlanta Journal-Constitution. More than half of those voters were from constituencies that lean toward Republican candidates, the review found.“The person that they most admired in their conservative beliefs was telling them that their vote didn’t count,” said Lt. Gov. Geoff Duncan of Georgia, a Republican, referring to Mr. Trump. “And then the next day he would tell him that the election was rigged, and then the next day he would tell them, ‘Why even show up?’ And they didn’t. And that alone was enough to swing the election to the Democrat side.”“This whole notion about fraud and elections,” Mr. Duncan continued, “it’s a shiny object that quite honestly is about trying to save face and not own reality.”Republican officials in California have performed a balancing act, trying to acknowledge their voters’ worries about fraud while ensuring that the same voters trust the state’s vote-by-mail system enough to cast a ballot. Party officials have promoted mail voting on social media, and have leaned on popular members of Republican leadership, including Representative Kevin McCarthy of California, the minority leader, to cut videos preaching the security of voting by mail.But some leading Republicans in the state have simultaneously denounced a bill passed by the State Legislature this month that would permanently enact a mail voting expansion that was introduced as an emergency measure in 2020. Republicans in the Legislature have continued to baselessly claim that mail voting invites fraud and that drop boxes remain unsecure.“I can tell you story after story in my district,” State Senator Shannon Grove, a Republican from Bakersfield, said during a floor debate this month. She added that the Democrats who dominate the chamber would admit they had also heard complaints “if you guys were honest.”The state Republican Party has also ramped up what it calls an election integrity operation, which aims to recruit more poll watchers and is directing voters to a hotline to send in complaints of fraud. The program, according to Jessica Millan Patterson, the chair of the state party, was designed to assure voters that the California election would be secure.Larry Elder has changed his position on whether he thought President Biden won the election fairly.Allison Zaucha for The New York Times“My entire focus,” Ms. Patterson said in an interview, “is to build trust and faith within our process and make sure people are confident.” She added that she was not paying attention to the national conversation about voter fraud and that she was not worried about the Republican effort hurting turnout because “our No. 1 turnout operation is having Gavin Newsom as our governor every day.”“I’ve always focused on California; everything outside of that is noise,” Ms. Patterson said. “We have to fix our own house before we can worry about what’s going on at the national level.”Mr. Elder, the Republican challenger to Mr. Newsom who has claimed without evidence that there will be “shenanigans” in the voting process, has also set up a tip line for voters to offer evidence of fraud.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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      McCarthy Threatens Technology Firms That Comply With Riot Inquiry

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      The top House Republican said his party would retaliate against any company that cooperated with an order to preserve the phone and social media records of G.O.P. lawmakers.WASHINGTON — Representative Kevin McCarthy, the House Republican leader, has threatened to retaliate against any company that complies with the congressional committee investigating the Jan. 6 riot, after the panel asked dozens of firms to preserve the phone and social media records of 11 far-right members of Congress who pushed to overturn the results of the 2020 election.Mr. McCarthy’s warning was an escalation of his efforts to thwart a full accounting of the deadly attack at the Capitol carried out by a pro-Trump mob, and his latest attempt to insulate the former president and Republican lawmakers from scrutiny of any ties to the violence. It came after he led the G.O.P. opposition to the creation of an independent bipartisan commission to investigate the riot, and then pulled five Republican congressmen from the select committee that Democrats created on their own, boycotting the proceedings.In preservation orders the special committee sent to 35 technology firms this week, members of the panel included the names of hundreds of people whose records they might want to review, among them some of Donald J. Trump’s most ardent allies in Congress, according to several people familiar with the documents who were not authorized to speak about their contents.The 11 Republicans are Representatives Andy Biggs and Paul Gosar of Arizona, Lauren Boebert of Colorado, Mo Brooks of Alabama, Madison Cawthorn of North Carolina, Matt Gaetz of Florida, Marjorie Taylor Greene of Georgia, Louie Gohmert of Texas, Jody B. Hice of Georgia, Jim Jordan of Ohio and Scott Perry of Pennsylvania.The preservation demands were accompanied by a statement that said the committee was merely “gathering facts, not alleging wrongdoing by any individual.” But the inclusion of the Republicans’ names, reported earlier by CNN, indicated that the panel planned to scrutinize any role they may have played in fueling the violence.