[EL] ELB News and Commentary 8/11/16

Thu Aug 11 07:50:11 PDT 2016

Where Do We Stand on the Voting Wars in NC, TX, WI and Elsewhere?<http://electionlawblog.org/?p=85215>
Posted on August 11, 2016 7:46 am<http://electionlawblog.org/?p=85215> by Rick Hasen<http://electionlawblog.org/?author=3>

I try to bring it together at WaPo’s The Monkey Cage<https://www.washingtonpost.com/news/monkey-cage/wp/2016/08/11/the-latest-court-victories-for-voter-rights-may-not-mean-much-in-november/>:

After a notable string of voting rights decisions<http://www.nytimes.com/2016/08/02/opinion/campaign-stops/turning-the-tide-on-voting-rights.html?_r=0> in the past few weeks — throwing out or weakening voter identification and other restrictive voting laws in Texas, North Carolina, Wisconsin, and elsewhere — you might think that the rules are settled for November.

But the rules are far from settled. Things are very much in flux, and the possibility of disenfranchisement through confusion or reversals of recent gains remains. Indeed, just Wednesday an appeals court put on hold<http://electionlawblog.org/?p=85176>a softening of Wisconsin’s voter ID law imposed a few weeks ago by a trial court….

Already some Republican commissioners in North Carolina want to roll back early voting. One newly-appointed Republican Commissioner<https://electionlawblog.org/?p=85117> in Wake County wants to stop Sunday voting (used by African-American voters in “souls to the polls” operations to take people to vote after church) and shut down a polling place at North Carolina State University. As Professor Michael McDonald argues<https://twitter.com/ElectProject/status/763045433610424320>, this is the very conduct that the 4th Circuit pointed to as discriminatory, and early voting cutbacks could serve as the basis for putting North Carolina back under federal supervision.

Things are also in flux in Wisconsin, where the state has appealed both of the district court rulings to the 7th Circuit. In one of the cases, the Seventh Circuit panel just put the affidavit option on hold<http://electionlawblog.org/wp-content/uploads/7th-frank.pdf> for the 2016 elections, ruling it was too broad a remedy<http://electionlawblog.org/?p=85176> to deal with the special burdens some voters face in getting ID. The case will now go to the full 7th Circuit, where the results could be better for voting rights advocates. Crucially, in the first round of litigation which upheld the law, the entire 7th Circuit divided 5-5 on whether to take up the case again. Now, one of the judges against review has retired, leaving a 5-4 majority skeptical of Wisconsin’s voting rules, and a chance the affidavit requirement will soon be restored for the 2016 elections.

Wisconsin, like North Carolina, could end up taking its case to the Supreme Court on an emergency basis. With the death of Justice Antonin Scalia, the court is divided 4-4 on ideological grounds, and that could mean a split over how to deal with these voting cases. A tie leaves the lower court ruling standing.

The bottom line is that there’s still great uncertainty about the rules for voting in these key states. The longer this goes on, the harder it will be not just for those who run the election but for voters looking forward to participating in November’s key election.
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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>

“Quick and Dirty: The New Misreading of the Voting Rights Act”<http://electionlawblog.org/?p=85213>
Posted on August 11, 2016 7:29 am<http://electionlawblog.org/?p=85213> by Rick Hasen<http://electionlawblog.org/?author=3>

The final version of Justin Levitt’s must read piece on the relationship between the VRA’s districting requirements and racial gerrymandering claims is now out from the FSU Law Review and available at SSRN.<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2487426> It is just in time as the Supreme Court gears up to hear two<http://www.scotusblog.com/case-files/cases/mccrory-v-harris/?wpmp_switcher=desktop> racial gerrymandering cases<http://www.scotusblog.com/case-files/cases/bethune-hill-v-virginia-state-board-of-elections/?wpmp_switcher=desktop>in the next term. Here is the abstract:

The role of race in the apportionment of political power is one of the thorniest problems at the heart of American democracy, and reappears with dogged consistency on the docket of the Supreme Court. Most recently, the Court resolved a case from Alabama involving the Voting Rights Act and the appropriate use of race in redistricting. But though the Court correctly decided the narrow issue before it, the litigation posture of the case hid the fact that Alabama is part of a disturbing pattern. Jurisdictions like Alabama have been applying not the Voting Rights Act, but a hamhanded cartoon of the Voting Rights Act — substituting blunt numerical demographic targets for the searching examination of local political conditions that the statute actually demands.

