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

Fri Dec 16 07:54:44 PST 2016

“Obama Says U.S. Will Retaliate for Russia’s Election Meddling”<http://electionlawblog.org/?p=90054>
Posted on December 16, 2016 7:52 am<http://electionlawblog.org/?p=90054> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/12/15/us/politics/russia-hack-election-trump-obama.html?ref=politics>
President Obama<http://topics.nytimes.com/top/reference/timestopics/people/o/barack_obama/index.html?inline=nyt-per> said on Thursday that the United States would retaliate for Russia’s efforts to influence the presidential election, asserting that “we need to take action,” and “we will.”
The comments, in an interview with NPR, indicate that Mr. Obama, in his remaining weeks in office, will pursue either economic sanctions against Russia or perhaps some kind of response in cyberspace.
Mr. Obama spoke as President-elect Donald J. Trump<http://www.nytimes.com/topic/person/donald-trump?inline=nyt-per> on Thursday again refused to accept Moscow’s culpability, asking on Twitter why the administration had waited “so long to act” if Russia “or some other entity” had carried out cyberattacks.
The president discussed the potential for American retaliation with Steve Inskeep of NPR for an interview to air on Friday morning. “I think there is no doubt that when any foreign government tries to impact the integrity of our election,” Mr. Obama said, “we need to take action. And we will — at the time and place of our choosing.”
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Posted in chicanery<http://electionlawblog.org/?cat=12>

“Shalom Lamm charged with voter fraud”<http://electionlawblog.org/?p=90051>
Posted on December 16, 2016 7:47 am<http://electionlawblog.org/?p=90051> by Rick Hasen<http://electionlawblog.org/?author=3>
The latest<http://www.recordonline.com/news/20161215/shalom-lamm-charged-with-voter-fraud> from Bloomingburg.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90051&title=%E2%80%9CShalom%20Lamm%20charged%20with%20voter%20fraud%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>

MT: Dept of Oops<http://electionlawblog.org/?p=90049>
Posted on December 16, 2016 7:41 am<http://electionlawblog.org/?p=90049> by Rick Hasen<http://electionlawblog.org/?author=3>
AP:<http://www.dailyprogress.com/the-latest-lawmaker-says-bullock-should-make-appointment/article_c56d34cf-0443-5ad4-aad4-4c61818f754a.html>
The sponsor of a 2015 bill that changed how Montana fills its U.S. House and Senate vacancies says Gov. Steve Bullock should appoint an interim replacement for departing Rep. Ryan Zinke until a special election is held.
Democratic Sen. Brad Hamlett said Thursday it is critical that Montana is represented in Congress during the 85- to 100-day period before a special election can be held.
Secretary of State Linda McCulloch and political observers say the U.S. Constitution allows only for the appointment of an interim senator, and not an interim representative.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90049&title=MT%3A%20Dept%20of%20Oops>
Posted in campaigns<http://electionlawblog.org/?cat=59>

“About 20 arrested after protesters pack legislature to protest GOP ‘power grab’”<http://electionlawblog.org/?p=90047>
Posted on December 16, 2016 7:39 am<http://electionlawblog.org/?p=90047> by Rick Hasen<http://electionlawblog.org/?author=3>
Charlotte Observer reports.<http://www.charlotteobserver.com/news/state/article121086073.html>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90047&title=%E2%80%9CAbout%2020%20arrested%20after%20protesters%20pack%20legislature%20to%20protest%20GOP%20%E2%80%98power%20grab%E2%80%99%E2%80%9D>
Posted in social media and social protests<http://electionlawblog.org/?cat=58>

