The Year Ahead: Pressure mounts on election security as 2020 approaches

Pressure is already mounting on Congress to secure the 2020 presidential race from foreign cyberattacks or interference just weeks after the midterm elections.

Lawmakers expressed frustration at failing to pass a bill during the current session, but are vowing to resume their work in January.

“Yeah, it’s next Congress,” Sen. James LankfordJames Paul LankfordGOP group's ad calls on Graham to push for election security: 'Are you still trying?' Manufacturing group leads coalition to urge Congress to reauthorize Ex-Im Bank GOP group calls on Republican senators to stand up to McConnell on election security in new ads MORE (R-Okla.) told The Hill last week. Lankford and Sen. Amy KlobucharAmy Jean KlobucharObama, Bush among those paying tribute to Cokie Roberts: 'A trailblazing figure' Kamala Harris calls for new investigation into Kavanaugh allegations Overnight Energy: Top presidential candidates to skip second climate forum | Group sues for info on 'attempts to politicize' NOAA | Trump allows use of oil reserve after Saudi attacks MORE (D-Minn.) in 2017 introduced the bipartisan Secure Elections Act, seen as the best shot of passing legislation before the midterms.

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“[Klobuchar] and I are not going to drop it, we’re going to keep working it through, but it’s not going to be the next two weeks,” Lankford vowed.

Lawmakers, though, will take up their work with less time to bridge differences and before the 2020 cycle moves to full swing. And there may be new questions for lawmakers to address.

Congress had high hopes of passing election security legislation after the intelligence community concluded in January 2017 that Russia had interfered in the presidential election. But those hopes were dashed when a GOP-led committee held up the Lankford-Klobuchar bill earlier this year, a decision some Democrats blamed on the White House.

The House version of the legislation will also suffer a blow come January, as two Republicans in the bipartisan group of four behind the bill — Reps. Tom RooneyThomas (Tom) Joseph RooneyHouse Dem calls on lawmakers to 'insulate' election process following Mueller report Hill-HarrisX poll: 76 percent oppose Trump pardoning former campaign aides Dems fear Trump is looking at presidential pardons MORE (Fla.) and Trey GowdyHarold (Trey) Watson GowdyRising star Ratcliffe faces battle to become Trump's intel chief Cummings announces expansion of Oversight panel's White House personal email probe, citing stonewalling Pelosi says it's up to GOP to address sexual assault allegation against Trump MORE (S.C.) — retire.

There has been widespread frustration, with some Democrats lashing out at President TrumpDonald John TrumpBusiness, ballots and battling opioids: Why the Universal Postal Union benefits the US Sanders supporters cry foul over Working Families endorsement of Warren California poll: Biden, Sanders lead Democratic field; Harris takes fifth MORE.

Sen. Mark WarnerMark Robert WarnerCalifornia Law to rebuild middle class shows need for congressional action Hillicon Valley: FCC approves Nexstar-Tribune merger | Top Democrat seeks answers on security of biometric data | 2020 Democrats take on Chinese IP theft | How Google, Facebook probes are testing century-old antitrust laws Top Democrat demands answers from CBP on security of biometric data MORE (D-Va.), the vice chairman of the Senate Intelligence Committee, which is investigating Russia’s election interference, said at an event at the Center for a New American Security on Friday that the White House was responsible for blocking the bill.

“In a normal administration, in a normal world, after we had a foreign nation attack our basic election system the way the Russians did ... the only entity that could really bring about increased election security would be presidential or White House leadership,” Warner said.

“That didn’t happen,” he added.

Supporters insist they are ready to try again, this time with a House under Democratic control and with Republicans dealing with the National Republican Congressional Committee’s own data breach during the midterm cycle.

But there are obstacles ahead, including the divided Congress.

Senate Democrats like Sen. Ron WydenRonald (Ron) Lee WydenInterior gains new watchdog On The Money: NY prosecutors subpoena eight years of Trump tax returns | Senators struggle to get spending bills off ground as shutdown looms | Progressive tax-the-rich push gains momentum | Trump faces dwindling leverage with China Progressive tax-the-rich push gains momentum MORE (Ore.) have introduced legislation to guard election systems from cyberattacks, earning praise from election security advocates. But those measures are unlikely to move in the GOP-controlled Senate. Legislation that House Democrats move will also need to find support in a Senate that will have 53 Republicans.

Klobuchar has taken the lead on pushing bipartisan measures, and less comprehensive bills may stand a better chance of reaching Trump’s desk.

