Voter Fraud (Election Fraud)

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      They Insisted the 2020 Election Was Tainted. Their 2022 Primary Wins? Not So Much.

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      Republicans are accepting their primary victories with little concern about the voter fraud they once falsely claimed caused Donald J. Trump’s loss.This spring, when Representative Mo Brooks of Alabama was fighting to win over conservatives in his campaign for Senate, he ran a television ad that boasted, “On Jan. 6, I proudly stood with President Trump in the fight against voter fraud.”But when Mr. Brooks placed second in Alabama’s Republican primary last week, leaving him in a runoff, he said he was not concerned about fraud in his election.“If it’s a close race and you’re talking about a five- or 10-vote difference, well, then, it becomes a greater concern,” he said of his primary results. “But I’ve got more important fish to fry. And so, at some point, you have to hope that the election system is going to be honest.”Mr. Brooks was one of 147 Republican members of Congress who voted on Jan. 6, 2021, to object to the results of the 2020 presidential election. Hundreds more Republican state legislators across the country took similar action in their own capitals. President Biden’s victory, they said, was corrupted by either outright fraud or pandemic-related changes to voting.Now, many of those Republicans are accepting the results of their primaries without complaint. Already this year, 55 of the lawmakers who objected in 2020 have run in competitive primaries, contests conducted largely under the same rules and regulations as those in 2020. None have raised doubts about vote counts. No conspiracy theories about mail ballots have surfaced. And no one has called for a “forensic audit” or further investigations of the 2022 primary results.Republicans’ easy acceptance of a voting system they once slammed as broken exposes a fundamental contradiction in their complaints about the 2020 election. Claims about fraud and stolen elections are often situational — used in some races (against Democrats) but not others (against other Republicans), and to challenge some outcomes (losing) but not others (winning).Mr. Brooks placed second in last week’s Republican primary, but made it into the June 21 runoff.Charity Rachelle for The New York TimesThis phenomenon was on clear display in 2020, when scores of Republicans who repeated allegations about a “rigged” presidential race accepted their own victories based on the same ballots.But the lack of discussion about fraud in this year’s primaries highlights a particular strain of partisanship driving many of the myths about stolen elections.Mr. Brooks offered a simple answer to why he’s not worried about his race: There’s no fraud in Republican primaries, he said.After the Georgia Primary ElectionThe May 24 races were among the most consequential so far of the 2022 midterm cycle.Takeaways: G.O.P. voters rejected Donald Trump’s 2020 fixation, and Democrats backed a gun-control champion. Here’s what else we learned.Rebuking Trump: The ex-president picked losers up and down the ballot in Georgia, raising questions about the firmness of his grip on the G.O.P.G.O.P. Governor’s Race: Brian Kemp scored a landslide victory over David Perdue, delivering Mr. Trump his biggest setback of the 2022 primaries.2018 Rematch: Stacey Abrams, the Democratic nominee for governor, will again face Mr. Kemp — but in a vastly different political climate.“I’m in a Republican primary, and noncitizens don’t normally vote in Republican primaries,” Mr. Brooks said. “In a Republican primary or a Democrat primary, the motivation to steal elections is less because the candidates’ philosophy-of-government differences are minor.”Noncitizens don’t vote in any federal elections in significant numbers, in Alabama or elsewhere, according to a 2020 report from the Cato Institute, a libertarian think tank. Investigators from both parties have unearthed only minuscule numbers of any type of voter fraud. In recent years, the rare instances of broad fraud schemes that have become public have been engineered by Republicans, including an absentee ballot scheme in North Carolina that led the state’s Board of Elections to order a redo of a House race in 2018.Not all Republicans who spread false claims about the legitimacy of the 2020 presidential election considered their own races to be exempt. Some said that “fraud existed” in their own elections and that investigations were needed. Still, they accepted their victories.“We don’t know how much fraud exists or existed because we weren’t able to see,” Representative Scott Perry of Pennsylvania told a local CBS affiliate a week after the 2020 election. Mr. Perry focused on Philadelphia as a source for fraud in the presidential race and called for additional review. He also said he was “humbled” to take his seat in the House.In the Pennsylvania primaries last week, Mr. Perry ran for re-election unopposed. He did not respond to messages left on his cellphone, and his campaign did not return requests for comment.The Republican effort to sow skepticism about elections in racially diverse Democratic cities is a generations-long project, with roots as far back as Richard Nixon’s 1960 defeat against John F. Kennedy. By the time Mr. Trump lost the 2020 election, he and millions of his supporters were primed to believe false allegations about “ballot harvesting” and machines miscounting in America’s populous cities. Mr. Brooks said in an interview that, in Alabama, fraud occurred “in predominantly Democrat parts of the state.”Part of the reason Republican candidates are accepting primary results without talking about fraud is they don’t have Democrats to blame, said Trey Grayson, the former Republican secretary of state in Kentucky.“They’re thinking it’s a primary, it’s our side. We didn’t lose to somebody on the other side who is evil, who’s going to change policy more dramatically,” Mr. Grayson said in an interview. “There’s a tribal, ‘my side’s always right, your side is always wrong. We’re not stealing elections, your side is stealing elections.’”Representative Madison Cawthorn of North Carolina accepted his defeat in the Republican primary on May 17.Logan R. Cyrus for The New York TimesEven candidates who lost this year, either in close elections or decisive defeats, have accepted the results. Representative Madison Cawthorn, who had still been promoting falsehoods about the 2020 election on social media a week before his primary election, conceded and called his rival, Chuck Edwards, the night of his loss.When asked if Mr. Cawthorn had any concerns about fraud in the election, a spokesman for his congressional office declined to comment.In Georgia, the statewide Republican primaries were high-profile contests between Trump-aligned election deniers and officials who blocked Mr. Trump’s attempt to overturn the results. Representative Jody Hice spent much of his campaign railing about Brad Raffensperger, the secretary of state, and his mismanaging elections.Understand the 2022 Midterm ElectionsCard 1 of 6Why are these midterms so important? More

