[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] VOTING RIGHTS AND ELECTION ADMINISTRATION: COMBATTING MISINFORMATION IN THE 2020 ELECTION ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON ELECTIONS OF THE COMMITTEE ON HOUSE ADMINISTRATION HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION __________ OCTOBER 6, 2020 __________ Printed for the use of the Committee on House Administration [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available on the Internet: http://www.gpoinfo.gov/committee/house-administration __________ U.S. GOVERNMENT PUBLISHING OFFICE 42-741 PDF WASHINGTON : 2022 ----------------------------------------------------------------------------------- COMMITTEE ON HOUSE ADMINISTRATION ZOE LOFGREN, California, Chairperson JAMIE RASKIN, Maryland RODNEY DAVIS, Illinois, Ranking SUSAN A. DAVIS, California Member G. K. BUTTERFIELD, North Carolina MARK WALKER, North Carolina MARCIA L. FUDGE, Ohio BARRY LOUDERMILK, Georgia PETE AGUILAR, California C O N T E N T S ---------- OCTOBER 6, 2020 Page Voting Rights and Election Administration: Combatting Misinformation in the 2020 Election............................ 1 OPENING STATEMENTS Chairwoman Marcia L. Fudge....................................... 1 Prepared statement of Chairwoman Fudge....................... 4 Prepared statement of Ranking Member Davis................... 7 WITNESSES Hon. Benjamin Hovland, Commissioner, U.S. Election Assistance Commission..................................................... 11 Prepared statement of Hon. Hovland........................... 14 Hon. Jena Griswold, Secretary of State, State of Colorado........ 16 Prepared statement of Hon. Griswold.......................... 18 Ms. Inajo Davis Chappell, Member, Board of Elections, Cuyahoga County, Ohio................................................... 21 Prepared statement of Ms. Chappell........................... 23 Mr. Spencer Overton, President, Joint Center for Political and Economic Studies............................................... 26 Prepared statement of Mr. Overton............................ 28 QUESTIONS FOR THE RECORD Hon. Benjamin Hovland, Commissioner, U.S. Election Assistance Commission answers to submitted questions...................... 106 Hon. Jena Griswold, Secretary of State, State of Colorado, answers to submitted questions................................. 117 Ms. Inajo Davis Chappell, Member, Board of Elections, Cuyahoga County, Ohio, answers to submitted questions................... 119 Mr. Spencer Overton, President, Joint Center for Political and Economic Studies, answers to submitted questions............... 124 SUBMISSIONS FOR THE RECORD Article, The Kremlin's Plot Against Democracy: How Russia Updated Its 2016 Playbook for 2020, by Alina Polyakova, Foreign Affairs, September/October 2020................................ 134 Article, What We Know About Alleged Efforts by Trump's 2016 Campaign to Suppress Black Votes, Washington Post, September 29, 2020....................................................... 141 Mythbusters, Cuyahoga County Board of Elections (submitted by Ms. Chappell)...................................................... 145 VOTING RIGHTS AND ELECTION ADMINISTRATION: COMBATTING MISINFORMATION IN THE 2020 ELECTION ---------- TUESDAY, OCTOBER 6, 2020 House of Representatives, Subcommittee on Elections, Committee on House Administration, Washington, DC. The Subcommittee met, pursuant to call, at 1:00 p.m., via Webex, Hon. Marcia L. Fudge [Chair of the Subcommittee] presiding. Present: Representatives Fudge, Lofgren, Aguilar, Butterfield, and Raskin. Staff Present: Jamie Fleet, Staff Director; David Tucker, Senior Counsel and Parliamentarian; Peter Whippy, Communications Director; Natalie Young, Press Secretary; Stephen Spaulding, Senior Elections Counsel; Sarah Nasta, Elections Counsel; Kulani Jalata, Elections Counsel; Georgina Cannan, Elections Counsel; Daniel Taylor, General Counsel; and Brandon Jacobs, Legislative Clerk. Chairwoman Fudge. The Subcommittee on Elections of the Committee on House Administration will come to order. I am happy to announce that we are joined today by Congressman Butterfield from North Carolina, Mr. Aguilar from California, and Mr. Raskin from Maryland. As we begin, I want to note, we are holding this hearing in compliance with the regulations for remote committee proceedings pursuant to House Resolution 965. Generally, the Committee will keep microphones muted to limit background noise. Members will need to unmute themselves when seeking recognition or when recognized for their five minutes. Witnesses will need to unmute themselves when recognized for their five minutes or when answering a question. Members and witnesses, please keep your camera on at all times. Even if you need to step away for a moment, do not leave the meeting. At this time, I ask unanimous consent that all members have five legislative days to revise and extend their remarks and that any written statements be made part of the record. Hearing no objections, so ordered. Today, we are examining misinformation in the 2020 election, how the spread of false information harms voters, and what can be done to combat this and ensure Americans go to the polls armed with accurate information. This year, we cannot discuss election misinformation without also recognizing the persistent misinformation being spread about the ongoing COVID-19 pandemic. Americans need accurate information about how to cast their ballot, about the pandemic, and, importantly, accurate information on how to cast their ballot in a manner that protects their health. Election day may be four weeks from today, but voting is already well underway. Overseas and military ballots were sent out to thousands of voters a few weeks ago. Absentee ballots can be requested now and returned in the weeks ahead. More than 30 States are already mailing ballots to voters. Early in- person voting began in many States over the last two weeks, and more will do so in the days and weeks ahead. In fact, early voting begins in Ohio today. The American people are voting and will be voting now through November 3. And, during all of this, the President and others are waging an insidious campaign to sow distrust in our electoral process by spreading false claims that vote-by-mail is rife with fraud, making unsubstantiated claims the election will be rigged, encouraging people to vote twice, which is illegal and immoral. Additionally, U.S. intelligence agencies warn that Russia has continued its disinformation campaign and attempts to interfere in our election. In 2016, no group of Americans were targeted more by Russian Internet Research Agency disinformation than African Americans. The American people deserve the truth. They deserve an election free from the real fraud of false information and voter suppression. The truth is, millions of Americans, including the President and members of his administration, cast a ballot by mail every election cycle with exceedingly rare instances of fraud. The truth is, as significantly more Americans prepare to cast their ballot from home this year than ever before, the American people must be prepared that we may not know the winner of the election on the night of November 3 and that this does not mean anything is wrong with the election. Election night results are never final results. Many States take days, if not weeks, to formally certify their election results. Many States also allow ballots that were mailed on election day but received in the days after to be counted. The truth is that there is nothing nefarious; it is simply about counting ballots. The count must be accurate, and that takes time. Every validly cast vote should count. That is democracy. Votes mailed on election day are votes cast on election day, and we should count them, not spread fear and lie about a rigged election. The misinformation