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

Tue Aug 16 13:53:00 PDT 2016

“If you’re worried about rigged elections, look at Trump’s tactics first”<http://electionlawblog.org/?p=85411>
Posted on August 16, 2016 1:44 pm<http://electionlawblog.org/?p=85411> by Rick Hasen<http://electionlawblog.org/?author=3>

I have written this oped<http://www.latimes.com/opinion/op-ed/la-oe-hasen-vote-rigging-20160816-snap-story.html> for the LA Times. It begins:

Donald Trump has begun claiming<http://electionlawblog.org/?p=85282> that the only way he can lose the 2016 presidential election is if the voting is rigged.  But if there’s a threat to the integrity of the election, it’s coming from Trump himself, and the best response may be for Democrats and voting rights activists to take him to court to protect the franchise.

Let’s start with a fair definition of “rigging”:  An election is rigged when eligible voters are prevented from voting, when some voters can vote multiple times, when ineligible voters are allowed to vote, or when vote totals are changed, all with an intent to affect an election outcome.

Trump contends that without strict voter identification laws, people can vote five, 10 or 15 times. He’s offered no evidence to back up this assertion, and for good reason. Even in states with modest means of identifying voters, such as comparing voters’ signatures in the poll ledger and on registration forms, there are safeguards to ensure against multiple voting.

In recent memory, the only publicized case<http://archive.jsonline.com/news/crime/shorewood-man-sentenced-to-jail-for-multiple-votes-in-several-elections-b99677321z1-370317801.html> involving someone voting in high multiples was a supporter of Wisconsin Republican Gov. Scott Walker when Walker was up for a recall. The voter tried to vote  five times in the recall and seven more times in four other elections. He was easily caught, well before Wisconsin passed its strict voter ID law. The voter claimed amnesia; his lawyer argued he suffered from mental illness. The case shows this isn’t a problem that’s going to happen on a grand scale.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

Texas Will Seek #SCOTUS Review of 5th Circuit Voter ID Ruling: Is It Planning on Challenging Rules This Election?<http://electionlawblog.org/?p=85409>
Posted on August 16, 2016 12:13 pm<http://electionlawblog.org/?p=85409> by Rick Hasen<http://electionlawblog.org/?author=3>

Texas has already agreed <http://electionlawblog.org/?p=84922> to a softening of its voter id law for this election. As expected, the state has announced <http://www.dallasnews.com/news/politics/headlines/20160816-texas-will-ask-u.s.-supreme-court-to-keep-strict-voter-id-law-in-place.ece> it will file a cert. petition at the Supreme Court seeking review.

But this line in the Dallas News story is weird:

The state will soon file an appeal to “protect the integrity of voting in the state,” said Paxton spokesman Marc Rylander. He declined to specify whether Paxton would file an emergency appeal or go through the standard process, which could make it less likely the stringent ID rules will be in place for November’s elections.

Seemed clear from the filings there would be no emergency SCOTUS action. And if there were, I’m sure the SCOTUS emergency review would be denied because (1) Texas waited too long given the imminent election; (2) it has started an education program for voters and training of election officials on how the new rules work; and (3) there are not 5 votes on the 4-4 Supreme Court for such relief.

I also expect cert. will be denied eventually. Liberals will like the rulings. And conservatives won’t find a fifth vote to overturn this finding on the merits.

This is so even though there is something of a Circuit split on how to apply Section 2 of the VRA to new vote denial claims.
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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>

“SCOTUS Abortion Case May Have Voting Rights Ramifications”<http://electionlawblog.org/?p=85407>
Posted on August 16, 2016 9:17 am<http://electionlawblog.org/?p=85407> by Rick Hasen<http://electionlawblog.org/?author=3>

Kimberly Robinson<http://www.bna.com/scotus-abortion-case-n73014446338/> for Bloomberg BNA:

The U.S. Supreme Court’s June decision invalidating Texas abortion restrictions could make it harder for states to justify voting restrictions, Stanford Law School’s Pamela Karlan<http://src.bna.com/hwP> said Aug. 5 while speaking at the American Bar Association’s annual meeting.

The court’s test for examining abortion rights is doctrinally similar to the test used for voting rights, Karlan told Bloomberg BNA in an interview.

Therefore, the court’s clarification of abortion’s “undue burden” standard could have ramifications for cases challenging recent voting restrictions, like voter identification laws, she said.