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      Lawyer Who Plotted to Overturn Trump Loss Recruits Election Deniers to Watch Over the Vote

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      A central figure in the scheme to reverse the 2020 election is mobilizing grass-roots activists into an “army of citizens” trained to aggressively monitor elections.In a hotel conference center outside Harrisburg, Pa., Cleta Mitchell, one of the key figures in a failed scheme to overturn Donald J. Trump’s defeat, was leading a seminar on “election integrity.”“We are taking the lessons we learned in 2020 and we are going forward to make sure they never happen again,” Ms. Mitchell told the crowd of about 150 activists-in-training.She would be “putting you to work,” she told them.In the days after the 2020 election, Ms. Mitchell was among a cadre of Republican lawyers who frantically compiled unsubstantiated accusations, debunked claims and an array of confusing and inconclusive eyewitness reports to build the case that the election was marred by fraud. Courts rejected the cases and election officials were unconvinced, thwarting a stunning assault on the transfer of power.Now Ms. Mitchell is prepping for the next election. Working with a well-funded network of organizations on the right, including the Republican National Committee, she is recruiting election conspiracists into an organized cavalry of activists monitoring elections.In seminars around the country, Ms. Mitchell is marshaling volunteers to stake out election offices, file information requests, monitor voting, work at polling places and keep detailed records of their work. She has tapped into a network of grass-root groups that promote misinformation and espouse wild theories about the 2020 election, including the fiction that President Biden’s victory could still be decertified and Mr. Trump reinstated.One concern is the group’s intent to research the backgrounds of local and state officials to determine whether each is a “friend or foe” of the movement. Many officials already feel under attack by those who falsely contend that the 2020 election was stolen.An extensive review of Ms. Mitchell’s effort, including documents and social media posts, interviews and attendance at the Harrisburg seminar, reveals a loose network of influential groups and fringe figures. They include election deniers as well as mainstream organizations such as the Heritage Foundation’s political affiliate, Tea Party Patriots and the R.N.C., which has participated in Ms. Mitchell’s seminars. The effort, called the Election Integrity Network, is a project of the Conservative Partnership Institute, a right-wing think tank with close ties and financial backing from Mr. Trump’s political operation.Ms. Mitchell says she is creating “a volunteer army of citizens” who can counter what she describes as Democratic bias in election offices.“We’re going to be watching. We’re going to take back our elections,” she said in an April interview with John Fredericks, a conservative radio host. “The only way they win is to cheat,” she added.The claim that Mr. Trump lost the election because of improper conduct in election offices or rampant voter fraud is false. Mr. Trump’s defeat was undisputed among election officials and certified by Democrats and Republicans, with many recounts and audits verifying the outcome. Mr. Trump’s Justice Department found no evidence of widespread fraud. Mr. Trump lost more than 50 of his postelection challenges in court.Campaigns, parties and outside groups from both sides of the political spectrum regularly form poll-monitoring operations and recruit poll workers. And Republicans have in the past boasted of plans to build an “army” of observers, raising fears about widespread voter intimidation and conflict at the polls that largely have not materialized.Some former election officials say they are hopeful that when election skeptics observe the process they may finally be convinced that the system is sound. But several who examined Ms. Mitchell’s training materials and statements at the request of The New York Times sounded alarms about her tactics.Ms. Mitchell’s trainings promote particularly aggressive methods — with a focus on surveillance — that appear intended to feed on activists’ distrust and create pressure on local officials, rather than ensure voters’ access to the ballot, they say. A test drive of the strategy in the Virginia governor’s race last year highlighted how quickly the work — when conducted by people convinced of falsehoods about fraud — can disrupt the process and spiral into bogus claims, even in a race Republicans won.“I think it’s going to come down to whether they are truly interested in knowing the truth about elections or they’re interested in propagating propaganda,” said Al Schmidt, a Republican and former city commissioner of Philadelphia who served on the elections board.Asked about her project at the Pennsylvania training, Ms. Mitchell declined an interview request and asked a reporter to leave.In a statement emailed later, she said: “The American election system envisions citizen engagement and we are training people to assume the roles outlined in the statutes.”Ms. Mitchell’s operation sits at a tension point for her party. While the establishment is eager to take advantage of the base’s energy and outrage over 2020, some are wary of being associated with — or held accountable for — some of the more extreme people in the movement. The feeling is mutual among activists, many of whom believe the R.N.C. did not do enough to back Mr. Trump’s challenge.The Republican National Committee’s involvement is part of a return to widespread election-work organizing. For nearly 30 years, the committee was limited in some operations by a consent decree after Democrats accused party officials in New Jersey of hiring off-duty police officers and posting signs intended to scare Black and Latino people away from voting. The committee was freed of restrictions in 2018.This year, its multimillion-dollar investment includes hiring 18 state “election integrity” directors and 19 state “election integrity” lawyers. The party has so far recruited more than 5,000 poll watchers and nearly 12,000 poll workers, according to the committee. These efforts are separate from the Election Integrity Network, said Emma Vaughn, an R.N.C. spokeswoman.But in multiple states, the R.N.C. election integrity directors have been involved in Ms. Mitchell’s events. Ms. Vaughn acknowledged that party officials participate in events hosted by other groups to recruit poll workers and poll watchers. She noted that in many states poll monitors must be authorized by the party. The R.N.C. is training its monitors to comply with laws protecting voting rights, she said.