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Larry Elder

Reprinted with permission from American Independent

As polling grows grimmer for him, California gubernatorial recall candidate Larry Elder is baselessly warning of"election fraud" — parroting the same lies former President Donald Trump and his GOP defenders told in the wake of the 2020 contest.

"I believe that there might very well be shenanigans, as it were in the 2020 election," Elder, currently the GOP's top candidate in the race, told reporters on Wednesday, after he cast his recall ballot for himself.

Elder's comments came amid a spate of polling showing that Democratic Gov. Gavin Newsom has opened up a wide lead and is heavily favored to hold on to his position — despite the Republican effort to remove him.

A Suffolk University poll released Wednesday found 58 percent of California voters want to keep Newsom, while 41 percent want to remove him, giving Newsom a 17-point advantage. According to the FiveThirtyEight polling average, voters want to keep Newsom as governor by a 12-point spread.

Election handicapping outlets also say Newsom is the favorite, with Inside Elections rating it a "likely Democratic" contest and the Cook Political Report rating it a "lean Democratic" race.

If voters choose to keep Newsom as governor in the recall election, the race for who will replace him won't matter; however, if Republicans manage to oust Newsom, Elder is the leading GOP candidate in the race.

The Suffolk University poll showed Elder having the support of 39 percent of voters, with "undecided" taking the second-place spot at 28 percent. No other major candidate received more than five percent support.

Elder has echoed many of former President Donald Trump's voter fraud lies, questioning the results of the 2020 election with the same kind of rhetoric repeated by Trump and his defenders both before and after the election and the riot by his supporters, stoked by such lies, at the U.S. Capitol on January 6.

"The 2020 election, in my opinion, was full of shenanigans," Elder said in a Fox News interview on Sunday. "And my fear is they're going to try that in this election right here and recall."

Elder also said Wednesday that he's gearing up to file lawsuits if he loses.

"We have a voter integrity project, we have lawyers all set up all ready to go to file lawsuits in a timely fashion," Elder said.

He added falsely that the reason for the failure of the many lawsuits filed by Trump supporters and lawyers in an effort to overturn the 2020 election was that they were "filed too late."

In fact, the lawsuits failed because Trump's legal team and others who filed them provided no evidence that there was fraud, with judges dressing down the lawyers who filed the suits for their efforts to undo the democratic process.

In Pennsylvania, Trump-appointed Judge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit wrote in a decision in one of the cases, "Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here."

And a number of lawyers who filed lawsuits to overturn the 2020 election, including conspiracy theorist lawyer Sidney Powell, have been sanctioned by a federal judge and face further disciplinary actions.

As of Tuesday, a week before the recall election in California, nearly 6.2 million ballots had already been returned, according to political handicapper Ryan Matsumoto, with Democratic voters far outpacing Republicans in the number of returned ballots.

Published with permission of The American Independent Foundation.

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The Arizona 2020 election "audit" under way

Screenshot from azaudit.org

As ongoing threats by Trump loyalists to subvert elections have dominated the political news, other Republicans in two key states—Florida and Arizona—are taking what could be important steps to provide voters with unprecedented evidence of who won their most close and controversial elections.

In both battleground states, in differing contexts, Republicans are lifting the curtain on the data sets and procedures that accompany key stages of vetting voters, certifying their ballots, and counting votes. Whether 2020’s election-denying partisans will pay attention to the factual baselines is another matter. But the election records and explanations of their use offer a forward-looking road map for confronting the falsehoods that undermine election results, administrators, and technologies.

In Republican-run Florida, the state is finalizing rules to recount votes by incorporating digital images of every paper ballot. The images, together with the paper ballots, create a searchable library to quickly tally votes and identify sloppily marked ballots. Questionable ballots could then be retrieved and examined in public by counting boards to resolve the voter’s intent.

“The technology is so promising that it would provide the hard evidence to individuals who want to find the truth,” said Ion Sancho, former supervisor of elections in Leon County, where Tallahassee is located, who was among those on a January 4 conference call workshop led by the Division of Elections seeking comments on the draft rule and procedures manual revisions.

Under the new recount process, a voter’s paper ballot would be immediately rescanned by an independent second counting system—separate from what each county uses to tally votes. The first digital file produced in that tabulation process, an image of every side of every ballot card, would then be analyzed by software that identifies sloppy ink marks as it counts votes. Several Florida counties pioneered this image-based analysis, a version of which is used by the state of Maryland to double-check its results before certifying its election winners.

“The fact that it has overcome opposition from the supervisors of elections is telling because the number one problem with the [elected county] supervisors is [acquiring and learning to use] new technology; it’s more work to do,” Sancho said. “The new technology doesn’t cost much in this case. Everyone has scanners in their offices already because every voter registration form by law must be scanned and sent to the Division of Elections.”

The appeal of using ballot images, apart from the administrative efficiencies of a searchable library of ballots and votes, is that the images allow non-technical people to “see” voters’ intent, which builds trust in the process and results, said Larry Moore, the founder and former CEO of the Clear Ballot Group, whose federally certified technology would be used in Florida recounts.