being spread in the lead-up to this year's election is a disservice to voters and a danger to our democracy and our democratic institutions. The House passed the SHIELD Act in October 2019, which would address the spread of misinformation, including prohibiting the spread of false information about voting, but the Senate has refused to act. It is our duty to ensure voters have all the necessary accurate information they need to cast their ballots freely, fairly, and safely during the pandemic and with confidence in our electoral system. I thank all of our witnesses for being here today, and I look forward to hearing your testimony. [The statement of Ms. Fudge follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] The Ranking Member is unfortunately unable to join us today. I ask unanimous consent that his statement be made part of the hearing record. Without objection, so ordered. [The statement of Mr. Davis follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. As I introduce the panel, each of you will be recognized for five minutes. I will remind our witnesses that their entire written statements will be made part of the record and that the record will remain open for at least 5 days for additional materials to be submitted. Another reminder to all our witnesses: There is a timer on the screen. Please be sure you can see the timer and are mindful of the five-minute limit. Joining us today: Benjamin Hovland, a commissioner with the U.S. Election Assistance Commission and the Commission's current chair. Commissioner Hovland was confirmed by unanimous consent in the Senate on January 2, 2019. He previously served as acting chief counsel for the Senate Committee on Rules and Administration. Welcome, sir. Jena Griswold is Colorado's 39th Secretary of State. Secretary Griswold began her term on January 8, 2019. She is the youngest elected Secretary of State in the country. Secretary Griswold has practiced international anti-corruption law, worked as a voter protection attorney, and previously served as the director of the Governor of Colorado's D.C. office. Welcome. Inajo Davis Chappell is a member of the Cuyahoga County Board of Elections, having served since her appointment in April of 2007. She is a partner at Ulmer & Berne, LLP, in Cleveland and chairs the firm's nonprofit group and is my good friend. Welcome. Spencer Overton is the president of the Joint Center for Political and Economic Studies. Mr. Overton is also a tenured professor at the George Washington University School of Law. He previously served as Principal Deputy Assistant Attorney General in the Office of Legal Policy at the Department of Justice during the Obama administration. It is interesting to note that we are holding this hearing during National Voter Education Week. With that, I will now recognize our witnesses for their five minutes. We will begin today with Mr. Hovland. You are recognized for five minutes. STATEMENTS OF THE HONORABLE BENJAMIN HOVLAND, COMMISSIONER, U.S. ELECTION ASSISTANCE COMMISSION; THE HONORABLE JENA GRISWOLD, SECRETARY OF STATE, STATE OF COLORADO; INAJO DAVIS CHAPPELL, MEMBER, BOARD OF ELECTIONS, CUYAHOGA COUNTY, OHIO; AND SPENCER OVERTON, PRESIDENT, JOINT CENTER FOR POLITICAL AND ECONOMIC STUDIES STATEMENT OF THE HONORABLE BENJAMIN HOVLAND Mr. Hovland. Good afternoon. Thank you, Chairwoman Fudge and members of the Subcommittee. I appreciate this opportunity to testify before you today regarding the U.S. Election Assistance Commission's ongoing work in this important issue. Combating misinformation and disinformation was one of the expected issues of the 2020 election, and the COVID-19 pandemic has only exacerbated the risk. Following the 2016 foreign interference in our elections, there has been an increased focus and dedication to the security of our elections. The Department of Homeland Security's designation of election infrastructure as critical infrastructure has helped to fortify and coordinate efforts between Federal, State, and local government agencies, as well as with private industry. This has led to a sea change in information-sharing and, coupled with the Help America Vote Act grant funding, has greatly improved the security posture of our elections. While that commitment to securing our elections has continued, it is impossible to discuss the 2020 election without acknowledging the impact of the COVID-19 pandemic. Since March, amid the ongoing debates about the health of our communities and our economy, election administrators have faced the difficult task of determining how to best adapt their practices and procedures to conduct safe, secure, accessible, and accurate elections. At the EAC, we have pivoted substantially to focus our attention on how we can support State and local election officials as they make these tough decisions. The EAC has also distributed almost $1.2 billion in grant funding to the States since 2018. This includes $400 million from the recent CARES Act funds and additional election security funds authorized under HAVA. These resources have proven vital to improving election administration and addressing the COVID-19-related issues. Election administrators have really risen to the challenge during these difficult times, but the public servants who administer elections can only do their best when it comes to limiting the impact of widespread misinformation and disinformation about our elections. Political campaigns and interest groups are spending billions of dollars to influence Americans. Foreign adversaries are amplifying our divisions and mimicking traditional voter- suppression tactics to dissuade participation or provide inaccurate information about how voters can participate. In the face of that, Americans must come together to protect our Nation, the electoral process, and voter confidence. Those who can should help encourage Americans' confidence in our electoral process by highlighting the great work of our election administrators. Additionally, supporting efforts like the National Association of Secretaries of State-driven #TrustedInfo2020 campaign are an integral part of ensuring Americans get the right information on how to participate this year. Today, we are 28 days from election day. As Chairperson Fudge mentioned, military and overseas citizen, or UOCAVA, ballots have been sent out all across the country and around the world. A number of States have already begun early voting, and some registration deadlines have already passed. The most important things we can focus on at this point are the basics: serving voters well and helping them to have a positive experience, whether they vote by mail or absentee ballot, early in person, or on election day. Misinformation or disinformation can interfere with that. We must push back, not only against this intentionally misleading disinformation, but also misinformation that may be well-intentioned or appropriate for citizens in one State or jurisdiction but not another. In the D.C. area, for example, voters are registered in one of two States or the District. And, of course, social media does not stop at the State line. The reality is, the 50 States each run elections in their own unique way. The #TrustedInfo2020 effort that I mentioned earlier is about helping Americans get accurate information about election administration from their State and local election officials. This is the trusted source for each voter, which provides correct information on how to participate. With all the noise that surrounds this election, it is crucial that we encourage individuals to think through how they plan to vote and drive them to trusted source information. Most Americans have the option to vote by mail or absentee ballot, early in person, or on election day. We know from the Centers for Disease Control that limiting congestion in the polling places will help keep voting as safe as possible. Helping