#Election Security

[welcometoqueer]

I haven’t really seen any of the more recent U.S. election news hitting tumblr yet so here’s some updates (now edited with sources added):

There’s evidence of Trump cheating and interfering with the election.

Possible Russian interference.

Mail-in ballots are not being counted or “recognized” in multiple (notably swing) states.

30+ bomb threats were called in and shut down polling stations on Election Day.

20+ million votes are still unaccounted for, and that’s just to have the same voter turnout as 2020.

There was record voter turnout and new/first-time voter registration this year. We definitely should be well over the turnout in 2020.

U.S. citizens are using this site to demand, not only a recount, but a complete investigation into election fraud and interference for the reasons stated above:

Here is what I submitted as an example:

An investigation for election interference and fraud is required. We desperately need a recount or even a revote. The American people deserve the right to a free and fair election. There has been evidence unveiled of Trump cheating and committing election fraud which is illegal. There is some evidence of possible Russian interference. At least 30+ bomb threats were called in to polling places. Multiple, notably swing states, have ballots unaccounted for and voting machines not registering votes. Ballots and ballot boxes were tampered with and burned. Over 20 million votes that we know of are unaccounted for. With record turnout and new voter registration this year, there should be no possibility that there are less votes than even in the 2020 election.

Sources (working on finding more links but if anyone wants to add info, it’s appreciated):

FBI addressing Russian interference and bomb threats:

Emails released by Rachael Bellis (private account, can’t share original tweet) confirming Trump committing election fraud:

Pennsylvania's Centre County officials say they are working with their ballot scanner vendor to figure out why the county's mail-in ballot data is "not being recognized when uploaded to the elections software:”

Wisconsin recount:

[ID:

Multiple screenshots and images.

The first is a screenshot with a link and information for contacting the White House directly regarding election fraud. The instructions include choosing to leave a comment to President Joe Biden directly and to select election security as the reason.

The screenshot then instructs people to include any or all of the following information in a paragraph as a comment to the president:

32 fake bomb threats were called into Democratic leaning poll places, rendering polling places closed for at least an hour.

A lot of people reporting their ballots were not counted for various reasons.

This all occurred in swing states.

This is too coincidental that these things happen and swing in his favor after months of hinting at foul play.

Directly state that an investigation for tampering, interference, fraud is required, not just a recount.

The second image is from the FBI Twitter account that reads:

The FBI is aware of bomb threats to polling locations in several states, many of which appear to originate from Russian email domains. None of the threats have been determined to be credible thus far. https://t.co/j3YfajVK1m — FBI (@FBI) November 5, 2024

The next four Gmail screenshots of an email sent to Rachael Bellis from Chris T. Spackman that read together as follows:

Dear BELLIS, RACHAEL E., The Dauphin County Board of Elections received a challenge to your absentee ballot you applied for in the November 5, 2024 General Election. The challenge argues that a provision of the Pennsylvania Election Code takes precedence over the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), which requires states and counties to permit U.S. citizens who move overseas to vote by absentee ballot for federal offices based on their last U.S. residential address.

The full text of the challenge that was filed appears below this email.

You may respond to the challenge in any of the following ways:

1. Call the Bureau of Registration and Election at (717) 780-6360;

2. Email a statement to the Bureau at Election election@dauphincounty.gov. Any statement you submit regarding the period during which you lived in Dauphin County, any family or connections that you still have here, and why you are now residing abroad would be read into the record.

3. Appear in person at a Board of Elections hearing scheduled for Friday, November 8 at a time to be determined in the Commissioners Public Hearing Room, 4th floor of Dauphin County Administration Building, 2 S 20d St, Harrisburg, PA 17111. The meeting is also likely to be livestreamed on Facebook on the Dauphin County channel.

Sincerely,

Christopher T Spackman

TEXT OF CHALLENGE BEGINS

Dear Dauphin County Board of Elections,

I am submitting this challenge to an absentee ballot application pursuant to 25 Pa. Stat.

