Election fact check: How voting machines work and why they’re hard to hack

Election fact check: How voting machines work and why they’re hard to hack
Election fact check: How voting machines work and why they’re hard to hack
ABC News

(WASHINGTON) — As Americans head to the polls this Election Day, trust that their vote will be counted accurately and that the democratic process is safe from interference is vital, experts said.

But with early voting well underway and just days before the remainder of the 2024 presidential election ballots are cast, unfounded conspiracy theories about the safety of voting machines loom over the fight for the White House.

The 2020 election saw former President Donald Trump sparking some distrust in the voting system that was purported by some fellow Republicans, supporters and media outlets.

Despite voting machine conspiracy theories, such as internet hacking and widespread physical tampering, being debunked, misinformation about the democratic process is ubiquitous on social media and fodder for some of the recent lawsuits filed by RNC-aligned groups in key swing states.

Elon Musk — a major Trump backer and the owner of X — recently continued to stoke voting machines falsehoods, telling the crowd at a town hall in Pennsylvania, “The last thing I would do is trust a computer program, because it’s just too easy to hack,” Musk said.

However, multiple reviews into 2020 voter fraud claims and a landmark defamation lawsuit between Dominion Voting Systems and Fox News found the vote-rigging conspiracy theories, and Trump’s assertion he won the election over President Joe Biden, to be unfounded.

In April 2023, Dominion reached a nearly $800 million settlement with Fox for spreading the false theories across the conservative news stations’ platforms.

Additionally, state and federal courts dismissed more than 60 lawsuits across six states from Trump and his allies aiming to overturn the 2020 election results.

“There was no credibility to those claims,” Lauren Cristella, the president of Committee of Seventy, a nonpartisan government watchdog organization in Philadelphia, told ABC News.

“I am confident that our elections are free, fair, safe and secure, and that the systems we have in place, the checks and balances that we have in place, are working,” Cristella added.

So, how do voting machines work? And what security measures are in place from the federal level to the community level to ensure that every vote is counted and free from interference?

Before Trump and Vice President Kamala Harris vie for America’s vote on Nov. 5, experts said understanding the security measures that follow ballots from the polls to the count can bring clarity and comfort to the process.

What voting machines are used in the election?

While election officials use technology for voter registration, tallying, and, in some cases, vote-casting, the system is largely centered around paper ballots.

“In nearly all places across the country, about 98% of voters, when they cast their ballot, there is going to be a paper record of their vote,” Derek Tisler, who serves as counsel in the Brennan Center for Justice’s elections and government program, told ABC News.

Historically, there have been five types of voting machines used in the U.S.: hand-counted paper, mechanical lever machines, punch-card machines, scanned paper ballots and direct-recording electronic devices, according to the MIT Election Lab.

Going into the 2024 election, optical scan paper ballot systems are widely used to tally physical ballot votes, which can be likened to the technology used to score a standardized test, according to MIT.

Voters mark their ballots in a private voting booth and then it is scanned as it’s being deposited in the ballot box, with the votes being tallied at the end of the day.

Direct recording electronic systems utilize buttons or a touch screen to record votes, often with a paper ballot record for audits or a recount.

And ballot-marking devices and systems, which are entirely electronic, are primarily used to accommodate voters with disabilities.

There are 10 different voting system manufacturers that have been tested and approved by the federal Election Assistance Commission (EAC), including Clear Ballot, Dominion Voting Systems and Election Systems & Software (ES&S), to name a few.

The road to approval includes stress tests on the equipment and checks for software flaws, making sure the machines have the basic functionality, accessibility and security capabilities required of these systems, according to the EAC.

“So every voting system, including ours, goes through a certification process in accredited test labs,” Chip Trowbridge, the chief technology officer of Clear Ballot, told ABC News.

“Every change, no matter how big or how small, if it’s a source code or software change, has to be reviewed,” Trowbridge said.

Individual states and local jurisdictions also have certification processes for voting machine manufacturers that vary based on location, according to Trowbridge.

What safety measures are taken to protect voting machines?

One of the first lines of defense against tampering is the physical security of voting machines, according to Ted Allen, an integrated systems engineer professor at Ohio State University and member of the MIT Election Lab.

Leading up to Election Day and after votes are cast, the machines are stored in secure locations with access limited to election officials, Allen told ABC News.