It’s a subtle shift, but it means courts will probably be more skeptical of voter ID laws, Karlan said.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>

“North Carolina Won’t Stop Suppressing the Vote”<http://electionlawblog.org/?p=85405>
Posted on August 16, 2016 9:08 am<http://electionlawblog.org/?p=85405> by Rick Hasen<http://electionlawblog.org/?author=3>

Ari Berman<https://www.thenation.com/article/north-carolina-wont-stop-suppressing-the-vote/> for The Nation.
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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>

“North Carolina asks the Justices to step in on voter ID law”<http://electionlawblog.org/?p=85403>
Posted on August 16, 2016 9:05 am<http://electionlawblog.org/?p=85403> by Rick Hasen<http://electionlawblog.org/?author=3>

Amy Howe<http://www.scotusblog.com/2016/08/north-carolina-asks-the-justices-to-step-in-on-voter-id-law/> for SCOTUSBlog.
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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>

“The Stunning Chutzpah Of North Carolina’s Voter Suppression Attorneys”<http://electionlawblog.org/?p=85401>
Posted on August 16, 2016 8:57 am<http://electionlawblog.org/?p=85401> by Rick Hasen<http://electionlawblog.org/?author=3>

Ian Millhiser tears apart<https://thinkprogress.org/chutzpah-9503e5d93d51#.xo730bs20> Paul Clement’s brief.
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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>

“Rogers Ailes to Advise Donald Trump Ahead of Presidential Debates”<http://electionlawblog.org/?p=85399>
Posted on August 16, 2016 8:52 am<http://electionlawblog.org/?p=85399> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT reports.<http://www.nytimes.com/2016/08/17/us/politics/donald-trump-roger-ailes.html?smid=tw-share>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Early Voting Limits Donald Trump’s Time to Turn Campaign Around”<http://electionlawblog.org/?p=85397>
Posted on August 16, 2016 8:42 am<http://electionlawblog.org/?p=85397> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT reports.<http://www.nytimes.com/2016/08/17/us/politics/early-voting-limits-donald-trumps-time-to-turn-campaign-around.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news&_r=1>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Very Disappointed that The Hill Runs Roger Stone Irresponsible Column on Hacking the Election<http://electionlawblog.org/?p=85395>
Posted on August 16, 2016 8:31 am<http://electionlawblog.org/?p=85395> by Rick Hasen<http://electionlawblog.org/?author=3>

Despicable.<http://thehill.com/blogs/pundits-blog/presidential-campaign/291534-can-the-2016-election-be-rigged-you-bet>
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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>

“EAC Vice-Chair Masterson On “EAC & Election Officials Working Together To Increase Confidence”<http://electionlawblog.org/?p=85391>
Posted on August 16, 2016 7:34 am<http://electionlawblog.org/?p=85391> by Rick Hasen<http://electionlawblog.org/?author=3>

Doug Chapin blogs.<http://editions.lib.umn.edu/electionacademy/2016/08/16/eac-vice-chair-masterson-on-eac-election-officials-working-together-to-increase-confidence/>
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Posted in election administration<http://electionlawblog.org/?cat=18>, Election Assistance Commission<http://electionlawblog.org/?cat=34>

While NC Tells #SCOTUS Not Too Late to Implement Voter ID This Election, It Has Stopped Educating Voters About It<http://electionlawblog.org/?p=85388>
Posted on August 16, 2016 7:31 am<http://electionlawblog.org/?p=85388> by Rick Hasen<http://electionlawblog.org/?author=3>

News and Observer:<http://www.newsobserver.com/news/politics-government/state-politics/article95817457.html>

State and county election officials are already adjusting their plans to comply with the 4th Circuit ruling. Several county election boards have adopted new schedules for early voting; the Mecklenburg County Board of Elections held a meeting Monday to make changes.

The State Board of Elections has shelved advertising campaigns that had been designed to air on TV, radio and other media to educate voters about the voter ID law’s requirements.

Hall said he thinks it’s too late to bring the voter ID law back because the state canceled training sessions for poll workers on the requirements.

