[Senate Hearing 118-251]
[From the U.S. Government Publishing Office]
. S. Hrg. 118-251
ADMINISTRATION OF UPCOMING ELECTIONS
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HEARING
BEFORE THE
COMMITTEE ON RULES AND ADMINISTRATION
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
__________
TUESDAY, MARCH 12, 2024
__________
Printed for the use of the Committee on Rules and Administration
[GRAPHIC NOT AVAILABL IN TIFF FORMAT]
Available on http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
55-135 WASHINGTON : 2024
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COMMITTEE ON RULES AND ADMINISTRATION
SECOND SESSION
AMY KLOBUCHAR, Minnesota, Chairwoman
CHARLES E. SCHUMER, New York DEB FISCHER, Nebraska
MARK R. WARNER, Virginia MITCH McCONNELL, Kentucky
JEFF MERKLEY, Oregon TED CRUZ, Texas
ALEX PADILLA, California SHELLEY MOORE CAPITO, West
JON OSSOFF, Georgia Virginia
MICHAEL F. BENNET, Colorado ROGER WICKER, Mississippi
PETER WELCH, Vermont CINDY HYDE-SMITH, Mississippi
LAPHONZA R. BUTLER, California BILL HAGERTY, Tennessee
KATIE BOYD BRITT, Alabama
Elizabeth Farrar, Staff Director
Jackie Barber, Republican Staff Director
C O N T E N T S
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Pages
Opening Statement of:
Hon. Amy Klobuchar, Chairwoman, a United States Senator from the
State of Minnesota............................................. 1
Hon. Deb Fischer, a United States Senator from the State of
Nebraska....................................................... 3
Hon. Jocelyn Benson, Secretary of State, State of Michigan,
Lansing, Michigan.............................................. 5
Hon. Wes Allen, Secretary of State, State of Alabama, Montgomery,
Alabama........................................................ 7
Isaac Cramer, Executive Director, Charleston County Board of
Voter Registration and Elections North Charleston, South
Carolina....................................................... 8
Brian Kruse, Election Commissioner, Douglas County Election
Commission, Omaha, Nebraska.................................... 10
Janai Nelson, President and Director-Counsel, NAACP Legal Defense
and Educational Fund, Inc., New York, New York................. 12
Prepared Statement of:
Hon. Jocelyn Benson, Secretary of State, State of Michigan,
Lansing, Michigan.............................................. 34
Hon. Wes Allen, Secretary of State, State of Alabama, Montgomery,
Alabama........................................................ 39
Isaac Cramer, Executive Director, Charleston County Board of
Voter Registration and Elections North Charleston, South
Carolina....................................................... 43
Brian Kruse, Election Commissioner, Douglas County Election
Commission, Omaha, Nebraska.................................... 48
Janai Nelson, President and Director-Counsel, NAACP Legal Defense
and Educational Fund, Inc., New York, New York................. 50
For the Record:
Addendum response of question to Janai Nelson from Senate Butler. 95
Testimony of Dustin M. Czarny, NYSECA Democratic Caucus Chair,
Election Commissioners Association of the State of New York.... 96
Issue One--Election Officials Call on Congress to Pass Anti-
Doxxing Measures............................................... 98
Southern Poverty Law Center--Summary of SPLC Actions in Alabama.. 101
Legal Defense Fund, LDF--Democracy Defended, Lessons from the
2022 Elections and the Path Ahead in 2024...................... 105
Questions Submitted for the Record:
Hon. Amy Klobuchar, Chairwoman, a United States Senator from the
State of Minnesota to Hon. Jocelyn Benson, Secretary of State,
State of Michigan, Lansing, Michigan........................... 142
Hon. Deb Fischer, a United States Senator from the State of
Nebraska to Hon. Jocelyn Benson, Secretary of State, State of
Michigan, Lansing, Michigan.................................... 143
Hon. Deb Fischer, a United States Senator from the State of
Nebraska to Hon. Wes Allen, Secretary of State, State of
Alabama, Montgomery, Alabama................................... 144
Hon. Shelly Moore Capito, a United States Senator from the State
of West Virginia to Hon. Wes Allen, Secretary of State, State
of Alabama, Montgomery, Alabama................................ 145
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Hon. Amy Klobuchar, Chairwoman, a United States Senator from the
State of Minnesota to Isaac Cramer, Executive Director,
Charleston County Board of Voter Registration and Elections
North Charleston, South Carolina............................... 147
Hon. Deb Fischer, a United States Senator from the State of
Nebraska to Isaac Cramer, Executive Director, Charleston County
Board of Voter Registration and Elections North Charleston,
South Carolina................................................. 148
Hon. Deb Fischer, a United States Senator from the State of
Nebraska to Brian Kruse, Election Commissioner, Douglas County
Election Commission, Omaha, Nebraska........................... 150
Hon. Amy Klobuchar, Chairwoman, a United States Senator from the
State of Minnesota to Janai Nelson, President and Director-
Counsel, NAACP Legal Defense and Educational Fund, Inc., New
York, New York................................................. 153
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ADMINISTRATION OF UPCOMING ELECTIONS
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TUESDAY, MARCH 12, 2024
United States Senate
Committee on Rules and Administration
Washington, DC.
The Committee met, pursuant to notice, at 3:05 p.m., in
Room 301, Russell Senate Office Building, Hon. Amy Klobuchar,
Chairwoman of the Committee, presiding.
Present: Senators Klobuchar, Fischer, Warner, Merkley,
Padilla, Ossoff, Bennet, Butler, Hagerty, and Britt.
OPENING STATEMENT OF HONORABLE AMY KLOBUCHAR,
CHAIRWOMAN, A UNITED STATES SENATOR FROM
THE STATE OF MINNESOTA
Chairwoman Klobuchar. Senator Fischer and I are dealing
with votes going on, so there will be a little back and forth.
But I call the hearing to order, and good afternoon. I would
like to thank Ranking Member Fischer and our colleagues for
joining us.
Our witnesses, who I will introduce shortly, are Michigan
Secretary of State, Jocelyn Benson; Isaac Cramer, Executive
Director of Charleston County, South Carolina's Board of Voter
Registrations and Elections; and Janai Nelson, President and
Director-Counsel of the NAACP Legal Defense Fund.
We are also going to hear from our other witnesses. I left
them last not for any omission but because Senator Fischer will
be introducing them. That includes Alabama Secretary of State
Wes Allen and Brian Kruse, Election Commissioner for the
Douglas County, Nebraska Election Commission.
More Americans than ever have cast a ballot in recent
elections, and it is in large part because of the work of state
and local officials. These elections have run smoothly. Top
security officials in both Republican and Democratic
Administrations alike have confirmed the security of recent
elections, including last week's primary elections.
Eighteen states have already held primaries this year. In
fact, three of our witnesses, Secretary Benson, Secretary
Allen, and Mr. Cramer have overseen primary elections this year
already, and there are many more to go before the general
election in November, including three states, Georgia,
Mississippi, and Washington, in which voters are casting
ballots today.
With voting already underway, we are here to discuss the
key issues facing the state and local election officials on the
frontlines of our democracy. One area of particular urgency is
artificial intelligence. We have already seen how AI can be
used to spread
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disinformation about elections, like the fake robocalls using
the President's voice telling people not to vote in New
Hampshire, which is now under investigation by the state's
Republican Attorney General. We must work across the aisle to
protect our elections from these threats.
All of the witnesses at our hearing last fall agreed, we
need to put guardrails in place when it comes to AI. That is
why I am leading a bipartisan bill with Senators Hawley, Coons,
and Collins. We have been joined by Senator Bennet and Ricketts
and have broad support on both sides of the aisle to prohibit
fraudulent AI-generated deepfakes in our elections.
We do this within the framework of the Constitution, which
of course, allows satire and the like, but we are very
concerned about what we have seen in just snippets of ads and
videos that have gone out, that attack candidates actually on
both sides of the aisle, but they are complete deepfakes and
not the actual candidate and you cannot even tell it is not the
candidate.
We also need to--in addition to banning deceptive
deepfakes, we also need disclaimers when AI is used in other
ways. Last week, I introduced a bipartisan bill with Senator
Lisa Murkowski to require transparency in ads substantially
generated by AI so that whether you are a Republican or a
Democrat, voters will know if the ads they see are making use
of this technology.
We got some guidance from the hearing we had earlier last
year in that we do not want those labels to apply to every
single thing when AI is used. We have defined that in a way
that I think will pass muster and make it easier to pass that
bill, but I cannot emphasize how important I believe it is to
also pass the deepfake bill.
Finally, since AI can make it so much easier to spread
disinformation about things like voter registration deadlines
or polling locations, I myself called ChatGPT or wrote in a
question I should say, and asked, well, what about this polling
place in Bloomington, Minnesota? They often have lines. Where
should they vote? It answered, I am making up the numbers now,
but like 123 Elm Street. It did not even exist. Clearly they
have work to do. We have concerns about that as well. We must
tackle these issues head on. One way is the work Senator
Collins and I are doing to require the Election Assistance
Commission to issue guidelines, so election officials are
prepared to meet these challenges.
Six states, including my State of Minnesota and Secretary
Benson's State of Michigan, have passed new laws to address AI
in elections, and more than three dozen states have bills
pending, both red and blue states, but we cannot rely on a
patchwork of state laws and Congress must act.
Election workers, including volunteers, also continue to
face a barrage of threats and intimidation. We have heard
testimony in this Committee from officials from both parties
about threats targeting them and their families. It is no
surprise that a survey last year found that nearly one in three
election officials said that they have been abused, harassed,
or threatened, and one in five said that they know someone who
left their job due to safety concerns.
This has a real impact on how elections are run, including
efforts to recruit poll workers and volunteers. Last November,
more than a dozen anonymous letters, some containing fentanyl,
were sent to
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election offices in at least six states, leading to evacuations
and delays in ballot counting. That is why Senator Fischer and
I called on the Justice Department to prioritize investigating
these incidents, and why I lead a bill with Senator Durbin and
26 co-sponsors to protect election workers from intimidation
and threats.
In addition, it is critical as ever that state and local
governments have reliable federal funding to maintain election
infrastructure, keep pace with new technology, and combat
cybersecurity threats. Election security is truly national
security, and these investments must be prioritized as our
intel agencies continue to warn about foreign adversaries
trying to influence our elections. I have heard from officials
in red, blue, and purple states about the need to get steady
funding when it comes to elections.