Americans get accurate information about their voting options and how they can participate this year ensures that voters have the opportunities to vote on or before election day. Thank you again for the opportunity to testify today, and I look forward to your questions. [The statement of Mr. Hovland follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you very much, Commissioner, and appreciate your testimony. We will now hear from Secretary of State Griswold. You are now recognized for five minutes. STATEMENT OF THE HONORABLE JENA GRISWOLD Ms. Griswold. Chairperson Fudge and Subcommittee members, thank you for your work on elections and for inviting me to this important hearing. My name is Jena Griswold, and I am Colorado's Secretary of State. I look forward to sharing my views on combating misinformation in the 2020 election. As Colorado's top election official, I believe election security is one of our greatest national security risks. If foreign countries interfere with our elections, it undermines faith in the entire electoral process. When voters doubt the process, they are less likely to participate, which weakens the very nature of our democracy. Today, I would like to briefly discuss the threats we are facing, what we are doing to combat them, and proposals for congressional action. Now, the intelligence community and bipartisan Senate Select Committee on Intelligence concluded that Russia interfered in the 2016 election. We know that foreign enemies, primarily Russia, are again trying to influence how we vote and undermine confidence in our elections based on reports from the ODNI. And the FBI and CISA just released the most pointed warnings to date, noting foreign actors may try to undermine confidence in the results. Foreign adversaries are right now, right this minute, meddling in our elections. We cannot allow this to continually happen. In response, to ensure Colorado remains at the forefront of election preparedness and that Coloradans remain confident in our process, I created the Rapid Response Election Security Cyber Unit, known as RESCU, to combat misinformation and emerging cyber threats. The RESCU team is coordinating with partners to increase resilience to foreign misinformation on the electoral process by implementing a public outreach effort to ensure Coloradans know to ignore the noise and seek reliable election information, ensuring my office can rapidly respond to misinformation on the electoral process by releasing accurate information, and ensuring county and nongovernmental partners work with us to roll out correct information. We are also working with DHS and the FBI on additional measures. Following the election, the team will shift towards further increasing our cybersecurity defenses and resilience to foreign interference. The team will stand up a cross-State initiative to advance legislative and policy initiatives to counter foreign misinformation. On this note, last winter, before COVID-19 shut down our State legislature, I proposed legislation to combat foreign disinformation in Colorado. The proposal, which I hope will become law, strengthens requirements to ensure paid election messages are not coming from foreign sources, stops campaign deepfake videos, prohibits campaigns from coordinating with foreign governments, and creates a private right of action to combat election misinformation close to the election. We must ensure that foreign countries do not use social media platforms as a tool to suppress Americans' votes. Colorado is leading on this, and our democracy demands it. Congress also has an important role to play, from legislation, appropriations, and warnings to the public about foreign adversaries' efforts. To tackle election misinformation, I recommend the following congressional actions: First, Congress should establish a commission with bipartisan representatives from State governments to develop recommendations to ensure that what happened in 2016 and is happening right now never happens again. Second, Congress should provide adequate funding to States for election cybersecurity, with a focus on increasing resilience to foreign misinformation. Third, Congress should require the intelligence community to rapidly declassify foreign misinformation and work with bipartisan representatives from State and Federal Government to roll out this information to the American public. And, fourth, Congress should consider legislation, like we are doing in Colorado, to combat deepfakes, election misinformation, and foreign coordination. To this end, I also call on Congress to act to remove the artificial protections afforded to social media companies by Section 230 of the 1996 Communications Decency Act. Social media companies are not neutral platforms, and third-party content posted on their sites can promote ill-intentioned foreign activity. They should no longer be shielded from accountability. While social media can be a tool for good, adversaries can also use it to their advantage with precision never seen before. In closing, I am grateful for this opportunity to testify today. I am optimistic that, with your leadership and partnership, we can counter foreign misinformation and ensure that every American has a democracy we can believe in. Thank you. [The statement of Ms. Griswold follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you. Attorney Davis Chappell, you are recognized for five minutes. STATEMENT OF INAJO DAVIS CHAPPELL Ms. Davis Chappell. Thank you to the Chair, Honorable Marcia Fudge, and to the other distinguished members of the United States House of Representatives on this Subcommittee. I appreciate the opportunity to speak. In the 13 years I have served on the Cuyahoga County Ohio Board of Elections, including the last three Presidential elections, I have never witnessed the kinds of falsehoods being disseminated about the integrity of our elections process that I have been seeing in this Presidential cycle. The lie that there is rampant voting fraud has been tamped down somewhat, but the campaign to discredit the integrity of our elections process is on the upswing, and it is shameful. The latest untruths being circulated in this election cycle, around vote-by-mail being fraught with problems, have not diminished the numbers of voters requesting vote-by-mail ballots. It is a bona fide election fact that voters in Cuyahoga County, Ohio, have been voting by mail successfully since 2006. Our Ohio Secretary of State, Frank LaRose, has published a number of materials this year highlighting the goals and tactics of the mis/disinformation campaigns we are seeing. These campaigns are, quote, picking divisive issues such as race, religion, and gender; planting fake news; amplifying messages via extreme fringe groups; organizing protests and so forth; using internet and social media to launch mass influence campaigns with a goal of subversion, civil unrest, and the creation of public discord. The campaigns are exploiting grievances, building distrust and cynicism, and ultimately discouraging voter participation. Our Secretary has noted that there are a number of foreign bad actors--Russia, North Korea, China, Venezuela--engaging in this campaign. Sadly, however, much of this misinformation is being promoted by President Trump, the White House, and other domestic bad actors who have unfairly demonized the vote-by- mail process and, in the process, undermined public confidence. As elections officials, we are committed to correcting misinformation and disinformation as best we can and in a number of ways. In response to the fabrications around the vote-by-mail process, the Cuyahoga County Board of Elections began implementing a new initiative to encourage voters to vote by mail to maximize their safety in this pandemic, and that initiative is called ``Vote from Home.'' We are also trying to separate fact from fiction by delivering