At polling locations, voting machines are constantly under surveillance, with election officials and security personnel trained to ensure that no unauthorized access is possible, according to Allen.

“The paper, the chain of custody of the equipment and the chain of custody of the ballots are all generally, very carefully studied and controlled,” Allen said.

The 2020 election, however, did see a few individuals being charged for with tampering with voting machines.

Tina Peters, a Republican election official in Colorado, was sentenced to nine years in prison for leading a security breach of the county’s election system after being inspired by false and baseless claims of voting fraud.

She was convicted for giving an individual access to the election software she used for her county. Screenshots of the software appeared on right-wing websites.

In Georgia, bail bondsman Scott Hall was charged in relation to the alleged breach of voting machine equipment in the wake of the 2020 election in Coffee County.

Hall and several of his co-defendants allegedly “entered into a conspiracy to intentionally interfere” with the 2020 election results and “unlawfully” access voting machines in order to obtain data, including images of ballots.

Hall pleaded guilty to five misdemeanor counts of conspiracy to commit intentional interference with performance of election duties. He will get probation and has agreed to testify moving forward, including at the trial of other co-defendants.

While no system is ever completely impervious to threats, voting machines are protected by a range of technical and procedural measures that make them extremely difficult to hack.

A spokesperson for Election Systems & Software, Inc., told ABC News, that outside of physical controls, the company’s voting equipment adheres to secure practices for the creation, transfer and storage of important election files and data.

Using encryption and digital signing for data, cryptographic modules that meet the Federal Information Processing Standard (FIPS) and creating encrypted USB flash drives programmed for that specific election all prevent tampering by unauthorized agents, according to ES&S.

Do voting machines connect to the internet?

A key safeguard in making voting machines difficult to hack is the lack of internet access during the voting process.

The machines used to scan ballots at a voting precinct are incapable of having any Wi-Fi, Bluetooth, radio or network connection at all, according to Trowbridge.

“Those systems absolutely cannot have any network,” Trowbridge said. “In fact, if you look at the machines from Clear Ballot, the only wire that comes out of them is a power cord.”

Central scanning equipment is networked, according to Trowbridge, but the technology is on an air-gapped network that is completely separate from the public internet.

This significantly reduces the risk of remote hacking or unauthorized access from external sources, he said.

Even if a hacker attempts to access a voting machine, they would need to physically tamper with the machine itself, which may be more challenging due to the physical security measures.

Looking to Nov. 5, Derek Tisler emphasized there are always checks and balances available in the process to make sure that there is no one individual who could disrupt anything.

“Public trust is so essential to the democratic process, and that is why elections are transparent,” Tisler said.

 

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Baby powder recall over possible asbestos contamination expands to 35 states

Baby powder recall over possible asbestos contamination expands to 35 states
Baby powder recall over possible asbestos contamination expands to 35 states
Via FDA

(NEW YORK) — A type of baby powder distributed in 35 states and sold online through Amazon is being recalled due to potential contamination with asbestos.

The Dynarex Corporation said Monday that its earlier recall of Dynacare Baby Powder, initiated in September, had expanded from 12 states to 35, according to a company announcement on the U.S. Food and Drug Administration website.

The company said the recalled Dynacare Baby Powder products were sold on or after Jan. 18, 2024, in Alabama, Arkansas, Arizona, California, Colorado, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Maryland, Minnesota, Missouri, Mississippi, Montana, North Carolina, Nebraska, New Jersey, New Mexico, New York, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, Virginia, Vermont, Washington, and Wisconsin and online through Amazon.com.

The recalled products include both 4-ounce and 14-ounce sizes, according to Monday’s announcement.

Dynarex has instructed customers to immediately discontinue use of recalled Dynacare Baby Powder products and return them for a full refund. There have been no illnesses or adverse events reported to date in connection with the recall, according to Dynarex.

Questions about refunds and returns can be directed to Dynarex Corporation at 888-396-2739 or 845-365-8200 during business hours of 8:30 a.m. to 5 p.m. ET, or by email at recall@dynarex.com.

The company first announced the recall on Sept. 19 following “routine sampling” by the FDA, “which revealed that the finished products contained asbestos,” a known carcinogen, the company stated at that time.

