Doug Bock Clark

NC Supreme Court candidate wants military absentee votes tossed — but years earlier, that’s how he voted

As a member of the Army National Guard in 2019 and 2020, Jefferson Griffin voted in North Carolina elections using military absentee ballots.

Now, as he seeks to overturn the results of a state Supreme Court election that went against him, Griffin is asking that same court to disqualify the votes of around 5,500 people who voted in the same manner as he had.

Since Democrat Allison Riggs won reelection to the state’s highest court last year by 734 votes, Griffin, now a Republican judge on the state’s Court of Appeals, has repeatedly tried to nullify her victory. Last week, the Republican majority on the state Supreme Court temporarily blocked the certification of Riggs’ win after Griffin filed a legal petition arguing that the election should be awarded to him.

In a briefing, Griffin’s lawyers argued that ballots cast by overseas and military voters should not be counted if they did not also provide photo identification, such as a photocopy of a driver’s license. His position contradicts that of the state election board, which had issued a rule before the election stating that such voters did not have to provide an ID.

Griffin’s use of these military ballots, which ProPublica confirmed using publicly available voting data and documents obtained via an open records request, has not been previously reported.

Two of Griffin’s absentee ballot requests came while he was deployed as a captain and a judge advocate general in the North Carolina Army National Guard. They were covered by a federal law called the Uniformed and Overseas Citizens Absentee Voting Act, more commonly known as UOCAVA.

In August 2019, for a municipal election, Griffin requested an absentee ballot, checking a box attesting that he was a “Member of the Uniformed Services or Merchant Marine on active duty and currently absent from county of residence.” Griffin listed his address as Fort Bliss, Texas, and the North Carolina Army National Guard’s 30th Armored Brigade Combat Team.

In January 2020, Griffin made a similar absentee ballot request for the March 2020 primary election, again checking a box that he was “on active duty in the Uniformed Services.”

At that time, North Carolina did not have a law in force requiring photo ID to be provided for in-person or absentee voters. (Though passed in 2018, the law did not take effect until late 2023.)

ProPublica sent Griffin a list of detailed questions, to which he replied: “I am not allowed to comment on pending litigation. It would be a violation of our NC Code of Judicial Conduct for me to do so.”

Embry Owen, the campaign manager for Riggs, criticized Griffin’s stance in the litigation. “Active-duty members of the military who are serving our country overseas count on their rights under UOCAVA to vote and make their voice heard. The same is true for members of the foreign service and missionaries in the field,” Owen said. “Any attempt to silence these voters is a shame on North Carolina’s democracy.”

As part of his legal fight, Griffin is challenging several categories of ballots, including over 60,000 that are missing driver’s license or Social Security data. But his theory that such information is necessary to legally vote has been repeatedly dismissed by the state election board, a federal judge appointed by President Donald Trump and even a right-wing activist who originally pushed it. In a virtual meeting, the activist called it “voter suppression” and said he was “100%” certain it would fail in court, as ProPublica has reported.

However, the issue of the 5,500 UOCAVA ballots has become increasingly important because Griffin has prioritized them in his latest legal briefing, asking the state Supreme Court to consider them first and, if nullifying those votes proves determinative, hand the election to him.

“In the Supreme Court contest, 5,509 such ballots were unlawfully cast,” Griffin’s lawyers wrote in their brief. “Judge Griffin anticipates that, if these unlawful ballots are excluded, he will win the election.”

Griffin is only trying to disqualify UOCAVA ballots in heavily Democratic counties, ignoring ballots from Republican areas, a ProPublica review of the contested ballots found. A data analysis by independent journalist Bryan Anderson found that Democratic ballots were disproportionately targeted, with Democrats being almost five times as likely as Republicans to have their ballots questioned by Griffin, though there are roughly equal numbers of Democrats and Republicans in North Carolina.

“Judge Griffin’s targeting of military and overseas voters from four heavily Democratic counties lays plain his goal: toss votes to retroactively win an election he already lost,” Owen said.

Griffin’s lawyers have argued to the state Supreme Court that since North Carolina law requires in-person voters to show a photo ID, UOCAVA voters should have to as well, such as by providing a picture of their driver’s license.

However, the state board of elections has repeatedly ruled that UOCAVA voters are not required to do so. When striking down Griffin’s challenges to the election results in December, the bipartisan panel unanimously rejected Griffin’s assertion that UOCAVA ballots submitted without photo IDs were unlawful, though it split along partisan lines for other challenges he made.

“We are not at liberty to change the election rules as they are established,” said Stacy Eggers IV, a Republican member of the board, when voting to reject Griffin’s challenges. “We have previously adopted a rule that says military and overseas voters are not required to show a voter ID” and “unless a court says otherwise, I’d find that we’re bound by that rule.”

Griffin has gone to extraordinary lengths to have this matter heard by the state Supreme Court, which has a Republican majority, filing his petition directly to the high court instead of working through lower courts first, as is the standard process laid out in state law. ProPublica has reported that the court’s Republican chief justice, Paul Newby, has been described by Griffin as a “good friend and mentor,” and most of the spouses of the Republican justices have donated to Griffin’s most recent or previous campaigns.

UOCAVA ballots are the primary method of voting for American service members stationed away from home and for other Americans living overseas. Voters request an absentee ballot by submitting the Federal Post Card Application to their election office, after which it checks their eligibility and provides them the ballot, which the voter then mails in either electronically or physically. Around 2.8 million Americans eligible to vote live overseas, and tens of thousands of them vote using this method, including thousands of North Carolinians.

Whether these ballots will count in the Griffin-Riggs race is currently being considered in parallel legal proceedings at the North Carolina Supreme Court and 4th U.S. Circuit Court of Appeals. The state board and Riggs’ campaign have argued that the matter should be decided in federal court, as the issue pertains to federal law. Briefings and oral arguments are scheduled in both through the remainder of the month. Until the election is decided in court, Riggs will continue to hold her seat. It is the last unresolved election in the nation from 2024.

Claude Murray, a member of Common Defense, a veterans group that has had the ballots of some of its North Carolina members challenged, criticized Griffin’s actions. “The right to vote is something Americans often take for granted, but as veterans we know how precious it truly is. Judge Griffin knows this too and is choosing a different path,” Murray said. “It is shameful that he is now seeking to invalidate thousands of votes — including military members and their families — simply because he lost an election.”

A voting rights advocate has compiled a list of challenged ballots in this race; you can check whether your vote is among them here. If it is, reporter Doug Bock Clark is interested in hearing your story. Email him at doug.clark@propublica.org and briefly describe your experience and why you believe you were challenged. Also, please reach out if you have any information about the North Carolina Supreme Court or state court system that you think we should know. Clark can be reached securely via phone or on Signal at 678-243-0784. If you’re concerned about confidentiality, check out our advice on the most secure ways to share tips.

Inside a Georgia election official’s months-long push to make it easier to challenge the 2024 results

In an ornate room in Georgia’s Capitol, Julie Adams — a member both of the election board serving the state’s most populous county and of a right-wing organization sowing skepticism about American elections — got the news she was waiting for. And she couldn’t wait to share it.

With pink manicured nails that matched her trim pink blazer, she tapped out a message on her phone to a top election lawyer for the Trump campaign and the Republican National Committee. “Got it passed,” she wrote to Gineen Bresso, photographs reviewed by ProPublica show.

What had passed that September afternoon in Atlanta was a state rule, championed by Adams, that would allow poll watchers like those she’d trained to gain greater access to sensitive areas in counting centers where votes were being tallied. The rule was a priority for supporters of former President Donald Trump who are looking to pave the way to challenge election results if their candidate loses this week’s vote.

The win was one in a string of them for Adams, who quickly ascended from a little-known, financially troubled conservative activist to a surprise appointee to the Fulton County board of elections. Her note to Bresso signaled not just this particular victory but the extent to which the 61-year-old has used her new perch to carry out the efforts of national players seeking to tilt the election in Trump’s favor.

Fulton itself is significant in state and national politics for a host of reasons: its sheer concentration of Democratic voters (380,000 in 2020, more than any other Georgia county), the scrutiny it received from national election skeptics after Trump lost the state by fewer than 12,000 votes — and, now, its newest election board member’s outsize role in trying to influence Georgia’s election processes.

Her actions in her nine months on the Fulton County board have been prodigious. She secretly helped push another, arguably higher-stakes rule through the state election board that vastly expanded the authority of county board members to refuse to certify votes they deem suspicious. She herself refused to certify the results of the presidential primary in March (though the board’s Democratic majority overruled her), and then she sued her board and election director, asserting local officials should be allowed to refuse to certify vote totals if there are discrepancies, which experts say are almost always innocuous. Some of her lawyers in that case work for the America First Policy Institute, an advocacy group staffed with former Trump officials.

So far, Adams’ efforts have mostly failed. Two judges have invalidated rules that Adams backed, with one calling them “illegal, unconstitutional and void.” But other efforts are still underway. The month after joining the Fulton County election board, Adams became regional coordinator for the Election Integrity Network, the group founded by lawyer Cleta Mitchell, who joined Trump on a call when he asked Georgia’s secretary of state to “find” him enough votes to overturn the 2020 election results there.

In that role, Adams runs weekly calls for Republican activists who have described Georgia’s voting as rigged, and she has pulled conservative members of local election boards into a loose coalition, many of whom have challenged results in their counties, too. And prominent conservative election lawyers, writers and national groups have used Adams’ push against certification in Georgia as the basis for a national argument.

Adams did not respond to numerous requests for comment or a detailed list of questions. Nor did representatives for the Election Integrity Network.

The Georgia-based group that hired Adams in 2022, Tea Party Patriots Action, has received millions of dollars from organizations closely tied to conservative legal activist and fundraiser Leonard Leo and billionaire Richard Uihlein, tax records show. Uihlein-backed groups launched unsubstantiated attacks on the legitimacy of voter rolls in at least a dozen states after the 2020 election.

A representative for Uihlein did not respond to questions. A representative for Leo would not elaborate on his contributions to organizations that supported Tea Party Patriots.

The true test of Adams’ effectiveness will come on Election Day — and, if the results in Georgia are anywhere near as close and consequential as they were in 2020, in the days and weeks beyond.

“She’s trying to help Trump win or trying to create chaos in the administration of the election in order to cast aspersions on it if he doesn’t win,” said Patrise Perkins-Hooker, who served as chair of the county election board when Adams joined. Perkins-Hooker described Adams’ work as centered on carrying out the agenda of right-wing activists and not making “the elections run smoothly or transparently.”

In response to ProPublica’s questions, the Republican National Committee provided a statement that said: “The Georgia state election board passed commonsense safeguards to secure Georgia's elections. The Trump-Vance Campaign and RNC supported these rules to bring transparency and accountability to the election process.” It also said, “The RNC defended these rules in court against attacks from Kamala and the DNC and will continue to fight against Democrat election interference.

Back in 2020, Mitchell and others challenging the results across the country had to rely on disorganized groups of Trump supporters who came together at the last minute and were mostly unfamiliar with election systems. Experts now warn about the more pronounced impact that election deniers like Adams will have, given that they have come to occupy positions of power in local election administration. As Trump said at an October rally in North Carolina: “The vote counter is far more important than the candidate.”

When Adams placed her hand on a Bible in February and took an oath to fairly administer Fulton County’s elections, voting rights advocates and Democrats thought they had scored a victory. Eight months earlier, they had twice swatted back efforts by the county GOP to install an activist who’d made his name challenging residents’ voter registrations. The Republicans had sued to force the election board to accept him, then relented and put Adams forward instead.

“It was universal support for Julie,” said Earl Ferguson, a vice chair of the Fulton County Republicans, who has also filed challenges to voters’ eligibility and repeated debunked conspiracy theories about the reliability of voting machines at election board meetings. (Ferguson does not agree that the points he made about the machines were not valid.) “She is honest and very capable, and very pleasant.”

After Trump lost the 2020 election, Adams and a small group of conservative activists became regular attendees at election board meetings. On a few occasions, she addressed the board during the public comment period, questioning the integrity of the county’s elections and its certification process. But she was much less outspoken than other activists in the group.

“When Adams was appointed, little was known about her connections to election deniers to justify opposition,” said Max Flugrath, spokesperson for Fair Fight, the Georgia-based voting advocacy organization. “Voting rights groups instead focused on opposing candidates with documented anti-voter records.”

Adams had worked in human resources and executive recruiting. Records show she also had experienced major financial setbacks. She’d filed for bankruptcy in 2005, and her mortgage company had auctioned her Cobb County home on the courthouse steps in 2010. A landlord later sued her, and she agreed to pay more than $13,000 in back rent, according to a 2021 consent agreement.

That same year, she trained 32 poll watchers to monitor the 2021 municipal elections. And she told county commissioners that she believed some tally sheets from an audit of the 2020 election had been “falsified.”

In 2022, Tea Party Patriots Action, the politically active arm of one of the largest national Tea Party groups, hired Adams as a field director, paying her about $124,000 a year according to tax filings.

Her hire came at a time when the group was pulling in cash and intensifying its focus on election issues. Groups funded by Leo, who is seen as the architect behind the Supreme Court’s conservative supermajority, provided the Tea Party group and a related foundation at least $1.1 million between 2020 and 2022, records show, including a 2021 grant related to election integrity. The group also hired Leo’s firm as consultants.

In 2022, Tea Party Patriots Action more than doubled its annual revenue, thanks in part to a $2.5 million grant from Restoration of America — which is backed by Uihlein, the billionaire owner of the packing supplies company Uline. That year, former Trump campaign official Gina Swoboda was a Restoration for America executive director. Restoration has spent the years since Trump lost in 2020 pushing the unfounded idea that discrepancies in voter roll data between the number of votes and the number of ballots cast are evidence of fraud, despite insistence by elected officials from both parties that the claims are baseless.

That year, the Tea Party group added a program to bring in poll watchers and workers in Georgia, records show. And it had Adams in place.

Representatives for the Tea Party group and Restoration of America did not respond to requests for comment. Swoboda did not respond to questions.

Adams has run scores of poll watcher and worker online trainings, with some drawing dozens of people, records reviewed by ProPublica show. In a May training, Adams listed over 10 things that she wants trainees to report, from the serial numbers on voting machines to the names of poll managers. “There’s no such thing as too much documentation,” she said in a recording of a May training. “If something doesn’t feel right to you, you need to write it out.”