“These are the individuals who have been publicly supportive of Jan. 6 and the people who participated in the insurrection on Jan. 6,” Representative Bennie G. Thompson, Democrat of Mississippi and the panel’s chairman, said in an interview.“We need to find out exactly what their level of participation in this event was,” he said. “If you helped raise money, if you provided misinformation to people, if you served on a planning committee — whatever your role in Jan. 6, I think the public has a right to know.”The panel has not asked to preserve the records of Mr. McCarthy, who has said he had a tense phone call with Mr. Trump as the mob laid siege to the Capitol, but Mr. Thompson said the top Republican’s name could yet be added.Mr. Thompson said Mr. McCarthy’s protestations were “typical of somebody who may or may not have been involved in Jan. 6 and doesn’t want that information to become public.”On Tuesday, Mr. McCarthy said Republicans would “not forget” and “hold accountable” those tech companies that preserve records sought by the committee. His remarks followed denunciations of the committee’s work by Representative Jim Banks, Republican of Indiana, who has called the panel’s tactics “authoritarian,” and Mr. Trump, who has called it a “partisan sham.”Ms. Greene threatened on Fox News that telecommunications companies that cooperated with the investigation would be “shut down.”Mr. McCarthy asserted, without citing any law, that it would be illegal for the technology companies to cooperate with the inquiry, even though congressional investigations have obtained phone records before. He said that if his party won control of the House, it would use its power to punish any that did.“If these companies comply with the Democrat order to turn over private information, they are in violation of federal law and subject to losing their ability to operate in the United States,” Mr. McCarthy wrote on Twitter on Tuesday. “If companies still choose to violate federal law, a Republican majority will not forget and will stand with Americans to hold them fully accountable under the law.”Representative Jamie Raskin, Democrat of Maryland and a member of the committee, said he was stunned by Mr. McCarthy’s remarks, describing them as akin to obstructing an investigation.“He is leveling threats against people cooperating with a congressional investigation,” Mr. Raskin said. “That’s an astounding turn of events. Why would the minority leader of the House of Representatives not be interested in our ability to get all of the facts in relation to the Jan. 6 attack?”Barbara L. McQuade, a former U.S. attorney and University of Michigan law professor, called Mr. McCarthy’s claims “baseless,” noting that the panel had not requested the content of any communication.“He is falsely portraying the committee as overreaching so that he can protect his own political interests, to the detriment of Congress’s ability to do its job and the public trust in our institutions of government,” she said.In the past week, the select committee has ramped up its work, taking three wide-ranging investigative steps: a records demand to seven federal agencies focusing in part on any ties Mr. Trump may have had to the attack’s planning or execution; a document demand to 15 social media companies for material about efforts to overturn the election and domestic violent extremists who may have been involved; and the record preservation orders including the Republican representatives.The 11 Republicans include lawmakers who spearheaded the effort to challenge the election outcome in Congress on Jan. 6 and those who played at least some role in the “Stop the Steal” effort to protest the results, including promoting rallies around the country and the one in Washington whose attendees attacked the Capitol.Some of the lawmakers named in the order have continued to publicly spread the election lies that inspired the riot, and to allude to the possibility of more violence to come. Mr. Cawthorn falsely claimed on Sunday that the election had been “rigged” and “stolen,” telling a crowd in Franklin, N.C., that if elections were not safeguarded in the future, it could result in “bloodshed.”The select committee has been meeting twice a week, even during Congress’s summer recess, as its members plan their next steps. Mr. Thompson said two more hearings were in the works, one to dig deeper into the pressure campaign Mr. Trump and his allies started to overturn President Biden’s victory, and another to explore who encouraged militia and extremist groups to come to Washington before the assault.Representative Bennie G. Thompson, right, and members of the select committee have ramped up their work in the past week. Stefani Reynolds for The New York Times“There’s a concern on the committee about the executive branch leaning on state elected officials to change the outcome of the election,” Mr. Thompson said. “There’s concern about the identification with domestic terrorist organizations and their participation and encouragement to participate in the Jan. 6 march and insurrection.”Last week, the panel sought communications among top Trump administration officials about attempts to place politically loyal personnel in senior positions in the run-up to the attack; the planning and funding of pro-Trump rallies on Jan. 5 and 6; and other attempts to stop or slow the process of Mr. Trump handing over the presidency to Mr. Biden.It demanded records of communications between the White House and Ali Alexander, who publicized the “Stop the Steal” rallies, as well as Tom Van Flein, Mr. Gosar’s chief of staff.Representative Adam B. Schiff, Democrat of California and a committee member, said the requests were “broad” by design as the panel sought to produce a “comprehensive report.” He said they could be expanded to include more members of Congress if evidence emerges to suggest it is necessary.