[EL] ELB News and Commentary 8/10/16

Wed Aug 10 08:18:06 PDT 2016

“How the Internet could democratize campaign spending”<http://electionlawblog.org/?p=85168>
Posted on August 10, 2016 8:12 am<http://electionlawblog.org/?p=85168> by Rick Hasen<http://electionlawblog.org/?author=3>

Bob Biersack<https://www.washingtonpost.com/news/in-theory/wp/2016/08/09/how-the-internet-could-democratize-campaign-spending/> for WaPo:

If the cost of communicating with voters really is dramatically lower via the Internet and can’t be overwhelmed by big spending, then restrictions there might be less critical.  Meanwhile, as the focus shifts away from expensive broadcast media, it might matter less that a small group of wealthy individuals and institutions could financially dominate that particular medium. When big dollars from a few donors are no better than small amounts aggregated from lots of people, democracy benefits.

The Internet can help with this change, but we need to be sure it’s really moving in that direction. These questions and others require careful monitoring as the technology develops.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“Americans have become much less confident that we count votes accurately”<http://electionlawblog.org/?p=85166>
Posted on August 10, 2016 8:11 am<http://electionlawblog.org/?p=85166> by Rick Hasen<http://electionlawblog.org/?author=3>

Gronke, Sances and Stewart<https://www.washingtonpost.com/news/monkey-cage/wp/2016/08/10/are-u-s-voters-confident-in-their-electoral-system-yes-and-no/> for the Monkey Cage:

The bad news, however, is that the percentage of respondents who were very confident that the national vote (the hollow circles) was counted as cast dropped by 30 percentage points, from around 50 percent in 2000 to around 20 percent in 2012.

Partisan divisions grew during the decade, as they have in so many other areas of American political life<https://www.amazon.com/Political-Polarization-American-Politics-Sides/dp/1501306278>.

Between 2000 and 2006, during the Bush presidency, Republicans were very confident in the nationwide vote count. After the 2008 election, GOP confidence declined steadily. Democrats, meanwhile, moved in the opposite direction: lower confidence (compared to Republicans) from 2000 to 2006, then an increase during the Obama years.

This seesaw pattern isn’t necessarily concerning, as long as partisans give at least grudging support to the proposition that the outcome was fairly decided.

But in research we conducted in 2012, we discovered that a substantial number of Republicans were reluctant to even acknowledge that Obama had won the election legitimately.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>

“OpEd: Why Should Taxpayers Pay for Closed Primaries?”<http://electionlawblog.org/?p=85164>
Posted on August 10, 2016 7:25 am<http://electionlawblog.org/?p=85164> by Rick Hasen<http://electionlawblog.org/?author=3>

Tom Elias.<http://www.smmirror.com/articles/News/OpEd-Why-Should-Taxpayers-Pay-for-Closed-Primaries/45859>
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Posted in ballot access<http://electionlawblog.org/?cat=46>, political parties<http://electionlawblog.org/?cat=25>

“Editorial: Change state’s primary election to top-four system”<http://electionlawblog.org/?p=85162>
Posted on August 10, 2016 7:24 am<http://electionlawblog.org/?p=85162> by Rick Hasen<http://electionlawblog.org/?author=3>

The Herald<http://www.heraldnet.com/opinion/editorial-change-states-primary-election-to-top-four-system/> (Washington state).
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Posted in ballot access<http://electionlawblog.org/?cat=46>, primaries<http://electionlawblog.org/?cat=32>

“Emails Renew Questions About Clinton Foundation and State Dept. Overlap”<http://electionlawblog.org/?p=85160>
Posted on August 10, 2016 7:23 am<http://electionlawblog.org/?p=85160> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT:<http://www.nytimes.com/2016/08/10/us/politics/emails-renew-questions-about-clinton-foundation-and-state-dept-overlap.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news&_r=0>

A new batch of State Department emails released Tuesday showed the close and sometimes overlapping interests between the Clinton Foundation and the State Department when Hillary Clinton<http://www.nytimes.com/interactive/2016/us/elections/hillary-clinton-on-the-issues.html?inline=nyt-per> served as secretary of state.

