On Election Day and Teachable Moments
By Justin Riemer, President, USGI, and Marshal Trigg, Junior Counsel, USGI
On Tuesday, millions of Americans in several states voted in contests ranging from governorships to local initiatives. The process went smoothly for most voters. But not everything went off without a hitch. A spate of bomb threats briefly disrupted voting in one Pennsylvania polling place and several in New Jersey, leading to an arrest and a court extending polling hours in Passaic County.
Then there were the unforced errors like in Chester County, Pennsylvania. Shortly after polls opened, election officials discovered they had omitted 75,000 unaffiliated and third-party voters—about 19 percent of the county’s electorate—from all poll books.
To their credit, county officials appeared to respond diligently by alerting the Department of State, deploying supplemental poll books, getting a court order to extend polling hours, and communicating their response to county voters and the public.
Poll workers also reportedly followed proper protocol by offering provisional ballots instead of turning voters away or letting them vote regular ballots. The county stated there were sufficient provisional ballots available, although some precincts ran out of provisional envelopes. The county reports that voters cast over 12,100 provisional ballots, certainly enough to strain local polling locations.
Overall, this was an orderly response, especially compared to another recent breakdown that occurred in Luzerne County in the 2022 election.
But the damage was done. Fixing a countywide error across 230 polling locations while voting is underway is a real challenge. It took until 3:45 p.m. to deploy all the supplemental poll books. Chester voters who dutifully showed up only to find their names missing were understandably unsettled by the inconvenience. And the incident was bound to feed suspicion, particularly given that the system error had categorically excluded certain voters on the basis of party affiliation (or lack thereof).
The error reportedly originated in the poll book extract, i.e., the database query that generates precinct-level voter lists. Somehow, that process only extracted voters registered with one of the two major parties, suggesting it may have been a setting used for primary elections.
Whether a software glitch, user error, or some combination of both, the issue was preventable. For instance, Alleghany County avoids such mishaps by conducting a “spot check” before printing paper poll books. This or other simple quality control processes would have likely caught the error. The incident also raises questions about why SURE, the state’s voter registration system, allows a county to extract an incomplete list in a general election open to all voters – or at the very least, why it wouldn’t display a warning message.
Chester also uses paper instead of electronic pollbooks (“e-poll books”). Fayette County’s experience on Tuesday shows that e-pollbooks do not necessarily guarantee accuracy. The county said the Pennsylvania Department of State sent it the 2024 voter file for use in e-pollbooks instead of the current 2025 data. E-poll books would have at least made it easier for Chester to provide supplemental lists to polling locations quicker than printing them.
Chester has committed to conducting a “detailed and comprehensive . . . investigation.” That’s a good start, but the review should be conducted independently and thoroughly examine all root causes, including any oversight lapses by the county election board and Department of State.
There’s a delicate balance between piling on and ensuring accountability. The latter doesn’t equate to discrediting our elections or election officials. These are consequential mistakes because they risk disenfranchising voters, eroding voter confidence, and providing fodder for conspiracy theorists.
Arkansas
The Secretary of State’s office found approximately 240 potential noncitizens listed on the state’s voter registration rolls after comparing the voter rolls with federal citizenship verification data. Letters have been mailed to the identified voters requesting proof of citizenship, and local election officials will be notified of the office’s findings.
California
The U.S. Department of Justice deployed poll monitors to polling locations in five California counties during Tuesday’s elections.
Voters on Tuesday passed Proposition 50 which amends the California Constitution to allow the legislature to adopt a new congressional district map for 2026 through 2030. Republicans sued the next day arguing the map is an unconstitutional racial gerrymander.
Georgia
In Chatham County, election officials reported that an unknown number of absentee ballots from a batch of 533 total processed by an out-of-state vendor were lost in the mail. The county sent replacement ballots to affected voters.