“The reality is that they should have been in intensive training about the ID and the exemptions between the primary and the general election, and that has stopped,” he said.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Mecklenburg elections board cuts hours for early voting”<http://electionlawblog.org/?p=85386>
Posted on August 16, 2016 7:29 am<http://electionlawblog.org/?p=85386> by Rick Hasen<http://electionlawblog.org/?author=3>

Why is North Carolina afraid of black people voting? <http://www.newsobserver.com/news/politics-government/election/article95859972.html>

Despite pleas not to curtail early voting, Mecklenburg County elections officials voted Monday to cut the overall number of hours from the 2012 election by 238, even while opening as many as 22 sites around the county.

The board of elections voted in front of an overflow crowd of about 150, almost all of whom wanted more hours to vote early.

Mecklenburg became the latest county to approve an early voting plan after a panel of federal judges threw out a sweeping 2013 election law. Along with requiring voters to show identification and ending same-day registration, the law cut the number of early voting days from 17 to 10 even as it mandated a floor for the number of hours….

Before kicking off Monday’s 2  1/2-hour meeting, board chair Mary Potter Summa, a Republican, told the crowd that she’s “not a fan of early voting.”

“The more (early voting) sites we have, the more opportunities exist for violations,” she said.

When she opened the floor for comment, 33 people spoke in favor of more early voting hours, or at least as many as in 2012. Only one argued for fewer.

Mecklenburg GOP Chair Claire Mahoney said more early voting sites and more hours make it harder for candidates, particularly those with a shoestring budget.

But critics said Mecklenburg’s growth in population and voter registration argues for more, not less, early voting. Some pointed to long early voting lines in 2012. Charlotte City Council member Vi Lyles, a Democrat, was among those urging the board to extend early voting.
Starting to look like the 4th Circuit made a mistake in not putting NC back on federal preclearance for its voting rules to make sure that they don’t make protected minority voters worse off.
Update: Some data<https://twitter.com/gercohen/status/765454313447620608> on the effects of this decision.
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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>

“How this bit of nasty N.J. history may foil Trump’s vow to stop ‘rigged election'”<http://electionlawblog.org/?p=85384>
Posted on August 16, 2016 7:26 am<http://electionlawblog.org/?p=85384> by Rick Hasen<http://electionlawblog.org/?author=3>

Must-read Jonathan Salant<http://www.nj.com/politics/index.ssf/2016/08/is_trump_violating_a_nj_election_law_court_case.html> on RNC consent decree:

The Republican National Committee has been under court-imposed limits since New Jersey’s 1981 gubernatorial election.

During the campaign, state GOP officials sent letters to residents of communities with large numbers of black or Hispanic voters, and then challenged anyone whose mail was returned as undeliverable, even though they were working off outdated registration lists.

Voters in minority communities in the state were met at the polls by signs reading, “This area is being patrolled by the National Ballot Security Task Force,” and by off-duty police officers and deputy sheriffs hired by the party who, according to the original complaint, “obstructed and interfered” with the normal operations of the polling places.

In response to a lawsuit brought by the Democratic National Committee and the state party, the RNC signed a consent degree in which it agreed to not undertake “ballot security activities” in areas with a large concentration of minority voters “where a purpose or significant effect of such activities is to deter qualified voters from voting.”
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Posted in chicanery<http://electionlawblog.org/?cat=12>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Voting-Rights Advocates Keep Scoring Major Victories, But the Fight Isn’t Over Yet”<http://electionlawblog.org/?p=85382>
Posted on August 16, 2016 7:24 am<http://electionlawblog.org/?p=85382> by Rick Hasen<http://electionlawblog.org/?author=3>

Edwin Rios<http://www.motherjones.com/politics/2016/08/uncertainty-awaits-ongoing-voting-rights-battles> for Mother Jones.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“FEC to Reconsider Political Involvement by U.S. Subsidiaries of Foreign Corporations on Tuesday”<http://electionlawblog.org/?p=85380>
Posted on August 16, 2016 7:13 am<http://electionlawblog.org/?p=85380> by Rick Hasen<http://electionlawblog.org/?author=3>

Bob Lenhard<https://www.insidepoliticallaw.com/2016/08/15/fec-to-reconsider-political-involvement-by-u-s-subsidiaries-of-foreign-corporations-on-tuesday/> for Inside Political Law.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>