“The R.N.C. works with other groups who have an interest in promoting election integrity, but the party’s efforts are independent from any outside organization,” Ms. Vaughn said.Harnessing the EnergySince 2020, scores of local groups have popped up around the country to promote claims about the election. Many are run by activists with little experience in politics or elections but who have amassed sizable membership lists and social media followers. They are spurred on by national figures touring the circuit and spreading false claims.Ms. Mitchell stepped in to harness that energy.The 71-year-old lawyer has been a steady and influential force in the voting battles. Once a liberal Democrat in Oklahoma, Ms. Mitchell has been a fixture in the conservative movement. She has represented the National Rifle Association and was on the board of the American Conservative Union. She has worked closely with Virginia Thomas, the wife of the Supreme Court justice Clarence Thomas, on organizing through the Council for National Policy, a national coordinating group for conservative leaders.In August 2020, Mr. Trump tapped her to prepare for postelection litigation. She enlisted John Eastman, the lawyer who crafted specious legal theories claiming Vice President Mike Pence could keep Mr. Trump in power. “A movement is stirring,” Ms. Mitchell wrote to Mr. Eastman just two days after Election Day. “But needs constitutional support.”Ms. Mitchell helped the president argue his case to state officials. She was on the phone with Mr. Trump when he asked Brad Raffensperger, Georgia’s secretary of state, to “find 11,780 votes” that could reverse Mr. Trump’s defeat there.Her latest effort is organized through the Conservative Partnership Institute, a nonprofit organization where she serves as a senior legal fellow and where Mark Meadows, Mr. Trump’s final White House chief of staff, is a senior partner. Mr. Trump’s political action committee, Save America PAC, donated $1 million to the group last year.Ms. Mitchell has described herself as a key conduit between activists and Republican Party leadership.“We are trying to bridge the gap between the grassroots and some of the issues we’ve had with the party,” she told trainees at the event outside Harrisburg.Ms. Mitchell is no doubt connecting with some of the fringe groups and ideas some in the party once avoided.In Virginia, for example, Ms. Mitchell helped a nonprofit organize a coalition that includes Virginians for America First, a group advocating for hand-counting ballots. It’s a position popular among some of those who believe conspiracy theories about foreign hacking in the 2020 election. The group was funded by Patrick Byrne, the former Overstock.com executive who is now a major benefactor of the election denial movement.Mark Finchem, a state representative from Arizona, at a MAGA rally at the Michigan State Capitol in Lansing, Mich., in March.Nic Antaya for The New York TimesIn Michigan, Ms. Mitchell’s group held a training session in May that was sponsored in part by a coalition of grass-roots groups called the Michigan Election Protection Team. The R.N.C.’s state election integrity director brought together the coalition to recruit poll workers. According to its website, the coalition includes LaRouchePAC, a committee dedicated to Lyndon LaRouche, the deceased conspiracy theorist, and Let’s Fix Stuff, an outfit run by a former Republican state senator who has promoted a theory about the 2020 election that Republican Michigan Senate leaders denounced as “indefensible.”The R.N.C. sent both its national and state election integrity directors to Ms. Mitchell’s training near Harrisburg. The state director, Andrea Raffle, had worked alongside Ms. Mitchell for months on the event, one of the speakers told the attendees. Ms. Raffle, as well as an organizer from Heritage Action, would be joining a new coalition of election activists led by Toni Shuppe, a fast-rising state activist, organizers announced.Ms. Shuppe’s group, Audit the Vote PA, has become a leading peddler of misleading data about the election in Pennsylvania. Last year, the group set out to find evidence of fraud by canvassing neighborhoods in search of discrepancies between election results and information collected from residents, a method that election experts dismiss as invalid.Ms. Shuppe has admitted to flaws in her data but stands by the conclusions of her analysis. Earlier this year, she circulated a petition that declared citizens’ right “to throw off such government that intends to keep the truth behind the 2020 election hidden.”Now, Ms. Shuppe is recruiting election activists, using what she learned at Ms. Mitchell’s and other training sessions, she said in an interview. So far, around 200 people have signed up, she said.“Just know that we have a plan,” she wrote the day after the Harrisburg seminar to her 15,000 Telegram subscribers. “We’ll never quit. This must be fixed. There is no going back to sleep. And 2020 still needs decertified.”Election workers in Philadelphia sorting through ballots the day after Election Day in 2020.Kriston Jae Bethel for The New York Times‘Is That a Friend or Foe?’Much of Ms. Shuppe’s plan is laid out in “The Citizens Guide to Building an Election Integrity Infrastructure,” a 19-page manual Ms. Mitchell has distributed at trainings and online.The document includes some typical guidelines for poll monitors, but elections experts also noted tactics that aren’t routine. The manual advises activists to “be ever-present” inside elections offices, and to meet with post office officials to observe “every step” of the vote-by-mail process allowed by law. They’re advised to keep careful records, including details on any “encounter that is intended to make you uncomfortable being at the election offices.”They recommend aggressively crowdsourcing the accuracy of the voter rolls by collecting affidavits from residents and mailing letters to try to identify potential “bad addresses.” They advise each group to enlist tech-savvy volunteers who, they suggest, can become expert on the specific software and equipment in each county and “what the vulnerabilities are.”The Trump InvestigationsCard 1 of 8Numerous inquiries. More