But Florida’s likely incorporation of ballot images into its recount procedures, while a step forward for transparency, is unfolding in a fraught context. In 2021, its GOP-majority state legislature passed election laws that are seen as winnowing voters and rolling back voting options. In other words, it may be offering more transparency at the finish line but is also limiting participation upstream.

The new recount rule is expected to be in place by this spring, months before Florida’s 2022 primaries and midterm elections. Among the issues to be worked out are when campaign and political party officials and the public would observe the new process, because the election administrators do not want partisans to intentionally disrupt the rescanning process. These concerns were raised by participants and observers on the teleconference.

The Arizona Template


In Arizona, Maricopa County issued a report on January 5, “Correcting the Record: Maricopa County’s In-Depth Analysis of the Senate Inquiry.” The report is its most substantive refutation of virtually all of the stolen election accusations put forth by Trump loyalists who spent months investigating the state's presidential election.

Beyond the references to the dozens of stolen election accusations put forth by pro-Trump contractors hired by the Arizona Senate’s Republicans, the report offered an unprecedented road map to understanding how elections are run by explaining the procedures and data sets involved at key stages.

The report explained how Maricopa County, the nation’s second biggest election jurisdiction (after Los Angeles County) with 2.6 million registered voters, verified that its voters and ballots were legal. It also explained key cybersecurity features, such as the correct—and incorrect—way to read computer logs that prove that its central vote-counting system was never compromised online, as Trump supporters had claimed in Arizona (and Michigan).

“I’ve never seen a single report putting all of this in one place,” said John Brakey, an Arizona-based election transparency activist, who has sued Maricopa County in the past and routinely files public records requests of election data. “Usually, it takes years to understand all this.”

Taken together, Florida’s expansion of recounts to include using digital ballot images, and Maricopa County’s compilation of the data and procedures to vet voters, ballots, and vote counts, reveal that there is more evidence than ever available to confirm and legitimize election participants and results.

For example, Maricopa County’s investigation found that of the 2,089,563 ballots cast in its 2020 general election, one batch of 50 ballots was counted twice, and that there were “37 instances where a voter may have unlawfully cast multiple ballots”—most likely a spouse’s ballot after the voter had died. Neither lapse affected any election result.

“We found fewer than 100 potentially questionable ballots cast out of 2.1 million,” the report said. “This is the very definition of exceptionally rare.”

When Maricopa County explained how it had accounted for all but 37 out of 2.1 million voters, it noted that the same data sets used to account for virtually every voter were also used by the political parties to get out the vote. Thus, the report’s discussion of these data sets—voter rolls and the list of people who voted—offered a template to debunk voter fraud allegations. This accusation has been a pillar of Trump’s false claims and is a longtime cliché among the far right.

It is significant that this methodology, indeed the full report, was produced under Maricopa County Recorder Stephen Richer, a conservative Republican who has repeatedly said that he had voted for Trump, and was fully endorsed by Maricopa County’s Board of Supervisors, which has a GOP majority and held a special hearing on January 5 to review the findings.

In other words, the report is not just a rebuttal for the Arizona Senate Republican conspiracy-laced post-2020 review. It is a road map for anyone who wants to know how modern elections are run and how to debunk disinformation, including conspiracy theories involving alleged hacking in cyberspace.

“There is not a single accurate claim contained in [Arizona Senate cybersecurity subcontractor] CyFIR’s analysis of Maricopa County’s tabulation equipment and EMS [election management system],” the reportsaid, referring to accusations that counts were altered. “This includes the allegation that county staff intentionally deleted election files and logs, which is not true.”

When you add to Maricopa County’s template the introduction of a second independent scan of every paper ballot in future Florida recounts, what emerges are concrete steps for verifying results coming from Republicans who understand how elections work and can be held accountable.

Of course, these evidence trails only matter if voters or political parties want to know the truth, as opposed to following an ex-president whose political revival is based on lying about elections. However, more moderate Republicans seem to be recognizing that Trump’s stolen election rhetoric is likely to erode their base’s turnout in 2022, as Trump keeps saying that their votes don’t matter.

“You’ve got Republican buy-in,” said Florida’s Sancho, speaking of his GOP-ruled state’s embrace of more transparent and detailed recounts. “And Republicans, more than anyone else, should be concerned about whether their votes were counted as cast and as the voter intended.”

Steven Rosenfeld is the editor and chief correspondent of Voting Booth, a project of the Independent Media Institute. He has reported for National Public Radio, Marketplace, and Christian Science Monitor Radio, as well as a wide range of progressive publications including Salon, AlterNet, The American Prospect, and many others.

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Michael Carvajal

Photo by Tom Williams via Reuters

The search is on for a new director of the federal Bureau of Prisons after Michael Carvajal announced on January 5 that he’s retiring from his appointed post and will leave when the Department of Justice finds his replacement.

The Biden Administration needs to replace Carvajal with a person who knows prisons inside and out: someone who’s been incarcerated before.

When President Joe Biden announced his first round of cabinet picks just weeks after being elected in 2020, then Vice President-elect Kamala Harris said: “When Joe asked me to be his running mate, he told me about his commitment to making sure we selected a cabinet that looks like America – that reflects the very best of our nation.

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