3146.8(f).

25 Pa. Stat. 3146.8(f) Any person challenging an application for an absentee ballot, an absentee ballot, an application for a mail-in ballot or a mail-in ballot for any of the reasons provided in this act shall deposit the sum of ten dollars ($10.00) in cash with the county board, which sum shall only be refunded if the challenge is sustained or if the challenge is withdrawn within five (5) days after the primary or election. If the challenge is dismissed by any lawful order then the deposit shall be forfeited. The county board shall deposit all deposit money in the general fund of the…

The rest of the forwarded email is cut off.

The last image is a screenshot of the official statement from the Centre County, Pennsylvania Board of Commissioners released on November 6, 2024 that states:

Centre County Working with Ballot Scanner Vendor to Export Election Results.

(Bellefonte, PA) -Centre County Elections Office is working continuously to provide mail-in ballot data in order to post unofficial results.

To this point, all ballots have been scanned, including all mail-in ballots.

Centre County's Election team and IT team have identified that the data are successfully being exported from the mail-in ballot scanners, but that the data is not being recognized when uploaded to the elections software.

Centre County's Administrator, John Franek, Jr. stated, "We have not stopped working, and we will continue to work until unofficial results are posted and reported to the Pennsylvania Department of State."

As a next step, Centre County has begun working with the equipment vendor to adjust configurations to make the two systems-the mail-in ballot scanner and the elections software where data are uploaded -compatible with one another.

We will provide updates as we make progress.

/end ID]

[ivygorgon]

An open letter to the U.S. House of Representatives

Vote NO on the SAVE Act!

8,228 so far! Help us get to 10,000 signers!

I am writing to express my strong opposition to H.R. 22, the so-called “Safeguard American Voter Eligibility” (SAVE) Act. While this bill is framed as a measure to combat voter fraud, it is, in reality, a voter suppression effort that creates unnecessary barriers to voting and disenfranchises millions of Americans.

The SAVE Act would require voters to present narrow forms of “documentary proof of citizenship,” such as a passport or birth certificate, to participate in federal elections. This would disproportionately harm:

- Up to 150 million Americans who do not have a passport.

- Approximately 69 million women citizens who do not have a birth certificate with their current legal name on it.

- Elderly Americans, who are the least likely to hold passports.

Additionally, in 7 states, less than one-third of citizens have a valid passport – Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Oklahoma, and West Virginia.

The SAVE Act is a solution in search of a problem. Worse, it would erode the fundamental right to vote, silencing the voices of vulnerable communities under the guise of election security. Rather than advancing harmful legislation like the SAVE Act, Congress should focus on protecting and expanding voting rights by supporting measures such as the Freedom to Vote Act and the John R. Lewis Voting Rights Advancement Act.

One of the foundational values of our democracy is the idea that every person is entitled to a vote – a say in the direction of our nation. I urge you and your colleagues to work towards that founding ideal. Thanks.

▶ Created on February 6 by Jess Craven · 8,228 signers in the past 7 days

📱 Text SIGN PKFOYU to 50409 to sign!

🤯 Text FOLLOW JESSCRAVEN101 to 50409

[saywhat-politics]

Over the last month, the U.S. government has worked quickly to pause, disband and dismantle the U.S. effort to fight foreign meddling in elections, raising concern among federal lawmakers and election officials across the country who rely on the federal cybersecurity agency and its counterparts to warn them about attacks on election systems. 

First came a flurry of notices forcing out Cybersecurity and Infrastructure Security Agency personnel who are tasked with stopping foreign interference in U.S. elections — at least a dozen have been put on leave or fired over the past month. Then, on Attorney General Pam Bondi's first day in office on Feb. 5, she disbanded the FBI task force targeting foreign influence operations originating from places like Russia, China and Iran. 

The focus on election security has been turned toward the past, rather than the future. In an internal memo earlier this month, CISA's acting director announced an internal investigation to assess every position and program that touches election security — including election misinformation and disinformation — dating back to President Trump's first term in office, with findings to be delivered in a final report on March 6. 

