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Bipartisan Group of Senators Propose Bill to Overhaul Electoral Count Act in Response to Jan. 6

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The legislation would clarify the role of the vice president in certifying elections, make it more difficult for members of Congress to raise objections to certification, and more specifically define the role of states in the process. 


The Electoral Count Reform and Presidential Transition Act

A bipartisan group of senators introduced a bill Wednesday that would modernize the Electoral Count Act (ECA), an 1887 law that former President Donald Trump and his allies used to try and overturn the results of the election.

The legislation, dubbed the Electoral Count Reform and Presidential Transition Act, broadly aims to ensure that there is a peaceful transfer of power between presidents.

Among other measures, the proposal would clarify that the vice president’s role in Congress’ certification of the election is purely ceremonial with no authority to reject electors, as Trump had pressured then-Vice President Mike Pence to do. The bill would also make it harder for members of Congress to challenge state election results when they are finalized in the chambers by raising the threshold for objections. 

Under the current law, only one member of the House and one member of the Senate can challenge any state’s slate of electors, but the proposal would require objections from at least 20% of the members from each chamber.

Beyond that, the legislation takes steps to protect election certification at the state level by including provisions that would ensure Congress can identify one conclusive slate of electors from each state.

Similarly, the plan would remove a provision in a separate 1845 law that state legislatures could potentially use to override the popular vote of their residents by declaring a so-called “failed election” — a phrase that is not defined in law.

Likelihood of Passage

Unlike other previous federal attempts to provide basic protections for the election system since the Jan. 6 insurrection, the Electoral Count Reform and Presidential Transition Act actually has a solid chance of passing the senate.

Of the 16 senators that introduced the bill, nine are Republicans. Conservative Sen. Joe Manchin (D-W.V.), who has often foiled his party’s agenda since Democrats assumed control of the chamber in the 2020 election, was also part of negotiations.

At least 10 members of the GOP would need to join all Democrats to break the filibuster, but that support could be imminent. While Senate Minority Leader Mitch McConnell (R-Ky.) has yet to endorse the plan, he previously signaled that he is open to reforming the ECA, and echoed the need for the law to be changed in comments to reporters earlier this week.

The new proposal comes just ahead of the 8th scheduled public hearing held by the House committee investigating the Jan. 6 insurrection and Trump’s role in it. The hearing, set for 8 p.m. EST Thursday, is currently the last one planned for the panel this summer.

The committee has said it is continuing its investigation and could hold more hearings in the future before it releases its final report, but the Thursday event has broadly been described as a closing argument for the case against Trump’s efforts to overturn the election and incite the attack on the Capitol.

See what others are saying: (The New York Times) (The Washington Post) (NPR)

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Social Media Companies Announce Plans to Address Election Misinformation Ahead of Midterms

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Tech companies are facing renewed pressure to address election misinformation, especially TikTok, which has faced growing criticism for failing to properly regulate the growing political content on its platform.


TikTok Ramps Up Pre-Election Efforts Amid Increased Scrutiny

With the 2022 midterms now mere months away, some of the largest social media companies have begun rolling out plans to combat election misinformation.

In a blog post Wednesday, TikTok outlined a series of measures, such as creating an Elections Center “to connect people who engage with election content to authoritative information” and adding labels to midterm-related content that will then direct people to the new hub.

The video-sharing app also said it is reinforcing the political ad ban by introducing “a tool that makes it easy for creators to disclose paid relationships.” In the coming weeks, the platform will “publish a series of educational content on our Creator Portal and TikTok, and host briefings with creators and agencies” to further clarify rules around paid content and elections.

The enhancements to political ad policies come after a report published by the Mozilla Foundation last summer found that even though the spots are banned on TikTok, enforcement is very weak, and poor disclosure policies allow creators to spread political viewpoints without always disclosing sponsorships from political groups.

The study has further added to the increased scrutiny of TikTok this election cycle. The app, which was still primarily used for entertainment in the 2020 elections, has since become a home for more political content and with it, more political misinformation.

The popular platform has recently faced criticism for its failure to properly crackdown on political misinformation in several elections abroad, including in Germany, Columbia, and the Philippines. 