“We know that there are members who were involved in the ‘Stop the Steal’ rally; we know that there are members who had direct communications with the president while the attack on the Capitol was going on,” he said. “There are any number of members who have very pertinent information.”On Friday, the panel sent letters to 15 social media companies — including sites where misinformation about election fraud spread, such as the pro-Trump website theDonald.win — seeking any documents in their possession pertaining to efforts to overturn the election and any domestic violent extremists associated with the Jan. 6 rally and attack.The committee had already asked for records on extremist groups and militias that were present at the Capitol that day, including QAnon, the Proud Boys, Stop the Steal, the Oath Keepers and the Three Percenters. A person familiar with the committee’s discussions said its members intended to investigate more deeply plans among militia groups to coordinate.At least 10 suspected militia extremists attended paramilitary training in Ohio, Florida and North Carolina before the breach, according to court documents. Suspected domestic violent extremists also “coordinated efforts to bring tactical equipment to the event, presumably in anticipation of violence,” according to an April homeland security analysis obtained by The New York Times through a public records request filed by the group Property of the People.“There were undoubtedly insurrectionist groups that were dead-set on committing violence,” Mr. Raskin said. “If you listen to their chatter post-Jan. 6, it’s all abut how close they came, and next time they will be carrying arms.”The records preservation request delivered on Monday asked telecommunications companies to keep on file information about cell tower locations, text messages and call logs, and information uploaded to cloud storage systems.Representative Zoe Lofgren, Democrat of California and a member of the committee, emphasized that the request was “an investigation, not an accusation.”“We’ll see what we find out,” she said. “It’s fair to say you didn’t have 10,000 people just happen to show up and attack Capitol Police officers, maim them and threaten to kill the vice president and members of Congress just because they felt like it. There was a reason, there was a structure to this, and we need to uncover everything about that.” More

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      How G.O.P. Election Reviews Created a New Security Threat

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      As Republicans continue to challenge the 2020 results, voting equipment is being compromised when partisan insiders and unvetted operatives gain access.Late one night in May, after surveillance cameras had inexplicably been turned off, three people entered the secure area of a warehouse in Mesa County, Colo., where crucial election equipment was stored. They copied hard drives and election-management software from voting machines, the authorities said, and then fled.The identity of one of the people dismayed state election officials: It was Tina Peters, the Republican county clerk responsible for overseeing Mesa County’s elections.How the incident came to public light was stranger still. Last month in South Dakota, Ms. Peters spoke at a disinformation-drenched gathering of people determined to show that the 2020 election had been stolen from Donald J. Trump. And another of the presenters, a leading proponent of QAnon conspiracy theories, projected a portion of the Colorado software — a tool meant to be restricted to election officials only — onto a big screen for all the attendees to see.The security of American elections has been the focus of enormous concern and scrutiny for several years, first over possible interference or mischief-making by foreign adversaries like Russia or Iran, and later, as Mr. Trump stoked baseless fears of fraud in last year’s election, over possible domestic attempts to tamper with the democratic process.But as Republican state and county officials and their allies mount a relentless effort to discredit the result of the 2020 contest, the torrent of election falsehoods has led to unusual episodes like the one in Mesa County, as well as to a wave of G.O.P.