[justinspoliticalcorner]

Walter Einenkel at Daily Kos:

President Donald Trump spoke to several governors at the White House Friday, where he gave a rambling—and sometimes contentious—speech about his desire for an exclusively in-person voting system.  Maybe more importantly, Trump semi-coherently explained that computers are bad for voting. Why? Because Elon Musk said so. “I did ask Elon, because he knows more about computers than anybody I know. I said, ‘what do you think of the voting system?’ He said, ‘computers are not meant for voting. It's just not good, it's too many transactions taking place, too quickly. It's just not,’ he said honestly,” Trump said. Trump has repeated false claims that mail-in voting results in massive election fraud, citing France’s system of counting paper ballots by hand as the model he would like to follow.  Trump’s distaste for mail-in voting goes back years, and it’s the root of his Big Lie about the 2020 election being rigged.

Elon Musk and Donald Trump know NOTHING about election security.

[originalleftist]

Some Words of Wisdom from President Obama:

[captainxtra]

Donald Trump loves to talk about “election interference” and “rigged elections,” but his actions show that he doesn’t actually care about those things. The president made the move this week to begin firing the very people in charge of election security in this country, leaving our systems more vulnerable to the very things Trump has whined about for years – except now they could actually happen. Ring of Fire’s Farron Cousins explains what’s happening.

[superdoctorpotter-head]

So, Some More News recently did another great episode on musk, highly recommend watching the entire thing, but there is this one part at the end that really got to me

Remember back in 2020, they were all those rumors about the election being stolen, and a LOT of officials came out and said this was the most secure election in American history? Where were those officials this time?

I really don’t want to sound like a conspiracy theorist, but between all that, and Trump telling everyone to stay home and not bother voting for him, because he had all the votes he needed, I’d really like some assurance that our votes actually mattered.

I mean, if an American oligarch actually straight up changed our votes, not just pumped enough money into electing their pick, but actually changed people’s votes in real time, and we just let that slide, I think it’s really over for us as a country, right? There’s no coming back from that, is there?

Someone smarter than me, please tell me who we need to write to to make sure this is looked at. Please.

Link to the full video: https://youtu.be/7yhMpwSYKlc?si=1ORo6P54Y1QeSAjY

[cyber-sec]

Hackers Access Legacy Systems in Oxford City Council Cyberattack

Summary: Hackers breached Oxford City Council's legacy systems, potentially accessing personal data of staff involved in elections between 2001 and 2022. While there is no evidence of large-scale data exfiltration, the incident highlights the risks posed by outdated infrastructure and insufficient segmentation of historical data.

Source: https://www.securityweek.com/hackers-access-legacy-systems-in-oxford-city-council-cyberattack/

More info: https://www.oxford.gov.uk/news/article/1704/statement-on-cyber-security-incident

[robpegoraro]

Weekly output: Google's AI Mode, Waymo's software testing, Trump threatens Chris Krebs, Venmo's dubious privacy defaults

[thevitalportal]

Excerpt from Democracy Docket Newsletter - Eye on the Right

A Little-Known Federal Agency Helps Secure Elections. Trump Wants to Gut It.

Buried deep within Project 2025 — the Heritage Foundation’s 900-page blueprint for how the new conservative administration can slide the government into an authoritarian regime — is a cursory section suggesting reforms for a relatively new, little-known federal agency called the Cybersecurity and Infrastructure Security Agency (CISA).

Formed in 2018 within the Department of Homeland Security (DHS), CISA is responsible for cybersecurity and infrastructure protection across the government. Though it’s somewhat nascent, it’s quickly become one of the federal government’s core agencies in protecting the country from cyber attacks and coordinating with state and local officials to help with cyber threats — including election threats — they otherwise aren’t equipped to handle.

Considering the size and scope of Project 2025, the section devoted to CISA is miniscule — less than 400 words in all. But what that brief section proposes for the agency could have grave implications for the future of elections — and democracy.