Experts note that this battle — which Facebook and Twitter have so poorly fought for years — may even be harder for TikTok to address because video and audio are often more difficult to moderate than text. Even when there is text in videos or captions, creative spellings can easily slip through the platform’s filters.

For example, while users cannot search the hashtag #StopTheSteal, according to The New York Times, #StopTheSteallll had nearly a million views before it was disabled by TikTok — a move the platform only made after the outlet contacted it.

More of the Same From Meta and Twitter

While TikTok has more catching up to do as a newcomer to the world of regulating political misinformation, Meta and Twitter have also been taking renewed actions ahead of the upcoming elections.

On Tuesday, Meta released a post detailing its plans for November. Many of Meta’s proposals, however, are essentially unchanged from the steps it took in the last election cycle that many believed fell short, including vague vows to remove any misinformation about voting and to refuse ads encouraging people not to vote or questioning election legitimacy.

The company, which has faced widespread condemnation for its continued refusal to ban political ads, also said it would prohibit new spots in the week leading up to the election — as it did in 2020. During that same week, Meta will no longer allow any edits to ads that have previously been run.

Twitter additionally outlined several efforts last week, though, like Meta, many of the measures are not drastically different from previous election-centered policies.

For instance, the platform has now activated its civic integrity policy, which bans common types of misinformation about elections, and has been activated ahead of past national contests. 

Twitter is also launching several product updates aimed at connecting people to reliable information, like bringing back prompts about how and where to vote on people’s timelines, as well as creating state-specific event hubs and a Dedicated Explore tab.

See what others are saying:  (Axios) (The Verge) (The New York Times

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Rep. Liz Cheney Loses Election in Landslide, But Alaska Races Show Mixed Results for Trump-Backed Republicans

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Despite the defeat of one of the former president’s biggest Republican critics, anti-Trump candidates had positive showings elsewhere.


Cheney Defeated

The fissures within the Republican party were once again on display as voters in Alaska and Wyoming took to the polls Tuesday in some of the final primary contests of the 2022 midterm season.

As with earlier races, the Tuesday elections further underscored the power former President Donald Trump still possesses over the GOP.

Trump’s sway was particularly evident in the highly anticipated primary for Wyoming’s sole congressional seat currently held by Republican Representative Liz Cheney, who lost her re-election campaign by a landslide. With around 95% of precincts reporting, the incumbent received just 28% of the vote while her rival, a Trump-backed attorney, earned 66%.

Source: The New York Times

Cheney’s loss, however, is anything but unexpected. She has arguably been the most vocal and public-facing Republican leader within the small group who has denounced Trump following the Jan. 6 insurrection.

As the No. 3 Republican in House leadership, she was the highest-ranking member of the party to vote in favor of Trump’s second impeachment. She was later stripped of that leadership role by her colleagues after she continued to call out Trump’s election lies and condemn him for minimizing the attack.

Yet another nail in the coffin came when Cheney accepted an appointment by House Speaker Nancy Pelosi (D-Ca.) to serve on the panel investigating the insurrection, eventually assuming the position of vice-chair and effectively becoming the face of the committee’s public hearings.

Cheney is not the only Republican who has firmly denounced Trump and lost her seat. Of the 10 Republican House members who voted in favor of impeaching the former president after the insurrection, only two have advanced to the general election. Four have now lost their primaries, and the remaining four have decided not to even run for re-election at all.

Cheney, for her part, has made it clear that her fight is far from over. In a concession speech Tuesday evening, she continued her condemnation of Trump and implied she was eyeing a presidential run.

On Wednesday, the congresswoman told NBC’s “Today Show” that she was “thinking” about running and would make the decision “in the coming months.”

Anti-Trump Candidates Fair Well in Alaska 

How much momentum Cheney gets for this potential bid will be important to watch because, even with her loss, it is essential to remember there is still a base of Republicans who do not support Trump and his candidates.

Despite the message sent in Wyoming, anti-Trump candidates had a strong showing in Alaska, which holds open primaries where members of all parties compete against each other and the top four candidates advance to the ranked-choice general election regardless of affiliation.

One of the individuals who advanced in the state’s Senate race was incumbent Republican Senator Lisa Murkowski, the only Senate Republican who voted to convict Trump at his impeachment trial.

Not only did Murkowski advance in the race, but with around 70% of votes counted as of Wednesday afternoon, she also was leading the Trump-backed opponent by a margin of just over 43% to 40%.