Finally, I will note that in many states, voters continue
to face new laws that will make it harder to vote. We had a
major hearing on that this morning in the Judiciary Committee,
with Senator Warnock launching off the hearing to talk about
the John Lewis voting rights bill.
We also need basic federal standards like those contained
in the Freedom to Vote Act that I lead along with many of my
colleagues, including the Democrats on this Committee. I will
not give up until these bills become the law of the land
because I believe we truly need to have federal voting rights
protections for the citizens of this country.
I want to thank our witnesses for being here and I look
forward to hearing your testimony about your work year-round to
prepare for our elections. I will now turn it over to Ranking
Member Fischer.
OPENING STATEMENT OF HONORABLE DEB FISCHER, A UNITED STATES
SENATOR FROM THE STATE OF NEBRASKA
Senator Fischer. Good afternoon, and thank you, Chairwoman
Klobuchar, for holding this hearing. Thank you to all of our
witnesses for being here today. Today, while three states
conduct elections and one week after Super Tuesday, we will
hear from state and local election officials from across the
country about one of the most fundamental aspects of our
democracy, the administration of free and fair elections.
We look forward to learning about how jurisdictions across
the country are preparing for the upcoming elections. Election
Day is not just the date when voters cast ballots. It is also
the culmination of months of preparation by state and local
election officials to ensure that every eligible voter can
fulfill their civic duty and participate in the democratic
process.
Election officials maintain voter rolls, identify polling
locations, train poll workers and volunteers, procure and test
voting equipment, prepare ballots, and educate the public about
the upcoming elections.
While every four years they step into a brighter spotlight,
these hardworking and dedicated individuals address election
administration challenges for every election, regardless of
what offices are on the ballot.
On top of defending the cybersecurity and physical security
of election infrastructure, election officials must recruit and
train the
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next generation of poll workers, while also retaining
experienced poll workers. They also work hard to ensure voter
confidence in the electoral process and the ultimate outcome of
the elections.
I am interested in hearing from our witnesses how they
adapt to the changing landscape to ensure election integrity. I
also want to understand not only the challenges election
officials face, but whether the existing federal resources are
working as intended to ease those challenges.
Our founding fathers provided states the primary
responsibility of administering elections under our
Constitution. The resulting diversity of election systems is a
strength of our democracy.
I look forward to a productive discussion and extend my
sincere appreciation to our witnesses for being here today, as
they are in the midst of preparations for the 2024 elections.
Thank you all.
Chairwoman Klobuchar. Thank you very much, Senator Fischer.
I will introduce three of the witnesses and then Senators
Fischer and Britt will introduce the remaining two.
Our first witness is Michigan Secretary of State Jocelyn
Benson, a role she has held since her election in 2018.
Previously, she served as Dean of Wayne State Law School, and
she received her bachelor's degree from Wellesley, her master's
from Oxford, and her law degree from Harvard.
Our next witness is Isaac Cramer of the Board of Voter
Registration and Elections for Charleston County, South
Carolina, where he has served for a decade and was appointed
Executive Director in 2021. He is a graduate of Wheaton
College.
Then we have Janai Nelson, welcome again, President and
Director-Counsel of the NAACP Legal Defense Fund. She began her
career at LDF as an extern before she was a Fulbright Scholar
in Ghana. She returned to LDF as Associate Director Counsel and
assumed the role of President in March 2022. She received her
bachelor's degree from NYU and her law degree from the
University of California, Los Angeles. Senator Fischer.
Senator Fischer. Thank you, Madam Chair. Again, I thank all
of our witnesses for being here today. We have with us Mr.
Brian Kruse from the great State of Nebraska, who serves as the
election commissioner for Douglas County.
Mr. Kruse has served as Douglas County's Election
Commissioner since 2016 and was recently reappointed for a
third term. I have had the privilege of working with him to
serve Nebraskans for many years, and I am pleased that he has
come all the way from Omaha, Nebraska to be with us here today,
but we have direct flights. Thank you.
Senator Britt. Thank you, Madam Chairwoman, Ranking Member
Fischer, for your continued leadership on this Committee. It is
a pleasure to introduce Secretary Allen today at this hearing.
Wes Allen serves as Alabama's 54th Secretary of State,
where he is our state's chief election official. Prior to his
election to his current office, Secretary Allen spent nearly a
decade as Pike County, Alabama's Probate Judge, which is the
county's senior election official.
He was then elected to the Alabama House of
Representatives, where he served as the Vice Chair of the
Legislature's Constitution, Campaigns, and Elections
committees.
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I know that Secretary Allen is honored to appear before
this Committee and offer his knowledge on matters as he has
made it his mission to make it easy to vote in safe and secure
elections. Thank you for being here.
Chairwoman Klobuchar. Thank you very much. If the witnesses
would now please stand and raise their right hand. Do you swear
that the testimony--give you a second. Do you swear that the
testimony you will give before the Committee shall be the
truth, the whole truth, and nothing but the truth, so help you
God?
Ms. Benson. I do.
Mr. Allen. I do.
Mr. Cramer. I do.
Mr. Kruse. I do.
Ms. Nelson. I do.
Chairwoman Klobuchar. Thank you. You may be seated. You
will now proceed, and we will recognize you each for a five
minute statement, starting with Secretary Benson. Senator, I
will leave to vote for a little bit at some point, so thanks.
Secretary Benson.
OPENING STATEMENT OF HONORABLE JOCELYN BENSON,
SECRETARY OF STATE, STATE OF MICHIGAN, LANSING, MICHIGAN
Ms. Benson. Thank you. Chair Klobuchar, Ranking Member
Fischer, and Members of the Committee, it is an honor to be
joining you here today for this important hearing. These next
eight months will define the future of our country and our
democracy.
As Michigan's Chief Election Officer, that reality is clear
to me every day, both as we work to ensure our elections are
safe and secure and in our efforts to protect every voter and
every election official from the lies, threats, and deceptive
tactics that continue to plague our democracy. It has been a
challenging few years for us, but our democracy is getting
stronger.
First, voter turnout is on the rise from 2020, when we saw
more citizens vote than ever before, to 2022, when Michigan led
the Nation in youth voter turnout. Citizens are engaged and
they are voting.
Second, the number of ways voters can participate in our
elections continue to expand, from the right to vote from home
to early voting, to traditional Election Day voting places.
Michigan's experience underscores that the expansion of options
to vote directly leads to higher voter participation across the
political spectrum in every election.
But as the Chief Elections Officer of a battleground state,
I know these successes do not tell the whole story. We go into
this election cycle expecting bad actors to use misinformation,
turbocharged through AI, to divide, deceive, and deter voter
participation throughout our country. I am not just talking
about deepfakes.
AI will also make it easier to mislead voters about the
voting process, or even conditions at a polling place. Imagine
a voter receiving a text warning saying there is long lines at
a precinct or not to go, or another seeing a social media post
showing a polling location changing because of flooding.
All of these could be false, and all of these could deter
participation. The realities of AI underscore the need for
federal investment
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in our elections. AI introduces a level of speed, scale, and
sophistication that is difficult for under-resourced state
agencies to handle on our own.
Federal funds help us to support and bolster our state
cybersecurity infrastructure and do more voter education to
address this evolving threat. We also need the Department of
Homeland Security and CISA to be more aggressive in identifying
and combating threats, and in notifying local officials and
states with critical security information, helping us ensure
voters know what to do when they encounter deceptive election
practices.
At the state level in Michigan, we are doing our part. We
have enacted laws to require disclaimers and disclosure of
political advertisements generated with AI, and we have made it
a crime for anyone to knowingly and deceptively distribute AI-
generated deepfakes. But now we need you to do your part.
As United States Senators, you can protect every voter in
this country from the harmful effects of deceptive AI-generated
content by passing the Protect Elections from Deceptive AI Act.
Finally, we cannot have a secure democracy if we do not protect
the security of the people who protect our democracy.
Our job as election administrators increasingly forces us
to endure harassment, false and malicious attacks on our
character, and threats of violence all because of lies about
our work and our integrity.
On a morning walk throughout her neighborhood, Detroit City
Clerk Janice Winfrey was approached by a man who told her,
``you are going to pay dearly for your actions in this
election''. Oakland County Elections Director Joe Rozell was
recently threatened that he would be hanged for treason.
Former Rochester Hills Clerk Tina Barton received a
voicemail saying, ``10 million patriots will surround you when
you least expect it,'' and that she deserved a knife to the
throat. These are just a few examples of what our election
administrators endure, and as misinformation increases, so do
the threats.
We all have a duty to protect the people who protect
democracy. In Michigan, we have made it a state crime to
threaten or intimidate an election official with a specific
intent of interfering with the officials' duties. This should
be a federal crime. Election officials are professionals. We
are nonpartisan. We put voters first, and we are firmly
committed to ensuring every citizen can have rightly placed
faith in their vote and in our elections.
It should be your highest priority to ensure we have the
funding, the resources, and the legal protections to make
democracy work for everyone, because ensuring our security is
critical to ensuring election security.
I have spent my year defending--I have spent my career
defending the right to vote of every eligible citizen. That
commitment has never wavered, and it will not waver now. I am
here today to ask you all to share that commitment and help us
ensure we are protected so that our democracy continues to
thrive this year and every year. Thank you.
[The prepared statement of Ms. Benson was submitted for the
record.]
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Chairwoman Klobuchar. Thank you so much, Secretary.
Secretary Allen.
OPENING STATEMENT OF HONORABLE WES ALLEN,
SECRETARY OF STATE, STATE OF ALABAMA, MONTGOMERY, ALABAMA
Mr. Allen. Yes, ma'am, thank you. Good afternoon, ladies
and gentlemen. I appreciate the opportunity to speak to you
today about election security.
As Alabama's Secretary of State, I serve as the State's
Chief Elections Official and work closely with the probate
judges, circuit clerks, sheriffs, absentee election managers,
poll workers, boards of registrars who are all an integral part
of our elections process at the local level in each of our 67
counties.
When I took the oath of office 14 months ago, I made it a
top priority to ensure that our elections are fair and secure,
so that every eligible voter who wishes to cast a vote in any
election in our state could do so with confidence, knowing that
their vote would be properly counted.
Elections are the bedrock of our Constitutional Republic,
and it is my Constitutional duty to ensure our elections are
conducted with integrity, honesty, and accuracy. Voter
registration and voter file maintenance are the foundation of
election integrity.
Registered voters can choose to participate in elections in
Alabama with the confidence that our elections process is fair
and secure because Alabama has taken steps, solid steps in our
state, to ensure election integrity.
