[EL] ELB News and Commentary 12/8/16

[Rick Hasen]

On NYU Panel in DC Thursday Morning, Talking Campaign Finance 2016<http://electionlawblog.org/?p=89794>
Posted on December 7, 2016 8:21 pm<http://electionlawblog.org/?p=89794> by Rick Hasen<http://electionlawblog.org/?author=3>
This<http://www.law.nyu.edu/sidley-austin-forum/2016> is going to be a great event.
I will try to tweet some of VP Biden’s comments.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>


“Trump Cites ‘Tremendous Numbers of Complaints’ to Justify Voter Fraud Claim”<http://electionlawblog.org/?p=89792>
Posted on December 7, 2016 8:16 pm<http://electionlawblog.org/?p=89792> by Rick Hasen<http://electionlawblog.org/?author=3>
Law Newz:<http://lawnewz.com/politics/trump-cites-tremendous-numbers-of-complaints-to-justify-voter-fraud-claim/>
The most pressing of these, in light of various recount lawsuits and the various deadlines in play, is regarding his latest allegation of massive voter fraud. Described by Time as “eager to talk about the controversy he stirred,” Trump explained that “I’ve seen many, many complaints. Tremendous numbers of complaints.” If there was any further explanation, it was not quoted or otherwise relayed by Time.
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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>


“Some simple, commonsense, bipartisan campaign finance reforms”<http://electionlawblog.org/?p=89790>
Posted on December 7, 2016 8:10 pm<http://electionlawblog.org/?p=89790> by Rick Hasen<http://electionlawblog.org/?author=3>
Bob Lenhard<http://thehill.com/blogs/congress-blog/politics/309224-some-simple-commonsense-bipartisan-campaign-finance-reforms> in The Hill.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>


“NC GOPers May Use McCrory’s Voter Fraud Outcry To Push Voting Restrictions”<http://electionlawblog.org/?p=89788>
Posted on December 7, 2016 8:08 pm<http://electionlawblog.org/?p=89788> by Rick Hasen<http://electionlawblog.org/?author=3>
TPM reports.<http://talkingpointsmemo.com/news/north-carolina-republicans-voter-fraud-legislation>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


MI: “Stricter Voter Identification Law Passes House”<http://electionlawblog.org/?p=89786>
Posted on December 7, 2016 8:05 pm<http://electionlawblog.org/?p=89786> by Rick Hasen<http://electionlawblog.org/?author=3>
The Detroit Free Press reports.<http://www.freep.com/story/news/politics/2016/12/07/stricter-voter-identification-law-house/95125576/>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Judge’s order suspends Michigan’s recount”<http://electionlawblog.org/?p=89782>
Posted on December 7, 2016 7:56 pm<http://electionlawblog.org/?p=89782> by Rick Hasen<http://electionlawblog.org/?author=3>
Detroit News<http://www.detroitnews.com/story/news/politics/2016/12/07/judge-michigan-recount/95081650/>:
A federal judge Wednesday suspended a recount of the Nov. 8 presidential election that started three days ago and has yet to reveal fraud or significantly alter the results.
The manual statewide recount cost as much as $3 million but stopped after U.S. District Judge Mark Goldsmith lifted a temporary restraining order preventing state officials from stopping a recount prompted by Green Party presidential candidate Jill Stein. A state election board could end the recount at a scheduled Thursday meeting.
Stein failed to show she was an aggrieved candidate as defined by state law and entitled to a recount, the judge said. He concluded Stein’s request to test the election system’s vulnerability to fraud lacked evidence.
From the Court’s order<https://drive.google.com/viewerng/viewer?url=http://download.gannett.edgesuite.net/detnews/2016/pdf/Goldsmith.pdf>, which discusses, among other cases, Bush v. Gore:
The issues that Plaintiffs raise are serious indeed. The vulnerability of our system of voting poses the threat of a potentially devastating attack on the integrity of our election system. But invoking a court’s aid to remedy that problem in the manner Plaintiffs have chosen — seeking a recount as an audit of the election to test whether the vulnerability led to actual compromise of the voting system — has never been endorsed by any court, and would require, at a minimum, evidence of significant fraud or mistake — and not speculative fear of them. Such evidence has not been presented here.
For all these reasons, this Court dissolves the TRO effective immediately.
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Posted in election administration<http://electionlawblog.org/?cat=18>, recounts<http://electionlawblog.org/?cat=50>


