[EL] ELB News and Commentary 8/21/16
Rick Hasen
rhasen at law.uci.edu
Sun Aug 21 13:33:22 PDT 2016
“Donald Trump, a ‘Rigged’ Election and the Politics of Race”<http://electionlawblog.org/?p=85629>
Posted on August 21, 2016 1:29 pm<http://electionlawblog.org/?p=85629> by Rick Hasen<http://electionlawblog.org/?author=3>
Today’s must-read <http://www.nytimes.com/2016/08/22/us/politics/donald-trump-a-rigged-election-and-the-politics-of-race.html?smid=tw-share> from Maggie Haberman and Matt Flegenheimer in the NYT:
Darrell L. Clarke, Philadelphia’s City Council president, said the racial overtones of Mr. Trump’s remarks were clear.
“When you talk about ‘certain areas’ in Pennsylvania, we all know what that means,” he said. “He’s talking about Philadelphia and some of the urban areas.”
The Trump campaign recently started a website<https://www.donaldjtrump.com/lp/volunteer-to-be-a-trump-election-observer> urging people to sign up as election watchers. All campaigns bring on poll watchers, but they are required to go through extensive training about what crosses the line into intimidation.
The Republican National Committee has been operating under a consent decree for more than three decades, after claims that members of the committee intimidated minority voters at the polls in the 1970s and 1980s. Mr. Trump’s campaign, according to committee officials, is not bound by that document, despite the intermingling of their resources.
The consent decree is set to expire soon, but not before the election. Republicans have fretted that Mr. Trump’s bombast would invite Democrats to fight to keep it in place.
Mr. Braden, the Republican election lawyer, said that sweeping talk about fraud could backfire in tight Senate races in which Republicans end up ahead by a slim margin.
“From my perspective, no, it is not helping,” he said. “A more measured, thoughtful discussion of the issue, which is worth discussing, would be helpful.”
“But that,” he added, “does not seem to be his style.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85629&title=%26%238220%3BDonald%20Trump%2C%20a%20%E2%80%98Rigged%E2%80%99%20Election%20and%20the%20Politics%20of%20Race%26%238221%3B&description=>
Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>
Something Unusual in Trump’s Latest Fundraising Report<http://electionlawblog.org/?p=85627>
Posted on August 21, 2016 1:22 pm<http://electionlawblog.org/?p=85627> by Rick Hasen<http://electionlawblog.org/?author=3>
Matea Gold<https://www.washingtonpost.com/news/post-politics/wp/2016/08/21/trump-campaign-has-biggest-spending-month-yet-but-clinton-still-dominates-financially/> for WaPo:
However, Trump does not appear to be harvesting as much cash from those joint fundraising efforts as Clinton does. His campaign said that that it raised $64 million with the RNC through online donations and direct mail in July, ostensibly mostly small contributions that would be directed to his committee, rather than the party. But Trump’s campaign reported just $36 million in receipts last month. That included $14.5 million transferred from the joint fundraising committees and a $2 million donation from Trump himself, who has now given a total of $52 million to finance his White House bid.
It is unclear why more money was not transferred from the joint fundraising committees, which are not scheduled to file their next finance reports until Oct. 15. The Trump campaign did not respond to requests for clarification.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85627&title=Something%20Unusual%20in%20Trump%26%238217%3Bs%20Latest%20Fundraising%20Report&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
“Review of States with Voter ID Laws Found No Impersonation Fraud”<http://electionlawblog.org/?p=85625>
Posted on August 21, 2016 1:20 pm<http://electionlawblog.org/?p=85625> by Rick Hasen<http://electionlawblog.org/?author=3>
News21/Texas Tribune:<http://tpr.org/post/review-states-voter-id-laws-found-no-impersonation-fraud#stream/0>
Politicians and voting rights advocates continue to clash over whether photo ID and other voting requirements are needed to prevent voter fraud, but a News21 analysis and recent court rulings show little evidence that such fraud is widespread.
A News21 analysis four years ago of 2,068 alleged election-fraud cases in 50 states found that while some fraud had occurred since 2000, the rate was infinitesimal compared with the 146 million registered voters in that 12-year span. The analysis found only 10 cases of voter impersonation, the only kind of fraud that could be prevented by voter ID at the polls.
This year, News21 reviewed cases in Arizona, Ohio, Georgia, Texas and Kansas, where politicians have expressed concern about voter fraud, and found hundreds of allegations but few prosecutions between 2012 and 2016. Attorneys general in those states successfully prosecuted 38 cases, though other cases may have been litigated at the county level. At least one-third of those cases involved nonvoters, such as elections officials or volunteers. None of the cases prosecuted was for voter impersonation.
More:
Wisconsin Gov. Scott Walker told News21 that the number of fraud cases is beside the point. “All it takes is one person whose vote is canceled by someone not voting legally and that’s a problem,” he said. “I always tell folks who oppose (the ID law) tell me whose vote they want canceled out.”
I wish Gov. Walker would care as much about each eligible voter who has been denied the right to vote because of the state’s strict voter id law when the voter cannot get the i.d. through no fault of their own. Maybe he should give up his own vote until all of those people get the i.d’s they deserve–or better, can vote by affidavit and utility bill.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85625&title=%26%238220%3BReview%20of%20States%20with%20Voter%20ID%20Laws%20Found%20No%20Impersonation%20Fraud%26%238221%3B&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Foundation Ties Bedevil Hillary Clinton’s Presidential Campaign”<http://electionlawblog.org/?p=85623>
Posted on August 21, 2016 1:16 pm<http://electionlawblog.org/?p=85623> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/08/21/us/politics/hillary-clinton-presidential-campaign-charity.html?ref=politics>
With Mrs. Clinton facing accusations of favoritism toward Clinton Foundation donors during her time as secretary of state, former President Bill Clinton<https://www.nytimes.com/topic/person/bill-clinton> told foundation employees on Thursday that the organizationwould no longer accept<http://www.nytimes.com/2016/08/19/us/politics/if-hillary-clinton-wins-foundation-will-stop-accepting-foreign-donations.html> foreign or corporate donations should Mrs. Clinton win in November.
