For full hearing, with Barbara Simons testimony, see: “Electronic Voting Machines: Verification, Security, and Paper Trails,” by Committee on House Administration, September 28, 2006, https://archive.org/details/gov.house.cha.2006.09.28.
221. “Feds believe Russians hacked Florida election-systems vendor,” by Evan Perez, Shimon Prokupecz, and Wesley Bruer, CNN.com, October 10, 2016. http://www.cnn.com/2016/10/12/politics/florida-election-hack.
222. “Inside The Recount: Jill Stein and a ragtag team of computer experts decided to take America’s elections to court. Here’s how it all went wrong,” by Steve Friess, NewRepublic.com, Feb. 15, 2017, https://newrepublic.com/article/140254/inside-story-trump-clinton-stein-presidential-election-recount.
223. Same as 222: “Inside The Recount: Jill Stein and a ragtag team of computer experts decided to take America’s elections to court. Here’s how it all went wrong,” by Steve Friess, NewRepublic.com, Feb. 15, 2017.
224. “A Fair Election? Serious, Hard-to-Explain Questions Arise About Trump Vote Totals in 3 Key States: Voting rights advocates are scrambling to see if recounts are feasible in Wisconsin, Michigan and Pennsylvania,” by Steven Rosenfeld, AlterNet.org, November 18, 2016, http://www.alternet.org/election-2016/fair-election-serious-hard-explain-questions-arise-about-trump-vote-totals-3-key.
225. Same as 222: “Inside The Recount: Jill Stein and a ragtag team of computer experts decided to take America’s elections to court. Here’s how it all went wrong,” by Steve Friess, NewRepublic.com, Feb. 15, 2017.
226. “Experts Urge Clinton Campaign to Challenge Election Results in 3 Swing States,” by Gabriel Sherman, New York magazine, November 22, 2016, http://nymag.com/daily/intelligencer/2016/11/activists-urge-hillary-clinton-to-challenge-election-results.html.
227. January 26, 2017, email from Jill Stein, [email protected], summarizing the recount process and next steps on the eve of Trump’s inauguration.
228. Same as 227: January 26, 2017 Email from Jill Stein.
CHAPTER 15: THE FINAL SWING STATES
229. “What We Know and Don’t Know about Election ‘Hacks’ in 2016,” by David Becker, Center for Election Innovation and Research, June 6, 2016, https://www.electioninnovation.org/news/2017/6/6/what-we-know-and-dont-know-about-election-hacks-in-2016.
230. “Ex-NSA head suggests US also hacks political parties,” by Joe Uchill, The Hill, October 18, 2016, http://thehill.com/policy/cybersecurity/301667-former-cia-and-nsa-head-suggests-us-also-hacks-political-parties.
231. “Cyberwar for Sale: After a maker of surveillance software was hacked, its leaked documents shed light on a shadowy global industry that has turned email theft into a terrifying—and lucrative—political weapon.” by Mattathias Schwartz, The New York Times Magazine, January 8, 2017. https://www.nytimes.com/2017/01/04/magazine/cyberwar-for-sale.html?_r=0.
232. “The GOP’s cyber election hit squad,” by Steven Rosenfeld, April 22, 2007, FreePress.org, http://freepress.org/article/gops-cyber-election-hit-squad.
233. “The Verifier - Polling Place Equipment - Current,” by VerifiedVoting.org. This interactive page by Verified Voting allows viewers to zoom into states and see the voting machinery in every county in America. https://www.verifiedvoting.org/verifier/#.
234. Same as 227: January 26, 2017, email from Jill Stein.
235. “1.7 million people in 33 states and D.C. cast a ballot without voting in the presidential race,” by Philip Bump, Washington Post, December 14, 2016, https://www.washingtonpost.com/news/the-fix/wp/2016/12/14/1-7-million-people-in-33-states-and-dc-cast-a-ballot-without-voting-in-the-presidential-race/?utm_term=.ad146cd2a5db.