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      Grand Jury Begins Trump Inquiry in Georgia With Up to 50 Subpoenas

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      The district attorney in Fulton County, Ga., is weighing racketeering charges connected to G.O.P. attempts to overturn the 2020 election.ATLANTA — As many as 50 witnesses are expected to be subpoenaed by a special grand jury that will begin hearing testimony next week in the criminal investigation into whether former President Donald J. Trump and his allies violated Georgia laws in their efforts to overturn his 2020 election loss in the state.The process, which is set to begin on Wednesday, is likely to last weeks, bringing dozens of subpoenaed witnesses, both well-known and obscure, into a downtown Atlanta courthouse bustling with extra security because of threats directed at the staff of the Fulton County district attorney, Fani T. Willis.Ms. Willis, a Democrat, has said in the past that Mr. Trump created a threatening atmosphere with his open criticism of the investigation. At a rally in January, he described the Georgia investigation and others focusing on him as “prosecutorial misconduct at the highest level” that was being conducted by “vicious, horrible people.” Ms. Willis has had staffers on the case outfitted with bulletproof vests.But in an interview on Thursday, she insisted the investigation was not personal.“I’m not taking on a former president,” Ms. Willis said. “We’re not adversaries. I don’t know him personally. He does not know me personally. We should have no personal feelings about him.”A special grand jury will begin hearing testimony next week in the criminal investigation into whether former President Donald J. Trump and his allies violated Georgia laws.Doug Mills/The New York TimesShe added that she was treating Mr. Trump as she would anyone else. “I have a duty to investigate,” she said. “And in my mind, it’s not of much consequence what title they wore.”Ms. Willis emphasized the breadth of the case. As many as 50 witnesses have declined to talk to her voluntarily and are likely to be subpoenaed, she said. The potential crimes to be reviewed go well beyond the phone call that Mr. Trump made to Georgia’s secretary of state, Brad Raffensperger, on Jan. 2, 2021, during which he asked him to find enough votes to reverse the election results.Ms. Willis is weighing racketeering among other potential charges and said that such cases have the potential to sweep in people who have never set foot in Fulton or made a single phone call to the county.Her investigators are also reviewing the slate of fake electors that Republicans created in a desperate attempt to circumvent the state’s voters. She said the scheme to submit fake Electoral College delegates could lead to fraud charges, among others — and cited her approach to a 2014 racketeering case she helped lead as an assistant district attorney, against a group of educators involved in a cheating scandal in the Atlanta public schools.“There are so many issues that could have come about if somebody participates in submitting a document that they know is false,” she said. “You can’t do that. If you go back and look at Atlanta Public Schools, that’s one of the things that happened, is they certified these test results that they knew were false. You cannot do that.”Mr. Raffensperger, a Republican, is likely to be one of the better-known figures to testify before the grand jury. His office confirmed on Friday that he and Gabriel Sterling, the chief operating officer for the secretary of state’s office, had received subpoenas and planned to appear soon before the panel.In the Republican primary on Tuesday, Mr. Raffensperger defeated a Trump-endorsed candidate, Representative Jody Hice, who supported the former president’s false claims of election fraud.Mr. Raffensperger will now vie for a second term in the general election in November, in which he is hoping to benefit from the national name recognition, and bipartisan kudos, he received after standing up to Mr. Trump.Secretary of State Brad Raffensperger, a Republican, is likely to be one of the better-known figures to testify before the grand jury. Audra Melton for The New York TimesMs. Willis declined to divulge the names of witnesses who will be called before the grand jury. But two Democratic state senators, Jen Jordan and Elena Parent, said on Thursday that they had received subpoenas to appear. Both senators serve on a judiciary subcommittee that heard Rudolph W. Giuliani, Mr. Trump’s lawyer at the time, give a presentation in December 2020 in which he laid out a number of baseless allegations of electoral fraud.The Trump InvestigationsCard 1 of 8Numerous inquiries. More

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      5 G.O.P. Candidates for Michigan Governor Are Disqualified Over Forged Signatures