The documents<http://bit.ly/2aSwerr> raised new questions about whether the charitable foundation worked to reward its donors with access and influence at the State Department, a charge that Mrs. Clinton has faced in the past and has always denied.

In one email exchange, for instance, an executive at the Clinton Foundation in 2009 sought to put a billionaire donor in touch with the United States ambassador to Lebanon because of the donor’s interests there.
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Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>, ethics investigations<http://electionlawblog.org/?cat=42>

“Led by NRCC, Congressional Party Committees Stockpile Cash for General Election”<http://electionlawblog.org/?p=85158>
Posted on August 10, 2016 7:20 am<http://electionlawblog.org/?p=85158> by Rick Hasen<http://electionlawblog.org/?author=3>

New CFI release.<http://www.cfinst.org/Press/PReleases/16-08-10/Led_by_NRCC_Congressional_Party_Committees_Stockpile_Cash_for_General_Election.aspx>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“Donald Trump Suggests ‘Second Amendment People’ Could Act Against Hillary Clinton”<http://electionlawblog.org/?p=85156>
Posted on August 9, 2016 9:11 pm<http://electionlawblog.org/?p=85156> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT:<http://www.nytimes.com/2016/08/10/us/politics/donald-trump-hillary-clinton.html?ref=politics>

Donald J. Trump on Tuesday appeared to raise the possibility that gun rights supporters could take matters into their own hands if Hillary Clinton is elected president and appoints judges who favor stricter gun control measures.

Repeating his contention that Mrs. Clinton wanted to abolish the right to bear arms, Mr. Trump warned at a rally here that it would be “a horrible day” if Mrs. Clinton were elected and got to appoint a tiebreaking Supreme Court justice.

“If she gets to pick her judges, nothing you can do, folks,” Mr. Trump said, as the crowd began to boo. He quickly added: “Although the Second Amendment people — maybe there is, I don’t know.”

Oblique as it was, Mr. Trump’s remark quickly elicited a wave of condemnation from Democrats, gun control advocates and others, who accused him of suggesting violence against Mrs. Clinton or liberal jurists. Bernice A. King, daughter of the Rev. Dr. Martin Luther King Jr., called Mr. Trump’s words “distasteful, disturbing, dangerous.”…

Mr. Trump and his campaign did not treat his remark as a joke; instead, they insisted he was merely urging gun rights supporters to vote as a bloc against Mrs. Clinton in November. “The Second Amendment people have tremendous power because they are so united,” he told a CBS affiliate in North Carolina late Tuesday.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

Daily Show on Donald Trump’s “Rigging Election” Comments<http://electionlawblog.org/?p=85154>
Posted on August 9, 2016 8:50 pm<http://electionlawblog.org/?p=85154> by Rick Hasen<http://electionlawblog.org/?author=3>

Watch.<http://www.cc.com/video-clips/2nvo3z/the-daily-show-with-trevor-noah-donald-trump-predicts-a-rigged-election>

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Posted in chicanery<http://electionlawblog.org/?cat=12>, election law "humor"<http://electionlawblog.org/?cat=52>, redistricting<http://electionlawblog.org/?cat=6>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Is Section 3 of the Voting Rights Act a dead letter?”<http://electionlawblog.org/?p=85151>
Posted on August 9, 2016 3:58 pm<http://electionlawblog.org/?p=85151> by Rick Hasen<http://electionlawblog.org/?author=3>

Lyle Denniston blogs.<http://lyldenlawnews.com/2016/08/09/is-section-3-of-the-voting-rights-act-a-dead-letter/>

It would not surprise me at all if on remand in the TX voting case the trial judge both finds intentional racial discrimination in Texas and puts Texas back under Section 3 supervision. What the 5th Circuit does with that (or the Supreme Court) will be very interesting to watch.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>

“WikiLeaks Is Fanning a Conspiracy Theory That Hillary Murdered a DNC Staffer”<http://electionlawblog.org/?p=85149>
Posted on August 9, 2016 3:57 pm<http://electionlawblog.org/?p=85149> by Rick Hasen<http://electionlawblog.org/?author=3>