-driven reviews of the vote count conducted by uncredentialed and partisan companies or people. Roughly half a dozen reviews are underway or completed, and more are being proposed.These reviews — carried out under the banner of making elections more secure, and misleadingly labeled audits to lend an air of official sanction — have given rise to their own new set of threats to the integrity of the voting machines, software and other equipment that make up the nation’s election infrastructure.Election officials and security experts say the reviews have created problems ranging from the expensive inconvenience of replacing equipment or software whose security has been compromised to what they describe as a graver risk: that previously unknown technical vulnerabilities could be discovered by partisan malefactors and exploited in future elections.In Arizona, election officials have moved to replace voting machines in the state’s largest county, Maricopa, after conservative political operatives and other unaccredited people gained extensive access to them as they conducted a widely criticized review of the 2020 results. In Pennsylvania, the secretary of state decertified voting equipment in rural Fulton County after officials there allowed a private company to participate in a similar review.And in Antrim County, Mich., a right-wing lawyer publicized a video showing a technical consultant with the same vote tabulator the county had used — alarming county officials who said that the consultant should not have had access to the device or its software.Tina Peters, the clerk of Mesa County, Colo., during a news conference in June 2020.Mckenzie Lange/The Grand Junction Daily Sentinel, via Associated PressWhen such machines fall into the wrong hands — those of unaccredited people lacking proper supervision — the chain of custody is broken, making it impossible for election officials to guarantee that the machines have not been tampered with, for example by having malware installed. The only solution, frequently, is to reprogram or replace them. At least three secretaries of state, in Arizona, Pennsylvania and Colorado, have had to decertify voting machines this year.Far from urging panic, experts caution that it would be extremely difficult if not impossible to meddle with voting results on a nationwide scale because of the decentralized nature of American elections.But experts say that the chain of custody for election machines exists for good reason.Already this year, three federal agencies — the Justice Department, the Cybersecurity and Infrastructure Security Agency and the Election Assistance Commission — have issued updated guidance on how to handle election machines and preserve the chain of custody.“There are some serious security risks,” said J. Alex Halderman, a professor of computer science and engineering at the University of Michigan who studies election security. “Especially given the constellation of actors who are receiving such access.”Republicans say they are simply looking for the answers their constituents are demanding about the 2020 election.“This has always been about election integrity,” Karen Fann, the Republican leader of the Arizona Senate, which authorized that state’s election review, said in an interview posted on the state party’s website last month. “Nothing else. Absolutely nothing else. This is about making sure that our votes are counted.”Security experts say that election hardware and software should be subjected to transparency and rigorous testing, but only by credentialed professionals. Yet nearly all of the partisan reviews have flouted such protocols and focused on the 2020 results rather than hunting for security flaws.In Arizona, the firm chosen by the Republican-led Legislature, Cyber Ninjas, had no previous experience auditing elections, and its chief executive has promoted conspiracy theories claiming that rigged voting machines cost Mr. Trump the state. The company also used Republican partisans to help conduct its review in Maricopa County, including one former lawmaker who was at the Jan. 6 protest in Washington that preceded the Capitol riot..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-1rh1sk1{margin:0 auto;overflow:hidden;}.css-1rh1sk1 strong{font-weight:700;}.css-1rh1sk1 em{font-style:italic;}.css-1rh1sk1 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#ccd9e3;text-decoration-color:#ccd9e3;}.css-1rh1sk1 a:visited{color:#333;-webkit-text-decoration-color:#ccc;text-decoration-color:#ccc;}.css-1rh1sk1 a:hover{-webkit-text-decoration:none;text-decoration:none;}In Wisconsin, the Republican Assembly speaker, Robin Vos, is pushing for a review of the 2020 results to be led by a former State Supreme Court justice who claimed in November that the election had been stolen. And in Pennsylvania, the Republican leader of the State Senate has announced hearings that he likened to a “forensic investigation” of the election, saying it could include issuing subpoenas to seize voting machines and ballots.Christopher Krebs, the former head of the federal Cybersecurity and Infrastructure Security Agency, said such reviews could easily compromise voting machines. “The main concern is having someone unqualified come in and introduce risk, introduce something or some malware into a system,” he said. “You have someone that accesses these things, has no idea what to do, and once you’ve reached that point, it’s incredibly difficult to kind of roll back the certification of the machine.”Decertifying machines effectively means replacing them, often in a hurry and at great cost. Philadelphia’s elections board rejected an earlier G.O.P. request for access to the city’s election machines, saying it would cost more than $35 million to buy new ones.In Arizona, Secretary of State Katie Hobbs, a Democrat, told Maricopa County in May that her office would decertify 385 machines and nine vote tabulators that had been handed over for the G.O.P.-led election review.