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Colorado Democrats1 look to crack down on insider election threats
Update on March 25: The controversial provision that would have barred those who oversee3 elections from knowingly or recklessly making false statements about the process has been dropped from the legislation.
Eight months after a Colorado clerk allegedly compromised her county's election machines while searching for proof of fraud in the 2020 election, Democratic lawmakers in the state want to make it illegal for those who run elections to do much of what she's accused of.
A new bill in Colorado would add more training requirements for election staff and officials, bar counties from copying voting machine hard drives without state permission, mandate4 full-time5 video monitoring of equipment and increase penalties for security breaches7.
The legislation would also ban anyone overseeing elections from knowingly or recklessly making false statements about the process.
The attempt to prevent insider threats and misinformation from further eroding8 public trust in elections has led to concerns about potential First Amendment9 violations10 and some to question the motives11 behind the entire effort.
"I don't think it's too much to ask to say, 'If you're running our elections you can't lie about our elections,' " said Democratic state Senate President Steve Fenberg, who is the main sponsor of the bill.
While the measure had been in the works for a while, it was officially introduced earlier this month, just two days after Mesa County Clerk Tina Peters was charged with breaching12 the security of her county's voting equipment.
In the words of the grand jury's indictment13, Peters and her deputy Belinda Knisley allegedly "devised and executed a deceptive14 scheme" to give an unauthorized person access to the county's voting machine hard drives and to sit in on a software update. Photos of passwords and copies of data were later leaked online by election conspiracy15 theorists.
Peters has called the charges "politically-motivated accusations16" by Democrats.
Clerks back increased training, security requirements
The sweeping17 legislation would require counties to store all voting equipment in a secure area only accessible by key card and under constant, year-round video surveillance. It also would ban anyone, even election office employees, from going into that area alone. Currently, cameras only have to be on for a set number of days around each election, and only on certain pieces of election equipment.
The proposal also aims to speed up the legal process when a potential security breach6 occurs. It would make it a felony to tamper18 with voting equipment or publish information like passwords, and would add whistleblower protections for employees who reveal misbehavior.
"It's important for Coloradans to hear ... that we won't stand for this kind of thing. Insider threats have no place in our elections," said Matt Crane, the head of the Colorado County Clerks Association and a former Republican county clerk.
Clerks from both parties overwhelmingly support the legislation, according to Crane. He noted19 it would expand training and certification requirements for election workers, clerks and certain employees within the secretary of state's office.
"I think what we saw in Mesa County was a low-information clerk, which made her susceptible20 to grifters and bad actors," said Crane. Peters did not have experience in elections administration before being elected clerk in 2018.
But despite broad support in the election world, it passed its first legislative21 hearing last week on a party-line vote.
"Seeing a bill like this being run immediately, in response to what happened in Mesa County, is troubling," said Republican Rep. Matt Soper, who represents most of the county in the House. "Quite frankly22 [it] angers me because I don't think we ought to be writing legislation for just one particular element that has occurred out in society, knowing that the law that's currently on the books has been playing out."
Soper said he's open to voting for the bill, if it's amended23 to address some of his concerns. But he also noted that it's hard for Republicans to embrace a proposal when Democratic Secretary of State Jena Griswold is championing it.
"She's made the office incredibly partisan24, and it didn't have to be that way," he said. "It makes the politics around this very difficult to vote for, even if reading through the bill there's a lot of things that Republicans and Democrats could agree with here."
Griswold is running for reelection and her fundraising emails have routinely highlighted her investigation25 of Peters, who also recently entered the race. She has also developed a national profile as a critic of Republican-led voting policies.
The Colorado GOP is already organizing against the legislation. At the same time the party leaders have asked Peters to suspend her campaign for secretary of state in the wake of the criminal charges.
Misinformation ban raises constitutional concerns
What's shaping up to be the most controversial element of the bill is a section that would ban those who oversee elections from knowingly or recklessly disseminating26 misinformation or disinformation about elections.
Peters has long maintained she was well within her authority to investigate what she came to believe was voter fraud in the 2020 election — doubts which she said started with simply trying to answer questions many of her constituents27 had.
"They just kept bringing it to me and bringing it to me," Peters told CPR last November. "I get emails and people wanting to meet with me. I tried to defend that we were, we had pure and fair elections."
Peters said she could no longer defend the system. "I can't unsee what I've seen and it's disturbing to me."
Peters has also participated in events and broadcasts hosted by prominent purveyors of false claims about the 2020 election, including Steve Bannon and Mike Lindell.
But for one prominent First Amendment attorney, this aspect of the bill is problematic, no matter what the motives of its backers are.
Steve Zansberg heads the Colorado Freedom of Information Coalition28. He also provides legal representation to members of the Colorado Broadcasters Association, including CPR. He said he wonders who would get to decide whether a statement was knowingly or recklessly false.