“Upon further investigation, we have identified additional lots of products that may contain asbestos due to using the same bulk talc material,” Dynarex stated on Monday. “The company has ceased the distribution of the product as an investigation is proceeding to determine what caused the contamination of the talc.”

According to the Environmental Protection Agency, asbestos “is a mineral fiber that occurs in rock and soil” that “has been used in a variety of building construction materials for insulation and as a fire retardant” and “in a wide range of manufactured goods.”

“Exposure to asbestos increases your risk of developing lung disease,” the EPA states. “That risk is made worse by smoking. In general, the greater the exposure to asbestos, the greater the chance of developing harmful health effects. Disease symptoms may take many years to develop following exposure.”

As Dynarex noted Monday, asbestos “is often found near talc, an ingredient in many cosmetic products.”

“If talc mining sites are not carefully chosen or if proper steps are not taken to adequately purify the talc ore, it may contain asbestos,” the company said.

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‘Thank you’ cookies sent to North Carolina elections office prompt emergency response

‘Thank you’ cookies sent to North Carolina elections office prompt emergency response
‘Thank you’ cookies sent to North Carolina elections office prompt emergency response
In this photo released by the Raleigh Police Department, a thank-you present of pineapple-shaped cookies delivered to the Wake County Board of Elections is shown that prompted a hazmat response on Oct. 29, 2024, after election workers raised concerns about a suspicious package mailed from Hawaii. Image via Raleigh Police Department

( Raleigh, N.C. ) — No good deed goes unpunished for election workers in North Carolina.

A thank-you present of pineapple-shaped cookies delivered to the Wake County Board of Elections prompted a hazmat response on Tuesday after election workers raised concerns about a suspicious package mailed from Hawaii.

“We are just on high alert with these things automatically,” Wake County elections specialist Danner McCulloh told ABC News, who cited recent incidents of suspicious packages containing powder sent to election offices across the country.

The Raleigh Police and Fire Departments quickly responded to the incident — which was treated as a hazmat situation — and bomb technicians X-rayed the package, according to Lt. Jason Borneo of the Raleigh Police Department.

After the package was deemed to not be a threat, officials opened the package to learn it was full of pineapple-shaped cookies from the Honolulu Cookie Company. The package, which was mailed from a Hawaii address, also included a handwritten thank-you note, according to a Raleigh Fire Department spokesperson.

The operations at Wake County Board of Elections were not impacted during the incident, a county spokesperson said. According to McCulloh, a person who heard a radio story about Wake County decided to send the cookies unannounced to thank election workers.

“It was a kind gesture,” McCulloh said, though he recommended against others sending cookies to his office.

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Trump campaign distances itself from House speaker’s plan for ‘massive reform’ to the ACA

Trump campaign distances itself from House speaker’s plan for ‘massive reform’ to the ACA
Trump campaign distances itself from House speaker’s plan for ‘massive reform’ to the ACA
Tim Graham/Getty Images

(WASHINGTON) — House Speaker Mike Johnson’s suggestion that Republicans would implement “massive reform” to the Affordable Care Act — known as Obamacare — is causing a bit of a headache for the Trump campaign.

At a campaign event Monday in Pennsylvania, a battleground state in the presidential race, Johnson made that assertion.

“No Obamacare?” an attendee of the event asked Johnson.

“No Obamacare,” Johnson replied. “The ACA is so deeply ingrained, we need massive reform to make this work, and we got a lot of ideas on how to do that.”

Johnson did not elaborate on specifics but said Republican doctors in the House, known as the GOP Doctors Caucus, have been working on possible legislative ideas. The speaker said Republicans want to “take a blowtorch to the regulatory state” and “fix things” in the health care sector.

Health care is a key issue in the 2024 election and both parties have different views on the ACA, which set minimum benefit standards, allowed more people to be eligible for Medicaid and ensured consumers with preexisting conditions could have health care coverage.

“Health care reform is going to be a big part of the agenda. When I say we’re going to have a very aggressive first 100 days agenda, we got a lot of things still on the table,” he said.

The speaker said “if you take government bureaucrats out of the health care equation and you have a doctor patient relationship it is better for everybody, more efficient more effective. That’s the free market. Trump is going to be for the free market.”