“Wisconsin attorney general asks US Supreme Court not to hear John Doe appeal”<http://electionlawblog.org/?p=85378>
Posted on August 16, 2016 7:12 am<http://electionlawblog.org/?p=85378> by Rick Hasen<http://electionlawblog.org/?author=3>

Matt DeFour reports.<http://journaltimes.com/news/state-and-regional/wisconsin-attorney-general-asks-u-s-supreme-court-not-to/article_c1524650-62e0-5904-8922-c5f8cd555f33.html>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>, judicial elections<http://electionlawblog.org/?cat=19>, Supreme Court<http://electionlawblog.org/?cat=29>

“Column: Florida is running out of time to give all voters equal early voting”<http://electionlawblog.org/?p=85376>
Posted on August 16, 2016 7:07 am<http://electionlawblog.org/?p=85376> by Rick Hasen<http://electionlawblog.org/?author=3>

Important Ciara Torres-Spelliscy column<http://www.tampabay.com/opinion/columns/column-florida-is-running-out-of-time-to-give-all-voters-equal-early-voting/2289590> in the Tampa Bay Times.

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Posted in election administration<http://electionlawblog.org/?cat=18>

“Teachout challenges hedge-funders Singer, Mercer to a debate”<http://electionlawblog.org/?p=85374>
Posted on August 16, 2016 7:05 am<http://electionlawblog.org/?p=85374> by Rick Hasen<http://electionlawblog.org/?author=3>

Times Union<http://blog.timesunion.com/capitol/archives/266443/teachout-challenges-hedge-funders-singer-mercer-to-a-debate/>:

Zephyr Teachout wants to take on the billionaires head-to-head.

The Democratic 19th Congressional District candidate, known for her anti-big corporation and pro-public campaign financing rhetoric, on Monday challenged hedge funders Paul Singer and Robert Mercer to a debate as they help fund a super PAC<http://blog.timesunion.com/capitol/archives/249338/super-pac-jumps-into-ny-19-primary-with-anti-heaney-tv-ad/>that has helped support Republican John Faso.

“The voters deserve to hear directly from the billionaires backing John Faso about what they expect to get from him in Congress,” Teachout said in a statement. “When someone writes a $500,000 check they don’t do it out of the goodness of their heart. These are people probably trying to buy power, and voters should know who they are and what they stand for. I’m challenging Paul Singer and Robert Mercer to put your mouth where your money is and debate me directly, not through your mouthpiece.”
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“U.S. District Court Judge Denies Injunctive Relief in Rocky De La Fuente Lawsuit Against California Independent Presidential Petition”<http://electionlawblog.org/?p=85372>
Posted on August 16, 2016 6:53 am<http://electionlawblog.org/?p=85372> by Rick Hasen<http://electionlawblog.org/?author=3>

BAN reports<http://ballot-access.org/2016/08/15/u-s-district-court-judge-denies-injunctive-relief-in-rocky-de-la-fuente-lawsuit-against-california-independent-presidential-petition/>.
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Posted in ballot access<http://electionlawblog.org/?cat=46>

“Is North Carolina Trying To Lose One Of The Biggest Voting Rights Cases In The Nation?”<http://electionlawblog.org/?p=85368>
Posted on August 15, 2016 10:07 pm<http://electionlawblog.org/?p=85368> by Rick Hasen<http://electionlawblog.org/?author=3>

Ian Millhiser<https://thinkprogress.org/nc-is-bad-at-this-2d4760054684#.j2edfy3v9> for Think Progress.

Millhiser: <https://twitter.com/imillhiser/status/765314900344406016> “The whole brief is written to piss off liberals. Opening with Crawford & Shelby County? Why not Lochner & Korematsu!”

Farias<https://twitter.com/cristianafarias/status/765310585672175616>: This from North Carolina to #SCOTUS<https://twitter.com/hashtag/SCOTUS?src=hash> strikes me as rather … odd:

[helby]<http://electionlawblog.org/wp-content/uploads/shelby.jpg>

Leah Litman<https://twitter.com/LeahLitman/status/765322666781790209>: “Great news! I found RBG SGB EK & SS edits to NC’s request to stay CA4 voting rights ruling”

[helby2]<http://electionlawblog.org/wp-content/uploads/shelby2.jpg>
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Records contradict Bayh’s assertion over staying in Indiana”<http://electionlawblog.org/?p=85365>
Posted on August 15, 2016 10:00 pm<http://electionlawblog.org/?p=85365> by Rick Hasen<http://electionlawblog.org/?author=3>

