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in ElectionsVoting Takes Center Stage During US Midterm Elections
“I want to do everything I can to use my voice to create the kind of democracy that deserves to exist,” one voter said.They had been assured that they were wasting their time. That the fix was in. That a fair outcome was impossible, what with all that Democratic ballot-rigging — or was it Republican voter suppression?But millions of Americans gave voting a go anyway on Tuesday, dutifully turning up across the country to cast ballots at schoolhouses, libraries and V.F.W. posts.After a campaign marked by the direst of claims, it was, in its way, a small act of faith.“It’s going a little bit too far left,” said one voter, Lucas Boyd, 43, explaining what had brought him to a polling place in Haymarket, Va. “We are trying to bring it back to a middle ground, and that is really why I came today.”Cheryl Arnold, who was also casting a ballot in Haymarket, had a different outcome in mind. A sales worker in her 50s, she said her aim was “not furthering the Republican agenda.”But she and Mr. Boyd, a software salesman, shared at least one fundamental belief: that voting might make a difference.“I want to do everything I can to use my voice to create the kind of democracy that deserves to exist,” Ms. Arnold said.A voter dropping off a ballot in American Fork, Utah, on Tuesday.Kim Raff for The New York TimesStill, it was an Election Day of unusual tensions, in keeping with a campaign in which accusations of voting fraud were sometimes cast even before the ballots themselves were, and in which some private citizens took it upon themselves to take up arms and “guard” absentee ballot boxes.“I definitely know where the exits are,” said one poll worker in Flagstaff, Ariz., Brittany Montague. “Now more than ever, we’re so polarized, and there isn’t a lot of trust in the system.”In Arizona on Tuesday morning, reports of dozens of malfunctioning ballot-counting machines in Maricopa County prompted a surge of voter fraud claims across right-wing media.“None of this indicates any fraud,” said Bill Gates, chairman of the Maricopa County board of supervisors, a Republican. “This is a technical issue.”A video captured election workers trying to reassure voters.“No one’s trying to deceive anybody,” one poll worker says.“No, not on Election Day. No, that would never happen,” the person recording the video replies sarcastically.Even before the day began, more than 40 million Americans had cast early ballots, and millions more were joining them on Tuesday.In Michigan, the abortion issue was a big draw at the polls. After the Supreme Court decision reversing Roe v. Wade, Michigan was one of five states that had abortion-related measures on the ballot. In Birmingham, an affluent community outside Detroit, a slow stream of people turned out to vote on Proposal 3, a ballot measure to protect abortion rights.Outside the Baldwin Public Library, where Birmingham city workers had turned metered parking into “voter-only parking” for the day, Alexandra Ayaub said supporting the measure was her main reason for voting.“Michigan should be a safe place for women,” said Ms. Ayaub, 31, who described herself as leaning Democratic.In nearby Warren, Rosemary Sobol also said the initiative was her main motivation for voting — even if she was still undecided.“I’m not completely anti-abortion, but I’m also a Catholic,” said Ms. Sobol, an 81-year-old retired principal. “It’s a very hard decision.”For some voters, it was a day to reconsider past positions.Andrew O’Connell said that he had been born into a Democratic family and that he had long taken pride in switching up his votes between the parties, but at 6:30 Tuesday morning, he could be seen standing outside a busy polling location on Staten Island holding a sign displaying all of the Republicans on the ballot. Everything changed with the social unrest in 2020, he said.“I believe safety took a back seat back when the protests were going on,” Mr. O’Connell said. “We sat back and watched that happen and some folks didn’t think there was anything wrong with it.”A family voting in Miami Beach, Fla., on Tuesday.Scott McIntyre for The New York TimesFor other voters, it was a day to reconsider life choices — like where to live.When Albert Latta, 67, left a polling place in Kenosha, Wis., he had a weary look. The most important issue for him in this election? “Honesty,” he said.Mr. Latta said that he had voted Democratic in the races for governor and the Senate and that he was so tired of deception from Republicans — on election integrity, among other issues, he said — that he was considering picking up and moving across the state line into the blue of Illinois.“How Wisconsin goes in this election may have a lot to do with that decision,” he said. “I call today’s vote the biggest I.Q. test this country has ever taken.”For some voters, a hop across state lines, it appeared, might not do the trick.In the city of Folsom, in one of liberal California’s more conservative regions, John Butruce, 66, offered a fairly succinct synopsis of his take on things before casting his ballot.“I don’t like the taxes, I don’t like the inflation, I don’t like the crime,” Mr. Butruce said. “I don’t like the state of the country or the state of the state.”In Kenosha, where voters were deciding whether to re-elect Gov. Tony Evers, a Democrat, the shadow of the demonstrations and riots that tore through the city in August 2020 after a police shooting loomed large.“I just want to get him out,” said Abraham Gloria, 40. “He could have stopped what happened with the riots, and he didn’t.”But as she headed into a church in Kenosha to vote, Phyllis Sheets, 60, said she was supporting the Democrats. Democracy, she said, depended on it.“I’m tired of people co-signing foolishness,” Ms. Sheets said. “It’s like people are drinking the silly juice around here: conspiracy theories, not conceding elections, QAnon, Jan. 6. It’s not American.”Christine Grant looking over information while filling out her ballot in Detroit on Tuesday.Brittany Greeson for The New York TimesNot everyone was thinking about this election, even as it was still unfolding. They were too busy talking about the next one, and news of a “very big announcement” from a Republican politician in Florida.In Warren, Mich., Mike Smith, 58, had just one quibble.