“The Cybersecurity and Infrastructure Security Agency (CISA) is a DHS component that the Left has weaponized to censor speech and affect elections at the expense of securing the cyber domain and critical infrastructure, which are threatened daily,” writes Ken Cucinelli, Trump’s former deputy secretary of Homeland Security, in the DHS chapter of Project 2025. “A conservative Administration should return CISA to its statutory and important but narrow mission.”

With President Donald Trump’s return to the White House — and his promise of retribution to his political enemies and a radical overhaul of the federal government to his liking — election and cybersecurity experts are rightly sounding the alarm bells about Project 2025’s proposed gutting of CISA.

[welcometoqueer]

Some U.S. election news updates (as of afternoon November 7, 2024):

Many states, including major battleground ones, have started recounting votes on their own despite there still being no national call for a recount. Some of these states recounting or considering recounting as of November 7, 2024 include: Pennsylvania, Wisconsin, Nevada, Arizona (considering), and Texas (considering).

Most news outlets have been covering state laws regarding recounts and what a recount could mean. Notably, right-wing sources like Fox News have not mentioned the possibility of a recount or the high demand for one (hmmm).

In cities such as Chicago and Philadelphia, people took to the streets in a peaceful protest to demand a recount (wait, you can protest peacefully?? without starting an insurrection?? Crazy).

More information alleging Trump cheating has come forward, although many people are expressing their frustrations over there being little to no coverage of election interference by the mainstream media. Additionally, many Democratic voters are vowing to boycott news sources such as CNN and MSNBC due to their apparent tone-deaf and lackluster response to the allegations.

On Twitter, hashtags such as “Do Not Concede Kamala,” “Recount 2024,” “He/Trump Cheated,” and “Rigged” continue to trend nationally since election night.

Also in the Twitter hellscape, Elon Musk has been removing posts with resources, posts alleging Trump cheated, and posts with information on how to check your ballot and demand a recount. This is awfully suspicious and concerning behavior from someone who has also been accused of bribing voters, which is a federal crime.

Many people are also sharing their grief over the extreme likelihood of programs and services such as Social Security, Medicare, SNAP, the Department of Education, and others being diminished or fully gutted as many Republican lawmakers and Trump have promised to do. Already today (Nov. 7), House Republicans have proposed a bill that would reduce social security payments for U.S.Americans who receive disability benefits or a pension.

There are also concerns over imposed tariffs, the United States losing its NATO membership, and the potential dissolving of the United Nations.

Many MAGA Trump supporters have started to be more emboldened, not just in the Twitter space. Multiple parents have come forward to share that young boys at their children’s schools have also begun repeating the “your body, my choice” mantra, leaving other kids in distress.

Speaking of distress, nationwide, queer and trans people have been largely absent from work and school. Since election night, LGBTQ+ and other helplines have had long waits due to such high demand.

TW: suicide mention, skip the next paragraph

There’s been over 2000+ suicides of just LGBTQ+ individuals since election night and the numbers keep increasing drastically.

End TW

Politically, sitting President Joe Biden addressed the nation today to discuss a “peaceful transfer of power.” He addressed people questioning Donald Trump’s win and the election system saying: “It is honest, it is fair, and it is transparent, and it can be trusted, win or lose."

Needless to say, no one was pleased by his response and are still demanding an investigation or recount.

Other political figures such as Bernie Sanders and the Obamas’ released their own statements regarding the election.

The Obamas’ had a very professional yet disappointed statement.

Bernie Sanders however, took a different approach, sharing the mass sentiment among democratic voters and criticizing the Democratic Party based on their response to the situation. “It should come as no great surprise that a Democratic Party which has abandoned working class people would find that the working class has abandoned them. While the Democratic leadership defends the status quo, the American people are angry and want change. And they’re right.”

[ID:

Multiple videos and images with election news and updates.

The first video, posted to Twitter, is of an Anti-Trump protest in Chicago.

