[EL] ELB News and Commentary 12/1/16

[Daniel Tokaji]

“There Have Been Just 4 Documented Cases of Voter Fraud in the 2016
Election” <http://electionlawblog.org/?p=89623>
Posted on December 1, 2016 8:45 am
<http://electionlawblog.org/?p=89623> by *Dan
Tokaji* <http://electionlawblog.org/?author=5>

The Fix
<https://www.washingtonpost.com/news/the-fix/wp/2016/12/01/0-000002-percent-of-all-the-ballots-cast-in-the-2016-election-were-fraudulent/?utm_term=.7e579d831df8>
.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
Strict Voter ID May Be Coming To Michigan
<http://electionlawblog.org/?p=89621>
Posted on December 1, 2016 8:20 am
<http://electionlawblog.org/?p=89621> by *Dan
Tokaji* <http://electionlawblog.org/?author=5>

MLive
<http://www.mlive.com/news/index.ssf/2016/11/lame_duck_bills_would_change_m.html>:
“Most Michigan voters would have to present an ID card for their votes to
count under legislation that popped up suddenly during Michigan’s lame-duck
session…. Under the bills a voter without ID would fill out a provisional
ballot. That ballot would only be counted if the voter returned to their
clerk’s office within 10 days to show either a photo ID or present evidence
they are either indigent and can’t afford an ID or have a religious
objection to having their photo taken.
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Posted in voter id <http://electionlawblog.org/?cat=9>
House Dems Claim Trump’s DC Hotel Creates a Conflict of Interest
<http://electionlawblog.org/?p=89619>
Posted on December 1, 2016 8:12 am
<http://electionlawblog.org/?p=89619> by *Dan
Tokaji* <http://electionlawblog.org/?author=5>

Coverage from Fortune
<http://fortune.com/2016/12/01/donald-trumps-giant-conflict-of-interest-with-his-new-hotel/>
, The Hill
<http://thehill.com/homenews/house/308193-house-dems-trumps-dc-hotel-clear-conflict-of-interest>
, Politico
<http://www.politico.com/story/2016/11/democrats-trump-post-office-232030>,
and WaPo
<https://www.washingtonpost.com/news/digger/wp/2016/12/01/house-democrats-press-obama-administration-over-conflicts-at-trumps-d-c-hotel/?utm_term=.8b144f5b5dff>
.
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Posted in conflict of interest laws <http://electionlawblog.org/?cat=20>
“What do Trump’s latest Cabinet nominees have in common? They all represent
big money that backed him.” <http://electionlawblog.org/?p=89617>
Posted on December 1, 2016 8:02 am
<http://electionlawblog.org/?p=89617> by *Dan
Tokaji* <http://electionlawblog.org/?author=5>

Matea Gold
<https://www.washingtonpost.com/news/post-politics/wp/2016/11/30/what-do-trumps-latest-cabinet-nominees-have-in-common-theyre-all-major-donors-to-his-campaign/?utm_term=.75d403797f4b>
in
WaPo.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Gerken on Wisconsin Gerrymandering Case
<http://electionlawblog.org/?p=89615>
Posted on December 1, 2016 7:58 am
<http://electionlawblog.org/?p=89615> by *Dan
Tokaji* <http://electionlawblog.org/?author=5>

At Vox
<http://www.vox.com/the-big-idea/2016/12/1/13800348/wisconsin-gerrymander-supreme-court-parties>
:

*Democrats have reason to be frustrated these days. They won the
presidential popular vote
<http://www.npr.org/2016/11/25/503374202/clintons-popular-vote-lead-is-now-over-2-million-but-dont-expect-big-changes>
and the Senate popular vote
<http://www.usatoday.com/story/news/politics/onpolitics/2016/11/10/democrats-won-popular-vote-senate-too/93598998/>,
and they were just shy of winning the House popular vote
<https://docs.google.com/spreadsheets/d/1oArjXSYeg40u4qQ>. And yet they are
entirely shut out of power in Washington. The Electoral College and Senate
are here to stay, needless to say, but Democrats do have an unexpected
chance to make substantial gains in the House and in state legislatures
post-2020 if they can convince the Supreme Court to go along. It’s a long
shot, to be sure, but it’s got a better chance of succeeding than some of
their other options: Jill Stein’s recount efforts
<http://electionlawblog.org/?p=89510> or a time machine.*
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Posted in redistricting <http://electionlawblog.org/?cat=6>
FSU Law of Democracy Symposium Now in Print
<http://electionlawblog.org/?p=89613>
Posted on December 1, 2016 5:33 am
<http://electionlawblog.org/?p=89613> by *Dan
Tokaji* <http://electionlawblog.org/?author=5>

Available here <http://www.law.fsu.edu/lawreview/current-issue> and
featuring:

The Law of Democracy At a Crossroads: Reflecting on Fifty Years of Voting
Rights and the Judicial Regulation of the Political Thicket, by Franita
Tolson

A “Checklist Manifesto” for Election Day: How to Prevent Mistakes at the
Polls, by Joshua A. Douglas

The Coordination Fallacy, by Michael D. Gilbert & Brian Barnes

Reining in the Purcell Principle, by Richard L. Hasen

Race, Shelby County, and the Voter Information Verification Act in North
Carolina, by Michael C. Herron & Daniel A. Smith

The Nineteenth Amendment Enforcement Poser (But First, Which One Is the
Nineteenth Amendment, Again?), by Steve Kolbert

Quick and Dirty: The New Misreading of the Voting Rights Act, by Justin
Levitt

Residency and Democracy: Durational Residency Requirements from the Framers
to the Present, by Eugene D. Mazo

Contingent Constitutionality, Legislative Facts, and Campaign Finance Law,
by Michael T. Morley