“I hope he comes back sooner than 2024,” Mr. Smith said. “I still don’t accept 2020.”Word that Donald J. Trump might soon make formal what has long been expected played out at polling sites across a polarized country to a mix of elation and fear.“I am terrified,” said Liz Lambert, 57, a marketing manager in Scottsdale, Ariz., clutching a coffee cup as she headed to work after casting her ballot. “This country has been through enough. We need stability and maturity and leadership.”In Haymarket, Va., Gloria Ugbaja declined to get engaged by a possible Trump announcement about another run for president.“I thought it was a distraction,” said Ms. Ugbaja, 47, who works in health care management.“Whether he announces or not is his business,” she said. “Every American has to keep moving forward. Whether he tries to run or not, it indirectly does not affect what the average American has to do on a daily basis.”Reporting was contributed by More
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in ElectionsNew Voting Laws Add Difficulties for People With Disabilities
Laura Halvorson was ready to vote. On Thursday afternoon, she sat in front of a ballot screen at the Igo Library in San Antonio, after spending a month preparing for this moment. It was the first time in years that she had been in a public place, other than a doctor’s office.Sitting in her wheelchair, she wore two masks — one a KN95, the other a part of her breathing machine. Because Ms. Halvorson, 38, has muscular dystrophy, a condition that progressively decreases muscle mass, and makes her more vulnerable to Covid-19, she needed to use a remote-control device supplied by poll workers to make her ballot selections.No one knew how it worked.The glitch was one of many obstacles she had to navigate, both on that day and over the previous weeks, to fulfill what she saw as her civic duty. For Ms. Halvorson and others with disabilities, casting a ballot can always present a challenge. But new voting restrictions enacted in several states over the past two years have made it even harder.A law signed last year by Gov. Greg Abbott of Texas, a Republican, has made it more difficult for voters to cast ballots by mail and narrowed their options for voting in person, according to groups that advocate for people with disabilities and voting rights. Other Republican-led state legislatures, including in Georgia and Florida, have passed similar measures as a part of what they say are efforts to prevent voter fraud, despite rare occurrences of the crime.“Instead of embracing the more accessible forms of voting that sparked record turnout, including among voters with disabilities,” said Brian Dimmick, a senior staff attorney for the disability rights program of the American Civil Liberties Union, “states have doubled down on new and more restrictive voter-suppression laws.”None of the new laws single out those with disabilities, but advocates say they have left many people who would otherwise vote by mail with burdensome options: face the greater risk that their mail-in ballot could be thrown out — as Texas did at a higher-than-usual rate during the March primary — or go to the polls in person, which involves its own set of inconveniences or, worse, physical barriers, and often deprives people with disabilities of a sense of privacy and independence that other voters can take for granted.A polling place in Brooklyn. Nearly two million people with disabilities reported that they had some difficulty voting in the November 2020 election — double the rate of people without disabilities.Anna Watts for The New York Times“Voters with disabilities are being disenfranchised by all these new laws, from onerous ID requirements to longer lines, making the entire process less accessible,” said Shira Wakschlag, the senior director of legal advocacy at The Arc, a disability advocacy organization.Several Texas Republicans who supported the new voting law did not respond to requests for comment about its effect on people with disabilities, although a spokeswoman for Governor Abbott said in a statement that it “protects the rights of disabled Texans to request reasonable accommodations or modifications.” At a hearing last year, State Senator Bryan Hughes, the Texas bill’s author, described accommodations for voters with disabilities as potential security risks, and said narrowing them would stop others from “using those opportunities to cheat.”Voting could already be difficult for those with disabilities. About 17.7 million reported voting in the November 2020 election, according to a report by the Program for Disability Research at Rutgers University and the U.S. Election Assistance Commission. Eleven percent of them, or nearly two million people, reported that they had some difficulty voting in that election — almost double the rate of people without disabilities.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.Final Landscape: As candidates make their closing arguments, Democrats are bracing for potential losses even in traditionally blue corners of the country as Republicans predict a red wave.The Battle for Congress: With so many races on edge, a range of outcomes is still possible. Nate Cohn, The Times’s chief political analyst, breaks down four possible scenarios.Voting Worries: Even as voting goes smoothly, fear and suspicion hang over the process, exposing the toll former President Donald J. Trump’s falsehoods have taken on American democracy.The right to vote privately and independently was enshrined 20 years ago by Congress in the Help America Vote Act, which was the first law to require polling places to have accessible voting systems. The law also established the federal Election Assistance Commission, an independent body that sets guidelines for states and counties to accommodate disabled voters, which can be enforced by the Justice Department.Despite