CNN:<http://www.cnn.com/2016/08/15/politics/evan-bayh-indiana-residence/index.html>

Evan Bayh pushed back at an interviewer last month when he was asked if he would move back to Indiana now that he is running to win back his old Senate seat.
“I’ve never left,” he told WISH-TV<http://wishtv.com/2016/07/13/evan-bayh-to-run-for-u-s-senate/>.
It turns out he did.
A CNN review of public records since Bayh left office in 2011 shows the Democrat repeatedly listed his two multi-million dollar homes in Washington as his main places of residence — not the $53,000 condo he owns in Indianapolis.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85365&title=%26%238220%3BRecords%20contradict%20Bayh%26%238217%3Bs%20assertion%20over%20staying%20in%20Indiana%26%238221%3B&description=>
Posted in campaigns<http://electionlawblog.org/?cat=59>, residency<http://electionlawblog.org/?cat=38>

“Libertarians can swap in Gary Johnson’s name on Ohio ballot, Jon Husted rules”<http://electionlawblog.org/?p=85363>
Posted on August 15, 2016 9:57 pm<http://electionlawblog.org/?p=85363> by Rick Hasen<http://electionlawblog.org/?author=3>

The latest <http://www.cleveland.com/open/index.ssf/2016/08/libertarians_can_swap_in_gary.html> from Ohio:

Ohio Secretary of State Jon Husted on Monday gave the green light for Libertarians to swap in presidential nominee Gary Johnson’s name as an independent on the November ballot.

Husted’s ruling ends questions about whether Ohio Libertarians were legally allowed to insert Johnson’s name in place of a temporary candidate, 2014 gubernatorial candidate Charlie Earl<http://www.cleveland.com/open/index.ssf/2016/08/ohio_libertarians_push_surpris.html>.

Johnson, a former governor of New Mexico, isn’t on the Ohio ballot yet: county elections officials have until Friday to verify whether at least 5,000 of the 12,000 petition signatures submitted are valid.

If Johnson appears on the ballot, he could make a difference in a close race between Democrat Hillary Clinton and Republican Donald Trump — recent surveys<http://www.realclearpolitics.com/epolls/2016/president/oh/ohio_trump_vs_clinton_vs_johnson_vs_stein-5970.html> show Johnson polling between 5 percent and 12 percent in Ohio, a key swing state.
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Posted in ballot access<http://electionlawblog.org/?cat=46>, campaigns<http://electionlawblog.org/?cat=59>

“North Carolina Took 17 Days to Ask Supreme Court to Rescue Its Voter ID Law”<http://electionlawblog.org/?p=85361>
Posted on August 15, 2016 8:34 pm<http://electionlawblog.org/?p=85361> by Rick Hasen<http://electionlawblog.org/?author=3>

Cristian Farias<http://www.huffingtonpost.com/entry/north-carolina-voter-id-law-supreme-court_us_57b23f3ce4b0863b0284666a> for HuffPo.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85361&title=%26%238220%3BNorth%20Carolina%20Took%2017%20Days%20to%20Ask%20Supreme%20Court%20to%20Rescue%20Its%20Voter%20ID%20Law%26%238221%3B&description=>
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>

“Donald Trump will be the nominee of two parties on California’s November ballot”<http://electionlawblog.org/?p=85359>
Posted on August 15, 2016 8:12 pm<http://electionlawblog.org/?p=85359> by Rick Hasen<http://electionlawblog.org/?author=3>

LAT.<http://www.latimes.com/politics/la-pol-ca-donald-trump-california-ballot-american-independent-party-20160815-snap-story.html>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Goldfeder’s Presidential Quiz<http://electionlawblog.org/?p=85357>
Posted on August 15, 2016 8:08 pm<http://electionlawblog.org/?p=85357> by Rick Hasen<http://electionlawblog.org/?author=3>

Get your fix<http://www.stroock.com/files/upload/JerryGoldfederDailyQuiz.pdf>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85357&title=Goldfeder%26%238217%3Bs%20Presidential%20Quiz&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“North Carolina appeals voter ID ruling to the Supreme Court”<http://electionlawblog.org/?p=85355>
Posted on August 15, 2016 7:59 pm<http://electionlawblog.org/?p=85355> by Rick Hasen<http://electionlawblog.org/?author=3>