These should be peacefully taking place all over the country. This is what democracy is about, not storming Capitol buildings. Right MAGA? pic.twitter.com/lgzsP41Lze — Brian Krassenstein (@krassenstein) November 7, 2024.

The video shows people in the streets of Chicago and in front of Trump tower peacefully protesting in demand for a recount and investigation.

Protesters chants include:

“Donald Trump, you will see!”

“Racist, sexist, anti-gay! Donald Trump, go away!”

and “You’re not welcome in this town! Donald Trump, you fascist clown!”

The second video was also posted to Twitter by CALL TO ACTIVISM (@CalltoActivism) on November 6, 2024. It’s a video from MSNBC reporting on the strange behavior of Trump leading up to the election where he repeatedly said he didn't need votes. These statements seem to imply that regardless of how people voted, he expected to gain power.

The next image is of the official statement regarding the election results by Barack and Michelle Obama.

The statement reads:

STATEMENT BY PRESIDENT AND MRS. OBAMA ON THE 2024 PRESIDENTIAL ELECTION NOVEMBER 6, 2024

“Over the last few weeks and through Election Day, millions of Americans cast their votes - not just for president, but for leaders at every level. Now the results are in, and we want to congratulate President Trump and Senator Vance on their victory. This is obviously not the outcome we had hoped for, given our profound disagreements with the Republican ticket on a whole host of issues. But living in a democracy is about recognizing that our point of view won't always win out, and being willing to accept the peaceful transfer of power. Michelle and I could not be prouder of Vice President Harris and Governor Walz - two extraordinary public servants who ran a remarkable campaign. And we will always be grateful to the staff and volunteers who poured their heart and soul into electing public servants they truly believed in. As I said on the campaign trail, America has been through a lot over the last few years - from a historic pandemic and price hikes resulting from the pandemic, to rapid change and the feeling a lot of folks have that, no matter how hard they work, treading water is the best they can do. Those conditions have created headwinds for democratic incumbents around the world, and last night showed that America is not immune. The good news is that these problems are solvable - but only if we listen to each other, and only if we abide by the core constitutional principles and democratic norms that made this country great. In a country as big and diverse as ours, we won't always see eye-to-eye on everything. But progress requires us to extend good faith and grace - even to people with whom we deeply disagree. That's how we've come this far, and it's how we'll keep building a country that is more fair and more just, more equal and more free.”

The last two images are Bernie Sanders’ statement on the election results, criticizing the response of the Democratic Party.

Sanders’ statement reads:

NEWS: Sanders Statement on the Results of the 2024 Presidential Election November 6, 2024 BURLINGTON, Vt. - Sen. Bernie Sanders (I-Vt.) today released the following statement in response to the outcome of the 2024 presidential election:

“It should come as no great surprise that a Democratic Party which has abandoned working class people would find that the working class has abandoned them. First, it was the white working class, and now it is Latino and Black workers as well. While the Democratic leadership defends the status quo, the American people are angry and want change. And they're right. Today, while the very rich are doing phenomenally well, 60% of Americans live paycheck to paycheck and we have more income and wealth inequality than ever before. Unbelievably, real, inflation-accounted-for weekly wages for the average American worker are actually lower now than they were 50 years ago. Today, despite an explosion in technology and worker productivity, many young people will have a worse standard of living than their parents. And many of them worry that Artificial Intelligence and robotics will make a bad situation even worse. Today, despite spending far more per capita than other countries, we remain the only wealthy nation not to guarantee health care to all as a human right and we pay, by far, the highest prices in the world for prescription drugs. We, alone among major countries, cannot even guarantee paid family and medical leave. Today, despite strong opposition from a majority of Americans, we continue to spend billions funding the extremist Netanyahu government's all out war against the Palestinian people which has led to the horrific humanitarian disaster of mass malnutrition and the starvation of thousands of children. Will the big money interests and well-paid consultants who control the Democratic Party learn any real lessons from this disastrous campaign? Will they understand the pain and political alienation that tens of millions of Americans are experiencing? Do they have any ideas as to how we can take on the increasingly powerful Oligarchy which has so much economic and political power? Probably not. In the coming weeks and months those of us concerned about grassroots democracy and economic justice need to have some very serious political discussions. Stay tuned.”