the law, Thomas Hicks, the commission chairman, said disabled voters still encountered problems, including those who are blind and have trouble locating accessible voting locations, and those who use wheelchairs and need voting machines to be low enough or adjustable to eye level.For Ms. Halvorson, a former special education teacher, the difficulties include being able to raise her hands and tap the screen of a voting machine, she said, because of her reduced motor skills. She lives with her partner, accompanied by different caregivers, in a one-story house in San Antonio, and also relies on a breathing machine to survive; a bad case of pneumonia in 2014 weakened her lungs, and she was not able to make a full recovery.Voting by mail made things simpler for her. But after reports that Texas had thrown out more than 18,000 mail-in ballots from its most populous counties during the March primaries, Ms. Halvorson — who cannot write on her own and feared having to appeal a rejected ballot — felt she had no other choice but to vote in person. She wanted to “see the ballot go in” herself, she said — even if it meant risking her health.“This election is too important to wait to find out if my vote counted,” she said.A week of research about voting in person led Ms. Halvorson to a new kind of machine that Texas had recently put in place, allowing a remote to be connected to the screen and used to make selections. She called her county clerk to ensure those machines would be present at the Igo Library, her local polling place. She did not hear back, she said.Ms. Halvorson entered her polling place on Thursday, on a trip that she began preparing for a month earlier. Ilana Panich-Linsman for The New York TimesLydia Nunez Landry, a disability rights activist in Houston who has a different form of muscular dystrophy, said her experience using the remote on the first day of early voting went so poorly — including a poll worker seeing Ms. Landry’s chosen candidates — that she immediately filed a complaint with the Justice Department.“I’m just so angry,” Ms. Landry said. “They constantly are changing things, it feels like, to the disability community. We’re just so confused.”Ms. Halvorson wanted a caregiver to accompany her to the polling place in case she had a similar experience and needed help. She also scheduled a coronavirus vaccine booster shot exactly two weeks before the end of early voting..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How we call winners on election night. We rely on The Associated Press, which employs a team of analysts, researchers and race callers who have a deep understanding of the states where they declare winners. In some tightly contested races, we independently evaluate A.P. race calls before declaring a winner.Here’s more about how it works.On Thursday morning, Ms. Halvorson viewed an online guide to the candidates one more time. Her former service dog, Houston, wagged his tail as he put his paws in her lap and begged for treats.She drove to the library with one of her daytime caregivers, Shae-Lynn Lewis, in a large orange, wheelchair-accessible van. A parking spot for the disabled was available, which often is not the case, Ms. Halvorson said. Then it was time to take an inventory. Ms. Halvorson ticked off aloud what to bring inside: phone, identification, water bottle, hand sanitizer and wipes, and the absentee ballot she needed to turn in.Inside the library, a voting clerk wearing a U.S. Marine Corps veteran cap waved people through to the polling room.One of the tokens of Ms. Halvorson’s day. Ilana Panich-Linsman for The New York TimesMs. Halvorson and her caregiver entered and waited in line to turn in the absentee ballot and receive a remote. Ms. Halvorson later said her heart “was beating out of her chest” as she saw all the people around her without masks on in such close quarters.After securing the remote and pulling in front of a voting machine, she began trying to click through on the side buttons, but the screen did not respond. She said she asked for help, but none of the workers seemed to know how it worked, either.After a few tries, she said, the up and down buttons on the remote made the screen respond. It was still hard to read, however, as the font seemed to be enlarged and cut off the party affiliations for candidates she didn’t know.The Bexar County elections administrator, Jacquelyn Callanen, did not respond to requests for comment about Ms. Halvorson’s voting experience.While at least two dozen people entered and exited the voting area within minutes, Ms. Halvorson remained inside, trying to navigate the machine. After about half an hour, she was able to deposit her ballot.Later, she said she felt fortunate that her experience was not worse. Still, she said, “It should be smooth for literally everybody.”Before Ms. Halvorson left, one observer acknowledged her efforts. “The man gave me two ‘I voted’ stickers,” she said. “He said it’s because I had to go through twice as much as everybody else.”Ava Sasani More
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in ElectionsHere Are the States That Allow Same-day Voter Registration
Nearly half of U.S. states allow voters to register and cast ballots on Election Day. Vote.gov provides state-specific information, including where to register and what documents are required.Legal battles concerning same-day registration have altered the below list since 2020. A Delaware Supreme Court judge ruled same-day registration and voting by mail unconstitutional last month after the state adopted the practices after the 2020 election. Meanwhile, in Virginia, voters can register on Election Day for the first time this year.Here is where you can register to vote on Election Day:CaliforniaColoradoConnecticutHawaiiIdahoIllinoisIowaMaineMarylandMichiganMinnesotaMontanaNevadaNew HampshireNew MexicoUtahVermontVirginiaWashingtonWashington D.C.WisconsinWyomingSpecial case:North Dakota does not require people to register to vote — just show up with “acceptable identification.” More
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in ElectionsHow Does Early Voting Work?
