[EL] more news 7/31/14
Rick Hasen
rhasen at law.uci.edu
Thu Jul 31 09:41:11 PDT 2014
Irony Dept: Only Evidence of Voter Fraud Cited by WI Supreme Court
Involves Scott Walker Supporter Committing Fraud ID Law Would Not
Prevent <http://electionlawblog.org/?p=63868>
Posted on July 31, 2014 9:37 am <http://electionlawblog.org/?p=63868>by
Rick Hasen <http://electionlawblog.org/?author=3>
In both of today's Wisconsin Supreme Court voter id cases (the NAACP
case
<http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118667>
and the LWV case
<http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118665>),
the court majority includes an identical footnote to rebut the argument
that there's no good evidence of in person, impersonation voter fraud to
support the state's voter id requirement. (Justice Crooks' dissent in
the NAACP case describes the lack of good evidence of impersonation
voter fraud, and the testimony of Professor Kenneth Mayer in some
detail). Here is the footnote, in full:
A recent filing in Milwaukee County demonstrates that voter fraud is
a concern. See State v. Monroe, 2014CF2625 (June 20, 2014), wherein
the Milwaukee County District Attorney's office filed a criminal
complaint against Robert Monroe that alleged 13 counts of voter
fraud, including multiple voting in elections and providing false
information to election officials in order to vote.
My irony meter started blinking uncontrollably when I read this. The
Monroe allegations were recently described by TPM in Scott Walker
Supporter Charged With Major Voter Fraud Claims Amnesia:
A supporter of Wisconsin Gov. Scott Walker (R) has been charged with
over a dozen counts of election fraud --- though he reportedly
claims a form of temporary amnesia has left him unable to recall his
actions.
In an indictment filed in Milwaukee County court on Friday, Robert
Monroe, 50, of Shorewood, Wis., was charged with 13 felony counts of
election fraud, each of which could carry up to three and a half
years in prison, or a $10,000 fine, upon conviction. Monroe is
accused of registering to vote in more than one place, voting where
he didn't live, voting more than once in the same election, and
providing false information to election officials.
The indictment said that Monroe, a health insurance executive,
"became especially focused upon political issues and causes" in 2011
and 2012, and was particularly invested in the recall elections that
followed the state's fight over public employees' collective
bargaining rights. Monroe allegedly cast at least two ballots in
three elections (an April 2011 Supreme Court election, an August
2011 state Senate recall election, and the 2012 presidential
election) and cast five ballots in the state's June 2012
gubernatorial recall.
From TPM's description of the indictment, it does not appear that ANY
of the alleged 13 counts of voter fraud that Mr. Monroe was charged with
would have been stopped by a voter id requirement. And note that all of
them were caught /without/ a voter id requirement. And note that despite
the fact that the most rabid conservatives calling for voter id claim
(as Roger Clegg did at a recent event I did with him at the University
of Chicago's Institute of Politics) that when voter fraud occurs it is
usually done to help Democrats, this /only/ case cited by the Wisconsin
Supreme Court majority involves a rabid conservative supporter of Scott
Walker.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
fraudulent fraud squad <http://electionlawblog.org/?cat=8>, The Voting
Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9>
WI Supreme Court Rewrites State Voter ID Law to Prevent It from
Being an Unconstitutional Poll Tax
<http://electionlawblog.org/?p=63866>
Posted on July 31, 2014 9:29 am <http://electionlawblog.org/?p=63866>by
Rick Hasen <http://electionlawblog.org/?author=3>
In today's 4-3 Wisconsin Supreme Court voter id case (the NAACP case
<http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118667>,
not the LWV case
<http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118665>),
the Wisconsin Supreme Court splits along party lines in upholding the
voter id law against a challenge that it violates the state
constitution. Nonetheless the Court rewrites the law to avoid a
constitutional problem it identifies. Roughly speaking, although WI law
lets you get a free state id if you don't have one for voting, the costs
of obtaining the birth certificate or other proof needed to get the id
is not free. The majority then imposes a requirement that the DMV
consider giving the birth certificate for free for this purpose using
its discretion. From paragraph 70:
Stated otherwise, to invoke an administrator's discretion in the
issuance of a DOT photo identification card to vote, an elector:
(1) makes a written petition to a DMV administrator as directed by
Wis. Admin. Code § Trans 102.15(3)(b) set forth above; (2) asserts
he or she is "unable" to provide documents required by § Trans
102.15(3)(a) without paying a fee to a government agency to obtain
them; (3) asserts those documents are "unavailable" without the
payment of such a fee; and (4) asks for an exception to the
provision of § Trans 102.15(3)(a) documents whereby proof of name
and date of birth that have been provided are accepted. § Trans
102.15(3)(b) and (c). Upon receipt of a petition for an exception,
the administrator, or his or her designee, shall exercise his or her
discretion in a constitutionally sufficient manner.
Dissenting Justice Crooks remarks on this procedure:
If the majority opinion leaves in place the discretion of DMV
administrators to issue exceptions to those burdened by the cost of
obtaining underlying documentation, it fails to guarantee
constitutional protections against poll taxes. On the other hand, if
the majority opinion requires DMV administrators to issue photo
identification cards to individuals who are burdened by the cost of
obtaining required underlying documentation, then it is directing a
nonparty to take specific action, which it has no authority to do.