At an October training, she told the roughly three dozen attendees, including those joining from out of state, to first report discrepancies to their state GOP and RNC hotlines and then to VoterGA, an organization whose leader has cast doubt on the outcome of the 2020 election. The Republican Party and right-wing organizations plan to use the poll watchers’ reports in post-election litigation, ProPublica has reported.

“VoterGA has an 18-year proven track record of nonpartisan activity,” said co-founder Garland Favorito. “Republicans and Democrats are told to call their own party hotlines for election issues. We have no plans or resources to file any type of speculative litigation in any matter.”

While working for the Tea Party, Adams also led weekly meetings frequented by prominent state activists, RNC officials, GOP county heads, conservative election board members and voter registration challengers, according to records including emails obtained by the watchdog group Citizens for Responsibility and Ethics in Washington and shared with ProPublica.

Agendas included subjects such as “Voter Integrity concerns for 2024 Elections” and warnings like “New York Times Reporter traveling to several counties in Georgia.”

In 2022, Adams had appeared at the Election Integrity Network’s Georgia chapter launch and was described the following year as its state liaison in social media posts by other activists.

But much of her work was done behind the scenes. So when the county GOP nominated her to join the election board in the heavily Democratic Fulton County, commissioners approved the choice 6-0.

After Adams joined the board in February, it did not take long for fellow members to begin worrying about her intentions. The board is made up of four political appointees, two by each party, led by a chair chosen by the Democratic-majority county commission. Traditionally, the board’s primary goal has been to make Fulton elections run smoothly, past and present board members said.

However, Perkins-Hooker, the chair when Adams joined, said that during meetings, she could see Adams receiving text messages from a Republican activist “telling her what to say, and what to do.” After Perkins-Hooker stepped down in April, the new chair banned board members from using phones during meetings.

“She came with a mission to try and paint our elections as being fraught with fraud and incompetency,” said Perkins-Hooker, an opinion echoed by other board members.

Adams had been on the board for just a few weeks when, in March, she was elevated to regional coordinator for the Election Integrity Network, the organization that Mitchell, Trump’s lawyer, had launched. The new position put her near the top of the leadership’s organizational chart.

Adams quickly began pushing conservative priorities at election board meetings. She wanted poll watchers to have more access to vote tallies from election machines. And she was very concerned about the mechanics of certifying elections. Though a century of case law says that certification is a mandatory duty for officials like her — whom experts compare to scorekeepers, not referees — Adams began questioning if she had to do it. She demanded reams of information she said that she needed to be certain of the results before certifying.

At Adams’ third meeting, in March, she and the other Republican board member shocked Democratic board members by voting against the certification of the presidential primary election — though the Democratic majority overruled them.

Adams’ push to have power over certification of election results couldn’t succeed under the state’s current rules, so she set out to change them.

To do so, she lobbied to remake the body that determined them, the State Election Board, which at the time was composed of two moderate Republican members, two MAGA-aligned members and a Democrat. She activated the coalition she had been building with the support of national Republicans, inviting them to a March meeting where the goal was to ensure that the moderate Republican on the State Election Board was replaced. “The Georgia House of Representatives needs to take action immediately!!!!” the meeting invitation read, providing the phone number of the speaker of the house.

Not long afterward, the speaker replaced that board member with a conservative media personality whom Trump would soon praise by name at a rally.

The new Trump-backed majority quickly began passing rules that the prior board had criticized as illegal, including one, originally pushed by Adams, expanding the power of county board members to refuse to certify votes they found suspicious. It was passed by the new board along with another rule potentially allowing county board members to delay certification.

A national outcry ensued, with The New York Times calling it “The Republican Plan to Challenge a Harris Victory.”

Three of the nation’s leading conservative election lawyers backed the new rules. A conservative group ran ads targeting swing state election officials that echoed the lawyers’ arguments. And the certification rule Adams pushed became a talking point for conservative media outlets. One article in The Federalist argued that it “could stop leftists from bullying election officials into certifying results without completing their duties.” Lawyers for the Republican National Committee and a Trump-aligned conservative think tank also defended the certification rules in Georgia superior court, testing arguments that certifying election results was optional.

Adams’ arguments that certification is not mandatory inspired David Hancock, a GOP member of Gwinnett County’s election board, to vote against certifying the same presidential primary as Adams. (He described several minor inconsistencies as sufficient reason for him not to certify.) “It was, like, a big deal,” Hancock said of Adams’ decision to vote against certifying.

Because two judges in October invalidated the new rules passed by the State Election Board, the mechanics of the election this week will be the same as before Adams’ pushes to empower poll watchers and county election board members.

But at a combative Fulton County board meeting the week before the election, Adams made clear that she wasn’t going to let the judge’s rulings stop her from continuing her campaign. Despite the county’s lawyer telling her that the certification rule she had pushed had been stayed, she argued that it had actually not been, citing her lawyers. “I’ve learned how the system works — or at least how it was supposed to work,” Adams said. “I’ve learned how sometimes it doesn’t work as the law requires, right here in Fulton County.”

Mollie Simon contributed research and Andy Kroll contributed reporting.

Election skeptics are targeting voting officials with ads that suggest they don’t have to certify results

Earlier this month, subscribers to the Wisconsin Law Journal received an email with an urgent subject: “Upholding Election Integrity — A Call to Action for Attorneys.”

The letter began by talking about fairness and following the law in elections. But it then suggested that election officials do something that courts have found to be illegal for over a century: treat the certification of election results as an option, not an obligation.

The large logo at the top of the email gave the impression that it was an official correspondence from the respected legal newspaper, though smaller print said it was sent on behalf of a public relations company. The missive was an advertisement from a new group with deep ties to activists who have challenged the legitimacy of recent American elections.

The group, Follow the Law, has placed ads in Pennsylvania and Wisconsin news outlets serving attorneys, judges and election administrators — individuals who could be involved in election disputes. In Georgia, it ran ads supporting the State Election Board as its majority, backed by former President Donald Trump, passed a rule that experts warned could have allowed county board members to exclude enough Democratic votes to impact the presidential election. (A judge later struck down the rule as “illegal, unconstitutional and void.”)

In making its arguments about certification, Follow the Law has mischaracterized election rules and directed readers to a website providing an incomplete and inaccurate description of how certification works and what the laws and rules are in various states, election experts and state officials said.

“Anyone relying on that website is being deceived, and whoever is responsible for its content is being dishonest,” said Mike Hassinger, public information officer for Georgia’s secretary of state.

Certification is the mandatory administrative process that officials undertake after they finish counting and adjudicating ballots. Official results need to be certified by tight deadlines, so they can be aggregated and certified at the state and federal levels. Other procedures like lawsuits and recounts exist to check or challenge election outcomes, but those typically cannot commence until certification occurs. If officials fail to meet those deadlines or exclude a subset of votes, courts could order them to certify, as they have done in the past. But experts have warned that, in a worst-case scenario, the transition of power could be thrown into chaos.

“These ads make it seem as if there's only one way for election officials to show that they're on the ball, and that is to delay or refuse to certify an election. And just simply put, that is not their role,” said Sarah Gonski, an Arizona elections attorney and senior policy adviser for the Institute for Responsive Government, a think tank working on election issues. “What this is, is political propaganda that’s dressed up in a fancy legal costume.”

The activities of Follow the Law, which have not been previously reported, represent a broader push by those aligned with Trump to leverage the mechanics of elections to their advantage. The combination of those strategies, including recruiting poll workers and removing people from voting rolls, could matter in an election that might be determined by a small number of votes.

Since Trump lost the 2020 election, at least 35 election board members in various states, who have been overwhelmingly Republican, have unsuccessfully tried to refuse to certify election results before being compelled to certify by courts or being outvoted by Democratic members. Last week, a county supervisor in Arizona pleaded guilty to a misdemeanor for failing to perform election duties when she voted to delay certifying the 2022 election. And last month, the American Civil Liberties Union sued an election board member in Michigan after he said he might not certify the 2024 results. He ultimately signed an affidavit acknowledging his legal obligation to certify, and the ACLU dismissed its case. Experts have warned that more could refuse to certify the 2024 election if Trump loses.

Follow the Law bills itself as a “group of lawyers committed to ensuring elections are free, fair and represent the true votes of all American citizens.” It’s led by Melody Clarke, a longtime conservative activist with stints at Heritage Action, a conservative advocacy organization, and the Election Integrity Network, headed by a lawyer who helped Trump try to overturn the 2020 election results in Georgia.

This summer, Clarke left a leadership position at EIN to join the Election Transparency Initiative, a group headed by Ken Cuccinelli, a former Trump administration official. The two groups work together, according to Cuccinelli and EIN’s 2024 handbook.

The banner ads that appeared in Georgia and Wisconsin outlets disclosed they were paid for by the American Principles Project Foundation. ETI is a subsidiary of a related nonprofit, the American Principles Project. Financial reports show that packaging magnate Richard Uihlein has contributed millions of dollars to the American Principles Project this year through a political action committee. Uihlein has funneled his fortune into supporting far-right candidates and election deniers, as ProPublica has reported.

Cuccinelli, Clarke and a lawyer for Uihlein did not respond to requests for comment or detailed lists of questions. Cuccinelli previously defended to ProPublica the legality of election officials exercising their discretion in certifying results. “The proposed rule will protect the foundational, one person-one vote principle underpinning our democratic elections and guard against certification of inaccurate or erroneous results,” Cuccinelli wrote in a letter to Georgia’s State Election Board.

The most recent ads appear to be an extension of a monthslong effort that started in Georgia to expand the discretion of county election officials ahead of the November contest.

In August and September, Follow the Law bought ads as Georgia’s election board passed controversial rules, including one that empowered county election board members to not certify votes they found suspicious. As ProPublica has reported, the rule was secretly pushed by the EIN, where Clarke worked as deputy director.

Certification “is not a ministerial function,” Cuccinelli said at the election board’s August meeting. The law, he argued, “clearly implies that that board is intended and expected to use its judgment to determine, on very short time frames, what is the most proper outcome of the vote count.”

However, a state judge made clear in an October ruling the dangers of giving county board members the power to conduct investigations and decide which votes are valid. If board members, who are often political appointees, were “free to play investigator, prosecutor, jury, and judge” and refuse to certify election results, “Georgia voters would be silenced,” he wrote, finding that this would be unconstitutional. The case is on appeal and will be heard after the election.

Despite that ruling, and another from a different judge also finding both certification rules unconstitutional, Follow the Law’s website section for Georgia still asserts that a State Election Board rule “makes crystal clear” that county board members’ duty is “more than a simple ministerial task” without mentioning either ruling. The state Republican party has appealed the second ruling.

In a Telegram channel created by a Fulton County, Georgia, commissioner, someone shared what they called a “dream checklist” for election officials this week that contains extensive “suggestions” for how they should fulfill their statutory duties. The unsigned 15-page document, which bears the same three icons that appear on Follow the Law’s website, concludes, “Resolve all discrepancies prior to certification.”

On the same day the Georgia judge ruled that county board members can’t refuse to certify votes, Follow the Law began running ads in Pennsylvania and Wisconsin legal publications. The communications argued that certification is a discretionary step officials should take only after performing an investigation to ensure an election’s accuracy, largely continuing the line of argument that Cuccinelli pushed to Georgia’s election board and that the lawyers took before the judge. “Uphold your oath to only certify an accurate election,” said banner ads that ran in WisPolitics, a political news outlet. Another read: “No rubber stamps!” WisPolitics did not respond to requests for comment.

In Pennsylvania, the ad claimed that “simply put, the role of election officials is not ‘ministerial’” and that election officials are by law “required to ensure (and investigate if necessary) that elections are free from ‘fraud, deceit, or abuse’ and that the results are accurate prior to certification.”

Follow the Law has also directly contacted at least one county official in Eureka County, Nevada, pointing him to the group’s website, according to a letter obtained by ProPublica and Wisconsin Watch.

Follow the Law’s ads and website overstate officials’ roles beyond what statutes allow, state officials in Georgia, Arizona, Pennsylvania and Wisconsin said.

The group’s Wisconsin page reads: “Canvassers must first ensure that all votes are legally cast and can only certify results after verifying this.” But officials tasked with certifying elections are scorekeepers, not referees, said Edgar Lin, Wisconsin policy strategist and attorney for Protect Democracy, a nonprofit that works to protect the integrity of American elections. Lin and other experts said officials ensure the accuracy of an election’s basic arithmetic, for example, by checking that the number of ballots matches the number of voters, but they are not empowered to undertake deeper investigations.

Gonski said that in addition to overstating certifiers’ responsibilities, Follow the Law’s messaging underplays the protections that already exist. “Our election system is chock-full of checks and balances,” Gonski said. “Thousands of individuals have roles to play, and all of them seamlessly work together using well-established procedures to ensure a safe, accurate and secure election. No single individual has unchecked power over any piece of the process."

Ads in the Wisconsin Law Journal and the Legal Intelligencer in Pennsylvania also presented the findings of a poll that Follow the Law said was conducted by Rasmussen Reports, a company whose credibility the ad emphasizes. But Rasmussen Reports did not conduct the poll. It was conducted by Scott Rasmussen, who founded the polling company but has not worked there in over a decade.

Both the company and pollster confirmed the misattribution but did not comment further. The Wisconsin Law Journal and ALM, which owns the Legal Intelligencer, declined to comment.

Sam Liebert, a former election clerk and the Wisconsin director for All Voting is Local, said he wants the state’s attorney general to issue an unequivocal directive reminding election officials of their legal duty to certify.

“Certifying elections is a mandatory, democratic duty of our election officials,” he said. “Each refusal to certify threatens to validate the broader election denier movement, while sowing disorder in our election administration processes.”

Do you have any information about Follow the Law or other groups’ efforts to challenge election certification that we should know? Have you seen Follow the Law ads or outreach elsewhere? If so, please make a record of the ad and reach out to us. Phoebe Petrovic can be reached by email at ppetrovic@wisconsinwatch.org and by Signal at 608-571-3748. Doug Bock Clark can be reached at 678-243-0784 and doug.clark@propublica.org.