Hawaii
The bipartisan state elections commission voted 5-3 to request that the Legislature ban mail-in and early voting and return to in-person only voting on Election Day with an ID, while limiting absentee ballots to military families and voters with special needs.
Kansas
Attorney General Kris Kobach announced the filing of six felony counts against Coldwater Mayor Jose Ceballos: three counts for voting without being qualified and three counts for election perjury. The charges, which were announced one day after Ceballos was reelected, allege that he voted in Kansas elections despite not being a U.S. citizen. The Attorney General states that his office expects to find more illegally registered voters.
Maine
On November 4, voters rejected Question 1, a citizen initiative that would have mandated photo ID to vote and changed multiple absentee voting rules, including limiting drop-boxes and ending phone application requests. The measure was defeated by 63.9% to 36.1% of votes counted.
Incarcerated Mainers retain the right to vote via absentee ballot, the state being one of only two states to permit imprisoned felons to vote.
In Brewer, an “honest mistake” by a UPS employee resulted in 250 absentee-ballot packets for the November 4 election being sent to a private residence in Newburgh instead of the intended destination. The Secretary of State’s Office confirmed that one of two boxes delivered to the municipality of Ellsworth on September 30 was missing five packets (totaling 250 ballots) and noted that detectives retrieved the ballots from the town office in Newburgh. Because of the incident, the office announced it will no longer use UPS or the United States Postal Service for handling the remainder of the 2025 ballots.
Maryland
Governor Moore has announced the creation of a “Governor’s Redistricting Advisory Commission” to consider mid-cycle redrawing of the state’s congressional map ahead of the 2026 elections. The move comes despite opposition from the state Senate president.
The Annapolis City Council voted to table consideration of adopting ranked-choice voting, putting on hold discussion which had sought to introduce the alternative voting method for future municipal elections.
Montana
A new law requires voters using mail-in ballots to include their birth year next to their signature on the ballot envelope, and any ballots without that detail are subject to rejection. County election offices in Montana say that hundreds of ballots (over 700 in one county) are being flagged under the rule, and officials are ramping up outreach and cure efforts.
New Jersey
On Election Day, the Attorney General reported that multiple polling locations in seven counties were temporarily evacuated or redirected after receiving bomb threats. Law enforcement investigated and determined that the threats were not credible. The state cleared some polling places, while redirecting some voters to alternate polling locations, and allowing polling locations to remain open later.
The U.S. Department of Justice deployed federal election monitors to key polling sites in Passaic County during Tuesday’s election. The deployment follows the state Republican Party raising concerns about mail-ballot security and alleged prior irregularities. The New Jersey Attorney General called the deployment “highly inappropriate.” No incidents regarding the deployment were publicly reported on Election Day.
Ohio
Secretary of State LaRose has referred for review more than 1,200 potential election-related violations to the U.S. Department of Justice, including cases involving possible noncitizen registrations, double voting, and ballot-harvesting. The Secretary said he referred over 633 cases of suspected voter fraud to county prosecutors, with only 12 being prosecuted.
Secretary LaRose publicly endorsed Senate Bill 153, a proposal requiring proof of U.S. citizenship for voter registration. He also endorsed Senate Bill 293, which would require the receipt of absentee by election day, noting the change would align Ohio with about two-thirds of states.
As of November 4, Cuyahoga County reported that roughly 17,000 mail-in ballots (nearly 30% of those requested for the general election) had not been returned by Election Day. This would be its lowest return rate in ten years.
A candidate running for the Talawanda City Board of Education was removed from his role as a precinct election official after the board found he was working at a polling location in the same precinct where he was on the ballot. The candidate, who had previously served as a poll worker at that location for six elections, left the site promptly once notified of the violation. The Board of Elections noted the incident is under review and that it was implementing corrective procedures to prevent similar errors.
Oregon
Officials announced they will not pursue criminal investigations for individuals who cast ballots they were not eligible to vote. The elections director noted the cases were administrative mistakes by Oregon DMV workers who erroneously registered the voters.
