[EL] ELB News and Commentary 8/5/16
Rick Hasen
rhasen at law.uci.edu
Fri Aug 5 08:02:01 PDT 2016
Key Comments from Nate Persily to @TPM on Trump’s Irresponsible Vote Rigging Charges<http://electionlawblog.org/?p=85014>
Posted on August 5, 2016 7:56 am<http://electionlawblog.org/?p=85014> by Rick Hasen<http://electionlawblog.org/?author=3>
From an important Tierney Sneed piece:<http://talkingpointsmemo.com/dc/trump-rigged-election-voter>
Yet, a study<https://drive.google.com/file/d/0Bzgzy2KXyxqtVUp4VlVzQzEyQlk/view?usp=sharing> published in June by Persily — along with Charles Stewart III and Stephen Ansolabehere — undercut that justification. They found no evidence that voters in states with strict voter ID laws had greater levels of confidence in elections than those in states without them. But Persily worries even if voter ID laws aren’t increasing confidence elections, Trump’s comments are making Americans less trusting of democratic institutions.
“Part of the point here, and this is why the new Donald Trump allegations are critical, is that people lose faith in the democracy when they are on the losing end. So they are more likely to think that their vote was not counted, or there has been voter fraud if their candidate loses,” Persily said. The irony is that voter ID — which Trump uses to exacerbate his supporters’ fears — erects burdens that make it harder for Americans, particularly minorities and lower-income people, to vote.
“You have this perverse cycle here, you are … casting [the electoral system] in a bad light of disrepute, and in the process, by creating these anti-system views, you are now justifying more restrictive measures that might keep people from voting,” Persily said. “And let’s not be a coy about, what does it mean for the people who are unable to vote because of these laws? How do they feel about democracy?”
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Posted in campaigns<http://electionlawblog.org/?cat=59>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>
“Questions and Answers on Voter Fraud”<http://electionlawblog.org/?p=85012>
Posted on August 5, 2016 7:30 am<http://electionlawblog.org/?p=85012> by Rick Hasen<http://electionlawblog.org/?author=3>
Alan Blinder<http://www.nytimes.com/2016/08/05/us/voter-id-laws-donald-trump.html> with an NYT explainer.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“How Donald Trump’s ‘Rigged’ Claim Chips Away at Democracy”<http://electionlawblog.org/?p=85010>
Posted on August 5, 2016 7:29 am<http://electionlawblog.org/?p=85010> by Rick Hasen<http://electionlawblog.org/?author=3>
Important from Brendan Nyhan<http://www.nytimes.com/2016/08/06/upshot/how-donald-trumps-rigged-claim-chips-away-at-democracy.html?ref=politics&_r=0> at NYT’s The UpShot.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>
“Donald Trump’s Campaign Website Won’t Let You Cancel Recurring Donations”<http://electionlawblog.org/?p=85008>
Posted on August 4, 2016 9:39 pm<http://electionlawblog.org/?p=85008> by Rick Hasen<http://electionlawblog.org/?author=3>
Money.Mic:<https://mic.com/articles/150640/donald-trump-donations-how-to-stop-recurring-payments-credit-cards?utm_source=policymicFB&utm_medium=main&utm_campaign=social#.bglli9D0q>
You used to love Republican presidential nominee Donald Trump<https://mic.com/topic/donald-trump>, but now you’ve had a change of heart<https://mic.com/articles/150498/donald-trump-reportedly-asked-why-the-us-can-t-just-use-nuclear-weapons#.J925rHKht> — and want to cancel your recurring monthly donation to his campaign?
Too bad.
As the screenshots below demonstrate, there is no option on Trump’s website<https://secure.donaldjtrump.com/donate/> to cancel monthly contributions or remove your credit card information: Once you’ve set up a donation, you may only switch from one valid credit card to another.
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Posted in campaigns<http://electionlawblog.org/?cat=59>
“With Billionaires Backing Her, Hillary Clinton Must Confront How to Deploy Them”<http://electionlawblog.org/?p=85006>
Posted on August 4, 2016 9:22 pm<http://electionlawblog.org/?p=85006> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT<http://www.nytimes.com/2016/08/05/us/politics/with-billionaires-backing-her-hillary-clinton-must-confront-how-to-deploy-them.html?ref=politics>:
Now that Hillary Clinton has assembled a bipartisan cadre of billionaires to support her candidacy, how does she disperse the moneyed elite to help her in a campaign focused on income inequality?
