[EL] ELB News and Commentary 2/2/16

Tue Feb 2 07:50:39 PST 2016

    “Inside the conspiracy theory that Microsoft has rigged the Iowa
    caucuses for Marco Rubio” <http://electionlawblog.org/?p=79516>

Posted onFebruary 2, 2016 7:49 am 
<http://electionlawblog.org/?p=79516>byRick Hasen 
<http://electionlawblog.org/?author=3>

Last night in response to a Farhad Manjoo tweet asking how Donald Trump 
would respond to losing Iowa, Itweeted 
<https://twitter.com/rickhasen/status/694347320867983360> “Claim voter 
fraud?” In fact Donald Trump was gracious in his concession speech. As a 
good businessperson, he knew best to quickly cut his losses and move on.

But not so much for some of his ardent supporters.Fusion 
<http://fusion.net/story/262675/marco-rubio-microsoft-iowa-caucus-rigging-conspiracy-theory-8chan/> reports 
on the conspiracy. Also check out the hashtag#MicrosoftRubioFraud 
<https://twitter.com/hashtag/MicrosoftRubioFraud?src=hash>.Philip Bump 
<https://twitter.com/pbump/status/694410252729634816>: “Best part 
of#**MicrosoftRubioFraud** 
<https://twitter.com/hashtag/MicrosoftRubioFraud?src=hash>is the idea 
that Marco Rubio allegedly stole a slightly-higher-position in third 
place. Sure, makes sense.”

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Posted inchicanery <http://electionlawblog.org/?cat=12>,fraudulent fraud 
squad <http://electionlawblog.org/?cat=8>

    Kissing the Ring Dep’t <http://electionlawblog.org/?p=79514>

Posted onFebruary 2, 2016 7:42 am 
<http://electionlawblog.org/?p=79514>byRick Hasen 
<http://electionlawblog.org/?author=3>

Marco Rubio and Ted Cruz Supporters Sought New Donors at Koch Conference 
<http://www.nytimes.com/politics/first-draft/2016/02/01/marco-rubio-and-ted-cruz-supporters-sought-new-donors-at-koch-conference/>

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>

    “Coin flips decide tied Iowa precincts”
    <http://electionlawblog.org/?p=79512>

Posted onFebruary 2, 2016 7:39 am 
<http://electionlawblog.org/?p=79512>byRick Hasen 
<http://electionlawblog.org/?author=3>

Who says money (or in this case, a coin) 
<https://www.washingtonpost.com/video/politics/coin-flips-decide-tied-iowa-precincts/2016/02/02/cfddea00-c984-11e5-b9ab-26591104bb19_video.html>doesn’t 
sometimes determine the outcome of elections?

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Posted incampaigns <http://electionlawblog.org/?cat=59>

    “Law professor’s book delves into history of election disputes”
    <http://electionlawblog.org/?p=79510>

Posted onFebruary 2, 2016 7:36 am 
<http://electionlawblog.org/?p=79510>byRick Hasen 
<http://electionlawblog.org/?author=3>

The Lantern 
<http://thelantern.com/2016/02/law-professors-book-delves-into-history-of-election-disputes/>on 
Ned Foley’s Ballot Battles.

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Posted inelection administration <http://electionlawblog.org/?cat=18>

    “Presidential Candidates’ Small & Large Donors: Sanders 64%, Carson
    54% from Small Donors; Bush 75%, Clinton 58% from Donors who Maxed
    Out” <http://electionlawblog.org/?p=79508>

Posted onFebruary 2, 2016 7:35 am 
<http://electionlawblog.org/?p=79508>byRick Hasen 
<http://electionlawblog.org/?author=3>

New CFI report. 
<http://www.cfinst.org/Press/PReleases/16-02-01/Year_End_Reports_Presidential_Candidates%E2%80%99_Small_and_Large_Dollars.aspx>

Share 
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>

    Chapin on the EAC’s Apparent Capitulation to KS SOS Kobach on Proof
    of Citizenship <http://electionlawblog.org/?p=79506>