But while the move could avoid the awkwardness of Mr. Clinton jetting around the world asking for money while his wife is president, it did not resolve a more pressing question: how her administration would handle longtime donors seeking help from the United States, or whose interests might conflict with the country’s own.
The Clinton Foundation has accepted tens of millions of dollars from countries that the State Department — before, during and after Mrs. Clinton’s time as secretary — criticized for their records on sex discrimination and other human-rights issues. The countries include Saudi Arabia, the United Arab Emirates, Qatar, Kuwait, Oman, Brunei and Algeria.
Time to SHUT IT DOWN.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85623&title=%26%238220%3BFoundation%20Ties%20Bedevil%20Hillary%20Clinton%E2%80%99s%20Presidential%20Campaign%26%238221%3B&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
“Virginia’s McAuliffe to announce restoration of voting rights to 13,000 felons”<http://electionlawblog.org/?p=85619>
Posted on August 21, 2016 1:12 pm<http://electionlawblog.org/?p=85619> by Rick Hasen<http://electionlawblog.org/?author=3>
AP<http://www.roanoke.com/ap/national/virginia-s-mcauliffe-to-announce-restoration-of-voting-rights-to/article_af53164c-cdc2-52d0-8c63-fcb97efddb55.html>:
At noon Monday, it said, he will appear at the Civil Rights Memorial on Capitol Square “to make major restoration of rights announcement.”
A McAuliffe spokeswoman, Christina Nuckols, declined to provide more information.
McAuliffe will announce that he has restored voting rights to the 13,000 felons, making them free to register once again, according to the two people, who spoke on condition of anonymity because they were not authorized to disclose his plans. McAuliffe also will lay out his plans to restore rights to the remainder of the 200,000.
See also this Fusion story<http://fusion.net/story/338508/disenfranchised-voters-virginia-2016-election/> of people who have had their eligibility restored then taken away.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85619&title=%26%238220%3BVirginia%26%238217%3Bs%20McAuliffe%20to%20announce%20restoration%20of%20voting%20rights%20to%2013%2C000%20felons%26%238221%3B&description=>
Posted in felon voting<http://electionlawblog.org/?cat=66>
Condemn Despicable Attacks on Trump Supporters—But Don’t Attribute It to the Clinton Campaign<http://electionlawblog.org/?p=85617>
Posted on August 21, 2016 1:04 pm<http://electionlawblog.org/?p=85617> by Rick Hasen<http://electionlawblog.org/?author=3>
I have long condemned violence and the threat of violence during elections. As I started a tweetstorm<https://storify.com/rickhasen/getting-started> back in June, when some people were physically attacking Trump supporters, Our democratic system<https://twitter.com/rickhasen/status/738572642223935488> depends upon the ability to peacefully gather for political purposes, without the threat of violence.
But some of this violence as continued. In Minnesota<http://thehill.com/blogs/ballot-box/presidential-races/292082-protesters-push-spit-on-trump-donors-at-minn-fundraiser>, for example<http://thehill.com/blogs/ballot-box/presidential-races/292082-protesters-push-spit-on-trump-donors-at-minn-fundraiser>, some Trump fundraiser “attendees were pushed and jostled, spit on and verbally harassed as they left the convention center.”
This is despicable and should be condemned by all. People should have the right to engage in political activity without fear of violence or intimidation.
There is a big difference, however, between this violence and the violence coming from Trump supporters (as well as the threatened voter intimidation<http://electionlawblog.org/?p=85598>): only Trump is the one encouraging violence (watch this video)<http://www.nytimes.com/video/us/100000004269364/trump-and-violence.html>. And Hillary Clinton has condemned the attacks<http://www.politico.com/story/2016/06/clinton-trump-rally-violence-223885> on Trump supporters, much of which seems to come from anarchists and political agitators who do not support either candidate. These people do not seem<https://twitter.com/JaimeDeLage/status/766791860547354624?ref_src=twsrc%5Etfw> to be<https://twitter.com/StarTribune/status/766843737892753409/photo/1?ref_src=twsrc%5Etfw> Hillary supporters (at least based on their signs and what they are wearing).
Let’s compare the Clinton and Trump views on violence.
Clinton said: <http://www.politico.com/story/2016/06/clinton-trump-rally-violence-223885>
“I condemn all violence in our political arena,” Clinton told CNN’s Jake Tapper in an interview broadcast Friday. “I condemned it when Donald Trump was inciting it and congratulating people who were engaging in it. I condemn it by those who are taking violent protests to physical assault against Donald Trump.”
Compare Trump:<http://www.nytimes.com/video/us/100000004269364/trump-and-violence.html>
“So if you see someone ready to throw a tomato. Knock the crap out of them, would you? Seriously. Okay? Just knock the hell. I promise you, I will pay for the legal fees, I promise. I promise.”
“We’re not allowed to punch back anymore. I love the old days. You know what they used to do to guys like that when they were in a place like this? They’d be carried out in a stretcher folks.”
“I’d like to punch him in the face. I’ll tell you. We having a good time? U.S.A. U.S.A.”