The Harris campaign sharply criticized Johnson’s comment. Spokesperson Sarafina Chitika said in a statement, “Speaker Mike Johnson is making it clear – if Donald Trump wins, he and his Project 2025 allies in Congress will make sure there is ‘no Obamacare.’ That means higher health care costs for millions of families and ripping away protections from Americans with preexisting conditions like diabetes, asthma, or cancer. Voters see Trump’s ‘concepts of a plan’ for what they are: Ending the Affordable Care Act, jacking up prices, and leaving millions of Americans without the care they need.”

Former President Donald Trump’s campaign quickly tried to separate itself from the speaker’s comments. A spokeswoman told the New York Times that they were “not President Trump’s policy position.”

The ACA has become increasingly popular since it was enacted in 2010. A KFF poll in February found that two-thirds of the public said it was very important to maintain the law’s ban on charging people with health problems more for health insurance or rejecting their coverage.

Former President Donald Trump tried and failed to repeal the ACA while he was in office.

“Obamacare was lousy health care. Always was,” Trump said at ABC’s presidential debate. “It’s not very good today and, what I said, that if we come up with something, we are working on things, we’re going to do it and we’re going to replace it.”

Pressed for details on what he would replace it with, Trump said he did not have a specific plan in place, but rather “concepts of a plan.”

NBC News first reported the speaker’s remarks.

 

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Woman dies after abortion care for miscarriage delayed over 40 hours: Report

Woman dies after abortion care for miscarriage delayed over 40 hours: Report
Woman dies after abortion care for miscarriage delayed over 40 hours: Report
pablohart/Getty Images

(AUSTIN, Texas) — A 28-year-old Texas woman died in 2021 after her abortion care was delayed for over 40 hours as she was having a miscarriage, according to a new story from ProPublica.

Josseli Barnica was told that it would be a “crime” to intervene in her miscarriage because the fetus still had cardiac activity, despite her 17-week pregnancy already resulting in a miscarriage that was “in progress,” according to medical records obtained by ProPublica.

The medical team told Barnica that she had to wait until there was no heartbeat due to Texas’ new abortion ban, Barnica’s husband told ProPublica.

Despite Texas enacting several abortion bans after the U.S. Supreme Court overturned Roe v. Wade in 2022, it was the first state to restrict the procedure by enacting a law that permitted citizens to sue physicians who provide abortion care after six weeks of pregnancy — before most women know they are pregnant — for $10,000.

Anyone who “aided and abetted” an abortion, by actions such as driving a woman to obtain abortion care, could also be sued.

Forty hours after Barnica had arrived at a Texas hospital, physicians could not detect fetal cardiac activity and she was given medication to speed up her labor, according to the report. She was discharged about eight hours later, according to ProPublica.

She continued bleeding but when she called the hospital she was told that was expected, the story said. When the bleeding grew heavier two days later, she rushed back to the hospital, according to ProPublica.

Three days after she passed the pregnancy, Barnica died of an infection, according to ProPublica.

More than a dozen medical experts who reviewed the medical records told ProPublica that her death was preventable.

“These experts said that there was a good chance she might have survived if she’d been treated earlier,” Kavitha Surana, the reporter who wrote the story for ProPublica, told ABC News Live. “No one can say for sure where the sepsis developed. But 40 hours with your cervix wide open in a hospital, that is not the standard of care to require someone to take that risk.”

After Roe was overturned, a stricter ban went into effect, penalizing doctors found guilty of providing abortions with up to 99 years in prison and fines up to $100,000.

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White House tries to clean up Biden’s ‘garbage’ comment as Trump seizes on it

White House tries to clean up Biden’s ‘garbage’ comment as Trump seizes on it
White House tries to clean up Biden’s ‘garbage’ comment as Trump seizes on it
Bloomberg Creative/Getty Images

(WASHINGTON) — The White House and Vice President Kamala Harris’ campaign on Wednesday continued to do clean up from President Joe Biden’s “garbage” comment, even as former President Donald Trump seized on it and the controversy dominated the news cycle, distracting from Harris’ “closing argument.”

On Tuesday night, Biden seemed to call Trump supporters as “garbage” during a campaign call hosted by the nonprofit Voto Latino.

“And just the other day, a speaker at his rally called Puerto Rico a ‘floating island of garbage,'” Biden said, according to a video clip from the fundraiser that aired on CNN.