Horrible <http://www.slate.com/blogs/the_slatest/2016/08/09/wikileaks_is_fanning_a_conspiracy_theory_that_hillary_murdered_a_dnc_staffer.html> for the family and friends of Seth Rich.
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Posted in chicanery<http://electionlawblog.org/?cat=12>

New Wisconsin Election Commission Passes on Whether Paul Ryan Competitor Violated “Ballot Selfie” Law<http://electionlawblog.org/?p=85147>
Posted on August 9, 2016 3:53 pm<http://electionlawblog.org/?p=85147> by Rick Hasen<http://electionlawblog.org/?author=3>

Jessica Arp<https://twitter.com/news3jessica/status/763145186012725249> with the statement.
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Posted in campaigns<http://electionlawblog.org/?cat=59>

“Donald Trump Is Already Setting Up His Next Con; Trump’s lies about election rigging will do real damage to a Clinton presidency.”<http://electionlawblog.org/?p=85145>
Posted on August 9, 2016 3:00 pm<http://electionlawblog.org/?p=85145> by Rick Hasen<http://electionlawblog.org/?author=3>

Joan Walsh writes <https://www.thenation.com/article/donald-trump-is-already-setting-up-his-next-con/> for The Nation.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Ad Week Picks Up My Tweetstorm About Jeffrey Lord’s Bogus Voter Fraud Claims<http://electionlawblog.org/?p=85143>
Posted on August 9, 2016 2:31 pm<http://electionlawblog.org/?p=85143> by Rick Hasen<http://electionlawblog.org/?author=3>

Here.<http://www.adweek.com/fishbowldc/rick-hasen-demolishes-jeffrey-lords-claims-of-voter-fraud-in-9-easy-tweets/158228>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Cyberwars, voter insecurity and threats of civil unrest”<http://electionlawblog.org/?p=85141>
Posted on August 9, 2016 1:45 pm<http://electionlawblog.org/?p=85141> by Rick Hasen<http://electionlawblog.org/?author=3>

Happy to be on today’s To the Point<http://www.kcrw.com/news-culture/shows/to-the-point/cyberwars-voter-insecurity-and-threats-of-civil-unrest/>:

Donald Trump is already raising questions about the outcome of the November election, telling supporters, “I’m afraid the election is going to be rigged. I have to be honest.” While experts discount Trump’s claims about “voter fraud,” they concede that electronic voting is vulnerable to hacking. One advisor predicts a political “bloodbath” if Trump should lose, while the Clinton campaign calls him “a reflexive conspiracy theorist.” Will the dispute lead voters to lose faith in the integrity of the electoral system? Is that the real threat to democracy in America?

Guests:
Danielle Kurtzleben<http://www.kcrw.com/people/danielle-kurtzleben>, NPR (@titonka<http://twitter.com/@titonka>)
Ryan Maness<http://www.kcrw.com/people/ryan-maness>, Northeastern University (@DrManessRyan<http://twitter.com/@DrManessRyan>)
Allen Raymond<http://www.kcrw.com/people/allen-raymond>, author and former Republican political consultant
Rick Hasen<http://www.kcrw.com/people/rick-hasen>, University of California, Irvine (@rickhasen<http://twitter.com/@rickhasen>)

More:
Kurtzleben on questioning if election will be ‘rigged’ striking at the heart of democracy<http://www.npr.org/2016/08/07/488893858/questioning-if-an-election-will-be-rigged-strikes-at-the-heart-of-democracy>
Maness on American voting machines, DNC hack<https://www.wired.com/2016/08/americas-voting-machines-arent-ready-election/>
Hasen’s ‘Plutocrats United: Campaign Money, the Supreme Court, and the Distortion of American Elections’<http://www.amazon.com/exec/obidos/external-search?tag=kcco04-20&keyword=978-0300212457>
Brennan Center for Justice on caging<http://www.brennancenter.org/publication/ballot-security-and-voter-suppression>
Public Policy Polling on Trump voters, rigged election<http://www.publicpolicypolling.com/main/polls/>
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

Trump Now Jokes About Assassination of Hillary Clinton If Elected<http://electionlawblog.org/?p=85139>
Posted on August 9, 2016 12:24 pm<http://electionlawblog.org/?p=85139> by Rick Hasen<http://electionlawblog.org/?author=3>

Watch the video<https://twitter.com/BraddJaffy/status/763092098039939072> of this remark: “If she gets to pick her judges —nothing you can do…Although the 2nd Amendment people maybe there is.”