This short and timely Article is the first to survey the ways in which multiple jurisdictions in this redistricting cycle have substituted a rough sketch of the Voting Rights Act for the real thing. It argues that while the actual statute is tailored and nuanced, appropriately calibrated for a millennial approach to race relations, the demographic shorthand has at its heart a profound and pernicious racial essentialism. Replacing the real statute with the imagined one has a detrimental policy impact — but perhaps more sinister, it also creates unnecessary constitutional danger for the Voting Rights Act as a whole. Courts must see the cartoon for what it is.
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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>, Voting Rights Act<http://electionlawblog.org/?cat=15>

7th Circuit WI Voter ID Roundup<http://electionlawblog.org/?p=85211>
Posted on August 11, 2016 7:19 am<http://electionlawblog.org/?p=85211> by Rick Hasen<http://electionlawblog.org/?author=3>

Howard’s got it. <http://howappealing.abovethelaw.com/081116.html#068296>

And if that’s too long for you to read, I try to sum up the litigation in this tweet<https://twitter.com/rickhasen/status/763497924055576576>.
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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>

“The Seventh Circuit and “Objective Standards” in Voter ID Requirements”<http://electionlawblog.org/?p=85209>
Posted on August 11, 2016 7:16 am<http://electionlawblog.org/?p=85209> by Rick Hasen<http://electionlawblog.org/?author=3>

Bauer blogs.<http://www.moresoftmoneyhardlaw.com/2016/08/seventh-circuit-objective-standards-voter-id-requirements/>
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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>

NC Promised to File Emergency #SCOTUS Motion “Early” This Week in Voting Case<http://electionlawblog.org/?p=85207>
Posted on August 10, 2016 9:16 pm<http://electionlawblog.org/?p=85207> by Rick Hasen<http://electionlawblog.org/?author=3>

And so far nada. Coming up on Thursday.

Time works against the state right now, given that changes closer to the election are disfavored and the state has been implementing the 4th Circuit’s ruling.
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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>

TX AG Says They Will Appeal 5th Cir. Voter ID Ruling to SCOTUS, After Election<http://electionlawblog.org/?p=85205>
Posted on August 10, 2016 9:12 pm<http://electionlawblog.org/?p=85205> by Rick Hasen<http://electionlawblog.org/?author=3>

Reuters reports:<http://www.huffingtonpost.com/entry/texas-voter-id-law_us_57ab7709e4b06e52746ee49b?section=politics>

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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>

“Appeals court blocks voter ID changes”<http://electionlawblog.org/?p=85203>
Posted on August 10, 2016 8:33 pm<http://electionlawblog.org/?p=85203> by Rick Hasen<http://electionlawblog.org/?author=3>

The Milwaukee Journal Sentinel<http://www.jsonline.com/story/news/politics/2016/08/10/appeals-court-blocks-voter-id-law-changes/88516360/> on the Wisconsin voter id ruling I blogged about earlier today<http://electionlawblog.org/?p=85176>.
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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>

“Hack of Democrats’ Accounts Was Wider Than Believed, Officials Say”<http://electionlawblog.org/?p=85201>
Posted on August 10, 2016 8:28 pm<http://electionlawblog.org/?p=85201> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT:<http://www.nytimes.com/2016/08/11/us/politics/democratic-party-russia-hack-cyberattack.html?_r=0>

A Russian cyberattack that targeted Democratic politicians was bigger than it first appeared and breached the private email accounts of more than 100 party officials and groups, officials with knowledge of the case said Wednesday.

The widening scope of the attack has prompted the F.B.I. to broaden its investigation, and agents have begun notifying a long list of Democratic officials that the Russians may have breached their personal accounts.

The main targets appear to have been the personal email accounts of Hillary Clinton<http://www.nytimes.com/interactive/2016/us/elections/hillary-clinton-on-the-issues.html?inline=nyt-per>’s campaign officials and party operatives, along with a number of party organizations….

American intelligence agencies have said they have “high confidence” that the attack was the work of Russian intelligence agencies. It has injected a heavy dose of international intrigue into an already chaotic presidential campaign as Democrats have alleged that the Russians are trying to help tilt the election toward the Republican nominee, Donald J. Trump.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Voter-fraud scams; Deaths by lightning – about 30 a year – are more likely than voter fraud.”<http://electionlawblog.org/?p=85199>
Posted on August 10, 2016 6:36 pm<http://electionlawblog.org/?p=85199> by Rick Hasen<http://electionlawblog.org/?author=3>

Houston Chronicle editorial.<http://www.houstonchronicle.com/opinion/letters/article/Voter-fraud-scams-9135317.php>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Carl P. Leubsdorf: The voter ID fight is far from over”<http://electionlawblog.org/?p=85197>
Posted on August 10, 2016 6:18 pm<http://electionlawblog.org/?p=85197> by Rick Hasen<http://electionlawblog.org/?author=3>

Column<http://www.dallasnews.com/opinion/latest-columns/20160810-carl-p.-leubsdorf-the-voter-id-fight-is-far-from-over.ece>:

But despite Judge Nelva Gonzales Ramos’ acceptance of the compromise 2016 plan worked out by the state, the Justice Department and minority rights groups, (and despite several other favorable decisions affecting Texas and other states,) the battle against Republican efforts to tighten voting laws is hardly over.