Handful of rural GA counties could exclude enough votes to affect the 2024 race: report

An examination of a new election rule in Georgia passed by the state’s Republican-controlled election board suggests that local officials in just a handful of rural counties could exclude enough votes to affect the outcome of the presidential race.

The rule was backed by national groups allied with former President Donald Trump. It gives county boards the power to investigate irregularities and exclude entire precincts from the vote totals they certify. Supporters of the rule, most of whom are Republicans, say it’s necessary to root out fraud. Critics, most of whom are Democrats, say it can be used as a tool to disenfranchise select buckets of voters.

An analysis by ProPublica shows that counties wouldn’t have to toss out many precincts to tip the election if it’s as close as it was in 2020, when Trump lost Georgia by less than 12,000 votes. Based on tallies from that year, an advantage of about 8,000 Democratic votes could be at risk in just 12 precincts in three counties under the new rule, the analysis found. There are 159 counties in Georgia.

A judge is expected to decide soon whether the rule will stand.

The three counties — Spalding, Troup and Ware — voted for Trump in 2020. But each has small yet significant concentrations of Democratic votes clustered in specific precincts. All three also have local election boards that have become stacked in recent years with partisans who’ve voiced support for the false claim that Trump won the 2020 election or have cast doubt on the integrity of the election process.

In Spalding, about 40 miles south of Atlanta, a man who is now county election board chair had previously alerted Trump’s attorneys to what police later determined was false evidence of voter fraud. More recently, he has tweeted that President Joe Biden is a “pedophile,” made sexually degrading comments about Vice President Kamala Harris and, this August, accused a top state elections official of “gaslighting” for saying there was no evidence of fraud in 2020.

In Ware County, in the southeast corner of the state, the election board chair is tied to far-right groups and has called democracy “mob rule.” In Troup County, which borders Alabama, the election board chair maintains that debunked “statistical anomalies” in the 2020 vote still haven’t been explained.

The legality of the rule was debated on Oct. 1 during back-to-back bench trials for two lawsuits. One was brought by the Democratic National Committee and others against the State Election Board, seeking to invalidate the rule. The other was brought by a Republican local board member against her county, the Democratic National Committee and others, seeking a judgment that she had the discretion not to certify election results.

During the trial, Judge Robert McBurney said to the lawyer representing the Republican board member, “You have very successfully pulled me down an intriguing rabbit hole about, well, maybe you could certify some of the votes, but not all of the votes.”

The boards’ new power is the culmination of ground-level efforts in Georgia that began the day Biden was declared the winner of the 2020 election. After Trump lost — and after Georgia’s Republican secretary of state rebuffed his demand to “find” him the 11,780 votes he would have needed to win — GOP state legislators launched an effort to reshape county election boards, paving the way for removing Democrats and stacking them with Trump backers. Boards are supposed to administer elections in a nonpartisan manner, and some of these changes broke with the norm of having equal numbers of Republican and Democratic members, plus an independent chair to break ties.

The legislature also removed the secretary of state as head of the State Election Board and replaced members of the board — stacking it, too, with Trump partisans. At an August rally in Atlanta, Trump praised three of them by name, calling them “pit bulls fighting for honesty, transparency and victory.” The three board members did not respond to requests for comment.

With the addition of its newest member, the state board was able to do in August what the previous iteration of it wouldn’t: Pass rules giving the county boards unprecedented power.

What’s more, the rule allowing county boards to exclude specific votes was secretly pushed by Julie Adams, a leader of a group central to challenging the legitimacy of the American election system. That group’s founder joined Trump on the call in 2020 during which he pressured the secretary of state to hand him victory.

Adams, a Fulton County election board member, was the plaintiff in one of the two lawsuits. She did not respond to requests for comment or a list of detailed questions.

The State Election Board and attorneys representing parties in both lawsuits did not comment.

A lawyer representing the Democratic National Committee referred ProPublica to the Harris-Walz campaign. “For months, MAGA Republicans in Georgia and across the country have been trying to lay the groundwork to challenge the election results when they lose again in November,” deputy campaign manager Quentin Fulks said in a statement. “A few unelected extremists can’t just decide not to count your vote.”

During one of the bench trials, Richard Lawson, a lawyer for Adams and the America First Policy Institute, a conservative think tank aligned with Trump, argued that county board members should have the authority to exclude entire precincts’ votes if they find something suspicious.

A lawyer for the Democratic National Committee, Daniel Volchok, warned that board members making “individual determinations about if a ballot is fraudulent or otherwise should not be counted” is “a recipe for chaos.”

“It is also a recipe for denying Georgians their right to vote.”

Spalding County has for years played a prominent role in Trump supporters’ efforts to challenge election results.

In 2020, Trump’s allies trying to overturn the election quickly realized that the weakest points in America’s election system are its thousands of counties, where the day-to-day work of running elections is done. Previously unreported emails and messages show that one of the first places they targeted was Spalding County.

In the days after the election, Ben Johnson, the owner of a tech company who in 2021 would become chair of the Spalding County election board, began tweeting repeatedly at a team of lawyers challenging the election results on behalf of Trump, including Sidney Powell and Lin Wood, a ProPublica review of his deleted but archived tweets found. Johnson also advocated on social media for overturning the election. The Daily Beast reported in 2022 on other Johnson tweets, including one suggesting that Wood investigate claims of election fraud in Spalding County.

About two weeks after the election, a hacker emailed Wood and others to say that that he and another operative were “on ground & ready for orders” near Spalding County, outlining in a series of attachments how they were seeking to acquire voting machine data to prove the election was stolen in Spalding and another Georgia county. (Wood previously told ProPublica, “I do not recall any such email” and that he did not give the hacker any orders, though he did say he recalled the hacker “leaving one night to travel to Georgia.” The hacker did not previously respond to requests for comment.)

Messages obtained by ProPublica show that about an hour later, the operative messaged the hacker: “Woot! We have a county committing to having us image” voting machine data.

The hacker and operative were able to help their allies access voter machine data elsewhere, which became a central pillar in a long-running conspiracy theory that voting machines were hacked. That theory was key to justifying attempts to overturn the 2020 election. In Spalding County, however, their plan fell apart after the secretary of state made clear in a memo that accessing such data would be illegal. “Our contact wants to give us access, but with that memo it makes it impossible,” the operative wrote, without “her getting in a lot of trouble.”

After Trump’s loss, the Republican-controlled state legislature passed a massive bill “to comprehensively revise elections” in response to “many electors concerned about allegations of rampant voter fraud.” And Republican state legislators began writing bills to revamp local election boards, one county at a time. Since 2021, the reorganizations of 15 boards have brought a wave of partisan Republicans, ProPublica found.

As a result of the 2021 reorganization in Spalding, the election board lost three Black Democrats. Three new white Republicans became the majority — including Johnson, who became chair.

In 2022, after news outlets reported that Johnson had supported the QAnon conspiracy theory on social media, he tweeted an open letter emphasizing that he “took an oath to serve in the interests of ALL eligible voters of Spalding County” and “There’s no room for politics in the conducting of Elections.”

Since then, Johnson has continued to share social media content questioning the integrity of Georgia’s elections.

Reached by phone, Johnson said, “I don’t want to talk to any liberal media” and “You’re going to spread lies.” He did not respond to a detailed list of questions subsequently sent to him.

The new rule says that if there are discrepancies between the number of ballots cast and the number of people recorded as having voted in a given precinct, “The Board shall investigate the discrepancy and no votes shall be counted from that precinct until the results of the investigation are presented to the Board.” If “any error” or “fraud is discovered, the Board shall determine a method to compute the votes justly.”

Minor discrepancies between the number of voters and ballots are not uncommon. For instance, ballots can become stuck in scanners, voters can begin filling out a ballot and then stop before submitting it, or election systems can be slow to update that a provisional ballot has been corrected.

In counties like Spalding, Ware and Troup — with Republican-leaning boards and at least a few Democratic-heavy precincts — the conservative majority has the power to determine how to “compute the votes justly.” At the trial and in court documents, Democratic lawyers argued this could mean not certifying Democratic votes, with one arguing in a brief that county board members “will attempt to delay, block, or manipulate certification according to their own political preferences” by invoking the rule “to challenge only certain types of ballots or returns from certain precincts as fraudulent.”

Democratic voters in many conservative rural counties are packed into a small number of precincts. In 2020, Spalding had five precincts with Democratic majorities, which provided about 3,300 more votes for Biden than Trump. Troup had five such precincts totaling about 3,000 such votes, and Ware had two such precincts totaling roughly another 1,600 votes.

Troup County removed two Black women and two men — all Democrats, one said — from its elections board when it restructured in 2021, shrinking the board from seven to five members.

“They definitely wanted us off the board,” said former member Lonnie Hollis, who is worried the new board will behave partisanly this election. She said Republican officials in Troup have connections to the state party.

The board’s new chair, William Stump, a local banker, said that he believes Troup got its vote totals right last presidential election but that “there were some fairly significant statistical anomalies” elsewhere in Georgia.

“It didn’t pass the smell test,” he said. Stump recently appeared at a GOP luncheon in LaGrange with State Election Board member Janelle King, whose ascension to the board cemented its MAGA majority and enabled the passage of the rules.

Stump said he was at the luncheon, where the GOP handed out Trump gear, to answer questions about the election process. “We don’t have, I don’t think, outwardly partisan folks on the board,” he said. “Everybody’s concern is to get the numbers right and get them out on time.”

When Ware County reconstituted its election board in 2023, it removed two Black members who were Democrats and installed Republican Danny Bartlett as chair. Bartlett, a retired teacher, served as executive director of the Okefenokee chapter of Citizens Defending Freedom, a Christian nationalist group the Southern Poverty Law Center calls “anti government” and “part of the antidemocratic hard-right movement.”

Bartlett also started a Facebook group in 2022 called Southeast Georgia Conservatives in Action that asks potential members. “Are you ready to take action against the assault upon our country?” Bartlett sought to raise money for the group through a raffle that offered as a grand prize a “Home Defense Package” that included $2,000 worth of guns, gear and a “Patriot Pantry 1-week Food Supply Ammo Can.”

Bartlett did not respond to multiple requests for comment.

Carlos Nelson, Ware’s elections supervisor, said he opposed the board’s restructuring but said that Bartlett hasn’t gone along when conservative activists have demanded measures such as hand-counting ballots. “He has been a really good chair,” said Nelson, who is a Democrat. He said he didn’t know about Bartlett’s outside political affiliations but that they were “totally different from his participation on the board.”

Shawn Taylor, one of the Black board members who was removed, said she’s concerned that the new election leaders are too partisan and may try to sway the election results.

“These MAGA Republicans are putting things in place to try to steal the election,” she said, adding she did not think all Republicans supported those attempts. “I believe that it’s going to cause major conflict within a lot of these counties.”

The Ware County commission in July removed a new conservative election board member, Michael Hargrove, who had complained about the “Biden/Harris Crime Syndicate” on social media, after he entered a polling site’s restricted area during spring elections and got into a confrontation with a poll worker. Hargrove said in an email that he “had, as an Elections Board member, EVERY right to be in that location at that time. Any other issue related to that event is juvenile nonsense.”

His replacement, Vernon Chambless, is a local lawyer who told ProPublica that he believes Trump should have been declared the winner in 2020. “We’re going to make sure that everything’s kosher before we certify,” he said.

Alex Mierjeski, Amy Yurkanin, Mollie Simon, Mariam Elba, Kirsten Berg and Doris Burke contributed research.

NC Supreme Court secretly quashed discipline of 2 GOP judges who admitted to violating judicial code

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Last fall, out of public view, the North Carolina Supreme Court squashed disciplinary action against two Republican judges who had admitted that they had violated the state’s judicial code of conduct, according to three sources with direct knowledge of the decisions.

One of the judges had ordered, without legal justification, that a witness be jailed. The other had escalated a courtroom argument with a defendant, which led to a police officer shooting the defendant to death. The Judicial Standards Commission, the arm of the state Supreme Court that investigates judicial misconduct by judges, had recommended that the court publicly reprimand both women. The majority-Republican court gave no public explanation for rejecting the recommendations — indeed, state law mandates that such decisions remain confidential.

The sources spoke to ProPublica on the condition of anonymity because many of the actions and decisions of both institutions are confidential and because the sources said they feared retaliation.

When it comes to disciplining judges, North Carolina is one of the most secretive states in America, according to data from the National Center for State Courts’ Center for Judicial Ethics. Over half of states make disciplinary proceedings against judges public once charges are filed with their judicial ethics commission. Another dozen make them public if they reach the state’s supreme court. North Carolina is one of only three states, in addition to the District of Columbia, to release information only at the last possible stage of the process — after the Supreme Court orders discipline.

Stephen Gillers, a professor emeritus at New York University’s law school who specializes in legal and judicial ethics, said that making some parts of disciplinary cases against judges confidential can be necessary to protect private or personal information. But North Carolina goes too far, he added. “While secrecy has a place in judicial discipline, it can be used to conceal wrongdoing,” Gillers said. “Once there is a finding of wrongdoing by a disciplinary commission, the case should become public.”

The North Carolina Supreme Court’s decisions not to publicly discipline the two judges, which have not previously been reported, appear to be the only instances in more than a decade in which the Supreme Court did not follow the commission’s recommendation to issue punishment. Those decisions come at a time of accusations and recriminations about politics influencing North Carolina’s high court. Last year, Justice Anita Earls, a Democrat, sued the commission after it launched an investigation into comments she made suggesting that Republican justices were influenced by conservative ideology, remarks that she defended as free speech. And a Republican justice personally attacked Earls in a Supreme Court order in September. In addition, the year before, outside groups sought recusals of more than half of the court’s justices over various conflict-of-interest accusations.

Spokespeople for the North Carolina Supreme Court and the Judicial Standards Commission declined to comment or respond to a detailed list of questions.

Asher Hildebrand, a professor of public policy at Duke University, explained that in the 2010s, North Carolina had policies designed to keep the judiciary above the political fray, such as nonpartisan judicial elections. However, the gradual dismantling of these policies by the Republican-controlled legislature has driven the court’s polarization, according to Hildebrand.

“While we might long for the days when courts were perceived as being above politics, courts are very much a partisan battleground,” he said.

