[EL] ELB News and Commentary 8/8/16

Rick Hasen rhasen at law.uci.edu
Mon Aug 8 07:46:07 PDT 2016


“Republicans Are Not Attacking Democracy; Not every battle over voting is an assault on democratic values.”<http://electionlawblog.org/?p=85092>
Posted on August 8, 2016 7:42 am<http://electionlawblog.org/?p=85092> by Rick Hasen<http://electionlawblog.org/?author=3>

I have written this piece<http://www.theatlantic.com/politics/archive/2016/08/gop-voting-rights/494816/> for The Atlantic. It begins:

Has the Republican Party engaged in “a coordinated attack on democracy,” by restricting voting rules, opening the campaign-money spigot, blocking progressive local laws and consumer protections, engaging in partisan gerrymandering, and stacking the courts with judges to give their repressive program a green light?

That’s the provocative thesis of Zachary Roth’s engaging and very readable book,The Great Suppression: Voting Rights, Corporate Cash, and the Conservative Assault on Democracy.<https://www.amazon.com/Great-Suppression-Corporate-Conservative-Democracy/dp/110190576X> But Roth’s argument is overwrought, painting the picture of a vast right-wing conspiracy with too broad of a brush, and failing to distinguish between normal political competition and political chicanery.

It concludes:

Of course, many Republicans fight for less environmental protection, no federal minimum wage, a lifetime ban on felons’ voting, and courts with Republican-appointed judges who uphold their legislative agendas and constitutional vision.  That doesn’t mean they are rigging democracy any more than Democrats are rigging things when they fight for more environmental protection, higher minimum wages, reinstatement of felon voting rights after they complete their sentences, and courts with Democratic-appointed judges who uphold their legislative agendas and constitutional vision.

It’s a mistake to read all Republican efforts to enact their vision into law as assaults on democracy. Some may be, like the ridiculous efforts to make it harder to register and to vote<http://www.nytimes.com/2016/08/02/opinion/campaign-stops/turning-the-tide-on-voting-rights.html?_r=0>. But legitimate disagreement on policy and ideology does not a conspiracy make.

Democrats can and should fight the Republicans over their ideas, and call them out when they seek to limit access to the ballot. Roth’s book tells compelling stories about disturbing conservative agendas that every progressive should know, and that not only will make those on the left mad but hopefully mobilized into political action.

But labeling every Republican belief and ideological position an assault on democracy will cause further deterioration in Americans’ faith in the democratic process.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, The Voting Wars<http://electionlawblog.org/?cat=60>


This Week’s Goldfeder Presidential Quiz<http://electionlawblog.org/?p=85090>
Posted on August 8, 2016 7:30 am<http://electionlawblog.org/?p=85090> by Rick Hasen<http://electionlawblog.org/?author=3>

Get your fix.<http://www.stroock.com/files/upload/JerryGoldfederDailyQuiz.pdf>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Political Morality and the Trump Candidacy: Part II”<http://electionlawblog.org/?p=85088>
Posted on August 8, 2016 7:25 am<http://electionlawblog.org/?p=85088> by Rick Hasen<http://electionlawblog.org/?author=3>

Bauer blogs.<http://www.moresoftmoneyhardlaw.com/2016/08/political-morality-trump-candidacy-part-ii/>
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Posted in campaigns<http://electionlawblog.org/?cat=59>


“Defend democracy by restoring the Voting Rights Act”<http://electionlawblog.org/?p=85086>
Posted on August 8, 2016 7:23 am<http://electionlawblog.org/?p=85086> by Rick Hasen<http://electionlawblog.org/?author=3>

Vanita Gupta of DOJ with this WaPo oped<https://www.washingtonpost.com/opinions/defend-democracy-by-restoring-the-voting-rights-act/2016/08/01/9be58996-5756-11e6-831d-0324760ca856_story.html>.
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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>, VRAA<http://electionlawblog.org/?cat=81>


George Will on Trump, #SCOTUS, Kelo and Citizens United<http://electionlawblog.org/?p=85084>
Posted on August 8, 2016 7:22 am<http://electionlawblog.org/?p=85084> by Rick Hasen<http://electionlawblog.org/?author=3>

New column<http://www.oregonlive.com/opinion/index.ssf/2016/08/the_sinking_fantasy_that_trump.html>:

The court has said that campaign-speech regulations can be justified to combat corruption or the appearance thereof. Trump says he has made innumerable contributions to members of both parties because, “When you give, they do whatever the hell you want them to do.”

