If there is a single idea that President Donald Trump holds with conviction, it is that the 2020 election was stolen.
Millions of Americans agree with him. How it was stolen, and by whom, is still being investigated six years later. That is a problem, because another national election arrives this fall, and Americans deserve an answer as to whether the way we now conduct elections can actually produce honest results.
Normal legislative remedies have failed. Congress has not passed the SAVE Act to ensure that only citizens vote, nor does it appear likely it will. It has done nothing about mass mail-in balloting or the vulnerabilities of electronic voting systems. Yet these are precisely the parts of the system that millions of Americans no longer trust — and for good reason.
The notion that the federal government has no role in federal elections is plainly wrong.
Consider what happened this past April. Treasury Secretary Scott Bessent and Federal Reserve Chairman Jerome Powell summoned the chief executives of America’s largest banks to an unannounced meeting, alarmed by a new artificial-intelligence model capable of finding and exploiting security flaws faster than any human defender could patch them.
If the men charged with protecting the nation’s financial system feel compelled to convene Wall Street on short notice over what artificial intelligence now makes possible, our election systems — built with similar computer technology but with far less security — are open to the same threat and worse.
Our electronic voting systems
For most of American history, Americans voted on paper ballots, counted by human beings, watched by other human beings. Electronic voting promised speed and accuracy. What it delivered is elections that take weeks instead of a day, accuracy that is openly in doubt, and a counting process that has lost the transparency a republic requires.
Citing proprietary software, the major vendors have become black boxes. The public is told to trust the output. Oversight is inadequate, and skepticism is the rational response.
The deeper problem is the very idea that voting and tabulation should be done electronically. The major suppliers — Election Systems & Software, Dominion Voting Systems (now Liberty Vote), and Hart InterCivic — all record and tabulate American votes on networked digital equipment running proprietary software. The vulnerability is, in part, that many of the electronic components are made in communist China. But even if all the components were made in the United States, they are not immune to a remote intrusion, a firmware exploit, or a software supply-chain attack.
The vulnerability is the architecture itself: an opaque, software-driven counting process exposed, directly or indirectly, to any determined bad actor, most especially a nation-state adversary. That is not a vulnerability at the margin. It is a structural compromise of the most sensitive function of self-government.
This is not theoretical. The People’s Liberation Army fields a cyber force approaching one million men, and American critical infrastructure is one of its principal targets. In 2019, federal officials seized a Chinese-built power transformer destined for Colorado; analysis at Sandia National Laboratory revealed what appeared to be a hardware back door enabling remote disablement.
In 2023, Microsoft identified Volt Typhoon, a Chinese campaign pre-positioning malware inside U.S. critical infrastructure to enable sabotage. To imagine that our election systems are immune to the same treatment is folly, more so now that the aforementioned use of artificial intelligence has become another weapon in the adversary’s arsenal.
Some will point to the recent Reuters account of a federal examination of Dominion machines seized from Puerto Rico, in which investigators reportedly found no Venezuelan code and only one chip sourced from China. They will conclude that the foreign-component concern has been overstated. But that misses the point entirely.
The question is not whether a particular batch of machines, examined on one occasion, contained components from a designated adversary. The question is whether a computerized voting system, however sourced and however audited, can be defended against the cyber capabilities of a nation-state intelligence service.
The honest answer is no. The same Chinese cyber force that pre-positioned malware in our power grid, water systems, and ports does not require a chip stamped in Shenzhen to reach an American voting machine. It requires only that the machine exist, be connected to a network at some point in its life, and run software that can be updated. All three conditions are met.
RELATED: John Cornyn’s defeat could be the end of the GOP establishment
Antranik Tavitian/Bloomberg/Getty Images
New evidence
Director of National Intelligence Tulsi Gabbard has declassified the Jan. 15, 2020, National Intelligence Council memorandum “Vulnerabilities in U.S. 2020 Election Infrastructure,” which judged that Russia, China, Iran, and North Korea all had “the capability to compromise U.S. election infrastructure for the 2020 presidential election.”
Senior officials briefed President Trump in February 2020. The public was never told. Subsequent declassified memos indicate that Chinese actors gained access to voter-registration databases in 12 to 18 states. Gabbard has opened a probe into allegations that intelligence officials suppressed this evidence, kept it out of the President’s Daily Brief, and hid it from Congress.