We have enacted legislation in Alabama that makes it
illegal for any voting tabulator to be connected to the
internet. Alabama state law requires the use of paper ballots
in all elections. Each of our voters must verify their identity
with photo identification at his or her polling place. If a
voter does not have a valid photo ID for voting purposes, my
office will send someone to the location of their choice, even
their home, to issue them a voter ID upon request.
Proper voter file maintenance is essential to instilling
and preserving confidence in elections. Just this year, I, with
the help of the dedicated team of the Office of Secretary of
State, established the Alabama Voter Integrity Database, AVID.
For the first time in our state's history, we have been
approved to directly cross-check our voter file with the
National Death Master Index maintained by the Social Security
Administration, so that when an Alabama voter dies in another
state, we are able to identify and remove that individual from
our voter file.
Quickly removing a deceased Alabamian from our voter file
not only instills confidence, but also allows us to maintain a
more accurate voter file. Every state should be able to do
this, but excessive federal regulations make it more difficult
than it should be for states to access this important
information.
You, as Members of the United States Senate, can remove
these obstacles and make this information immediately available
to every Secretary of State in the country. AVID also enables
us to work with the Alabama Law Enforcement Agency to receive
notifications of Alabama licensed drivers over the age of 18
who have received a driver's license in another state.
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Additionally, by comparing the National Change of Address
Database maintained by the United States Postal Service to our
voter file, we identified registered Alabama voters who have
requested to have their mail forwarded due to moving to a
location outside of the state.
For the first time in our state's history, we have entered
into agreements with each of our border states, allowing us to
identify people who are registered to vote in Alabama and in a
border state.
Voters who are identified as possibly relocating through
any of these methods receive a mailer from their county boards
of registrars asking them to confirm their relocation or update
their Alabama voter registration information. To date, we have,
through AVID, identified 109,709 Alabama voters who have likely
relocated outside of the state.
But unlike deceased voters, we cannot quickly remove them
from the Alabama voter file. The National Voter Registration
Act of 1993, also known as the NVRA, mandates that we wait four
years to make such removal.
If I can make a recommendation to this body to increase
confidence in our elections, it would be to shorten the four
year waiting period mandated by the NVRA, especially
considering the fact that state-to-state movers account for
19.9 percent of all relocations, according to the United States
Census Bureau.
The four year waiting period allows an individual to remain
in a voter file in a state in which they no longer live for
several elections, including a Presidential election, a United
States Senate election, a gubernatorial election, two
congressional elections, and numerous local elections. Four
years, quite frankly, is too long.
This federal law requires Secretaries of State to knowingly
maintain bloated, inaccurate voter lists. Amending the NVRA to
shorten the four year waiting period would certainly increase
voter confidence, decrease bloated voter files, and result in
more accurate voter files across the country.
Again, thank you for your time. It has been an honor and a
privilege to appear before you today. Thank you.
[The prepared statement of Mr. Allen was submitted for the
record.]
Chairwoman Klobuchar. Thank you very much. Mr. Cramer.
OPENING STATEMENT OF ISAAC CRAMER, EXECUTIVE DIRECTOR,
CHARLESTON COUNTY BOARD OF VOTER
REGISTRATION AND ELECTIONS NORTH CHARLESTON, SOUTH CAROLINA
Mr. Cramer. Chairwoman Klobuchar, Ranking Member Fischer,
and Members of the Committee, I want to thank you for having me
here today.
As was mentioned, I am the Executive Director of the
Charleston County Board of Elections. But also, I have the
privilege of serving as a Vice Chair of the Elections
Subcommittee for the National Association of Counties and as a
member of the United States Election Assistance Commission
Board of Advisors.
I cannot overstate the significance of the county
perspective in any topic involving election administration. We
are the frontline workers responsible for ensuring smooth
elections nationwide. Ad
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ministering elections in Charleston County is a responsibility
I hold with the utmost seriousness.
But my journey is also very personal to me. It is rooted in
my mother's dream of becoming a United States citizen. When I
was a child, witnessing her exercise her right to vote left a
permanent mark on my life, igniting in me a passion for
politics and then election administration. I am here testifying
before you because of her hard work and determination.
As we stand on the threshold of another crucial election
cycle, it is important for us as election administrators to
draw from the lessons of the past to strengthen the foundation
of our democracy for the future.
When we reflect on the preparations for this upcoming year,
in Charleston County, our main concerns revolve around three
pivotal needs and these are crucial: the protection of election
officials, the security of our polling places, and the
assurance of adequate federal funding.
The safety and well-being of our election personnel is at
the heart of our operational concerns. During the June 2022
primaries, our polling places became battlegrounds for these
disruptive elements to the democratic process. A local group
traveled to each polling place on Election Day. They harassed
our poll workers. They claimed they were breaking the law and
at several locations they actually called law enforcement to
arrest our poll workers. Just to be clear, South Carolina law
does not allow us to have law enforcement enter a polling place
unless they have been summoned by the majority of poll workers.
Then one of the leaders on social media posted this, ``for
all of you on the team tomorrow observing the polls, good
hunting. You know what you are looking for. We have the enemy
on their back foot, press the attack forward.'' The enemies he
is referring to were his neighbors, good people who are just
trying to carry out the duty, their civic duty of the
democratic process. As our lead poll manager to return on that
night, many of them expressed to me personally they felt
unsafe.
I believe Charleston County can be a model though for other
election officials across the country trying to see how they
can make their polling places safe and their voters safe. Our
office meets monthly with our counter threat manager, our local
law enforcement, emergency management, and public safety.
Together, we are enhancing our training for active shooters
and also how to mitigate any disturbance at the polls and how
to communicate in highly stressful situations. We hosted our
first ever election security workshop last year, and we created
a law enforcement guide that we give to all our law enforcement
partners so they know what they do if they get a call on
Election Day.
Charleston County has made substantial investments to the
election process through building upgrades, surveillance
systems, and also giving us access control mechanisms that are
imperative to mitigate any potential threats in our election
operations.
However, I want to say this clear, not every county can
make similar investments. Numerous counties in South Carolina,
rural and urban, need an infusion of federal funds to improve
the security of their election infrastructure, and that is very
vital to the se
[[Page 10]]
curity of our elections. South Carolina is one of several
states that does not pass HAVA grant money to the county level.
This needs to change.
Congress needs to give us the ability, the counties, those
funds so we can have a direct access, because we are the ones
who run elections day to day. This year, we have a huge effort
to recruit the next generation of poll workers, as many of them
have left due to threats and harassment.
To demonstrate that it is possible that counties can apply
directly for funding, the EAC awarded $1 million to support the
Help America Vote College Program. Charleston County applied
and received $76,000 for an innovative program aimed at
recruiting college students to serve as poll workers.
In addition, we have created the Day for Democracy Program,
which allows county employees to serve on Election Day. County
employees who participate, they also get poll worker pay on top
of administrative leave with pay.
Over 15 percent of our poll workers in 2023 were county
employees. Having trusted public officials serving as poll
workers greatly boosts public trust in the election process.
Many of our poll workers remember a day when elections were
simple. They have now become more complex.
The stakes have never been higher, and we need Congress's
help. You can pass Senator Klobuchar's Election Protection--
Election Worker Protection Act or other proposals that will
strengthen election worker safety. Also, we must impose
penalties on anyone who would threaten, pressure, or dox
election officials.
Without increased funding and action to protect election
workers, counties will continue to see increased resignations
of career election officials and struggle to recruit and retain
seasonal poll workers.
In South Carolina, over 70 percent of election directors
have left their posts since 2020, and I am often asked, why am
I still in this profession? It is a really a simple answer for
me. I believe in the United States of America and the freedoms
we enjoy. I am able to serve this great country by providing
the mechanism by which our country was founded, the ability to
give everyone a voice in shaping the future and direction of
our country through voting.
Election administrators need the support of Congress now
more than ever to protect and fund our elections.
[The prepared statement of Mr. Cramer was submitted for the
record.]
Chairwoman Klobuchar. Very good. Thank you, Mr. Cramer. Mr.
Kruse
OPENING STATEMENT OF BRIAN KRUSE, ELECTION
COMMISSIONER, DOUGLAS COUNTY ELECTION COMMISSION, OMAHA,
NEBRASKA
Mr. Kruse. Chairwoman Klobuchar and Ranking Member Fischer,
I appreciate the invitation before the Committee this
afternoon. My name is Brian Kruse. I am the Douglas County
Election Commissioner.
[[Page 11]]
One of the most important aspects of election
administration is trust and fairness in conducting and managing
elections. In Nebraska, we have the gold standard for election
administration.
First and foremost, we use paper ballots. Voters receive a
paper ballot, whether it be for early voting or Election Day
voting. The tabulating machines that count ballots are never
connected to the internet or to each other, and these machines
are used only after numerous pre-election tests.
Following the election and before results are official, a
thorough canvass or audit process is conducted, as well as a
manual audit directed by the Nebraska Secretary of State's
Office. There is a paper trail.
Our office prepares for every election cycle by reviewing
and updating procedures for each department to ensure that each
voter registration, candidate filing, early voting request
ballot, or petition signature is processed according to the
statutes and using consistent rules and guidelines.
When processing thousands of records and training seasonal
staff, it is important to ensure that correct procedures are
being followed. Early voting by mail can be a secure and
accurate method of voting if administered properly.
For polling place elections, Nebraska law requires voters
in the majority of counties who choose to vote by mail to
request an early voting or absentee ballot prior to each
election, as ballots cannot automatically be sent.
Signatures, and now voter ID requirements, are checked at
the time each request is processed. If these requirements are
not met, a ballot will not be sent. Upon ballots being
returned, signatures are checked again. Drop boxes in Douglas
County are secured under 24/7 surveillance cameras and emptied
each weekday by two individuals of differing parties.
I encourage voters to use one of our drop boxes, as they
are the most direct way to return election mail. The voter
places the item in the box and election workers pick them up.
There are no third parties involved.
Voters in Douglas County, across all political spectrums,
have embraced the drop boxes. On average, 77 percent of all
vote by mail ballots are returned via one of our drop boxes.
Bolstering public confidence in our elections is vital to
successful elections. Local election officials are the trusted
source for getting the message out about elections.
I am fortunate and grateful that I have a good relationship
with the local media, TV, radio, and print as they assist my
office in disseminating accurate and timely information. The
big task this election cycle for Nebraska is the implementation
of voter ID and making sure voters know what is needed both for
by mail, early voting, and Election Day voting in order for
their ballot to be accepted and their voices to be heard.