Before he decided to solicit contributors, he said his wealth made him the only candidate impervious to corruption. It is unlikely that he would nominate to the court persons who believe that the First Amendment, properly construed, requires the deregulation of political speech. The mast-clingers should remember that Trump’s hostility to First Amendment values is apparent in his desire to “loosen” libel laws, thereby making it easier to sue or intimidate people who criticize people like him.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, Supreme Court<http://electionlawblog.org/?cat=29>


“Let Voters Vote”<http://electionlawblog.org/?p=85082>
Posted on August 8, 2016 7:20 am<http://electionlawblog.org/?p=85082> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT letter to the editor<http://www.nytimes.com/2016/08/08/opinion/let-voters-vote.html?_r=0> about my recent NYT oped, Turning the Tide on Voting Rights<http://www.nytimes.com/2016/08/02/opinion/campaign-stops/turning-the-tide-on-voting-rights.html?ref=opinion>.
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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>


“Birthplace of Sit-In Movement Takes Center Stage In Next Chapter of NC’s Voting Wars”<http://electionlawblog.org/?p=85080>
Posted on August 7, 2016 8:17 pm<http://electionlawblog.org/?p=85080> by Rick Hasen<http://electionlawblog.org/?author=3>

If only<http://nc-democracy.org/birthplace-of-sit-in-movement-takes-center-stage-in-next-chapter-of-ncs-voting-wars/> there were still a Section 5 applicable to Guilford County NC<https://www.justice.gov/crt/jurisdictions-previously-covered-section-5> then they couldn’t do this without proving it wouldn’t make protected minority voters worse off:

WHAT:   Despite the recent federal court ruling against voting restrictions, the Republican majority on the Guilford County Board of Elections (Greensboro) wants toreduce the 2016 Early Voting plan from what the county offered in 2012.

On Monday, August 8, the Board will take up and likely vote on a plan that would:
·         cut by nearly half the number of Early Voting sites provided in 2012, including most sites inside Greensboro;
·         completely eliminate Sunday voting;
·         cut the popular site in the African-American community at Barber Park; and
·         eliminate the sites at UNC-Greensboro and NC A&T University.

WHEN:  The three-member Guilford County Board of Elections is holding a special meeting on Monday, August 8, at 1 p.m.<http://demnc.co/guilfordboemtg> to consider this plan by the two Republicans, as well as a proposal from the lone Democrat on the Board. A majority vote carries the day.

August 8 is two days after the 51st anniversary of the signing of the Voting Rights Act.

Thanks Chief Justice Roberts.

(h/t Ari Berman<https://twitter.com/AriBerman/status/762484623523721216>)
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>


Quote of the Day<http://electionlawblog.org/?p=85078>
Posted on August 7, 2016 8:02 pm<http://electionlawblog.org/?p=85078> by Rick Hasen<http://electionlawblog.org/?author=3>

“If you don’t have a photo ID by the time you are old enough to vote, then you probably are too dumb to vote anyway. Sorry, but I have no sympathy for anyone living in America without an ID of some kind”

—A North Carolina voter unhappy with the 4th Circuit voting ruling, quoted by the Winston-Salem Journal.<http://www.journalnow.com/opinion/editorials/scorecard-the-election-law-ruling/article_0573d028-9063-5a08-99fd-0b2cecc61792.html>
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>


“The crusade of a Democratic superlawyer with multimillion-dollar backing”<http://electionlawblog.org/?p=85076>
Posted on August 7, 2016 7:56 pm<http://electionlawblog.org/?p=85076> by Rick Hasen<http://electionlawblog.org/?author=3>

Bob Barnes<https://www.washingtonpost.com/politics/courts_law/the-crusade-of-a-democratic-super-lawyer-with-multimillion-dollar-backing/2016/08/07/2c1b408c-5a54-11e6-9767-f6c947fd0cb8_story.html> for WaPo:

Elias, a go-to lawyer for Democrats in recount fights and redistricting battles, has now taken a prominent and somewhat controversial place among the coalition of groups challenging a wave of state election laws that were rewritten in recent years.
 With a multimillion-dollar commitment from liberal mega-donor George Soros, Elias is challenging laws that, he argues, diminish the impact of important Democratic Party constituencies of African Americans, Latinos and young people…

The legal battles against voting restrictions continue to be led by civil rights groups, such as the American Civil Rights Union, the NAACP Legal Defense and Educational Fund, Advancement Project and others.