“The issue with the equipment is that the chain of custody was lost,” Ms. Hobbs said in an interview. “The chain of custody ensures that only authorized people have access to it, so that that vulnerability can’t be exploited.”Pulling compromised machines out of service and replacing them is not a foolproof solution, however.The equipment could have as-yet-undiscovered security weaknesses, Mr. Halderman said. “And this is what really keeps me up at night,” he said. “That the knowledge that comes from direct access to it could be misused to attack the same equipment wherever else it’s used.”A polling place in Philadelphia in November. Subpoenas could be issued to seize voting machines and ballots as part of a Republican-led investigation into Pennsylvania’s results in the 2020 election.Kriston Jae Bethel for The New York TimesAs an example of his concerns, Mr. Halderman pointed to Antrim County in northern Michigan, where, months after a court-ordered forensic audit in the county, a lawyer involved with the case who has frequently shared election conspiracy theories still appeared to have access to a Dominion Voting Systems ballot-scanning device and its software.The lawyer, Michael DePerno, posted a video from a conservative news site featuring a technical consultant who went to elaborate and highly implausible lengths to try to show that votes in the county — which Mr. Trump carried by a wide margin — could have been switched. (County officials said this could not have happened.)The device and its software are only supposed to be in the possession of accredited officials or local governments. “I was shocked when I saw they had a tabulator in their video,” said Sheryl Guy, the county clerk, who is a Republican.Neither Mr. DePerno nor Dominion Voting Systems responded to requests for comment.Easily the most bizarre breakdown of election security so far this year was the incident in Mesa County, Colo.The first sign of suspicious activity surfaced in early August, when a conservative news site, Gateway Pundit, posted passwords for the county’s election machines, the result of a separate breach in the county from the same month.A week later, the machines’ software showed up on large monitors at the South Dakota election symposium, organized by the conspiracy theorist Mike Lindell.Jena Griswold, the Colorado secretary of state, said her office had concluded that the passwords leaked out when Ms. Peters, the Mesa County clerk, enlisted a staff member to accompany her to and surreptitiously record a routine voting-machine maintenance procedure. Gateway Pundit published the passwords a week before the gathering in South Dakota.Ms. Griswold’s office is investigating and has said that Ms. Peters will not be allowed to oversee elections in November.Ms. Peters, who has called the investigation politically motivated, did not respond to repeated requests for comment. In an online interview with Mr. Lindell, the chief executive of MyPillow, she admitted to copying the hard drives and software but insisted she had simply backed them up because of some perceived but unspecified threat to the data. She also cited unfounded conspiracy theories about Dominion equipment.“I was concerned that vital statistics and information was being deleted from the system or could be deleted from the system, and I wanted to preserve that,” she said.But she flatly denied leaking the passwords or software. “I did not post, did not authorize anyone to post, any election data or software or passwords online,” she said.Even so, the secretary of state’s office said that Colorado counties had never been advised to make copies of their election machines’ hard drives.“It is a serious security breach,” Ms. Griswold said in an interview. “This is election officials, trusted to safeguard democracy, turning into an internal security breach.”The local district attorney has opened a separate inquiry into the episode and is being assisted by the F.B.I. and the Colorado attorney general’s office. Ms. Griswold, a Democrat, said she had also alerted the Cybersecurity and Infrastructure Security Agency.But Ms. Griswold said she worried that with so many Republican leaders “leaning into the big lie,” the risks of what she called an “insider security issue” were growing.“I think it’s incredibly time-sensitive that elections are set up to guard both from external and internal threats,” she said. More

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      Reporter Discusses False Accusations Against Dominion Worker

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      Through one employee of Dominion Voting Systems, a Times Magazine article examines the damage that false accusations can inflict.Times Insider explains who we are and what we do, and delivers behind-the-scenes insights into how our journalism comes together.As Susan Dominus, a staff writer for The New York Times Magazine, approached her reporting for an article on the attacks on Dominion Voting Systems, a business that supplies election technology, she wanted to tell the story of one of the Dominion employees who was being vilified by supporters of President Trump.She zeroed in on one man: Eric Coomer, whose anti-Trump social media posts were used to bolster false allegations that Dominion had tampered with the election, leading to death threats. Her article, published on Tuesday, is a case study in what can happen when information gets wildly manipulated. In an edited interview, Ms. Dominus discussed what she learned.How