[EL] ELB News and Commentary 8/23/16

[Rick Hasen]

“Federal Appeals Court Allows Early Voting”<http://electionlawblog.org/?p=85725>
Posted on August 23, 2016 6:42 am<http://electionlawblog.org/?p=85725> by Rick Hasen<http://electionlawblog.org/?author=3>

Wisconsin Public Radio<http://www.wpr.org/federal-appeals-court-allows-early-voting>:

Several Republican-authored laws restricting early voting in Wisconsin remain struck down after a federal appeals court declined a request to reinstate them Monday.

The brief order by the 7th Circuit Court of Appeals in Chicago increases the likelihood that Madison, Milwaukee and other communities will be allowed to start in-person absentee voting sooner rather than later. Madison’s City Clerk has said she plans<http://www.wpr.org/madison-begin-person-absentee-voting-next-month> to offer in-person absentee voting starting Monday, Sept. 26, which would be earlier than ever before<http://www.wpr.org/wisconsin-voters-could-see-earliest-ever-early-voting-fall>.

Milwaukee Journal-Sentinel:<http://www.jsonline.com/story/news/politics/elections/2016/08/22/appeals-court-allows-early-voting/89118088/> “The attorney general is reviewing Monday’s decision, said Johnny Koremenos, a spokesman for Schimel.”  That shouldn’t take too long as it is one sentence long.<http://electionlawblog.org/?p=85673>


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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“The Truth Behind Trump’s Rigged-Election Paranoia”<http://electionlawblog.org/?p=85723>
Posted on August 23, 2016 6:36 am<http://electionlawblog.org/?p=85723> by Rick Hasen<http://electionlawblog.org/?author=3>

The great Todd Purdum <http://www.vanityfair.com/news/2016/08/the-truth-behind-trumps-rigged-election-paranoia> in Vanity Fair.
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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>
“On Voting, North Carolina Case Is Test for Justices”<http://electionlawblog.org/?p=85721>
Posted on August 23, 2016 6:31 am<http://electionlawblog.org/?p=85721> by Rick Hasen<http://electionlawblog.org/?author=3>

Jost on Justice<http://jostonjustice.blogspot.com/2016/08/on-voting-north-carolina-case-is-test.html>:

For Roberts, the case tests his prevailing view in the decision in Shelby County v. Holder to eliminate the Voting Rights Act’s preclearance decision on the ground that things have changed in the South since the law was enacted in 1965. The recent spate of voter ID laws and other vote suppression laws provides an ironic confirmation of sorts: disenfranchising minority voters is now practiced not just in the South but in other states, such as the once-progressive Wisconsin. Still, Texas and North Carolina carried vote suppression further than any of the states to the north.
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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>
“U.S. Court’s Ruling in Wisconsin Seen as Victory for Voting Rights”<http://electionlawblog.org/?p=85719>
Posted on August 23, 2016 6:28 am<http://electionlawblog.org/?p=85719> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT reports.<http://www.nytimes.com/2016/08/23/us/wisconsin-court-voting-restrictions.html?ribbon-ad-idx=5&rref=us>
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Voter fraud: What to do if you see it; what to do if you’re accused of it”<http://electionlawblog.org/?p=85717>
Posted on August 23, 2016 6:26 am<http://electionlawblog.org/?p=85717> by Rick Hasen<http://electionlawblog.org/?author=3>

Penn Live.<http://www.pennlive.com/news/2016/08/trump_asks_fans_to_watch_for_v.html>
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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>
“GOP convinces its base about illusory ‘voter fraud’ scourge”<http://electionlawblog.org/?p=85715>
Posted on August 23, 2016 6:24 am<http://electionlawblog.org/?p=85715> by Rick Hasen<http://electionlawblog.org/?author=3>