In sum, the remedy imposed by the majority, under either
approach, is flawed.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9>
"Hundreds of big donors, including Obama bundlers, are 'Ready for
Hillary'" <http://electionlawblog.org/?p=63864>
Posted on July 31, 2014 9:21 am <http://electionlawblog.org/?p=63864>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/politics/hundreds-of-big-donors-including-obama-bundlers-are-ready-for-hillary/2014/07/31/e9dfbdf2-181e-11e4-9349-84d4a85be981_story.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Paul Gronke's Reflections on Being Election Observer in Ukraine
<http://electionlawblog.org/?p=63862>
Posted on July 31, 2014 8:41 am <http://electionlawblog.org/?p=63862>by
Rick Hasen <http://electionlawblog.org/?author=3>
Top this week's Electionline Weekly
<http://www.electionline.org/index.php/electionline-weekly>.
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Posted in election administration <http://electionlawblog.org/?cat=18>
"Eric Holder Takes Voting Rights Battle to Ohio, Wisconsin"
<http://electionlawblog.org/?p=63860>
Posted on July 31, 2014 8:38 am <http://electionlawblog.org/?p=63860>by
Rick Hasen <http://electionlawblog.org/?author=3>
WSJ reports.
<http://online.wsj.com/articles/eric-holder-takes-voting-rights-battle-to-ohio-wisconsin-1406752699>
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
election administration <http://electionlawblog.org/?cat=18>, The Voting
Wars <http://electionlawblog.org/?cat=60>, Voting Rights Act
<http://electionlawblog.org/?cat=15>
"125,000 receive erroneous notification regarding voting status"
<http://electionlawblog.org/?p=63858>
Posted on July 31, 2014 8:37 am <http://electionlawblog.org/?p=63858>by
Rick Hasen <http://electionlawblog.org/?author=3>
Times Dispatch
<http://www.timesdispatch.com/news/state-regional/virginia-politics/receive-erroneous-notification-regarding-voting-status/article_6a908c80-1822-11e4-be1e-001a4bcf6878.html>:
"The Virginia Department of Elections has erroneously mailed
notifications to about 125,000 registered Virginia voters raising
uncertainty regarding their voting status."
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Posted in election administration <http://electionlawblog.org/?cat=18>
"Minneapolis Registration Controversy Leads to Wider Scrutiny of
Private Mail Centers" <http://electionlawblog.org/?p=63856>
Posted on July 31, 2014 8:34 am <http://electionlawblog.org/?p=63856>by
Rick Hasen <http://electionlawblog.org/?author=3>
A ChapinBlog.
<http://blog.lib.umn.edu/cspg/electionacademy/2014/07/minneapolis_registration_contr.php>
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Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
election administration <http://electionlawblog.org/?cat=18>
"Corporations Have Found Yet Another (Secret) Way To Help Get
Politicians Elected" <http://electionlawblog.org/?p=63854>
Posted on July 31, 2014 8:32 am <http://electionlawblog.org/?p=63854>by
Rick Hasen <http://electionlawblog.org/?author=3>
Paul Blumenthal
<http://www.huffingtonpost.com/2014/07/31/super-pacs-corporations_n_5635382.html>:
On June 14, 2012, someone created a corporation in Ohio called
American Dream Fund LLC
<http://www2.sos.state.oh.us/reports/rwservlet?imgc&Din=201217001210>.
Six months later, this corporation made a $250,000 contribution to a
super PAC called Advancing Freedom Action Network
<http://about.me/advancingfreedom>, which supports the re-election
of Ohio Secretary of State Jon Husted (R).
The actual person behind American Dream Fund LLC remains unknown.
The limited liability corporation was created by an incorporation
firm called CT Corporation System. The LLC's listed agents are
simply hired incorporators working for CT Corporation System.
The contribution itself was even made harder to detect. Advancing
Freedom Action Network, which was registered with the Federal
Election Commission in August 2012 by Husted ally Kevin DeWine,
failed to file reports electronically, as required by law. The
American Dream Fund contribution appeared only on a paper report
<http://docquery.fec.gov/pdf/341/13031021341/13031021341.pdf>, where
it was apparently missed by the FEC staff and automated software. It
is not noted on the FEC's webpage for the super PAC or in other
campaign contribution databases across the Internet.
DeWine did not respond to a request for comment.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
election administration <http://electionlawblog.org/?cat=18>
"Politicians: The Good , The Bad, and The Corrupt--and their
Different 'Constituencies'" <http://electionlawblog.org/?p=63852>
Posted on July 31, 2014 8:30 am <http://electionlawblog.org/?p=63852>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bauer blogs.
<http://www.moresoftmoneyhardlaw.com/2014/07/politicians-good-bad-corrupt-different-constituencies/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Groups Seek Summary Judgment Against FEC for Dismissal of
Crossroads GPS Complaint" <http://electionlawblog.org/?p=63850>
Posted on July 31, 2014 8:25 am <http://electionlawblog.org/?p=63850>by
Rick Hasen <http://electionlawblog.org/?author=3>
See here
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2555:fec-general-counsels-findings-a-recommendations-to-investigate-ignored&catid=63:legal-center-press-releases&Itemid=61>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
--
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
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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