Election Day isn’t until next week, but the voting has already begun in much of the country.Most states allow early voting, also known as pre-election voting, which surged in popularity during the 2020 election in response to the coronavirus pandemic. And interest remains high: As of Wednesday afternoon, nearly 30 million early ballots had been cast nationwide, according to data from the United States Elections Project. In Georgia, in-person turnout was up 70 percent in the first five days of early voting compared with the 2018 midterm elections, according to the secretary of state’s office.The rules vary by state, but there are a few different ways to vote early: Head to a polling place to fill out a ballot in person; drop off a completed ballot at a secure drop box, usually by a polling site or government building; or vote by mail before Election Day.Drop off a completed ballot at a drop box in Mesa, Ariz. on Friday.Rebecca Noble for The New York TimesCheck your secretary of state’s website for details on your state’s early voting policies.Alabama, Connecticut, Mississippi, and New Hampshire do not offer pre-election voting, according to the National Conference of State Legislatures.As widespread as early voting is, it has recently come under attack by critics who complain about the potential for voter fraud, which is exceedingly rare. On Tuesday, a federal judge in Arizona cracked down on an election-monitoring group staking out ballot boxes in Maricopa County. Members of the group, who cast themselves as “mule watchers” preventing fraud, were issued a temporary restraining order after complaints that they were intimidating and harassing voters. The individuals, some of whom were armed, had gathered around outdoor ballot boxes to take pictures of voters and, in some cases, posted the images online.The A.C.L.U. said on Tuesday that it was investigating at least three separate reports of people monitoring ballot drop boxes in Chester County, Pa., which includes the Main Line suburbs west of Philadelphia. None appeared armed, the group said. More
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in ElectionsDebunking Voting Misinformation About the Midterm Elections
Here are some of the main falsehoods and rumors that have spread on social media in the lead-up to Election Day.Voting-related falsehoods and rumors are flourishing across social media in the final stretch before Election Day on Tuesday.Much of the misinformation and conspiracy theories, which are swirling on Facebook, Twitter and other platforms, build on familiar and unsubstantiated narratives spread about the 2020 presidential election. They include debunked claims of meddling with voting equipment, falsehoods about fraudulent ballots, alleged malfeasance by elections officials and unsubstantiated rumors about mail-in voting.Many of the posts are outright falsehoods, while others appear intended to simply raise doubts and undermine confidence in voting, researchers said. And they are spreading through more conduits, such as the fast-rising video app TikTok and right-wing social media sites like Truth Social, Rumble and Telegram, according to the data research firms Zignal and Graphika and researchers.“People are primed, much more mobilized and more soaked in conspiracy theories,” said Mike Caulfield, a research scientist who studies election misinformation at the University of Washington’s Center for an Informed Public.Here are some of the most widespread falsehoods and rumors related to voting.Voting machines aren’t rigged.President Donald J. Trump and his allies falsely claimed in 2020 that ballot-tabulating machines had changed votes for him to votes for Joseph R. Biden Jr. They claimed the voting machines were connected to the internet, allowing corrupt election officials and outsiders to tamper with the equipment.While voting machines sometimes encounter programming errors, they are rare, and the equipment is tested before and after Election Day, election officials said. For example, in Maricopa County, Ariz., a political battleground and focal point of conspiracy theorists around the 2020 election, four independent auditors check the security of the equipment, which does not connect to the internet.Even so, falsehoods about the machines have picked up online in recent weeks.On Twitter, “voting machines” has been a top voting-related narrative related to the midterm elections, with more than 89,888 mentions in October, nearly double the 49,765 mentions during the same month in 2021 but down from 191,391 in October before the midterm elections in 2018, according to Zignal.Last month, a Wisconsin state representative said voting machines in the state were connected to the internet. Equipment makers and security experts refuted the claim, but Mr. Trump seized on the falsehood and posted the Wisconsin official’s statement on his social media site, Truth Social.