did you come upon Eric Coomer — did you have him in mind all along? Or did you want to do something on Dominion and eventually found your way to him?The Magazine was interested in pursuing a story about how the attacks on Dominion Voting Systems — a private business — were dramatically influencing the lives of those who worked there, people who were far from public figures. Many employees there were having their private information exposed, but early on, a lot of the threats were focusing on Eric Coomer, who was then the director of product strategy and security at Dominion. Eventually, people such as the lawyers Sidney Powell and Rudy Giuliani and the president’s son Eric Trump were naming him in the context of accusations about Dominion fixing the election.What was the biggest surprise you came across in your reporting?I was genuinely surprised to find that Mr. Coomer had expressed strong anti-Trump sentiments, using strong language, on his Facebook page. His settings were such that only his Facebook friends could see it, but someone took a screenshot of those and other divisive posts, and right-wing media circulated them widely. The posts were used in the spread of what cybersecurity experts call malinformation — something true that is used to support the dissemination of a story that is false. In this case, it was the big lie that the election was rigged. I think to understand the spread of spurious information — to resist its lure, to fight it off — these distinctions are helpful to parse. Understanding the human cost of these campaigns also matters. We heard a lot about the attacks on Dominion, but there are real people with real lives who are being battered in a battle they had no intention of joining, whatever their private opinions.There were so many elaborate theories of election fraud involving Dominion. How important were the accusations against Eric Coomer in that bigger story?It’s hard to say. But Advance Democracy Inc., a nonpartisan nonprofit, looked at the tweets in its database from QAnon-related accounts and found that, from Nov. 1 to Jan. 7, Eric Coomer’s name appeared in 25 percent of the ones that mentioned Dominion. Coomer believes the attacks on Dominion were somewhat inevitable but considered his own role as “an accelerant.”Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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      Facebook Said to Consider Forming an Election Commission

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      The social network has contacted academics to create a group to advise it on thorny election-related decisions, said people with knowledge of the matter.Facebook has approached academics and policy experts about forming a commission to advise it on global election-related matters, said five people with knowledge of the discussions, a move that would allow the social network to shift some of its political decision-making to an advisory body.The proposed commission could decide on matters such as the viability of political ads and what to do about election-related misinformation, said the people, who spoke on the condition of anonymity because the discussions were confidential. Facebook is expected to announce the commission this fall in preparation for the 2022 midterm elections, they said, though the effort is preliminary and could still fall apart.Outsourcing election matters to a panel of experts could help Facebook sidestep criticism of bias by political groups, two of the people said. The company has been blasted in recent years by conservatives, who have accused Facebook of suppressing their voices, as well as by civil rights groups and Democrats for allowing political misinformation to fester and spread online. Mark Zuckerberg, Facebook’s chief executive, does not want to be seen as the sole decision maker on political content, two of the people said.Mark Zuckerberg, Facebook’s chief executive, testified remotely in April about social media’s role in extremism and misinformation. Via ReutersFacebook declined to comment.If an election commission is formed, it would emulate the step Facebook took in 2018 when it created what it calls the Oversight Board, a collection of journalism, legal and policy experts who adjudicate whether the company was correct to remove certain posts from its platforms. Facebook has pushed some content decisions to the Oversight Board for review, allowing it to show that it does not make determinations on its own.Facebook, which has positioned the Oversight Board as independent, appointed the people on the panel and pays them through a trust.The Oversight Board’s highest-profile decision was reviewing Facebook’s suspension of former President Donald J. Trump after the Jan. 6 storming of the U.S. Capitol. At the time, Facebook opted to ban Mr. Trump’s account indefinitely, a penalty that the Oversight Board later deemed “not appropriate” because the time frame was not based on any of the company’s rules. The board asked Facebook to try again.In June, Facebook responded by saying that it would bar Mr. Trump from the platform for at least two years. The Oversight Board has separately weighed in on more than a dozen other content cases that it calls “highly emblematic” of broader themes that Facebook grapples with regularly, including whether certain Covid-related posts should remain up on the network and hate speech issues in Myanmar.A