/end ID]

[ivygorgon]

An open letter to the President & U.S. Congress

Immediate Investigation Required: Election Integrity Threatened

9 so far! Help us get to 10 signers!

The recent wave of bomb threats at polling sites, delayed ballot counts, and technical malfunctions are raising significant public concerns about this election. With over 30 threats reported at voting locations, alongside signs of foreign interference and operational disruptions, a thorough investigation is essential for transparency and accountability.

To uphold the integrity of our democratic process, we urge immediate action to examine potential interference or fraud. If necessary, a recount or even a revote should be considered to restore voter trust. Addressing these concerns directly will reassure Americans that every vote is secure and counted.

Thank you for your commitment to the principles of our democratic system.

Source: FBI Statement on Bomb Threats to Polling Locations

▶ Created on November 7 by Ret. SGT Guild

📱 Text SIGN PQNCWD to 50409

🤯 Liked it? Text FOLLOW IVYGORGON to 50409

[harriswalz4usabybr]

Speech Governor Walz Gave at Lambeau Field in Green Bay, WI!

~BR~

[reasoningdaily]

Philly DA on election security: 'F around and find out'

yesssssssssssssss,, this is what I wanna hear and seeeee

[justinspoliticalcorner]

Oliver Willis at Daily Kos:

Election workers are being forced to go through security training and learn new safety protocols because of threats from Donald Trump’s supporters and election lies promoted by Republicans.

Deidre Holden, an elections and voter registration supervisor in Spaulding County, Georgia, discussed the issue in an interview with ABC’s “This Week” on Sunday. “The most important thing is to get those voters out and get them to safety, and fight for your life if you have to,” Holden told ABC as she tried to hold back tears. The district where Holden works has historically supported Republicans, but she said that her office received threats from Trump supporters after President Joe Biden won Georgia in the 2020 election. Holden took note of one email to her staff that said, “We’ll make the Boston Bombings look like child’s play at the poll sites in this county.” Holden’s office has installed new security cameras and has purchased supplies of the overdose medication Narcan in case a chemical agent is sent in with absentee ballots. The office also has a panic button to call emergency services, which other Georgia officials have also said they will install ahead of the election. A recent poll from the Brennan Center for Justice found that 92% of 928 election officials surveyed nationwide have taken steps to increase security after the last election.

Following the 2020 election, a pair of Georgia election workers, Wandrea "Shaye" Moss and her mother, Ruby Freeman, were the subject of harassment and threats after Donald Trump and his lawyer Rudy Giuliani spread election-related lies about them. Giuliani falsely accused the pair of manipulating absentee ballots in favor of Biden while working as poll workers.

Thanks to the rampant election denialism spread by Donald Trump and his allies in recent years that have threatened election workers, election workers are being forced to go through security training and learn new safety protocols.

[dreaminginthedeepsouth]

  “Contumacy” is an archaic word used mainly in legal settings. It is defined as the “stubborn refusal to obey or comply with authority, especially a court order.” There are few occasions when “contumacious” is the appropriate adjective to describe an actor’s conduct, but it perfectly describes the conduct of both the Alabama legislature and defendant Donald Trump.

          As explained below, the Alabama legislature and Donald Trump have flouted the rule of law by “stubbornly refusing to obey” orders issued by federal judges, for which they should be rebuked and punished. But there is an uncomfortable truth (for them) lurking beneath their contumacious conduct: They are frightened. They see the day of reckoning approaching—which they fear more than the wrath of angry judges armed with judicial sanctions.