So despite what some folks think,<https://twitter.com/rickhasen/status/767192027792416769> there really is no comparison. One candidate is encouraging violence; one is condemning it.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85617&title=Condemn%20Despicable%20Attacks%20on%20Trump%20Supporters%26%238212%3BBut%20Don%26%238217%3Bt%20Attribute%20It%20to%20the%20Clinton%20Campaign&description=>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Fighting Fear of Fraud: What Individuals Can Do to Restore Confidence in US Elections”<http://electionlawblog.org/?p=85615>
Posted on August 21, 2016 12:37 pm<http://electionlawblog.org/?p=85615> by Rick Hasen<http://electionlawblog.org/?author=3>
Max Hailperin <https://medium.com/@max.hailperin/fighting-fear-of-fraud-what-individuals-can-do-to-restore-confidence-in-us-elections-ac45196f8a19#.utksmsssw> on Medium.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85615&title=%26%238220%3BFighting%20Fear%20of%20Fraud%3A%20What%20Individuals%20Can%20Do%20to%20Restore%20Confidence%20in%20US%20Elections%26%238221%3B&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“The Power of Mythical Fraudulent Voters”<http://electionlawblog.org/?p=85613>
Posted on August 21, 2016 12:35 pm<http://electionlawblog.org/?p=85613> by Rick Hasen<http://electionlawblog.org/?author=3>
David Shorr:<http://renaissancewonk.com/?p=51>
So here is an issue where one of the GOP fallacies literally tilts the burden of proof. In other words, the fallacy of fraudulent voters has pushed aside more fundamental questions about the need for ID in the first place. Why wouldn’t a voter’s signed affidavit on their identity be enough to protect against fraud? The Court of Appeals opinion goes on to cite the Supreme Court’s 2008 decision in Crawford v. Marion County that declared trips to the DMV to obtain ID as not being an onerous burden. But when experience with the voter ID laws began revealing the large number of (disproportionately minority) citizens who lack drivers licenses—and the should-have-been-obvious difficulties for hourly wage-earners with inflexible schedules to get to a DMV—the supposedly light burden has been a hotly contested question. And by the way, one of the most forceful voices on the other side has been the eminent conservative jurist Judge Richard Posner, who sits on the Seventh Circuit Court of Appeals but was not part of the panel for the Wisconsin case. As I say in the book, one of the larger issues here is the blind spot of judges in a privileged social class who are clueless about the millions of Americans for whom a trip to the DMV is no small thing.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85613&title=%26%238220%3BThe%20Power%20of%20Mythical%20Fraudulent%20Voters%26%238221%3B&description=>
Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>
“Why Is C-SPAN Giving Roger Stone A Platform To Peddle Conspiracy Theories?”<http://electionlawblog.org/?p=85610>
Posted on August 20, 2016 5:22 pm<http://electionlawblog.org/?p=85610> by Rick Hasen<http://electionlawblog.org/?author=3>
C-SPAN follows the Hill<http://mediamatters.org/blog/2016/08/19/why-c-span-giving-roger-stone-platform-peddle-conspiracy-theories/212534> into the cesspool that is Roger Stone:
[Wall St. Journal reporter Monica] Langley asked Stone, “One thing that Trump and you have alleged frequently is that this election could be ‘rigged.’ Why do you say that, and do you think that’s a dangerous thing to be saying for a democracy?” Stone responded, “Actually, it’s a dangerous thing to not be saying.” He then suggested that polls are currently being intentionally “inflate[d]” to favor Clinton in order to lay the groundwork for electronic voting machines to be rigged to “reflect that outcome.” After Stone proffered his conspiracy theory, the questioners just shifted to discussing recent changes in Trump’s campaign staff.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85610&title=%26%238220%3BWhy%20Is%20C-SPAN%20Giving%20Roger%20Stone%20A%20Platform%20To%20Peddle%20Conspiracy%20Theories%3F%26%238221%3B&description=>
Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>
“Courts are roadblocks to NC lawmakers’ right turn”<http://electionlawblog.org/?p=85608>
Posted on August 20, 2016 5:08 pm<http://electionlawblog.org/?p=85608> by Rick Hasen<http://electionlawblog.org/?author=3>
Anne Blythe reports<http://www.charlotteobserver.com/news/politics-government/article96912327.html> for the Charlotte Observer.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85608&title=%26%238220%3BCourts%20are%20roadblocks%20to%20NC%20lawmakers%E2%80%99%20right%20turn%26%238221%3B&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Nationally, New Laws Force Voters to Navigate Maze of Requirements”<http://electionlawblog.org/?p=85606>
Posted on August 20, 2016 5:02 pm<http://electionlawblog.org/?p=85606> by Rick Hasen<http://electionlawblog.org/?author=3>
News21<https://www.texastribune.org/2016/08/20/nationally-new-laws-force-voters-navigate-maze-req/>:
With the presidential election less than three months away, millions of Americans will be navigating new requirements for voting – if they can vote at all – as their state leaders implement dozens of new restrictions that could make it more difficult to cast a ballot.
Since the last presidential election in 2012, politicians in 20 states including Texas passed 37 different new voting requirements that they said were needed to prevent voter fraud, a News21 analysis found. More than a third of those changes require voters to show specified government-issued photo IDs at the polls or reduce the number of acceptable IDs required by pre-existing laws.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85606&title=%26%238220%3BNationally%2C%20New%20Laws%20Force%20Voters%20to%20Navigate%20Maze%20of%20Requirements%26%238221%3B&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
News21 Publishes “Voting Wars” Stories<http://electionlawblog.org/?p=85604>
Posted on August 20, 2016 5:00 pm<http://electionlawblog.org/?p=85604> by Rick Hasen<http://electionlawblog.org/?author=3>
News21, which did an excellent job in the 2012 elections <http://votingrights.news21.com/article/election-fraud/> bringing us counts of election crime prosecutions in the U.S., has just released a new set of stories described <https://votingwars.news21.com/about-voting-wars/> as follows:
“Voting Wars,” an investigation of voting rights and election participation, is the 2016 project of the Carnegie-Knight News21 program<http://news21.com/>, a national multimedia, investigative reporting project produced by the nation’s top journalism students and graduates. Each year, students selected into the program report in-depth on a topic of national importance.
This year, 31 journalism students from 18 universities traveled to 31 states, conducted hundreds of interviews, reviewed thousands of pages of state statutes and other records, and built databases and data visualizations documenting the issues surrounding voter rights and participation.
The students work began in January 2016 with a video-conferenced seminar that included reporting and research. In May, they began the 10-week investigative reporting fellowship based out of a newsroom at the Walter Cronkite School of Journalism and Mass Communication at Arizona State University’s downtown Phoenix campus.