Terrifying and horrible.

And I don’t think the “I was only kidding” defense works with jokes to kill a person if elected president.

This is much worse than Trump’s completely unsupported statements that without voter id people can vote 10 or 15 times.

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Posted in chicanery<http://electionlawblog.org/?cat=12>

“California high court says legislators’ votes are protected by free speech rights”<http://electionlawblog.org/?p=85137>
Posted on August 9, 2016 11:36 am<http://electionlawblog.org/?p=85137> by Rick Hasen<http://electionlawblog.org/?author=3>

LAT<http://www.latimes.com/local/lanow/la-me-ln-corruption-court-20160808-snap-story.html>:

The California Supreme Court decided Monday that the votes of elected officials are protected free speech.

The state high court ruled in a lawsuit brought by the city of Montebello against three former council members and a city administrator. Montebello contended the officials had violated a conflict of interest law in supporting a garbage hauling contract in exchange for campaign contributions.

In a 5-2 decision, Justice Carol A. Corrigan wrote that voting by an elected official was protected by a state law designed to combat lawsuits that chill free speech. The law allows defendants to bring a special motion to throw out such a lawsuit at an early stage…

In a dissent, Justice Goodwin Liu, joined by Justice Leondra Kruger, said a legislator’s vote is not protected by state and federal free speech guarantees.

“The court’s contrary holding will make it harder to enforce civil laws against public corruption,” Liu wrote.

The opinions are here.<http://www.courts.ca.gov/opinions/documents/S219052.PDF>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Ex-Broward GOP chief challenges Palm Beach County elections supervisor”<http://electionlawblog.org/?p=85135>
Posted on August 9, 2016 11:20 am<http://electionlawblog.org/?p=85135> by Rick Hasen<http://electionlawblog.org/?author=3>

Palm Beach Post.<http://www.mypalmbeachpost.com/news/news/state-regional/ex-broward-gop-chief-challenges-palm-beach-county-/nsCmB/?icmp=pbp_internallink_referralbox_free-to-premium-referral>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Discrimination Will Continue, But Who Will Notice?’<http://electionlawblog.org/?p=85133>
Posted on August 9, 2016 10:45 am<http://electionlawblog.org/?p=85133> by Rick Hasen<http://electionlawblog.org/?author=3>

Important Julie Fernandes<http://democracyjournal.org/arguments/discrimination-will-continue-but-who-will-notice/> on the loss of election observers thanks to Shelby County.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“The United States is getting better at running elections”<http://electionlawblog.org/?p=85131>
Posted on August 9, 2016 9:42 am<http://electionlawblog.org/?p=85131> by Rick Hasen<http://electionlawblog.org/?author=3>

Charles Stewart and Stephen Pettigrew for the Monkey Cage<https://www.washingtonpost.com/news/monkey-cage/wp/2016/08/09/the-united-states-is-getting-better-at-running-elections/>.
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Posted in election administration<http://electionlawblog.org/?cat=18>

“Trump exit? Yes, possible if following his narrative: not ‘dropping out’ but ‘walking away from a rigged-election'”<http://electionlawblog.org/?p=85129>
Posted on August 9, 2016 8:54 am<http://electionlawblog.org/?p=85129> by Rick Hasen<http://electionlawblog.org/?author=3>

LAT letters to the editor<http://www.latimes.com/opinion/readersreact/la-ol-le-whatif-20160809-snap-story.html> responding to my LAT oped, What If Trump Drops Out?<http://www.latimes.com/opinion/op-ed/la-oe-hasen-trump-drop-out-20160804-snap-story.html>
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Posted in campaigns<http://electionlawblog.org/?cat=59>

