/1 TX SB 1, passed yesterday, is indeed one of the least-justified laws passed in service to the Big Lie, but as many focus on the unnecessary provisions that restrict early and mail voting, there are several other aspects of the law that raise greater concerns for me.
/2 While TX is one of the least secure states for voting, due to it having the largest number of digital, non-paper ballots, and no effective audit requirements, SB 1 does nothing to address those deficiencies.
/3 In fact, SB 1 has an audit section requires "random" audits in only 4 of TX's 254 counties each election (which isn't a random audit). And you cannot conduct an effective audit without paper ballots. Best practices require a random statewide audit of the paper.
/4 But worse is what is IN SB 1. The bill injects unnecessary chaos into the election process, and criminalizes and restricts professional election administration by those most knowledgeable about the process and their voters - the election officials.
/5 SB 1 empowers partisan poll watchers to roam anywhere around the polling place, potentially interfering with the voting process and intimidating voters, and severely restricts, and even criminalizes, efforts by election workers to restore order.
/6 Particularly since SB 1 concentrates more voting on Election Day in polling places, and creating more of a potential for a single point of failure, this injection of chaos into the voting process is potentially disastrous, far beyond what's permitted in other states.
/7 SB 1 further criminalizes many efforts by election officials to make it easier for voters, or to provide them with information about their options, like an application for a mail ballot. Penalties for these public servants include large fines and jail time.
/8 This penalizing professional election administration by public servants is a trend in other states passing laws based on the Big Lie. @ElectionInnov is working on this, and will have a major announcement about this next week, so stay tuned.
/9 Oddly, SB 1 also opens the floodgates of litigation, providing for a private right of action on even the most minor of perceived deviations, and allowing for atty's fees. These petty lawsuits are likely to clog courts when they're needed for real election disputes.
/10 Without justification, SB 1 also creates a two-tiered and arbitrary system of req'ts of some of its provisions. Some provisions only apply to counties with 55K+ residents, others to 100K+, and others to 250K+. No idea whether equal protection issues were considered.
/11 Finally, SB 1 requires the TX SOS to promulgate a slew of new rules and regulations, and enforce a ton of new provisions. The only problem here -- TX SOS office is currently vacant, and there's no indication of if a new appointment will be made.

sos.state.tx.us/about/sosbio.s…
/12 TX SB 1 is a master class in how NOT to pursue election policy. NO consultation with election officials. NO bipartisanship. It fails to address the major security weakness in TX elections (digital ballots), and creates greater risk of chaos and lines on Election Day.
/13 As TX concentrates more voting on Election Day, and encourages chaos at polling locations, while failing to require paper ballots and effective audits, it is safe to say that TX has reduced the integrity of its election system, and remains among the least secure states. /END

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More from @beckerdavidj

13 Sep
THREAD/ This is a great question. How do we know that the 2020 election was the most secure, verified, and transparent election in US history? I've answered it many times, but I don't mind answering it again. Please read below. /1
2020 had the most auditable paper ballots cast in modern American history. ~95% of all ballots were cast on auditable paper, including ALL the ballots in ALL the swing states. /2
GA, NC, PA, VA - ALL paper in 2020, compared to all or most ballots in those states being digital, unauditable ballots in 2016. In fact, only 75-80% of all ballots cast in 2016 were auditable paper ballots. /3
Read 14 tweets
13 Jul
Those who have fallen prey to the scam that there were "stacks of affidavits" should read this eye-opening report on yesterday's hearing in MI to sanction Trump's attorneys. /1
washingtonpost.com/politics/sidne…
The original case sought to "disenfranchise the votes of the more than 5.5M MI citizens who, with dignity, hope, and a promise of a voice, participated in the 2020 Election,” with “nothing but speculation and conjecture that votes were destroyed, discarded or switched.” /2
"The affidavits filed to support claims included obvious errors, speculation and basic misunderstandings of how elections are generally conducted. “There’s a duty that when you’re submitting a sworn statement that you have done some minimal due diligence,” Judge Parker said." /3
Read 9 tweets
22 Jun
Important analysis of the ongoing AZ review of ballots, from two real election experts, @KYTrey and @bcburden:

"Because it lacks the essential elements of a bona fide post-election analysis, the review will not produce findings that should be trusted."

statesuniteddemocracy.org/resources/repo…
"The ongoing review of ballots from the November 2020 general election in Maricopa County as ordered by the Arizona State Senate and executed by their inexperienced, unqualified contractor, Cyber Ninjas, does not meet the standards of a proper election
recount or audit." /2
"The Cyber Ninjas review suffers from uncompetitive contracting, a lack of impartiality and partisan balance, a faulty ballot review process, inconsistency in procedures, an unacceptably high level of error built into the process, and insufficient security." /3
Read 4 tweets
27 Apr
The ongoing mess that is the AZ “election audit,” lacking any sense of transparency, conducted by an inexperienced, biased out-of-state firm, contaminating chain-of-custody and the ballots themselves, is not only a bad idea. It also likely violates federal law. /1
52 USC 20701 requires that election officials, and ONLY election officials, preserve all fed’l election records, including ballots, for at least 22 months after an election. This is to preserve evidence in case of a violation of voting laws. /2

law.cornell.edu/uscode/text/52…
@USDOJ’s Public Integrity unit has a manual on the Prosecution of Election Offenses. That manual is very clear about the responsibility to maintain the provenance of ballots and other fed’l election materials, and the penalties for failure to do so. /3

justice.gov/criminal/file/…
Read 11 tweets
26 Apr
FL SB90 just passed the Senate on nearly a pure party-line vote (23-17, with only 1 R voting "no"). This completely unnecessary bill fails to recognize the exceptional election FL just held, accessible to all with maximum integrity - a model for the nation. /1
Two provisions of particular concern.

Like GA, this bill outlaws giving "any item to a voter" waiting in line. Not water, not a sandwich, not a pen, not a book, not an umbrella. What this provision is fixing, and how it will be enforced, remains a total mystery. /2
SB 90 also severely limits drop boxes, which now can only be open during early voting hours, and must be staffed during that time. Voters who wish to return a mail ballot without relying on the USPS and work late, well, they're out of luck. /3
Read 5 tweets
26 Apr
Read this. "Critics in both parties charge that what began as a way to placate angry Trump voters has become a political embarrassment and another blow to the once-inviolable democratic norm that losers and winners alike honor results of elections." /1

nytimes.com/2021/04/25/us/…
"Hoping to head off a dispute, the supervisors hired two federally approved firms to conduct a forensic audit of the county’s voting machines. The audit concluded that the equipment had performed flawlessly." /2
The R senate leader stated “A lot of our constituents have questions about the validity of it. What else could we do to verify the votes were accurate.” She could start by telling the truth, and telling those voters that multiple audits confirmed the election was accurate. /3
Read 6 tweets

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