Here are the stories (some of which I will highlight individually in separate posts):
All Voting Wars stories
African-Americans in the South face new barriers to vote<https://votingwars.news21.com/african-americans-in-the-south-face-new-barriers-to-vote/>
Nine Southern states have implemented voting restrictions since 2012. Most require voters to show state-issued photo ID at the polls.
Asian-American population increases, but voter turnout still lags<https://votingwars.news21.com/asian-american-population-increases-but-voter-turnout-still-lags/>
Asian-Americans are educated and wealthy – factors that traditionally produce high voter turnout – but they vote least of any demographic group.
California law opens door for minority representation<https://votingwars.news21.com/california-law-opens-door-for-minority-representation/>
The law paves the way for voting districts to replace at-large voting. Residents say district voting helps elect people who better understand their neighborhoods.
College students face unique challenges casting a vote<https://votingwars.news21.com/college-students-face-unique-challenges-casting-a-vote/>
Across the country, civic engagement groups have spent hundreds of hours trying to energize this large, yet often elusive group of potential voters.
In Ferguson, city increases African-American representation<https://votingwars.news21.com/in-ferguson-city-increases-african-american-representation/>
In the first year after a white police officer shot and killed Michael Brown, Ferguson voters elected two African-Americans to the City Council.
Lawmakers at odds over voting rights for felons<https://votingwars.news21.com/lawmakers-at-odds-over-voting-rights-for-felons/>
Republicans and Democrats continue to battle over restoring voting rights to felons, making the process confusing for millions of convicted criminals.
Voter fraud is not a persistent problem<https://votingwars.news21.com/voter-fraud-is-not-a-persistent-problem/>
The 2016 Republican platform urges states to require proof of citizenship and photo ID, but experts say there is no rampant fraud at the polls.
Kansas official: Tough law is a ‘model for other states’<https://votingwars.news21.com/kansas-official-tough-law-is-a-model-for-other-states/>
Kansas’ secretary of state faces court battles over his repeated attempts to require residents to provide proof of citizenship to register to vote.
Latinos: Will the ‘sleeping giant’ wake and vote this November?<https://votingwars.news21.com/latinos-will-the-sleeping-giant-wake-and-vote-this-november/>
A sizable gap remains between Latinos who can vote and those who will, but the group could be the future of the American electorate.
Methodology<https://votingwars.news21.com/methodology/>
News21 analyzed voter registration and removal lists in a dozen states and a handful of key counties. The lists included 49.3 million names of registered voters and 7.2 million names of voters who were struck from the rolls.
Tracking the military vote: Does it work?<https://votingwars.news21.com/tracking-the-military-vote-does-it-work/>
Many active duty military members won’t know whether their vote is counted in November – and the government might not either.
Five things to know about millennials and politics<https://votingwars.news21.com/five-things-to-know-about-millennial-politics/>
They’re the least likely generation to vote this November, but many millennials do care about politics – they just show it differently.
Native Americans still fight for voting equality<https://votingwars.news21.com/native-americans-still-fight-for-voting-equality/>
Tribal members across the country have filed suits alleging state laws and county election practices intentionally make it harder to vote on reservations.
Voting is easy in Nevada, but many still don’t participate<https://votingwars.news21.com/voting-is-easy-in-nevada-but-many-still-dont-participate/>
Early voting, mobile voting trailers and excuse-free absentee ballots are a few ways Nevada makes it easy to access the polls.
America scrubs millions from the voter rolls. Is it fair?<https://votingwars.news21.com/america-scrubs-millions-from-the-voter-rolls-is-it-fair/>
Voter roll purging has become a legal battleground between politicians who say it’s necessary and voting rights advocates who call it discriminatory.
School takeovers leave parents without a voice in education<https://votingwars.news21.com/school-takeovers-leave-parents-without-a-voice-in-education/>
At least 20 states have stripped locally elected school boards of their power in poor, mostly minority communities.
Texas’ controversial voter ID law can’t stop mail-in ballot fraud<https://votingwars.news21.com/texas-controversial-voter-id-law-cant-stop-mail-in-ballot-fraud/>
Voter fraud exists in Texas, but it’s not that common. Only 15 cases have been prosecuted by the attorney general between the 2012 primary and July 2016.
Voters will face a maze of new requirements in November<https://votingwars.news21.com/voters-will-face-a-maze-of-new-requirements-in-november/>
Concerns about voter fraud have spurred 20 states to pass new voting requirements in the last four years.
Working-class whites break from Democrats to choose Trump<https://votingwars.news21.com/working-class-whites-break-from-democrats-to-choose-trump/>
In economically struggling communities Donald Trump’s “Make America Great Again” message resonates with many white Democrats.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85604&title=News21%20Publishes%20%26%238220%3BVoting%20Wars%26%238221%3B%20Stories&description=>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>
“Colleges Should Promote and Defend Student Voting”<http://electionlawblog.org/?p=85602>
Posted on August 20, 2016 4:43 pm<http://electionlawblog.org/?p=85602> by Rick Hasen<http://electionlawblog.org/?author=3>
Jonathen Becker blogs.<http://www.huffingtonpost.com/entry/american-colleges-should-promote-and-defend-student_us_57ae185fe4b0ae60ff026711>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85602&title=%26%238220%3BColleges%20Should%20Promote%20and%20Defend%20Student%20Voting%26%238221%3B&description=>
Posted in voting<http://electionlawblog.org/?cat=31>
What If Trump Supporters Go Rogue on Voter Intimidation?<http://electionlawblog.org/?p=85598>
Posted on August 20, 2016 4:31 pm<http://electionlawblog.org/?p=85598> by Rick Hasen<http://electionlawblog.org/?author=3>
I’ve suggested this might happen<https://www.washingtonpost.com/news/the-fix/wp/2016/08/13/how-donald-trumps-bizarre-voter-watch-effort-could-get-the-gop-in-trouble/>, and here’s a picture <https://twitter.com/jackbgoode1/status/766827980840505344> of what that might look like:
[creen Shot 2016-08-20 at 4.28.13 PM]<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2016-08-20-at-4.28.13-PM.png>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85598&title=What%20If%20Trump%20Supporters%20Go%20Rogue%20on%20Voter%20Intimidation%3F&description=>
Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>
When You Try to Infiltrate Campaign, Be More Creative with Your Name<http://electionlawblog.org/?p=85595>
Posted on August 19, 2016 5:12 pm<http://electionlawblog.org/?p=85595> by Rick Hasen<http://electionlawblog.org/?author=3>
This person obviously failed Dirty Tricks 101:<http://www.jsonline.com/story/news/politics/elections/2016/08/17/feingold-says-campaign-infiltrated/88919320/?mkt_tok=eyJpIjoiWkRrNU5qaG1PVE15T1RRdyIsInQiOiJVNWR0ZUNycnV5WGxKZUZXeHVybTFiR2dEbklscWpHeDhtV25VUkx1RDhBQkpHaUpEQ1Ftc0dTVWRXWHZhSGFQVXBMZ2dmQ1NcL2NDTU4wdSthbnc3bEJOdVlUU2MrMUVpdjRiYnFpRTVBbjA9In0%3D>
An apparent Republican activist tried to join Democrat Russ Feingold’s team this week in what Feingold’s campaign suspects was a plot to dig up dirt on him….