The media is also a vital partner in reminding voters of
deadlines and other helpful guides to make the process
successful. For instance, working with their office to create
an infographic or flowchart of the voter ID options.
My Chief Deputy Election Commissioner and myself attend as
many community events as possible to provide election
education,
[[Page 12]]
answer questions, and build relationships. These relationships
have forged trust and have been instrumental for my office in
correctly informing voters of changes related to elections.
In Nebraska, we are also unique in the fact that we have a
state law, the only state which allows for poll workers to be
drafted, similar to jury duty. Douglas County was the only
county in Nebraska that conducted a draft for many years.
Some advantages to drafting poll workers are increased
community awareness of the election process, less difficulty in
securing election workers, and a younger work force with an
average age in the mid 50's, while the majority of poll workers
nationwide are over 60.
In conclusion, it is my privilege to serve the voters of
Douglas County and an honor to be here representing the 93
county election officials in Nebraska who work diligently to
conduct accurate elections.
I encourage all citizens from coast to coast to go and have
your voices heard on Election Day. Thank you for inviting me
today, Senator Fischer, and thank you to the Committee for your
time.
[The prepared statement of Mr. Kruse was submitted for the
record.]
Chairwoman Klobuchar. Thank you very much, Mr. Kruse. Ms.
Nelson.
OPENING STATEMENT OF JANAI NELSON, PRESIDENT AND
DIRECTOR-COUNSEL, NAACP LEGAL DEFENSE AND EDUCATIONAL FUND,
INC., NEW YORK, NEW YORK
Ms. Nelson. Chair Klobuchar, Ranking Member Fischer, and
Committee Members.
My name is Janai Nelson, I am the President and Director-
Counsel of LDF, formally the NAACP Legal Defense and
Educational Fund. Thank you for the opportunity to testify
about the state of voting rights for Black Americans, both on
the ground and in the courts, and about the urgent need for
congressional action to protect and secure the fundamental
freedom to vote.
My testimony is informed by LDF's extensive experience over
80 years protecting and advancing voting rights for Black
Americans since our founding by Thurgood Marshall in 1940. My
testimony is also informed by the on the ground election
protection work we must do every election cycle in order to
ensure that Black voters can cast a ballot and have it counted.
Last week was the 59th anniversary of Bloody Sunday, when
patriots like John Lewis were brutally beaten in Selma, Alabama
for simply demanding the right to vote. Their courage and
action led to the passage of the Voting Rights Act of 1965, and
the true start of our multiracial democracy.
We need Congress to follow in the steps of those foot
soldiers with courage and action today. It has been more than a
decade since the Shelby County decision, where the Supreme
Court gutted the heart of the Voting Rights Act, and Congress
still has yet to act. But in that decade of congressional
inaction, states that were previously subject to preclearance
have aggressively and systematically trampled on voting rights,
especially those of Black citizens.
[[Page 13]]
Alabama, North Carolina, Texas, and other states with
histories of discrimination advanced harsh voting restrictions
within days, even hours of the Shelby decision, and a wave of
voter suppression laws followed across the country.
More recently, the Big Lie and other myths to undermine
faith in our elections have stoked a backlash against voters of
color. Some states have targeted the precise pathways to the
polls that Black voters have used in recent years, whether it
is eliminating or limiting drop boxes in Florida, early voting
in Georgia, or vote by mail in Texas.
Artificial intelligence is being weaponized to advance
frivolous mass challenges to registered voters in Georgia, and
this is gaining traction through programs like Eagle AI as a
nationwide strategy to distort the electorate.
The increased use of AI also threatens to turbocharge
disinformation campaigns historically targeted at Black voters.
Despite decades of progress toward becoming a more
inclusive, just, and equal democracy, we are swiftly moving in
the opposite direction. In Alabama Black and white voter
turnout was nearly equal in 2012, but a decade after Shelby,
Black voter turnout now lags nearly eight percentage points
behind white voter turnout. Georgia had the largest racial
disparity in turnout in 2022 at any point in the last decade.
The 2020 redistricting cycle was rife with discrimination.
Of the nine states previously subject to preclearance, six,
two-thirds, have faced lawsuits challenging their maps for
racial discrimination.
Federal courts have already found in three of our recent
cases, Alabama, South Carolina, and Louisiana, that the states
created racially discriminatory congressional maps.
Let us be clear, while LDF is fighting in the courts, along
with our other civil rights sisters and brothers, we cannot
litigate our way out of this problem. But Congress can
legislate.
Black Americans are headed into November with a shredded
shield as a result of the Shelby County and Brnovich v. DNC
decisions. The Voting Rights Act is a shadow of its former
self. Precisely when we need strong voting rights protections
in the face of rising authoritarianism, destructive court
decisions, combined with inaction by Congress have stripped
them away.
The state of voting rights for Black Americans is tenuous,
and that is an urgent crisis for our democracy and for this
Congress. The President issued a powerful call to action in
last week's State of the Union address, and he named the
specific solutions that were recently reintroduced in both
chambers, the John R. Lewis Voting Rights Advancement Act and
the Freedom to Vote Act, both of which we call on Congress to
pass.
The right to vote preserves every right that we hold dear.
It is an effective nonviolent means of expressing our will.
Protecting the right to vote should not be a matter of partisan
politics. It is the duty of all elected officials to honor and
protect the sacred act that has enabled them to serve. Thank
you, and I look forward to your questions.
[The prepared statement of Ms. Nelson was submitted for the
record.]
[[Page 14]]
Chairwoman Klobuchar. Thank you very much, Ms. Nelson.
Senator Warner is going to take my spot because he has to leave
and is chair of the Intel Committee, so he has some interest in
protecting our elections. Then we will turn it over to Senator
Fischer, and then we will go from there. Thank you.
Senator Warner. Well, thank you, Madam Chairwoman. Thank
you, for holding this critically important hearing. I
appreciate our panel here. Senator Klobuchar is right, I am
Chairman of the Intelligence Committee.
Yesterday, we had the worldwide threats briefing from FBI,
CIA, ODNI, NSA, all of our intelligence community across the
board in law enforcement. They indicate--and I believe that we
need more hearings like this, and I appreciate Senator Fischer
is involved in this as well--that in many ways we are
potentially less protected as we go into 2024, in terms of the
security of our elections, than we were during 2020.
That is a pretty stunning fact. There are four reasons why
this is the case. I am talking about now interference from
foreign malign influence. Number one, a number of our
adversaries have seen how cheap and effective it is to
interfere in our elections. The template that was laid out by
Russia in 2016 was literally pennies on the dollar.
If you are thinking about trying to disrupt, it is a heck
of a lot cheaper to use technology to disrupt and undermine
another nation states elections than it is to buy airplanes,
submarines, and tanks.
Russia continues, and not just in our elections but
elections around Europe, around the world, intervening. China
has picked up some of these techniques as well. Iran, other
nation states as well. We have a series of nations, and in
particular led by Russia, who realize that interfering in our
elections can--could have dramatic effects on America's
position in terms of support of Ukraine.
Their interest level is higher, number one. Number two, and
this is just the nature of our politics today, Americans on
either end of the political agenda have much less faith in many
of our institutions, and unfortunately, much less faith in
particular in the integrity of our electoral--of our election
system.
Number three, there was a case, Murthy vs. Missouri, that
the Fifth Circuit put out a ruling in last July I think ill-
suited, and the Supreme Court is reviewing it now. While they
have put a stay on this, that literally prevents voluntary
communication between our Government and social media
companies.
I remember in the aftermath of the 2016 incursion, the CEO
of Facebook, Mark Zuckerberg, said repeatedly in public, you
know, if the Federal Government has got evidence of Russians or
other entities being on Facebook, please share that with us.
Well, in a bipartisan fashion led by then Chairman Richard
Burr of the Intelligence Committee shared that information. I
have to say, all throughout actually the Trump Administration,
and in this case the Trump Administration did right, there was
voluntary sharing that went back and forth on a regular basis.
If NSA or CISA found evidence of foreign maligned
influence, that could be shared on a voluntary basis with the
other companies and vice versa. As of last July, and literally
until about two weeks ago, there had been no communication
between those social media
[[Page 15]]
platforms where a lot of this foreign misinformation,
disinformation, takes place, and the Government.
Then finally, and I know the panel has talked about this a
bit already, we have the whole new advent of artificial
intelligence. AI brings at a scale and speed tools to
interfere, misinform, and disinform.
We all know about deepfakes in terms of our images and our
voices. It can happen at a scale and speed in which--and I have
an appreciation for all of the Secretaries of States here. But
you guys, there is no way you can keep up with. I feel it is
critically important that we do a better job in a bipartisan
fashion of educating the American public that this problem has
not gone away. That our adversaries wish us ill.
Lord knows we have enough divisions between Americans in
terms of our political views, that we ought to argue amongst
ourselves. That is appropriate. But to somehow have this overly
influenced, amplified, misinformed, disinformed by foreign
maligned influence is incredibly problematic.
I know my clock is about out, but Secretary Benson, if you
could just briefly, ERIC was a system that was voluntarily set
up, again, by folks from the Trump Administration that,
unfortunately, states have exited. You decided in Michigan to
come into that system. Could you briefly address--and I thank
the Ranking Member for allowing to put my question in.
Ms. Benson. Yes. I want to also address what you were
talking about with the threats of misinformation.
But yes, Michigan has been a member of ERIC since 2019, and
we found it to be a really effective method to collaborate with
24--the current membership is 24 other states as well as
Washington, DC, to ensure, you know, a lot of what my colleague
from Alabama was talking about with his state system, that we
are actually able to do collaboratively with states around the
country, quite effectively, increasing the accuracy of our
voter rolls, through what heretofore has been the most secure
and effective bipartisan collaboration of states to protect the
integrity of our elections and our election administration
system has ever seen.
It has been victimized by a lot of misinformation. I
actually want to--which really underscores how lies around our
democracy harms the security of our democracy. As you just
said, very clearly, and one thing we are not talking enough
about is that our foreign adversaries, foreign adversaries to
this country, have a greater incentive than ever before in this
election cycle to interfere with our elections processes.
The way they will interfere with our processes is not
through trying to harm our infrastructure. Our elections are
secure. We all use paper ballots. We all have audits. We all
have several layers of security in place to protect every voice
and every vote, and ensure every eligible vote, and only
eligible votes, are counted.