“I don’t — I — I don’t know the Puerto Rican that — that I know — or a Puerto Rico, where I’m fr- — in my home state of Delaware, they’re good, decent, honorable people. The only garbage I see floating out there is his supporters — his — his demonization of Latinos is unconscionable, and it’s un-American. It’s totally contrary to everything we’ve done, everything we’ve been,” Biden said.

His comments quickly drew fire from Republicans and came just as Harris was delivering her closing argument speech nearby on the Ellipse, calling for Americans to turn the page on hateful rhetoric and division in American politics.

At a campaign rally in Mount Rock, North Carolina, on Wednesday, Trump tied Harris to Biden’s comments.

“Now speaking on a call for her campaign last night, Joe Biden finally said what he and Kamala really think of our supporters. He called them garbage. And they mean it,” Trump said.

“Even though without question my supporters are far higher quality than Crooked Joe or Lyin’ Kamala,” Trump said. “My response to Joe and Kamala is very simple: you can’t lead America if you don’t love Americans.”

Biden himself posted a clarification on Tuesday night, saying that his comment was about the comedian who made the joke and “referred to the hateful rhetoric about Puerto Rico spewed by Trump’s supporter at his Madison Square Garden rally as garbage — which is the only word I can think of to describe it.”

“His demonization of Latinos is unconscionable. That’s all I meant to say. The comments at that rally don’t reflect who we are as a nation,” Biden said in the post on X.

At her daily briefing, reporters pressed White House press secretary Karine Jean-Pierre about Biden’s comments.

“No, he does not view Trump supporters or anybody who supports Trump as garbage,” Jean-Pierre insisted.

“The president has said this for more than three years now, he has said multiple times that he is a president for all. It doesn’t matter if you live in a red state, it doesn’t matter if you live in a blue state.”

When asked whether Biden misspoke or regrets his remarks, Jean-Pierre answered the president “clarified what he said” to ensure it was not “taken out of context.”

“He took the extra step to clarify. And, you know, you don’t see that from many elected officials, you certainly didn’t see that from the former president. And this president wanted to make sure it was not taken out of context,” Jean-Pierre said.

Jean-Pierre said the president spoke to Harris Tuesday night after her speech to congratulate her. She wouldn’t say, though, if Biden had apologized or made any reference to his comment when they spoke.

For her part, Harris tried to distance herself from the comments. In an interview with ABC News Chief White House Correspondent Mary Bruce, Harris was asked how she felt when she heard his “garbage” remark.

“Well, first of all, I think that the president has explained what he meant,” Harris told Bruce. “But I said it earlier, I strongly disagree with any criticism of the people based on who they vote for and I’ve made that clear throughout my career, including my speech last night before I think this all happened, which is I intend to be president for all Americans, and including those who may not vote for me in this election.”

But this incident isn’t the first time the White House and Harris’ campaign has had to play clean up after a Biden gaffe raised eyebrows. Just last week Biden was talking about Trump and said, “We gotta lock him up. Politically lock him up.”

The comments also come as Biden is planning to travel to battleground Pennsylvania twice later this week – for campaign and official events. Jean-Pierre said that for now there are now plans to adjust his schedule.

ABC News’ Kelsey Walsh, Will McDuffie and Alexandra Hurtzler contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

Opening statements to begin Friday in Daniel Penny trial over Jordan Neely subway death

Opening statements to begin Friday in Daniel Penny trial over Jordan Neely subway death
Opening statements to begin Friday in Daniel Penny trial over Jordan Neely subway death
Andrew Savulich/New York Daily News/Tribune News Service via Getty Images, FILE

(NEW YORK) — Opening statements will begin Friday in the trial of subway rider Daniel Penny charged in the May 2023 choking death of Jordan Neely, a homeless man, in a New York City subway car.

The jury was seated Wednesday. The trial is expected to last between four and six weeks, according to Judge Max Wiley.

Penny, a former Marine, has pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide in Neely’s death.

Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.

Penny put Neely, 30, in a fatal chokehold “that lasted approximately 6 minutes and continued well past the point at which Mr. Neely had stopped purposeful movement,” prosecutors with the Manhattan District Attorney’s Office have said.