“Republican National Committee Security Foiled Russian Hackers; Investigation calls it a less aggressive and much less persistent effort than the hacks of the Democratic National Committee”<http://electionlawblog.org/?p=90045>
Posted on December 16, 2016 7:33 am<http://electionlawblog.org/?p=90045> by Rick Hasen<http://electionlawblog.org/?author=3>
WSJ reports.<http://www.wsj.com/articles/republican-national-committee-security-foiled-russian-hackers-1481850043>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90045&title=%E2%80%9CRepublican%20National%20Committee%20Security%20Foiled%20Russian%20Hackers%3B%20Investigation%20calls%20it%20a%20less%20aggressive%20and%20much%20less%20persistent%20effort%20than%20the%20h>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“GOP Power Grab Would Make NC Guv One Of The Weakest In The Country”<http://electionlawblog.org/?p=90043>
Posted on December 16, 2016 7:29 am<http://electionlawblog.org/?p=90043> by Rick Hasen<http://electionlawblog.org/?author=3>
TPM.<http://talkingpointsmemo.com/news/nc-proposal-weaken-governor>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90043&title=%E2%80%9CGOP%20Power%20Grab%20Would%20Make%20NC%20Guv%20One%20Of%20The%20Weakest%20In%20The%20Country%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>

ELJ Call for Papers: Election Recounts and Audits<http://electionlawblog.org/?p=90041>
Posted on December 16, 2016 7:26 am<http://electionlawblog.org/?p=90041> by Rick Hasen<http://electionlawblog.org/?author=3>

Election Law Journal<http://click.liebertpubmail.com/?qs=15b71ad46ae7b32715344cc20de786a5bf70db3ea989229b1ce2caa0f4401fdc>
CALL FOR PAPERS: Election Recounts and Audits
Deadline for manuscript submission<http://click.liebertpubmail.com/?qs=15b71ad46ae7b327bef3c45297fd0c77d831a13dea96db32a6fe2adf2530e456>: March 15, 2017
The recent recounts called for after the results of the gubernatorial race in South Carolina and the US presidential race have had—and will continue to have—important legal, regulatory, policy, and societal implications on election processes. Over a decade ago, election recounts came to the fore of the political atmosphere with the Florida recount during the 2000 US presidential election. In the current climate, the importance of information regarding the consequences of requesting a recount, and how they are handled both legally and politically has never been higher.
Election Law Journal<http://click.liebertpubmail.com/?qs=15b71ad46ae7b327413665bb4220279de7a601821dfbd79ba4b63c6b32a9d085> is the leading peer-reviewed journal for up-to-date coverage of this evolving area of specialization. ELJ is currently seeking original contributions on the following topics related to election recounts and audits:

  *   History, evolution, economic analyses, and future prospects of election recounts and audits
  *   Effect of election recounts and audits on voter behavior, particularly on voter suppression and voter ID
  *   Legal treatment of election recounts and audits
  *   Political treatment of election recounts and audits
Deadline for manuscript submission<http://click.liebertpubmail.com/?qs=15b71ad46ae7b327bef3c45297fd0c77d831a13dea96db32a6fe2adf2530e456>: March 15, 2017
Please submit your papers<http://click.liebertpubmail.com/?qs=15b71ad46ae7b327bef3c45297fd0c77d831a13dea96db32a6fe2adf2530e456> online to our web-based manuscript submission and peer-review system.
Editorial questions?
Contact Editor-in-Chief Paul Gronke<mailto:Election%20Law%20Journal%20%3celectionlawjournal at gmail.com%3e>
Manuscript preparation or technical questions?
Contact Author Services<mailto:authorservices at liebertpub.com>

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90041&title=ELJ%20Call%20for%20Papers%3A%20Election%20Recounts%20and%20Audits>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

New Lawsuit Filed Against NY Disclosure Laws Hitting 501c3s and 501c4s<http://electionlawblog.org/?p=90039>
Posted on December 16, 2016 7:23 am<http://electionlawblog.org/?p=90039> by Rick Hasen<http://electionlawblog.org/?author=3>
Complaint.<https://echalk-slate-prod.s3.amazonaws.com/private/districts/466/resources/432a78d9-1014-45b4-8f74-fb37b1dfcd0f?AWSAccessKeyId=AKIAJSZKIBPXGFLSZTYQ&Expires=1797180262&response-content-disposition=%3Bfilename%3D%22Filed%2520Complaint%2520on%2520Governors%2520Ethics%2520Law.pdf%22&response-content-type=application%2Fpdf&Signature=f6Oj2VpnJXe2tZqvMzLZzrUkcLM%3D>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90039&title=New%20Lawsuit%20Filed%20Against%20NY%20Disclosure%20Laws%20Hitting%20501c3s%20and%20501c4s>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, tax law and election law<http://electionlawblog.org/?cat=22>