Legislative Delegations and the Elections Clause, by Derek T. Muller

Rescuing Retrogression, by Michael J. Pitts

Voting Is Association, by Daniel P. Tokaji

Kudos to Franita and the FSU Law Review editors for putting this great
issue together.
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Posted in election law biz <http://electionlawblog.org/?cat=51>
“Statewide Election Recounts, 2000-2015”
<http://electionlawblog.org/?p=89611>
Posted on December 1, 2016 5:29 am
<http://electionlawblog.org/?p=89611> by *Dan
Tokaji* <http://electionlawblog.org/?author=5>

>From FairVote, <http://www.fairvote.org/recounts> on 27 statewide recounts
during this period.
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Posted in recounts <http://electionlawblog.org/?cat=50>
“Congressional Research Service Issues Revised Guidance on the Foreign
Emoluments Clause” <http://electionlawblog.org/?p=89608>
Posted on December 1, 2016 5:25 am
<http://electionlawblog.org/?p=89608> by *Dan
Tokaji* <http://electionlawblog.org/?author=5>

Seth Tillman blogs
<http://reformclub.blogspot.ie/2016/12/congressional-research-service-issues.html>
.
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Posted in conflict of interest laws
<http://electionlawblog.org/?cat=20>, election
law and constitutional law <http://electionlawblog.org/?cat=55>
Symposium: “The Politics of State Constitutional Reform”
<http://electionlawblog.org/?p=89605>
Posted on November 30, 2016 1:52 pm <http://electionlawblog.org/?p=89605> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

>From APSA’s Law and Courts Section
<http://www.newyorkconcon.info/wp-content/uploads/2016/11/LawAndCourtsNewsletter-Fall16-Final.pdf>,
featuring short papers by J.H. Snider, Sandy Levinson, John Dinan, and
Carol Weissert.  Here’s a description:

*When analyzing the consequences of elections for the development of the
U.S. Constitution, scholars concentrate on elections for president and
senate, on account of their role in selecting Supreme Court justices who
are understood to play a key role in bringing about changes in
understandings of federal constitutional provisions. But in the 50 states,
voters have a wider range of opportunities to influence the development of
constitutions and in a more direct fashion….*

*Law and courts scholars who have turned their attention to the state level
have generated a number of studies of judicial elections.
Legislature-referred and citizen-initiated constitutional amendments have
also generated a fair amount of analysis. Yet relatively little attention
has been paid to the periodic revision commission and periodic convention
referendum, institutions that will be on display in a 2017 New York
convention referendum and 2017 Florida revision commission and were
examined in a short course at the 2016 APSA conference organized by J.H.
Snider. Thanks to Law and Courts newsletter editor Todd Collins for
inviting us to share some of the presentations, arguments, and conclusions
from the short course*.

The short course is here
<http://www.politicalsciencenow.com/short-course-a-political-primer-on-the-periodic-state-constitutional-convention-referendum/>
.
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Posted in election law and constitutional law
<http://electionlawblog.org/?cat=55>
Cottrell, Herron & Westwood on Trump’s Fraud Allegations
<http://electionlawblog.org/?p=89602>
Posted on November 30, 2016 10:17 am <http://electionlawblog.org/?p=89602> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

Here’s the abstract to their paper <http://www.dartmouth.edu/~voterfraud/>,
“Evaluating Donald Trump’s Allegations of Voter Fraud in the 2016
Presidential Election”:

*During the 2016 presidential campaign, Donald Trump repeatedly claimed
that the presidential election would be tainted by massive voter fraud.
Despite winning the presidency, Trump has maintained that position through
November. We suspected prior to the election that fraud allegations might
dominate the post-election political landscape, and to this end we
initiated a research project with the objective of evaluating the
relationship between election returns and potential sources of fraud in the
vein of Trump’s claims. Our research focuses on non-citizen populations,
deceased individuals, the timing of results, and voting technology, and we
do not uncover any evidence consistent with Trump’s assertions about
widespread voter fraud. Moreover, we do not observe any striking
abnormalities in two sets of states recently highlighted as potentially
problematic: Michigan, Pennsylvania, and Wisconsin (the subject of ongoing
recount efforts) and California, New Hampshire, and Virginia (three states
cited personally by Trump). Our results do not imply that there was no
fraud at all in the 2016 presidential contest, nor do they imply that this
contest was error-free. They do strongly suggest, however, that the voter
fraud concerns fomented and espoused by the Trump campaign are not grounded
in any observable features of the 2016 presidential election.*
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Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8>
“Voter Fraud Isn’t Real—But Voter Suppression Is a Grave Danger”
<http://electionlawblog.org/?p=89600>
Posted on November 30, 2016 10:14 am <http://electionlawblog.org/?p=89600> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

Liz Kennedy and Danielle Root at CAP
<https://www.americanprogress.org/issues/democracy/news/2016/11/29/293868/voter-fraud-isnt-real-but-voter-suppression-is-a-grave-danger/>
.
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Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8>
“Voting rights advocates brace for ‘biggest fight of our lifetime’ during
Trump administration” <http://electionlawblog.org/?p=89598>
Posted on November 30, 2016 8:45 am <http://electionlawblog.org/?p=89598> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

WaPo
<https://www.washingtonpost.com/politics/voting-rights-advocates-brace-for-the-biggest-fight-of-our-lifetime-against-trump-administration/2016/11/29/88bcaee8-b657-11e6-959c-172c82123976_story.html?tid=sm_tw&utm_term=.7c609b43579b>:
“Voting rights advocates are furious at President-elect Donald Trump’s
baseless claims of widespread voter fraud and concerned that his
administration will more vigorously adopt measures that will make it harder
for some groups of people to vote.”
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Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8>, voter
id <http://electionlawblog.org/?cat=9>
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