Penny’s attorneys said they were “saddened at the loss of human life” but that Penny saw “a genuine threat and took action to protect the lives of others,” arguing that Neely was “insanely threatening” to passengers aboard the F train in Manhattan.

Witness accounts differ on Neely’s behavior on the train, prosecutors say.

They note that many witnesses relayed that Neely expressed that he was homeless, hungry and thirsty, and most of the witnesses recount that Neely indicated a willingness to go to jail or prison.

Some witnesses report that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.

Some witnesses told police that Neely was yelling and harassing passengers on the train; however, others have said though Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, police sources also told ABC News following the incident.

Some passengers on the train that day said they didn’t feel threatened — one “wasn’t really worried about what was going on” and another called it “like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that,” according to court filings by the prosecution.

Other passengers described their fear in court filings. One passenger said they “have encountered many things, but nothing that put fear into me like that.” Another said Neely was making “half-lunge movements” and coming within a “half a foot of people.”

Neely, who was homeless at the time of his death, had a documented mental health history and a history of arrests, including alleged instances of disorderly conduct, fare evasion and assault, according to police sources.

Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station: “Passengers who had felt fearful on account of being trapped on the train were now free to exit the train. The defendant continued holding Mr. Neely around the neck,” said prosecutor Joshua Steinglass in a court filing against Penny’s dismissal request.

According to prosecutors, footage of the interaction, which began about 2 minutes after the incident started, captures Penny holding Neely for about 4 minutes and 57 seconds on a relatively empty train with a couple of passengers nearby.

Prosecutors said that about 3 minutes and 10 seconds into the video, Neely ceases all purposeful movement.

“After that moment, Mr. Neely’s movements are best described as ‘twitching and the kind of agonal movement that you see around death,'” the prosecutor said.

The defense argued Penny had no intent to kill, but Steinglass noted that the second-degree manslaughter charge only requires prosecutors to prove Penny acted recklessly, not intentionally.

“We are confident that a jury, aware of Danny’s actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict,” Penny’s lawyers, Steven Raiser and Thomas Kenniff, said after Penny’s request to dismiss the charge was denied.

In a past statement to ABC News, an attorney representing Neely’s family said, “This case is simple. Someone got on a train and was screaming so someone else choked them to death. Those two things do not and will never balance. There is no justification.”

“Jordan had the right to take up his own space. He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country,” attorney Donte Mills said.

Copyright © 2024, ABC Audio. All rights reserved.

Menendez brothers latest: LA DA to petition Gov. Newsom for clemency

Menendez brothers latest: LA DA to petition Gov. Newsom for clemency
Menendez brothers latest: LA DA to petition Gov. Newsom for clemency
CRDC

(LOS ANGELES) — Los Angeles County District Attorney George Gascón is supporting the Menendez brothers’ new effort to petition California Gov. Gavin Newsom for clemency, which would reduce their sentence or grant a pardon, ABC News has learned.

Gascón plans to submit a letter to that effect by the end of the day Wednesday.

Lyle and Erik Menendez have spent nearly 35 years in prison for the 1989 murder of their parents, Jose and Kitty Menendez.

Lyle and Erik Menendez were sentenced in 1996 to two consecutive terms of life without parole.

While prosecutors alleged they killed their parents for money, the defense argued the brothers acted in self-defense following years of sexual abuse by their father.

Besides the new clemency route, the brothers have two other possible tracks to freedom.

One path is through resentencing.

Gascón announced last week that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life.

Because both brothers were under 26 at the time of the crimes, with the new sentence, they would be eligible for parole immediately, Gascón said.

“We appreciate what they did while they were in prison,” Gascón said at a news conference of the brothers. “While I disapprove of the way they handled their abuse, we hope that they not only have learned — which appears that they have — but that if they get reintegrated into our community, that they continue to do public good.”

Gascón’s recommendation will go before a Los Angeles Superior Court judge, and if the judge agrees, the decision will next be in the hands of a parole board.

The second possible track for release is the habeas corpus petition filed last year for a review of new evidence not presented at trial.

One piece of evidence is allegations from a former member of the boy band Menudo, who is alleging he was sexually abused by music executive Jose Menendez.

The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to the brothers’ attorney, Mark Geragos.

Through this petition, the court could reverse the convictions or reopen proceedings.

Officials in the DA’s office told ABC News they are “keeping an open mind” to reducing the conviction to a lesser charge based on the new evidence.