The woman signed up to be a volunteer as Allison Moss on Tuesday, but was let go Wednesday after the Feingold campaign asked her if she was actually Allison Maass.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85595&title=When%20You%20Try%20to%20Infiltrate%20Campaign%2C%20Be%20More%20Creative%20with%20Your%20Name&description=>
Posted in chicanery<http://electionlawblog.org/?cat=12>
“Why the Sky Didn’t Fall: Mobilizing Anger in Reaction to Voter ID Laws”<http://electionlawblog.org/?p=85593>
Posted on August 19, 2016 3:28 pm<http://electionlawblog.org/?p=85593> by Rick Hasen<http://electionlawblog.org/?author=3>
Nicholas Valentino and Fabian Neuner have written this article <http://onlinelibrary.wiley.com/doi/10.1111/pops.12332/abstract> for Political Psychology. Here is the abstract:
Since 2002, 26 U.S. states have passed laws that enhance restrictions on voters who intend to register and vote. Most have been sponsored by Republican legislators and passed by states with large Republican majorities. Proponents of such identification requirements argue that they are necessary to ensure the integrity of the electoral system by reducing voter fraud. Many Democrats have cried foul, arguing these laws are motivated by crass partisanship at best, and racial bias at worst, because they disproportionately disenfranchise minorities. Surprisingly, empirical evidence for significant demobilization, either in the aggregate or among Democrats specifically, has thus far failed to materialize. We suspect strong emotional reactions to the public debate about these laws may mobilize Democrats, counterbalancing the disenfranchising effect. We find support for this conjecture in a nationally representative survey and an experiment where news frames about voter identification (ID) laws are carefully manipulated.
I discussed the possibility of this backlash effect in The Voting Wars, and it is good to see this is being tested with empirical evidence.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85593&title=%26%238220%3BWhy%20the%20Sky%20Didn%26%238217%3Bt%20Fall%3A%20Mobilizing%20Anger%20in%20Reaction%20to%20Voter%20ID%20Laws%26%238221%3B&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
What Are North Carolina Republicans Doing?<http://electionlawblog.org/?p=85589>
Posted on August 19, 2016 3:23 pm<http://electionlawblog.org/?p=85589> by Rick Hasen<http://electionlawblog.org/?author=3>
With polls showing that North Carolina’s GOP is in trouble—now not just the governor’s reelection bid and Trump’s bid<http://www.realclearpolitics.com/epolls/2016/president/nc/north_carolina_trump_vs_clinton-5538.html> for electoral votes, but now also Senator Richard Burr is in danger of losing his seat<https://twitter.com/Nate_Cohn/status/766408262505947136>—it seems that NC Republicans are only digging themselves deeper into a hole with minority voters when they fight for strict voter id and against early voting. The Woodhouse memo <http://talkingpointsmemo.com/dc/north-carolina-gop-scotus-voting-rights> is just the latest in a series. Yet NC has taken its case on an emergency basis to the Supreme Court to put the rollbacks in before the election.
Seriously, NC Republicans: do you think you lose more votes by allowing early voting or by looking like you are suppressing minority voters?
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85589&title=What%20Are%20North%20Carolina%20Republicans%20Doing%3F&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
WI Files Reply Brief in One Wisconsin Now Early Voting 7th Circuit Stay Request<http://electionlawblog.org/?p=85584>
Posted on August 19, 2016 2:52 pm<http://electionlawblog.org/?p=85584> by Rick Hasen<http://electionlawblog.org/?author=3>
You can read it here.<http://electionlawblog.org/wp-content/uploads/OWI-Stay-Reply.pdf> A snippet on the Purcell issue:
Equally remarkably, Plaintiffs assert that the risk of “voter confusion,” Purcell v. Gonzalez, 549 U.S. 1, 4–5 (2006), favors them. Resp. 19–20. The injunction revised laws have been on the books for years. Yet Plaintiffs suggest that, after the district court issued a 119-page opinion on a recent Friday evening and a few newspapers wrote about it, Wisconsin’s voters adjusted—virtually overnight—to the new judicially imposed electoral system. Resp. 14–15 & n.10. And, apparently, those same voters disregard the many official State forms and websites that presently reflect the rules as enacted by the Legislature, see Mot. 14–16. This is not credible.
What about the announcements of early voting dates based on the injunction?