But Elias’s efforts explicitly on behalf of Democrats have made 2016 different. Besides joining the efforts of civil rights groups in several states, he has also struck out on his own, bringing additional claims in states that are especially important for Hillary Clinton’s campaign and future Democratic candidates. These include Ohio, Arizona and Virginia.

Some who have worked on voting issues for years are wary of the optics. “I love Marc, but I want to be very clear about who we are and who he represents,” said Sherrilyn Ifill, president and general counsel of the NAACP LDF. “I don’t want what we have been doing for years [protecting minority voting rights] to be dismissed as partisan.”

She adds that as a civil rights lawyer, “I sued plenty of Democrats.”

Elias joined civil rights groups in some cases but said he also filed lawsuits in places where a favorable ruling will help the Democratic Party.

“We’re challenging the laws in the states in which we have the greatest concern,” he said. “Regardless of who the plaintiff is, protecting civil rights ought to be something that we all strive to do.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, election law biz<http://electionlawblog.org/?cat=51>, The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>


“The Future Of Kansas Voter Laws”<http://electionlawblog.org/?p=85074>
Posted on August 7, 2016 7:53 pm<http://electionlawblog.org/?p=85074> by Rick Hasen<http://electionlawblog.org/?author=3>

NPR talks<http://www.npr.org/2016/08/07/489061715/the-future-of-kansas-voter-laws?utm_campaign=storyshare&utm_source=twitter.com&utm_medium=social> to Kansas SOS Kris Kobach and Bryan Lowry.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Questioning If An Election Will Be ‘Rigged’ Strikes At The Heart Of Democracy”<http://electionlawblog.org/?p=85072>
Posted on August 7, 2016 7:50 pm<http://electionlawblog.org/?p=85072> by Rick Hasen<http://electionlawblog.org/?author=3>

NPR<http://www.npr.org/2016/08/07/488893858/questioning-if-an-election-will-be-rigged-strikes-at-the-heart-of-democracy>:

But American democracy is founded on peaceful transitions. President Obama reaffirmed in a news conference Thursday that even if Trump, someone he has called “unfit” to serve in the office, were to win the presidency, Obama would do everything he could to make sure Trump is as prepared as possible in a peaceful transition.

Cries about the validity of an election are usually heard more often in third-world countries, places with authoritarian regimes lacking established democracies and fair checks and balances. They’re the kinds of places the U.S. and United Nations might send election monitors. For the voting process to be called into question, experts say, it is a threat to American democracy itself.

“I think it’s a dangerous game because our democracy depends upon losers having confidence that the election was fairly run,” said Rick Hasen, a professor of law and political science at University of California-Irvine. “That’s really what separates democracies from other places: Losers accept being on the short end of an election result. So I do think that there is reason to be concerned.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Researchers or Corporate Allies? Think Tanks Blur the Line”<http://electionlawblog.org/?p=85070>
Posted on August 7, 2016 7:46 pm<http://electionlawblog.org/?p=85070> by Rick Hasen<http://electionlawblog.org/?author=3>

Must-read NYT<http://www.nytimes.com/2016/08/08/us/politics/think-tanks-research-and-corporate-lobbying.html?_r=0>:

Think tanks, which position themselves as “universities without students,” have power in government policy debates because they are seen as researchers independent of moneyed interests. But in the chase for funds, think tanks are pushing agendas important to corporate donors, at times blurring the line between researchers and lobbyists. And they are doing so while reaping the benefits of their tax-exempt status, sometimes without disclosing their connections to corporate interests.

Thousands of pages of internal memos and confidential correspondence between Brookings and other donors — like JPMorgan Chase<https://www.documentcloud.org/documents/2972643-Brookings-MetroDonors1203.html#document/p9/a307258>, the nation’s largest bank;K.K.R<https://www.documentcloud.org/documents/2972643-Brookings-MetroDonors1203.html#document/p179/a307288>., the global investment firm; Microsoft<https://www.documentcloud.org/documents/3005283-Brookings-Microsoft-SOW-Oct-11-13-SIGNED.html>, the software giant; and Hitachi<https://www.documentcloud.org/documents/2972643-Brookings-MetroDonors1203.html#document/p202/a307291>, the Japanese conglomerate — show that financial support often came with assurances from Brookings that it would provide “donation benefits,” including setting up events featuring corporate executives with government officials, according to documents obtained by The New York Times and the New England Center for Investigative Reporting<http://eye.necir.org/>.