Steve Benen <http://www.msnbc.com/rachel-maddow-show/gop-convinces-its-base-about-illusory-voter-fraud-scourge> for MSNBC.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Phony War on Voter Fraud Looks Even Phonier”<http://electionlawblog.org/?p=85713>
Posted on August 23, 2016 6:21 am<http://electionlawblog.org/?p=85713> by Rick Hasen<http://electionlawblog.org/?author=3>

Jonathan Bernstein<https://www.bloomberg.com/view/articles/2016-08-23/phony-war-on-voter-fraud-looks-even-phonier> for Bloomberg View.
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Posted in election administration<http://electionlawblog.org/?cat=18>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>
“12-year-old running Trump campaign office in Colorado”<http://electionlawblog.org/?p=85711>
Posted on August 23, 2016 6:19 am<http://electionlawblog.org/?p=85711> by Rick Hasen<http://electionlawblog.org/?author=3>

Literally.<http://www.kmov.com/story/32807204/12-year-old-running-trump-campaign-office-in-colorado>
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Posted in campaigns<http://electionlawblog.org/?cat=59>
“Inside the Conservative Push for States to Amend the Constitution”<http://electionlawblog.org/?p=85709>
Posted on August 23, 2016 6:17 am<http://electionlawblog.org/?p=85709> by Rick Hasen<http://electionlawblog.org/?author=3>

Michael Wines<http://www.nytimes.com/2016/08/23/us/inside-the-conservative-push-for-states-to-amend-the-constitution.html?_r=0> at the NYT with an important, underreported story.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>
“Fellow Republicans still waiting for Trump’s promised cash”<http://electionlawblog.org/?p=85707>
Posted on August 23, 2016 6:14 am<http://electionlawblog.org/?p=85707> by Rick Hasen<http://electionlawblog.org/?author=3>

AP:<https://apnews.com/12dff01492354c46a7ef5bbc77d1591e/Fellow-Republicans-still-waiting-for-Trump's-promised-cash>

Donald Trump portrays himself as an indispensable cash resource for fellow Republicans up and down the ballot.

But while Trump is pulling in donor checks, an Associated Press review of campaign finance filings shows most of his fellow Republicans are still waiting for their cut. And the 2016 presidential nominee has a lot of work to do to if he wants to match the amount of financial aid Mitt Romney gave to his party four years ago.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
Chutzpah Dept<http://electionlawblog.org/?p=85703>
Posted on August 23, 2016 6:12 am<http://electionlawblog.org/?p=85703> by Rick Hasen<http://electionlawblog.org/?author=3>

Error! Hyperlink reference not valid.<http://follow%20the%20money%20trail:%20the%20dnc%20may%20have%20sold%20access%20to%20elected%20officials%20read%20more:%20http/dailycaller.com/2016/08/22/follow-the-money-trail-the-dnc-may-have-sold-access-to-elected-officials/#ixzz4IA1f3CNA> complaining that Democrats may have sold access to big donors.

He had to realize his litigation<http://www.scotusblog.com/case-files/cases/mccutcheon-v-federal-election-commission/> would only make that easier.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
“Donald Trump Jacked Up His Campaign’s Trump Tower Rent Once Somebody Else Was Paying It”<http://electionlawblog.org/?p=85699>
Posted on August 22, 2016 7:58 pm<http://electionlawblog.org/?p=85699> by Rick Hasen<http://electionlawblog.org/?author=3>

S.V. Date for HuffPo.<http://www.huffingtonpost.com/entry/trump-campaign-rent_us_57bba424e4b03d51368a82b9?o9ix30du10s5rk9>

Nearly quintupled.
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Posted in campaigns<http://electionlawblog.org/?cat=59>
“Emails reveal how foundation donors got access to Clinton and her close aides at State Dept.”<http://electionlawblog.org/?p=85696>
Posted on August 22, 2016 7:49 pm<http://electionlawblog.org/?p=85696> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/politics/emails-reveal-how-foundation-donors-got-access-to-clinton-and-her-close-aides-at-state-dept/2016/08/22/345b5200-6882-11e6-8225-fbb8a6fc65bc_story.html>:

The crown prince of Bahrain, whose government gave more than $50,000 to the Clintons’ charity and who participated in its glitzy annual conference, wanted a last-minute meeting with Secretary of State Hillary Clinton.