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, Plutocrats United<http://electionlawblog.org/?cat=104>
“Movement for Stricter Voting Rules Hit by Wave of Skeptical Court Rulings”<http://electionlawblog.org/?p=85004>
Posted on August 4, 2016 9:17 pm<http://electionlawblog.org/?p=85004> by Rick Hasen<http://electionlawblog.org/?author=3>
Jess Bravin reports<http://www.wsj.com/article_email/movement-for-stricter-voting-rules-hit-by-wave-of-skeptical-court-rulings-1470330464-lMyQjAxMTE2MTAxNDEwODQ2Wj> for the WSJ.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Harris County Sued over Disabled Voting Access”<http://electionlawblog.org/?p=85002>
Posted on August 4, 2016 9:12 pm<http://electionlawblog.org/?p=85002> by Rick Hasen<http://electionlawblog.org/?author=3>
Texas Tribune<https://www.texastribune.org/2016/08/04/harris-county-violated-disability-law-polling-plac/>:
Harris County, which includes Houston, has violated the Americans with Disabilities Act because many of its polling places are inaccessible to voters with disabilities, a new lawsuit filed by the U.S. Department of Justice alleges.
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Posted in voters with disabilities<http://electionlawblog.org/?cat=71>
Execrable Statement from Republican Election Lawyers Group Supporting Trump Election Rigging Claim<http://electionlawblog.org/?p=85000>
Posted on August 4, 2016 6:26 pm<http://electionlawblog.org/?p=85000> by Rick Hasen<http://electionlawblog.org/?author=3>
I suppose I shouldn’t be surprised by this RNLA bile<http://rnla.org/VoteFraud.pdf>.
Dangerous and irresponsible.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>
“Back in the Booth”<http://electionlawblog.org/?p=84998>
Posted on August 4, 2016 2:22 pm<http://electionlawblog.org/?p=84998> by Rick Hasen<http://electionlawblog.org/?author=3>
Steve Mazie<http://www.economist.com/news/united-states/21703386-wave-rulings-may-help-democrats-november-back-booth> for the Economist on the latest voting rulings.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Commentary: How voting rights’ victories could change the presidential race”<http://electionlawblog.org/?p=84996>
Posted on August 4, 2016 2:21 pm<http://electionlawblog.org/?p=84996> by Rick Hasen<http://electionlawblog.org/?author=3>
William Yeomans for Reuters Opinion.<http://www.reuters.com/article/us-elections-voting-race-commentary-idUSKCN10E09U>
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Voter-ID Laws in Jeopardy As Texas Agrees to Ease Its Rules”<http://electionlawblog.org/?p=84992>
Posted on August 4, 2016 2:04 pm<http://electionlawblog.org/?p=84992> by Richard Pildes<http://electionlawblog.org/?author=7>
From Greg Stohr, at Bloomberg Politics here<http://www.bloomberg.com/politics/articles/2016-08-04/voter-id-laws-in-jeopardy-as-texas-agrees-to-ease-its-rules>:
Under the state’s agreement with the Obama administration and voting-rights advocates, people lacking one of the required IDs will have more options in November. They will now be able to provide voter registration cards, certified birth certificates, utility bills, government checks, pay stubs or bank statements with their names and addresses on them.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
Justice Kennedy Denies Stay in False Judicial Elections Speech Case<http://electionlawblog.org/?p=84991>
Posted on August 4, 2016 2:02 pm<http://electionlawblog.org/?p=84991> by Rick Hasen<http://electionlawblog.org/?author=3>
Following up on this post<http://electionlawblog.org/?p=84873>, motion for stay denied (without requesting response or referring to full Court).
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Posted in campaigns<http://electionlawblog.org/?cat=59>, Supreme Court<http://electionlawblog.org/?cat=29>
4th Circuit Denies Stay, Sending NC to #SCOTUS for Possible Stay in Voting Case<http://electionlawblog.org/?p=84989>
Posted on August 4, 2016 2:00 pm<http://electionlawblog.org/?p=84989> by Rick Hasen<http://electionlawblog.org/?author=3>
Following up on this post,<http://electionlawblog.org/?p=84916> here’s today’s docket notation:
COURT ORDER filed [999904865] denying Motion to recall mandate [155]; denying Motion to stay mandate [FRAP 41(d)]. [155] Copies to all parties.