Posted onFebruary 2, 2016 7:31 am 
<http://electionlawblog.org/?p=79506>byRick Hasen 
<http://electionlawblog.org/?author=3>

Doug Chapin 
<http://editions.lib.umn.edu/electionacademy/2016/02/02/eac-adds-proof-of-citizenship-instructions-to-federal-form/>:

    The timing of this action is a little curious, given the prospect of
    renewed partisan warfare over proof-of-citizenship just as the EAC
    is making progress on other fronts like voting technology and
    election preparedness. It also isn’t clear whether this action is an
    administrative matter solely within the purview of the executive
    director or whether it requires a vote of the Commission as a change
    of policy. [The Election Law Blog’s Rick Hasen asks: Has the EAC
    Capitulated to Kansas on Proof of Citizenship for Voting?
    <http://electionlawblog.org/?p=79487>]

    What is clear is that the new instructions make the issue of
    proof-of-citizenship less clear, especially since the courts have
    ruled (and SCOTUS has declined to weigh in) that
    proof-of-citizenship is unenforceable. While it is in fact true that
    the federal form now reflects the letter of the law in Kansas and
    other states, I worry that language on the form (and on the website)
    indicating that voters “must” follow those instructions is at best
    misleading and at worst contrary to federal and state court rulings.
    The executive director may not have the authority to add a suitable
    disclaimer, but perhaps the Commissioners do. This kind of
    uncertainty is always problematic – but especially in a high-stakes
    presidential election year. Here’s hoping it gets clarified soon.

    I didn’t think this issue could get any more complicated or less
    clear, but I was wrong; I’ll be interested to see what happens next.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,Election Assistance Commission 
<http://electionlawblog.org/?cat=34>,fraudulent fraud squad 
<http://electionlawblog.org/?cat=8>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

    “Do Trump and Sanders show us the limits of money in politics?”
    <http://electionlawblog.org/?p=79504>

Posted onFebruary 2, 2016 7:30 am 
<http://electionlawblog.org/?p=79504>byRick Hasen 
<http://electionlawblog.org/?author=3>

Lee Drutman 
<http://www.vox.com/polyarchy/2016/2/1/10887576/trump-sanders-campaign-finance>writes 
for Vox.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>

    “Voter ID trial ends; decision is now up to federal judge”
    <http://electionlawblog.org/?p=79502>

Posted onFebruary 1, 2016 9:21 pm 
<http://electionlawblog.org/?p=79502>byRick Hasen 
<http://electionlawblog.org/?author=3>

Winston Salem-Journal 
<http://www.journalnow.com/news/elections/voter-id-trial-ends-decision-is-now-up-to-federal/article_46da314b-346e-5d46-b66c-1caff868fba5.html>:

    It’s not clear when Schroeder will issue a decision. Attorneys on
    both sides can submit additional evidence until Feb. 11 and they
    have to file proposed findings of fact by Feb. 24.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>

    Just a Reminder About Iowa Results on Democratic Side
    <http://electionlawblog.org/?p=79500>

Posted onFebruary 1, 2016 8:23 pm 
<http://electionlawblog.org/?p=79500>byRick Hasen 
<http://electionlawblog.org/?author=3>

Just a reminder that Clinton and Sanders will split delegates so in 
terms of actual results who wins doesn’t matter. It is all about public 
relations. Clinton has (1) many more superdelegates: (2) expected huge 
advantage among African-American and Latino voters in post-NH Democratic 
voting. So Clinton goes on to next primaries and caucuses, such as NV 
and SC with huge advantage over Sanders. That said, I expect Sanders to 
go all the way to convention to try to push party to left, speak at 
convention–even as Clinton locks it up.