“Rigged Election, what a mess,” he wrote. The post was shared more than 5,000 times and liked more than 13,000 times.Mike Lindell, the chief executive of MyPillow and a Trump supporter, was featured last week in several interviews on the video-sharing site Rumble saying that voting machines were connected to the internet and had been tampered with to steal elections. One of his interviews on Rumble was viewed more than 20,000 times.Ballot fraud isn’t rampant.Over the past month, there were more than 365,592 mentions of “voter fraud” on Twitter, up 25 percent from October 2018, according to Zignal.Claims of voter fraud have often centered on ballot drop boxes. One false theory involves Democrats paying people to stuff the boxes with illegal ballots. The idea was stoked by the May release of the film “2000 Mules,” which asserted with little evidence that illegal drop box stuffing could be traced through cellphone location data. Security experts and former Attorney General William P. Barr have refuted the claims.Last month, Melody Jennings, a Trump supporter and the founder of CleanElectionsUSA, an activist group that has spread unfounded rumors of illegal drop-box stuffing, warned on Truth Social that “mules” — or people who were allegedly vote-trafficking — were “doing their thing” at drop boxes in Maricopa County. She and other conspiracy theorists falsely said these mules had stuffed boxes with illegal ballots and called for volunteers to watch over the boxes. Her post was shared more than 3,000 times and liked 7,400 times.Conspiracy theories about the handling of ballots by election officials are also circulating on social media. According to one unsubstantiated theory, election officials are purposely confusing voters over the kinds of pens that can be used to mark ballots — and declaring that ballots marked with Sharpie pens aren’t counted.Those false claims, which have circulated since 2020, resurfaced in July when a Maricopa County election office sent an advisory suggesting that voters use felt-tip pens on their ballots. The advisory created a backlash online, with several voters posting on Twitter and Facebook that they would instead use blue ballpoint pens because they worried that ballots marked with felt-tip pens provided at polling stations would not be counted.Dead people and illegal immigrants aren’t being exploited.False rumors of voting by dead people and illegal immigrants have long circulated, including after the 2020 election in states such as Arizona, Virginia, Nevada, Pennsylvania, Michigan and Georgia. In all of these states, a small fraction of ballots were cast in the names of dead individuals.The trope has reared its head again online ahead of the midterms.Politicians including Representative Matt Gaetz, Republican of Florida, have recently said without evidence that Democrats want immigrants who are in the United States illegally to vote.“Any illegal alien who attempts to vote in our elections should be arrested and deported,” Mr. Gaetz tweeted on Sunday. His post was shared more than 7,000 times and liked more than 48,000 times.Last week, Texas Scorecard, a self-described citizen journalism group, posted a video on YouTube claiming without evidence that Beto O’Rourke, the Democratic candidate for governor in Texas, had sent pre-filled voter registration applications to dead people. Texas officials validate all voter registration applications. The video was viewed 5,000 times.An election worker sorted ballots in October 2020 at the Maricopa County Recorder’s Office in Phoenix.Matt York/Associated PressVoting by mail isn’t untrustworthy.Some Republican candidates and voters are using social media to cast doubt on whether ballots sent by mail or submitted into drop boxes are counted. “Mail-in voting” and “mail-in ballots” have been mentioned over 338,528 times in the past month on Twitter, up from 137,507 in the October 2021 and 114,159 in October 2018, according to Zignal.Conspiracy theorists also seized on a story last month of the burning of a mail truck that was allegedly carrying ballots in Georgia. Images of the burning truck were spread across social media as a sign of cheating in the election, even though an election official later said there were no ballots on the truck.Social media users have used such incidents to warn against mail-in voting. The hashtag #GetOutAndVoteInPerson has spread widely on Telegram from communities with pro-Trump, Christian, military and election conspiracy theory leanings, said Kyle Weiss, a researcher at Graphika.Voting by mail has taken place for more than 150 years, and fraud is extremely rare, according to the Brennan Center, a nonprofit voter rights organization. In rural areas and for low-income and disabled voters, voting by mail is often the only option. Rules for mail-in voting and the use of drop boxes vary by stateDelays in counting votes are not irregularities.Official results for many races on Tuesday won’t be announced that night and may not be for days because the counting of votes could take longer. Some social media users are focusing on potential counting delays to raise suspicions of election irregularities, state officials and voting experts said.Last Thursday, Senator Ted Cruz, Republican of Texas, responded to a news report that Pennsylvania’s top elections official expected official vote counting to take days. “Why is it only Democrat blue cities that take ‘days’ to count their votes?” he tweeted. “The rest of the country manages to get it done on election night.” The tweet was shared more than 5,500 times and liked 19,200 times.Tallying a final count typically takes days in some states because of the many mail-in votes. In Pennsylvania, officials can begin counting mail-in ballots only on Tuesday morning. In Arizona, election officials said the count could take more than a week because a bipartisan processing board had to certify mail-in ballot signatures. If any ballots are questioned, the law allows five days for the ballot to be reviewed and tallied. More
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in ElectionsFederal Judge Allows Activists to Stake Out Ballot Boxes in Arizona