Ariane de Vogue reports <http://www.cnn.com/2016/08/15/politics/voter-id-north-carolina-appeal-supreme-court/index.html> for CNN.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85355&title=%26%238220%3BNorth%20Carolina%20appeals%20voter%20ID%20ruling%20to%20the%20Supreme%20Court%26%238221%3B&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>

Politifact Awards Trump #PantsOnFire for Claim Democrats are “Rigging” Election<http://electionlawblog.org/?p=85353>
Posted on August 15, 2016 4:01 pm<http://electionlawblog.org/?p=85353> by Rick Hasen<http://electionlawblog.org/?author=3>

Politifact.<http://www.politifact.com/truth-o-meter/statements/2016/aug/15/donald-trump/donald-trumps-baseless-claims-about-election-being/>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85353&title=Politifact%20Awards%20Trump%20%23PantsOnFire%20for%20Claim%20Democrats%20are%20%26%238220%3BRigging%26%238221%3B%20Election&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

The Difference Between Illegal Voter Intimidation and Permissible Election Observation Under RNC Decree<http://electionlawblog.org/?p=85351>
Posted on August 15, 2016 3:54 pm<http://electionlawblog.org/?p=85351> by Rick Hasen<http://electionlawblog.org/?author=3>

I’ve argued<http://electionlawblog.org/?p=85289> that if Trump is an agent of the RNC, his new plans to stop “election rigging” could run afoul of a consent decree aimed at stopping the RNC from such activities. But all agree that parties and candidates can run legal election observation activities.  So what’s the difference between permissible and impermissible?  The district court in one of the RNC v. DNC skirmishes defined the difference as follows (from 671 F. Supp. 2d at 622):

(3) “Ballot Security,” as used in the Consent Decree, shall include any program aimed at combating voter fraud by preventing potential voters from registering to vote or casting a ballot. Such programs include, but are not limited to, the compilation of voter challenge lists by use of mailings or reviewing databases maintained by state agencies such as motor vehicle records, social security records, change of address forms, and voter lists assembled pursuant to the HAVA; the use of challengers to confront potential voters and verify their eligibility at the polls on either Election Day or a day on which they may take advantage of state early voting procedures; the recording by photographic or other means of voter likenesses or vehicles at any polling place; and the distribution of literature informing individuals at or near a polling place that voter fraud is a crime or detailing the penalties under any state or federal statute for impermissibly casting a ballot.
(4) “Normal poll-watch function” shall include stationing individuals at polling stations to observe the voting process and report irregularities unrelated to voter fraud to duly-appointed state officials. Such observers may report any disturbance that they reasonably believe might deter eligible voters from casting their ballots, including malfunctioning voting machines, long lines, or understaffing at polling places. Such observers may not question voters about their credentials; impede or delay voters by asking for identification, *623videotape, photograph, or otherwise make visual records of voters or their vehicles; or issue literature outlining the fact that voter fraud is a crime or detailing the penalties under any state or federal statute for impermissibly casting a ballot.
 Trump is arguably setting up to do the former, not the latter.  More soon.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

7th Cir. Panel Denies Reconsideration of Stay in WI Voter ID Case; En Banc Still Pending<http://electionlawblog.org/?p=85347>
Posted on August 15, 2016 3:27 pm<http://electionlawblog.org/?p=85347> by Rick Hasen<http://electionlawblog.org/?author=3>

Order.<http://electionlawblog.org/wp-content/uploads/7th-reconsider.pdf>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85347&title=7th%20Cir.%20Panel%20Denies%20Reconsideration%20of%20Stay%20in%20WI%20Voter%20ID%20Case%3B%20En%20Banc%20Still%20Pending&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Scheduled to Be on All in With Chris Hayes Talking Trump and Voter Intimidation<http://electionlawblog.org/?p=85345>
Posted on August 15, 2016 3:25 pm<http://electionlawblog.org/?p=85345> by Rick Hasen<http://electionlawblog.org/?author=3>

Tune in at 8 eastern/5 pacific (with guest host @arimelber)
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85345&title=Scheduled%20to%20Be%20on%20All%20in%20With%20Chris%20Hayes%20Talking%20Trump%20and%20Voter%20Intimidation&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

--
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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