And from the opinion,<http://pdfserver.amlaw.com/nlj/NC_voter_ca4_20160804.pdf> the 4th Circuit tries to preempt a Purcell principle timing issue:
Moreover, recalling or staying the mandate now would only undermine the integrity and efficiency of the upcoming election. “Court orders affecting elections, especially conflicting orders, can themselves result in voter confusion and consequent incentive to remain away from the polls. As an election draws closer, that risk will increase.” Purcell v. Gonzalez, 549 U.S. 1, 4-5 (2006). The State has already notified its voters that it will not ask them to show ID and that early voting will begin on October 20. Press Release, N.C. State Bd. Of Elections, Statement regarding Fourth Circuit Ruling (July 29, 2016), www.ncsbe.gov/pressreleases?udt_2226_param_detail=52. Voters are likely to rely on that announcement. At oral argument, the State assured us that it would be able to comply with any order we issued by late July. As to early voting locations and staffing, we were told that at a minimum the State could conduct early voting at the Board of Elections office for each county. As to the photo ID requirement, the State informed us that it would comply with an injunction of that law by instructing its poll workers not to require photo ID. And, as the State acknowledges, its SEIMS system is already prepared to implement same-day registration and out-of-precinct voting. The State told us that the proofs for its voter guide were not due until August 5, and that its election official training would not begin until August 8. We issued our opinion, injunction, and mandate a week in advance of those dates. Because of these assurances, we are confident that North Carolina can conduct the 2016 election in compliance with our injunction.
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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>, Voting Rights Act<http://electionlawblog.org/?cat=15>
New Edition of The Law of Democracy Available<http://electionlawblog.org/?p=84987>
Posted on August 4, 2016 1:57 pm<http://electionlawblog.org/?p=84987> by Richard Pildes<http://electionlawblog.org/?author=7>
The new, 5th edition of The Law of Democracy: Legal Structure of the Political Process is in print and now available for all the academics, judges, and lawyers who rely on the book. For the first time, we are also going to have a supplemental website available for casebook users that will contain additional materials, such as redistricting maps, power-point presentations, videos of certain lectures we have done for our students, videos of campaign ads, and other materials we have found to enhance our teaching of the course. That site will be ready soon and I will send the link when it becomes available.
From my earlier post announcing that the 5th edition would be coming, here is a brief description of some of the major changes in the book:
Our treatment of campaign finance has been significantly enhanced. We have reorganized and expanded the materials in Chapter 5 to cover this increasingly dominant subject. We have included more background material to help students appreciate the various critical actors in the system, and for casebook users who have clamored for years for the inclusion of the actual decision in Buckley v. Valeo, your wish has been granted. We have also organized the materials a bit more conceptually, so that the early parts of the Chapter focus on “corruption” and the expenditure/contribution divide, while the later portions of the chapter focus on key organizational entities, such as political parties and corporations. In addition, we have expanded our coverage of SuperPACs and other contemporary financing vehicles; added new material on lobbying and the boundary between crime and ordinary democratic politics; and enhanced our coverage of disclosure, as that issue has taken on greater importance and become more controversial.
While our coverage of campaign finance has expanded, we have condensed some of our coverage of the Voting Rights Act and related issues. We have compressed the four chapters in the Fourth Edition that dealt with qualitative vote-dilution claims into two chapters in the new edition. We have integrated the racial and partisan vote dilution issues in a new approach; a new Chapter 6 now presents the constitutional vote dilution issues first in the race context and then in the partisan gerrymandering context. Chapter 7 is devoted exclusively to the Voting Rights Act. We have shortened the legislative history of Section 2, and tightened our coverage of Section 2 vote-dilution claims, while adding coverage of Section 2 vote-denial claims. In the wake of the Supreme Court’s decision in Shelby County v. Holder, we have streamlined significantly our coverage of the preclearance regime of Section 5, while preserving the core issues that continue to have current implications.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“What If Trump Drops Out?”<http://electionlawblog.org/?p=84985>
Posted on August 4, 2016 11:30 am<http://electionlawblog.org/?p=84985> by Rick Hasen<http://electionlawblog.org/?author=3>
I have written this piece<http://www.latimes.com/opinion/op-ed/la-oe-hasen-trump-drop-out-20160804-snap-story.html> for the LA Times. It begins:
Donald Trump has had a very bad week, picking inexplicable fights with the parents of fallen soldiers, with war heroes, fire marshals and even babies. It’s probably just wishful thinking, but rumors are now swirling<http://abcnews.go.com/Politics/senior-gop-officials-exploring-options-trump-drops/story?id=41089609> that he’s sabotaging his chances because he doesn’t really want to make it to the White House, and will eventually drop out.
In the — very unlikely — scenario that Trump leaves the race, the Republican Party would have the chance to name his replacement. Here comes Paul Ryan, 2016! Or perhaps Mitt Romney Redux? But that’s easier said than done and would require some flexibility in the courts.