spokesman for the Oversight Board declined to comment.Facebook has had a spotty track record on election-related issues, going back to Russian manipulation of the platform’s advertising and posts in the 2016 presidential election.Lawmakers and political ad buyers also criticized Facebook for changing the rules around political ads before the 2020 presidential election. Last year, the company said it would bar the purchase of new political ads the week before the election, then later decided to temporarily ban all U.S. political advertising after the polls closed on Election Day, causing an uproar among candidates and ad-buying firms.The company has struggled with how to handle lies and hate speech around elections. During his last year in office, Mr. Trump used Facebook to suggest he would use state violence against protesters in Minneapolis ahead of the 2020 election, while casting doubt on the electoral process as votes were tallied in November. Facebook initially said that what political leaders posted was newsworthy and should not be touched, before later reversing course.The social network has also faced difficulties in elections elsewhere, including the proliferation of targeted disinformation across its WhatsApp messaging service during the Brazilian presidential election in 2018. In 2019, Facebook removed hundreds of misleading pages and accounts associated with political parties in India ahead of the country’s national elections.Facebook has tried various methods to stem the criticisms. It established a political ads library to increase transparency around buyers of those promotions. It also has set up war rooms to monitor elections for disinformation to prevent interference.There are several elections in the coming year in countries such as Hungary, Germany, Brazil and the Philippines where Facebook’s actions will be closely scrutinized. Voter fraud misinformation has already begun spreading ahead of German elections in September. In the Philippines, Facebook has removed networks of fake accounts that support President Rodrigo Duterte, who used the social network to gain power in 2016.“There is already this perception that Facebook, an American social media company, is going in and tilting elections of other countries through its platform,” said Nathaniel Persily, a law professor at Stanford University. “Whatever decisions Facebook makes have global implications.”Internal conversations around an election commission date back to at least a few months ago, said three people with knowledge of the matter. An election commission would differ from the Oversight Board in one key way, the people said. While the Oversight Board waits for Facebook to remove a post or an account and then reviews that action, the election commission would proactively provide guidance without the company having made an earlier call, they said.Tatenda Musapatike, who previously worked on elections at Facebook and now runs a nonprofit voter registration organization, said that many have lost faith in the company’s abilities to work with political campaigns. But the election commission proposal was “a good step,” she said, because “they’re doing something and they’re not saying we alone can handle it.” More

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      The Trump Clown Car Has a Smashup in Arizona

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      Monday was supposed to be a banner day for former President Donald Trump and the MAGAverse. After multiple delays, legal challenges and public controversies, the results of the third — and hopefully final — review of the presidential voting in Maricopa County, Ariz., was scheduled for delivery to its Republican sponsors in the State Senate. At long last, the proof of mass election fraud would be laid out for all to see! Mr. Trump would be vindicated! Maybe even reinstated!At least, that’s what MAGA die-hards hunkered down in their bunkers of disinformation were hoping. Most everyone else — including plenty of Arizona officials from both parties — just wanted this gong show to end.Alas, it was not to be. On Monday, the Republican president of the State Senate, Karen Fann, announced that the Cyber Ninjas, the Florida-based firm overseeing the recount, had not yet completed a full draft report after all. It seems the firm’s chief executive and two other members of the “audit team” had come down with Covid-19. Also, the State Senate had only just received images of the ballot envelopes from Maricopa County, which still needed to be analyzed for inclusion in the final report.And so the spectacle grinds on.The clown-car chaos in Arizona is a near-perfect distillation of what Mr. Trump has done to the Republican Party, as well as much of the broader public. On what feels like a daily basis, he beats the drum about a stolen election, setting a tuneful lie that many Republican voters still dance to as the party mandarins look on, in either active support or silence. The political ramifications of this disinformation will be on display in Arizona’s U.S. Senate race next year, as well as those elsewhere, as independents and moderates assess if this is the party they want to reward.But there’s another cost that should worry all of us: the integrity of election audits, which are important and are necessary. While many secretaries of state are now pushing for new standards for such audits, the Arizona recount