Last month, she introduced a bill with Sen. Dan SullivanDaniel Scott SullivanExclusive: Kushner tells GOP it needs to unify behind immigration plan Republicans grumble over Trump shifting military funds to wall Overnight Defense: Esper sworn in as Pentagon chief | Confirmed in 90-8 vote | Takes helm as Trump juggles foreign policy challenges | Senators meet with woman accusing defense nominee of sexual assault MORE (R-Alaska) to create a global information-sharing program on best practices for election security. The measure is a companion to a similar bill passed in the House earlier this year and backed by Reps. Joaquin CastroJoaquin CastroHispanic Democrats announce 'Latina Prosperity Principles' It's legal to tweet the names of all of Trump's donors, but it's probably not a good idea The exhaustion of Democrats' anti-Trump delusions MORE (R-Texas) and Mark MeadowsMark Randall MeadowsMeadows, Cotton introduce bill to prevent district judges from blocking federal policy changes The Hill's Morning Report - Trump ousts Bolton; GOP exhales after win in NC Meadows to be replaced by Biggs as Freedom Caucus leader MORE (R-N.C.).

Klobuchar said in a statement to The Hill that, in 2016, the U.S. and its allies “weren’t fully prepared to take on the threat of election hacking from foreign adversaries.”

“There are lessons to be learned from the last two elections—we can and should share that expertise and coordinate with our international allies,” she said.

Despite criticism, the administration has highlighted the issue at times.

Trump earlier this year signed an executive order requiring the director of national intelligence to investigate whether any foreign interference took place during U.S. elections, and then hand over the findings to the departments of Treasury and State to determine if any penalties, such as sanctions, are necessary.

Defense Secretary James MattisJames Norman MattisThe Hill's Morning Report - Trump takes 2020 roadshow to New Mexico Trump needs a national security adviser who 'speaks softly' US could deploy 150 troops to Syria: report MORE said last month that Russia interfered in the November elections, the first confirmation from the administration of election meddling in the midterms.

The Justice Department also indicted a Russian national just days ahead of the midterms for taking part in an ongoing election interference effort. The woman was alleged to be part of Project Lakhta, a Russian influence operation, rather than a plot to attack U.S. election infrastructure.

Congress has taken some steps, to be sure. Lawmakers this year authorized $380 million in funding for states to secure their election systems.

But that funding largely did not arrive in time for the states to fully utilize it in the 2018 midterms. And election officials note that there is no consistent source of funding for election security, a provision they want remedied in an election security law.

Funding to help states will be a top priority in the coming year.

Jim Condos, the secretary of state for Vermont and the president of the National Association of Secretaries of State (NASS) told The Hill that states need to have funding on a regular basis to make sure voting equipment is up to date. He said there often simply isn’t enough money in state budgets to make election security a priority.

He hopes Congress moves quickly on election security because it often takes time for states to implement new technology and requirements.

“I think, as we gear up for 2020, I would hope that Congress would recognize the urgency,” Condos said. “They might think we don’t have to deal with this ‘til late 2019 or early 2020, but we need to deal with it now.”

NASS has not taken an official stance on election security legislation.

Last week’s revelations that four top staffers at the National Republican Congressional Committee, a GOP campaign arm, likely had their emails surveilled by hackers added urgency to ensuring that political campaigns and groups are guarded from cyberattacks.

But that will also be a new question for lawmakers to struggle with. It’s unclear who is responsible for political groups’ cybersecurity.

Campaign officials generally are ill-equipped to make cybersecurity a priority. And Homeland Security officials have said that it’s difficult for them to offer cybersecurity support for groups like the Democratic and Republican national committees because their work is inherently political.

Generally, more than two years after the 2016 election, Congress faces a lengthy to-do list.

The Election Assistance Commission (EAC), a federal agency tasked with helping state and local officials carry out elections, has suggested that it may take up the issue of how to protect political campaigns and groups.

But the agency is currently one short of the minimum three commissioners needed to enact major policy moves.

The Senate Rules Committee just last week advanced two nominees for the vacant  spots.

Committee Chairman Roy BluntRoy Dean BluntGOP group's ad calls on Graham to push for election security: 'Are you still trying?' Exclusive: Kushner tells GOP it needs to unify behind immigration plan The Hill's Morning Report - Can Trump save GOP in North Carolina special election? MORE (R-Mo.) told reporters last week that he is encouraging Senate leadership to bring up the nominees for a vote before the end of this Congress, but also said he won’t bring up broader election security issues in the lame-duck.

Condos said a fully staffed Election Assistance Commission is essential to helping states administer their elections. He added that the agency could work with the Homeland Security Department on the issue.

But that depends on Congress acting.

“[The EAC] needs to be fully complemented, to be fully funded, to be fully staffed to deal with the issues that we have,” he said.