236. December 21, 2026, email from Jan BenDor, Michigan Election Reform Alliance’s statewide coordinator, to author. “As we explained in our press conference on Monday [December 19], Michigan election officials sabotaged the Stein recount by lying about what the 1954 law actually says, and what the 1979 promulgated recount rules actually say.” See: “Michigan Election Reform Alliance News Conference,” by Walter Sorg, YouTube.com, December 20, 2016. https://www.youtube.com/watch?v=7qSmPymx9G0.
237. “Voter Suppression in the Mirror and Looking Forward: How much damage occurred in 2016, and what’s in store for 2018 and beyond?” by Miles Rapoport, The American Prospect, August 7, 2017. http://prospect.org/article/voter-suppression-mirror-and-looking-forward.
238. “What 6 Top Election Experts Are Saying About the Next Big Step in the 2016 Recount,” by Steven Rosenfeld, Alternet.org, November 29, 2016, http://www.alternet.org/election-2016/what-6-top-election-experts-are-saying-about-next-big-step-2016-recount.
239. “The Real Story of the Recount,” by Bob Fitrakis, Columbus Free Press, January 4, 2017, http://columbusfreepress.com/article/real-story-recount.
240. “Don’t Tread on My Vote,” by Michelle Parker and Sharon Purvis, http://mzpiterations.com, July 2017. This website launches a campaign in Allegheny County to “push a referendum for the November 7, 2017, ballot that would enact an ordinance that creates a Voting Process Review Commission to evaluate Allegheny County’s voting system.” http://mzpiterations.com/.
241. December 23, 2016, letter from Jonathan S. Abady, lead attorney representing the Greens, to US Attorney General Loretta Lynch. https://d3n8a8pro7vhmx.cloudfront.net/jillstein/pages/27984/attachments/original/1482528938/FINAL_ECBA_letter_to_DOJ_re_election_investigation_(00270677x9CCC2).pdf?1482528938.
242. Same as 241: Letter from Jonathan S. Abady, see page 7.
243. Same as 239: “The Real Story of the Recount,” by Bob Fitrakis, Columbus Free Press, January 4, 2017.
244. October 23, 2017, email from Justin Levitt, Professor of Law and Associate Dean for Research at Loyola Law School, Los Angeles, CA. See: “Federal Prosecution of Election Offenses, Seventh Edition,” Department of Justice, May 2007. This is the DOJ’s 344-page manual for prosecutors in the Civil Rights Division’s Voting Section.
https://www.justice.gov/sites/default/files/criminal/legacy/2013/09/30/electbook-0507.pdf.
245. “On Tyranny: Lessons From The Twentieth Century,” June 2017 lecture by Timothy Snyder at International Festival of Arts and Ideas, New Haven, Connecticut, posted on Youtube, June 17, 2017, https://www.youtube.com/watch?v=_4T9aGYoONU.
246. Same as 229: “What We Know and Don’t Know about Election ‘Hacks’ in 2016,” by David Becker, Center for Election Innovation and Research, June 6, 2016.
247. “Inside the Trump Bunker, With Days to Go: Win or lose, the Republican candidate and his inner circle have built a direct marketing operation that could power a TV network—or finish off the GOP,” by Joshua Green and Sasha Issenberg, bloomberg.com, October 26, 2016, https://www.bloomberg.com/news/articles/2016-10-27/inside-the-trump-bunker-with-12-days-to-go.
248. “Information Operations and Facebook,” by Jen Weedon, William Nuland and Alex Stamos, Facebook, Inc., April 27, 2017. See page 11, section entitled, “A Deeper Look: A Case Study of a Recent Election.” https://fbnewsroomus.files.wordpress.com/2017/04/facebook-and-information-operations-v1.pdf.
249. “Connecting The Dots: Political Microtargeting and the Russia Investigation,” by Kate Brannen, JustSecurity.org, May 18, 2017, https://www.justsecurity.org/41199/connecting-dots-political-microtargeting-russia-investigation-cambridge-analytica/ This report includes excerpts from an interview with Sen. Mark Warner, D-VA, the Senate Intelligence Committee vice-chair, where he said the committee was looking at whether Russians were targeting Clinton voters in swing states with fake news via their social media accounts.