It references my work on the Democracy Canon<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1344476> and concludes:
Of course, some Democrats would just love it if Trump would drop out of the race even as his name lingered on the ballot. That scenario would certainly give their candidate, Hillary Clinton, an enormous advantage. But our democracy functions best when there is a fair contest between two or more candidates or parties, and the letter of election law, unless crystal clear, shouldn’t get in the way of a meaningful choice.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, statutory interpretation<http://electionlawblog.org/?cat=21>
“A Bipartisan Election Reform? Explaining Support for Online Voter Registration in the American States”<http://electionlawblog.org/?p=84983>
Posted on August 4, 2016 10:03 am<http://electionlawblog.org/?p=84983> by Rick Hasen<http://electionlawblog.org/?author=3>
New American Politics Research article <http://apr.sagepub.com/content/early/2016/08/01/1532673X16661818.abstract> by William Hicks, Seth McKee and Dan Smith. Here is the abstract:
Online voter registration (OVR) is an election reform that has recently taken hold in more than half of the American states. Election administration observers have marveled at both the rapid diffusion and bipartisan support associated with legislative passage of OVR. We examine the likelihood a lawmaker voted in favor or against OVR in legislatures approving the reform. Despite the leading narrative of both parties overwhelmingly embracing OVR, we find that lawmaker support is clearly rooted in political calculations. Most prominent is a partisan divide, with Republicans in polarized legislatures with a Democratic majority decidedly less supportive of OVR. In addition, a host of contextual factors tied to the variation in partisan and electoral power affect the probability a state legislator votes in favor of this reform. We argue that the near-consensus position of Democrats (more than 90% voted “yea” on OVR) and the impressive supermajority of Republicans backing OVR (greater than 70%) have diverted attention from the reasons why there is opposition to this seemingly noncontroversial reform.
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Posted in election administration<http://electionlawblog.org/?cat=18>
“Courts Push Back on Voter ID Laws”<http://electionlawblog.org/?p=84981>
Posted on August 4, 2016 9:28 am<http://electionlawblog.org/?p=84981> by Rick Hasen<http://electionlawblog.org/?author=3>
Great Chris Hayes segment <http://on.msnbc.com/2avDl7Q> with Dale Ho and Zack Roth. Watch!
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
Hillary Clinton “Wants to Separate” Minority and Non-Minority Voters, Both Parties Want Election “Chaos’<http://electionlawblog.org/?p=84978>
Posted on August 4, 2016 9:21 am<http://electionlawblog.org/?p=84978> by Rick Hasen<http://electionlawblog.org/?author=3>
The latest nonsense from True the Vote:
[creen Shot 2016-08-04 at 9.21.08 AM]<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2016-08-04-at-9.21.08-AM.png>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84978&title=Hillary%20Clinton%20%26%238220%3BWants%20to%20Separate%26%238221%3B%20Minority%20and%20Non-Minority%20Voters%2C%20Both%20Parties%20Want%20Election%20%26%238220%3BChaos%26%238217%3B&description=>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>
“Why Voter ID Laws Are Losing Judges’ Support”<http://electionlawblog.org/?p=84975>
Posted on August 4, 2016 8:22 am<http://electionlawblog.org/?p=84975> by Rick Hasen<http://electionlawblog.org/?author=3>
Alan Greenblatt<http://www.governing.com/topics/elections/gov-voter-id-rulings-north-dakota-wisconsin-north-carolina.html> for Governing.
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Posted in election administration<http://electionlawblog.org/?cat=18>
Texas Makes Clear It is Agreeing to Help Voters Only for Now, Reserving Right to Suppress in the Future<http://electionlawblog.org/?p=84973>
Posted on August 4, 2016 8:19 am<http://electionlawblog.org/?p=84973> by Rick Hasen<http://electionlawblog.org/?author=3>
Filing<http://www.politico.com/f/?id=00000156-560c-dda8-af76-56ac9c1f0001> (via Josh Gerstein<https://twitter.com/joshgerstein/status/761214854405451776>)
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Election Protection Releases New Report Providing Review of Voting Rights Problems During 2016 Primary Election Season Ahead of the 51st Anniversary of the Voting Rights Act”<http://electionlawblog.org/?p=84971>
Posted on August 4, 2016 8:16 am<http://electionlawblog.org/?p=84971> by Rick Hasen<http://electionlawblog.org/?author=3>
Release<https://lawyerscommittee.org/press-release/election-protection-releases-new-report-providing-review-voting-rights-problems-2016-primary-election-season-ahead-51st-anniversary-voting-rights-act/>.
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Posted in election administration<http://electionlawblog.org/?cat=18>, 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<http://electionlawblog.org/>
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