counter-messages showing that vote-by-mail is safe and secure. We rolled out voting myth-buster messages to debunk voting myths with real facts. And the myth-buster messages are posted on social media to speak to a variety of topics geared to giving voters accurate information about elections and the voting process. Samples of those messages were included with my written testimony. Our Board of Elections has also ramped up efforts to connect with voter education and community outreach as a way to combat misinformation and disinformation efforts. We communicate regularly with over 300 community partners, including municipalities, nonprofit organizations, and our library systems. Although we only have three employees in our community outreach department, these individuals organize and present events that educate and engage voters. We have a robust website that provides information on all things voting, and we have vastly improved our social media presence on Facebook, Twitter, and LinkedIn. We are working to expand those capabilities. One new program we are proud to implement is a voter engagement session held by a bipartisan team consisting of our Board of Elections director and deputy director on Facebook Live. The session is held twice a week at noon for 10 or 15 minutes to provide information and updates on the 2020 election, to address relevant deadlines, to answer questions and address erroneous information brought to our attention. We post pertinent information on all social media outlets weekly and more often if we need to. And all of this is an effort to counter inaccurate and dangerous disinformation messaging being circulated in both traditional media as well as social media. We have been thinking about ways Congress might help to help boards of elections combat misinformation. Additional funding to allow for more robust community outreach and voter education programming, hiring of additional staff to work with voters, and earmarking of dollars for improving social media capabilities would be welcome. I am really hopeful the information that I shared with you today will help you as you consider ways to stop election misinformation and to restore voter confidence in our elections process. Thank you for the opportunity to speak to you today. And it is appropriate that we are having this hearing on Voter Education Week, and I am pleased to be here to share. And I would be happy to answer any questions you have. Thank you. [The statement of Ms. Davis Chappell follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you. And let me just say that, this morning, a couple of members of my staff happened to be down by the Board of Elections and took videos of people lined up all the way around the block on the very first day of in-person voting. President of the Joint Center, Attorney Spencer Overton, you are recognized for five minutes. STATEMENT OF SPENCER OVERTON Mr. Overton. Chairwoman Fudge and Subcommittee members, thank you so much for inviting me to testify. My name is Spencer Overton. I am president of the Joint Center for Political and Economic Studies, which is America's Black think tank. I am also a tenured law professor at George Washington University, where my research focuses on voter suppression. Online disinformation is not simply dividing our Nation; foreign and domestic actors are using lies to specifically target and suppress Black votes right now. Just like wood and wind spread a wildfire, social media platforms are fueling the spread of lies that are undermining our democracy. This crisis is not hypothetical. In 2016, an organization associated with Russian military intelligence erected fake accounts pretending to be African Americans, and they urged Black people to protest by not voting. The Russians directed 38 percent of their U.S. Facebook ad buys toward African Americans, even though Black folks are only 13 percent of the U.S. population. Also in 2016, the Trump campaign divided millions of Americans into several categories, including a category the campaign itself called ``Deterrence,'' right? The campaign micro-targeted ``Deterrence'' voters with tailored social media ads discouraging them from voting. Black voters were disproportionately singled out. For example, although African Americans account for only 22 percent of North Carolina's population, they were 46 percent of the North Carolina voters labeled as ``Deterrence.'' Overall, the Trump campaign labeled 3.5 million Black voters for ``Deterrence.'' The 2016 Presidential election marked the most significant decline in Black voter turnout in modern history. And with that record, it is no surprise that these efforts are continuing in 2020. During the Democratic Presidential primary, the Russians targeted Black users with online disinformation about Senator Kamala Harris. In March 2020, Facebook and Twitter acknowledged that they removed a network of Russian-backed accounts originating in Ghana and Nigeria that targeted Black communities in the U.S. And, just last month, the Department of Homeland Security revealed that Russia is attempting to promote false statements online that mail-in ballots are riddled with fraud. When some social media companies started to remove these lies, the Trump administration retaliated by issuing an executive order attempting to amend Section 230 of the Communications Decency Act. You will remember that Section 230 gives a social media company the power to remove disinformation that is obscene, excessively violent, or otherwise objectionable without the risk of legal liability. The Trump administration proposal would preserve the power of platforms to remove obscene and excessively violent content but would eliminate their power to remove other objectionable content, like election disinformation. If the Trump proposals were adopted, companies could risk legal liability for removing ads targeted at Black users, telling them lies like you can't vote if someone in your household has committed a crime. The private companies removing lies about our elections does not stifle free speech. This elevates civil rights in our democracy. Many of these platforms are not simply unmoderated community billboards, but instead they use carefully crafted algorithms to grab the users' attention and to maximize ad revenue. Just as the companies remove adult pornography without violating speech, they should remove false voting information. Many of the world's most profitable companies should not profit from discrimination against many of our most marginalized communities. Even though Mark Zuckerberg said, ``Voting is voice, and it is the single most powerful expression of democracy,'' he and other tech companies must take bolder action to end voter suppression. So, while the Russians and the Trump campaign buy misleading ads targeted at Black voters to persuade them not to vote, the Trump administration pushes to rewrite Federal law so the platforms can't remove disinformation about elections. We need companies to unequivocally stand up and remove all disinformation to prevent a repeat of 2016. Now, I want to be clear: Online platforms have made progress, but they need to do much more. I look forward to talking about that in Q&A. We have less than a month to work together to prevent the burning of our democracy. We need all hands on the bucket line. Thank you, and I look forward to our discussion. [The statement of Mr. Overton follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you very, very much. It is now time for our Members to ask their questions. Let me just say, you will notice that there are no Republicans on this call. And I would suggest that, by their absence, they have either decided that they are not concerned about this topic or, at best, they don't care to be involved in this discussion. So, with that, I would now recognize Mr. Butterfield, who is traveling, as you can see, but