MINORITY VIEWS OF SENATOR WYDEN
(U) The role of the federal government
(U) The Committee report describes Russian attacks on U.S. election infrastructure in 2016 and lays out many of the serious vulnerabilities that exist to this day. These vulnerabilities pose a direct and urgent threat to American democracy which demands immediate congressional action. The defense of U.S. national security against a highly sophisticated foreign government cannot be left to state and county officials. For that reason, I cannot support a report whose top recommendation is to "reinforce[] state's primacy in running elections."
(U) Congress's constitutional role in regulating federal elections is well-established. In response to an inquiry from the bipartisan leadership of the U.S. Senate, the General Accounting Office (GAG) wrote that "[w]ith regard to the administration of federal elections. Congress has constitutional authority over both congressional and presidential elections."[1] Indeed, pursuant to the Elections Clause of the U.S. Constitution,[2] Congress's authority over congressional elections is "paramount to that of the states." As the GAG report details. Congress has repeatedly passed legislation related to the administration of elections on topics such as the timing offered elections, voter registration, absentee voting requirements, disability access, and voting rights.
(U) If there was ever a moment when Congress needed to exercise its clear constitutional authorities to regulate elections, this is it. America is facing a direct assault on the heart of our democracy by a determined adversary. We would not ask a local sheriff to go to war against the missiles, planes and tanks of the Russian Army. We shouldn't ask a county election IT employee to fight a war against the full capabilities and vast resources of Russia's cyber army. That approach failed in 2016 and it will fail again. The federal government's response to this ongoing crisis cannot be limited offers to provide resources and information, the acceptance of which is voluntary. If the country's elections are to be defended. Congress must also establish mandatory, nation-wide cyberseeurity requirements.
(U) Security of voting machines
(U) Experts are clear about the measures necessary to protect U.S. elections from cyber-manipulation.[3] Absent an accessibility need, most voters should hand-mark paper ballots. For voters with some kind of need, ballot marking devices that print paper ballots should be available. Risk-limiting audits must be also be required. Currently, however, only Virginia, Colorado and Rhode Island meet these requirements."[4] These critical reforms must be adopted
- ↑ "Elections. The Scope of Congressional Authority in Election Administration," General Accounting Office, March 2001, prepared in response to a joint inquiry from Senator Trent Lott, Republican Leader; Senator Tom Daschle, Democratic Leader; Senator Mitch McConnell, Chairman, and Senator Christopher Dodd, Ranking Member, of the Senate Committee on Rules and Administration.
- ↑ Article I, Section 4, Clause 1
- ↑ Securing the Vote; Protecting American Democracy; National Academy of Sciences, Engineering and Medicine, September 2018
- ↑ National Conference of State Legislatures, Post-Election Audits, January 3,2019. Verifiedvoter.org. The Verifier Polling Place Equipment-November 2018. Oregon requires paper ballots and the Oregon State Senate has passed a bill requiring risk-limiting audits.
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