Source: The New York Times

A similar outcome has also been emulated in the special election to choose who will serve out the remainder of the term for Alaska’s only Congressional seat, which was vacated following the death of the previous member.

The special election is not a primary. Alaskans already went through the primary process for this race back in June, selecting their top four candidates to advance to the general vote, though one of the four, a Democrat, dropped out after.

As a result, voters got to use the ranked-choice system for the first time to pick between the remaining Democrat, Mary Peltola, and two Republicans, which included Trump-endorsed former Alaska Governor Sarah Palin. With just under 70% of precincts reporting, Peltola held lead, with Palin in second place and tailing by six points.

The current results do not ensure the Democratic candidate will win. The process of tallying all the ranked-choice votes is expected to take weeks and the final outcome depends on how voters ranked each candidate in relation to each other — specifically, who they ranked second.

Source: The New York Times

When juxtaposed with Cheney’s loss, the two elections in Alaska continue to paint a picture of a deeply divided party and an uncertain future. Although it is undoubtedly clear that Trump still has a lot of influence, these fractures raise questions about the limits of his clout.

See what others are saying: (The Washington Post) (The New York Times) (Axios)

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House Report Details Violent Threats Against Election Workers Driven by Misinformation

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Election administrators specifically flagged election falsehoods promoted by Trump and restrictive election laws that have been put in place by Republican state lawmakers.


Oversight Committee Investigation

The House Oversight Committee published a jarring report Thursday outlining in grisly detail the real-world, lasting effects of the ongoing election misinformation campaign spearheaded by former President Donald Trump and his allies.

The report is part of an investigation into the impact Trump’s lies have had on election administration and American democracy at large. The findings published Thursday draw from comments made by the leaders of election worker organizations in four battleground states: Arizona, Florida, Ohio and Texas.

“The investigation uncovered that coordinated campaigns of election disinformation are disrupting the crucial work of local election officials, subjecting these Americans to violent threats, and overwhelming the limited resources available to provide accurate information to voters and protect the integrity of our democratic system,” the panel wrote.

“The investigation revealed that local election officials were singled out by politicians with a national platform, leading to unprecedented threats and harassment.”

The 21-page report mentions a number of examples, including one election official in Texas whose home address leaked after he was “singled out” by “out-of-state candidates.”

“Social media messages included, ‘hunt him down,’ ‘needs to leave Texas and U.S. as soon as possible,’ and ‘hang him when convicted for fraud and let his lifeless body hang in public until maggots drip out of his mouth,” the official told the members of Congress. “Perhaps most disturbing, messages threatening his children, saying, ‘I think we should end your bloodline.’”

Another instance centered around an election supervisor in Florida who was targeted by many prominent conservative figures, including commentator and conspiracy theorist Alex Jones, as well as far-right political operative Roger Stone.

According to the panel, the two men spread outlandish conspiracies about the worker, publicized his office phone number, and encouraged listeners to call the supervisor to tell him “that they are watching him, that he is a piece of crap, and that these are their elections.”

The administrator’s office “was inundated with phone calls from angry conspiracy theorists from across the country,” the report stated.

Ties to Trump and GOP Election Laws

In addition to the Trump allies who targeted election workers simply trying to do their jobs, the committee’s investigation also explicitly drew connections to the former president himself.

“We had many people demanding to know exactly when their ballot was counted because ‘the President told them to,’” an Arizona election official told the representatives.

Election officials also detailed how harmful the restrictive election laws passed by Republican lawmakers have been. These laws, they said, are “impossible to enact,” can be very expensive for taxpayers, and have “magnified the belief” in election disinformation — thus further perpetuating the cycle of violence against election workers.

The report further emphasized how these conditions have pushed many election workers out of their jobs, creating a need for labor in an already meager pool. To address these issues, the panel outlined several executive and legislative steps.

At the executive level, the representatives proposed the creation of a federal agency to support local efforts to combat misinformation. The members also called on the Justice Department to ramp up federal prosecution of the threats and harassment of election administrators.

The committee additionally urged their fellow members of Congress to allocate funding for election offices to increase both physical and cyber security efforts and counter threats against workers.

See what others are saying: (Axios) (UPI) (The Washington Post)

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