A federal judge on Friday declined to ban an activist group from gathering near ballot boxes in Arizona, arguing that the members’ actions did not appear to constitute a “true threat” or intimidation and that their right to assemble in public spaces is constitutionally protected.In his 14-page ruling, Judge Michael T. Liburdi found that while “many voters are legitimately alarmed by the observers filming” at ballot boxes in Maricopa County, there was no proof that the group, Clean Elections USA, had encouraged acts of violence or posted personal or identifying information online.“While this case certainly presents serious questions,” Judge Liburdi wrote, “the court cannot craft an injunction without violating the First Amendment.”In denying the request, the judge said he would keep the case open and agreed to hear new evidence that the group has “engaged in unlawful voter intimidation.”Clean Elections USA, whose founder is a purveyor of election and QAnon theories, has said it is trying to prevent voter fraud by organizing activists across the country to station themselves near drop boxes set up to receive mail ballots. The aim, the organizers say, is to observe voters and document possible instances of voter fraud or misconduct.An individual watches a drop box from across a parking lot in Mesa, Ariz., on Monday.Bastien Inzaurralde/Agence France-Presse — Getty ImagesA lawsuit filed on Monday by two nonprofit organizations, the Arizona Alliance for Retired Americans and Voto Latino, alleged that the group’s intent was to dissuade people from voting through harassment and threats.The complaint, which asked for an injunction and restraining order against Clean Elections USA, identified several incidents in which voters in Maricopa County were followed, photographed and accused of being “ballot mules” — a term borrowed from a conspiracy theory about voters fraudulently casting dozens of ballots at once. In several cases, the activists carried firearms and wore military-style protective gear and masks.Judge Liburdi’s ruling, which is limited to Arizona, comes 11 days before a midterm election that has been riddled with false claims and specious theories about misconduct in voting, and as former President Donald J. Trump continues to spread the falsehood that the 2020 election was stolen from him. Many right-wing groups have mobilized to work the polls, challenge ballots and station observers at counting centers in search of wrongdoing.Ballot drop boxes have become an early flash point. Since early voting began in Arizona on Oct. 12, Arizona’s secretary of state has referred at least six complaints of voter intimidation to the U.S. Department of Justice and the state’s attorney general for investigation. All of the incidents took place at outdoor ballot boxes in Phoenix and Mesa, a suburb.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.Bracing for a Red Wave: Republicans were already favored to flip the House. Now they are looking to run up the score by vying for seats in deep-blue states.Pennsylvania Senate Race: The debate performance by Lt. Gov. John Fetterman, who is still recovering from a stroke, has thrust questions of health to the center of the pivotal race and raised Democratic anxieties.G.O.P. Inflation Plans: Republicans are riding a wave of anger over inflation as they seek to recapture Congress, but few economists expect their proposals to bring down rising prices.Polling Analysis: If these poll results keep up, everything from a Democratic hold in the Senate and a narrow House majority to a total G.O.P. rout becomes imaginable, writes Nate Cohn, The Times’s chief political analyst.“Voter intimidation is illegal, and no voter should feel threatened or intimidated when trying to vote,” Secretary of State Katie Hobbs, a Democrat who is running for Arizona’s governor, said in a statement this week. “Anyone attempting to interfere with that right should be reported.”At a hearing on Wednesday, Veronica Lucero, a lawyer for Melody Jennings, the founder of Clean Elections USA, argued that there “there is no connection” between the activists cited in the complaints in Maricopa County and Clean Elections USA. Ms. Jennings “has simply advocated that people need to follow the law,” Ms. Lucero said.Ms. Jennings has described the ballot box monitors as “my people” and “our box watchers” in social media posts. On Friday, she praised the judge’s ruling in a post on Truth Social, the social media platform founded by Mr. Trump.“The Constitution won today,” Ms. Jennings wrote. “This battle is not over, but today was a step for freedom and for your 1st amendment rights being preserved.”In a statement, the Arizona Alliance for Retired Americans called the ruling “truly disappointing,” adding that “American citizens should be able to cast a ballot without fear of personal injury or other harm to their safety and security.”Marc Elias, a Democratic elections lawyer whose law firm represents the plaintiffs in the suit, wrote on Twitter on Friday that he planned to appeal.Ms. Jennings, who is from Tulsa, Okla., and has described herself as a Christian pastor and counselor, has fast become a leading voice in the election-denial movement. She first proposed sending observers to ballot boxes this spring, just weeks after joining Truth Social.