The United States is at risk of serious foreign intervention and disinformation in the 2020 elections. When asked during his testimony to the House Judiciary Committee whether Russia could interfere in the 2020 elections, Robert Mueller responded that they are “doing it as we sit here.” The very next day, the Senate Intelligence Committee reported that “the Russians had attempted to intrude in all 50 states” during the 2016 election. A blog post by Brookings Institution Fellow Margaret Taylor furthermore shows that our European allies have experienced similar Russian activities over the last few years in their national elections, the Brexit campaign, and European Union parliamentary races. Even as the scope of Russian intent and ability becomes increasingly clear, Senate Republicans have done nothing to address this problem.
It is not as if there aren’t good ideas to protect American elections. Four major pieces of election security legislation have been introduced over the last two years: the Secure Elections Act (introduced by Senators James Lankford (R-OK) and Amy Klobuchar (D-MN)); Defending American Security from Kremlin Aggression Act (introduced by Senators Lindsey Graham (R-SC), Bob Menendez (D-NJ), Cory Gardner (R-CO), Ben Cardin (D-MD), and Jeanne Shaheen (D-NH)); Defending Elections from Threats by Establishing Redlines Act (Senators Marco Rubio (R-FL) and Chris Van Hollen (D-MD)); and Securing America’s Federal Elections Act (introduced by Representative Zoe Lofgren (D-CA19)).
As noted below, the bills demonstrate relative bipartisan agreement over several key remedies. A number of members have proposed providing additional funding for the Election Assistance Commission, sharing election security expertise with the states, providing paper ballot backups of electronic voting systems, sanctioning financial institutions that support foreign interference, authorizing retaliatory actions against any nation interfering in American elections, and requiring intelligence agencies to determine whether any foreign agents interfered in American elections. A version of these ideas already has been approved by the U.S. House of Representatives on a 225 to 184 vote, but has been repeatedly blocked from a Senate vote by Senate Majority Leader McConnell (R-KY). Calling the bill “highly partisan,” McConnell blocked a unanimous consent vote on the bill just hours after Mueller’s testimony.
This Senate inaction brings to mind Albert Einstein’s infamous definition of insanity as repeating the same behavior but expecting a different outcome. With no beefing up of election defenses and high odds of continuing foreign interference, 2020 will likely see the same problems of 2016: campaigns that sow discontent and play on societal divisions, active efforts to undermine electoral legitimacy, and widespread public doubts following the campaign about the integrity of the election process itself. Americans will wake up on Wednesday, November 4, 2020 wondering how the U.S. electoral process again fell prey to foreign interference and why political leaders failed to defend our vital democratic processes.
Providing additional funding for the Election Assistance Commission
In looking across the proposed bills, there are a number of promising ideas designed to secure U.S. elections. One of them advanced in the Secure Elections Act is the creation of an Election Assistance Commission grant program that provides funding for states and localities to secure electoral processes and upgrade equipment. The idea is that since elections largely are administered at the state and local level, additional funding for those entities would enable them to update their equipment, install the latest cyber-security protections, and make sure that vital infrastructure is protected during the election.
Sharing election security expertise
Several of the proposed bills give the U.S. Department of Homeland Security (DHS) a major role in advising the states, offering them technical expertise, and being proactive in dealing with possible cyber-threats. Since this department works to counter terrorism and maintain vital infrastructure, the department has expertise to evaluate hardware and software for cyber-security risks. Armed with that information, it could provide help to state and local agencies charged with administering the upcoming elections.
Providing paper ballot backups of electronic voting systems with an audit trail
A number of local jurisdictions have moved to electronic voting machines in recent years, although in most cases, this equipment is not connected to the internet in order to minimize opportunities for hacking. However, there still could be software bugs that distort the vote or systematically under-count certain areas. Given that possibility, it is important to have paper ballot backups of electronic voting systems and the possibility of conducting an audit if any irregularities are spotted. That way, voters can feel confident their votes will be counted and there are mechanisms to evaluate the vote in case anything is contested.
Sanctioning financial institutions that support foreign interference
The Defending American Security from Kremlin Aggression Act establishes financial sanctions that could be applied against countries, financial institutions, or individuals that “facilitate illicit and corrupt activities, directly or indirectly, on behalf of Putin.” The idea is that Russians could be discouraged from malicious behavior if they think there will be serious consequences.
In addition, the bill “would give prosecutors additional authorities to pursue federal charges for the hacking of voting systems and create a National Fusion Center to respond to hybrid threats of disinformation and other emerging threats from Russia”. There are provisions that specifically would impose sanctions for “Russian interference in democratic processes.”
Authorize retaliatory actions against any nation interfering in American elections
The Defending Elections from Threats by Establishing Redlines (DETER) Act would allow the President to impose sanctions against any country identified as a threat. Among the actions that could invite retaliation “include a foreign government or agent purchasing political advertisements to influence an election” or “using social media to spread false information, hacking and releasing or modifying election- or campaign-related information or hindering access to elections infrastructure, such as websites for polling places.”
Requiring intelligence agency leaders to determine whether any foreign agents interfered in American elections
The DETER Act would mandate that the director of national intelligence determine within 30 days of the national election whether “the government of a foreign country, or any person acting as an agent of or on behalf of that government, knowingly engaged in interference in the election.” Under threat of sanction, foreign agents specifically would not be allowed to “spread significant amounts of false information to Americans. They also cannot hack, leak or modify election and campaign infrastructure, including voter registration databases and campaign emails.”
Why the Senate inaction in the face of a clear foreign danger?
A number of arguments have been made to justify the votes of those who opposed the House bill or are supporting Senate inaction. One is a state’s rights argument suggesting that the federal government should not have a major role in electoral security given the country’s history of state and local control of balloting. While it certainly is important to maintain state and local control of elections, providing federal assistance to upgrade voting machines does not violate existing legal or constitution provisions. There is a long history of the federal government paying for voting equipment and offering technical assistance. Many states lack funding for voting machines and the federal government often has funded upgrades and improvements. There is ample precedent for national authorities to protect vital infrastructure in the face of foreign threats.
Another rationale concerns the financial cost of electoral security. The idea is at a time when America is running a trillion-dollar budget deficit, it should avoid unnecessary expenditures. Rather, lawmakers should focus on vital priorities and critical infrastructure. Yet electoral security should fall within each of those principles. Having secure elections is essential to democracy. There is no excuse for not spending several hundred million dollars (a very small portion of the overall federal budget) on meaningful steps to protect American elections. Democracy is too important to be risked for a relatively small amount of money.
Short of these criticisms, it is hard to see any justified reason not to enact some type of electoral security measures. As is clear to all who study American elections and have heeded the warnings of our European allies, the intelligence community, and the Special Counsel—the Russian threat is real. Given these dire circumstances, it is difficult to fathom why Senate leadership is refusing to allow a vote on such important legislation, and therefore risking the integrity of the democratic process. Americans should demand Senate action to protect U.S. elections from foreign interference.