Bob Orr, a former Republican justice, said partisan disputes over the judicial standards process have intensified in recent years.

“The judicial standards process needs a major overhaul in that I don’t think it was set up to deal with the current political atmosphere that judges have been embroiled in,” said Orr, who back in the early 2000s was investigated and received a private warning from the then-Democratic-controlled commission over comments that it deemed to be an impermissible political endorsement. He left the Republican Party in 2021 after being a vocal critic of former President Donald Trump.

Orr added, “It’s important for all the decision-makers in the judicial standards process — the commission, its staff and the Supreme Court — to act in a nonpartisan way to increase trust in the judicial system.”

Since 2011, North Carolina’s Judicial Standards Commission has referred 19 cases to the Supreme Court for judicial discipline, according to the court’s annual reports. In that time, the court has issued 17 public disciplinary orders, ranging from reprimands to suspensions without pay.

Had the Supreme Court followed the commission’s recommendations in the cases of the two Republican judges, it would have meant publicly reprimanding them ahead of elections for both in 2024. Judge Lori Hamilton, a longtime Republican, had campaigned with the slogan, “the ideal conservative.” Judge Caroline Burnette had previously been a Democrat — but she switched her registration before her case got to the Supreme Court, according to public records.

In September 2021, Burnette was conducting a trial when she got into a shouting match with the defendant, Christopher Vaughan, who was facing charges of false imprisonment. Court recordings later published by WRAL News captured a three-minute argument, which escalated after Burnette told Vaughan to “shut up.” When Burnette ordered the bailiff to “take him,” Vaughan rushed Burnette. The bailiff blocked him, the two grappled, and the bailiff shouted that Vaughan had his gun. A police officer who was in the courtroom to testify shot Vaughan in the head, killing him, an incident that was widely reported.

The commission’s work is confidential, but sources say that it soon began investigating Burnette, who had potentially violated multiple parts of the judicial code, including the requirements that a “judge should maintain order and decorum in proceedings” and a “judge should be patient, dignified and courteous.” Burnette declined to comment. A spokesperson for the state court system said Burnette would not respond to ProPublica’s detailed list of questions.

Not long after, in November 2021, Hamilton was overseeing the trial of a man charged with sex crimes against minors. According to court transcripts, Hamilton accused the victims’ mother of bringing them to court late and previously being uncooperative with the state’s lawyers. “I’m going to take you into protective custody to ensure your appearance here at trial,” Hamilton told the mother, ordering that she be handcuffed, detained throughout the trial and denied an attorney. Hamilton also said that the victims should be turned over to Child Protective Services. Court staff were so unsure of how to execute their orders that the bailiff explained to Hamilton that they “don’t know how to book” the mother.

The mother of the victims, whose name is being withheld to protect the identities of her children, said she spent her four days of incarceration worrying about her daughters, crying and asking court staff, “How can you hold me if I’m not charged with nothing?”

The commission soon launched an investigation into Hamilton, sources say. She had potentially violated multiple canons, including that “a judge should uphold the integrity and independence of the judiciary” and that a “judge should be faithful to the law and maintain professional competence in it.” In response to a detailed list of questions from ProPublica, Hamilton answered only one, which asked if she thought that her political affiliation had anything to do with the conservative majority of the Supreme Court going against the commission’s recommendation. “No, I do not,” she replied.

During the commission’s investigations and hearings process, both Hamilton and Burnette stipulated that they had violated the judicial code, according to sources. Those sources said that the commission sent the cases to the Supreme Court to determine final discipline and that the commission recommended that the court give them public reprimands. When the commission determines there to be minor violations, it issues a letter of caution or a verbal warning, which remains private. The vast majority of disciplinary action falls into these categories. But all judicial discipline serious enough to be issued by the Supreme Court becomes public, according to the rules of the commission.

Months after the Supreme Court decided in the fall of 2023 to let Hamilton and Burnette off without public consequences, it issued its most recent disciplinary order. In March 2024, the court concurred with the commission’s recommendation for punishment of Angela Foster, a Black Democratic judge who had pressured a court official to reduce a bond for her son and had taken over a courtroom reserved for other court officials, thereby delaying over 100 cases. The Supreme Court suspended her without pay for 120 days.

At the same time as the court was considering how to handle the two white Republican judges, the commission was weighing another fraught matter.

In March 2023, Earls, the Supreme Court’s lone Black justice and a Democrat, received a letter from the commission informing her that she was under investigation. The letter stated that Earls had been accused of disclosing “confidential information concerning matters being currently deliberated in conference by the Supreme Court.” If the commission found evidence of a serious violation, it could send the case to the Supreme Court, which would make a final determination and could go as far as to expel her.

At the center of the anonymous complaint was the allegation that Earls had told lawmakers and state bar members at two different meetings about proposed rule changes that would give more power to the Republican justices. The complaint, which was made after WRAL News published an article describing the meetings, also alleged that she’d provided confidential information to a reporter.

In her response to the letter, which later was filed in court, her lawyer argued that it had been standard practice for justices to discuss the court’s rule changes with affected parties and that no information had been leaked. Earls’ lawyer also wrote that if the matter proceeded to a hearing, Earls planned to make the investigation public and subpoena “current and former Justices” about their “actions.” In May, the commission dismissed the complaint, providing Earls with verbal and written warnings “to be mindful of your public comments,” according to court documents.

In June, Earls, the only person of color on the court, gave an interview to Law360 in which she criticized Chief Justice Paul Newby and other conservative justices for refusing to address the lack of diversity in the state’s court system. She revealed that Newby had effectively killed its Commission on Fairness and Equity by not reappointing its members and that he had ended implicit bias trainings for judges, which Earls had helped set up. Much of the interview was framed around a Law360 analysis and an outside study that found that the vast majority of state appellate court judges, and the attorneys arguing before them, were white and male. In reference to the findings, Earls said that “our court system, like any other court system, is made up of human beings and I believe the research that shows that we all have implicit biases.” She said that her five Republican colleagues “very much see themselves as a conservative bloc” and that “their allegiance is to their ideology, not to the institution.”

In August, Earls received another letter from the commission alerting her that it had “reopened” the former investigation. The letter warned: “Publicly alleging that another judge makes decisions based on a motivation not allowed under” the code, such as racial or political biases, without “definitive proof runs contrary to a judge’s duty to promote public confidence in the impartiality of the judiciary.”

Rather than letting the investigation proceed in secret again, Earls sued the commission in federal court, seeking an injunction to stop “an on-going campaign” by the commission to “stifle the First Amendment free-speech rights of Justice Earls and expose her to punishment.”

Two weeks after the lawsuit was filed, Democratic state lawmakers held a press conference to call the investigation into Earls “a political hit job” — and one state representative accused Newby of pushing it, though he said he could not reveal his sources. Four sources knowledgeable about Newby’s or the commission’s actions told ProPublica that the chief justice encouraged the investigation. The sources requested anonymity because the inner workings of the commission are confidential and because they feared retaliation.

Newby and Earls declined to comment through a North Carolina Supreme Court spokesperson. Neither responded to questions submitted to the North Carolina Judicial Branch.

The lawsuit led to public outcry, which was fiercely critical of the investigation and which was partially fueled by the fact that Newby had himself made remarkably similar statements alleging that his Democratic colleagues were biased. In the summer of 2019, when Newby was a justice campaigning to become chief justice, he made a speech, first reported by WRAL News, in which he called Earls an “AOC” — referencing progressive U.S. Rep. Alexandria Ocasio-Cortez. He also accused Earls of wanting “to cause social change through our judicial branch,” suggested that she was part of a Democratic strategy to “sue till you’re blue” and warned, “See what kind of judicial activism occurs on your North Carolina court.”

After the speech, the commission, which at the time was under a Democratic court, fielded complaints about Newby. The existence of those complaints has not been previously reported. According to multiple sources, the commission issued Newby a confidential verbal warning, emphasizing he should not so overtly criticize his fellow justices again.

At the time, experts told news outlets that Newby’s statements about Earls were probably protected by the fact that he was campaigning, as the code allows justices greater leeway when seeking reelection. However, in 2023, Earls was also technically in campaign mode and subject to the same protections as Newby. According to Earls’ lawsuit, she had declared her candidacy for her next election many years in advance, as had become standard practice among justices.

Two sources with direct knowledge of the investigations into both Newby and Earls said that Earls faced more scrutiny in terms of both the length and depth of the investigative process. One of those sources, however, said that “there was no bias” in the treatment of Earls. The source chalked up the difference between the two investigations to the fact that in the intervening years, the commission had intensified efforts to rein in the justices as they became more openly contentious about their differing political views.

In January 2024, as Earls’ lawsuit barreled toward a trial, the commission abruptly dropped its investigation. It did not recommend the Supreme Court take any disciplinary action against her.

Inside the creation of Trump’s stolen election myth

By Doug Bock Clark, Alexandra Berzon and Kirsten Berg

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

By the time Leamsy Salazar sat down in front of a video recorder in a lawyer’s office in Dallas, he had grown accustomed to divulging state secrets. After swearing to tell nothing but the truth so help him God, he recounted that he was born in Venezuela in 1974, enlisted in the army and rose through its special operations ranks. He described how in 2007 he became the chief of security for Hugo Chávez, the Venezuelan leader whose electoral victories had been challenged by outside observers and opposition parties. After Chávez died in 2013, Salazar said he provided intelligence on top Venezuelan officials involved in drug trafficking to American law enforcement agencies, which had helped him defect.

After about 45 minutes of Salazar telling his life story, the lawyer questioning him, Lewis Sessions, abruptly changed the course of the conversation. “I want to take a moment to get off the track,” said Sessions, the brother of Republican Rep. Pete Sessions of Texas. “Why are you here? What has motivated you to come forward?”

“I feel that the world should know — they should know the truth,” Salazar answered. “The truth about the corruption. About the manipulation. About the lies.”

“The truth about what?” Sessions asked.

“In this case, it’s the manipulation of votes,” Salazar said. “And the lies being told to a country.”

That morning of Nov. 13, 2020, Salazar had a new sort of intelligence to share. He claimed to know that the 2020 U.S. presidential election had been rigged — and how.

Speaking through an interpreter, Salazar said that when he worked for Chávez, he had attended meetings in which the administration discussed how to develop specialized software to steal elections with representatives from Smartmatic, a voting technology company whose founders had ties to Venezuela. He recalled that during the 2013 presidential election, in a secret counting center in Caracas, the capital, he saw officials use software to change votes in favor of Chávez’s successor, Nicolás Maduro, after the polls closed. Watching the 2020 American election, he said, he noticed votes for Joe Biden jumping in a pattern that he thought was similar.

When Sessions asked if Salazar could draw a connection between the events in Venezuela and the recent American election, Salazar replied, “I can show the similarity.” In the 2020 election, Smartmatic machines were only used in Los Angeles, but Salazar explained away this discrepancy. He claimed that the company’s software had been “purchased” by Dominion Voting Systems, whose machines were used in such battleground states as Arizona, Georgia, Michigan, Pennsylvania and Wisconsin — all of which had gone to Biden, sealing his victory over Donald Trump.

Salazar said in a subsequent court filing that he had taken his concerns about the election to “a number of reliable and intelligent ex-co-workers of mine that are still informants and work with the intelligence community.” (He did not specify whether he meant the U.S. or Venezuelan intelligence community.) From there, sources told ProPublica, his concerns reached a former intelligence officer active in Republican politics and then the conservative lawyer Sidney Powell.

Powell was on the hunt for just such information.

By the second week of November, it had become known in right-wing circles that she was working behind the scenes with the president’s legal team to challenge the results of the election. In an email to ProPublica, Sessions wrote that he “conducted the interview at the request of a person working with Sidney Powell’s legal team.” The day after the interview, Trump made Powell’s position official with an announcement on Twitter.

The following morning, Powell traveled to South Carolina, where a loose coalition of lawyers, cybersecurity experts and former military intelligence officers were gathering on a plantation owned by the defamation lawyer Lin Wood to search for evidence of election fraud. One person present at the plantation said that Wood and Powell treated the Salazar video “like the holy grail of evidence.” (In an email to ProPublica, Wood wrote that he was not part of any coalition and that he had only seen “a few minutes” of the video, in which he had “no interest beyond general curiosity.” Powell did not respond to requests for comment.)

There was just one problem. Salazar’s claims were easily disprovable. Hours after the video was recorded, Trump campaign staffers reviewed some allegations about Dominion that were almost identical, and it took them less than a day to discover they were baseless. The staffers prepared an internal memo with section headings that read: “Dominion Has No Company Ties To Venezuela,” “Dominion And Smartmatic Terminated Their Contract In 2012” and “There Is No Evidence That Dominion Used Smartmatic’s Software In The 2020 Election Cycle.” Independent fact-checkers came to the same conclusions. Dominion later released a statement calling a version of these allegations that Powell pushed in a lawsuit, “baseless, senseless, physically impossible, and unsupported by any evidence whatsoever.” A lawyer for Smartmatic wrote to ProPublica: “There are no ties between Dominion Voting Systems and Smartmatic — plain and simple.” He added that “Salazar’s testimony is full of inaccuracies,” strongly denied that Smartmatic’s technology was designed to steal Venezuelan elections, and said the company, which operates worldwide, has “registered and counted over 5 billion votes without a single security breach.” (Salazar did not respond to requests for comment.)

Salazar’s story was just one of many pieces of so-called evidence that members of the coalition have offered as proof that the 2020 election was rigged. That unfounded belief has emerged as one of the most potent forces in American politics. Numerous polls show that over two-thirds of Republicans doubt the legitimacy of the 2020 election. Millions of those Republicans believe foreign governments reprogrammed American voting machines.

ProPublica has obtained a trove of internal emails and other documentation that, taken together, tell the inside story of a group of people who propagated a number of the most pervasive theories about how the election was stolen, especially that voting machines were to blame, and helped move them from the far-right fringe to the center of the Republican Party.

Those records, as well as interviews with key participants, show for the first time the extent to which leading advocates of the stolen-election theory touted evidence that they knew to be disproven or that had been credibly disputed or dismissed as dubious by operatives within their own camp. Some members of the coalition presented this mix of unreliable witnesses, unconfirmed rumor and suspect analyses as fact in published reports, talking points and court documents. In several cases, their assertions became the basis for Trump’s claims that the election had been rigged.