          In their respective efforts to suppress equal voting rights for Black Americans and avoid a lengthy prison sentence, the Alabama legislature and Trump have concluded that their best path forward is to flat-out disobey the law—damn the consequences! That is contumacy: raw, unbounded disobedience to the laws that are the foundation of civil society. Contumacy has become the business model for the GOP as it fights a rear-guard action to hang onto power it can longer legitimately claim in a representative democracy. It is a sign of weakness and desperation for the GOP. And, counter-intuitively, it is a sign of hope for Democrats that the day of reckoning for the minority ruling party is fast approaching. Let’s take a closer look.

Alabama redistricting proposal is (again) declared illegal.

          In 2022, the US Supreme Court upheld a lower court ruling that the Alabama congressional districts violated Section 2 of the Voting Rights Act. The Court agreed that the Alabama districts were the product of racial gerrymandering designed to deprive Black voters in Alabama of a second “opportunity” district “in which Black voters either comprise a voting-age majority or something quite close to it.” See the US Supreme Court’s opinion in Allen v. Milligan (10/04/22). The Court ordered the Alabama legislature to redraw the congressional district maps in a way that created a second opportunity district.

          The Alabama legislature drew new maps that again failed to create a second opportunity district as ordered by the Supreme Court. Voting rights advocates filed another suit against the Alabama legislature. On Tuesday, a three-judge panel rebuked the Alabama legislature for its contumacy and ordered a special master to create congressional districts that complied with the Supreme Court’s ruling in Allen v. Milligan. The district court’s order is here: Singleton v Allen | Injunction, Opinion, and Order.

          The three-judge panel was unsparing in its criticism of the Alabama legislature’s contumacy:

We have now said twice that this Voting Rights Act case is not close. And we are deeply troubled that the State enacted a map that the State readily admits does not provide the remedy we said federal law requires. We are disturbed by the evidence that the State delayed remedial proceedings but ultimately did not even nurture the ambition to provide the required remedy. And we are struck by the extraordinary circumstance we face. We are not aware of any other case in which a state legislature — faced with a federal court order declaring that its electoral plan unlawfully dilutes minority votes and requiring a plan that provides an additional opportunity district — responded with a plan that the state concedes does not provide that district.

          As explained by Mark Joseph Stern in Slate, the Court also criticized Alabama for attempting to create a situation in which its serial contumacy will be rewarded by the permanent denial of a second opportunity district for Black voters. See Mark Joseph Stern in Slate, Alabama is learning the dangers of defying the Supreme Court.

          As explained by Stern:

Alabama Republicans, however, treated the Supreme Court’s ruling as a mere suggestion. After a pointless delay, the Legislature enacted a map that contained the same flaws as the old one. . . . Alabama’s chief argument at this stage is that every time the Legislature redraws a map, courts must throw out their prior analysis and restart the case afresh. Moreover, according to the state, courts must permit elections under the challenged plan while mulling each redrawn map. And if a court strikes down a new map, it must put its ruling on hold for any upcoming races. It must also wait for the Legislature to draw a substitute map before imposing its own, even if the Legislature drags its feet in a bid to run out the clock to the next election. The court found this position not just unpersuasive, but unconstitutional. . . . Alabama seeks to create “an endless paradox that only it can break, thereby depriving plaintiffs of the ability to effectively challenge and the courts of the ability to remedy.” States cannot transform voting rights litigation into an “infinity loop” that only they may stop.

          Alabama plans to appeal the ruling of the three-judge panel directly to the Supreme Court. Let’s hope that the Supreme Court summarily rejects Alabama’s petition for review. Otherwise, the Court will be rewarding Alabama’s bad-faith refusal to abide by a lawful order of the US Supreme Court issued last October.

[Robert B. Hubbell Newsletter]

+

Wisconsin Republicans seek to nullify election

September 7, 2023

ROBERT B. HUBBELL

          As I noted yesterday, the reactionary efforts of the Alabama legislature to disobey an order from the Supreme Court betray fear and desperation. The Alabama GOP can see the day when its death grip on minority rule will end. So, too, with Wisconsin Republicans, who are considering nullifying the recent election of Justice Janet Protasiewicz to the Wisconsin Supreme Court by an 11-point margin. Republicans in the Wisconsin Assembly are planning to impeach Justice Protasiewicz and then allow her trial on the impeachment charges to languish forever in the Republican-controlled Wisconsin Senate.

