[EL] listserv decorum

Fri Aug 30 07:59:02 PDT 2013

As I said to Bill, my distribution was not intended in any way to expose him and I apologize that he took it as a threat.

For what it is worth, I made a point not to include the street address (as opposed to the name), his spouse's name, or his phone number, all of which were discoverable within my self-imposed 120 second limit.  It was intended as an illustration of the fact that the Internet has changed what is private.  I think everyone needs to be aware that our debate about address disclosure is at some level silly.  We either disclose what people give, or we do not.  But the idea that the ancillary information is somehow secret is very 20th Century of us.

Kevin Greenberg
(215) 279-9912

From: Rick Hasen [mailto:rhasen at law.uci.edu]
Sent: Friday, August 30, 2013 10:30 AM
To: Greenberg, Kevin
Cc: 'Bill Maurer'; 'Michael P McDonald'; 'law-election at UCI.edu'
Subject: listserv decorum

Kevin and others,
Regardless of one's views on the merits of the disclosure question, I do not want people to use this listserv, has you have below, to disclose personal information about listserv members or others.  Please refrain from using the listserv for this purpose.
Rick
On 8/29/13 2:25 PM, Greenberg, Kevin wrote:
For whatever it's worth, I found her home address in Maryland, her address of birth, and at least two other addresses in less than two minutes using free, online search tools.  Not even talking about the commercially available databases.

And I did NOT use any campaign finance database.

Whether or not to disclose addresses on campaign finance databases may be an interesting debate.   But no one needs a campaign finance database to identify anyone's home address.

Bill, your name is a little more common, so in two minutes I can't tell if you live on ...K.  Odds are its one of those.  I can share the various spouses and prior addresses as well if you wish.

Kevin Greenberg
(215) 279-9912

From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Bill Maurer
Sent: Thursday, August 29, 2013 3:16 PM
To: Michael P McDonald; law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: Re: [EL] Paz Harassment

Unfortunately, Professor, your view does not prevail among many legislators and administrative agency officials, many of whom have the view of "disclose everything, though the heavens may fall," and who consistently ignore or minimize the serious consequences that result from this position.  Rather than start from where we think the line might be drawn, the starting point, I think, should be a recognition from the regulatory policymakers that not every single transaction must be disclosed and that disclosure, in and of itself, imposes serious burdens while oftentimes providing little benefit to the public.  That has not been done, so far as I can tell.  While reasonable people could, perhaps, come to a compromise that could satisfy constitutional scrutiny and provide some public information, that has not been the approach of those who craft these laws, who continue to require ridiculous, oppressive requirements, like reporting the name, address, occupation and employer for someone who buys a box of doughnuts for a political meeting.

From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Michael P McDonald
Sent: Thursday, August 29, 2013 11:53 AM
To: law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: Re: [EL] Paz Harassment

I'll cut to the chase and start this debate where we last left it off. The current federal disclosure law is an aggregate of $200/candidate per election. As I said then, a disclosure threshold is reasonable. Many conservatives on the list also expressed agreement that disclosure thresholds are reasonable. I'm willing to entertain a higher number, but when I pressed on what threshold might be agreeable to conservatives, no one was willing to give a number. Is it $1,000, $1 billion, or what? What contribution level qualifies as one as a small donor? We can't have a reasonable discussion about changing policy without that information.

============
Dr. Michael P. McDonald
Associate Professor
George Mason University
4400 University Drive - 3F4
Fairfax, VA 22030-4444

phone:   703-993-4191 (office)
e-mail:  mmcdon at gmu.edu<mailto:mmcdon at gmu.edu>
web:     http://elections.gmu.edu
twitter: @ElectProject
________________________________
From: Smith, Brad [BSmith at law.capital.edu<mailto:BSmith at law.capital.edu>]
Sent: Thursday, August 29, 2013 2:41 PM
To: Michael P McDonald; law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: RE: [EL] Paz Harassment
It is an important "democratic value" that the names and addresses of smalltime donors such as Holly Paz be made public.

Serious argument, or "straw man"?

I'm going with "straw man," but there may be people who take that argument seriously.

Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>] on behalf of Michael P McDonald [mmcdon at gmu.edu<mailto:mmcdon at gmu.edu>]
Sent: Thursday, August 29, 2013 2:24 PM
To: law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: Re: [EL] Paz Harassment
Do you guys ever get tired of punching straw men? No one ever said there was no political harassment and several people gave examples of it, myself included. The claim was the harassment *for a campaign donation* was a rare thing, is terrible, but when weighed against other democratic values should be properly handled through law enforcement. I don't think Ms. Paz is being harassed for a campaign donation.