1 minute ago <https://twitter.com/rickhasen/status/694374684255584256>On 
other side, delegate picture among Republicans is very murky. Cruz can 
continue to win places like SC, Rubio elsewhere + Trump wildcard.
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Posted incampaigns <http://electionlawblog.org/?cat=59>

    Consent Decree in Bloomingburg Voting Rights Dispute
    <http://electionlawblog.org/?p=79495>

Posted onFebruary 1, 2016 3:02 pm 
<http://electionlawblog.org/?p=79495>byRick Hasen 
<http://electionlawblog.org/?author=3>

The Sullivan County election board has entered intothis consent decree 
<http://electionlawblog.org/wp-content/uploads/2016-01-12-ECF-91-Judge-Forrest-Signed-Consent-Decree.pdf> (including 
payment of significant attorney’s fees) in a class action arising out of 
voting disputes involving new Hasidic [corrected] voters in Bloomingburg 
NY. It is a fascinating dispute I’ve been following over the meaning of 
the vote and the changing nature of community. The decree includes a 
federal monitor for voting.  All in all, despite no admission of 
liability by Sullivan County, a big win for the plaintiffs.

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Posted invoting <http://electionlawblog.org/?cat=31>

    “As California Goes, So Goes the Nation? U.S. Demographic Change and
    the Latino Vote” <http://electionlawblog.org/?p=79493>

Posted onFebruary 1, 2016 2:58 pm 
<http://electionlawblog.org/?p=79493>byRick Hasen 
<http://electionlawblog.org/?author=3>

New report 
<http://explore.regionalchange.ucdavis.edu/ourwork/projects/ccep/ucdavisccepjan2016report?utm_source=2016+Report+1+Release&utm_campaign=CCEP+Report+1+Release&utm_medium=email>from 
UC Davis CCEP.

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Posted incampaigns <http://electionlawblog.org/?cat=59>

    “Supreme Court Allows Virginia Redistricting to Stand in 2016”
    <http://electionlawblog.org/?p=79491>

Posted onFebruary 1, 2016 2:41 pm 
<http://electionlawblog.org/?p=79491>byRick Hasen 
<http://electionlawblog.org/?author=3>

Roll Call: 
<http://www.rollcall.com/news/supreme_court_allows_virginia_redistricting_to_stand_in_2016-245689-1.html>

    Virginia’s 2016 congressional elections in November can move ahead
    using a judge-selected redistricting plan put in place last month
    despite a pending Supreme Court challenge, under a Supreme Court
    order Monday.

    The justices issued a one-line order to deny a request from 10
    current and former Republican members of Congress to stop the
    redistricting plan in Virginia for the November congressional
    elections. The court didn’t give a reason for its decision.

You can read the orderhere. 
<http://www.supremecourt.gov/orders/courtorders/020116zr_3dq3.pdf>  I 
think this means the Court is somewhat unlikely to reverse the finding 
of the lower court that the Va redistricting constituted an 
unconstitutional racial gerrymander. Likelihood of success is one of the 
factors in granting a stay.

Remember, it was Justice Kennedy who sided with the Court’s liberals in 
last year’s Alabama case to find racial gerrymandering when Republicans 
redistricting in Alabama as well. This case raises similar issues. See 
my piece, Racial Gerrymandering’s Questionable Revival,/Alabama Law 
Review/(forthcoming 2015) (draft available 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2601459>)

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Posted inUncategorized <http://electionlawblog.org/?cat=1>

    Has the EAC Capitulated to Kansas on Proof of Citizenship for
    Voting? <http://electionlawblog.org/?p=79487>

Posted onFebruary 1, 2016 9:15 am 
<http://electionlawblog.org/?p=79487>byRick Hasen 
<http://electionlawblog.org/?author=3>

There’s been a longrunning battle between the U.S. government and KS 
(and Arizona) over whether those states need to accept the “federal 
form” to register voters in federal elections. These states did not want 
to accept the federal form for voting because the form, unlike each 
state’s regular voter registration forms, did not require documentary 
proof of citizenship before voting.

After a bunch of litigation, where things stood until recently was: 
these states had to accept the federal form for voting in federal 
elections. KS took the position that it did not have to allow voting by 
those using the federal form in /state/elections.  A state court 
recently rejected this two-tiered voting system, but the issue was on 
appeal.