In Texas, the 2016 plan will allow someone without a photo ID to vote by signing an affidavit that he or she is a U.S. citizen and presenting proof of residence, such as a paycheck, bank statement or utility bill. But it won’t keep state officials from pressing to preserve the 2011 law requiring photo ID, including appealing the 5th Circuit’s ruling against it to the Supreme Court.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

Read the Texas Voter ID Rules Approved Today by Federal Judge’s Order<http://electionlawblog.org/?p=85194>
Posted on August 10, 2016 2:58 pm<http://electionlawblog.org/?p=85194> by Rick Hasen<http://electionlawblog.org/?author=3>

Here.<http://electionlawblog.org/wp-content/uploads/texas-id-order.pdf>

(via Michael Li<https://twitter.com/mcpli/status/763493640580849664>)
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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>

“State court puts voter ID trial on hold in light of federal rulings”<http://electionlawblog.org/?p=85192>
Posted on August 10, 2016 2:55 pm<http://electionlawblog.org/?p=85192> by Rick Hasen<http://electionlawblog.org/?author=3>

The latest <http://www.wral.com/state-court-puts-voter-id-trial-on-hold-in-light-of-federal-rulings/15915121/?platform=hootsuite> from NC.
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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>

Dale Ho Nails It on Wisconsin Voter ID<http://electionlawblog.org/?p=85190>
Posted on August 10, 2016 11:37 am<http://electionlawblog.org/?p=85190> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/politics/courts_law/appeals-court-in-wisconsin-voters-cant-use-affidavit-in-place-of-photo-id/2016/08/10/f56d715e-49f5-11e6-90a8-fb84201e0645_story.html>:

As to whether requiring ID could tip the election in favor of the Republicans who support the law, Ho said: “Obviously, the people behind these laws think it can help them. Whether or not it can, from our perspective, it really doesn’t matter. We’re just trying to make sure everyone can vote.”
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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>

“Facebook may soon have more power over elections than the FEC. Are we ready?”<http://electionlawblog.org/?p=85188>
Posted on August 10, 2016 11:33 am<http://electionlawblog.org/?p=85188> by Rick Hasen<http://electionlawblog.org/?author=3>

Nate Persily<https://www.washingtonpost.com/news/in-theory/wp/2016/08/10/facebook-may-soon-have-more-power-over-elections-than-the-fec-are-we-ready/?utm_term=.9826d6096151> in WaPo:

For those of us who study campaign and election regulation, however, new technology poses a serious challenge to the existing ways of thinking about and addressing the campaign finance problem. Government regulation becomes increasingly difficult once communication moves online, thus, large Internet platforms such as Google, Facebook and Twitter will become the primary regulators of political campaigns. They need to recognize their new role and use their power responsibly.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“As 17 states enact new voter laws, panelists disagree on their impact on voting”<http://electionlawblog.org/?p=85186>
Posted on August 10, 2016 10:09 am<http://electionlawblog.org/?p=85186> by Rick Hasen<http://electionlawblog.org/?author=3>

ABA<http://www.americanbar.org/news/abanews/aba-news-archives/2016/08/as_17_states_enactn.html>:

Panelists on the Aug. 6 American Bar Association program “Post-Shelby Voter and Election Laws: Necessary Measures to Prevent Voter Fraud, the Result of Budgetary Limitations, or Denial of Access to Justice” divided down the middle and never found common ground.

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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>
Heath Brown Podcast with Zack Roth, Ciara Torres-Spelliscy<http://electionlawblog.org/?p=85184>
Posted on August 10, 2016 10:05 am<http://electionlawblog.org/?p=85184> by Rick Hasen<http://electionlawblog.org/?author=3>

New Books Network<http://newbooksnetwork.com/zachary-roth-the-great-suppression-voting-rights-corporate-cash-and-the-conservative-assault-on-democracy-crown-2016/>:

This week we feature two new books on the podcast, both about corporate power. First, Zachary Roth<http://zachary-roth.people.msnbc.com/> has written The Great Suppression: Voting Rights, Corporate Cash, and the Conservative Assault on Democracy<http://www.amazon.com/dp/110190576X/?tag=newbooinhis-20> (Crown, 2016). Roth is a national reporter for MSNBC. Next, Ciara Torres-Spelliscy<http://www.stetson.edu/law/faculty/torres-spelliscy-ciara/> is the author of Corporate Citizen? An Argument for the Separation of Corporation and State<https://www.amazon.com/Corporate-Citizen-Argument-Separation-Corporation/dp/1632847264> (Carolina Academic Press, 2016). She is an associate professor of law at Stetson University College of Law and a Fellow at the Brennan Center for Justice at NYU School of Law. The two books look at the state of the democracy, Roth from the perspective of a reporter covering voting rights issues in state and local government, and Torres-Spelliscy from the perspective of the constitution. Together, these two books address whether corporate power has grown too strong and whether reforms can shift the balance of power in U.S. politics.
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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<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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