U2 rocker and philanthropist Bono, also a regular at foundation events, wanted high-level help broadcasting a live link to the International Space Station during concerts.

In each case, according to emails released Monday from Hillary Clinton’s time as secretary of state, the requests were directed to Clinton’s deputy chief of staff and confidante, Huma Abedin, who engaged with other top aides and sometimes Clinton herself about how to respond.
 The emails show that, in these and similar cases, the donors did not always get what they wanted, particularly when they sought anything more than a meeting.

But the exchanges, among 725 pages of correspondence from Abedin disclosed as part of a lawsuit by the conservative group Judicial Watch, illustrate the way the Clintons’ international network of friends and donors was able to get access to Hillary Clinton and her inner circle during her tenure running the State Department.

Justice Kennedy in Citizens United told us that influence and access is not corruption. Even if it is not, it raises serious equality issue<https://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300223544/ref=tmm_pap_swatch_0?_encoding=UTF8&qid=&sr=>s.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
“Williams-Yulee and the Anomaly of Campaign Finance Law”<http://electionlawblog.org/?p=85694>
Posted on August 22, 2016 7:42 pm<http://electionlawblog.org/?p=85694> by Rick Hasen<http://electionlawblog.org/?author=3>

Noah Lindell has posted this student comment<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2827932> on SSRN (forthcoming, Yale Law Journal).  Here is the abstract:
The Supreme Court’s decision in Williams-Yulee v. The Florida Bar watered down First Amendment strict scrutiny analysis for judicial elections. The Court’s trend toward ever-greater scrutiny of campaign finance laws came into conflict with a compelling need to regulate. This Comment argues that the Court should have avoided this outcome by folding campaign finance laws into the Burdick sliding-scale test used for other election regulations. The Burdick test requires courts to conduct a more tailored analysis of the actual harm caused by the law at issue, before determining the level of scrutiny to be applied. Laws like the judicial ethics canon at issue in Williams-Yulee, which do not create severe burdens on individuals’ rights, can therefore be upheld without applying––and thereby weakening––strict scrutiny analysis. But because the Burdick test is based on the need for state regulation of elections, it is only appropriate if one believes that campaign finance is part of the regulable election apparatus in the first place.


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Posted in campaign finance<http://electionlawblog.org/?cat=10>, Supreme Court<http://electionlawblog.org/?cat=29>
Sad News: Bryon McKim<http://electionlawblog.org/?p=85691>
Posted on August 22, 2016 7:38 pm<http://electionlawblog.org/?p=85691> by Rick Hasen<http://electionlawblog.org/?author=3>

Election lawyer Bryron McKim has passed away<http://www.newcomeralbany.com/Obituary/124263/Bryon-C-McKim/Albany-New%20York>.

Joe Burns: “Bryon was one of the great up and coming NY Republican election lawyers. Brilliant, talented and energetic. It’s a great loss to all of us in the field in NYS.”

Condolences to Bryon’s family and friends.
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Posted in election law biz<http://electionlawblog.org/?cat=51>
Trump Again Threatens Voter Intimidation Methods<http://electionlawblog.org/?p=85688>
Posted on August 22, 2016 4:44 pm<http://electionlawblog.org/?p=85688> by Rick Hasen<http://electionlawblog.org/?author=3>

At an Ohio rally:<https://twitter.com/SopanDeb/status/767865634944380930>

[otta]<http://electionlawblog.org/wp-content/uploads/gotta.jpg>

When Trump says” You know what I’m talking about?,” this is code for look out for black and brown people cheating.