Pennsylvania
Attorney General Sunday announced criminal charges against six canvassers and one field-director for submitting falsified voter registration forms ahead of the 2024 general election in multiple counties.
Cambria County election officials invited the public to a public testing event for voting equipment, where voters can fill out sample ballots and witness the tallying of results.
As noted above, in Chester County, a poll book extract error omitted third-party and unaffiliated voters, prompting use of provisional ballots, creation of supplemental poll-books, and an order to keep polling places open until 10:00 p.m. In Dauphin County, a bomb threat at a polling site caused about a 20-minute suspension of operations and turned away approximately 20 voters before reopening under county supervision.
In York County, election officials have implemented a new technology-driven system for over-the-counter ballot requests, and the results are striking. Previously, voters requesting ballots in person often faced wait times of 25-30 minutes. With the new system in place, wait times have fallen to around 5-10 minutes.
Three individuals were charged in a voter registration-fraud investigation in Monroe County after allegedly submitting false voter registration and absentee ballot applications in 2024. Officials say the alleged fraud involved forged signatures and fictitious information.
In Fayette County, the Department of State mistakenly sent the 2024 voter file to election officials instead of the updated 2025 file, causing some electronic poll books to incorrectly mark voters as having already cast a ballot. Officials switched to backup paper poll books once it discovered the error.
Tennessee
Secretary of State Hargett announced that his office identified 42 individuals flagged as possible noncitizens. Secretary Hargett said these cases will be referred to the FBI for further investigation and hailed the state’s use of the federal Systematic Alien Verification for Entitlements (SAVE) system to screen the electorate.
Texas
Voters approved Proposition 16 on November 4, adding a constitutional amendment that explicitly requires U.S. citizenship to vote in state and local elections.
In Nueces County, voters discovered that two constitutional amendment items, Propositions 14 and 15, appeared on the ballot out of their numerical order (jumping from 13 to 15, then back to 14). County officials acknowledged the error, explained it stemmed from a formatting issue that was not caught by the logic and accuracy testing board.
Wyoming
Over the past two years, the Secretary of State received 80 formal election-related complaints, with six (about 7.5%) alleging possible voter fraud. The bulk of complaints instead focused on errors or misconduct by election officials, campaign mailers, or improper campaigning.
Georgia
The State Election Board will meet on November 12 and the agenda includes a presentation on cybersecurity and an update on pending investigative matters in a report from the Secretary of State’s office. The State Election Board will also meet on December 9 and 10. The Board will consider proposed rules relating to the use of voting equipment during its December 10 meeting: Subject 183-1-12-.02 (Definitions).
Kentucky
The State Board of Elections has filed over 30 administrative regulations with the state’s Legislative Research Commission.
Michigan
Michigan has multiple pending rulemakings nearing completion. They include:
- 2025-13 ST: Voter Registration Cancellation, Challenge, and Correction
- 2025-14 ST: Use of Electronic Pollbook
- 2025-15 ST: Election Challengers and Poll Watchers
- 2025-52 ST: Disqualification from Ballot Based Upon Contents of Affidavit of Identity
Nevada
The Secretary of State’s Office is holding two in-person public meetings to receive feedback on its Elections Procedure Manual. The first meeting was scheduled for November 6 and covered Chapters 3 (Elections), 4 (Candidates and Campaigns), and 5 (Petitions). The second meeting will be held today (November 7) at 9:00 a.m., focusing on Chapters 6 (City Clerks), 7 (Election Security), and Appendix A.
Oregon
A proposed rule implements legislative mandates found in HB 4133 (2022) and requires the electronic voter registration system to allow a qualified person to complete and deliver a registration card electronically by providing the last four digits of their Social Security number and an image of their signature.
Washington
In accordance with HAVA, the rule amendments clarify that a voter who asserts the signature on a ballot declaration is not theirs prior to 8:00 PM on Election Day is entitled to vote a provisional ballot, and provisional ballots are subject to investigation per RCW 29A.60.195. The regulation previously entitled a voter to receive a replacement ballot.
