[EL] ELB News and Commentary 12/13/16

Mon Dec 12 20:46:48 PST 2016

“Senate and House Leaders Call for Inquiry of Russian Hacking in Election”<http://electionlawblog.org/?p=89912>
Posted on December 12, 2016 8:42 pm<http://electionlawblog.org/?p=89912> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/12/12/us/politics/mcconnell-supports-inquiry-of-russian-hacking-during-election.html?ref=politics>
The top two Republicans in Congress said on Monday that they supported investigations into possible Russian cyberattacks to influence the American election, setting up a potential confrontation with President-elect Donald J. Trump in his first days in office.
“Any foreign breach of our cybersecurity measures is disturbing, and I strongly condemn any such efforts,” said Senator Mitch McConnell, Republican of Kentucky and the majority leader, adding, “The Russians are not our friends.”
Mr. McConnell’s support for investigating American intelligence findings that Moscow intervened in the election on Mr. Trump’s behalf could presage friction between the Republicans who control Congress, and who have long taken a hard line against Russia, and the president-elect, who has mocked the findings.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89912&title=%E2%80%9CSenate%20and%20House%20Leaders%20Call%20for%20Inquiry%20of%20Russian%20Hacking%20in%20Election%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>

“Federal Prosecutors Want Broad Authority To Go After Supreme Court Protesters”<http://electionlawblog.org/?p=89910>
Posted on December 12, 2016 8:22 pm<http://electionlawblog.org/?p=89910> by Rick Hasen<http://electionlawblog.org/?author=3>
Zoe Tillman<https://www.buzzfeed.com/zoetillman/federal-prosecutors-want-broad-authority-to-go-after-supreme?utm_term=.nyW52VROjR#.kaVEqmpQKp> for BuzzFeed News:
On April 1, 2015, five men and women were arrested for demonstrating inside the US Supreme Court. One by one, they stood up at the start of arguments before the justices and spoke or sang in protest of the court’s 2010 Citizens United decision.
Federal prosecutors fought in federal appeals court on Monday to keep in place every avenue of authority to bring charges against such protesters.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89910&title=%E2%80%9CFederal%20Prosecutors%20Want%20Broad%20Authority%20To%20Go%20After%20Supreme%20Court%20Protesters%E2%80%9D>

Posted in social media and social protests<http://electionlawblog.org/?cat=58>, Supreme Court<http://electionlawblog.org/?cat=29>

“New Campaign Finance Cases May Head to Supreme Court”<http://electionlawblog.org/?p=89908>
Posted on December 12, 2016 8:16 pm<http://electionlawblog.org/?p=89908> by Rick Hasen<http://electionlawblog.org/?author=3>
Bloomberg BNA:<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=101856645&vname=mpebulallissues&jd=a0k5v5p7v0&split=0>
The Supreme Court will decide soon whether to review key campaign finance cases regarding disclosure and campaign contribution limits, attorneys said at a national government ethics conference in New Orleans.
It’s still unclear, however, whether the high court will resume a march to deregulating campaigns that has paused in recent years, following the court’s 2014 ruling in McCutcheon v. Federal Election Commission, the last major case in this area.
Among the cases that could come before the justices in the year ahead is one launched by the Republican Party of Louisiana and local GOP committees in the New Orleans area. The case challenges contribution limits on political parties in place since Congress passed the 2002 Bipartisan Campaign Reform Act.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89908&title=%E2%80%9CNew%20Campaign%20Finance%20Cases%20May%20Head%20to%20Supreme%20Court%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, Supreme Court<http://electionlawblog.org/?cat=29>

“New York Needs a Political Primer on the State Constitutional Convention Referendum”<http://electionlawblog.org/?p=89906>
Posted on December 12, 2016 4:40 pm<http://electionlawblog.org/?p=89906> by Rick Hasen<http://electionlawblog.org/?author=3>
J.H. Snider writes.<http://www.gothamgazette.com/opinion/6652-new-york-needs-a-political-primer-on-the-state-constitutional-convention-referendum>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89906&title=%E2%80%9CNew%20York%20Needs%20a%20Political%20Primer%20on%20the%20State%20Constitutional%20Convention%20Referendum%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“The Law Might Actually Allow Electors to Get Intel Briefing About Putin/Trump Connections”<http://electionlawblog.org/?p=89904>
Posted on December 12, 2016 4:39 pm<http://electionlawblog.org/?p=89904> by Rick Hasen<http://electionlawblog.org/?author=3>
LawNewz reports.<http://lawnewz.com/high-profile/law-may-allow-electors-to-get-trumpputin-intel/>