"It raises serious constitutional questions because of the ambiguity29 in how it could be enforced," said Zansberg. He added that it's "incredibly disconcerting" for the state to potentially use the things someone says as a condition and qualification for overseeing elections.
He said if lawmakers do pass this provision, it should require a high standard of evidence and a clear process for determining whether someone actually broke the law.
For supporters, though, the idea is just common sense. Sen. Fenberg told a Senate committee that he is fully30 aware that false information about election fraud will continue to spread on social media, talk radio and other platforms.
He said his bill isn't trying to curtail31 that kind of speech.
"That's why, in a lot of ways, our democracy is so great and frustrating32 and messy. But for people who administer the elections, there should be some basic standards," he said.
As effects of 2020 linger, Democrats move to pass new laws
This measure is part of a package of voting bills Democrats have introduced this session that they say are needed to respond to baseless claims around the 2020 election. Those include legislation to ban the open carry of firearms within 100 feet of voting locations, and a bill that would increase penalties for threatening and harassing33 election workers.
But Secretary Griswold said Colorado is the first state she knows of to propose this action on insider threats. She said she recently briefed other secretaries of state on the bill and hopes states across the country follow Colorado's lead.
"I do believe that we'll see further insider attacks, as a way to destabilize American elections and push disinformation. So every state should be getting ready for this evolving threat, " she said.
County clerks say public scrutiny34, and in some cases outright35 distrust, has increased their workload36 and the urgency they feel to make sure the public has a better understanding of how elections work.
Fremont County Clerk Justin Grantham, a Republican, said fighting disinformation in his conservative part of the state is more important than ever right now.
"It's like, come to the trusted source, come and talk to the person who is actually doing the job and not someone who wants to do the research on the internet," said Grantham. "And if you're not part of the process, you tend not to see the checks and balances you have in place in elections."
1 democrats | |
n.民主主义者,民主人士( democrat的名词复数 ) | |
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2 transcript | |
n.抄本,誊本,副本,肄业证书 | |
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3 oversee | |
vt.监督,管理 | |
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4 mandate | |
n.托管地;命令,指示 | |
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5 full-time | |
adj.满工作日的或工作周的,全时间的 | |
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6 breach | |
n.违反,不履行;破裂;vt.冲破,攻破 | |
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7 breaches | |
破坏( breach的名词复数 ); 破裂; 缺口; 违背 | |
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8 eroding | |
侵蚀,腐蚀( erode的现在分词 ); 逐渐毁坏,削弱,损害 | |
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9 amendment | |
n.改正,修正,改善,修正案 | |
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10 violations | |
违反( violation的名词复数 ); 冒犯; 违反(行为、事例); 强奸 | |
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11 motives | |
n.动机,目的( motive的名词复数 ) | |
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12 breaching | |
攻破( breach的过去式 ); 破坏,违反 | |
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13 indictment | |
n.起诉;诉状 | |
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14 deceptive | |
adj.骗人的,造成假象的,靠不住的 | |
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15 conspiracy | |
n.阴谋,密谋,共谋 | |
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16 accusations | |
n.指责( accusation的名词复数 );指控;控告;(被告发、控告的)罪名 | |
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17 sweeping | |
adj.范围广大的,一扫无遗的 | |
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18 tamper | |
v.干预,玩弄,贿赂,窜改,削弱,损害 | |
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19 noted | |
adj.著名的,知名的 | |
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20 susceptible | |
adj.过敏的,敏感的;易动感情的,易受感动的 | |
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21 legislative | |
n.立法机构,立法权;adj.立法的,有立法权的 | |
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22 frankly | |
adv.坦白地,直率地;坦率地说 | |
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23 Amended | |
adj. 修正的 动词amend的过去式和过去分词 | |
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24 partisan | |
adj.党派性的;游击队的;n.游击队员;党徒 | |
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25 investigation | |
n.调查,调查研究 | |
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26 disseminating | |
散布,传播( disseminate的现在分词 ) | |
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27 constituents | |
n.选民( constituent的名词复数 );成分;构成部分;要素 | |
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28 coalition | |
n.结合体,同盟,结合,联合 | |
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29 ambiguity | |
n.模棱两可;意义不明确 | |
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30 fully | |
adv.完全地,全部地,彻底地;充分地 | |
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31 curtail | |
vt.截短,缩短;削减 | |
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32 frustrating | |
adj.产生挫折的,使人沮丧的,令人泄气的v.使不成功( frustrate的现在分词 );挫败;使受挫折;令人沮丧 | |
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33 harassing | |
v.侵扰,骚扰( harass的现在分词 );不断攻击(敌人) | |
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34 scrutiny | |
n.详细检查,仔细观察 | |
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35 outright | |
adv.坦率地;彻底地;立即;adj.无疑的;彻底的 | |
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36 workload | |
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