Similar arrangements exist at many think tanks. On issues as varied as military sales to foreign countries, international trade, highway management systems and real estate development, think tanks have frequently become vehicles for corporate influence and branding campaigns.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“A Welcome Defeat for the North Carolina Legislature’s Effort to Hobble Black Voting”<http://electionlawblog.org/?p=85068>
Posted on August 7, 2016 7:35 pm<http://electionlawblog.org/?p=85068> by Rick Hasen<http://electionlawblog.org/?author=3>

Michael Curtis blogs<http://www.huffingtonpost.com/michael-kent-curtis/a-welcome-defeat-for-the_b_11303966.html?> for HuffPo.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>


“Influence at the DNC: More than 60 superdelegates are registered lobbyists”<http://electionlawblog.org/?p=85066>
Posted on August 7, 2016 7:31 pm<http://electionlawblog.org/?p=85066> by Rick Hasen<http://electionlawblog.org/?author=3>

Sunlight reports.<http://sunlightfoundation.com/blog/2016/07/28/influence-at-the-dnc-more-than-60-superdelegates-are-registered-lobbyists/>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, lobbying<http://electionlawblog.org/?cat=28>


“Ackley, GOP file lawsuit over disenfranchisement”<http://electionlawblog.org/?p=85064>
Posted on August 7, 2016 7:30 pm<http://electionlawblog.org/?p=85064> by Rick Hasen<http://electionlawblog.org/?author=3>

Release<http://usvigop.org/ackley-gop-file-lawsuit-over-disenfranchisement/>:



Republican nominee for Congress Gordon Ackley and the Republican Party of the United States Virgin Islands filed a federal lawsuit Friday against the Democrat-controlled Joint Board of Elections after Ackley and thousands of registered Republican voters across the Virgin Islands were disenfranchised by its refusal to conduct a Republican primary election.

“The actions of the defendants not only have the effect of violating the rights of Mr. Ackley and the Republican Party but also cast serious doubts on the ability of defendants to hold a fair and meaningful election in the U.S. Virgin Islands,” the complaint, filed in District Court, alleged. “The conduct on the part of the defendants has and continues to have the effect of violating the First Amendment and voting rights of citizens of the U.S. Virgin Islands.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“DOJ, Connecticut settle ‘motor-voter’ registration complaint”<http://electionlawblog.org/?p=85062>
Posted on August 7, 2016 7:28 pm<http://electionlawblog.org/?p=85062> by Rick Hasen<http://electionlawblog.org/?author=3>

The Ct. Mirror reports.<http://ctmirror.org/2016/08/05/doj-connecticut-settle-motor-voter-registration-complaint/>
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Posted in election administration<http://electionlawblog.org/?cat=18>, NVRA (motor voter)<http://electionlawblog.org/?cat=33>


“Non-incumbents freed from false-statement election law”<http://electionlawblog.org/?p=85060>
Posted on August 6, 2016 3:35 pm<http://electionlawblog.org/?p=85060> by Rick Hasen<http://electionlawblog.org/?author=3>

Columbus Dispatch<http://www.dispatch.com/content/blogs/the-daily-briefing/2016/08/8-5-16-election-law-ruling.html>:

Non-incumbents running for election have been liberated from being required to use “for” in front of the offices they seek.

The Frankin County Court of Appeals, citing a federal appellate court decisionrejecting false-statement election laws<http://www.dispatch.com/content/stories/local/2016/02/24/appeals-court-strikes-down-ban-on-campaign-lying.html>, has overturned a section of state law prohibiting the use of the title of an office not held by a candidate that implies they hold that office.

For example, “John Jones for County Commissioner long has been an OK use for a non-incumbent. “ John Jones, County Commissioner” has not.

The state court ruling<http://www.supremecourt.ohio.gov/rod/docs/pdf/10/2016/2016-Ohio-5043.pdf> came in a case filed by a candidate for Ashtabula County treasurer, who contended there was no proof she intended to mislead voters in 2012 when she inadvertently failed to put the word “for” in front of “treasurer.”
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Posted in campaigns<http://electionlawblog.org/?cat=59>


“Conservative Provocateur James O’Keefe Flops In His Biggest Fail Yet”<http://electionlawblog.org/?p=85058>
Posted on August 6, 2016 3:21 pm<http://electionlawblog.org/?p=85058> by Rick Hasen<http://electionlawblog.org/?author=3>

TPM reports<http://talkingpointsmemo.com/livewire/brian-dickerson-james-okeefe-column?utm_content=buffer69de4&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer>.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>


Absentee Ballot Fraud Alleged in Palm Beach County<http://electionlawblog.org/?p=85056>
Posted on August 5, 2016 5:01 pm<http://electionlawblog.org/?p=85056> by Rick Hasen<http://electionlawblog.org/?author=3>