“I have an idea,” she wrote on April 19. “In those states where they do not outlaw drop boxes, I think we have no less than 10 patriots standing around every one of those 24/7 for the duration of the voting period.”In podcast interviews, Ms. Jennings said she was inspired by a trailer for the film, “2000 Mules,” released in May. The film, directed and produced by the right-wing pundit Dinesh D’Souza, relied heavily on debunked research from True the Vote, a group focused on voter fraud. The film asserts that “mules” paid by the Democratic Party ferried illegal votes to ballot boxes, often in the dead of night. It was shown in more than 400 theaters and brought in some $1.4 million at the box office.Ms. Jennings’ ideas spread quickly as her posts were shared by election deniers with large numbers of followers, including Mr. Trump and his former attorney, Sidney Powell. Ms. Jennings launched a website in May and, this summer, frequently promoted her plans on right-wing podcasts. She urged people not only to gather around ballot boxes, but to photograph voters and reveal their identities online.“I am FULLY STOKED that ballot trafficking mules are about to be completely doxxed and put on blast at every drop box across America VERY SOON,” Ms. Jennings posted on Truth Social on Sept. 8.Ms. Jennings’s following on the platform has grown from barely 100 in April to more than 35,000.Internal membership rolls show that roughly 4,500 people in 48 states have registered with Clean Elections USA, according to a report in Votebeat, a nonprofit news outlet. The group tells volunteers that the information they collect will be shared with True the Vote, which in turn works with Protect America Now, a group of sheriffs who have pledged to investigate election fraud, the report found.It is unclear if Ms. Jennings has significant financial support. A fund-raiser she set up online in August had raised $3,600 as of Friday.Over the summer, several Republican officeholders and candidates in Arizona encouraged the effort and Ms. Jennings organized what she called a “dry run” during the state’s Aug. 2 primary elections.A second organization, the Lions of Liberty, began organizing ballot box surveillance in Yavapai County, north of Phoenix. The group is an offshoot of a third organization: a local chapter of the Oath Keepers called the Yavapai County Preparedness Team.In an interview, Jim Arroyo, an Oath Keeper and member of the Lions of Liberty board of directors, said the intent of what his group called “Operation Drop Box” was to “watch for people stuffing more than 30, 40, 50 ballots in the box and to photograph it and send that to law enforcement.”There is no evidence of a widespread ballot-stuffing operation in the 2020 election. William P. Barr, who served as Attorney General under Mr. Trump, described the evidence presented in “2000 Mules” as “singularly unimpressive” in an interview with the congressional committee investigating the Jan. 6 attack on the Capitol.Most states with early voting allow individuals to return other peoples’ ballots to boxes although rules vary significantly by state. In Arizona, family and household members, as well as caregivers, are legally permitted to do so. The laws are designed to make it easier for older, ill or disabled voters to cast ballots.Arizona does not permit observers to remain within 75 feet of ballot boxes or polling places, and even outside that perimeter they are prohibited from making “any attempt to intimidate, coerce, or threaten a person to vote or not vote,” according to the secretary of state. That behavior includes “aggressive or ostentatious display of weapons” or “directly confronting or questioning voters in a harassing or intimidating manner.”Voto Latino and Arizona Alliance for Retired Americans, represented by the voting rights firm Elias Law Group, claimed Clean Election USA was violating federal law, citing the Ku Klux Klan Act of 1871 and the Voting Rights Act of 1965, both of which prohibit voter intimidation.In his decision on Friday, Judge Liburdi dismissed Voto Latino from the suit, saying that it did not have standing because it had not demonstrated a financial impact from the problems it identified in the complaint. Judge Liburdi, who was appointed to the U.S. District Court for the District of Arizona by Mr. Trump in 2019, will have an opportunity to weigh in on the matter again. The League of Women Voters filed on Tuesday a second federal suit naming Clean Elections USA, and Ms. Jennings, adding the Lions of Liberty and the Yavapai County Preparedness Team as defendants. That lawsuit, citing the same federal laws, noted that “Congress passed both statutes to prevent the very kinds of vigilante-led voter intimidation defendants are now deploying.”That complaint was prepared by the Protect Democracy Project, which this week also filed a defamation claim against Mr. D’Souza and True the Vote, among others, over “2000 Mules.” Mr. D’Souza and Catherine Engelbrecht, the founder of True the Vote, did not immediately respond to a request for comment.“Melody Jennings is not operating in an absolute vacuum,” said Orion Danjuma, an attorney at Protect Democracy Project who worked on the Arizona case. More
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in ElectionsOSCE Election Observers Warn of Republican Election Deniers