============
Dr. Michael P. McDonald
Associate Professor
George Mason University
4400 University Drive - 3F4
Fairfax, VA 22030-4444

phone:   703-993-4191 (office)
e-mail:  mmcdon at gmu.edu<mailto:mmcdon at gmu.edu>
web:     http://elections.gmu.edu
twitter: @ElectProject
________________________________
From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>] on behalf of Smith, Brad [BSmith at law.capital.edu<mailto:BSmith at law.capital.edu>]
Sent: Thursday, August 29, 2013 2:03 PM
To: Bill Maurer; law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: Re: [EL] Paz Harassment
Ah, so that explains why the President has urged higher taxes on the wealthy - he's a captive of his donor base of IRS agents! Thank goodness now we know. Had I know this 10 months ago, it would certainly have influenced my vote, and helped me make sense of the campaign.

By the way, Bill - you're not much good at using the databases - I got to her street address in 25 seconds from the time I started looking, and it took me that long because I kept hitting the "caps lock" key when I meant to hit the "tab" key. I'm tempted to publish it here, because, like you say, it's probably not worth worrying about, and it's important for people to know. Otherwise, we couldn't be sure it was the right Holly Paz. Besides, most people making death threats probably don't *really* plan to kill her, they just want to harass her a bit, and a little harassment for someone is, well, like Justice Scalia and a few others I could name always say, it's a small price to pay when the alternative is not knowing which politicians are beholden to Holly Paz.

Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>] on behalf of Bill Maurer [wmaurer at ij.org<mailto:wmaurer at ij.org>]
Sent: Thursday, August 29, 2013 1:32 PM
To: Rick Hasen; law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: Re: [EL] Paz Harassment
I was wondering how people got Ms. Paz's private information so they could engage in the harassment discussed in story, given that I imagine that most IRS officials are not all that forthcoming about where they live.  Then I did a search for her political donations and-Shazam!-there it was, at least what state and city she lives in (had she given money in Washington state, her street address would have been listed too).

However, I've been told repeatedly that using this information to harass people (i) doesn't happen, (ii) isn't that bad anyway, and (iii) it's the price of political courage, so I guess it's all okay.  Maybe she'll be able to get an exemption from reporting now that people have actually threatened to kill her, but that will depend on whether a judge decides her fear is "reasonable" in light of the need to "follow the money" right up to where the yellow police tape starts.

Bill

From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Wednesday, August 28, 2013 9:42 PM
To: law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: [EL] ELB News and Commentary 8/29/13

"IRS official who scrutinized conservative groups facing harassment, attorney says"<http://electionlawblog.org/?p=54904>
Posted on August 28, 2013 9:38 pm<http://electionlawblog.org/?p=54904> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo:<http://www.washingtonpost.com/politics/irs-official-who-scrutinized-conservative-groups-facing-harassment-attorney-says/2013/08/28/50577962-0ff6-11e3-bdf6-e4fc677d94a1_story.html>

A top Internal Revenue Service official has faced harassment, including threatening telephone calls and visits to her home, after being singled out for criticism by Republicans, her lawyer alleges in a letter to lawmakers.

The official, Holly Paz<http://www.washingtonpost.com/blogs/the-fix/wp/2013/06/17/what-did-top-irs-official-holly-paz-tell-congressional-investigators-here-are-the-highlights/>, has been on administrative leave since June in connection with the controversy<http://www.washingtonpost.com/politics/obama-denounces-reported-irs-targeting-of-conservative-groups/2013/05/13/a0185644-bbdf-11e2-97d4-a479289a31f9_story.html> over how the IRS scrutinized conservative groups applying for tax-exempt status. Paz was involved in subjecting some tea party groups to scrutiny and helped conduct an internal review of the program, but has not been formally accused of wrongdoing.