But now the EAC his issuedthis letter 
<http://www.eac.gov/assets/1/Documents/KS%20-%20Elec.%20Dir,%20NVRA,%201-29-16.pdf> which 
indicates the EAC has agreed to include the following state specific 
information about registering in KS. Within 90 days, one must provide KS 
election officials with documentary proof of citizenship (from a list 
provided) in order to have one’s registration accepted. (There’s 
asimilar letter 
<http://www.eac.gov/assets/1/Documents/GA%20SOS%20-%20NVRA,%201-29-16.pdf>approved 
from Ga.)

I could be wrong, but this appears to be a capitulation by the EAC, 
which will now lead to disenfranchisement of anyone who registers with 
the federal form but does not provide the documentary proof of 
citizenship within 90 days.

Is this right? Has the EAC capitulated? Why?

UPDATE: One question is whether EAC executive director Brian Newby, 
himself from KS, acted on his own or with the agreement of the three EAC 
commissioners. Inquiring minds want to know.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>

    “U.S. Senator Disenfranchised By Iowa Caucus Rules”
    <http://electionlawblog.org/?p=79485>

Posted onFebruary 1, 2016 9:02 am 
<http://electionlawblog.org/?p=79485>byRick Hasen 
<http://electionlawblog.org/?author=3>

The caucus process isindefensible 
<http://thinkprogress.org/justice/2016/02/01/3744812/us-senator-disenfranchised-by-iowa-caucus-rules/>.

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Posted incampaigns <http://electionlawblog.org/?cat=59>,primaries 
<http://electionlawblog.org/?cat=32>

    “State’s low-key educational effort on new voter ID requirement irks
    critics” <http://electionlawblog.org/?p=79483>

Posted onFebruary 1, 2016 8:59 am 
<http://electionlawblog.org/?p=79483>byRick Hasen 
<http://electionlawblog.org/?author=3>

The 
latest<http://host.madison.com/news/local/govt-and-politics/state-s-low-key-educational-effort-on-new-voter-id/article_c8b9b94e-c0ee-5ec4-a832-0a9acfce946a.html>from 
WI.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

    “Marco Rubio Wants You to Wait Six Hours to Vote”
    <http://electionlawblog.org/?p=79481>

Posted onFebruary 1, 2016 8:56 am 
<http://electionlawblog.org/?p=79481>byRick Hasen 
<http://electionlawblog.org/?author=3>

Ari Berman 
<http://www.thenation.com/article/marco-rubio-wants-you-to-wait-six-hours-to-vote/>:

    Voting rights hasn’t come up in any of theeleven presidential
    debates <https://twitter.com/AriBerman/status/692918879631347712>so
    far, even though the 2016 election is the first presidential race in
    fifty years without the full protections of the Voting Rights Act.

    But individual voters have been asking the candidates where they
    stand on the issue. During a campaign stop in Des Moines on October
    25, John Olsen, a 46-year-old substitute teacher from Ankeny,asked
    Rubio <https://twitter.com/AriBerman/status/693827713099026432>,
    “What about the six hour long lines to vote in Miami?”

    “That is only on Election Day,” Rubio responded.

    It was a bizarre response from the Florida senator, seeming to
    suggest that long lines are okay if they occur on Election Day, when
    most people tend to cast a ballot. But it was also factually
    inaccurate. After Florida cut early voting from fourteen days to
    eight days during the 2012 election, which Rubio supported, there
    werelong lines
    <http://miami.cbslocal.com/2012/11/01/early-voting-plagued-by-long-lines/>throughout
    the early voting period.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

    Chevron Gives $1 Million to Super PAC Run by McConnell Allies
    <http://electionlawblog.org/?p=79479>

Posted onFebruary 1, 2016 8:30 am 
<http://electionlawblog.org/?p=79479>byRick Hasen 
<http://electionlawblog.org/?author=3>

Free speech i 
<http://www.courier-journal.com/story/news/politics/mitch-mcconnell/2016/02/01/super-pac-raises-67-million-mitch-mcconnell/79634590/>n 
action I guess.

Yeah, I’m sure that’s how most Americans see it.

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Posted inUncategorized <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
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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