Our examination of their actions from the 2020 election to the present day reveals a pattern. Many members of the coalition would advance a theory based on evidence that was never vetted or that they’d been told was flawed; then, when the theory was debunked, they’d move on to the next alternative and then the next.

The coalition includes several figures who have attracted national attention. Retired Army Lt. Gen. Michael T. Flynn, who served briefly as national security adviser to Trump before pleading guilty to lying to law enforcement about his contacts with Russian officials, is the most well known. Patrick Byrne, the former CEO of Overstock.com who left his position after his romantic relationship with the convicted Russian agent Maria Butina became public, is the coalition’s chief financier and a frequent intermediary with the press. Powell, who represented Flynn in his attempt to reverse his guilty plea, spearheaded efforts in the courts.

Before Powell arrived at the plantation, Wood had filed a lawsuit in federal court in Atlanta against Georgia Secretary of State Brad Raffensperger that sought to stop him from certifying Biden’s victory. Soon after Powell showed up, Wood submitted an anonymized declaration from Salazar as evidence of how the election was corrupted. He then filed an emergency motion that sought access to Dominion machines in Georgia to “conduct a forensic inspection of this equipment and the data therein.” The case was eventually dismissed, but it would serve as a template for the series of high-profile lawsuits that Powell would file in Arizona, Michigan, Wisconsin and Georgia.

Salazar’s declaration was central to the four lawsuits, and it went further than the assertions he had made in the video. His claim that he could show “the similarity” between anomalies in Venezuelan and American elections expanded to become an allegation that “the DNA of every vote tabulating company’s software and system” in the United States was potentially compromised.

Wood told ProPublica, “I was not involved in the vetting, drafting or filing any of the lawsuits filed by Sidney Powell,” though his name appears as “of counsel” in all four. A judge sanctioned him in the Michigan case, writing that “while Wood now seeks to distance himself from this litigation to avoid sanctions, the Court concludes that he was aware of this lawsuit when it was filed, was aware that he was identified as co-counsel for Plaintiffs, and as a result, shares the responsibility with the other lawyers for any sanctionable conduct.”

All the lawsuits would fail, with judges excoriating the quality of their evidence. It wasn’t just the evidence in the lawsuits that was flawed. In fact, much of the evidence that members of the coalition contributed to the stolen election myth outside the courts was also weak. Yet the coalition’s failure to prove its theories has not hindered its ability to spread them.

This is the story of how little untruths added up to the “big lie.”

When Powell and Rudy Giuliani, who was leading the Trump campaign’s legal team in challenging the vote, began investigating election fraud in November 2020, they quickly were inundated with tips. This flood increased once Wood and others began soliciting evidence on far-right message boards and mainstream social media platforms.

Some of the participants at the plantation described the inundation of claims, which overwhelmed their inboxes, as a type of evidence in itself: There must be something to allegations of election fraud if so many people were making them. ProPublica spoke to eight sources with firsthand knowledge of the coalition’s efforts on the plantation, many of whom said they worked relentlessly in a chaotic environment. Tips that easily could have been dismissed as dubious instead were treated as credible.

In examining hundreds of emails sent to the plantation, ProPublica found that some were hearsay or anecdotes seemingly misinterpreting everyday events; others were internet rumors; and many were recycled narratives that some members of the coalition had pushed on social media. None of the tips that ProPublica examined provided concrete proof of election fraud or manipulation.

One of the first tips Powell and Giuliani promoted came from Joe Oltmann, a Denver-based conservative podcast host who said he had infiltrated an antifa conference call and had heard a high-level Dominion employee named Eric Coomer declare that he would make sure that Trump lost the election. Powell and Giuliani highlighted Oltmann’s claim at a press conference on Nov. 19, 2020, at the Republican National Committee headquarters.

By that time, Powell was paying for an investigator to travel to Denver, according to a person familiar with the events. The investigator, the source said, interviewed Oltmann at a brewery in Castle Rock, Colorado, and spent several days checking out his story. Not long after the press conference, according to the source, the investigator emailed Powell his assessment that Oltmann was at the very least embellishing, but she did not respond. Powell soon referred to Oltmann’s allegations in court filings in Georgia and Michigan; roughly a week later, she submitted an affidavit from Oltmann in the Arizona and Wisconsin lawsuits. Coomer has denied being on the call and has brought a defamation suit against Oltmann, Powell, Giuliani, the Trump campaign and others. Oltmann has never presented proof of Coomer being on the call, and in March 2022, the judge overseeing the defamation case sanctioned Oltmann, fining him almost $33,000 for failing to appear for a deposition. When Powell was asked in a July 2021 deposition if she had anyone look into Oltmann and “his background,” she said she did not recall. (Oltmann did not provide responses to questions about the investigator’s assessment.)

Within days of the investigator’s Oltmann probe, Powell turned to another dubious witness: Terpsehore Maras, a QAnon-promoting social media influencer and podcaster who goes by the online handle Tore Says.

In September 2020, in a civil consumer-fraud judgment in North Dakota, Maras had been found to have made false online charitable fundraising solicitations and to have created “an entirely fake online persona.” (Maras has claimed that the allegations against her remain “unproven” despite the legal finding and that “false identities were imperative for me to execute my duties,” which include being a “former private intelligence contractor, whistleblower, and investigative journalist.”)

Powell filed a declaration in early December 2020 from an anonymous individual in the Arizona and Wisconsin lawsuits. The individual claimed that there was “unambiguous evidence” that “foreign interference is present in the 2020 election” and pointed to a vast and unproven conspiracy that involved Dominion, George Soros, a company with an office in China, and the Clinton, George W. Bush, and Obama administrations. The Washington Post later identified the declaration’s author to be Maras.

In the weeks after the election, Maras presented herself to Byrne as knowledgeable about election fraud. But he discovered that she was unreliable after he had a team of investigators debrief her. Byrne and Maras said the debriefing occurred after Powell filed the declaration.

In an email to another witness he had debriefed, Byrne described the investigators’ assessment: “Tore was taken out and interviewed by some people I know from the intelligence community who are absolutely on our side. They came back telling me: ‘She knows some things and has been behind the curtain, but she also lies, exaggerates, deflects, changes subject rapidly trying to throw people off, and we cannot rely on her for anything factual because we caught her in too many lies and exaggerations over three hours.’” (“I tried my best to deceive” the debriefers, Maras wrote on her blog in response to questions from ProPublica. “I was scared.”)

Byrne has since repeatedly promoted Maras’ right-wing activism, as he does in this September 2021 video, some of which revolves around questioning the legitimacy of the election. (“She’s a friend and an ally, and I know that she’s a little goofy,” Byrne told ProPublica in an interview, explaining that he had recently been impressed by work she had done on their shared causes. “I think she has relevant knowledge.”)

Byrne, Powell and other coalition members weren’t just relying on witness statements in their effort to prove the election was rigged. Some of them also pointed to multiple mathematical analyses. One that Powell and Byrne advanced came from a man named Edward Solomon. In the weeks after Nov. 3, 2020, Solomon produced a series of online videos purporting to demonstrate how algorithms adjusted the vote total in Biden’s favor.

Before Byrne and Powell highlighted Solomon’s voting analysis, he came to public attention briefly in 2016, after authorities seized 240 bags of heroin, 25 grams of cocaine and weapons from his home; he later pleaded guilty to selling drugs. (Solomon did not respond to requests for comment.)

One person who coalition members entrusted to vet Solomon’s analysis was Seth Keshel, a former Army intelligence officer who was brought into the group by Flynn and who acknowledged to ProPublica that his mathematical expertise drew from “a long track record of baseball statistics.” In the end, his level of expertise didn’t matter; because of a server error, the emailed request to vet Solomon never reached Keshel, who said he had no memory of checking Solomon’s claims.

Byrne used Solomon’s analysis in his book, “The Deep Rig,” to make the case that the election was fraudulent. In February 2021, a month after the book was published, the University of Pennsylvania’s FactCheck.org reported that officials at the college Solomon had attended said that, though he had been a math major, he had never received a degree. The article quoted experts who pointed to flaws in Solomon’s analysis, especially that the “vote shares” he suggested were suspicious were “not at all surprising,” and a Georgia elections official who said that Solomon “shows a basic misunderstanding of how vote counts work.”

A paper posted that month by University of Chicago and Stanford researchers found that the numbers Solomon had said were suspicious were normal for a fraud-free election and that by not considering this, his analysis was a classic example of how “fishing for a finding” can “lead an argument astray.”

Byrne kept promoting Solomon’s work until at least July 2021, when he described him in a blog post as a “Renowned Mathematician.”

Five months after the FactCheck.org story and the research paper, Powell was asked in a sworn deposition which mathematicians or statisticians she relied on to support her belief that the election was fraudulent. She cited among others a “Mr. Solomon.”

In addition to relying on the flawed claims of Salazar, Oltmann, Maras and Solomon, Powell also promoted the assertions of an Arizona woman named Staci Burk, who had contributed to two fraud rumors after the election. In the first, Burk claimed that she’d spoken with a worker at a FedEx operations center in Seattle who had observed suspicious canvas bags marked as “election mail ballots” passing through the facility. The second involved a South Korean airplane flying fake ballots for Biden into Phoenix a few days after the election; Burk said that she had recorded a man who had confessed to the scheme.

A lawsuit that Powell filed in Arizona on Dec. 2, 2020, later included a “Jane Doe” witness who would “testify about illegal ballots being shipped around the United States including to Arizona.” Burk told ProPublica that she was the “Jane Doe.” The same day that Powell filed the Arizona lawsuit, she claimed at a rally outside of Atlanta to have evidence of “a plane full of ballots that came in,” and she continued pushing the idea, declaring in a Dec. 5 interview with the host of a YouTube channel, “We have evidence of a significant plane-load of ballots coming in.” The judge tossed the case before Burk could testify.

Burk’s theories proved false, and at least three coalition members were informed of this. Byrne said that he passed Burk’s claims to a contact at the Department of Homeland Security, who told him about a week later that it “had been looked into and there was nothing there.” This was in November 2020, before Powell filed her lawsuit. Byrne said that he let some of his associates know that Homeland Security had dismissed the claim but was unsure if he informed Powell. (He also said that later his contact showed renewed interest in the idea.)

In late December, James Penrose, a former senior official for the National Security Agency who had been at the plantation and described himself as working for Wood and Powell, called Burk and explained that he had spent $75,000 on a team of former FBI analysts turned private investigators to check out the theories. On the call, which she recorded, Penrose said that the investigators had tracked the claims about the South Korean airplane to the person who first made them. “When he was pressed, that guy admitted that he made it up because he hated the MAGA people that he worked with. And he was purposely trying to troll them by saying he saw ballots on the plane,” Penrose told Burk. “That created the rumor.” The man whom Burk recorded confessing to his involvement in the ballot scheme told Penrose’s investigators that in trying to impress Burk “he fabricated everything.”

“I mean, are you saying that it — that none of it’s true?” Burk asked. Penrose replied: “Yes. I’m saying that the entire thing was fabricated. It’s all bullshit.”

Penrose’s team had also checked out the Seattle FedEx incident, and he told Burk, “We’re not able to confirm anything that looked like conspiracy along those lines.”

Neither Penrose nor anyone associated with the coalition ever publicly released the findings of the investigation. (Penrose did not respond to requests for comment.)

Burk has since renounced her belief in the rumors she had once backed. “I obviously made a mistake believing lies,” Burk wrote to ProPublica. She said she had come to believe that some members of the coalition had manipulated her and her stories to further their ends. “As things unfolded over time, it became apparent I [was] used as a theatre set piece.”

Burk’s stories would shape the audit of the election results that Arizona legislators would later authorize — and which Byrne, Flynn, Powell, Wood and other associates helped fund, contributing about $5.7 million. The 2021 audit was criticized by elections experts and uncovered no proof of fraud.

“You have no idea how widespread the belief is in Arizona to this day that there’s 300,000 ballots that were brought in via an airplane,” said Doug Logan, a coalition member who worked with Penrose on the plantation and whose company Cyber Ninjas would run the audit. Logan said that Penrose told him that the woman’s theories were false. Still, Logan said, he had auditors examine ballots to check a range of theories, including whether bamboo fibers were mixed into the paper, which auditors believed could show that they were imported from Asia. “Our goal in the audit was to figure out what’s really true and deal with it,” Logan told ProPublica. “That’s why we did paper examination.”

No fibers were found.

Few pieces of evidence were more consequential to the stolen-election theory than a report that claimed to have found evidence of intentional election fraud in Dominion voting machines in Antrim County, Michigan. It was heralded as technical proof that votes were stolen for Biden. It was repeatedly promoted by the president. And Byrne and other proponents of the stolen election myth continued to refer to it when speaking to ProPublica reporters.

However, one of the authors of the report recently told ProPublica that the original version never found definitive evidence of election fraud in the Antrim voting machines.

“There was no proof at that specific moment,” the author, Conan James Hayes, said. He described finding what he considered a surprising number of errors in the data logs that he thought “could lead to” election fraud. “But there was no, like, ‘There was election fraud,’” he said, “at least at that time in my mind.”

Antrim had been the subject of national attention when, on election night, returns showed that Biden had unexpectedly won the Republican stronghold. The next day, the county clerk, a Republican who supported Trump, explained that officials had discovered that a clerical error had switched roughly 3,000 votes from the president to Biden. After the clerk’s office made corrections, Trump, as expected, had won the county with more than 60% of the vote.

Internal documents reviewed by ProPublica reveal that some members of the coalition almost immediately suspected that the mistake in Antrim was not human error. Rather, it was an incident in which the voting machine software hadn’t been surreptitious enough in stealing votes and unintentionally revealed itself. Their logic was simple: If they could do a forensic audit of the Antrim machines, they could finally establish how the election was stolen. The challenge was how to access the machines.

The day after Thanksgiving 2020, Byrne paid for a private plane to fly two cybersecurity specialists working with the coalition to Antrim: Hayes, a former professional surfer who had taught himself about computers, and Todd Sanders, a Texas businessman with a cybersecurity consulting business. Hayes and Sanders were turned away from the first two offices they tried, but at a third, a county worker agreed to unroll voting tabulation scrolls, which they photographed.