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      Five Republican candidates for Michigan governor were disqualified by a state canvassing board on Thursday for submitting nominating petitions that officials said had contained thousands of forged signatures. The decision sent the race, in a key battleground state, into chaos and dealt a serious blow to the party’s plans to challenge Gov. Gretchen Whitmer, the Democratic incumbent.The five candidates, half of the party’s field, were denied a spot on the Aug. 2 primary ballot by the Board of State Canvassers, including James Craig, a former Detroit police chief, and Perry Johnson, a wealthy businessman.Both had widely been viewed as favorites for the Republican nomination before election officials this week rejected thousands of signatures gathered on behalf of the candidates, finding that the names had been forged and were collected by fraudulent petition circulators.The ruling was expected to draw a host of lawsuits from Republicans, who have characterized the move as politically motivated.“It is a travesty that partisans in a position to uphold democracy and the will of the people allowed politics to get in the way,” Mr. Craig said in a statement on Thursday, vowing to appeal the decision in court.Deadlocked along party lines, with two Democrats supporting the disqualification and two Republicans opposing it, the canvassing board upheld a recommendation by the Michigan Bureau of Elections to exclude the candidates. A candidate must get a majority of votes from the board’s four members to be certified for a spot on the ballot.On Monday, the elections bureau determined that the five Republican candidates for governor did not meet the requirement of submitting signatures from at least 15,000 registered voters.In a statement on Thursday, Ron Weiser, the chairman of the Michigan Republican Party, sharply criticized the decision.“The way this bureau deviated from its historical practice is unprecedented, and I think the arguments laid out by the challengers should have their time in court,” Mr. Weiser said. “This is about fighting against voter disenfranchisement and for choice at the ballot box.”John Yob, a campaign strategist for Mr. Johnson, did not immediately respond to a request for comment on Thursday. In a series of tweets on Monday night, Mr. Yob said Mr. Johnson’s campaign would challenge the ruling.Perry Johnson greeting supporters last month at the Michigan Republican Convention.Daniel Shular/Mlive.Com/The Grand Rapids Press, via Associated PressRepublicans have directed criticism at the head of the state agency that runs the elections bureau: Jocelyn Benson, a Democrat who is secretary of state.A spokeswoman for Ms. Benson declined to comment on Thursday after the canvassing board’s decision, noting that it is an independent entity.In its review this week of the nominating petitions, the elections bureau issued a stinging indictment of the methods used by the candidates’ campaigns to collect signatures and the operatives working for the candidates.“The bureau is unaware of another election cycle in which this many circulators submitted such a substantial volume of fraudulent petition sheets consisting of invalid signatures,” the bureau said. It also clarified that it saw no evidence that the candidates had any knowledge of the fraud.Understand the Battle Over U.S. Voting RightsCard 1 of 6Why are voting rights an issue now? More

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      The Big Lie and the Midterms

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      Eric Krupke, Mooj Zadie, Nina Feldman and Paige Cowett and Marion Lozano and Listen and follow The DailyApple Podcasts | Spotify | StitcherIn Pennsylvania, a candidate falsely claiming election fraud in 2020 prevailed in a crowded Republican primary for governor. But in Georgia, two incumbents — the governor and the secretary of state — beat back challenges from “stop the steal” opponents.Is re-litigating the 2020 election a vote winner for Republicans? Or is it increasingly becoming a losing issue?On today’s episodeReid J. Epstein, a politics reporter for The New York Times who covers campaigns and elections.Gov. Brian Kemp of Georgia resoundingly won the Republican nomination against a candidate backed by former President Donald J. Trump.Nicole Craine for The New York TimesBackground readingTwo G.O.P. primaries in Georgia exposed the limit of Donald J. Trump’s hold on his party’s base.But Doug Mastriano’s win in Pennsylvania has provoked dissension and anxiety among Republican strategists, donors and lobbyists.There are a lot of ways to listen to The Daily. Here’s how.Transcripts of each episode are available by the next workday. You can find them at the top of the page.Reid J. Epstein contributed reporting.The Daily is made by Lisa Tobin, Rachel Quester, Lynsea Garrison, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Larissa Anderson, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Dan Powell, Dave Shaw, Sydney Harper, Robert Jimison, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Kaitlin Roberts, Rachelle Bonja, Diana Nguyen, Marion Lozano, Corey Schreppel, Anita Badejo, Rob Szypko, Elisheba Ittoop, Chelsea Daniel, Mooj Zadie, Patricia Willens, Rowan Niemisto, Jody Becker, Rikki Novetsky and John Ketchum.Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Paula Szuchman, Cliff Levy, Lauren Jackson, Julia Simon, Mahima Chablani, Sofia Milan, Desiree Ibekwe, Wendy Dorr, Elizabeth Davis-Moorer, Jeffrey Miranda, Renan Borelli and Maddy Masiello. More

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      Trump Lawyers Are Focus of Inquiry Into Alternate Electors Scheme