this issue was important enough for him to, from his automobile, be a part of this discussion. Mr. Butterfield, you are recognized for five minutes. Mr. Butterfield. Thank you very much, Madam Chair. And it is good to see all of my Democratic colleagues here today. I, too, am disappointed that my Republican colleagues did not see the wisdom in participating in this conversation today. But we have heard from the witnesses, and thank you to all of the witnesses for your testimony. Let me just start with the gentleman from the Election Assistance Commission, Mr. Hovland. Mr. Hovland, thank you for all that you do for our country. I need to extend the conversation more about the misinformation and disinformation subject. I think Dr. Overton touched on it just a moment ago, and it is so critically important. What resources, what initiatives are States and local election officials utilizing to combat such misinformation and disinformation? What resources are the States using and local cities and counties using? Mr. Hovland. Thank you, Congressman Butterfield. I appreciate the question. Obviously, again, when we talk about trusted sources and the #TrustedInfo2020 effort, that is all about getting people to their State or local election official. I mentioned the CARES Act funding in my testimony earlier. Certainly, we heard from a lot of States that they were going to at least use a portion of that funding to work on voter education. And that is a huge issue this year. Certainly, as different States are administering different processes, we heard from several of the witnesses, you know, we are going to see a record-setting use of mail or absentee ballots this year---- Mr. Butterfield. Yeah. Mr. Hovland [continuing]. But that is---- Mr. Butterfield. But do the States have the resources? Do the States have the resources that they need? Mr. Hovland. We held a hearing where we were doing primary lessons learned, and, between that and a number of other conversations, we have consistently heard about the need for additional funding. Obviously, elections are under-resourced traditionally. The Federal funding that has come through has made a big difference, but there is absolutely a need for more. And we consistently hear from election officials about the need for an annual funding stream, a regular funding stream that allows for them to point---- Mr. Butterfield. Well, I can tell you, the States that I am most familiar with, resources are desperately needed. Let me go over to Dr. Overton. Thank you so very much, sir, for your testimony, and thank you for all the incredible work that you do on behalf of Black America every day. And you talked a moment ago about social media and how harmful misinformation can be. What is the role of social media in nefarious efforts to misinform and suppress voting in Black communities? You said that they are doing better, but are they really doing better? Mr. Overton. Yes, Congressman Butterfield, just, first of all, I want to just acknowledge, I know your father played a pivotal role in furthering voting rights. I know he would be proud of you and your many contributions to voting rights---- Mr. Butterfield. Thank you. Mr. Overton [continuing]. In terms of changing Wilson and its at-large system and the Voting Rights Act. So thank you. In terms of these companies, they need to do a lot more. They need to step up to the plate. There are a few things they are doing in terms of content moderation, but they need to do more in terms of a more rigorous definition of voter suppression. They need more transparency so that we know what is really happening with enforcement, are they effective in terms of their enforcement. So there are several things that they need to be doing to step up their game. And let me just say this. We have to press them, because they are key in terms of preventing voter suppression. They are getting a lot of pressure from this administration, and they need to know that people are paying attention and holding them accountable to prevent voter suppression. Mr. Butterfield. Well, I certainly think the State and local election officials have a role to play in all of this. What recommendations can you make to State and local election officials to ensure, to guarantee that Black and Brown voters are not misinformed? Mr. Overton. Yes. I think the Brennan Center put out a very good document on this, and I would refer people to go there. Basically, it is providing the accurate information that exists here and being a trusted source of information. We have heard some of these recommendations from our fellow witnesses. And I think that is key, in terms of a critical place to go, where there is accurate information, and ensuring it is public and available. Mr. Butterfield. And in the final 30 seconds, Dr. Overton, what can voters do to guarantee that their votes are not discarded? Mr. Overton. Well, number one, they need to recognize that what they see online may be false. So they need to pay attention to that. That is number one. Number two, if they are voting by mail, one of the big issues we see are ballots rejected because there was something that wasn't filled out. And they need to just pay attention in terms of voting by mail. And then the most important thing is, they have to participate. Don't be discouraged by what is happening. Participation is critical. Mr. Butterfield. Thank you. I will spread that throughout my district, ``Pay attention.'' Mr. Overton. Thank you. Mr. Butterfield. Thank you, Madam Chair. I yield back. Thank you. Chairwoman Fudge. Thank you very much, Mr. Butterfield. We have now been joined by the Chairperson of the full Committee, Zoe Lofgren from California. Madam Chair, you are recognized. The Chairperson. Well, I thank you very much, Madam Chairwoman. I just wanted to hop on for a few minutes to listen to this incredible panel and also to thank you for your leadership as chair of the Elections Subcommittee and the members who have joined you today. I wish that our colleagues across the aisle had joined us, and maybe they still will. That would be important, because it should not be a partisan issue, the idea of every American being able to cast their vote freely and to have that vote counted as cast, which is just the bottom line for America. So what you are doing today is important, in terms of shining a spotlight on what the issues are, but also telling each and every one of us, as community leaders, as voters, what we can do to make sure that that goal, every American citizen gets the chance to cast their vote. So thank you so much for doing this. I am going to hop off in a minute to another obligation, but I didn't want to pass up the opportunity to listen and to thank you once again for the leadership you have shown. Chairwoman Fudge. Thank you so much, Madam Chair, for joining us. We very much appreciate it. And we know how busy your schedule is, so I appreciate you joining us. I will now recognize Mr. Aguilar of California. Mr. Aguilar, you are recognized for five minutes. Mr. Aguilar. Thank you, Chairwoman Fudge, for your steadfast leadership on voting rights and for the Committee's focus on this topic. As I have said in this Committee before, our goal should be to remove the barriers that prevent Americans from voting. And, right now, that means making sure that it is safe in the midst of a pandemic. And one safe and effective form that we know, that our speakers talked about, was utilizing mail-in ballots, which allow Americans to vote safely from their homes. And despite claims by the minority on this Committee--and, again, I wish they were here to defend themselves about this topic--there is no significant risk of voter fraud associated with mail-in balloting. These claims could also misinform millions of Americans as they create their plan to vote. Elections experts across the political spectrum agree that voting fraud