Highlighting discrepancies in the vote tally produced by the error, a Michigan lawyer won a court order to allow the machines to be formally accessed. On Dec. 6, Hayes, Sanders, a deputy for Giuliani and data forensic specialists engaged by Wood flew to Antrim, again on a private plane paid for by Byrne, and imaged the hard drives of a computer that was the county’s election management server.

Hayes and Sanders returned to Washington, where they examined the data and, in less than a week, assembled a report. Hayes and another individual familiar with the original version described it as a straightforward technical document, which noted aspects about the data that seemed suspicious but was cautious about claiming election fraud. Then the report was turned over to Russell J. Ramsland, the head of Allied Security Operations Group, a small security contracting company connected to Texas conservative circles.

When the report was released after a court hearing on Dec. 14, it was a very different document, according to Hayes and the other person familiar with the original version. It had “REVISED PRELIMINARY SUMMARY, v2” and Ramsland’s name at the top and his signature at the bottom, and it made an outright accusation. “The Dominion Voting System is intentionally and purposefully designed with inherent errors to create systemic fraud and influence election results,” it claimed. “This leads to voter or election fraud.” Allied Security, it said, had discovered enough proof of election fraud to decertify the results in Antrim.

Hayes’ and Sanders’ names were nowhere on the report. Hayes told ProPublica that the new “information must have been written by” Allied Security. (Sanders did not respond to repeated requests for comment.)

It wasn’t just people associated with the original report who believed Ramsland’s version was flawed. An analysis commissioned by the Michigan secretary of state found that the report contained an “extraordinary number of false, inaccurate, or unsubstantiated statements,” including that “the errors in the log file do not mean what Mr. Ramsland purports them to” and were instead “benign” lines of code generated by processes that did not affect the vote outcome. A bipartisan investigation led by Republican legislators in Michigan declared that the Antrim theories are “a complete waste of time to consider.” (Ramsland did not respond to ProPublica’s questions about revising the report. But he did tell The Washington Post that the Michigan analysis only addressed 12 of Allied Security’s 29 “core observations.”)

Trump supporters immediately seized on the report as definitive proof that the election was rigged. Flynn tweeted, “MI forensics report shows a massive breakdown in national security & must be dealt w/ immediately. @realDonaldTrump must appoint a special counsel now.” Byrne and Flynn lobbied for Powell to become the special counsel.

In a statement, Giuliani said: “This new revelation makes it clear that the vote count being presented now by the democrats in Michigan constitutes an intentionally false and misleading representation of the final vote tally. The Electors simply cannot be certified based on these demonstrably false vote counts.” (Giuliani did not respond to requests for comment.)

Byrne described the report as a “BOMBSHELL,” posting it on his blog under the claim: “You wanted the evidence. Here is the evidence.”

Trump tweeted: “WOW. This report shows massive fraud. Election changing result!” Over the next three days, on social media, he promoted the Antrim report and suspicions about Dominion voting machines 11 times.

Late on the afternoon of Dec. 14, Trump’s personal secretary sent an email to the deputy attorney general with the subject line “From POTUS.” The Antrim report was attached to the email. An additional document included talking points (“This is a Cover-up of voting crimes”) and conclusions (“these election results cannot be certified in Antrim County”). That email launched Trump’s attempt to persuade the Department of Justice to assist in overturning the election results, according to a 2021 report by Senate Democrats. In the end, the deputy attorney general rebuffed the president, and officials in the department threatened to resign en masse if he was replaced.

When Trump demanded that Georgia Secretary of State Brad Raffensperger “find 11,780 votes,” enough for him to win the state, in a recorded phone call on Jan. 2, the president mentioned the Dominion conspiracy 10 times.

At the Jan. 6 “Save America” rally on the Ellipse, directly before Trump spoke, Giuliani took the stage and suggested that halting the certification of Biden’s victory was justified because of “these crooked Dominion machines.”

Trump’s speech emphasized the “highly troubling matter of Dominion Voting Systems” and the events in Antrim to explain that the election had been stolen.

Not long after, while Trump supporters made their initial assault on police barricades, Republican Rep. Paul Gosar of Arizona was on the House floor objecting to the certification of his state’s electoral votes — the beginning of the effort to block the certification of Biden’s victory by Congress. He cited as evidence “the Dominion voting machines with a documented history of enabling fraud.” About a minute later, Gosar’s speech was interrupted and then cut off. The crowd was storming the Capitol. One person in the throng raised a sign that read, “No Machines Dominion STEALS.”

In the aftermath of the attack on the Capitol, many of the same people who had pushed the claims about Dominion repackaged their theory of how the election was stolen. It relied on the same data and the same arguments, except now it had a new name.

This transformation happened after Dominion’s parent company filed a lawsuit against Powell for defamation in a Washington court on Jan. 8. She and others began talking less about Dominion and more about voting machines in general. Dominion would go on to sue Byrne, Giuliani and others for billions of dollars in collective damages, contending that they promoted and in some cases manufactured false claims. The defendants have each denied responsibility or wrongdoing. (Smartmatic USA Corp. also brought defamation suits against Powell, Giuliani and others, all of whom have denied wrongdoing.)

By the summer of 2021, Hayes and Sanders, the two cybersecurity specialists who had performed the Antrim operation, had become involved in an effort to prove a theory called Hammer and Scorecard. The theory had been making the rounds in conservative circles for more than five years, and Powell had promoted it before the 2020 election. It posited that a supercomputer called Hammer had been developed by the CIA and then commandeered by the Obama administration to spy on Americans, including Trump, Flynn and Powell. Around the time of the election, the theory expanded to suggest that Hammer was using a software called Scorecard to alter results in voting machines and that foreign governments had possibly gotten ahold of it.

Part of the usefulness of Hammer and Scorecard is that built into the theory is an explanation for why it can’t be disproven: It is so top secret that the person who could expose the conspiracy can’t. That person is a former Department of Defense contractor named Dennis Montgomery. The people promoting the theory claim he can’t reveal the evidence because he’s under a gag order imposed by the U.S. government.

Phil Waldron, a former Army colonel, a spokesperson for Allied Security and a member of the coalition who worked remotely with those on the plantation, said in an online interview that if the gag order against Montgomery were lifted, “Specifically what that would reveal is the level of foreign interference in the election.”

Montgomery has been accused of fraud by former associates, though no criminal charges have resulted from those accusations. In the aftermath of 9/11, he allegedly duped the Department of Defense and other federal agencies out of more than $20 million in part by selling them software that he claimed could unearth messages to terrorist sleeper cells hidden in Al-Jazeera broadcasts. (It does not appear that the government ever attempted to get the money back.) Once those claims collapsed, allies of Montgomery began spreading the idea of Hammer. In 2018, a federal judge in the U.S. District Court for the District of Columbia dismissed a suit Montgomery had filed against FBI Director James B. Comey, which attempted to expose an alleged government spy program, calling it “a veritable anthology of conspiracy theorists’ complaints.” (Montgomery did not reply to repeated requests for comment, but in the past he has denied the fraud accusations.)

The person behind the 2021 campaign pushing Hammer and Scorecard was Mike Lindell, the My Pillow magnate who has claimed to have poured about $35 million into efforts to prove the 2020 election was fraudulent. In July 2021, Lindell announced that he had gotten hold of a mysterious set of data that would prove the election was stolen. According to sources and messages reviewed by ProPublica, the data related to Hammer and Scorecard, though Lindell didn’t publicly name the theory or refer to Montgomery.

Lindell said he would reveal the data at a three-day “cyber symposium” he was hosting in August 2021 in Sioux Falls, South Dakota. Reporters, cybersecurity experts and elected officials — as well as anyone tuning in online — would finally see the proof that the election was fraudulent. Lindell said that independent cybersecurity experts would vet 37 terabytes of data at the symposium and posted an online offer of a $5 million reward to any attendee who could prove that “this cyber data is not valid data from the November 2020 election.” The event, he suggested, would result in Trump being returned to the presidency.

In the run-up to the symposium, before the independent experts did their analysis, the data was given to a group that included Waldron, Hayes, Sanders and Joshua Merritt, a self-described “white hat” hacker — all of whom had been associated with Allied Security at one time or another. (They called themselves the “Red Team” but coordinated on a group chat named “Purple Unicorns.”) Also on the team was Ronald Watkins, who has been identified by two independent forensic linguistic analyses as “Q,” the anonymous figure behind the QAnon conspiracy theory. (Watkins has denied on numerous occasions that he is Q; he did not respond to requests for comment.) Private communications reviewed by ProPublica show that he was in contact with people at the plantation in November 2020, advising them on how to set up secure systems to transfer information and helping with research into the Dominion theory.

Soon after arriving at Sioux Falls, it became evident to the Red Team that the data Lindell had provided wasn’t what was promised. “I have checked them all and they are NOT PROOF,” Watkins wrote in a text message to the rest of the team. “So there are a few files that could potentially be from hammer/scorecard in there, but that is only because it didn’t include a source. Since there is no source, it could be from anywhere — or even fake.”

“At the 11th hour, why do we still have zero proof,” another person on the chat wrote, frustrated that Montgomery hadn’t delivered on his guarantees. “If this software does exist, and the developer” — Montgomery — “is working with us, it shouldn’t take him 10 months to figure out how to extract data” that would prove his assertions.

According to Merritt, when the Red Team tried to inform Lindell two nights before the symposium was to start that the data contained no proof, the CEO yelled at them that they were wrong.

For months leading up to the event, conservatives who believed that the 2020 election was stolen had warned Lindell or an attorney working with him that promoting Hammer and Scorecard risked discrediting other efforts to prove the election was rigged. Two people, including election fraud activist Catherine Engelbrecht, the executive director of True the Vote, cautioned that they had had negative experiences with Montgomery and his representatives and that Hammer and Scorecard wasn’t credible, according to documents viewed by ProPublica and interviews with people familiar with the matter.

On the eve of the symposium, the Red Team learned that Montgomery would not be attending; he said he had suffered a stroke. The final proof of election fraud, which he was supposed to deliver last minute, was no longer going to arrive.

The event drew hundreds of thousands of viewers online, with more than 40 state legislators and others gathering in person. Onstage with Lindell, Waldron explained that the Red Team had looked at the data and “we’ve seen plausibility” and that a separate group of independent analysts would now comb through it.

By the end of the third day, the independent analysts — longtime election security and computer experts, some skeptical of Lindell’s claims and others sympathetic — appeared to have reached a consensus: None of the data contained the proof that Lindell had promised, according to accounts from five of them. In fact, much of the data turned out to be from the Antrim voting machines or harvested from other elections offices and was just a recycling of evidence that had already been discredited.

The data “was some gobbledygook,” said Bill Alderson, a cybersecurity specialist from Texas who had voted for Trump. Merritt told ProPublica that he feared that the hollowness of the data undermined other, more legitimate efforts to prove the election was stolen. Partway through the symposium, The Washington Times quoted him saying that “we were handed a turd.”

Waldron and Lindell, however, did not inform the crowd and those online what the analysts had found. On the last day of the conference, Waldron claimed to have “credible information on a threat in the data streams,” implying the evidence could have been sabotaged.

The day after the symposium ended — the day he had suggested that Trump would be returned to office — Lindell dined with the former president at Mar-a-Lago, a photo of which was leaked to Salon. At a rally, not long after, Trump called the symposium “really amazing,” and he has continued to praise Lindell’s efforts on his behalf. Lindell did not respond to a list of questions from ProPublica and instead wrote, “The election crime movement started November 3rd when the CCP” — the Chinese Communist Party — “and many others did a cyber attack on our election!”

In March 2022, ProPublica sent dozens of letters to the individuals named in this article and others that asked about factual problems with the evidence many had put forth as proof that the election was rigged.

Some of the responses were dismissive. “Stupid article,” wrote Michael T. Flynn’s spokesperson and brother, Joseph J. Flynn. “No one we care about will read it.”

Others contested the article’s findings. Russell J. Ramsland wrote, “So much of this narrative is false or highly misleading that I am not willing to respond point-by-point.”

Despite repeated requests, others did not respond. They include Sidney Powell, James Penrose, Phil Waldron and Todd Sanders.

Some, like Doug Logan, disputed that they had worked as part of a coalition. Others, however, felt it was an accurate description. “I was a member of said coalition,” wrote Seth Keshel.

“‘Coalition’ may not be the right word,” wrote Patrick Byrne, who said that he has spent $12 million on “election integrity” efforts through early 2022, often working in close coordination with Flynn. “We think of it as a network of fellow-travelers who were all volunteering to work to expose what we believed was a rigging of the election on November 3. But I can live with ‘coalition.’” Messages and documents reviewed by ProPublica reveal that the named individuals were in closer contact than has been publicly known, especially in the weeks immediately following the election.

On the whole, coalition members who responded to ProPublica doubled down on their belief in the stolen election myth. “I’ve not wavered on this,” Keshel emailed ProPublica. “I can spend hours with you showing you point after point after point to demand full investigation of this.” The single exception was Conan James Hayes, who wrote to ProPublica: “I don’t believe anything until I have all of the information to analyze, which to this point I do not have. So I can’t say either way.”

Over the course of months, Byrne acted as a champion of sorts for the coalition’s ideas, making himself available for numerous interviews and message exchanges. He also sent a 16,000-word letter in response to more than 80 fact-checking questions.

When presented with evidence that some of his past claims had proven incorrect, he acknowledged that there were instances when he and his allies had been wrong, especially when they were trying to interpret shifting information in the weeks after the election. He downplayed the weight they had put on claims about Dominion voting machines being exploited by foreign governments, though their own court filings and public statements from the time show this was their major claim. “I think that it’s picking at nits to look back at some of the stuff,” he said. He defended the coalition, saying, “I think they got the gestalt of it correct.”

Don’t pay attention, Byrne argued, to the many parts of the Antrim report that a technical expert commissioned by the Michigan secretary of state had debunked. (These errors included Allied Security’s central contention that Dominion machines were “purposefully designed” to create “systemic fraud” through a process known as “adjudication.” The machines in question did not have the “adjudication” software installed, according to the Michigan analysis.) Instead, Byrne stressed that what was now important was the claim that the voting machines’ security logs only went back to the day after the election, making it impossible to rely on any data on them. (The Michigan secretary of state expert found that logs were automatically overwritten to free up memory and that “the timing appears to be a coincidence,” though it said that having a limited amount of memory “is contrary to best practice.”)