Arizona
Santa Cruz County v. Audit USA, No. 2 CA-CV 2024-0328 (Ariz. Ct. App. Div. 2)
On October 20, the Arizona Court of Appeals issued a unanimous decision holding that a county may not preemptively sue a public-records requester simply for making a request, even when the county fears litigation. The county had preemptively brought litigation in an attempt to force the courts to determine whether cast vote records were a public record.
Heap v. Galvin, No. CV2025-020621 (Ariz. Super. Ct. Maricopa Cnty.)
On November 6, a state court denied Maricopa County Recorder Justin Heap’s petition to halt a third party audit of the county’s voter registration and IT systems. Heap had argued he was excluded from key decisions and that sharing sensitive voter-registration data with the third party group raises security concerns. The lawsuit, which was filed five months ago, arises from a dispute in Arizona’s largest county over who controls election infrastructure. A hearing on the merits is set for January 2026.
Arkansas
Democratic Party of Arkansas v. Sanders, No. 60CV-25-12782 (Ark. Cir. Ct. Pulaski Cnty.)
On October 31, a state court ordered that the special election to fill the vacant House District 70 seat must be held on March 3, 2026, rejecting the governor’s claims of complete discretion over setting special election dates. The court cited Arkansas law requiring a governor to fill a vacancy within 150 days unless this was “impracticable or duly burdensome.”
Evans v. Harrison, No. 12CV-24-209 (Ark. Cir. Ct. Cleburne Cnty.)
On October 30, the Arkansas Supreme Court struck down two state statutes governing the timeframe for county-level initiative petitions. The Court held that the laws conflicted with the Arkansas Constitution, which mandates that local initiative petitions be filed no earlier than 90 days and no later than 60 days before the election.
California
People of the State of California v. City of Huntington Beach, No. 30-2024-01393606-CU-WM-NJC (Cal. Super. Ct. Orange Cnty.)
On November 3, a state appellate court struck down Huntington Beach’s voter ID measure, finding it conflicted with state election law prohibiting cities from implementing voter ID requirements. The measure would have required city voters to show ID at the polls beginning in 2026.
District of Columbia
LULAC v. Executive Office of the President, No. 1:25-cv-00946 (D.D.C.)
On October 31, 2025, the U.S. District Court for D.C. permanently blocked the presidential directive requiring documentary proof of U.S. citizenship on the federal voter-registration form. The court cited separation of powers doctrine, stating that the U.S. Constitution assigns the regulation of elections to Congress.
Michigan
United States v. Benson, No. 1:25-cv-01148 (W.D. Mich.)
On October 30, 2025, the League of Women Voters of Michigan filed a motion to intervene in the federal suit in which the U.S. Department of Justice is suing the State of Michigan and Secretary of State Benson for refusing to turn over voter registration data.
Nebraska
State ex rel. Hilgers v. Wyss, No. __ (Neb. Dist. Ct. Madison Cnty. 2025)
On November 5, Nebraska Attorney General Mike Hilgers announced that the state had filed suit against Swiss national Hansjörg Wyss and six Wyss-backed entities, alleging violation of Nebraska’s 2022 statute that prohibits foreign nationals from making direct or indirect contributions to ballot question committees.
New Jersey
New Jersey Democratic State Committee v. Board of Elections of Bergen County, No. BER-L-7347-25 (N.J. Super. Ct. Law Div.)
On November 3, 2025, the New Jersey Democratic State Committee (NJDSC) sued the Bergen County Board of Elections after approximately 300 mail-in ballots submitted without the required inner secrecy envelope (i.e., “naked ballots”) were flagged for potential rejection.
Republican National Committee v. Burlington County Board of Elections, No. BUR-L-002476-25 (N.J. Super. Ct. Law Div.)