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54904&title=%E2%80%9CIRS%20official%20who%20scrutinized%20conservative%20groups%20facing%20harassment%2C%20attorney%20says%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, tax law and election law<http://electionlawblog.org/?cat=22>
Tom Edsall Gets Major Republican Strategists, Top U.S. Political Scientists to Weigh in On Chances for Republicans to Capture Presidency in 2016<http://electionlawblog.org/?p=54902>
Posted on August 28, 2013 9:34 pm<http://electionlawblog.org/?p=54902> by Rick Hasen<http://electionlawblog.org/?author=3>

Important perspectives<http://opinionator.blogs.nytimes.com/2013/08/28/can-republicans-paint-the-white-house-red/?hp&_r=0>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54902&title=Tom%20Edsall%20Gets%20Major%20Republican%20Strategists%2C%20Top%20U.S.%20Political%20Scientists%20to%20Weigh%20in%20On%20Chances%20for%20Republicans%20to%20Capture%20Presidency%20in%202016&descript>
Posted in campaigns<http://electionlawblog.org/?cat=59>
"Obama: 'We're Not Going To Wait For Congress' To Act On Voting Rights Act"<http://electionlawblog.org/?p=54900>
Posted on August 28, 2013 9:28 pm<http://electionlawblog.org/?p=54900> by Rick Hasen<http://electionlawblog.org/?author=3>

Video<http://www.realclearpolitics.com/video/2013/08/28/obama_were_not_going_to_wait_for_congress_to_act_on_voting_rights_act.html> from PBS News Hour interview.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54900&title=%E2%80%9CObama%3A%20%E2%80%98We%E2%80%99re%20Not%20Going%20To%20Wait%20For%20Congress%E2%80%99%20To%20Act%20On%20Voting%20Rights%20Act%E2%80%9D&description=>
Posted in Department of Justice<http://electionlawblog.org/?cat=26>, The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>
"N.C. Lawmakers Meet Raucous Crowd at Charlotte Forum"<http://electionlawblog.org/?p=54898>
Posted on August 28, 2013 9:26 pm<http://electionlawblog.org/?p=54898> by Rick Hasen<http://electionlawblog.org/?author=3>

The backlash begins.<http://electionlawblog.org/N.C.%20lawmakers%20meet%20raucous%20crowd%20at%20Charlotte%20forum%20%20Read%20more%20here:%20http:/www.charlotteobserver.com/2013/08/28/4271194/nc-lawmakers-meet-raucous-crowd.html#storylink=cpy>
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54898&title=%E2%80%9CN.C.%20Lawmakers%20Meet%20Raucous%20Crowd%20at%20Charlotte%20Forum%E2%80%9D&description=>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>
"The True Cost of Free Voter I.D. in Texas"<http://electionlawblog.org/?p=54896>
Posted on August 28, 2013 9:17 pm<http://electionlawblog.org/?p=54896> by Rick Hasen<http://electionlawblog.org/?author=3>

This interesting item<http://texaselectionlaw.wordpress.com/2013/07/25/the-true-cost-of-free-voter-i-d-in-texas/> (and many other interesting items) appear at the new "Texas Election Law Blog." The blog is written by<http://texaselectionlaw.wordpress.com/about/> "Joseph Kulhavy - I am a licensed attorney in the State of Texas, and from October 6, 2004 until July 2, 2013, I was a staff attorney with the Elections Division, Texas Secretary of State."

Keep an eye here.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54896&title=%E2%80%9CThe%20True%20Cost%20of%20Free%20Voter%20I.D.%20in%20Texas%E2%80%9D&description=>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15>
Other Goings-On in Texas Since The Supreme Court Killed Voting Rights Act Section 5 Preclearance<http://electionlawblog.org/?p=54892>
Posted on August 28, 2013 9:11 pm<http://electionlawblog.org/?p=54892> by Rick Hasen<http://electionlawblog.org/?author=3>

In Pasadena, TX:<http://txredistricting.org/post/58935159956/pasadena-redistricting-moves-draw-questions> "the City of Pasadena in southeast Harris County voted 5-4 to place a proposition on the November 2013 ballot that, if approved by voters, would change the city's current 8 single member district system of electing members of the city council to a 6-2 system featuring two at large members.<http://txredistricting.org/post/58935159956/pasadena-redistricting-moves-draw-questions> State Sen. Sylvia Garcia, MALDEF, and the Houston Chronicle have all expressed concerns that the move would dilute the voting strength of the city's rapidly growing Hispanic population."

In Galveston, TX: <http://www.houstonchronicle.com/news/houston-texas/houston/article/Galveston-County-may-run-afoul-of-Voting-Rights-4747681.php> "Galveston County commissioners have slashed the number of justice of the peace and constable districts a year after the U.S. Justice Department blocked a similar plan as discriminatory."