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More ‘targeted attacks’ possible after ballot boxes set on fire in Washington, Oregon: Police

More ‘targeted attacks’ possible after ballot boxes set on fire in Washington, Oregon: Police
More ‘targeted attacks’ possible after ballot boxes set on fire in Washington, Oregon: Police
David Ryder/Bloomberg via Getty Images

(WASHINGTON, D.C.) — Authorities warned of the potential for more attacks on ballot boxes after a series of arson incidents in Oregon and Washington state.

Ballot boxes in Portland, Oregon, and Vancouver, Washington, were set on fire with incendiary devices early Monday, police said. Authorities believe the two incidents, as well as a similar incident that occurred earlier this month in Vancouver, are connected.

“Investigators believe it is very possible the suspect intends to continue these targeted attacks across the area,” Portland Police Bureau spokesperson Mike Benner said at a press briefing on Wednesday.

Benner described the suspect sought in the three incidents as a white male between the ages of 30 and 40 with “balding or very short hair,” a thin face and medium to thin build.

“We believe this suspect has a wealth of experience in metal fabrication and welding,” Benner said.

Police are seeking one suspect in the case, Benner said.

Portland Police Chief Bob Day said that without a suspect in custody they “have to assume that there are other events that are likely to occur,” but that he is encouraged by the progress in the investigation so far.

Police had previously released photos of a suspect vehicle being sought in connection with the incidents. The vehicle is believed to be a Volvo S-60 from 2001 to 2004 with a tan or light-gray interior. The vehicle has dark wheels, unpainted body trim and no front license plate, police said.

The FBI is investigating the incidents, an agency spokesperson said.

Benner said police intend to add extra patrols around ballot boxes in the wake of the attacks. Officers will also have “high visibility” in terms of their presence next week, Day said.

The most recent incidents occurred early Monday, when two ballot boxes were set on fire with incendiary devices that had been attached to them, police said.

Three ballots were damaged in the Portland incident, while fire suppressant prevented further damage, election officials said. Multnomah County Elections Director Tim Scott told ABC News that 409 ballots inside the ballot box “were undamaged” and preserved thanks to the fire suppressant.

Clark County Auditor Greg Kimsey told ABC News on Wednesday that the county has identified 475 damaged ballots in the Vancouver incident. The ballot box had a fire suppression device, which did appear to work very well, he said.

It is unclear at this time how many ballots were completely destroyed, he said.

Election officials in both states said they would ensure impacted voters have replacement ballots in time.

Monday’s incident is similar to an incident that occurred on Oct. 8 in Vancouver, in which a ballot box was set on fire, police said.

The incendiary device used in that incident had “Free Gaza” and “Free Palestine” on it, two sources familiar with the ongoing investigation told ABC News.

The two subsequent devices, set off in the early hours of Monday morning in Vancouver, Washington and nearby Portland, Oregon, carried the slogan “Free Gaza,” according to the sources.

One of the sources told ABC News it was unclear whether these markings reflect the views of a pro-Palestine activist — or if it was an individual trying to manipulate existing divisions in the U.S.

ABC News’ Pierre Thomas, Lucien Bruggeman and Chris Boccia contributed to this report.

 

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Number of people sickened in E. coli outbreak linked to McDonald’s Quarter Pounders rises to 90: CDC

Number of people sickened in E. coli outbreak linked to McDonald’s Quarter Pounders rises to 90: CDC
Number of people sickened in E. coli outbreak linked to McDonald’s Quarter Pounders rises to 90: CDC
Photo Illustration by Michael M. Santiago/Getty Images

The number of cases in the E. coli outbreak linked to McDonald’s Quarter Pounders has risen to 90, federal health officials said in an update on Wednesday.

Cases have been reported in 13 states, according to the Centers for Disease Control and Prevention (CDC).

Most of the cases have been in Colorado, which has 29 reported cases, and Montana, which has 17 reported cases, according to the CDC.

Cases have also been reported in Iowa, Kansas, Michigan, Missouri, Nebraska, New Mexico, Oregon, Utah, Washington, Wisconsin and Wyoming, according to the CDC, which further notes that illnesses have occurred between Sept. 27 and Oct. 16 of this year.

This is a developing story. Please check back for updates.

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