Sunlight Foundation Will Stay in Business After All<http://electionlawblog.org/?p=90037>
Posted on December 16, 2016 7:20 am<http://electionlawblog.org/?p=90037> by Rick Hasen<http://electionlawblog.org/?author=3>
Good news<http://sunlightfoundation.com/2016/12/16/sunlight-will-endure/>, but it will take some time for the organization to repair the damage.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90037&title=Sunlight%20Foundation%20Will%20Stay%20in%20Business%20After%20All>
Posted in election law biz<http://electionlawblog.org/?cat=51>

“Hacker Breached EAC Website, Sought To Sell Passwords”<http://electionlawblog.org/?p=90035>
Posted on December 16, 2016 7:19 am<http://electionlawblog.org/?p=90035> by Rick Hasen<http://electionlawblog.org/?author=3>
Doug Chapin reports.<http://editions.lib.umn.edu/electionacademy/2016/12/16/hacker-breached-eac-website-sought-to-sell-passwords/>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90035&title=%E2%80%9CHacker%20Breached%20EAC%20Website%2C%20Sought%20To%20Sell%20Passwords%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, Election Assistance Commission<http://electionlawblog.org/?cat=34>

“Grand Juries Said to Hear Testimony on Inquiries Into de Blasio Fund-Raising”<http://electionlawblog.org/?p=90033>
Posted on December 16, 2016 7:18 am<http://electionlawblog.org/?p=90033> by Rick Hasen<http://electionlawblog.org/?author=3>
Watch this story grow.<http://www.nytimes.com/2016/12/15/nyregion/bill-de-blasio-investigation.html?smprod=nytcore-iphone&smid=nytcore-iphone-share>
Update: De Blasio Is Fined $48,000 for Campaign Finance Violations<http://www.nytimes.com/2016/12/15/nyregion/de-blasio-is-fined-48000-for-campaign-finance-violations.html>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90033&title=%E2%80%9CGrand%20Juries%20Said%20to%20Hear%20Testimony%20on%20Inquiries%20Into%20de%20Blasio%20Fund-Raising%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>

“North Carolina Republicans plot legislative coup against democracy to usher in a new era of Jim Crow”<http://electionlawblog.org/?p=90031>
Posted on December 16, 2016 7:17 am<http://electionlawblog.org/?p=90031> by Rick Hasen<http://electionlawblog.org/?author=3>
Stephen Wolf<http://www.dailykos.com/stories/2016/12/15/1611197/-North-Carolina-Republicans-plot-legislative-coup-against-democracy-to-usher-in-a-new-era-of-Jim-Crow> for Daily Kos.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90031&title=%E2%80%9CNorth%20Carolina%20Republicans%20plot%20legislative%20coup%20against%20democracy%20to%20usher%20in%20a%20new%20era%20of%20Jim%20Crow%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Available to the Highest Bidder: Coffee With Ivanka Trump”<http://electionlawblog.org/?p=90029>
Posted on December 16, 2016 7:15 am<http://electionlawblog.org/?p=90029> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT reports.<http://www.nytimes.com/2016/12/15/us/politics/ivanka-trump-charity-auction.html?_r=0>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90029&title=%E2%80%9CAvailable%20to%20the%20Highest%20Bidder%3A%20Coffee%20With%20Ivanka%20Trump%E2%80%9D>
Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>

“After allegedly trying to suppress voting, Trump and his fans applaud lower black turnout”<http://electionlawblog.org/?p=90027>
Posted on December 16, 2016 7:14 am<http://electionlawblog.org/?p=90027> by Rick Hasen<http://electionlawblog.org/?author=3>
The Fix:<https://www.washingtonpost.com/news/the-fix/wp/2016/12/16/after-quietly-trying-to-suppress-voting-trump-and-his-fans-applaud-lower-black-turnout/?utm_term=.30f2ae0c7369>
“We did great with the African-American community,” he said, during the rally in Hershey, Pa. “So good. Remember — remember the famous line, because I talk about crime, I talk about lack of education, I talk about no jobs. And I’d say, what the hell do you have to lose? Right? It’s true. And they’re smart and they picked up on it like you wouldn’t believe. And you know what else? They didn’t come out to vote for Hillary. They didn’t come out. And that was a big — so thank you to the African-American community.”
The crowd applauded.
Trump offered similar praise last week in Michigan<http://www.mlive.com/news/grand-rapids/index.ssf/2016/12/trump_says_no-show_african_ame.html> — another of the states that he wasn’t expected to win, but did. The black community “came through big league,” he said then. “If they had any doubt, they didn’t vote. And that was almost as good,” he added.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90027&title=%E2%80%9CAfter%20allegedly%20trying%20to%20suppress%20voting%2C%20Trump%20and%20his%20fans%20applaud%20lower%20black%20turnout%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>