Where misinformation and where foreign threats will affect
our elections are not just through AI but are in multiple
multiscale attempts to fool voters about their rights in an
effort to cause confusion and chaos and instill fear, in an
effort to deceive voters, to divide us as Americans, and to
deter us from believing in our voice and in our votes.
[[Page 16]]
In that effort, to combat that effort, we must invest in
efforts to educate our citizens, boost trusted messengers from
all sectors and all parties, and collaborate more than we ever
have before to ensure we are marching forward, arms locked, to
protect every citizens' voice in this election from efforts to
fool them about their voice and about their votes.
The Federal Government must be a partner in that effort.
CISA must be a collaborative partner in that effort, working
with all of us to ensure that we are recognizing what maligns
our election system is not really left or right.
It is this foreign interference that could cause every
citizen in this country to stop believing, not just in their
institutions of government, but in their own voice. Against
that, we can all fight proudly, I believe, and we can be
successful if we do it together.
Senator Fischer. Thank you, Senator Warner. As a Member of
the Armed Services Committee, I am well aware of the maligned
activities that we see from our foreign adversaries. But I know
that election officials also still worry about infrastructure
and still worry about the increase that we see from
cybersecurity threats.
Whether it is threats to the infrastructure itself or
government websites or voter registration databases, the poll
books. Secretary Allen, could you tell us about how Alabama has
worked to mitigate potential cybersecurity threats and whether
you have encountered any unique challenges in this process, and
whether you see some of those threats changing over time as
well.
Mr. Allen. Yes, ma'am. Thank you. We work very closely with
our Office of Information and Technology that oversees our
statewide agencies and the backbone of our IT department.
We have an in-house IT department as well, but we
collaborate with these agencies, with the FBI, with the DHS,
quite frequently, especially over the last several months,
getting prepared for the primary that we had last week and
obviously getting prepared for the runoff coming up in certain
parts of Alabama in April, and then to the general election in
November.
We have many conversations on cyber. That is one thing we
take very seriously. As a matter of fact, on election night, we
have someone there from our Office of Information Technology,
the statewide office.
We have someone from our own IT department in our office as
returns, unofficial returns come in the evening. To make sure
if there is ever anything that pops up on our radar that we are
able to answer them very, very quickly and to mitigate any kind
of potential threats that are out there with us or may be
targeting Alabama.
We work across the many platforms to make sure that we are
ready to fend off any type of cyber-attacks in Alabama.
Senator Fischer. Thank you. Mr. Kruse, what are some of the
unique challenges that local election officials face in
mitigating those cybersecurity threats? If you turn your mic
on. There you go.
Mr. Kruse. Sorry. You know, the big one, I think, obviously
would be the disinformation, if someone were to hack a website
of ours and try and change information or results or something
of that nature. Also, the AI of impersonating myself, perhaps
polling place changes, or deadline changes, things of that
nature.
[[Page 17]]
We are fortunate in the fact, that in Douglas County, we
have a group called DOT Comm, the Douglas Omaha Technology
Commission, which is a joint venture between the city and
county. They really are the experts on technology,
cybersecurity, and things of that nature. They provide all of
that for me.
I also do have two gentlemen in-house in our election
system and technology department. They created our website and
maintain the website. If something were to happen, we hopefully
could fix it in-house fairly quickly. We do not contract with a
third party for that.
We can also change things on it, instantly using them to
get messages out. I think, from the local election official
perspective, we hear all the time that voters trust their local
election officials, and we hear a lot that we believe maybe
there was fraud or misinformation or something in someplace
else, but not our jurisdiction.
Really, having trust with your community, with your voters,
and with media outlets so when issues do occur, you can contact
them and get the correct information out quickly.
Senator Fischer. You had talked about in your opening
statement about the information that you provide to voters in
Douglas County and your good relationship with the media. You
also mentioned the post-election audit process. Could talk a
little bit about the benefits of--that these audits provide to
the voters in your jurisdiction?
Mr. Kruse. Absolutely. That is administered by the
Secretary of State's Office. The morning after the election,
the Secretary of State's Office randomly picks certain
precincts and certain races for counties to audit. Larger
counties like myself have three of them, but every county has
at least one in a statewide general.
Last time we had the three races in the three precincts,
the races were the Congressional race, the Governor's race, and
then the Sheriff's race. We had 2,325 votes cast amongst the
three races in the three precincts. We go, get the ballots out
of the vault. We sit down, we literally then hand tally them,
make sure they match up with what the machine count had been,
which they did.
We were perfect last time. This instills confidence in the
voters. It is another level of check and balance. It is another
level of proof to show that our machines are counting the
ballots correctly, to not only the voters but to the workers
who worked there as well, who were then great Ambassadors for
our office.
Senator Fischer. Great. Thank you very much. Thank you,
Madam Chair.
Chairwoman Klobuchar. Very good. Thank you. Secretary
Benson, as you mentioned in your testimony, Michigan
implemented in-person early voting during last month's primary.
Can you share more information about how you worked with local
officials about these and other reforms that expand access to
voting, and why these efforts are important?
Ms. Benson. I am happy to. Thank you, Senator and
Chairwoman. I am proud in Michigan that both in 2018 and in
2022, voters themselves amended our State Constitution to
implement automatic voter registration, Election Day
registration, enhanced audits and protections, as well as
enhanced opportunities for military and overseas citizens to
vote.
[[Page 18]]
They also gave every citizen a right to vote from home, a
right to have a drop box for every--one for every 15,000 voters
in our state that is secure and monitored and checked daily,
and nine days of early voting in every statewide election.
Our Presidential primary, held just last month, was the
first statewide election in which we held early voting, and we
found it to be a game changer in how citizens have access to
cast their ballot, not just on Election Day, but in-person
voting.
Two Saturdays and two Sundays and a full week before
Election Day can dramatically increase voter engagement and
turnout and address the fact that when we look at who is not
voting, a lot of the reasons why, according to various surveys
and data, is because of inconvenience, because they cannot get
to the polls in a certain time, in a certain day.
But expanding the number of election days we have has
dramatically given more citizens opportunities to participate
and has given more democracy partners opportunities to engage
citizens in becoming fully educated and informed voters.
Chairwoman Klobuchar. Thank you. I mentioned AI, and we
know that we already have misinformation out there and how
viral it can go. Ms. Nelson, can you speak briefly on how
disinformation targets voters to suppress the vote, number one,
and then how AI would make it even easier for disinformation to
go viral.
Ms. Nelson. Yes. Disinformation is something that is not
new to our election system. Unfortunately, Black voters in
particular have been targeted throughout the time they have
enjoyed the right to vote with information that would mislead
them as to where to cast a ballot, whether they were eligible.
There have been many barriers based on false information, but
with AI, we see those efforts multiplied and exacerbated in
extremely dangerous ways.
For example, we look at the current practice of doxxing.
That is something that harkens back to when Black people would
vote in the Jim Crow era, and they would have their names and
information broadcast to the community so that they might
suffer violent repercussions for exercising their right to
vote.
Similarly, today we see doxxing and people's information
being spread, but now at warp speed across the country, into
the dark web, and permeating some of the most dangerous spaces
because of technology. We also see manipulated images of voters
and communities that misrepresent what their choices are.
It is quite dangerous, and it is hard to detect, and we
certainly need legislation to improve that. But importantly, we
need protections for the right to vote to enable voters to cast
a ballot that will be counted.
Chairwoman Klobuchar. Very good. Thank you. Along the same
lines, briefly, Mr. Cramer. Senator Collins and I called on the
EAC to take action following the fake robocalls in New
Hampshire. It voted unanimously to allow state and local
officials to use federal funds to combat AI-generated
disinformation. Can you talk about efforts from local officials
to take this on?
Mr. Cramer. Yes. Thank you. I think the first thing is
using that example in New Hampshire, we were next in line with
the Republican primaries--sorry, the Democratic being the first
in the Nation. It was a little confusing in New Hampshire
there, but----
[[Page 19]]
Chairwoman Klobuchar. But Mr. Kruse was ready to, you
know--and, so go ahead.
Mr. Cramer. But at the end of the day, the first thing as
election officials we do is plan and getting--making sure that
our local partners--and one thing I am very thankful for, we
have a counter threat manager in Charleston County who is
monitoring all the threats that are coming in across the Nation
and using that information to then inform our decisionmaking
process.
You have to get everybody on board with this. One of the
things with the elections, we rely on so many different
processes countywide, municipality wide, statewide. There is so
much overlap that communication is so important. When we have
something going on at the local level, we can push that
information to our fusion center, which then goes to the
national level.
When it comes to AI and funding specifically, you know, the
counties have to have an ability to participate in the
application of those funds if they were available, and using
those funds proactively to mitigate any AI threats that we
would encounter. In Charleston--I am sorry, go ahead, yes.
Chairwoman Klobuchar. No, good. Thanks. I just want a
quick--Mr. Allen, can you talk about how, you know, we work
hard to get some federal funding for elections, it has been
helpful for equipment and the like. Could you, talk--address
how the way--the ways your state has been able to put federal
election funds to use.
Mr. Allen. Yes, ma'am, thank you. We used HAVA funds to
make available to all of our 67 counties, GIS software, mapping
software, that is able to be used in all of our boards of
registrars offices.
When they are getting folks registered to vote and when
they are implementing new county commission lines, school board
district lines, congressional lines, that the voters are making
sure that they are put in their correct voting precinct in the
correct district.
We have made that available, and it is being utilized right
now, and we are happy and pleased with the implementation of
how that is going so far.
Chairwoman Klobuchar. Thank you very much. I will save a
question, my colleagues are all here, for you Mr. Kruse, on
recruiting poll workers and the like. With that, we turn it
over to Senator Britt.
Senator Britt. Thank you, Madam Chairwoman. Secretary
Allen, this Committee has heard testimony before regarding
nationwide challenges with recruiting and retaining poll
workers.
I know that earlier this year, you launched the Heroes to
the Polls initiative in Alabama to help recruit poll workers in
our state. Can you explain more about what that initiative is
and how it has been implemented, and how it is going at this
point?
Mr. Allen. Thank you, Senator. Who better than veterans to
protect our elections? You know, they have protected our
Constitutional right to vote with their service through the
military. We wanted to launch this program to help recruit poll
workers.
I can tell you, as a former probate judge who stayed on the
phone a lot recruiting poll workers, that is one thing we
wanted to make available and help our local election officials
who run our elections.
[[Page 20]]
That is really, really important that we make that available to
them. You know, we want to give another tool to the probate
judges, circuit clerks, and sheriffs.