Update: Here’s some guidance <http://www.gab.wi.gov/node/4041> from Wisconsin election officials sent today, after some jurisdictions have already set early voting dates.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85584&title=WI%20Files%20Reply%20Brief%20in%20One%20Wisconsin%20Now%20Early%20Voting%207th%20Circuit%20Stay%20Request&description=>
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>
“Texas fails to comply with language access provisions of the Voting Rights Act”<http://electionlawblog.org/?p=85582>
Posted on August 19, 2016 2:42 pm<http://electionlawblog.org/?p=85582> by Rick Hasen<http://electionlawblog.org/?author=3>
Release<https://www.texascivilrightsproject.org/en/2016/08/19/release-texas-fails-to-comply-with-language-access-provisions-of-the-voting-rights-act/>:
Today, a coalition of 10 groups sent a letter to Carlos Casco, Secretary of State of Texas, requesting that his office take immediate steps to comply with the federal Voting Rights Act of 1985 (VRA) and the Texas Elections Code.
Evidence currently shows that the State is failing to provide critical materials for potential Volunteer Deputy Registrars (VDRs) in Spanish and is not uniformly distributing Spanish language materials in all counties across Texas.
Under the Texas Elections Code, it is a crime<http://www.sos.state.tx.us/elections/pamphlets/deputy.shtml> to handle a completed voter registration form in any Texas county without being appointed as a VDR for that particular county. The failure to provide Spanish language materials identical to the English language materials, or to ensure all Texas Counties make the Spanish language materials available,, for potential VDRs excludes Spanish-speaking Texans from equal participation in the electoral process and can lead to depressed voter turnout in predominantly Latino voter communities.
The letter calls for the Secretary of State to, among other things, translate and distribute all VDR training materials into Spanish, ensure that all Texas counties create reasonable ways for potential VDRs to complete the required training in any minority language covered in that county by the VRA, and require full compliance with any minority language requirements stipulated by the VRA in all Texas counties.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85582&title=%26%238220%3BTexas%20fails%20to%20comply%20with%20language%20access%20provisions%20of%20the%20Voting%20Rights%20Act%26%238221%3B&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, Voting Rights Act<http://electionlawblog.org/?cat=15>
Vote Totals Wrong in Primary Because Someone Forgot to Clear Hard Drive<http://electionlawblog.org/?p=85580>
Posted on August 19, 2016 2:37 pm<http://electionlawblog.org/?p=85580> by Rick Hasen<http://electionlawblog.org/?author=3>
It’s the incompetence<http://www.empowertexans.com/around-texas/report-on-hill-county-election-irregularities-released/>, not the malice people:
Election Systems & Software (ES&S) has released a report on its findings<http://4580-presscdn-0-3.pagely.netdna-cdn.com/wp-content/uploads/2016/08/ESS-Report.pdf> related to errors in the Hill County Republican Primary. The report comes amidst an ongoing investigation by Attorney General Ken Paxton<http://www.empowertexans.com/around-texas/texas-sos-ag-launch-criminal-investigation-into-illegal-voting/> into irregularities with the vote totals reported in the election.
Last month, Direct Action Texas discovered<http://www.empowertexans.com/around-texas/nearly-1800-more-votes-than-voters/> that the number of reported votes in the Hill County Republican Primary exceeded by more than 1700 the number of voters the county reported had shown up at the polls.
ES&S, which supplies electronic voting machines and other election services to Hill County, was asked by the county to investigate the error. ES&S found that early voting ballot cast totals were incorrect by the same amount as the number of absentee ballots cast, and Election Day ballot cast totals were incorrect by the same number of paper ballots that were voted during early voting.
These errors occurred because a hard drive had not been properly cleared of all ballots before early voting and Election Day ballots were scanned into the machine and tabulated. This caused absentee numbers to be incorrectly added into early voting, and early voting numbers to be incorrectly added into election day totals. In other words, absentee ballots and some early voting ballots were double or triple counted.
Hill County Election Administrator Patsy Damschen has resigned in light of the revelations.
It is important that investigations in Hill County continue. Although it now appears clear how the error occurred, it is imperative that law enforcement fully investigates whether the error was intentional or was due to a systematic breakdown in protocol.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85580&title=Vote%20Totals%20Wrong%20in%20Primary%20Because%20Someone%20Forgot%20to%20Clear%20Hard%20Drive&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, voting technology<http://electionlawblog.org/?cat=40>
“Voting Should Be Easier—But Not Like This”<http://electionlawblog.org/?p=85578>
Posted on August 19, 2016 2:02 pm<http://electionlawblog.org/?p=85578> by Rick Hasen<http://electionlawblog.org/?author=3>
Mother Jones reports.<http://www.motherjones.com/politics/2016/08/new-report-blasts-practice-voting-online>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85578&title=%26%238220%3BVoting%20Should%20Be%20Easier%E2%80%94But%20Not%20Like%20This%26%238221%3B&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Trump Hammers Claim of Fraud in New Ad as Early Voting Nears”<http://electionlawblog.org/?p=85576>
Posted on August 19, 2016 12:28 pm<http://electionlawblog.org/?p=85576> by Rick Hasen<http://electionlawblog.org/?author=3>
Hope Yen reports <https://www.apnews.com/df60266d7a6f4e899cd9e27e9c55c7db/Trump-hammers-claim-of-fraud-in-new-ad-as-early-voting-nears> for AP.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85576&title=%26%238220%3BTrump%20Hammers%20Claim%20of%20Fraud%20in%20New%20Ad%20as%20Early%20Voting%20Nears%26%238221%3B&description=>
Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>
“GOP once posted uniformed guards at polls in Latino parts of Santa Ana. Is Trump’s call for poll watchers an echo of that time?”<http://electionlawblog.org/?p=85574>
Posted on August 19, 2016 11:55 am<http://electionlawblog.org/?p=85574> by Rick Hasen<http://electionlawblog.org/?author=3>
Must-read<http://www.latimes.com/politics/la-na-pol-orange-county-voting-guards-20160816-snap-story.html> Kurtis Lee LAT.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85574&title=%26%238220%3BGOP%20once%20posted%20uniformed%20guards%20at%20polls%20in%20Latino%20parts%20of%20Santa%20Ana.%20Is%20Trump%26%238217%3Bs%20call%20for%20poll%20watchers%20an%20echo%20of%20that%20time>
Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>
Trump Hyperventilating, Dissembling About Rigged Elections Seems to Be Working<http://electionlawblog.org/?p=85570>
Posted on August 19, 2016 11:49 am<http://electionlawblog.org/?p=85570> by Rick Hasen<http://electionlawblog.org/?author=3>
New Pew:<http://www.pewresearch.org/fact-tank/2016/08/19/trump-supporters-far-less-confident-than-clinton-backers-that-votes-will-be-counted-accurately/>
Just 11% of Trump backers are very confident in accurate vote count in U.S.