“Va. Court of Appeals rules photo ID can’t be required for concealed handgun permit application”<http://electionlawblog.org/?p=89780>
Posted on December 7, 2016 7:43 pm<http://electionlawblog.org/?p=89780> by Rick Hasen<http://electionlawblog.org/?author=3>
You know<http://wtkr.com/2016/12/05/va-court-of-appeals-rules-photo-id-cant-be-required-for-concealed-handgun-permit-application/> the punchline.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


Norm Eisen & Richard Painter in, Brock Out, at Watchdog CREW<http://electionlawblog.org/?p=89778>
Posted on December 7, 2016 11:05 am<http://electionlawblog.org/?p=89778> by Rick Hasen<http://electionlawblog.org/?author=3>
I take this as very good news<http://www.politico.com/story/2016/12/trump-conflict-critics-crew-232293> for the competency and evenhandedness that we had seen from CREW in the pre-Brock era.
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Posted in ethics investigations<http://electionlawblog.org/?cat=42>


Politifact Rates as “False” Claim 300,000 Voters Turned Away in Wisconsin for Lacking ID<http://electionlawblog.org/?p=89776>
Posted on December 7, 2016 11:00 am<http://electionlawblog.org/?p=89776> by Rick Hasen<http://electionlawblog.org/?author=3>
And rightfully so.<http://www.politifact.com/wisconsin/statements/2016/dec/07/tweets/were-300000-wisconsin-voters-turned-away-polls-201/>
See my earlier piece at Talking Points Memo, Democrats Blame ‘Voter Suppression’ For Clinton Loss At Their Peri<http://talkingpointsmemo.com/cafe/dems-blame-voter-suppression-for-loss>l.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89776&title=Politifact%20Rates%20as%20%E2%80%9CFalse%E2%80%9D%20Claim%20300%2C000%20Voters%20Turned%20Away%20in%20Wisconsin%20for%20Lacking%20ID>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Election Administration Woes and Not Just ‘Hoping for the Best'”<http://electionlawblog.org/?p=89774>
Posted on December 7, 2016 10:55 am<http://electionlawblog.org/?p=89774> by Rick Hasen<http://electionlawblog.org/?author=3>
Important Bauer:<http://www.moresoftmoneyhardlaw.com/2016/12/election-administration-woes-just-hoping-best/>
For all the talk about weaknesses in the electoral systems–about voter fraud or hacking or machine failure, or all of the above–experience with these types of claims or concerns suggests that, as matters of general public debate, they will soon fade. The rhetoric may linger, but little of use, such as practical reforms, is likely to follow.
This does not have to be the way the story ends. Six years ago, the Presidential Commission on Election Administration<https://www.supportthevoter.gov/files/2014/01/Amer-Voting-Exper-final-draft-01-09-14-508.pdf> suggested at least two potentially helpful measures, one very concrete and urgent, and the other pressing but more politically complicated and so harder to execute. These reforms won’t satisfy everyone: they offer only so much to those with the darkest suspicions. But they would make a major difference in preventing a calamitous breakdown in the voting process and an even greater collapse of public confidence….
A fair question to be put to the incoming Administration is whether, in light of Mr. Trump’s expressed concerns about rigging and fraud, it will be prepared to work with the Congress, the election administration community, and voting rights organizations around the country on an adequately funded program to replace the worn-out equipment.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


--
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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