“New Report Tracks History & Impact of Florida’s Strict Criminal Disenfranchisement Law”<http://electionlawblog.org/?p=90025>
Posted on December 16, 2016 7:12 am<http://electionlawblog.org/?p=90025> by Rick Hasen<http://electionlawblog.org/?author=3>
Release:
Florida’s lifetime ban on voting for people with past felony convictions is one of the harshest laws in the nation and its severe moral, racial, and economic consequences demand it be replaced, according to a new report<http://www.brennancenter.org/sites/all/modules/civicrm/extern/url.php?u=104329&qid=11223802> released today by the Brennan Center for Justice at NYU School of Law. The analysis comes as the Florida Supreme Court is evaluating a ballot initiative that would amend the state’s constitution and drastically reform the law.
Florida’s law is radically out-of-step with policies around the rest of the country. It is one of only three states with a lifetime voting ban for people with felony convictions. Currently, the only way they can vote is if they’re granted clemency by the government. Individuals with past convictions can apply for rights restoration after waiting five years (in some cases seven), and completing all elements of their sentence including community supervision and paying any outstanding fees and fines.
This strict law impacts 21 percent of Florida’s voting-age African Americans and can be traced back to America’s Jim Crow past, explains author Erika Wood, a professor at New York Law School.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90025&title=%E2%80%9CNew%20Report%20Tracks%20History%20%26%20Impact%20of%20Florida%E2%80%99s%20Strict%20Criminal%20Disenfranchisement%20Law%E2%80%9D>
Posted in felon voting<http://electionlawblog.org/?cat=66>

NC: “Roy Cooper threatens to sue as legislature moves to secure more power”<http://electionlawblog.org/?p=90023>
Posted on December 15, 2016 6:15 pm<http://electionlawblog.org/?p=90023> by Rick Hasen<http://electionlawblog.org/?author=3>
News and Observer:<http://www.newsobserver.com/news/politics-government/state-politics/article121222618.html>
Cooper declined to say if he thought the session itself was unconstitutional – as some Democratic legislators had said – but he said lawyers are looking over every bill that was introduced. And he promised to challenge any law that appears unconstitutional.
“They will see me in court,” he said. “And they don’t have a very good track record there.”
Press Millen is a Raleigh lawyer who has studied the state Constitution and has used it to argue against some of the election law changes adopted by the General Assembly in 2013. He says opponents of the legislature’s moves could have a strong case in court.
“The state Constitution is a little-read and less understood document,” Millen said Thursday. “In my view, it contains a lot of landmines for a legislature that seems bent on reconfiguring 250 years of North Carolina governance kind of by personal pique.
“It’s going to have ramifications beyond what they’re considering. Typically, when you see laws being made, they’re deliberated more extensively, then tweaked and deliberated again.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90023&title=NC%3A%20%E2%80%9CRoy%20Cooper%20threatens%20to%20sue%20as%20legislature%20moves%20to%20secure%20more%20power%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>

“Do Strict Voter Laws Make a Difference?”<http://electionlawblog.org/?p=90021>
Posted on December 15, 2016 5:48 pm<http://electionlawblog.org/?p=90021> by Rick Hasen<http://electionlawblog.org/?author=3>
I talk to Mike Pesca on Slate’s “The Gist” podcast.  Listen<http://www.slate.com/articles/podcasts/gist/2016/12/voting_law_expert_rick_hasen_on_voter_suppression.html>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90021&title=%E2%80%9CDo%20Strict%20Voter%20Laws%20Make%20a%20Difference%3F%E2%80%9D>
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
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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