is exceedingly rare. Whether you want to trust the Brennan Center for Justice or The Heritage Foundation's database tracking voter fraud, the results are the same. The actual fraudulent vote-by-mail votes cast over the past two decades are minuscule, and there is no legitimate concern over voter fraud. It is more likely for Americans to get struck by lightning than to commit voter fraud, and voter fraud is rarer than winning the Mega Millions. Misinformation about voting by mail is dangerous and could cause millions of Americans to alter their plan, and that would be a mistake in exercising their right to vote. And that is why House Democrats have passed numerous bills through this Committee and through the full House to help Americans vote safely, accurately, and without fraud during this pandemic. And we need to continue to do that. My question would be to Mr. Overton. We have seen the growing misinformation targeting communities of color specifically. Social media posts from foreign state actors, including Iran and Russia, have attempted to change the political opinions of minority voters, to depress voter turnout. We have seen this despicable information and disinformation campaigns from fellow Americans. On October 1, two Americans were charged with conspiring to intimidate voters in violation of election law. These two individuals sent thousands of robocalls to African-American communities in at least five States, telling these residents that voting by mail in the upcoming election was subject to their arrest, debt collection, and enforced vaccination. So what can we do to fight this misinformation campaign from foreign actors and even our own fellow citizens? Mr. Overton. Congressman Aguilar, thank you so much for that question. And what is really important about your question is it illustrates the evolving nature of voter suppression, right? So we have had robocalls happen in the past. They happened in this election, as you mentioned, in Michigan and really across the country. In Michigan, 12,000 Detroit residents were targeted with these robocalls to basically discourage them from voting. They were impersonating, trying to pretend that they were someone from the community here, in terms of the speaker, et cetera. And we see that same thing with regard to social media. So this is kind of an evolution in terms of platforms with regard to social media. In terms of specific steps, again, people have to recognize, individuals have to recognize that there is a lot of misinformation that is out there. And trust credible sources. Go to your elections officials websites and get accurate information. They need to, as you said--your language--develop a plan to vote. That is incredibly important. Have a plan and go ahead and go out and vote now. So don't be discouraged. There are so many people who would say--as you know, in 2016, they said, hey, let's protest all this that is going on, let's protest this racism and not vote. That was an attempt to basically suppress voters of color. Folks can't fall into that trap. They have to get good information, and they have to participate. Mr. Aguilar. And as more and more voters are voting early-- I think the numbers are over a million people have already voted, and Chairperson Fudge, you know, mentioned in her own communities, how people are already voting--I am concerned. I am concerned that right now is the time these disinformation campaigns are going to ramp up their efforts, because many people know that their political interests are not served when more people exercise their right to vote. So that is what concerns me and what we have to be on the lookout for. Madam Chair, I ask unanimous consent that a September 30 article published in The New York Times entitled ``Study Finds Single Largest Driver of Coronavirus Mismanagement Trump,'' and a September 30 piece from The New York Times Magazine entitled ``The Attack on Voting: How President Trump's False Claim of Voter Fraud is Being Used to Disenfranchise Americans,'' both be entered into the record. Chairwoman Fudge. Without objection, so ordered. [The information follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. Thank you, Mr. Aguilar. Mr. Aguilar. Thank you. Chairwoman Fudge. Mr. Raskin, you are now recognized for five minutes. Mr. Raskin. Madam Chair, thanks for your great leadership in calling this hearing and making sure that we are staying laser-focused on the integrity and fairness of this election. I want to go to my friend, Spencer Overton, first. Welcome, Professor. President Trump has been engaged in a lot of propagandistic disinformation already about the election, calling it a fraud, a scam, a hoax, millions of fake ballots, and all of that stuff. This itself discourages and depresses voting; it demoralizes voters. It also provides a smokescreen and a fog of propaganda for State legislatures that may be trying to depress turnout and may be trying to discredit what could be a landslide popular vote, based on the polls today, for Joe Biden and replace the popular vote with electors that have been appointed directly by the State legislature. So this question of propaganda disinformation is very important in terms of us trying to preserve the integrity of popular democracy in the States in this Presidential election. I wonder if you would comment about Facebook. I know Twitter has implemented a ban on all political ads on its platform. Google has said that it will ban political ads, ads that are referencing the election and candidates, after November 3 through January 6. Facebook has said something interesting, which is it will ban false and misleading ads from October 27 to November 3. But we know that there could be just a slew of propaganda coming on Facebook after the election to try to cast doubt on the election results, falsely portraying Trump as the winner where he is not the winner and so on. Would you comment on what Facebook has done so far? And I wonder specifically if you think that Facebook should continue its ban on false and misleading information after November 3, all the way up until the electoral college votes are cast and counted in January in Congress. Mr. Overton. Yes. Thank you so much. Just first of all, I have to acknowledge, you have had such a strong commitment to democracy in terms of including eliminating the wealth primary that prevents so many good candidates from entering democracy, and your strong support for restoring voting rights to returning citizens. I am a fan of your writings, in terms of your scholarship. So thank you so much. Congressman Raskin, Facebook needs to do a number of things. Number one, they certainly have to prohibit politicians--right now, they have basically a dual standard here in terms of politicians and allowing politicians to promote false and misleading misinformation. And they need to ensure that, before the election and after the election, when the ballots are being counted, that there is no false and misleading information. They also have to strengthen their definition of voter suppression. They would also say that that they have 35,000 content moderators. Okay, but they also have 2.7 billion monthly active users around the world. So that works out to about 1 moderator per 77,000 users. And so there are a number of things they have to step up to the plate on. And, again, part of it is between now is November 3, but that period after November 3, as you hold up, is also critical. Mr. Raskin. Thank you. And, Ms. Griswold, Facebook has been used as a powerful instrument of disinformation and racial and ethnic propagandistic violence that has caused civil unrest and even mass atrocities in countries like Sudan, Myanmar, Ethiopia, and so on. Would the commission that you are suggesting also be working on making sure that we don't get propaganda towards the goal of creating violence in the streets, which seems to