Voter fraud is real (but rare) and usually involves absentee ballots, as in this case<http://www.sun-sentinel.com/local/palm-beach/fl-palm-absentee-ballot-probe-20160805-story.html>. It’s the kind of fraud regular id laws don’t help with.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


David Becker, Amy Cohen Move on from Pew Elections Project<http://electionlawblog.org/?p=85054>
Posted on August 5, 2016 4:21 pm<http://electionlawblog.org/?p=85054> by Rick Hasen<http://electionlawblog.org/?author=3>

Surprising news via email:

You may have heard that as of today, Amy Cohen and I have moved on from Pew and are beginning a new venture. We greatly appreciated our time at Pew, but as Pew informed our team that it was winding down its funding and work in elections, we sought a way to continue to build on the contributions we’ve been able to collaborate with you in making in this field. Whether it was building the Electronic Registration Information Center (ERIC) and watching it expand to 21 members (so far!), or working to ensure that important voting information got to voters where they looked for it, or contributing to the comprehensive assessments of election performance, we all have achieved great things together. And the work is not done!

We mainly write to inform you all of our change in status, and to let you know that Amy and I, along with many others who plan to join us in the coming months, plan to continue to work in this field, encouraging efficient voter registration practices, supporting the widespread provision of election information, fostering effective data policies, and similar efforts to drive our mutual goals to improve American democracy. Look for more details on this in the coming weeks, but in the meantime, if you have any questions or thoughts, feel free to reach out to me and Amy.

More news on this when I have it.  And good luck to David and Amy, who have done marvelous work, especially in moving election administration away from the voting wars and toward greater professionalism and building upon consensus ideas.
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Posted in election law biz<http://electionlawblog.org/?cat=51>


“Stricter Voter ID And Other Voting Laws Rolled Back In Slew Of Court Decisions”<http://electionlawblog.org/?p=85052>
Posted on August 5, 2016 4:03 pm<http://electionlawblog.org/?p=85052> by Rick Hasen<http://electionlawblog.org/?author=3>

Nina Totenberg reports<http://www.npr.org/2016/08/05/488748072/stricter-voter-id-and-other-voting-laws-rolled-back-in-slew-of-court-decisions> for NPR’s Morning Edition.
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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>


EAC Chair Hicks Releases Statement on Election Security Preparedness<http://electionlawblog.org/?p=85050>
Posted on August 5, 2016 2:39 pm<http://electionlawblog.org/?p=85050> by Rick Hasen<http://electionlawblog.org/?author=3>

Here.<https://t.co/Us9UG9BLBT>
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Posted in election administration<http://electionlawblog.org/?cat=18>, Election Assistance Commission<http://electionlawblog.org/?cat=34>


NC Will Seek Emergency Stay from SCOTUS Next Week in Voting Case<http://electionlawblog.org/?p=85045>
Posted on August 5, 2016 2:28 pm<http://electionlawblog.org/?p=85045> by Rick Hasen<http://electionlawblog.org/?author=3>

Important bit<https://www.buzzfeed.com/chrisgeidner/appeals-court-denies-north-carolina-request-to-put-voting-ri?utm_term=.gnx5dNx9AG#.qdPjodBqE7> of news in update to Chris Geidner’s story on the 4th Circuit denial of a stay yesterday:

In response to the denial, McCrory said in a statement that he will now turn to the Supreme Court.

“Changing our state’s election laws close to the upcoming election, including common sense voter ID, will create confusion for voters and poll workers. The court should have stayed their ruling, which is legally flawed, factually wrong, and disparaging to our state,” he said. “Therefore, by early next week, we will be asking the U.S. Supreme Court to stay the ruling of the Court of Appeals.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


No, Justice Breyer Won’t Help Elect Donald Trump with a “Courtesy” Fifth Vote for Stay in NC Case<http://electionlawblog.org/?p=85043>
Posted on August 5, 2016 1:24 pm<http://electionlawblog.org/?p=85043> by Rick Hasen<http://electionlawblog.org/?author=3>

Ian Millhiser makes the case<http://thinkprogress.org/justice/2016/08/04/3804996/inexplicable-courtesy-elect-donald-trump/>:

On its surface, Gloucester County School Board v. G.G.<https://localtvwtkr.files.wordpress.com/2016/08/gg.pdf> has very little to do with voting rights. It’s a case about the right of transgender students to use a bathroom that aligns with their gender identity, wrapped up in an equally important question<http://thinkprogress.org/justice/2016/05/16/3778546/lgbt-rights-just-dodged-huge-bullet-supreme-court/> of whether conservatives will succeed in weakening the executive branch’s power to shape policy during an age of congressional dysfunction.