On October 24, the Republican National Committee sued the Burlington County Board of Elections, alleging violations of New Jersey’s Open Public Records Act (OPRA) and common-law right of access after officials refused to release video footage of ballot drop boxes and related chain-of-custody logs. The complaint can be found here.
New York
New York Republican State Committee v. State of New York, No. 2:25-CV-6083 (E.D.N.Y.)
On October 30, 2025, the New York Republican State Committee, joined by county and town governments and local elected officials, filed a federal lawsuit challenging a 2023 statute which moves most town and county elections in New York from odd- to even-numbered years.
Virginia
NAACP Virginia State Conference v. O’Bannon, No. 1:25-cv-01937 (E.D. Va.)
On October 31, 2025, the NAACP Virginia State Conference and the Advancement Project filed a federal lawsuit against state and local election officials. The complaint alleges that Virginia registrars are unlawfully rejecting voter registration applications from college students because the forms lack dormitory names, room numbers, or campus mailbox details. The lawsuit contends these omissions are immaterial under federal law.
Wisconsin
Cerny v. Wisconsin Elections Commission, No. 24-cv-1353 (Wis. Cir. Ct. Waukesha Cnty.)
On October 31, a state court granted a stay of the same voter verification requirement the court had ordered just a few weeks earlier. The October 3 order had directed the Wisconsin Elections Commission to verify the citizenship status of all registered voters in the state, and to halt accepting any new voter registration applicants without citizenship verification. The Wisconsin Department of Justice asked the court on October 6 to suspend the decision pending a statewide election in February.
The administration is pursuing a plan to launch a national online version of the federal voter-registration form, which would include identity verification and citizenship checks via the U.S. Department of Homeland Security before forwarding registrations to states. State election officials have voiced concerns, citing potential conflicts with their election laws and data-privacy obligations, although EAC Chairman Don Palmer noted the existing form would remain available.
The Department of Homeland Security has proposed expanding its Systematic Alien Verification for Entitlements (SAVE) to include Social Security and driver’s license data for potential citizenship verification of voters. A copy of the applicable Federal Register notice is available here.
A new article highlights how Virginia election officials emphasize that while the technical mechanics of elections, including accurate voter rolls, risk-limiting audits, and poll-worker training are essential, the real challenge lies in maintaining public trust. It calls on leaders across the political spectrum to visibly endorse the non-partisan “Principles for Trusted Elections,” and argues that credible elections depend not only on process integrity but also on broad perception that the system is fair and transparent.
An opinion piece by John Hendrickson and Hans von Spakovsky in The American Spectator argues that Iowa’s current primary and caucus system protects parties’ associational rights and that proposed changes such as a “top two” or approval voting system would undermine political parties and blur candidate affiliation.
This piece from the Center for Democracy & Civic Engagement (CDCE) explores the challenge of tracking which eligible Americans cannot easily access required identity or residency documents, such as birth certificates or government-issued IDs. It claims that proposed rule changes requiring documentary proof of citizenship for voter registration would risk imposing serious barriers on these individuals.
In a recent episode of the American Enterprise Institute’s The Voting Booth, co-hosts John Fortier and Don Palmer are joined by Justin Riemer, President and CEO of USGI and Restoring Integrity and Trust in Elections (RITE) to discuss timely voting topics including litigation.
America First Policy Institute recently held a roundtable on election security.
An essay published by Derek Muller in the NYU Law Democracy Project titled “America’s Recount Addiction” argues that sweeping recount laws are overused, rarely change election outcomes, and impose heavy costs while delaying results and dampening public trust. Muller recommends that states limit automatic or candidate-requested recounts to extremely narrow margins (e.g., 0.1 % or 10 votes), make them automatic instead of candidate-driven, and require them to follow the same counting method used initially.
The Virginia State Board of Elections has scheduled a Board Meeting for December 1 when it will certify the recent election results and discuss general business of the board.