have been, you know, coached all the way to the top, even including President Trump at the debate telling the racist and violent organization Proud Boys to stand back, and stand by? Ms. Griswold. Congressman, that is exactly right. I think we need a commission to really move forward to make sure that this attack on our Nation's democracy from foreign adversaries does not continually happen every election. So that goes from homegrown misinformation, to the scanning of election infrastructure, to disinformation that we are seeing. And those comments about the Proud Boys have real effect. As a Secretary of State responsible for ensuring that Americans from all communities have access to the polls, I think it is very important to say that voter suppression is often systemic racism. And when you have the leader of the free world calling on neo-Nazis in the election process, that is voter suppression. When you have the President calling on law enforcement, which is a tactic straight out of the Jim Crow South, that is voter suppression. So I do think that, number one, we have to tackle misinformation and foreign countries' interference, but, number two, I hope we continue a conversation after November about what it means to be an American citizen and what access every American citizen has. In Colorado, we have accessible elections. Every American deserves to have a mail ballot, access to early voting, online voter registration, and same-day voter registration, just like Coloradans, to truly realize what it means to be a citizen in this country. Mr. Raskin. Thank you. Madam Chair, my time is up, but could I request unanimous consent for two articles to be entered into the record? One is a September 8 Washington Post piece entitled ``Republicans Have Insufficient Evidence to Call Elections Rigged''; and a September 28 article from the Washington Post entitled ``Cambridge Analytica Database Identified Black Voters as Ripe for Deterrence.'' Chairwoman Fudge. Without objection, so ordered. [The information follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Fudge. I will now recognize myself for five minutes. To both of the ladies on the panel--we will start with Ms. Davis Chappell--what do you say to the people who say, ``Oh, there is no voter suppression, look at the long lines around your building today''? What would you say to them? Ms. Davis Chappell. Oh, voter suppression can be seen in those lines, can be seen in the messages, but also can be seen in the way that we have, in Ohio, frankly, restricted their ability to vote. We have burdened the right to vote. There are constitutionalists that would say we have put structures in place to burden their right. We have one drop box--I know this is about messaging today, but it is also about voter suppression. We have one drop box for delivery of a ballot, in a tiny parking lot next to our administrative building, for 850,000 voters. Chairwoman Fudge. Wow. Ms. Davis Chappell. It makes absolutely no sense at all. We have one location, under State law, where voters can come--must come to vote in person. It makes no sense. We need a more robust manner in which folks can participate--vote centers. I mean, I would tell people not to be discouraged, though, and they do need to take part and take their job seriously, but we have an obligation, as boards of elections, to make it easier for folks to cast their ballots. I find it so interesting because people will say, oh, we have to have only one drop box--a drop box doesn't know whether the ballot is a Democratic ballot, a Republican ballot, an independent''--it doesn't make any sense. But I want people to be encouraged. We do need to tackle social media, but we need blocking and tackling tools for voter engagement. And that is in person. And this pandemic has created a problem. I will say, the Board of Elections--and then I will defer to my female colleague--we have had 220 in-person--voting--I am sorry--Zoom kinds of calls, but voter engagement sessions that we were able to do with three staffers. We need funding and earmarking for a more robust voter engagement and voter education program for boards of elections so we can counter, as best we can, all of the other messages that are being put out. Thank you. Chairwoman Fudge. Really quickly before we go to the Secretary, with the numbers that we are seeing now across the country--and certainly Secretary Griswold, her State has been doing this a very, very long time--how do we count all these ballots without the resources? I mean, what do we do if we get hundreds of thousands of mail-in ballots that have to be fed into a machine? What do you do? And just quickly, because I want to jump to Secretary---- Ms. Davis Chappell. Yes. We have been able to vote by mail successfully in Cuyahoga County. We are processing them, not tabulating ballots. We are readying them to be processed. But we have said, we err on the side of accuracy, not speed. We are going to have lots of issues in terms of the volume, which is a good thing, but we will accurately count every ballot that is cast. Chairwoman Fudge. Thank you. And, Madam Secretary, I know that you actually sued the Postal Service because they were giving out misinformation to your residents. Tell us how you handle these situations. Ms. Griswold. Well, Madam Chairwoman, I think it is really important, as Secretary of State, to push back against false election information and try to get voters correct information. And that is right, we sued the United States Postal Service and won a restraining order about a postcard with wrong information for Colorado voters; and also sued on a multi-State litigation and got a restraining order also to make sure that the Postal Service does not make operational changes. And we won both of those restraining orders. But I do think that it highlights the need for national standards. The idea that we have misinformation trying to undermine vote-by-mail, which is the most responsible way to vote during a pandemic, can harm Americans' lives. And Colorado is proof of how wonderful a good election model can work. We have the highest percentage of active voters registered. We also lead the Nation in turnout. We are usually number one or number two in participation. Vote-by-mail also makes us more secure. Russia, a foreign adversary, cannot hack a piece of paper. And, lastly, it boosts participation. We saw an increase of participation when we adopted vote-by-mail for all by 9 percent, including by 13 percent among Black voters, 10 percent among Latino voters, and 16 percent among young voters. So I do think--and would love to see the further expansion of Colorado's election model. It works. And every American deserves the same type of access that Coloradans have. Chairwoman Fudge. Thank you. And I am going to close with this question, and we will start with you, Commissioner. What, if any one thing, do you believe Congress can do, outside of resources? We know what kind of battle that is, even though we put the resources in two bills that have not been enacted, obviously. What one thing would you think that Congress can do to assure the American people that we are doing the best we can to make sure that their ballots count, and that the system is safe? Mr. Hovland. Thank you, Chairwoman Fudge. Absolutely, you know, this is critical particularly 28 days out. I think, you know, one of the real privileges of my job is that I get to travel around the country in normal times and see these behind-the-scenes processes, see what election officials are doing and all the checks and balances that go into the process. Certainly, as leaders in your community, Congress has an ability to both tell voters about that and, again, as we have echoed a lot today, the importance of having a plan, understanding your process, understanding how to participate. One thing I have been proud of: We partnered with the