Yeah, the end of preclearance matters<http://www.slate.com/articles/news_and_politics/jurisprudence/2013/08/north_carolina_s_speedy_vote_suppression_tactics_show_exactly_why_the_voting.html>.  And for those like James Taranto <http://online.wsj.com/article/SB10001424127887324108204579024942693167698.html> who say the Court didn't really kill Section 5, only the preclearance provision of section 4, I debunk that claim in my APSA paper (which I'm presenting tomorrow), Shelby County and the Illusion of Minimalism.<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2291612>

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54892&title=Other%20Goings-On%20in%20Texas%20Since%20The%20Supreme%20Court%20Killed%20Voting%20Rights%20Act%20Section%205%20Preclearance&description=>
Posted in Supreme Court<http://electionlawblog.org/?cat=29>, Voting Rights Act<http://electionlawblog.org/?cat=15>
Eric Wang on McCutcheon<http://electionlawblog.org/?p=54890>
Posted on August 28, 2013 9:00 pm<http://electionlawblog.org/?p=54890> by Rick Hasen<http://electionlawblog.org/?author=3>

Here<http://www.washingtontimes.com/news/2013/aug/28/wang-cutting-the-price-tag-off-free-speech/>, in the Washington Times.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54890&title=Eric%20Wang%20on%20McCutcheon&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>
"Black Republicans try to appropriate Martin Luther King"<http://electionlawblog.org/?p=54888>
Posted on August 28, 2013 8:56 pm<http://electionlawblog.org/?p=54888> by Rick Hasen<http://electionlawblog.org/?author=3>

And apparently they don't suppor<http://www.washingtonpost.com/opinions/dana-milbank-black-republicans-try-to-appropriate-martin-luther-king/2013/08/26/2eb47d18-0e99-11e3-bdf6-e4fc677d94a1_story.html>t fixing the Voting Rights Act:

A similar response greeted Rep. Jim Sensenbrenner (R-Wis.), who criticized the Supreme Court decision<http://www.washingtonpost.com/politics/supreme-court-stops-use-of-key-part-of-voting-rights-act/2013/06/25/26888528-dda5-11e2-b197-f248b21f94c4_story.html> that invalidated part of the Voting Rights Act and vowed to repair the law so that it is "impervious to another challenge that will be filed by the usual suspects. I'm with you on that." The light applause suggested that most of those in attendance were not with him.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54888&title=%E2%80%9CBlack%20Republicans%20try%20to%20appropriate%20Martin%20Luther%20King%E2%80%9D&description=>
Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
"Sorority offered free drinks to members to vote in Tuscaloosa City Board of Education race"<http://electionlawblog.org/?p=54886>
Posted on August 28, 2013 8:54 pm<http://electionlawblog.org/?p=54886> by Rick Hasen<http://electionlawblog.org/?author=3>

The Birmingham News reports. (h/t Political Wire)<http://politicalwire.com/archives/2013/08/28/sorority_girls_offered_free_drinks_to_vote.html#.Uh6PQVbh_mE.twitter>

Offering payments or incentives for voting is illegal in federal elections.  It is also illegal in some states.  (It is illegal in all states to pay someone to vote for or against a candidate or ballot measure.)

More on this in my article, Vote Buying. <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=257564>
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54886&title=%E2%80%9CSorority%20offered%20free%20drinks%20to%20members%20to%20vote%20in%20Tuscaloosa%20City%20Board%20of%20Education%20race%E2%80%9D&description=>
Posted in vote buying<http://electionlawblog.org/?cat=43>
"Colorado: Campaign Finance complaint filed against Morse opponent points to the hybrid nature of recalls"<http://electionlawblog.org/?p=54884>
Posted on August 28, 2013 10:13 am<http://electionlawblog.org/?p=54884> by Rick Hasen<http://electionlawblog.org/?author=3>

This item<http://recallelections.blogspot.com/2013/08/colorado-campaign-finance-complaint.html> appears at the Recall Elections Blog.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54884&title=%E2%80%9CColorado%3A%20Campaign%20Finance%20complaint%20filed%20against%20Morse%20opponent%20points%20to%20the%20hybrid%20nature%20of%20recalls%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, recall elections<http://electionlawblog.org/?cat=11>
"What Today's Journalists Can Learn From MLK Coverage; In 1963, newspapers tried to present 'both sides' of the civil rights struggle. Modern reporters should know better - but when it comes to voting rights, they often make the same mistake."<http://electionlawblog.org/?p=54882>
Posted on August 28, 2013 10:11 am<http://electionlawblog.org/?p=54882> by Rick Hasen<http://electionlawblog.org/?author=3>