Also see: “Who Hacked the Election? Ad Tech Did. Through ‘Fake News,’ Identity Resolution and Hyper-Personalization,” by Jonathan Albright, Medium.com, July 30, 2017, https://medium.com/@d1gi/who-hacked-the-election-43d4019f705f.
250. Same as 245: “On Tyranny: Lessons From The Twentieth Century,” June 2017 lecture by Timothy Snyder at International Festival of Arts and Ideas, New Haven, Connecticut, posted on Youtube, June 17, 2017.
251. Same as
230: “Ex-NSA head suggests US also hacks political parties,” by Joe Uchill, The Hill, October 18, 2016.
252. “Were 2016 vote counts in Michigan and Wisconsin hacked? We double-checked,” by Walter R. Mebane Jr. and Matthew Bernhard, June 6, 2017, https://www.washingtonpost.com/news/monkey-cage/wp/2017/06/06/were-2016-vote-counts-in-michigan-and-wisconsin-hacked-we-double-checked/?utm_term=.4e769fa2eb9e.
253. “Watch: Hackers Demonstrate How to Crack Into Electronic Voting Machine in Minutes: Disturbing footage from the DEF CON 25 hacker convention,” by Lulu Friesdat, AlterNet.org, July 29, 2017, http://www.alternet.org/investigations/def-con-25-hackers-get-electronic-voting-machines-and-e-poll-books-minutes.
254. Same as 252: “Were 2016 vote counts in Michigan and Wisconsin hacked? We double-checked,” by Walter R. Mebane Jr. and Matthew Bernhard, June 6, 2017.
255. Same as 237: “Voter Suppression in the Mirror and Looking Forward: How much damage occurred in 2016, and what’s in store for 2018 and beyond?” by Miles Rapoport, The American Prospect, August 7, 2017.
256. “Wisconsin Strict ID Law Discouraged Voters, Study Finds,” by Michael Wines, New York Times, September 25, 2017.
https://www.nytimes.com/2017/09/25/us/wisconsin-voters.html.
CHAPTER 16: THE ELECTORAL COLLEGE
257. “Why I Will Not Cast My Electoral Vote for Donald Trump,” by Christopher Suprun, New York Times, Dec. 6, 2016, https://www.nytimes.com/2016/12/05/opinion/why-i-will-not-cast-my-electoral-vote-for-donald-trump.html?mcubz=2&_r=0.
258. December 29, 2017, letter to Congressional Black Caucus by Ruby Sales and Ann Billingsley (www.spirithouseproject.org) and Ann Massaro (Women and Allies).
259. “At Least 50 Trump Electors Were Illegitimately Seated as Electoral College Members: More evidence surfaces as calls mount to challenge congressional ratification of Electoral College vote,” by Steven Rosenfeld, AlterNet.org, January 4, 2017, http://www.alternet.org/election-2016/least-50-trump-electors-were-illegitimately-seated-electoral-college-members.
260. COUNTING ELECTORAL VOTES—JOINT SESSION OF THE HOUSE AND SENATE HELD PURSUANT TO THE PROVISIONS OF SENATE CONCURRENT RESOLUTION 2, House of Representatives, January 6, 2017. This is the Congressional Record and transcript of the Electoral College ratification debate on January 6, 2017. https://www.congress.gov/congressional-record/2017/01/06/house-section/article/H185-8.
261. PERMISSION TO PLACE IN THE RECORD A STATEMENT REGARDING THE JOINT SESSION OF ELECTION, House of Representatives, January 6, 2017. These are the extended remarks by Rep. Shiela Jackson Lee, D-TX, filed in the Congressional Record. https://www.congress.gov/congressional-record/2017/01/06/house-section/article/H190-3.
AFTERWORD
262. “The Other Right-Wing Tidal Wave Sweeping America: Federal and State Preemption of Local Progressive Laws: Preemption allows corporations to boost their profits by suppressing local government power, community groups and citizens,” by Don Hazen and Steven Rosenfeld, AlterNet.org, February 25, 2017, http://www.alternet.org/activism/other-right-wing-tidal-wave-sweeping-america-federal-and-state-preemption-local-progressive.