stands as an object lesson about the embarrassing damage to democracy that one party can inflict when led by a sore loser who still manages to scare people.For those who have blissfully forgotten the Arizona back story: Mr. Trump was mad about narrowly losing the state to Joe Biden. He was madder still when two recounts of vote-rich Maricopa County confirmed his loser status. Desperate to appease him and his devoted base, a gaggle of Republican state senators arranged for yet another review, this one run according to their preferences and overseen by private contractors of their choosing. The result has been a poisonous, partisan P.R. stunt so poorly executed that it makes the hunt for a new “Jeopardy!” host look smooth by comparison.From the jump, it was clear that Arizona’s Republican lawmakers weren’t interested in putting together a serious audit. Ms. Fann tapped the Cyber Ninjas to run the show, despite the firm’s total lack of auditing experience — and despite it not submitting a formal proposal. How did this happen? It may have helped that the firm’s chief executive, Doug Logan, had tweeted his support of some of the wackier election-fraud conspiracy theories. (Venezuela? Really?)The Republican lawmakers arranged for state taxpayers to foot part of the bill — an outrage in itself. But the Cyber Ninjas also gathered millions in private funding from Trump supporters. These include the former chief executive of Overstock.com, himself another spreader of election-fraud manure; a nonprofit group led by the former Trump administration official and QAnon flirt Michael Flynn; and a nonprofit founded by a host on the MAGA-tastic One America News Network.As for the ballot counting process, the word “squirrelly” doesn’t begin to cover it. Among other absurdities, the ballots were examined for secret watermarks and for bamboo fibers, a nod to the conspiracy theory that fake ballots had been shipped over from Asia. And forget careful screening of workers for political bias. Among those hired was the former state lawmaker Anthony Kern, a “stop the steal” crusader who was photographed on the steps of the U.S. Capitol during the Jan. 6 riot. (After a reporter posted a picture on Twitter of Mr. Kern at a counting table, the ex-lawmaker was removed over concerns about “optics.”)In an independent evaluation of the process, Barry Burden, the head of the Elections Research Center at the University of Wisconsin-Madison, and Trey Grayson, a former Republican secretary of state in Kentucky, detailed the review’s many “maladies.” “They include processing errors caused by a lack of basic knowledge, partisan biases of the people conducting the audit, and inconsistencies of procedures that undermine the reliability of the review and any conclusions they may draw. In particular, the operation lacks the consistency, attention to detail and transparency that are requirements for credible and reliable election reviews.”Even some Republican officials have had enough. In May, the Maricopa County Board of Supervisors, a Republican-dominated body, accused state lawmakers of having “rented out the once good name of the Arizona State Senate” to “grifters.”Last week, the Maricopa County recorder, a Republican, issued a long prebuttal to the Ninjas’ expected report, lamenting that the process had been an unnecessary disaster, that its results could not be trusted and that it was time for his party to “move forward.”If only.Some of the costs of the recount are easier to calculate than others. Because of concerns that the security of its voting machines had been compromised during the review, Maricopa County decertified the equipment. Last week, county officials demanded that the State Senate shell out $2.8 million for the purchase of new machines. Ms. Fann promptly pooh-poohed the request, but if the Senate doesn’t officially respond within 60 days, the county can sue.However the Arizona odyssey ends, officials who care about restoring faith in the electoral system should take steps to prevent such nonsense from spreading. The Republicans’ recount was never going to change the outcome of the 2020 race. But it did become a model for Trump dead-enders across the nation — a beacon of obduracy.At its summer conference this month, the National Association of Secretaries of State overwhelmingly recommended establishing concrete guidelines for postelection audits. Among other measures, they advised states to adopt timelines for audits, to ensure that area election officials remain central to the process and to rely only on state or federally accredited test labs. Outside contractors, they urged, should be used sparingly and operate under intensive oversight.Having observed the slow-rolling Arizona debacle, states would be well served to install guard rails sooner rather than later. If there’s one thing the Trump years taught the nation, it’s that you cannot simply rely on public officials to operate in good faith or abide by widely accepted norms.Serious, well-run audits play an important role in safeguarding the integrity of elections. What Arizona’s Republican senators arranged, by contrast, is what you’d get if you crossed a clown pageant with a QAnon convention and made the whole thing open bar. The whole mess would be entertaining if it weren’t so destructive.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: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More