Cybersecurity Infrastructure and Security Agency on a product called the ``Three P's of Voting'' and basically saying to voters, you need to be prepared, participating, and patient. And that really is about checking your voter registration, making sure you are updated, knowing how you want to vote this year. Again, I mentioned the several different options that most Americans have, whether by mail or absentee ballot, early, in person or ultimately on election day, figuring out what is the best for you as an American, how to engage in the process. And then that ``patient'' piece we hit on a little bit earlier, but that is knowing that election night results are always unofficial. You know, that is something the media usually does, where they make calls. But, you know, to the degree that secretaries or chief election official websites-- you see election night reporting, those are always unofficial results. There is a canvass and certification process that happens after election day, and I have been saying that is where election officials dot the i's, cross the t's, and double-check the math. That is where you make sure the numbers are right, where you count every American's vote. And I think helping people understand more of that process and, again, knowing that their State and local election officials are the trusted source and where they should get that information is crucial. Chairwoman Fudge. Thank you very much. Ms. Davis Chappell. Ms. Davis Chappell. Yes, Madam Chair. I would just encourage--you guys are trusted servants. I would encourage you to use your bully pulpit, to use your platforms to reach out to your constituents and to give them the assurance that they definitely need to be confident that their local elections administrators are doing their jobs and to help us debunk a lot of these myths. People listen to you guys, and I think it is really important that, to the extent that you can get messaging out on your websites and in person, it will be very helpful to the voting population and to all of your constituents, be helpful to all of the elections administrators. That would be the biggest thing. Thank you. Chairwoman Fudge. Thank you. Ms. Griswold. Ms. Griswold. Thank you, Madam Chairwoman. I would say, number one, I am extremely confident in our elections in Colorado, even with all the noise. And the first thing I would suggest is make sure that all of you are using your platform to push out the message: Ignore the noise, find your trusted source of election information, make a plan to vote, and if you have access to a mail ballot, vote a mail ballot. It is the best way to vote during a pandemic and allows us to social distance and have our voice heard. But, second, I think we have to continue this conversation after November, because there is an attack on everyday people and our democracy. I grew up working-class, on food stamps, up in a cabin in rural Colorado. And I will tell you, there are so many people like me--normal, everyday Americans--who are losing faith in our democracy, either because of the voter suppression tactics we see, the misinformation, or special interests, or corruption. So I really encourage that, as we move past November, that we need to focus on democracy reform holistically. I led the largest democracy reform at the State level in the Nation last year to fight against special-interest campaign finance reform, voting rights reform. And all of these tenets of democracy reform relate to each other. So I look forward to seeing what you all do in the coming months and then the coming years, and I am always happy to help from Colorado. Chairwoman Fudge. Thank you. And last but not least, certainly, Mr. Overton. Mr. Overton. Chairwoman Fudge, thanks so much for your work authoring the VoteSafe Act and for your field hearings that give voice to real voters. Congress, Members of Congress, they need to use their platform to both encourage people to vote and ensure that there is good information out there, both before the election and after the election. President Trump's misinformation about vote-by-mail has actually been promoted by the Russians. They take screenshots of his tweets and they, using their fake accounts, promote them around to basically discourage people from participating and to encourage them to lose faith in our system. So there has to be a counter to that. Also, tech companies need to be held accountable to ensure that they are removing disinformation. Again, as I mentioned, with the 230 debate, the Trump administration is working the refs by discouraging them from removing disinformation, and there needs to be a loud counter-voice just ensuring that they are taking down and removing disinformation. And then, finally, as Secretary Griswold said, being prepared to immediately reform democracy in January, you know, that is critical here, whether it is H.R. 1, which is a great start, updating the Voting Rights Act, D.C. statehood. You will remember, I was at the beginning of the Obama administration in 2009. Obviously, the Affordable Care Act was important, but, you know, my take is that we really should have done more to prioritize democracy here and including all Americans. So I would urge you to prioritize the inclusion of all Americans in terms of democratic reforms. Chairwoman Fudge. Well, thank you all so very much. And let me tell my colleagues, I know that this is a very busy time for all of us, as we are all on the ballot, and I know it is difficult to find some time to get away. I thank all of the witnesses. I know each of you has a very busy schedule as well, as elections have already started, voting has started in all of your various jurisdictions. And, Mr. Commissioner, I know how busy you all are. But I would just say this: In the absence of my friends, I am going to predict today that the American people are so discouraged by the attacks on our democracy that they are going to vote in bigger numbers than anyone can imagine. I believe that Americans have a real sense of fundamental fairness; they have a sense of what it means to believe in and support the Constitution. And what they believe is that elections do matter. And so I know that your job is going to be cut out for you, because you are going to be inundated with ballots from now-- for the next month, you are going to be inundated. And we are going to show our colleagues and the President of the United States, there is nothing you can do to kill this democracy. It is bigger than you, it is stronger than you, it is more resilient than you are. And we are going to win this election, the people are going to win the election, because we are going to exercise our right to vote no matter what obstacle you put in our way, no matter what roadblock you put in our way. We are going to do what this country has always done, do what is right. And so I want to thank you all and encourage you to know that we are fighting for you. We do the best we know how. I send out something, I think, every day about voting. But know we are on your side. And if we ever can get in a position where we can do the things we need to do for you, we will. I give you my word. Commissioner, know that if this election goes the way I want this election to go, we will be coming to you with the resources to give to all of these States to do this the right way and to not be afraid to cast their ballot, not be afraid to be intimidated because somebody says, ``I am going to send poll watchers to watch you.'' This is the end. Thanks, everybody. I appreciate you so, so much. Have a great rest of your day. And without objection, this hearing is adjourned. [Whereupon, at 2:05 p.m., the Subcommittee was adjourned.] QUESTIONS FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] ======================================================================= SUBMISSIONS FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]