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89904&title=%E2%80%9CThe%20Law%20Might%20Actually%20Allow%20Electors%20to%20Get%20Intel%20Briefing%20About%20Putin%2FTrump%20Connections%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Judge rules Colorado’s Electoral College members must vote for Hillary Clinton”<http://electionlawblog.org/?p=89902>
Posted on December 12, 2016 4:38 pm<http://electionlawblog.org/?p=89902> by Rick Hasen<http://electionlawblog.org/?author=3>
FOX31:<http://kdvr.com/2016/12/12/2-members-of-colorados-electoral-college-face-federal-judge-in-denver/>
A U.S. District Court judge shot down a lawsuit filed by two Democratic members of Colorado’s Electoral College who want to vote for someone other than Hillary Clinton.
It may sound counterintuitive, but it is part of a last-ditch effort to elect someone other than Donald Trump.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89902&title=%E2%80%9CJudge%20rules%20Colorado%E2%80%99s%20Electoral%20College%20members%20must%20vote%20for%20Hillary%20Clinton%E2%80%9D>
Posted in electoral college<http://electionlawblog.org/?cat=44>

“Completed Wisconsin recount widens Donald Trump’s lead by 131 votes”<http://electionlawblog.org/?p=89899>
Posted on December 12, 2016 1:46 pm<http://electionlawblog.org/?p=89899> by Rick Hasen<http://electionlawblog.org/?author=3>
Wisconsin State Journal:<http://host.madison.com/wsj/news/local/govt-and-politics/completed-wisconsin-recount-widens-donald-trump-s-lead-by-votes/article_3f61c6ac-5b18-5c27-bf38-e537146bbcdd.html>
Wisconsin’s historic presidential recount ended Monday and resulted in a net gain of 131 votes for President-elect Donald Trump over Democrat Hillary Clinton, the Wisconsin Elections Commission.
The recount resulted in a net change of 1,769 additional votes being counted, or 0.06 percent of the 2.975 million total ballot. The last statewide recount in a 2011 Supreme Court race added an extra 1,233 votes out of 1.5 million ballots.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89899&title=%E2%80%9CCompleted%20Wisconsin%20recount%20widens%20Donald%20Trump%E2%80%99s%20lead%20by%20131%20votes%E2%80%9D>
Posted in recounts<http://electionlawblog.org/?cat=50>

“Is Hillary Clinton Trying To Question The Legitimacy Of Donald Trump Winning?”<http://electionlawblog.org/?p=89897>
Posted on December 12, 2016 1:40 pm<http://electionlawblog.org/?p=89897> by Rick Hasen<http://electionlawblog.org/?author=3>
NPR:<http://www.npr.org/2016/12/12/505286051/is-hillary-clinton-trying-to-question-the-legitimacy-of-donald-trump-winning>
Amid news of possible Russian interference in the U.S. presidential election, a top Hillary Clinton adviser is publicly casting support for a push by some members of the Electoral College to receive an intelligence briefing ahead of their formal vote next week.
“The bipartisan electors’ letter raises very grave issues involving our national security,” Clinton campaign Chairman John Podesta said in statement Monday. “Electors have a solemn responsibility under the Constitution and we support their efforts to have their questions addressed.”
It’s the losing Democratic nominee’s most public show of support yet for efforts to question the legitimacy of election results that gave Donald Trump the presidency. And it follows news over the weekend that the CIA has concluded that Russia intervened in the election to help the Republican win.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89897&title=%E2%80%9CIs%20Hillary%20Clinton%20Trying%20To%20Question%20The%20Legitimacy%20Of%20Donald%20Trump%20Winning%3F%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, electoral college<http://electionlawblog.org/?cat=44>

Liberals Who Won’t Accept Trump Election Results and the Tinker Bell Problem<http://electionlawblog.org/?p=89895>
Posted on December 12, 2016 10:16 am<http://electionlawblog.org/?p=89895> by Rick Hasen<http://electionlawblog.org/?author=3>
Garrett Epps:<https://www.theatlantic.com/politics/archive/2016/12/what-would-you-do-if-you-were-a-presidential-elector/510296/?utm_source=fbb>
Would-be constitutional experts who have lately begun to rhapsodize about the wisdom of the Electoral College are damaging the cause of constitutionalism and sane electoral reform and ought to quit it.  My attempts to push back against the flood of sentimental Electoral College twaddle have made some people on the left so angry that they’ve actually complained to my employers. So eager are they to believe that clapping their hands will keep Tinker Bell alive that contrary voices must be silenced.
It’s the same thing with claims to demand the Stein recounts (which almost certainly wouldn’t have uncovered any tampering even if any occurred) as well as lawsuits to require the electoral college to vote for Clinton, or on some proportional basis.
These are distractions from the real issues going forward.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89895&title=Liberals%20Who%20Won%E2%80%99t%20Accept%20Trump%20Election%20Results%20and%20the%20Tinker%20Bell%20Problem>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

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