263. “Recidivism Watch: Trump’s claim that millions of people voted illegally,” by Glenn Kessler, Washington Post, January 24, 2017, https://www.washingtonpost.com/news/fact-checker/wp/2017/01/24/recidivism-watch-trumps-claim-that-3-5-million-people-voted-illegally-in-the-election/?utm_term=.bd3f388d4c36.
264. “Trump’s voter fraud experts registered in 3 states,” by Garance Burke, Associated Press, January 31, 2017, https://apnews.com/80497cfb5f054c9b8c9e0f8f5ca30a62.
265. “The Latest Voter Fraud Lie,” by The Editorial Board, The New York Times, Feb. 13, 2017, https://www.nytimes.com/2017/02/13/opinion/the-latest-voter-fraud-lie.html?_r=0.
266. “Trump’s Former Aide Concedes There Was No Voter Fraud In New Hampshire: Corey Lewandowski is not reading from the same script,” by Sam Stein, The Huffington Post, February 20, 2017, http://www.huffingtonpost.com/entry/trump-voter-fraud-corey-lewandowski_us_58ab2331e4b07602ad56d2f4.
267. “Trump’s voter fraud claims undermine the democratic process and his presidency,” by Dan Balz, The Washington Post, January 25, 2017, https://www.washingtonpost.com/politics/trumps-voter-fraud-claims-undermine-the-voting-system-and-his-presidency/2017/01/24/a71d58ee-e288-11e6-a453-19ec4b3d09ba_story.html?utm_term=.2e1c1a730607.
268. Jeff Sessions, Wikipedia biography. Excerpt: “In 1985, Sessions prosecuted three African American community organizers in the Black Belt of Alabama, including Martin Luther King Jr.’s former aide Albert Turner, for voter fraud, alleging tampering with 14 absentee ballots. The prosecution stirred charges of selective prosecution of black voter registration. The defendants, known as the Marion Three, were acquitted of all charges by a jury after three hours of deliberation.” https://en.wikipedia.org/wiki/Jeff_Sessions#U.S._Attorney.
269. “Trump administration confirms plans to drop key claim against Texas Voter ID: The US Department of Justice confirmed Monday it plans to ditch its longstanding position that Texas lawmakers purposefully discriminated against minority voters by passing the nation’s strictest voter identification law in 2011,” by Jim Malewitz, The Texas Tribune, Feb. 27, 2107, https://www.texastribune.org/2017/02/27/voter-id-case-trumps-team-drops-argument-against-texas/.
270. “Obama’s DOJ Fought Texas Voter ID Law. Trump’s New Civil Rights Chief Offered Tips On Writing It: That’s not a great sign for voting rights,” by Ryan Reilly, The Huffington Post, January 25, 2017, http://www.huffingtonpost.com/entry/civil-rights-division-trump-texas-voter-id_us_5887a75fe4b098c0bba6f72d.
271. “Restore lawful enforcement policies in the Civil Rights Division,” March 28, 2017 letter to US Attorney General Jeff Sessions, from two-dozen Republicans including former George W. Bush administration DOJ staffers. https://www.scribd.com/document/343306400/Letter-to-AG-Sessions-on-Civil-Rights-Division Also see: “A Department of Justice, But For Whom?” by Joshua Matz and Leah Litman, April 7, 2017, TakeCare.com, https://takecareblog.com/blog/a-department-of-justice-but-for-whom.
272. Same as 166: former Republican DOJ appointees’ letter to Sessions. Also see: “The Justice Department’s Voter Fraud Scandal: Lessons,” by Adam Gitlin and Wendy Weiser, The Brennan Center for Justice at New York University Law School, January 6, 2017. https://www.brennancenter.org/publication/justice-departments-voter-fraud-scandal-lessons.
273. “Presidential Executive Order on the Establishment of Presidential Advisory Commission on Election Integrity,” The White House, May 11, 2017, https://www.whitehouse.gov/the-press-office/2017/05/11/presidential-executive-order-establishment-presidential-advisory.