Legal action <http://www.latimes.com/opinion/op-ed/la-oe-hasen-vote-rigging-20160816-snap-story.html> should be taken to insure that the Trump campaign does not organize any efforts at voter intimidation. And even if this is just puffing, there’s the real danger that Trump supporters go rogue.<http://electionlawblog.org/?p=85598>

Election protection efforts will be more important than they have been in decades, especially with the loss of federal observers<http://democracyjournal.org/arguments/discrimination-will-continue-but-who-will-notice/> after the Supreme Court’s decision in Shelby County.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Virginia Restores Right to Vote to Thousands of Ex-Felons”<http://electionlawblog.org/?p=85686>
Posted on August 22, 2016 4:02 pm<http://electionlawblog.org/?p=85686> by Rick Hasen<http://electionlawblog.org/?author=3>

Zack Roth for NBC News.<http://www.nbcnews.com/politics/elections/virginia-restores-right-vote-thousands-ex-felons-n635956>
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Posted in felon voting<http://electionlawblog.org/?cat=66>
“Election Law and Election Technology: What’s New; What’s Next”<http://electionlawblog.org/?p=85684>
Posted on August 22, 2016 3:07 pm<http://electionlawblog.org/?p=85684> by Rick Hasen<http://electionlawblog.org/?author=3>

Interesting even<https://www.eventbrite.com/e/election-law-and-election-technology-whats-new-whats-next-registration-26911652477>t Sept. 28 in NYC.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“On 2nd try, Miami-Dade commissioners approve petition count”<http://electionlawblog.org/?p=85682>
Posted on August 22, 2016 3:01 pm<http://electionlawblog.org/?p=85682> by Rick Hasen<http://electionlawblog.org/?author=3>

Miami Herald:<http://www.miamiherald.com/news/local/community/miami-dade/article97226887.html>

Miami-Dade commissioners agreed Monday to start counting nearly 130,000 signatures tied to a proposed ballot item <http://www.miamidade.gov/govaction/legistarfiles/Matters/Y2016/161063.pdf> on new campaign-finance rules, but warned they still might kill the proposal over stern concerns raised by county lawyers.

The 9 to 0 vote came during the second emergency meeting this month called to consider the ballot measure backed by unions, local Democrats and others. The proposed rules would impose a broad package of restrictions against campaign and committee donations by county vendors and lobbyists — prime sources of financial support for county officeholders.

“I’m prepared to vote yes, but with a very, very large ‘but,’ ” said Commissioner Sally Heyman, a lawyer who cited what she said were legal shortcomings in the proposed item….

Monday’s session also opened a new line of attack against the proposal, with county lawyers warning the submitted ballot language contains significant legal flaws, including the presumption that the current finance system conveys “an appearance of ethical impropriety” in county government.

“This question is misleading,” said Oren Rosenthal, an assistant county attorney who specializes in election law. “The ballot is no place for political rhetoric and subjective evaluations. The ballot question potentially runs afoul of this restriction.”
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, direct democracy<http://electionlawblog.org/?cat=62>
“Ballot selfies are illegal, but this Bay Area legislator says they shouldn’t be”<http://electionlawblog.org/?p=85680>
Posted on August 22, 2016 2:58 pm<http://electionlawblog.org/?p=85680> by Rick Hasen<http://electionlawblog.org/?author=3>

LA Times<http://www.latimes.com/politics/la-pol-sac-ballot-selfies-voter-turnout-bill-20160111-story.html>:

A new bill sponsored by Assemblyman Marc Levine (D-San Rafael) would legalize so-called “ballot selfies” and allow citizens to share photos of themselves voting on social media.

“People are taking pictures of their dogs, they’re taking pictures of their dinner, so let’s take pictures of voting,” Levine said in an interview. “It’s time to make voting cool and ubiquitous, and ballot selfies are a powerful way to do that.”
Awful, stupid idea. <http://blogs.reuters.com/great-debate/2015/08/17/why-the-selfie-is-a-threat-to-democracy/>
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Posted in voting<http://electionlawblog.org/?cat=31>


--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
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http://electionlawblog.org<http://electionlawblog.org/>
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