This was a serious misrepresentation by members of the Intelligence Community, especially since the Chinese Communist Party declared a “People’s War” against the United States in May 2019 in response to President Trump’s efforts to halt its theft of American intellectual property.
Communist China, which spends roughly $20 billion a year on intelligence and influence operations inside the United States, has every interest, as a matter of high government policy, in who sits in the Oval Office.
The motive could not be plainer. A second Trump term meant continued tariffs, continued enforcement against Chinese IP theft, continued pressure on Huawei, ZTE, and the Chinese semiconductor industry, and a hardening U.S. posture across the Indo-Pacific. A Biden administration meant the reversal of all of it.
Consider the numbers. Obama received 69 million votes in 2008. Clinton received 66 million in 2016. Biden received 81 million in 2020. A 15 million-vote surge for the least charismatic Democrat in living memory cannot be explained by enthusiasm.
The January 2020 assessment noted that “adversaries could also use the registration data … to tailor other interference or influence efforts.” It is well within the realm of possibility that communist China, armed with the names on those rolls, mounted an industrial-scale effort to produce counterfeit ballots indistinguishable from genuine ones and therefore votes for Joe Biden.
Such a possibility must at least be entertained. Otherwise, one is left to ask the obvious question no one in Washington wants to ask: Why did communist China hack into those voter databases in the first place?
Can elections be secured?
Congress will not act. Blue states will not reform their mail-in practices or replace their electronic systems. Securing federal elections therefore falls to the president in his role as chief magistrate. Two executive orders are needed even if they will be challenged in court.
The first is an emergency declaration outlawing electronic voting machines in federal elections, on the grounds that any networked, software-driven counting system is inherently vulnerable to nation-state cyberattack and cannot, under current conditions, deliver an election the public can verify. Executive Order 13848 from 2018 recognized the threat of foreign interference but triggers only after the fact.
America cannot afford after-the-fact remedies.
The second would require, since the electronic voting machines would no longer be used, federal elections to be conducted on paper ballots, hand-counted by human beings observed by other human beings, with photo ID, accurate voter rolls, election-day voting, and mail-in ballots reserved for the military and the genuinely confined. The counting would be live streamed. The result would be the most transparent election in American history.
States today hold the constitutional delegation to conduct elections, and ideally, they would administer such a system themselves. Given the political divide, many will refuse. One alternative is for the federal government — preferably the National Guard, federalized and operating under each state’s adjutant general — to administer the election directly.
Critics will invoke Article I, Section 4, which empowers Congress to alter the times, places, and manner of federal elections. That route would be preferable if our political system were not broken. Others will invoke states’ rights. But states do not have rights. Citizens have natural rights, and states are obliged to defend them. When states fail to defend the most basic right of a self-governing people – the right to a fair election – the federal government has the duty to act.
RELATED: Polarization may be the cure — and the clarity — America needs
Elen11/Getty Images
The country’s critical infrastructure, which includes our election system, falls under the Department of Homeland Security. The Cybersecurity and Infrastructure Security Agency and the Election Assistance Commission sit in the executive branch. The notion that the federal government has no role in federal elections is plainly wrong.
The problem is that those agencies are not currently equipped to defend against a nation-state cyber adversary at this scale. And cybersecurity against communist China is beyond the capacity of any individual state government acting alone.
If federal authorities had actionable intelligence that a cyberattack was going to occur on America’s electronic voting systems during a federal election but did not have the ability to stop it, are they simply to stand aside and let the attack occur?
The commonsense approach would be to find a method of conducting the election that was not vulnerable to cyberattack. That is precisely why the president’s executive order is so urgently needed.
The choice at hand
As Director Gabbard’s declassifications confirm, China has gained access to the voter-registration data that defines our electorate. No election conducted on networked computers that a hostile intelligence service has the demonstrated capacity to breach, and on voter rolls that service has already breached, can deliver the legitimacy a republic requires.
Paper ballots, hand-counted, observed in the open, can. However controversial it may sound, it is the only way to ensure a fair election for the American people.
This article was originally published by RealClearPolitics and made available via RealClearWire.
Read More
LEX EDELMAN/AFP/Getty Images