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      In recent subpoenas, federal prosecutors investigating alternate slates of pro-Trump electors sought information about Rudolph W. Giuliani, John Eastman and others.The Justice Department has stepped up its criminal investigation into the creation of alternate slates of pro-Trump electors seeking to overturn Joseph R. Biden Jr.’s victory in the 2020 election, with a particular focus on a team of lawyers that worked on behalf of President Donald J. Trump, according to people familiar with the matter.A federal grand jury in Washington has started issuing subpoenas in recent weeks to people linked to the alternate elector plan, requesting information about several lawyers including Mr. Trump’s personal lawyer Rudolph W. Giuliani and one of his chief legal advisers, John Eastman, one of the people said.The subpoenas also seek information on other pro-Trump lawyers like Jenna Ellis, who worked with Mr. Giuliani, and Kenneth Chesebro, who wrote memos supporting the elector scheme in the weeks after the election.A top Justice Department official acknowledged in January that prosecutors were trying to determine whether any crimes were committed in the scheme.Under the plan, election officials in seven key swing states put forward formal lists of pro-Trump electors to the Electoral College on the grounds that the states would be shown to have swung in favor of Mr. Trump once their claims of widespread election fraud had been accepted. Those claims were baseless, and all seven states were awarded to Mr. Biden.It is a federal crime to knowingly submit false statements to a federal agency or agent for an undue end. The alternate elector slates were filed with a handful of government bodies, including the National Archives.The focus on the alternate electors is only one of the efforts by the Justice Department to broaden its vast investigation of hundreds of rioters who broke into the Capitol on Jan. 6, 2021.In the past few months, grand jury subpoenas have also been issued seeking information about a wide array of people who organized Mr. Trump’s rally near the White House that day, and about any members of the executive and legislative branches who may have taken part in planning the event or tried to obstruct the certification of the 2020 election.The widening and intensifying Justice Department inquiry also comes as the House select committee investigating the efforts to overturn the election and the Jan. 6 assault prepares for public hearings next month.The subpoenas in the elector investigation are the first public indications that the roles of Mr. Giuliani and other lawyers working on Mr. Trump’s behalf are of interest to federal prosecutors.After Election Day, Mr. Giuliani and Ms. Ellis appeared in front of a handful of legislatures in contested swing states, laying out what they claimed was evidence of fraud and telling lawmakers that they had the power to pick their own electors to the Electoral College.Mr. Eastman was an architect of a related plan to pressure Vice President Mike Pence to use the alternate electors in a bid to block or delay congressional certification of Mr. Biden’s victory.Examining the lawyers who worked with Mr. Trump after the election edges prosecutors close to the former president. But there is no guarantee that an investigation of the lawyers working on the alternate elector plan would lead prosecutors to discover any evidence that Mr. Trump broke the law.The plot to use alternate electors was one of the most expansive and audacious schemes in a dizzying array of efforts by Mr. Trump and his supporters to deny his election loss and keep him in the White House.John Eastman, a lawyer advising Mr. Trump, was an architect of a plan to pressure Vice President Mike Pence to use alternate electors in a bid to block Joseph R. Biden Jr.’s victory.Anna Moneymaker/The New York TimesIt began even before some states had finished counting ballots, as officials in places like Arizona, Georgia and Wisconsin came under pressure to create slates of electors announcing that Mr. Trump had won.The scheme reached a crescendo in the days leading up to Jan. 6, when Mr. Trump and his allies mounted a relentless campaign to persuade Mr. Pence to accept the alternate electors and use them at a joint session of Congress to deny — or at least delay — Mr. Biden’s victory.At various times, the plan involved state lawmakers and White House aides, though prosecutors seem to believe that a group of Mr. Trump’s lawyers played a crucial role in carrying it out. Investigators have cast a wide net for information about the lawyers, but prosecutors believe that not all of them may have supported the plans that Mr. Trump’s allies created to keep him in office, according to one of the people familiar with the matter.Mr. Giuliani’s lawyer said he was unaware of any investigation into his client. Mr. Eastman’s lawyer and Ms. Ellis did not return emails seeking comment. Mr. Chesebro declined to answer questions about the inquiry.The strategy of pushing the investigation forward by examining the lawyers’ roles could prove to be tricky. Prosecutors are likely to run into arguments that some — or even much — of the information they are seeking is protected by attorney-client privilege. And there is no indication that prosecutors have sought to subpoena the lawyers or search their property.“There are heightened requirements for obtaining a search warrant on a lawyer,” said Joyce Vance, a former U.S. attorney in Alabama. “Even when opening a case where a lawyer could be a subject, prosecutors will flag that to make sure that people consider the rights of uninvolved parties.”As a New York real estate mogul, Mr. Trump had a habit of employing lawyers to insulate himself from queries about his questionable business practices and personal behavior. In the White House — especially in times of stress or scandal — he often demanded loyalty from the lawyers around him, once asking in reference to a mentor and famous lawyer known for his ruthlessness, “Where’s my Roy Cohn?”Some of the lawyers who have come under scrutiny in connection with the alternate elector scheme are already facing allegations of professional impropriety or misconduct.In June, for instance, Mr. Giuliani’s law license was suspended after a New York court ruled that he had made “demonstrably false and misleading statements” while fighting the election results on Mr. Trump’s behalf. Boris Epshteyn, another lawyer who worked with Mr. Giuliani, has also come under scrutiny in the Justice Department investigation, the people familiar with the matter said.Two months before Mr. Giuliani’s license was suspended, F.B.I. agents conducted extraordinary searches of his home and office in New York as part of an unrelated inquiry centered on his dealings in Ukraine before the 2020 election, when he sought to damage Mr. Biden’s credibility.In March, a federal judge in California ruled in a civil case that Mr. Eastman had most likely conspired with Mr. Trump to obstruct Congress and defraud the United States by helping to devise and promote the alternate elector scheme, and by presenting plans to Mr. Pence suggesting that he could exercise his discretion over which slates of electors to accept or reject at the Jan. 6 congressional certification of votes.There is no guarantee that an investigation of the lawyers working on the alternate elector plan would lead prosecutors to discover evidence that Mr. Trump broke the law.Maddie McGarvey for The New York TimesThe scheme, which involved holding meetings and drafting emails and memos, was “a coup in search of a legal theory,” wrote the judge, David O. Carter of the Central District of California.It was revealed this month that Mr. Eastman was involved in a similar — but perhaps even more brazen — effort to overturn to the election results. According to emails released by a public records request, Mr. Eastman pressed a Pennsylvania state lawmaker in December 2020 to carry out a plan to strip Mr. Biden of his win in that state by essentially retabulating the vote count in a way that would favor Mr. Trump.A week before the disclosure of Mr. Eastman’s emails, Ms. Ellis was accused of misconduct in an ethics complaint submitted to court officials in Colorado, her home state.The complaint, by the bipartisan legal watchdog group the States United Democracy Center, said that Ms. Ellis had made “numerous public misrepresentations” while traveling the country with Mr. Giuliani after the election in an effort to persuade local lawmakers that the voting had been marred by fraud.It also noted that Ms. Ellis had assisted Mr. Trump in an “unsuccessful and potentially criminal effort” to stave off defeat by writing two memos arguing that Mr. Pence could ignore the electoral votes in key swing states that had pledged their support to Mr. Biden.As for Mr. Chesebro, he was involved in what may have been the earliest known effort to put on paper proposals for preparing alternate electors.A little more than two weeks after Election Day, Mr. Chesebro sent a memo to James Troupis, a lawyer for the Trump campaign in Wisconsin, laying out a plan to name pro-Trump electors in the state. In a follow-up memo three weeks later, Mr. Chesebro expanded on the plan, setting forth an analysis of how to legally authorize alternate electors in six key swing states, including Wisconsin.The two memos, obtained by The New York Times, were used by Mr. Giuliani and Mr. Eastman, among others, as they developed a strategy intended to pressure Mr. Pence and to exploit ambiguities in the Electoral Count Act, according to a person familiar with the matter. More