When they are appointing those election officials--and when
I am speaking to groups, one thing I always try to encourage
these groups to do is I ask them, I say, raise your hand if you
have ever served as a poll worker, and sometimes you have some,
sometimes you do not.
I always encourage them to get involved because that is how
they can help their local communities. With our Heroes at the
Polls program, we think that is important. We have also
launched, Lawyers for Liberty, which is, we work with the
Alabama State Bar, to give attorneys and to recruit attorneys.
If they sign up, get trained, and work on Election Day,
they get four hours of continuing education----
Senator Britt. Oh, that is great.
Mr. Allen ----out of the State Bar. We want to make that
tool available to them as well. We are taking steps to help
these local officials to recruit poll workers.
Senator Britt. Excellent. Thank you for your work on that.
Additionally, as you know, federal law bans non-citizens from
voting in federal elections. That being the case, it is
important that states be given the tools that they need to
ensure non-citizens are not able to register or vote in our
elections.
Last year, I introduced the Citizen Ballot Protection Act
here in the Senate, and I appreciate all of my Republican
colleagues on this Committee joining me in that effort.
Congressman Gary Palmer of Alabama introduced the House version
of that bill earlier last summer; and it was voted out of House
Committee on Administration in November. I hope to see both
chambers pass this, and it become law.
The bill is simple. It amends the National Voter
Registration Act to allow states to put in place a proof of
citizenship requirement for both the federal mail voter
registration form and any state mail voter registration form
that they might be able to develop.
Secretary Allen, in that vein, can you explain what
resources Secretaries of State around the country have at their
disposal to provide their state or local election officials the
ability to verify citizenship when individuals attempt to
register to vote?
Mr. Allen. Thank you for the question. The simple answer is
we do not have really anything at our disposal to verify
citizenship. Really when a man or woman goes in to register to
vote and they sign their name, they are attesting that they are
telling the truth, that they are a citizen of the country.
Just recently, back in December, we asked the United States
Citizenship and Immigration Services for a list of non-citizens
so we could cross-check our voter file in Alabama. We were
denied that list from the Federal Government, and they told us
to use the SAVE program, which is the Systematic Alien
Verification Entitlement program database.
But the thing is, the SAVE program database does not allow
states to verify citizenship through that database. That is
really all we have. We tried it. You know, the Federal
Government, federal courts have blocked previous efforts by
states to verify citizenship.
[[Page 21]]
I think it is important now more than ever, especially
given what is happening at our Southern border.
Senator Britt. Do you--are there any other additional
barriers that hinder citizenship verification that you can
think of or--sounds like they are significant?
Mr. Allen. There are significant challenges to verifying
citizenship. You know, we have tried everything--making
telephone calls and so forth----
Senator Britt. I only have 30 seconds left, just quickly.
You mentioned this in your opening testimony, but you talked
about if an Alabama voter needs identification, that you will
go to their home.
Mr. Allen. Sure.
Senator Britt. Free of charge. Can you explain to the
Committee here the efforts that we make in the state to be able
to make that available to every citizen?
Mr. Allen. Sure. We require photo identification to vote,
but we will give anyone that needs a photo identification to
vote in Alabama one free of charge. We will go to their home.
If they call and request that, we will go to their house to
make sure they have a photo identification. We want everybody,
every eligible Alabama citizen, to be able to vote, Senator.
Chairwoman Klobuchar. Okay. Thank you. Senator Merkley.
Senator Merkley. Thank you very much, Madam Chairwoman.
Secretary Benson, you had several examples in your testimony of
the intimidation of poll workers, and one was an election
director was threatened to be hanged for treason, and I believe
in Rochester Hills, a voicemail saying 10 million patriots will
surround you when you least expect it directed toward Tina
Barton.
Another in Detroit city, Detroit city saying you are going
to pay dearly. This is all across the country. This is an
example of the threats that were put forward in Oregon, being
written on the parking lot. As you can see, it was basically
done right after the election. Vote do not work, translated
elections do not work, next time, bullets.
I must say, I have been hearing from clerks all over my
state that they are having difficulty recruiting poll workers
due to these threats, which have basically been inspired by
Trump's argument that the election was stolen. Is this
happening all over the country?
Ms. Benson. Yes. It has since the 2020 election cycle. In
terms of the threats and the challenges--and my colleagues on
this panel have talked about some of the solutions of anti-
doxxing legislation.
I think Michigan has gone a long way to pass state laws to
very clearly draw a line in the sand about what is and is not
appropriate in terms of threats to election workers. I would
just add one thing. I think the absence of any clarity from the
Federal Government that this is not appropriate and that it is
a crime to threaten an election official in their line of
official duties is--well, I would say passing a law to clearly
make it a crime.
As you know, Senator Ossoff and others have proposed, would
send a very clear message of support and protection to these
individuals who have borne a lot of the brunt of the
misinformation and lies and deception that has plagued our
democracy for the last several years.
[[Page 22]]
The other thing I will underscore is, one thing I am
particularly proud of in Michigan, where we launched the
democracy MVP program in 2020 to partners with Vote Our Vet--to
recruit veterans into partners with the ABA, nationally, and in
our state to recruit attorneys.
What we have seen as a result also is a new generation of
election workers step up to the plate, determined to protect
our democracy despite the threats, yet at the same time, these
threat are still----
Senator Merkley. Thank you. I am going to try and get a
couple other questions here, but that was a very comprehensive
answer. Thank you. As Secretary Allen mentioned the importance
of making sure that non-citizens do not vote.
This has been a point of some discussion as to whether
these strategies are intended to essentially intimidate people
and whether this is addressing a real problem. Have you seen a
significant number of non-citizens attempting to vote in your
state?
Ms. Benson. No.
Senator Merkley. If I recall that Michigan did some audits
to try to examine that. What did those audits find?
Ms. Benson. Yes. We take the importance of ensuring every
eligible vote is counted, and only eligible votes are counted,
very seriously.
We have several layers of protection where we implemented
automatic voter registration, in particular to ensure
documentation, and also make clear to folks that the
consequences, legal consequences, of lying on these forms.
But at the same time as we have done our work and done our
investigations, we have consistently found that our voter rolls
are clean and that non-citizens are not voting to the extent
that some would allege.
Senator Merkley. There is many ways to approach this that
have worked very well. Ms. Nelson, would you affirm that that
is the case?
Ms. Nelson. Yes, Senator, it is correct that it is not the
case--that there are non-citizens attempting to vote in any
substantial or even notable number.
Senator Merkley. Just say, I hate to see people trying to
address a non-problem and disguise it as a problem when they
are really trying to intimidate people from voting. Ms. Nelson,
I wanted to turn to your testimony, and you mentioned it.
Several things that are done to discourage people from
voting, and I have heard about these all across the country. If
you have a section of the state that you do not want to vote,
like a certain city, a certain poor area, certain Native Indian
reservation, changes in polling location, you move it, you
consolidate it.
You proceed to open the voting place late. You proceed to
understaff so that there is a long line. You proceed to put the
voting place where there is no parking, so people get very
frustrated. You proceed to run out of ballots, which was one I
had not heard about before, when you are talking about
Mississippi. These strategies, how do we tackle these?
Ms. Nelson. Well, the way we are tackling them is we have
25 poll monitors on the ground right now in Mississippi
addressing
[[Page 23]]
those very issues that you just laid out. I have a real-time
email from my team telling me that that is what they are
seeing.
There are also signage issues. There are many potential
barriers that are not easily detectable until you are in the
middle of an election, and voters are being disenfranchised,
where there is a clear targeting and a clear disregard for
certain communities when they are attempting to cast a ballot.
What we need is, in addition to our election protection
efforts, we need strong legislation that will prevent some of
these changes from happening without there being some
preclearance, some authority that says it is okay for you to do
this, it will not disproportionately harm certain voters.
Senator Merkley. Yes. I really want to just emphasize that
in closing, because these things sound like legitimate
operations moving to low polling location and so forth, but
they can be used in extremely prejudicial manner. Thank you.
Chairwoman Klobuchar. Very good. Senator Hagerty, and then
Senator Padilla.
Senator Hagerty. Thank you. I want to thank all of you for
being here today. Your work overseeing our elections is
extremely important. The founders tasked the states with
conducting elections to help ensure the integrity of and the
confidence in our election system. I want you all know I
appreciate your service.
Secretary Allen, I am going to direct all of my questions
to you, however, because we have a limited amount of time. I am
going to ask you to keep your answers brief, yes or no, if
appropriate, sort of answers.
Let us get started. Are you familiar with President Biden's
Executive Order 14019, which directs Federal Government
agencies to engage in voter mobilization, including helping
with completing vote by mail materials and finding third party
organizations to help provide voter services on federal
property?
Mr. Allen. Yes, sir.
Senator Hagerty. Secretary Allen, are you aware of any
authority in federal law that permits the Executive Branch
agencies to engage in this sort of voter mobilization activity?
Mr. Allen. I am not.
Senator Hagerty. Nor am I. In fact, it seems like this
activity actually may very well violate the Hatch Act. It may
violate the Anti Deficiency Act, which prohibits spending funds
in a manner that is not authorized by Congress. Secretary
Allen, does it seem problematic to you for taxpayer funded
federal agencies to ``assist applicants in completing vote by
mail ballot forms'' and bringing outside organizations to help
do that?
Mr. Allen. Yes, sir. It is problematic.
Senator Hagerty. This Biden Executive Order says that any
outside organizations brought in to help with voter
mobilization must be ``nonpartisan.'' Let us take a look at who
is helping the Biden Administration with this order.
Last year, an agency within the Department of Health and
Human Services acknowledged that it was working with groups
like the ACLU and Demos to implement this voting executive
order, the latter of which describes its mission as,
``pioneering bold, progressive ideas.''
[[Page 24]]
A FOIA request also revealed that Demos is working with the
Department of Agriculture on this matter. Secretary Allen, do
the ACLU and Demos sound like nonpartizan groups to you?
Mr. Allen. No, sir.
Senator Hagerty. They obviously are not nonpartisan. Their
priorities are openly partisan. Secretary Allen, Biden agencies
are using openly left-wing groups to conduct get out the vote
activity. It sounds like the Federal Government is being used
as an arm of the Biden campaign, doesn't it?
Mr. Allen. Yes, sir.
Senator Hagerty. This is like a Republican Administration
hiring the Heritage Foundation to engage in, ``nonpartisan
voter mobilization activities.'' A couple of weeks ago, Vice
President Harris announced that the Biden Administration is
paying college students to reach out to voters and serve as,
``nonpartisan poll workers.''