But Justice Stephen Breyer, a Clinton appointee who normally votes with the Court’s liberal bloc, cast a strange and unexpected vote<http://thinkprogress.org/justice/2016/08/03/3804933/breaking-supreme-court-permits-school-continue-anti-trans-bathroom-policy/> in the G.G. case. Though the immediate impact of that vote is likely to be temporary, Breyer’s decision to cast this one vote raises serious questions about how the Court will behave in the lead-up to the 2016 election.

Court watchers had largely assumed that a raft of lower court victories<http://thinkprogress.org/justice/2016/08/01/3803622/republican-partys-war-voting-begins-crumble-sand/> by voting rights advocates were safe from the Supreme Court now that conservatives no longer enjoy a majority on that Court. Breyer’s vote casts doubt upon that assumption. And, if Breyer behaves in voting rights cases in the same way that he did in the G.G. case, he could throw close elections to the Republicans this November

One reason the voting cases are different is discussed a bit in Ian’s piece: irreparable injury.

Consider the one case most likely to get to the Supreme Court on an emergency basis and which could matter in the fall election: the North Carolina voting rule. I fully expect North Carolina to seek emergency relief from the Supreme Court  (they’ve indicated they are seeking cert.). Justice Breyer is very likely to be with the other liberals on the merits, and he would know that a courtesy fifth, which would restore strict North Carolina voting rules, would do irreparable injury. There’s no way to redo the election. The damage would be done, and it cannot be fixed with a future ruling. With irreparable injury like this, there’s no way Justice Breyer goes along.

Second reason the voting cases are different: cert. is unlikely.

Who would vote to hear the North Carolina case on the merits. Not the Court’s liberals, who likely think the result is right. And not the Court’s conservatives, who at best can expect a 4-4 tie leading to affirmance of the lower court, and at worst, with a Garland appointment (or other Democratic appointment) 5 votes to affirm the 4th Circuit. Why take that chance and take a bad decision in their view and make it national.

So I’m predicting the stay will be denied, with Thomas and Alito perhaps publicly dissenting, followed by an eventual cert. denial, unless there’s a realistic chance of a Republican-appointment to SCOTUS.
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Posted in election administration<http://electionlawblog.org/?cat=18>, Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15>


“Appeals Court Revives IRS Tea Party Targeting Lawsuits”<http://electionlawblog.org/?p=85041>
Posted on August 5, 2016 1:17 pm<http://electionlawblog.org/?p=85041> by Rick Hasen<http://electionlawblog.org/?author=3>

WSJ:<http://blogs.wsj.com/law/2016/08/05/appeals-court-revives-irs-tea-party-targeting-lawsuits/>

A federal appeals court Friday revived<https://www.cadc.uscourts.gov/internet/opinions.nsf/9E185ADE3F8838CF852580060052B4BB/$file/14-5316-1628783.pdf> a pair of lawsuits against the Internal Revenue Service stemming from the tea party targeting scandal.

The mixed ruling by the U.S. Court of Appeals for the District of Columbia Circuit threw out claims for damages against the U.S. government and senior IRS officials sought by the conservative nonprofit plaintiffs.

But the appellate panel reversed a lower court that had dismissed<http://www.nytimes.com/2014/10/24/us/lawsuits-against-irs-are-dismissed.html?_r=0> the litigation entirely. The ruling expressed skepticism with IRS assurances that it was no longer subjecting conservative organizations to discriminatory treatment.

The decision Friday threw a lifeline to two lawsuits brought by dozens of conservative nonprofit groups, including Texas-based True the Vote, an advocate for stricter voter registration enforcement and voter identification requirements.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Kaine praises Wisconsin voting rights ruling in Milwaukee”<http://electionlawblog.org/?p=85038>
Posted on August 5, 2016 12:51 pm<http://electionlawblog.org/?p=85038> by Rick Hasen<http://electionlawblog.org/?author=3>

AP reports.<http://www.channel3000.com/news/Kaine-praises-Wisconsin-voting-rights-ruling-in-Milwaukee/41070422>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“The Integrity of Our Elections; Why Republicans Should Stop Fear-Mongering About Voter Fraud”<http://electionlawblog.org/?p=85036>
Posted on August 5, 2016 12:50 pm<http://electionlawblog.org/?p=85036> by Rick Hasen<http://electionlawblog.org/?author=3>