          Why?

          Answer: Because impeachment by the assembly automatically suspends Justice Protasiewicz pending her trial in the Senate. (The Wisconsin Constitution provides, “No judicial officer shall exercise his office, after he shall have been impeached, until his acquittal.”) If a trial after impeachment never occurs, Justice Protasiewicz is permanently suspended based on the unilateral action of Republicans in the Wisconsin Assembly. That perverse abuse of the state’s constitution will nullify the votes of 1,021,822 Wisconsinites. See CNN, Wisconsin GOP weighs moves to sideline elections chief and liberal Supreme Court majority.

          On what grounds will Justice Protasiewicz be impeached? Like the threatened impeachment of President Biden, the grounds for impeachment are pesky details to be supplied later. The impeachment effort is gaining steam even though Justice Protasiewicz has yet to rule on a single case. But the court’s docket includes two lawsuits that challenge the nation’s most egregious partisan gerrymandering that has given Wisconsin Republicans a permanent, corrupt stranglehold on the state legislature.

          Justice Protasiewicz rightly campaigned on a pledge to “restore democracy” and reproductive freedom to Wisconsin—pledges that sent Wisconsin Republicans into a testosterone-fueled rage that may cause them to worsen their already precarious situation. The election of Justice Protasiewicz was a warning sign to Wisconsin Republicans that their days are numbered. Overruling the sweeping mandate granted to Justice Janet Protasiewicz will accelerate the day on which Republicans lose power.

          The situation is Kafkaesque. Republicans seek to nullify an election by wielding the corrupt power of a gerrymandered legislature whose composition is a continuing violation of the Wisconsin and US constitutions. Do the citizens of Wisconsin have any remedy?

          Yes.

          Wisconsinites can pursue several remedies simultaneously. None are completely satisfactory, but taken together, they will hasten the demise of the Wisconsin GOP.

          First, the Wisconsin Democratic Party is mounting an ad campaign to pressure Republicans to stand down from nullifying the election. See Fox News, Wisconsin Democrats launch $4M ad blitz targeting GOP lawmakers considering impeachment of new liberal justice. Many readers of this newsletter made a personal investment in Justice Janet Protasiewicz’s campaign—by writing postcards, phone banking, and donating to her campaign. If you are interested in helping the Wisconsin Democratic Party to protect Justice Protasiewicz’s victory, check out this website: Democratic Party of Wisconsin (wisdems.org).

          Second, all parties with standing to sue the Wisconsin legislature or the state of Wisconsin should do so ASAP. The partisan nullification of an election denies the citizens of Wisconsin a right explicitly granted in the US Constitution: “The United States shall guarantee to every State in this Union a Republican Form of Government.” US Const., Article IV, Section 4. The remedy to be requested is simple: If the legislature impeaches Justice Protasiewicz, it must try her promptly. Holding her in limbo by denying a trial in the Wisconsin Senate is despotic. In candor, the US Supreme Court has consistently refused to hear suits based on the Guarantee Clause (because such suits allegedly present “political questions”). But if ever there is a clear-cut case of a legislature acting in a “despotic” manner, it is one in which the legislature refuses to give effect to a lawful election in the state.

          Third, the people of Wisconsin must make their voices heard through peaceful, persistent protest. Massive protests will demonstrate the future political costs of nullifying the election and may encourage businesses to pressure Wisconsin Republicans to stand down. But if protests are not enough, Wisconsinites should take a page from the civil rights era: General strikes, walkouts, and boycotts that shut down businesses, government offices, and schools in Wisconsin. The latter is a drastic remedy, but if the prevailing rule of governance in Wisconsin is “Elections are given effect only when Republicans win,” it is time for the citizens of Wisconsin to reclaim their right to self-determination.

[Robert B. Hubbell Newsletter]