274. Same as 166: former Republican DOJ appointees’ letter to Sessions.
275. June 28, 2017, letter from Kris Kobach, Vice-Chair, Presidential Commission on Election Integrity, to state election directors. https://twitter.com/vanitaguptaCR/status/880479649817649152.
276. Tweets by Michael McDonald, University of Florida US election turnout expert, on July 1, 2017. “Make no mistake, this is a cynical, calculated ploy engineered by Kobach who knew some states could never respond … So when Kobach says states are ‘hiding’ he knew in advance some states couldn’t share data. His request set states up so he can accuse them.” https://twitter.com/ElectProject/status/881139025440124928.
277. Tweet by Donald J. Trump, July 1, 2017, 6:07 AM. https://twitter.com/realDonaldTrump/status/881137079958241280.
278. “The Bogus Voter-Fraud Commission,” by the Editorial Board, The New York Times, July 22, 2017, https://www.nytimes.com/2017/07/22/opinion/sunday/the-bogus-voter-fraud-commission.html?_r=0.
279. “Presidential Advisory Commission on Election Integrity, Mission, Procedures and Topics for Consideration,” July 19, 2017, meeting, broadcast by C-SPAN.org, https://www.c-span.org/video/?431521–3/presidential-advisory-commission-election-integrity-mission-procedures-topics-consideration.
280. “President Trump Appoints Country’s Worst Vote Suppressor to His ‘Election In
tegrity’ Commission,” by Rick Hasen, Election Law Blog, June 29, 2017. http://electionlawblog.org/?p=93444.
281. June 28, 2017, letter from T. Christian Herren Jr., Chief, Voting Section, US Department of Justice, to state election directors to review “voter list maintenance procedures in each state.” https://twitter.com/JessicaHuseman/status/880499901179809792.
282. Same as 272: “The Justice Department’s Voter Fraud Scandal: Lessons,” by Adam Gitlin and Wendy Weiser, The Brennan Center for Justice at New York University Law School, January 6, 2017.
283. Husted v. A. Philip Randolph Institute, Supreme Court of the United States blog. “Issue(s): Whether 52 U.S.C. § 20507 permits Ohio’s list-maintenance process, which uses a registered voter’s voter inactivity as a reason to send a confirmation notice to that voter under the National oter Registration Act of 1993 and the Help America Vote Act of 2002.” http://www.scotusblog.com/case-files/cases/husted-v-philip-randolph-institute/.
284. “Justice Dept. sides with Ohio’s purge of inactive voters in case headed to Supreme Court,” by Sari Horwitz, The Washington Post, August 8, 2017. Excerpt: “The move is part of a broader campaign by the Trump administration to support restrictions on who is eligible to vote, a radical change in philosophy from the previous Justice Department, which sued a number of states over voting laws that it deemed discriminatory against minorities.”
“https://www.washingtonpost.com/world/national-security/justice-department-reverses-position-to-allow-ohio-to-purge-inactive-voters-from-rolls/2017/08/08/e93c5116-7c35-11e7-9d08-b79f191668ed_story.html?utm_term=.ce60184c4704.
285. Gill v. Whitford, Supreme Court of the United States blog. “Issue(s): (1) Whether the district court violated Vieth v. Jubelirer when it held that it had the authority to entertain a statewide challenge to Wisconsin’s redistricting plan, instead of requiring a district-by-district analysis; (2) whether the district court violated Vieth when it held that Wisconsin’s redistricting plan was an impermissible partisan gerrymander, even though it was undisputed that the plan complies with traditional redistricting principles; (3) whether the district court violated Vieth by adopting a watered-down version of the partisan-gerrymandering test employed by the plurality in Davis v. Bandemer; (4) whether the defendants are entitled, at a minimum, to present additional evidence showing that they would have prevailed under the district court’s test, which the court announced only after the record had closed; and (5) whether partisan-gerrymandering claims are justiciable.” http://www.scotusblog.com/case-files/cases/gill-v-whitford/.
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