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      Two Republicans Face Disqualification in Michigan Governor’s Race

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      Two top Republican candidates for governor in Michigan are in danger of being denied a spot on the primary ballot after the state’s election bureau invalidated thousands of signatures submitted by their campaigns, saying many of the names had been forged and were collected by fraudulent petition circulators.The Michigan Bureau of Elections recommended on Monday that James Craig, a former Detroit police chief, and Perry Johnson, a wealthy businessman, be excluded from the Aug. 2 primary, finding that neither candidate met the requirement of submitting signatures from at least 15,000 registered voters.Republicans in the state characterized the move as a politically motivated effort from a Democratic-led agency, while Mr. Craig pointed to his standing in the race.“They want me out,” Mr. Craig said, alluding to Republicans and Democrats. “I’ve been leading.”Three other lesser-known Republican candidates for governor also fell short of the threshold, the bureau determined, meaning that five of the party’s 10 candidates who filed to run for the state’s top office would be ineligible.In its review of the nominating petitions for both candidates, the elections bureau issued a stinging indictment of the methods used by their campaigns to collect signatures and the operatives working for the candidates.“The Bureau is unaware of another election cycle in which this many circulators submitted such a substantial volume of fraudulent petition sheets consisting of invalid signatures,” the bureau said, but clarified that it saw no evidence that the candidates had any knowledge of the fraud.Mr. Craig said in an interview on Tuesday that he would go to court to challenge any effort to deny him access to the ballot.“None of the candidates knew about the fraud,” Mr. Craig said. “Certainly, I didn’t. There needs to be an investigation and prosecution, if, in fact, there is probable cause that they did in fact commit fraud.”While the final say over the candidates’ eligibility rests with the Board of State Canvassers, a separate panel that will meet on Thursday, the recommended disqualification of Mr. Craig and Mr. Johnson threatened to create chaos for Republicans in their quest to challenge Gov. Gretchen Whitmer, a Democrat.Perry Johnson was also widely viewed as one of the top candidates in the state’s Republican primary for governor.Daniel Shular/The Grand Rapids Press, via Associated PressBoth Mr. Craig and Mr. Johnson were widely viewed as front-runners for the party’s nomination in a key battleground state, where Republicans have clashed with Democrats over the legitimacy of the 2020 presidential election and pandemic restrictions.More than half of the 21,305 signatures submitted by Mr. Craig’s campaign were rejected, leaving him with 10,192 valid signatures, the bureau said in its report, which noted that little effort was made to vary handwriting.“In some cases, rather than attempting varying signatures, the circulator would intentionally scrawl illegibly. In other instances, they circulated petition sheets among themselves, each filling out a line,” the bureau said of the petitions for Mr. Craig.Mr. Craig identified Vanguard Field Strategies, an Austin, Texas, firm, as helping to manage the canvassing effort, one that he said relied on several subcontractors that were previously unknown to him. He said that the onus was on the firm to have checks and balances to detect fraud, and he called it “shortsighted” and unrealistic to expect that a busy candidate would verify more than 20,000 signatures.Vanguard Field Strategies confirmed on Tuesday that 18 of the people identified in the elections bureau’s report as circulating the fraudulent petitions had been working for another firm that it had subcontracted to help it gather signatures. The company would not identify the subcontractor, which it characterized in a statement on Tuesday as a nationally respected Republican firm.“The allegations of fraudulent activity, and individuals infiltrating Chief Craig’s campaign in an effort to sabotage it, is very concerning,” Joe J. Williams, Vanguard’s president, said in a statement. “I hope the individuals charged with fraud (none of which worked for or were paid by Vanguard) are held responsible if the allegations are true.”According to Vanguard, Mr. Craig’s campaign retained its services about two months ago, having collected just 500 signatures at the time — the deadline to submit them was April 19.The elections bureau rejected 9,393 of the 23,193 signatures submitted by Mr. Johnson’s campaign, leaving him with 13,800 valid signatures. Some of the fraudulent signatures represented voters who had died or moved out of the state, the bureau said.John Yob, a campaign strategist for Mr. Johnson, did not immediately respond to requests for comment on Tuesday. In a series of tweets on Monday night, Mr. Yob said that the move to disqualify Republican candidates en masse was politically motivated and criticized the head of the state agency that the elections bureau is part of: Jocelyn Benson, a Democrat who is secretary of state.Mr. Yob said that the campaign would contest the bureau’s recommendation.“We strongly believe they are refusing to count thousands of signatures from legitimate voters who signed the petitions and look forward to winning this fight before the Board, and if necessary, in the courts,” he said.On Tuesday, Ron Weiser, the chairman of the Michigan Republican Party, slammed the move to exclude the Republicans from the primary ballot on Twitter.“This is far from over,” Mr. Weiser said. “Democrats claim to be the champions of democracy but are actively angling behind the scenes to disqualify their opponents in an unprecedented way because they want to take away choice from Michigan voters.”Tracy Wimmer, a spokeswoman for Ms. Benson, said in an email on Tuesday night that the election bureau was not swayed by politics.“The Bureau of Elections is staffed by election professionals of integrity who conducted their review of candidate submissions in a nonpartisan manner in accordance with state law,” Ms. Wimmer said.Election officials said that they had identified 36 people who had submitted fraudulent petition sheets consisting entirely of invalid signatures. On Monday, a total of 19 candidates learned that they had not met the signature requirement to get onto the ballot, including three Republicans and one Democrat seeking House seats, and 10 nonpartisan candidates seeking judicial posts.Democrats had separately challenged the petitions of Mr. Craig and Mr. Johnson, but the bureau did not take action because those candidates did not have enough signatures. Mark Brewer, a former chairman of the Michigan Democrats and a lawyer who challenged Mr. Craig’s petitions, defended the steps taken by the elections bureau on Twitter.“What kind of message does it send if any candidate with forged signatures is allowed on the ballot?” Mr. Brewer said on Tuesday. In a 17-page report detailing its findings on Monday, the elections bureau said that the head of one canvassing firm used by the candidates to gather signatures had pleaded guilty to two counts of election fraud in 2011 in Virginia. He was accused of instructing two individuals to sign as a witness on dozens of petition sheets filled with signatures they did not collect, the bureau said.The report did not identify the person, but cited links to news stories and court cases that pointed to Shawn Wilmoth, a political operative based in Michigan, and Mr. Wilmoth’s company, First Choice Contracting LLC.A person who answered the phone at the company on Tuesday said that Mr. Wilmoth was not available, and Mr. Wilmoth did not respond to messages seeking comment.When asked if Mr. Wilmoth or his firm had done work for his campaign, Mr. Craig said on Tuesday that he had learned only that day of a potential nexus.“I don’t want to make excuses,” Mr. Craig said. More