Erica Geider<http://www.texasmonthly.com/burka-blog/the-integrity-of-our-elections/> for Texas Monthly.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Hackers Say It Would Be ‘Too Easy’ To Hack The U.S. Elections; ‘If it were up to me, I would remove every single electronic voting machine in America.'”<http://electionlawblog.org/?p=85034>
Posted on August 5, 2016 12:30 pm<http://electionlawblog.org/?p=85034> by Rick Hasen<http://electionlawblog.org/?author=3>

Sheera Frankel for Buzzfeed<https://www.buzzfeed.com/sheerafrenkel/hackers-say-it-would-be-too-easy-to-hack-the-us-elections?utm_term=.ji2aGZNdY#.caMp7oXRv> with another chilling report.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, voting technology<http://electionlawblog.org/?cat=40>


“Stranger Than Fiction: An Election-Rigging Conspiracy?”<http://electionlawblog.org/?p=85032>
Posted on August 5, 2016 12:09 pm<http://electionlawblog.org/?p=85032> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg BNA<http://www.bna.com/stranger-fiction-electionrigging-b73014445955/> on Trump’s dangerous language.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


“If Trump quits, GOP will have very tough time replacing him”<http://electionlawblog.org/?p=85030>
Posted on August 5, 2016 12:00 pm<http://electionlawblog.org/?p=85030> by Rick Hasen<http://electionlawblog.org/?author=3>

Greg Sargent<https://www.washingtonpost.com/blogs/plum-line/wp/2016/08/05/if-trump-quits-gop-will-have-very-tough-time-replacing-him/>:

Could Donald Trump drop out of the presidential race? It seems doubtful that his ego would permit him to slink away like the World’s Biggest Loser. But Republicans are reportedly preparing for the possibility of replacing him with another candidate, in the unlikely event that happens. ABC News reports<http://abcnews.go.com/Politics/senior-gop-officials-exploring-options-trump-drops/story?id=41089609> that party rules stipulate that, if Trump voluntarily exits the race, the 168 members of the Republican National Committee would pick a replacement.

Here’s the problem: Balloting deadlines in key states might make replacing his name with another candidate’s name on the ballot into a massive logistical nightmare.

For instance, in order for Republicans to replace Trump’s name in Ohio — which is all but certainly a must-win state for the GOP — Trump might have to quit and be replaced by the RNC within the next five days. That’s right — five days.

The deadline for major and minor parties to submit names for the ballot in Ohio is August 10th, according to a spokesman for the Ohio Secretary of State’s office. That’s five days away.

Now, it’s possible that Republicans could get a replacement name on the ballot in Ohio if Trump quits and gets replaced after that date. But here it gets very complicated. Joshua Eck, a spokesman for Ohio Secretary of State Jon Husted, tells me that Ohio law does not provide for a process by which a replacement presidential candidate can be added to the ballot after that date — but it does not preclude that from happening, either.

“Ohio law is silent on replacing presidential candidates on the ballot,” Eck tells me.

What this means is that if Trump were to quit and be replaced at some point later than five days from now, the battle over whether the replacement name could be added to the ballot in Ohio would very likely go to the courts, and would be decided there.

Another possibility at this point would be that the Ohio state legislature could pass a law making it possible to allow the Republican Party to add a replacement name to the ballot after the deadline, election law expert Rick Hasen tells me.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“In Voter ID, Redistricting Cases, Justice Takes its Time”<http://electionlawblog.org/?p=85028>
Posted on August 5, 2016 11:37 am<http://electionlawblog.org/?p=85028> by Rick Hasen<http://electionlawblog.org/?author=3>

Read Ross Ramsey<https://www.texastribune.org/2016/08/05/analysis-texas-voting-cases-justice-takes-its-time/> in the Texas Tribune on justice delayed being justice denied.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Group sues Illinois over polling-place voter registration law”<http://electionlawblog.org/?p=85025>
Posted on August 5, 2016 10:36 am<http://electionlawblog.org/?p=85025> by Rick Hasen<http://electionlawblog.org/?author=3>

Reuters<http://www.reuters.com/article/us-usa-election-illinois-idUSKCN10F283>:

A group aligned with a conservative Illinois think tank sued the state in federal court on Thursday, challenging a recent law allowing Election Day voter registration at polling places in the state’s most populous counties.

The statute in question, passed in late 2014 by the Democratic-led legislature and enacted in early 2015 by former Democratic Governor Pat Quinn, for the first time allowed Election Day voter registration, including at polling places.