Attempts by candidates to discredit the integrity of the vote have “snowballed enormously” since the 2020 election, the head of the observation mission said.WASHINGTON — Election observers from the Organization for Security and Cooperation in Europe warned this week of “intensely divisive” rhetoric ahead of the midterm elections in the United States, noting that Republicans who have denied the 2020 election results are running for offices that directly oversee future contests.In a 16-page interim report released on Wednesday, the organization highlighted a number of concerns for the midterms, including threats of violence against election officials, widely circulated election misinformation, and potential voter suppression and voter intimidation. The group, an international security organization whose members include the United States, routinely monitors the elections of its member states at their invitation.The report noted that “a number of Republican candidates in key races” who could be in charge of overseeing future elections have “challenged or refused to accept the legitimacy of the 2020 results.” Attempts by candidates to discredit the integrity of the vote have “snowballed enormously” since the 2020 election, Tana de Zulueta, the head of the organization’s election observation mission for the U.S. midterms, said in an interview.The report offered further evidence of international concern about the state of democracy in the United States in the wake of President Donald J. Trump’s time in office and his attempts to overturn his defeat in the 2020 election.Despite the concern, the World Justice Project, an organization that tracks the rule of law internationally, said on Wednesday that the situation in the United States had actually improved slightly in 2022 after several years of decline. In newly released rankings, the group placed the United States at No. 26 out of 140 countries and jurisdictions.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.Bracing for a Red Wave: Republicans were already favored to flip the House. Now they are looking to run up the score by vying for seats in deep-blue states.Pennsylvania Senate Race: The debate performance by Lt. Gov. John Fetterman, who is still recovering from a stroke, has thrust questions of health to the center of the pivotal race and raised Democratic anxieties.G.O.P. Inflation Plans: Republicans are riding a wave of anger over inflation as they seek to recapture Congress, but few economists expect their proposals to bring down rising prices.Polling Analysis: If these poll results keep up, everything from a Democratic hold in the Senate and a narrow House majority to a total G.O.P. rout becomes imaginable, writes Nate Cohn, The Times’s chief political analyst.“The U.S. is not out of the woods by a long stretch,” Elizabeth Andersen, the organization’s executive director, said in a statement. “Authoritarian trends have weakened both trust and accountability, and our democracy is not as healthy as it should be.”The report from the Organization for Security and Cooperation in Europe, or O.S.C.E., made note of “intensely divisive and at times inflammatory rhetoric” in campaigns by Republicans and Democrats, including what it described as “allegations by some political leaders and candidates from both sides that their opponents were seeking to subvert democracy and were a threat to the United States.” As examples, the report pointed to remarks by Mr. Trump and President Biden about each other.The report also said that election monitors had observed language at rallies and on social networks that “sought to delegitimize the other party, was potentially defamatory and in several instances invoked racist, xenophobic, transphobic and homophobic tropes.” At one rally, for example, an incumbent Republican lawmaker “made inflammatory xenophobic remarks,” according to the report, which did not identify the lawmaker.Ms. de Zulueta said that the use of divisive language was not equal between the two parties and that reports by election observers about Democratic campaigns were “more low-key.”The report said that both Republicans and Democrats “campaigned on platforms of ensuring electoral integrity” but went about it in very different ways. “Republicans emphasized the perceived need to prevent the casting and counting of illegal votes,” the report said, “while Democrats focused on preventing what they see as the potential for rejection of legitimate votes.”.css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.The report added that those campaign messages from the two parties had “contributed to a diminishing trust in a fundamentally robust electoral process.”Ms. de Zulueta said the report was not meant to present the two parties’ election-related campaign messages as equally damaging, noting that it was Mr. Trump who transformed election denial into “a defining characteristic of his campaign” and of later Republican primaries. Instead, she added, the report sought to highlight that warnings by Democrats of potential election interference could also be damaging to the credibility of elections.“You have to be careful,” Ms. de Zulueta said. “You can actually by challenging — in some ways you can actually feed into this.”The O.S.C.E. has routinely monitored elections in the United States, but its efforts took on increased prominence when Mr. Trump refused to acknowledge that he lost the 2020 election. The election observation mission for that contest condemned Mr. Trump’s “baseless allegations” of fraud and expressed confidence that the vote was secure.For this year’s election, the organization will have far fewer election monitors than had been planned. A report from the group in June recommended a full election observation mission of about 500 observers “given the highly polarized environment” and “diminishing trust in the integrity of elections” in the United States. But the size of the mission was reduced to 57 people because of a shortage of available observers.Ms. de Zulueta said the downsizing would not significantly affect the mission’s work. A spokesman for the organization noted that its observation mission for the 2020 election had also been limited because of the coronavirus pandemic.The mission for the midterms will present its preliminary findings on Nov. 9, the day after Election Day, and a final report will be released about two months later. More