Dominion voting machines, South Korean jets and Dennis Montgomery, Byrne suggested, weren’t central to the case. He repeatedly turned the conversation toward newer arguments for election fraud. He highlighted a March 2021 interim election audit report from a special counsel hired by Republican legislators in Wisconsin. The report’s primary claim was that a nonprofit had engaged in “election bribery” by providing funds to boost voter turnout in five urban areas, where voters are disproportionately Democratic. The special counsel raised the possibility that the report’s findings were serious enough that Biden’s victory in the state could be decertified. (A federal judge in October 2020 rejected the argument that the nonprofit’s work was illegal, and courts have repeatedly come to the same conclusion.)

Byrne continued to bring up new, supposedly bombshell claims. In his letter to ProPublica, he promoted a forthcoming documentary called “2000 Mules” by conservative activist Dinesh D’Souza that alleged that thousands of shadowy operatives filled drop boxes across the nation with ballots marked for Biden. “Videotapes of drop boxes, cell phone tower pings, and the testimony of a whistleblower,” Byrne wrote, “all point to about one million votes being stuffed” in Georgia.

There was always another report. Another debunking of the debunking.

Byrne acknowledged that no single piece of smoking gun evidence of election fraud had emerged, but he argued that the breadth of evidence that he and those with similar views had assembled made it inconceivable that elections weren’t corrupted.

What he was doing was necessary to save American democracy, Byrne had concluded. He was sure of it. “I’ve got my cards. You got your cards,” he said. “I’ll go all in.”

The stolen election myth inspired thousands of Trump supporters to take over local elections on Bannon's call

This was first published by ProPublica, a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

One of the loudest voices urging Donald Trump's supporters to push for overturning the presidential election results was Steve Bannon. “We're on the point of attack," Bannon, a former Trump adviser and far-right nationalist, pledged on his popular podcast on Jan. 5. “All hell will break loose tomorrow." The next morning, as thousands massed on the National Mall for a rally that turned into an attack on the Capitol, Bannon fired up his listeners: “It's them against us. Who can impose their will on the other side?"

When the insurrection failed, Bannon continued his campaign for his former boss by other means. On his “War Room" podcast, which has tens of millions of downloads, Bannon said President Trump lost because the Republican Party sold him out. “This is your call to action," Bannon said in February, a few weeks after Trump had pardoned him of federal fraud charges.

The solution, Bannon announced, was to seize control of the GOP from the bottom up. Listeners should flood into the lowest rung of the party structure: the precincts. “It's going to be a fight, but this is a fight that must be won, we don't have an option," Bannon said on his show in May. “We're going to take this back village by village … precinct by precinct."

Precinct officers are the worker bees of political parties, typically responsible for routine tasks like making phone calls or knocking on doors. But collectively, they can influence how elections are run. In some states, they have a say in choosing poll workers, and in others they help pick members of boards that oversee elections.

After Bannon's endorsement, the “precinct strategy" rocketed across far-right media. Viral posts promoting the plan racked up millions of views on pro-Trump websites, talk radio, fringe social networks and message boards, and programs aligned with the QAnon conspiracy theory.

Suddenly, people who had never before showed interest in party politics started calling the local GOP headquarters or crowding into county conventions, eager to enlist as precinct officers. They showed up in states Trump won and in states he lost, in deep-red rural areas, in swing-voting suburbs and in populous cities.

In Wisconsin, for instance, new GOP recruits are becoming poll workers. County clerks who run elections in the state are required to hire parties' nominees. The parties once passed on suggesting names, but now hardline Republican county chairs are moving to use those powers.

“We're signing up election inspectors like crazy right now," said Outagamie County party chair Matt Albert, using the state's formal term for poll workers. Albert, who held a “Stop the Steal" rally during Wisconsin's November recount, said Bannon's podcast had played a role in the burst of enthusiasm.

ProPublica contacted GOP leaders in 65 key counties, and 41 reported an unusual increase in signups since Bannon's campaign began. At least 8,500 new Republican precinct officers (or equivalent lowest-level officials) joined those county parties. We also looked at equivalent Democratic posts and found no similar surge.

“I've never seen anything like this, people are coming out of the woodwork," said J.C. Martin, the GOP chairman in Polk County, Florida, who has added 50 new committee members since January. Martin had wanted congressional Republicans to overturn the election on Jan. 6, and he welcomed this wave of like-minded newcomers. “The most recent time we saw this type of thing was the tea party, and this is way beyond it."

Bannon, through a spokesperson, declined to comment.

While party officials largely credited Bannon's podcast with driving the surge of new precinct officers, it's impossible to know the motivations of each new recruit. Precinct officers are not centrally tracked anywhere, and it was not possible to examine all 3,000 counties nationwide. ProPublica focused on politically competitive places that were discussed as targets in far-right media.

The tea party backlash to former President Barack Obama's election foreshadowed Republican gains in the 2010 midterm. Presidential losses often energize party activists, and it would not be the first time that a candidate's faction tried to consolidate control over the party apparatus with the aim of winning the next election.

What's different this time is an uncompromising focus on elections themselves. The new movement is built entirely around Trump's insistence that the electoral system failed in 2020 and that Republicans can't let it happen again. The result is a nationwide groundswell of party activists whose central goal is not merely to win elections but to reshape their machinery.

“They feel President Trump was rightfully elected president and it was taken from him," said Michael Barnett, the GOP chairman in Palm Beach County, Florida, who has enthusiastically added 90 executive committee members this year. “They feel their involvement in upcoming elections will prevent something like that from happening again."

It has only been a few months — too soon to say whether the wave of newcomers will ultimately succeed in reshaping the GOP or how they will affect Republican prospects in upcoming elections. But what's already clear is that these up-and-coming party officers have notched early wins.

In Michigan, one of the main organizers recruiting new precinct officers pushed for the ouster of the state party's executive director, who contradicted Trump's claim that the election was stolen and who later resigned. In Las Vegas, a handful of Proud Boys, part of the extremist group whose members have been charged in attacking the Capitol, supported a bid to topple moderates controlling the county party — a dispute that's now in court.

In Phoenix, new precinct officers petitioned to unseat county officials who refused to cooperate with the state Senate Republicans' “forensic audit" of 2020 ballots. Similar audits are now being pursued by new precinct officers in Michigan and the Carolinas. Outside Atlanta, new local party leaders helped elect a state lawmaker who championed Georgia's sweeping new voting restrictions.

And precinct organizers are hoping to advance candidates such as Matthew DePerno, a Michigan attorney general hopeful who Republican state senators said in a report had spread “misleading and irresponsible" misinformation about the election, and Mark Finchem, a member of the Oath Keepers militia who marched to the Capitol on Jan. 6 and is now running to be Arizona's top elections official. DePerno did not respond to requests for comment, and Finchem asked for questions to be sent by email and then did not respond. Finchem has said he did not enter the Capitol or have anything to do with the violence. He has also said the Oath Keepers are not anti-government.

When Bannon interviewed Finchem on an April podcast, he wrapped up a segment about Arizona Republicans' efforts to reexamine the 2020 results by asking Finchem how listeners could help. Finchem answered by promoting the precinct strategy. “The only way you're going to see to it this doesn't happen again is if you get involved," Finchem said. “Become a precinct committeeman."

Some of the new precinct officers were in the crowd that marched to the Capitol on Jan. 6, according to interviews and social media posts; one Texas precinct chair was arrested for assaulting police in Washington. He pleaded not guilty. Many of the new activists have said publicly that they support QAnon, the online conspiracy theory that believes Trump was working to root out a global child sex trafficking ring. Organizers of the movement have encouraged supporters to bring weapons to demonstrations. In Las Vegas and Savannah, Georgia, newcomers were so disruptive that they shut down leadership elections.

“They're not going to be welcomed with open arms," Bannon said, addressing the altercations on an April podcast. “But hey, was it nasty at Lexington?" he said, citing the opening battle of the American Revolution. “Was it nasty at Concord? Was it nasty at Bunker Hill?"

Bannon plucked the precinct strategy out of obscurity. For more than a decade, a little-known Arizona tea party activist named Daniel J. Schultz has been preaching the plan. Schultz failed to gain traction, despite winning a $5,000 prize from conservative direct-mail pioneer Richard Viguerie in 2013 and making a 2015 pitch on Bannon's far-right website, Breitbart. Schultz did not respond to repeated requests for comment.

In December, Schultz appeared on Bannon's podcast to argue that Republican-controlled state legislatures should nullify the election results and throw their state's Electoral College votes to Trump. If lawmakers failed to do that, Bannon asked, would it be the end of the Republican Party? Not if Trump supporters took over the party by seizing precinct posts, Schultz answered, beginning to explain his plan. Bannon cut him off, offering to return to the idea another time.

That time came in February. Schultz returned to Bannon's podcast, immediately preceding Mike Lindell, the MyPillow CEO who spouts baseless conspiracy theories about the 2020 election.

“We can take over the party if we invade it," Schultz said. “I can't guarantee you that we'll save the republic, but I can guarantee you this: We'll lose it if we conservatives don't take over the Republican Party."

Bannon endorsed Schultz's plan, telling “all the unwashed masses in the MAGA movement, the deplorables" to take up this cause. Bannon said he had more than 400,000 listeners, a count that could not be independently verified.

Bannon brought Schultz back on the show at least eight more times, alongside guests such as embattled Florida congressman Matt Gaetz, a leading defender of people jailed on Capitol riot charges.

The exposure launched Schultz into a full-blown far-right media tour. In February, Schultz spoke on a podcast with Tracy “Beanz" Diaz, a leading popularizer of QAnon. In an episode titled “THIS Is How We Win," Diaz said of Schultz, “I was waiting, I was wishing and hoping for the universe to deliver someone like him."

Schultz himself calls QAnon “a joke." Nevertheless, he promoted his precinct strategy on at least three more QAnon programs in recent months, according to Media Matters, a Democratic-aligned group tracking right-wing content. “I want to see many of you going and doing this," host Zak Paine said on one of the shows in May.

Schultz's strategy also got a boost from another prominent QAnon promoter: former National Security Adviser Michael Flynn, who urged Trump to impose martial law and “rerun" the election. On a May online talk show, Flynn told listeners to fill “thousands of positions that are vacant at the local level."

Precinct recruitment is now “the forefront of our mission" for Turning Point Action, according to the right-wing organization's website. The group's parent organization bussed Trump supporters to Washington for Jan. 6, including at least one person who was later charged with assaulting police. He pleaded not guilty. In July, Turning Point brought Trump to speak in Phoenix, where he called the 2020 election “the greatest crime in history." Outside, red-capped volunteers signed people up to become precinct chairs.

Organizers from around the country started huddling with Schultz for weekly Zoom meetings. The meetings' host, far-right blogger Jim Condit Jr. of Cincinnati, kicked off a July call by describing the precinct strategy as the last alternative to violence. “It's the only idea," Condit said, “unless you want to pick up guns like the Founding Fathers did in 1776 and start to try to take back our country by the Second Amendment, which none of us want to do."

By the next week, though, Schultz suggested the new precinct officials might not stay peaceful. Schultz belonged to a mailing list for a group of military, law enforcement and intelligence veterans called the “1st Amendment Praetorian" that organizes security for Flynn and other pro-Trump figures. Back in the 1990s, Schultz wrote an article defending armed anti-government militias like those involved in that decade's deadly clashes with federal agents in Ruby Ridge, Idaho, and Waco, Texas.

“Make sure everybody's got a baseball bat," Schultz said on the July strategy conference call, which was posted on YouTube. “I'm serious about this. Make sure you've got people who are armed."

The sudden demand for low-profile precinct positions baffled some party leaders. In Fort Worth, county chair Rick Barnes said numerous callers asked about becoming a “precinct committeeman," quoting the term used on Bannon's podcast. That suggested that out-of-state encouragement played a role in prompting the calls, since Texas's term for the position is “precinct chair." Tarrant County has added 61 precinct chairs this year, about a 24% increase since February. “Those podcasts actually paid off," Barnes said.

For weeks, about five people a day called to become precinct chairs in Outagamie County, Wisconsin, southwest of Green Bay. Albert, the county party chair, said he would explain that Wisconsin has no precinct chairs, but newcomers could join the county party — and then become poll workers. “We're trying to make sure that our voice is now being reinserted into the process," Albert said.

Similarly, the GOP in Cumberland County, Pennsylvania, is fielding a surge of volunteers for precinct committee members, but also for election judges or inspectors, which are party-affiliated elected positions in that state. “Who knows what happened on Election Day for real," county chair Lou Capozzi said in an interview. The county GOP sent two busloads of people to Washington for Jan. 6 and Capozzi said they stayed peaceful. “People want to make sure elections remain honest."

Elsewhere, activists inspired by the precinct strategy have targeted local election boards. In DeKalb County, east of Atlanta, the GOP censured a long-serving Republican board member who rejected claims of widespread fraud in 2020. To replace him, new party chair Marci McCarthy tapped a far-right activist known for false, offensive statements. The party nominees to the election board have to be approved by a judge, and the judge in this case rejected McCarthy's pick, citing an “extraordinary" public outcry. McCarthy defended her choice but ultimately settled for someone less controversial.

In Raleigh, North Carolina, more than 1,000 people attended the county GOP convention in March, up from the typical 300 to 400. The chair they elected, Alan Swain, swiftly formed an “election integrity committee" that's lobbying lawmakers to restrict voting and audit the 2020 results. “We're all about voter and election integrity," Swain said in an interview.

In the rural western part of the state, too, a wave of people who heard Bannon's podcast or were furious about perceived election fraud swept into county parties, according to the new district chair, Michele Woodhouse. The district's member of Congress, Rep. Madison Cawthorn, addressed a crowd at one county headquarters on Aug. 29, at an event that included a raffle for a shotgun.