[rump-pew]<http://electionlawblog.org/wp-content/uploads/trump-pew.png>
One question is whether this actually defeats turnout. After all, if it is all rigged, <http://www.latimes.com/opinion/op-ed/la-oe-hasen-vote-rigging-20160816-snap-story.html> why bother voting?
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85570&title=Trump%20Hyperventilating%2C%20Dissembling%20About%20Rigged%20Elections%20Seems%20to%20Be%20Working&description=>
Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>
Attn Journalists: Must-Attend APSA Panel: “Did the Party Decide?”<http://electionlawblog.org/?p=85567>
Posted on August 19, 2016 9:01 am<http://electionlawblog.org/?p=85567> by Rick Hasen<http://electionlawblog.org/?author=3>
Breaking News: Did the Party Decide?, Chair: John M. Sides, George Washington University
Martin Cohen, James Madison University
Marjorie R. Hershey
David Karol, University of Maryland
Jennifer N. Victor, George Mason University
Christina Wolbrecht, University of Notre Dame
John R. Zaller, University of California, LA
Added: Nate Silver, Founder/Editor in Chief of FiveThirtyEight
Thursday, September 1, 4:00 p.m
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85567&title=Attn%20Journalists%3A%20Must-Attend%20APSA%20Panel%3A%20%26%238220%3BDid%20the%20Party%20Decide%3F%26%238221%3B&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Early voting days, times vary in Central Florida”<http://electionlawblog.org/?p=85565>
Posted on August 19, 2016 8:58 am<http://electionlawblog.org/?p=85565> by Rick Hasen<http://electionlawblog.org/?author=3>
The Orlando Sentinel reports.<http://www.orlandosentinel.com/news/politics/os-early-voting-central-florida-20160818-story.html>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85565&title=%26%238220%3BEarly%20voting%20days%2C%20times%20vary%20in%20Central%20Florida%26%238221%3B&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>
New Trump TV Commercial Suggests Hillary Clinton Rigging Elections<http://electionlawblog.org/?p=85560>
Posted on August 19, 2016 8:24 am<http://electionlawblog.org/?p=85560> by Rick Hasen<http://electionlawblog.org/?author=3>
The new commercial<https://www.youtube.com/watch?v=3mKzYPt0Bu4#action=share> begins with the words: “In Hillary Clinton’s America, the system stays rigged against Americans.” This part of the commercial features two pictures, the first a polling place with the words “vote here” and the second with a picture of people waiting on line, apparently a long voting line. Here are two screenshots:
[creen Shot 2016-08-19 at 8.20.12 AM]<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2016-08-19-at-8.20.12-AM.png>[creen Shot 2016-08-19 at 8.20.24 AM]<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2016-08-19-at-8.20.24-AM.png>
There is enough innuendo here that it is not clear precisely what he is saying, but it is enough of a dog whistle to those who believe that Democrats are stealing elections.
But as I explain in this LA Times oped,<http://www.latimes.com/opinion/op-ed/la-oe-hasen-vote-rigging-20160816-snap-story.html> Trump has offered no evidence of vote rigging the way he’s claimed<http://electionlawblog.org/?p=85282>, and under a fair definition of vote rigging, it is Trump, with his plans to send people in the polls on election day, who presents<https://electionlawblog.org/?p=85289> the greatest danger of rigging<https://www.washingtonpost.com/news/the-fix/wp/2016/08/13/how-donald-trumps-bizarre-voter-watch-effort-could-get-the-gop-in-trouble/>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85560&title=New%20Trump%20TV%20Commercial%20Suggests%20Hillary%20Clinton%20Rigging%20Elections&description=>
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>
“North Carolina GOP Out to Limit Crucial Early Voting Period”<http://electionlawblog.org/?p=85558>
Posted on August 19, 2016 8:14 am<http://electionlawblog.org/?p=85558> by Rick Hasen<http://electionlawblog.org/?author=3>
Zack Roth <http://www.nbcnews.com/politics/politics-news/north-carolina-gop-out-limit-crucial-early-voting-period-n633571> for NBC News.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85558&title=%26%238220%3BNorth%20Carolina%20GOP%20Out%20to%20Limit%20Crucial%20Early%20Voting%20Period%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>, Voting Rights Act<http://electionlawblog.org/?cat=15>
“Supreme Court is About to Get a Good Look at How North Carolina Messes with Its Voting Rules”<http://electionlawblog.org/?p=85556>
Posted on August 19, 2016 8:06 am<http://electionlawblog.org/?p=85556> by Rick Hasen<http://electionlawblog.org/?author=3>
Cristian Farias<http://www.huffingtonpost.com/entry/supreme-court-north-carolina-voting-rules_us_57b5e8dee4b0fd5a2f41cbd8?section=politics> for HuffPo.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85556&title=%26%238220%3BSupreme%20Court%20is%20About%20to%20Get%20a%20Good%20Look%20at%20How%20North%20Carolina%20Messes%20with%20Its%20Voting%20Rules%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>
“Smoking Gun Memo Could Bolster Voting Rights Case Against North Carolina”<http://electionlawblog.org/?p=85554>
Posted on August 19, 2016 8:02 am<http://electionlawblog.org/?p=85554> by Rick Hasen<http://electionlawblog.org/?author=3>
Must-read Tierney Sneed<http://talkingpointsmemo.com/dc/north-carolina-gop-scotus-voting-rights> for TPM:
North Carolina’s Republican Party has had an interesting response to a recent appeals court ruling that said a number of voting restrictions passed by the state’s GOP legislature were enacted with the intent to discriminate against minorities, specifically African Americans. In their scramble after the ruling, party operatives and local Republican officials have perhaps inadvertently provided more evidence that the restrictions were passed with the intent to discriminate.