Andrew Cohen writes<http://www.theatlantic.com/national/archive/2013/08/what-todays-journalists-can-learn-from-mlk-coverage/278095/> for The Atlantic.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54882&title=%E2%80%9CWhat%20Today%E2%80%99s%20Journalists%20Can%20Learn%20From%20MLK%20Coverage%3B%20In%201963%2C%20newspapers%20tried%20to%20present%20%E2%80%98both%20sides%E2%80%99%20of%20the%20civil%20right>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>
"Republicans Admit Voter ID Laws Are Aimed at Democratic Voters"<http://electionlawblog.org/?p=54880>
Posted on August 28, 2013 9:17 am<http://electionlawblog.org/?p=54880> by Rick Hasen<http://electionlawblog.org/?author=3>

Jamelle Bouie writes<http://www.thedailybeast.com/articles/2013/08/28/republicans-admit-voter-id-laws-are-aimed-at-democratic-voters.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+thedailybeast%2Fpolitics+%28The+Daily+Beast+-+Politics%29> for The Daily Beast.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54880&title=%E2%80%9CRepublicans%20Admit%20Voter%20ID%20Laws%20Are%20Aimed%20at%20Democratic%20Voters%E2%80%9D&description=>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>
"King's Deferred 'Dream' of Democracy"<http://electionlawblog.org/?p=54878>
Posted on August 28, 2013 8:56 am<http://electionlawblog.org/?p=54878> by Rick Hasen<http://electionlawblog.org/?author=3>

Janai Nelson writes<http://blogs.reuters.com/great-debate/2013/08/27/kings-deferred-dream-of-democracy/> for Reuters Opinion.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54878&title=%E2%80%9CKing%E2%80%99s%20Deferred%20%E2%80%98Dream%E2%80%99%20of%20Democracy%E2%80%9D&description=>
Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
An Open Letter to Jonathan Tobin on Voter Fraud Allegations<http://electionlawblog.org/?p=54875>
Posted on August 28, 2013 8:32 am<http://electionlawblog.org/?p=54875> by Rick Hasen<http://electionlawblog.org/?author=3>

Mr Tobin,

Is it possible for you to stop the bait and switch<http://electionlawblog.org/?p=48568>? No one I know who has studied this issue says there's no voter fraud (hence, the misleading title of your piece: Are You Sure There's No Voter Fraud<http://www.commentarymagazine.com/2013/08/27/are-you-sure-theres-no-voter-fraud-voter-id-detroi/>?). It happens, especially with absentee ballots.

Instead, the claim is that there's almost no voter impersonation fraud-the main type of fraud a voter id law would be designed to prevent.  For my book The Voting Wars I tried to find a single instance where an election was thrown into question since 1980<http://electionlawblog.org/?p=42150> by such fraud. I could not find<http://electionlawblog.org/?p=19560> a single example. I found lots of examples of absentee ballot fraud, and election officials committing fraud. But because impersonation fraud is such a dumb and inefficient way to steal an election, it is unsurprising that it doesn't happen.  You offer no such examples in your writing; just innuendo.

And please don't tell me that this fraud is both widespread and impossible to detect (to paraphrase Colin Powell's recent remarks). There's not a single credible academic<http://electionlawblog.org/?p=42251> who would agree. We have some comparative numbers from News21<http://electionlawblog.org/?p=48568> on prosecutions for these kinds of crimes. Absentee ballot fraud is a real problem. Impersonation fraud is negligible. There's no reason to believe that impersonation fraud would be harder to catch. In fact, because it would involve a lot of people going to polling places claiming to be someone else, it would be easier to catch.

So spare me the unsubstantiated allegations. And if you are really serious that voter fraud is a major problem, let's see you get behind and advocate for the elimination of no excuse absentee balloting before you attack phantom targets.

Sincerely,

Rick Hasen
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54875&title=An%20Open%20Letter%20to%20Jonathan%20Tobin%20on%20Voter%20Fraud%20Allegations&description=>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

--

Rick Hasen

Chancellor's Professor of Law and Political Science

UC Irvine School of Law

401 E. Peltason Dr., Suite 1000

Irvine, CA 92697-8000

949.824.3072 - office

949.824.0495 - fax

rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>

http://www.law.uci.edu/faculty/full-time/hasen/

http://electionlawblog.org

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Law-election mailing list

Law-election at department-lists.uci.edu<mailto:Law-election at department-lists.uci.edu>

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--

Rick Hasen

Chancellor's Professor of Law and Political Science

UC Irvine School of Law

401 E. Peltason Dr., Suite 1000

Irvine, CA 92697-8000

949.824.3072 - office

949.824.0495 - fax

rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>

http://www.law.uci.edu/faculty/full-time/hasen/

http://electionlawblog.org
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