But the section of the law pertaining to polling place registration applied only to counties with populations of 100,000 or more….

Huebert’s organization was founded by the Illinois Policy Institute, which keeps its donors secret. Republican Governor Bruce Rauner publicly has acknowledged giving the Illinois Policy Institute at least $500,000 over a period of years.

State Senator Don Harmon, a Democrat from suburban Chicago and the law’s chief Senate sponsor, said Illinois law commonly differentiates between counties’ populations and said election officials in less-populous counties voiced concern about not having resources for polling place registration.

Under the law in question, voters in smaller counties can still register on Election Day in county clerks’ offices.

This will be very interesting to watch.
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Posted in voter registration<http://electionlawblog.org/?cat=37>


“Common Cause suit challenges partisan gerrymandering in NC”<http://electionlawblog.org/?p=85023>
Posted on August 5, 2016 10:33 am<http://electionlawblog.org/?p=85023> by Rick Hasen<http://electionlawblog.org/?author=3>

Charlotte Observer.<http://www.charlotteobserver.com/news/politics-government/election/article93903767.html>

They’ll have to get in line. There’s already a partisan gerrymandering claim f<http://electionlawblog.org/?p=84931>rom NC pending in an appeal at the Supreme Court, and ongoing partisan gerrymandering litigation in Wisconsin and Maryland.

All in an effort to shape the kinds of arguments to potentially get before a potentially new Supreme Court majority.


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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>
“Donald Trump is wrong. Rigging an election is almost impossible”<http://electionlawblog.org/?p=85021>
Posted on August 5, 2016 10:28 am<http://electionlawblog.org/?p=85021> by Rick Hasen<http://electionlawblog.org/?author=3>

Very nice Ari Berman piece<https://www.washingtonpost.com/posteverything/wp/2016/08/05/donald-trump-is-wrong-rigging-an-election-is-almost-impossible/?postshare=8881470413487257&tid=ss_tw> in WaPo.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


“David Prosser calls John Doe appeal weak”<http://electionlawblog.org/?p=85019>
Posted on August 5, 2016 9:44 am<http://electionlawblog.org/?p=85019> by Rick Hasen<http://electionlawblog.org/?author=3>

Wouldn’t have expected this<http://www.jsonline.com/story/news/blogs/proof-and-hearsay/2016/08/05/david-prosser-calls-john-doe-appeal-weak/88181058/> while cert. petition pending:



Newly retired Wisconsin Supreme Court Justice David Prosser thinks an appeal to the U.S. Supreme Court o<http://archive.jsonline.com/news/statepolitics/prosecutors-ask-us-supreme-court-to-overturn-doe-decision-b99715345z1-377458391.html>ver his role in derailing the John Doe investigation into campaign financing is weak.

Prosser made the comments Thursday while a guest on Charlie Sykes’ talk show on WTMJ-AM, 620, during which he also said he may write a book, regretted not defending himself more vigorously in the media, may write a book about his time on the court, and plans to develop a board game called, “Presidency.”

Sykes asked Prosser if he could now respond to what Sykes called attacks on Prosser in the petition for U.S. Supreme Court review of the Wisconsin Supreme Court’s decision to end the John Doe.

“John Chisholm doesn’t have a very strong case,” Prosser replied. “He’s putting a lot of emphasis on conflict of interest. This is not a Caperton case.”
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>, Supreme Court<http://electionlawblog.org/?cat=29>


“Judge rejects third parties’ suit against debate commission”<http://electionlawblog.org/?p=85016>
Posted on August 5, 2016 8:44 am<http://electionlawblog.org/?p=85016> by Rick Hasen<http://electionlawblog.org/?author=3>

Josh Gerstein:<http://www.politico.com/blogs/under-the-radar/2016/08/judge-rejects-suit-against-presidential-debate-commission-226720>

A federal judge has tossed out a lawsuit alleging that the Commission on Presidential Debates violated federal antitrust laws and the First Amendment by excluding third-party candidates.

In a ruling Friday<https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2015cv1580-52>, U.S. District Court Judge Rosemary Collyer dismissed a suit filed last year by the Libertarian and Green parties as well their respective 2012 presidential nominees, former New Mexico Republican Gov. Gary Johnson and Jill Stein. Each also happens to be his or her party’s presidential nominee again this year.


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Posted in ballot access<http://electionlawblog.org/?cat=46>, campaigns<http://electionlawblog.org/?cat=59>, third parties<http://electionlawblog.org/?cat=47>



--
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>
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