“Trump embraces fundraising, not transparency”<http://electionlawblog.org/?p=85127>
Posted on August 9, 2016 8:43 am<http://electionlawblog.org/?p=85127> by Rick Hasen<http://electionlawblog.org/?author=3>

The great Shane Goldmacher<http://www.politico.com/story/2016/08/donald-trump-fundraising-bundlers-226803> for Politico:

As Donald Trump hustles to close the cash gap with Hillary Clinton, he is embarking on his most aggressive fundraising push yet — but his team is refusing to name the bundlers across the country who are helping grease an operation that raised a stronger-than-expected $80 million in July.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Attorney Wants Supreme Court To Reconsider The Case of the Phantom Write Ins”<http://electionlawblog.org/?p=85125>
Posted on August 9, 2016 8:37 am<http://electionlawblog.org/?p=85125> by Rick Hasen<http://electionlawblog.org/?author=3>

WFSU<http://news.wfsu.org/post/attorney-wants-supreme-court-reconsider-case-phantom-write-ins>: “A Jacksonville civil rights attorney is asking the Florida Supreme Court to take another look at the way campaigns recruit phony write-in candidates to close primaries – and disenfranchise thousands of voters.”
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Could Florida, Of All Places, Be A Leader In Campaign Finance Reform?”<http://electionlawblog.org/?p=85123>
Posted on August 9, 2016 8:36 am<http://electionlawblog.org/?p=85123> by Rick Hasen<http://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy blogs.<https://www.brennancenter.org/blog/could-florida-all-places-be-leader-campaign-finance-reform>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Fed Court Rules Wake County Must Use 2011 Voting Maps in November Elections”<http://electionlawblog.org/?p=85121>
Posted on August 9, 2016 8:26 am<http://electionlawblog.org/?p=85121> by Rick Hasen<http://electionlawblog.org/?author=3>

ABC 11 reports<http://abc11.com/1462685/>, and posts the judge’s opinion.<http://dig.abclocal.go.com/wtvd/docs/wakevote%20(002).pdf>
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Posted in redistricting<http://electionlawblog.org/?cat=6>

Jeffrey Lord Recycles Voter Fraud Bile<http://electionlawblog.org/?p=85119>
Posted on August 9, 2016 8:07 am<http://electionlawblog.org/?p=85119> by Rick Hasen<http://electionlawblog.org/?author=3>

and I respond here on Twitter<https://twitter.com/rickhasen/status/763023585212375041>.

This guy is paid by CNN. Wow.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>

New Wake Co. NC Election Bd Member Tries to Eliminate Sunday Voting, University Polling Place<http://electionlawblog.org/?p=85117>
Posted on August 8, 2016 8:27 pm<http://electionlawblog.org/?p=85117> by Rick Hasen<http://electionlawblog.org/?author=3>

Unreal.<http://www.newsobserver.com/news/local/counties/wake-county/article94479222.html> Hitting the ground running by making it harder to vote:

The move followed an attempt by the board’s newest member, Eddie Woodhouse, to reverse decisions the board made in June to hold early voting on Sundays and open an early-voting site at N.C. State University. Woodhouse motioned to eliminate both, but his effort failed.

Woodhouse is a Republican and former Raleigh City Council candidate who replaced former chairman Brian Ratledge, who recently resigned. The N.C. Board of Elections appointed Woodhouse during an emergency meeting late Sunday night in response to an order by U.S. District Court Judge James Dever III to fill the vacant seat.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Voting Fight Shifts to Local Level In North Carolina”<http://electionlawblog.org/?p=85113>
Posted on August 8, 2016 8:20 pm<http://electionlawblog.org/?p=85113> by Rick Hasen<http://electionlawblog.org/?author=3>

Zach Roth reports<http://www.nbcnews.com/politics/elections/voting-fight-shifts-local-level-north-carolina-n625751> for NBC News.
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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>

--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
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http://electionlawblog.org<http://electionlawblog.org/>
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