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      McCormick Sues to Count Undated Mail-In Ballots, Trailing Oz

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      In a lawsuit filed on Monday in Pennsylvania, the Republican Senate candidate David McCormick demanded that undated mail-in ballots should be counted in his primary race against the celebrity physician Dr. Mehmet Oz, whom he trailed by less than 1,000 votes.Mr. McCormick, a former hedge fund chief, asked the Commonwealth Court of Pennsylvania to allow election officials in the state’s 67 counties to accept mail-in ballots from voters who turned them in by the May 17 deadline but did not write the date on the outer return envelopes.That step is required by a state law, one that Republicans have fought to preserve.The legal action could be a prelude to a cascade of lawsuits and challenges in one of the nation’s most intensely watched primaries, one that could ultimately determine control of the divided Senate. The seat will be open after Senator Patrick J. Toomey, a Republican, steps down this year.The filing preceded a May 26 deadline for Pennsylvania’s secretary of state to determine whether a recount is triggered in the race, an automatic step when the top two candidates are within half a percentage point. About two-tenths of a percentage point separated Mr. McCormick on Monday from Dr. Oz, whom former President Donald J. Trump has been nudging to declare victory. The McCormick campaign was said to have invested heavily in its absentee-voting efforts.“These ballots were indisputably submitted on time — they were date-stamped upon receipt — and no fraud or irregularity has been alleged,” Ronald L. Hicks Jr., a lawyer for Mr. McCormick, wrote in the 35-page lawsuit.Mr. Hicks, a trial and appellate lawyer in Pittsburgh, was part of a phalanx of lawyers enlisted by Mr. Trump who unsuccessfully sought to challenge mail-in ballots after the 2020 presidential election. He later moved to withdraw from that case.In the McCormick campaign’s lawsuit, Mr. Hicks took the opposite view of mail-in ballots, saying that election boards in Allegheny County in Western Pennsylvania and Blair County in the central part of the state have balked at counting the undated ballots. Those counties, he said, were delaying taking action until after Tuesday when they are required to report unofficial results to the state.“The boards’ refusal to count the ballots at issue violates the protections of the right to vote under the federal Civil Rights Act and the Pennsylvania Constitution,” Mr. Hicks wrote.In the lawsuit, the McCormick campaign cited a recent ruling by a federal court panel that barred elections officials in Lehigh County, Pa., from rejecting absentee and mail-in ballots cast in the November 2021 municipal election because they were not dated.“Every Republican primary vote should be counted, including the votes of Pennsylvania’s active-duty military members who risk their lives to defend our constitutional right to vote,” Jess Szymanski, a spokeswoman for Mr. McCormick’s campaign, said in an email on Monday night.Understand the Battle Over U.S. Voting RightsCard 1 of 6Why are voting rights an issue now? More