“If our election systems continue to be rigged and continue to be stolen, it's going to lead to one place, and it's bloodshed," Cawthorn said, in remarks livestreamed on Facebook, shortly after holding the prize shotgun, which he autographed. “That's right," the audience cheered. Cawthorn went on, “As much as I'm willing to defend our liberty at all costs, there's nothing that I would dread doing more than having to pick up arms against a fellow American, and the way we can have recourse against that is if we all passionately demand that we have election security in all 50 states."

After Cawthorn referred to people arrested on Jan. 6 charges as “political hostages," someone asked, “When are you going to call us to Washington again?" The crowd laughed and clapped as Cawthorn answered, “We are actively working on that one."

Schultz has offered his own state of Arizona as a proof of concept for how precinct officers can reshape the party. The result, Schultz has said, is actions like the state Senate Republicans' “forensic audit" of Maricopa County's 2020 ballots. The “audit," conducted by a private firm with no experience in elections and whose CEO has spread conspiracy theories, has included efforts to identify fraudulent ballots from Asia by searching for traces of bamboo. Schultz has urged activists demanding similar audits in other states to start by becoming precinct officers.

“Because we've got the audit, there's very heightened and intense public interest in the last campaign, and of course making sure election laws are tightened," said Sandra Dowling, a district chair in northwest Maricopa and northern Yuma County whose precinct roster grew by 63% in less than six months. Though Dowling says some other district chairs screen their applicants, she doesn't. “I don't care," she said.

One chair who does screen applicants is Kathy Petsas, a lifelong Republican whose district spans Phoenix and Paradise Valley. She also saw applications explode earlier this year. Many told her that Schultz had recruited them, and some said they believed in QAnon. “Being motivated by conspiracy theories is no way to go through life, and no way for us to build a high-functioning party," Petsas said. “That attitude can't prevail."

As waves of new precinct officers flooded into the county party, Petsas was dismayed to see some petitioning to recall their own Republican county supervisors for refusing to cooperate with the Senate GOP's audit.

“It is not helpful to our democracy when you have people who stand up and do the right thing and are honest communicators about what's going on, and they get lambasted by our own party," Petsas said. “That's a problem."

This spring, a team of disaffected Republican operatives put Schultz's precinct strategy into action in South Carolina, a state that plays an outsize role in choosing presidents because of its early primaries. The operatives' goal was to secure enough delegates to the party's state convention to elect a new chair: far-right celebrity lawyer Lin Wood.

Wood was involved with some of the lawsuits to overturn the presidential election that courts repeatedly ruled meritless, or even sanctionable. After the election, Wood said on Bannon's podcast, “I think the audience has to do what the people that were our Founding Fathers did in 1776." On Twitter, Wood called for executing Vice President Mike Pence by firing squad. Wood later said it was “rhetorical hyperbole," but that and other incendiary language got him banned from mainstream social media. He switched to Telegram, an encrypted messaging app favored by deplatformed right-wing influencers, amassing roughly 830,000 followers while repeatedly promoting the QAnon conspiracy theory.

Asked for comment about his political efforts, Wood responded, “Most of your 'facts' are either false or misrepresent the truth." He declined to cite specifics.

Typically, precinct meetings were “a yawner," according to Mike Connett, a longtime party member in Horry County, best known for its popular beach towns. But in April, Connett and other establishment Republicans were caught off guard when 369 people, many of them newcomers, showed up for the county convention in North Myrtle Beach. Connett lost a race for a leadership role to Diaz, the prominent QAnon supporter, and Wood's faction captured the county's other executive positions plus 35 of 48 delegate slots, enabling them to cast most of the county's votes for Wood at the state convention. “It seemed like a pretty clean takeover," Connett told ProPublica.

In Greenville, the state's most populous county, Wood campaign organizers Jeff Davis and Pressley Stutts mobilized a surge of supporters at the county convention — about 1,400 delegates, up from roughly 550 in 2019 — and swept almost all of the 79 delegate positions. That gave Wood's faction the vast majority of the votes in two of South Carolina's biggest delegations.

Across the state, the precinct strategy was contributing to an unprecedented surge in local party participation, according to data provided by a state GOP spokeswoman. In 2019, 4,296 people participated. This year, 8,524 did.

“It's a prairie fire down there in Greenville, South Carolina, brought on by the MAGA posse," Bannon said on his podcast.

Establishment party leaders realized they had to take Wood's challenge seriously. The incumbent chair, Drew McKissick, had Trump's endorsement three times over — including twice after Wood entered the race. But Wood fought back by repeatedly implying that McKissick and other prominent state Republicans were corrupt and involved in various conspiracies that seemed related to QAnon. The race became heated enough that after one event, Wood and McKissick exchanged angry words face-to-face.

Wood's rallies were raucous affairs packed with hundreds of people, energized by right-wing celebrities like Flynn and Lindell. In interviews, many attendees described the events as their first foray into politics, sometimes referencing Schultz and always citing Trump's stolen election myth. Some said they'd resort to violence if they felt an election was stolen again.

Wood's campaign wobbled in counties that the precinct strategy had not yet reached. At the state convention in May, Wood won about 30% of the delegates, commanding Horry, Greenville and some surrounding counties, but faltering elsewhere. A triumphant McKissick called Wood's supporters “a fringe, rogue group" and vowed to turn them into a “leper colony" by building parallel Republican organizations in their territory.

But Wood and his partisans did not act defeated. The chairmanship election, they argued, was as rigged as the 2020 presidential race. Wood threw a lavish party at his roughly 2,000-acre low-country estate, secured by armed guards and surveillance cameras. From a stage fit for a rock concert on the lawn of one of his three mansions, Wood promised the fight would continue.

Diaz and her allies in Horry County voted to censure McKissick. The county's longtime Republicans tried, but failed, to oust Diaz and her cohort after one of the people involved in drafting Wood tackled a protester at a Flynn speech in Greenville. (This incident, the details of which are disputed, prompted Schultz to encourage precinct strategy activists to arm themselves.) Wood continued promoting the precinct strategy to his Telegram followers, and scores replied that they were signing up.

In late July, Stutts and Davis forced out Greenville County GOP's few remaining establishment leaders, claiming that they had cheated in the first election. Then Stutts, Davis and an ally won a new election to fill those vacant seats. “They sound like Democrats, right?" Bannon asked Stutts in a podcast interview. Stutts replied, “They taught the Democrats how to cheat, Steve."

Stutts' group quickly pushed for an investigation of the 2020 presidential election, planning a rally featuring Davis and Wood at the end of August, and began campaigning against vaccine and school mask mandates. “I prefer dangerous freedom over peaceful slavery," Stutts had previously posted on Facebook, quoting Thomas Jefferson. Stutts continued posting messages skeptical of vaccine and mask mandates even after he entered the hospital with a severe case of COVID-19. He died on Aug. 19.

The hubbub got so loud inside the Cobb County, Georgia, Republican headquarters that it took several shouts and whistles to get everyone's attention. It was a full house for Salleigh Grubbs' first meeting as the county's party chair. Grubbs ran on a vow to “clean house" in the election system, highlighting her December testimony to state lawmakers in which she raised unsubstantiated fraud allegations. Supporters praised Grubbs' courage for following a truck she suspected of being used in a plot to shred evidence. She attended Trump's Jan. 6 rally as a VIP. She won the chairmanship decisively at an April county convention packed with an estimated 50% first-time participants.

In May, Grubbs opened her first meeting by asking everyone munching on bacon and eggs to listen to her recite the Gettysburg Address. “Think of the battle for freedom that Americans have before them today," Grubbs said. “Those people fought and died so that you could be the precinct chair." After the reading, first-time precinct officers stood for applause and cheers.

Their work would start right away: putting up signs, making calls and knocking on doors for a special election for the state House. The district had long leaned Republican, but after the GOP's devastating losses up and down the ballot in 2020, they didn't know what to expect.

“There's so many people out there that are scared, they feel like their vote doesn't count," Cooper Guyon, a 17-year-old right-wing podcaster from the Atlanta area who speaks to county parties around the state, told the Cobb Republicans in July. The activists, he said, need to “get out in these communities and tell them that we are fighting to make your vote count by passing the Senate bill, the election-reform bills that are saving our elections in Georgia."

Of the field's two Republicans, Devan Seabaugh took the strongest stance in favor of Georgia's new law restricting ways to vote and giving the Republican-controlled Legislature more power over running elections. “The only people who may be inconvenienced by Senate Bill 202 are those intent on committing fraud," he wrote in response to a local newspaper's candidate questionnaire.

Seabaugh led the June special election and won a July runoff. Grubbs cheered the win as a turning point. “We are awake. We are preparing," she wrote on Facebook. “The conservative citizens of Cobb County are ready to defend our ballots and our county."

Newcomers did not meet such quick success everywhere. In Savannah, a faction crashed the Chatham County convention with their own microphone, inspired by Bannon's podcast to try to depose the incumbent party leaders who they accused of betraying Trump. Party officers blocked the newcomers' candidacies, saying they weren't officially nominated. Shouting erupted, and the meeting adjourned without a vote. Then the party canceled its districtwide convention.

The state party ultimately sided with the incumbent leaders. District chair Carl Smith said the uprising is bound to fail because the insurgents are mistaken in believing that he and other local leaders didn't fight hard enough for Trump.

“You can't build a movement on a lie," Smith said.

In Michigan, activists who identify with a larger movement working against Republicans willing to accept Trump's loss have captured the party leadership in about a dozen counties. They're directly challenging state party leaders, who are trying to harness the grassroots energy without indulging demands to keep fighting over the last election.

Some of the takeovers happened before the rise of the precinct strategy. But the activists are now organizing under the banner “Precinct First" and holding regular events, complete with notaries, to sign people up to run for precinct delegate positions.

“We are reclaiming our party," Debra Ell, one of the organizers, told ProPublica. “We're building an 'America First' army."

Under normal rules, the wave of new precinct delegates could force the party to nominate far-right candidates for key state offices. That's because in Michigan, party nominees for attorney general, secretary of state and lieutenant governor are chosen directly by party delegates rather than in public primaries. But the state party recently voted to hold a special convention earlier next year, which should effectively lock in candidates before the new, more radical delegates are seated.

Activist-led county parties including rural Hillsdale and Detroit-area Macomb are also censuring Republican state legislators for issuing a June report on the 2020 election that found no evidence of systemic fraud and no need for a reexamination of the results like the one in Arizona. (The censures have no enforceable impact beyond being a public rebuke of the politicians.) At the same time, county party leaders in Hillsdale and elsewhere are working on a ballot initiative to force an Arizona-style election review.

Establishment Republicans have their own idea for a ballot initiative — one that could tighten rules for voter ID and provisional ballots while sidestepping the Democratic governor's veto. If the initiative collects hundreds of thousands of valid signatures, it would be put to a vote by the Republican-controlled state Legislature. Under a provision of the state constitution, the state Legislature can adopt the measure and it can't be vetoed.

State party leaders recently reached out to the activists rallying around the rejection of the presidential election results, including Hillsdale Republican Party Secretary Jon Smith, for help. Smith, Ell and others agreed to join the effort, the two activists said.

“This empowers them," Jason Roe, the state party executive director whose ouster the activists demanded because he said Trump was responsible for his own loss, told ProPublica. Roe resigned in July, citing unrelated reasons. “It's important to get them focused on change that can actually impact" future elections, he said, “instead of keeping their feet mired in the conspiracy theories of 2020."

Jesse Law, who ran the Trump campaign's Election Day operations in Nevada, sued the Democratic electors, seeking to declare Trump the winner or annul the results. The judge threw out the case, saying Law's evidence did not meet “any standard of proof," and the Nevada Supreme Court agreed. When the Electoral College met in December, Law stood outside the state capitol to publicly cast mock votes for Trump.

This year, Law set his sights on taking over the Republican Party in the state's largest county, Clark, which encompasses Las Vegas. He campaigned on the precinct strategy, promising 1,000 new recruits. His path to winning the county chairmanship — just like Stutts' team in South Carolina, and Grubbs in Cobb County, Georgia — relied on turning out droves of newcomers to flood the county party and vote for him.

In Law's case, many of those newcomers came through the Proud Boys, the all-male gang affiliated with more than two dozen people charged in the Capitol riot. The Las Vegas chapter boasted about signing up 500 new party members (not all of them belonging to the Proud Boys) to ensure their takeover of the county party. After briefly advancing their own slate of candidates to lead the Clark GOP, the Proud Boys threw their support to Law. They also helped lead a state party censure of Nevada's Republican secretary of state, who rejected the Trump campaign's baseless claims of fraudulent ballots.

Law, who did not respond to repeated requests for comment, has declined to distance himself from the Las Vegas Proud Boys, citing Trump's “stand back and stand by" remark at the September 2020 presidential debate. “When the president was asked if he would disavow, he said no," Law told an independent Nevada journalist in July. “If the president is OK with that, I'm going to take the presidential stance."

The outgoing county chair, David Sajdak, canceled the first planned vote for his successor. He said he was worried the Proud Boys would resort to violence if their newly recruited members, who Sajdak considered illegitimate, weren't allowed to vote.

Sajdak tried again to hold a leadership vote in July, with a meeting in a Las Vegas high school theater, secured by police. But the crowd inside descended into shouting, while more people tried to storm past the cops guarding the back entrance, leading to scuffles. “Let us in! Let us in!" some chanted. Riling them up was at least one Proud Boy, according to multiple videos of the meeting.

At the microphone, Sajdak was running out of patience. “I'm done covering for you awful people," he bellowed. Unable to restore order, Sajdak ended the meeting without a vote and resigned a few hours later. He'd had enough.

“They want to create mayhem," Sajdak said.

Soon after, Law's faction held their own meeting at a hotel-casino and overwhelmingly voted for Law as county chairman. Nevada Republican Party Chairman Michael McDonald, a longtime ally of Law who helped lead Trump's futile effort to overturn the Nevada results, recognized Law as the new county chair and promoted a fundraiser to celebrate. The existing county leaders sued, seeking a court order to block Law's “fraudulent, rogue election." The judge preliminarily sided with the moderates, but told them to hold off on their own election until a court hearing in September.

To Sajdak, agonizing over 2020 is pointless because “there's no mechanism for overturning an election." Asked if Law's allies are determined to create one, Sajdak said: “It's a scary thought, isn't it."

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