Then the Vice President provided an example of the
nonpartisan poll workers that she was talking about, that the
person that she gave as an example previously worked for the
ACLU and the Alliance for Justice, which is a partisan group.
Secretary Allen, does this inspire confidence that the Biden
Administration's voter activity is nonpartisan?
Mr. Allen. It does not sound like it, sir.
Senator Hagerty. No, it does not. One way the Biden
Administration could alleviate some of this concern concerns by
revealing what they are using these taxpayer dollars to do.
Under Executive Order 14019, the Biden Administration required
each federal agency to come up with a plan for driving voter
mobilization and submit that plan to the White House.
Yet the Biden Administration refuses to disclose these
plans, and that is despite Congressional inquiries. That is
despite FOIA requests to do so. Coming back to your experience
here, Secretary Allen, is it normal for a President, or even a
Governor for that matter, to require government agencies to
engage in voter mobilization and develop secret plans for doing
that, and keep that all secret from the public?
Mr. Allen. I do not think that is normal.
Senator Hagerty. I certainly do not either. I think it is
understandable that many Americans are concerned about these
secret, taxpayer funded voter mobilization plans, and the Biden
Administration needs to release these plans. Thank you. I yield
back my time.
Chairwoman Klobuchar. Senator Padilla.
Senator Padilla. Thank you, Madam Chair. Before I get to my
questions, let me just share with my colleagues in the
Committee and the witnesses in front of us just one of many
examples.
The exchange I just witnessed fails to point to any
partisan language in the directives that were referenced. If
anything, I will call your attention to the National Voter
Registration Act, which was passed on an overwhelming
bipartisan basis in 1993.
Before we get to the substance of the Act, just find under
section two, findings and purposes, findings to Congress,
again, on a bipartisan basis, finds that one, the right of
citizens of the United States to vote is a fundamental right.
Number two, it is the duty of the
[[Page 25]]
federal, state, and local governments to promote the exercise
of that right.
It goes on from there. For anybody looking for where in
statute we might find the opening for the Federal Government,
not in a partisan basis, on a nonpartisan basis, to encourage,
actually accept a role and responsibility in encouraging
citizens of the United States to exercise their fundamental
right to vote, here is one example. Moving on.
I know we can or should have longer term conversations
about modernizing elections and what you all need to continue
to protect the integrity of the bedrock of our democracy. I
know that threats to election workers and poll workers has
already been covered in this hearing.
But recognizing that--we are well deep into the primary
season of 2024, November is on the horizon, let us talk about
some practical here and now things that can and should be done.
Just two examples from my home state.
At the county level, Santa Clara County, one the larger
counties in my state, hosted an annual media--every election
has a media day to help inform voters--but excuse me, the press
and by extension the public of the voting process. The more
understanding there is, the more we can follow the news and
maintain faith and confidence in the process.
Post-primary, they are not doing the vote counting because
it takes a while in California because of the high levels of
participation. Statewide, California has implemented a ballot
tracking system where people can sign up to receive text
messages, email messages in multiple languages, by the way, on
the status of their ballot on the way to the voter, on the way
back to the county, when this is processed, when it is being
counted.
Questions for Mr. Cramer, what systems are in place for
state and local officials to learn what either federal
resources or university resources are available to them, and
maybe even a sharing of information system to share these best
practices?
Mr. Cramer. Thank you for the question, Senator. The great
honor we have in Charleston County is election sharing with our
state partners. We hold a state conference every year.
But one thing I am proud of is we are launching the Voter
Ambassador Program in Charleston County, and we are the trusted
election information source. We are going to empower other
organizations within Charleston County to be our Ambassadors
under strict guidelines, but it helps give that official
information.
When we do a program like that, we have to be able to share
that with other counties and states. The EAC has a great
clearinghouse program that we are now being able to tap into,
and that is a resource sharing where we can ask questions, what
are you doing to be effective in election administration? It is
a tool that I actually applaud the EAC for introducing, and it
helps election officials.
Senator Padilla. Wonderful. Thank you. Now, on a very
specific topic, recently the Department of Education clarified
rules around the federal work study program, making it clear
that, yes, it is legal for students on work study jobs to work
in election offices.
I actually encouraged the department to make this
clarification last October, because somehow it is a question in
the minds of
[[Page 26]]
some, and I am glad it happened. I think it is a terrific way
to bring dedicated younger Americans into elections offices, to
see their democracy up close and personal, and imagine being
inspired to pursue a career in that area.
But in the short term, possibly help alleviate some
staffing concerns. Question for Mr. Cramer, you have previously
had high school and college age poll workers and election
workers, correct? How did they perform?
Mr. Cramer. They are amazing. They bring a fresh breath of
air to the polling places. Our lead poll workers love when they
see high school students and college students participating.
One of the things we see is then they continue serving
after they have done it once. That is the remarkable thing
about bringing young kids into the process. Then in South
Carolina, you can serve as young as 16.
They get really conflict resolution. They are able to do
team building. This is a really great resume builder. I look
forward to actually working with the College of Charleston. We
have the EAC grant money that we are going to introduce some
programing through that, so we are excited.
Senator Padilla. Secretary Benson, is this something you
can adopt or expand on in Michigan?
Ms. Benson. Well, Senator Padilla, you know, we are already
doing this in Michigan.
[Laughter.]
Senator Padilla. Softball. It is called a softball.
Ms. Benson. But, yes, I mean, I am grateful for my
colleague in South Carolina, for his leadership. But truly
partnerships and Make Democracy Work, and it is a team sport.
We welcome, you know, people of all backgrounds, left, right,
and middle serving as election workers. It is a great way to
see just how secure our system is.
Senator Padilla. Thank you. Thank you, Madam Chair.
Chairwoman Klobuchar. Thank you very much. Senator Ossoff,
and then the ever patient Senator Butler. Senator Ossoff.
Senator Ossoff. Thank you, Madam Chair. Thank you, Senator
Butler. Thank you to the panel. Secretary Benson, the former
President called Georgia Secretary of State, and this is in the
immediate aftermath of the 2020 election and said, ``so, look,
all they want to do is this, I just want to find 11,780 votes,
which is one more than we have.'' You ever gotten a call from a
Presidential candidate asking you to find precisely the number
of votes they need to win the election?
Ms. Benson. No, I have never gotten a call from any
candidate for any race asking for such a--making such an
inappropriate request of an election official.
Senator Ossoff. How about you, Secretary Allen. Have you
ever gotten a call from a candidate asking you to find
precisely the number of votes they need to win?
Mr. Allen. I have not received a telephone call.
Senator Ossoff. Does it strike you as proper?
Mr. Allen. Excuse me?
Senator Ossoff. Does it strike you as proper?
[[Page 27]]
Mr. Allen. No. Listen, it--I can only take care of what we
have in Alabama.
Senator Ossoff. The question is, does it strike you as
proper for the President of the United States to call a State
Secretary of State and ask them to find the exact number of
votes they need to win the state?
Mr. Allen. I do not know exactly what he meant by finding
those votes, but I was not Secretary at the time----
Senator Ossoff. Secretary Allen, does it strike you as
proper for the President of the United States to call a State
Secretary of State and ask them to find precisely the number of
votes they need to win, yes or no?
Mr. Allen. I can tell you that as Secretary in Alabama, I
am going to follow the law that Alabama Legislatures laid out
for me to follow when administering the elections.
Senator Ossoff. Your fear answering that question does not
inspire confidence. Let me ask you, Secretary Benson, about the
intimidation of election workers. You had noted legislation
that I am introducing this week, the Election Worker and
Polling Place Protection Act.
It would create criminal penalties for threats of violence
to intimidate voters or election officials. Appreciate you
expressing support for the legislation. What effects do threats
on election workers and efforts to intimidate election workers
have on election administration?
Ms. Benson. I mean, not only does it cause us to fear going
to work and feel even though we do important work and do it
with pride, that somehow there are people who wish to harm us,
our staff, or our families for simply doing our patriotic duty.
But in addition to that, it makes it a lot harder for us to do
that duty.
It makes it--it takes us away from the actual work of
administering elections every time we need to issue protections
or think about our own safety. I think, and I could say,
speaking with our election workers, having a very clear
statement in the law that it is not okay, that it is a crime to
threaten us in our workplace for simply just doing the job of
making elections work for everyone.
It is long overdue to see that federal legislation passed,
and I can say with experience of passing similar legislation in
Michigan, it goes a long way to send a message that type of
behavior is not approved or appropriate in our state.
Senator Ossoff. Mr. Cramer, what do you think? What is the
impact on election administration when there are threats and
intimidation of election workers, which as we saw in 2020, or
we saw in Georgia--in fact, I would note, Madam Chair, the
Republican election officials in Georgia were begging, begging
in public that the former President cease spreading baseless
conspiracy theories about the theft of the election in Georgia
because it put lives at risk. What is the impact, Mr. Cramer,
on the capacity of election workers to do their jobs when they
face those kinds of threats and when those threats are based
upon baseless conspiracies about election fraud?
Mr. Cramer. It is keeping the good people still running
elections for this country. In South Carolina, we are losing a
wealth of knowledge, hardworking, professional men and women
who serve
[[Page 28]]
this country by performing this duty. They are leaving. That
wealth of knowledge leaving is a bad thing for the United
States.
These are people who swear to uphold the Constitution of
the state and of the United States. No, it is a bad thing, and
it is one thing that I actually, when asked, what keeps me up
at night, it is this protection of these workers. When they
wake up in the morning and they get a threat to their safety,
that concerns me. It should concern everyone.
Senator Ossoff. Thank you, Mr. Cramer. Ms. Nelson, in
Georgia in the aftermath of a 2020 election--by the way, I want
to note there is a lengthy Op-Ed that was written by a guy
named Ken Block.
He was hired by the Trump campaign to find fraud in
Georgia. Found none and wrote a lengthy editorial about how he
found none and the impact of these conspiracy theories.
Nevertheless, on the basis of those conspiracy theories, the
Georgia State Legislature passed a law that, for example, cuts
the available time for runoff elections in half, driving up
wait times in runoff elections. What is the impact of that kind
of policy on ensuring access to the ballot for all eligible
voters?
Ms. Nelson. Well, Georgia passed a very harmful omnibus
voter suppression law. What it does is exacerbates the issues
that Black voters in particular face, like long lines.
We know that Georgia has a very, very, horrible reputation
for disproportionate lines that Black voters face. We know that
part of their law attempted to actually prevent people from
providing basic sustenance to those people who have to wait in
disproportionately long lines, like water and snacks.
