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 senators eye 'nuclear' move to change rules on Trump nominees Senate GOP goes down to wire in showdown with Trump Overnight Defense: Pentagon seeks B over five years for Space Force | Trump says Warmbier comments 'misinterpreted' | GOP bristles at Trump plan to pay for wall MORE (R-Okla.) told The Hill last week. Lankford and Sen. Amy KlobucharAmy Jean KlobucharCNN to host town hall with Cory Booker in South Carolina Howard Schultz to be featured in Fox News town hall The Hill's Morning Report - Dems contemplate big election and court reforms 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 RooneyHill-HarrisX poll: 76 percent oppose Trump pardoning former campaign aides Dems fear Trump is looking at presidential pardons Ex-GOP lawmaker joins family firm  MORE (Fla.) and Trey GowdyHarold (Trey) Watson GowdyTop Republican releases full transcript of Bruce Ohr interview Gowdy calls congressional hearings like Cohen's 'utterly useless' The family secret Bruce Ohr told Rod Rosenstein about Russia case MORE (S.C.) — retire.

There has been widespread frustration, with some Democrats lashing out at President TrumpDonald John TrumpDem lawmaker says Electoral College was 'conceived' as way to perpetuate slavery Stanley Cup champion Washington Capitals to visit White House on Monday Transportation Dept requests formal audit of Boeing 737 Max certification MORE.

Sen. Mark WarnerMark Robert WarnerDems request probe into spa owner suspected of trying to sell access to Trump Live video of New Zealand shooting puts tech on defensive The Hill's Morning Report — Trump readies first veto after latest clash with Senate GOP 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 WydenSenate Dems petition Saudi king to release dissidents, US citizen Klobuchar: ObamaCare a 'missed opportunity' to address drug costs Overnight Health Care — Presented by PCMA — FDA issues proposal to limit sales of flavored e-cigs | Trump health chief gets grilling | Divisions emerge over House drug pricing bills | Dems launch investigation into short-term health plans 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 SullivanOvernight Defense: Senate rejects border emergency in rebuke to Trump | Acting Pentagon chief grilled on wall funding | Warren confronts chief over war fund budget Pentagon chief calls reports of charges to allies erroneous: 'We won't do cost plus 50' Koch-backed group pushes for new limits on Trump's tariff authority 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 CastroJulian Castro hints at brother Joaquin's Senate run Dems prepare next steps after Trump's veto Joaquin Castro closing in on 2020 Senate bid: report MORE (R-Texas) and Mark MeadowsMark Randall MeadowsJordan, Meadows backed by new ads from pro-Trump group: report Trump keeps tight grip on GOP Dems fear Trump is looking at presidential pardons 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 MattisMattis returning to Stanford months after Pentagon resignation US-backed fighters capture ISIS militants suspected of killing American troops Nielsen warns US 'not prepared' for foreign cyberattacks 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 BluntThe Hill's Morning Report - Dems contemplate big election and court reforms GOP senator disinvited to Republican event over vote against Trump's emergency declaration Trump keeps tight grip on GOP 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.