The most egregious example was a memo sent by North Carolina Republican Party executive director Dallas Woodhouse to county election officials urging them to continue to push for reductions in voting access, in which he explicitly spelled out a partisan motivation.
The memo came as the state is asking the Supreme Court to reverse the appeal court ruling, and restore for November’s election some of the restrictions the appeals court struck down. And it may provide additional fodder for the voting rights advocates fighting the state’s restrictions.
“It was stunning and stupid,” Daniel Tokaji, an elections law professor at Ohio State University. “Stunning that somebody would be so brazen about his and the party’s objective, and stupid in the sense it really seems to me to undercut their arguments to get the Supreme Court review that the lawyers had made.”…
“Many of the jurisdictions feel that they are on the receiving end of a liberal decision that will help Democrats in elections. They are going to do whatever they can to re-enact the laws within the bounds that the court has allowed,” said Nate Persily, an election law professor at Stanford University. “Their resistance is expected, given that they are afraid that the court’s decision will accelerate a Democratic tide in the presidential election.”
But their efforts, coupled with Woodhouse’s memo, may inadvertently make it easier for the the restrictions’ legal opponents to prove their point to the Supreme Court.
“In the Supreme Court, there’s usually no introduction of material not in the record of the court below. The Supreme Court generally cannot engage in fact finding,” Rick Hasen, a professor at UC-Irvine School of Law who runs the Election Law blog, said in an email to TPM. “Nonetheless, it would not surprise me for some of the plaintiffs to cite news reports on this to make the claim that this is further evidence of discriminatory intent and that the Fourth Circuit got it right. And the Justices (or their clerks) are no doubt aware of this in any case.”
According to Persily, North Carolina’s monkeying with county protocols could invite not just a stay denial, but also a written explanation that backs up the 4th Circuit’s findings.
“The critical question is whether the court, whether five members of the court, think it’s important to send a signal to the lower courts and to the jurisdictions on the run up in this election,” Persily said.
Tierney’s piece also links to this new statement from Woodhouse defending his earlier email.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85554&title=%26%238220%3BSmoking%20Gun%20Memo%20Could%20Bolster%20Voting%20Rights%20Case%20Against%20North%20Carolina%26%238221%3B&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
APSA Short Course on State Constitutional Conventions<http://electionlawblog.org/?p=85552>
Posted on August 19, 2016 7:59 am<http://electionlawblog.org/?p=85552> by Rick Hasen<http://electionlawblog.org/?author=3>
This looks interesting. Jim Snider writes about a short course he’s organized, “A Political Primer on the Periodic State Constitutional Convention Referendum,” which will take place from 2 pm to 6 pm on Wednesday, August 31, in Room 202B at the Philadelphia Convention Center. The APSA’s description of it is here<http://www.politicalsciencenow.com/short-course-a-political-primer-on-the-periodic-state-constitutional-convention-referendum/>.
Jim writes: “Three of the eight presenters, Sandy Levinson, John Dinan, and Richard Briffault, are law professors (albeit in Dinan’s case with more of a focus on politics than law). Levinson will make opening comments arguing that the upcoming New York Constitutional Convention Referendum in New York could be the most important election of 2017. Dinan will present a brief overview of America’s state constitutional convention tradition. And Briffault, as Vice Chair of Citizens Union, will speak about why that organization is leading the campaign for a yes vote on that referendum. (In contrast, I’m expecting Craig Holman from Public Citizen to take a more critical view.)”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85552&title=APSA%20Short%20Course%20on%20State%20Constitutional%20Conventions&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“FEC opening door to Internet regulation – again?”<http://electionlawblog.org/?p=85550>
Posted on August 18, 2016 9:30 pm<http://electionlawblog.org/?p=85550> by Rick Hasen<http://electionlawblog.org/?author=3>
FOX News<http://www.foxnews.com/politics/2016/08/19/fec-opening-door-to-internet-regulation-again.html>:
Democrats on the nation’s top campaign finance regulator may be opening the door once again to regulating political content on the Internet, Republicans warn – despite claims to the contrary a year ago.
Federal Election Commissioner Lee Goodman told FoxNews.com that two recent decisions in particular have exposed “a deep-seated desire to regulate all forms of political speech on the Internet.”
The most recent case was considered by the FEC in June, though details were only released this month.
The case involved the Foundation for a Secure and Prosperous America (FSPA) – a conservative nonprofit that ran ads on YouTube criticizing Sen. Rand Paul’s, R-Ky., position on the Iran nuclear deal. A complaint claimed the group violated the Federal Election Campaign Act of 1971 by not filing reports disclosing its spending on videos posted primarily to YouTube.
The FEC Office of the General Counsel concluded the case should be dismissed, as the ads didn’t contain express advocacy (such as “vote for candidate X”). The counsel also noted the YouTube videos are exempt from disclosure under a pivotal 2006 FEC<http://www.fec.gov/pages/brochures/internetcomm.shtml>rule known as the Internet exemption, which says “an uncompensated individual or group … may engage in Internet activities for the purpose of influencing a federal election without restriction.”
All FEC commissioners agreed the case should be dismissed based on the express advocacy point. But, in a significant disagreement, the commission split 3-3 along partisan lines on the question of whether YouTube videos indeed are exempt under the 2006 Internet rule.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D85550&title=%26%238220%3BFEC%20opening%20door%20to%20Internet%20regulation%20%E2%80%93%20again%3F%26%238221%3B&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>
--
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/>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160821/e5f0969a/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 1504 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160821/e5f0969a/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 257465 bytes
Desc: image002.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160821/e5f0969a/attachment-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 55634 bytes
Desc: image003.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160821/e5f0969a/attachment-0002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 76675 bytes
Desc: image004.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160821/e5f0969a/attachment-0003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 93731 bytes
Desc: image005.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160821/e5f0969a/attachment-0004.png>
View list directory