We were fortunate enough to be able to beat back part of
that law and some of the other aspects of that law that would
have disenfranchised many Black voters. But good portions of
that law still exist. We know that we have to redouble our
efforts in order to have a fair shot at casting a ballot in the
upcoming elections.
Senator Ossoff. I believe the research is six times longer
waiting in line for Black voters in Georgia. Thank you, Ms.
Nelson. Thank you all for your testimony.
Chairwoman Klobuchar. Thank you, Senator Ossoff. Senator
Butler.
Senator Butler. The gift of being number 100. Thank you----
Chairwoman Klobuchar. I remember that time you went first
on this Committee.
[Laughter.]
Senator Butler. I totally did. That is why I say it works
in all kinds of ways, and particularly depending on your Chair.
Definitely appreciate you all for your testimony and for being
here. Ms. Nelson, if you would not mind, would love to start
with you. You have submitted in your written testimony the
challenges that the LDF, sort of at worst facing and working
with--in Hinds County, Mississippi--Jackson.
In particular, I think there was some specific data that
you shared in that written testimony saying that Hinds County
is approximately 70 percent Black, experienced extensive ballot
shortages during the 2023 Mississippi statewide election.
[[Page 29]]
Now, this was one of the first times, in my recent memory
as a Mississippian that there was a competitive Governor's
race. There was not an opportunity for Mississippi to elect
their first Democratic Governor in, again, very long time. But
you at your written testimony also noted that there were up to
nine polling locations in Hinds County that ran out of ballots
multiple times during Election Day.
Some of them before 12:00 noon. Now, I know that LDF was a
part of some investigative work and steps to help to find out
in Hinds County what went wrong in efforts to offer that--those
learnings to other advocacy organizations across the state, and
across the country and those who are doing that work.
Can you just share with the Committee, quickly, what you
learned from the investigation of what--your investigation of
what happened in Hinds County?
Ms. Nelson. Sure. Some of it is still ongoing. In fact, you
know, I mentioned the elections in Mississippi today.
Unfortunately, we did not get an answer before today's
election as to whether there was any threat of ballots running
out, again, based on what we learned in the previous election.
We are still investigating that.
That is why we have people on the ground, and that is why
we are documenting in a new report, Democracy Defended, all of
the different incursions on the right to vote that we are
finding, so that there is a record that can support the federal
legislation that we are here to demand Congress pass.
The suggestion that there are no modern conditions that
should give rise to federal intervention is just patently
false. The work that we do, along with our civil rights
colleagues, every election on the ground, establishes that
record to support federal legislation like the Freedom to Vote
Act and the John R. Lewis Voting Rights Advancement Act.
Senator Butler. Thank you, Ms. Nelson. Mr. Allen, I
actually had the pleasure of being down in Alabama just a week
ago.
Being on the campus of Alabama State University, as a
Member of this body conducting a field hearing in Alabama,
talking to Alabama voters about just that point, the modern
discrimination that Alabamians are experiencing and that we are
seeing happen across the country, I would like to actually
instead of landing there--you said something in your testimony
just a few minutes ago in response to an earlier question and I
would love to just press on just a little bit to understand
more.
You made mention of some HAVA funds, you said that your
office uses to get mapping software for counties and
municipalities. Am I just--am I capturing that accurately?
Mr. Allen. It is for the county boards of registrars.
Senator Butler. That is really helpful because I noted that
just earlier this month, there is 6,000 voters in Alabama's
newly drawn second congressional district that received
election postcards listing incorrect voter information.
I appreciate that your office has said before that you were
not involved in sending out those postcards. Can you talk a
little bit about the intersection between the challenges of
Alabama voters not getting the correct information, the tools
that you say that your
[[Page 30]]
office helps to provide and facilitate for county elections,
and why you think that your office had nothing to do with
voters in Alabama getting the incorrect information for their
polling location?
Mr. Allen. Sure. It is up to the boards of registrars in
every county to make sure that the voters are placed in the
correct district. It is not the Secretary's role or the
Secretary's Office's role to conduct any of the voter
assignments. That is solely left up to the county.
All the Southern Poverty Law Center had to do was to place
a phone call to us and we could have made sure we got on the
telephone with the county in question to make sure we got it
right.
But instead, what they chose to do was to send out a press
release that Monday afternoon before the primary, which
caused--introduced confusion and introduced chaos right before
the primary election.
You know, it was something that was not appreciated by my
office. You know, open communication would have been, I think
would have been best for the day to do that, but it was on
Montgomery County and those boards of registrars to make sure
they had those voters in the correct district and make sure
that everyone was in the correct precinct.
Everyone that voted on Election Day got the correct ballot.
I want everybody to understand that they got the correct ballot
to vote in Congressional District 2.
Senator Butler. Thank you, Secretary Allen. I find it
interesting, and I will--I know there is another Senator
waiting. I find it interesting that the response goes to what
an advocacy group was doing or not doing in Alabama, in SB1.
Those very same advocacy groups are prohibited from
actually helping people get the information that they need. I
find that an interesting contradiction, but thank you. I yield
my time, Chairwoman.
Chairwoman Klobuchar. Okay. Senator Bennet.
Senator Bennet. Thank you, Madam Chair. Thank you for
holding this hearing. To all of you, thank you for your
willingness to be here today to testify. Secretary Benson, I
had a couple questions for you, if that is okay.
We heard yesterday on the Intelligence Committee from
leaders of the intelligence community the not very surprising
news about the continuing threat that social media platforms
pose to our democracy.
Every single one of these platforms, I think, virtually has
been used to spread election related disinformation, not just
here, but all around the world, sometimes to a violent and
deadly effect. In the lead up to the 2022 elections, online
mentions of voter fraud just absolutely skyrocketed.
In 2020, we saw our fellow citizens storming the Capitol,
which is well known, to save an election that had not been
stolen. Their rage amplified by relentless algorithms that were
engineered really for profit to sell advertising not for the
sake of our democracy.
Certainly in 2016, it is well-established, this is not a
political view that, Vladimir Putin interfered with our
election, as he has repeatedly with elections in other
countries around the world, here playing both sides of every
single issue with 10 million tweets.
[[Page 31]]
No, that is not an exaggeration, to quote Joe Biden, that
is the reality of what was happening there. I think, you know,
there is a lot going on, as the Chair knows, today on TikTok
and in the Capitol.
I do not want to get distracted by that today, except to
say probably good things are not going to happen if one of the
sources of major information in terms of our electoral process
is coming from a platform that is controlled by the Chinese
Communist Party. One can imagine that that is going to end in a
bad way for the United States.
I think it would be really self-defeating of us to assume
that happened in 2022, and in 2020, and in 2016, is not going
to happen again this year. You have stated that misinformation
is the top concern in 2024, even more than in 2020.
Could you talk a little bit about what national standards
you think we ought to be able to put in place to help safeguard
our elections from online information campaigns?
Ms. Benson. Thank you, Senator. Yes, we have been working
in Michigan to emphasize that there is a greater incentive than
ever before for foreign actors to interfere with our elections.
The mechanism through which they will interfere is to try
and to deceive our voters. Particularly with this being a first
election in which artificial intelligence is on the rise as an
evolving threat, we believe that will be one of the more likely
tactics that they will utilize, particularly through social
media and elsewhere.
I do think, first and foremost, for the Senate to pass
Senator Klobuchar's bill against deceptive practices with AI
will be key to helping every state be prepared. We have state
legislation.
We are one of six states that have passed state legislation
to that effect. But secondly, I would argue that as I often
say, democracy is a team sport. These statements saying what is
okay and what is not, what is illegal and what is not with
regards to deception and elections is one piece, but it is not
the whole piece of the puzzle.
We also have to equip trusted voices, faith leaders,
business leaders, community leaders, labor leaders, and many
others, which we are doing in our state, and I think we need to
do nationwide.
I think every Senator could be a convener of these trusted
voices to equip them with truthful information about our
elections, help us to get that out ahead of the misinformation
hitting our states, and that will help us to ensure voters do
not get fooled because they have already been educated ahead of
time about the truth in our elections and where to get trusted
information if they need more.
Senator Bennet. I have got one minute left. Can I ask one
more question quickly, Madam Chair? Is that all right? Thank
you.
Next week, as you know, the Supreme Court is going to hear
the case of Murthy vs. Missouri, which addresses a district
court decision preventing the Federal Government from
communicating with social media companies about the content on
their sites. This decision, the lower court decision has had a
disastrous effect on our ability to combat foreign influence
operations and protect the integrity of our elections.
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It affects the government's ability to coordinate with the
platforms, you know, on public health information that
threatens to undermine the efforts undertaken across multiple
Presidential Administrations to hold the platforms accountable
for their own--you know, to have their own sets of policies.
The Washington Post has reported that the Federal
Government has basically stopped warning some platforms about
foreign disinformation campaigns altogether. As a result of
that, legal experts have called the injunction strikingly
broad.
They have pointed to flaws in its logic, its confuse legal
arguments, and the alarming conclusions it draws about the
Federal Government's role. But I just wonder how you are
navigating these challenges, in this changing legal environment
when it comes to communicating with platforms and the, you
know, the clear and present danger to Michigan's elections.
Ms. Benson. It is difficult. Certainly, the court ruling
makes it a lot more challenging to collaborate, with social
media companies that have an important role to play in
protecting their users from deceptive tactics and
misinformation.
We will be eagerly awaiting the outcome of that particular
case. But in the interim, working with citizens to help them
become critical consumers of the information they do receive,
helping them understand the way in which the misinformation
causes chaos, and confusion, and disruption to our elections
has been our focus, so that we can empower the citizens in our
state to spot the deepfakes, to spot people trying to fool
them, to spot the bad information on social media, and not only
not send it or forward it, but instead respond with truthful
information to help us counter that in every way in our state.
Senator Bennet. Thank you. Thank you, Madam Chair. Thank
you again to everybody on the panel.
Chairwoman Klobuchar. Well, thank you very much. Thank you
all our witnesses for a very good hearing. I am grateful to the
election officials here today and for your work to ensure our
elections are administered securely and safely.
I also want to thank Ms. Nelson for her continued work to
ensure equal access on the ballot, and I look forward to
continuing our work on this Committee to support election
officials and protect our free and fair elections.
The hearing record will remain open for one week. With
that, we are adjourned. Thank you.
[Whereupon, at 4:47 p.m., the hearing was adjourned.]
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