[EL] First two items

Tue Jul 26 09:51:12 PDT 2016

The American Psychological Association can probably start using the first two items as their go-to example for “cognitive dissonance.”

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Tuesday, July 26, 2016 7:37 AM
To: Election Law Listserv
Subject: [EL] ELB News and Commentary 7/26/16

“In Hacked D.N.C. Emails, a Glimpse of How Big Money Works”<http://electionlawblog.org/?p=84583>
Posted on July 26, 2016 7:35 am<http://electionlawblog.org/?p=84583> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT<http://www.nytimes.com/2016/07/26/us/politics/dnc-wikileaks-emails-fundraising.html?ref=politics&_r=0>:

But the leaked cache also included thousands of emails exchanged by Democratic officials and party fund-raisers, revealing in rarely seen detail the elaborate, ingratiating and often bluntly transactional exchanges necessary to harvest hundreds of millions of dollars from the party’s wealthy donor class.

The emails capture a world where seating charts are arranged with dollar totals in mind, where a White House celebration of gay pride is a thinly disguised occasion for rewarding wealthy donors and where physical proximity to the president is the most precious of currencies.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

Quote of the Day<http://electionlawblog.org/?p=84581>
Posted on July 26, 2016 7:26 am<http://electionlawblog.org/?p=84581> by Rick Hasen<http://electionlawblog.org/?author=3>

“As some of you may know, I support Bernie Sanders and the movement behind him. And Bernie has already succeeded in so many ways. He proved that Citizens United is in fact not a necessary evil, and by the way, Citizens United, isn’t that such a beautiful name for something that means billionaires buying politicians? Good lord. Rails against the very spirit of our democracy. And I’m very glad that Hillary has vowed to overturn it.”

—Sarah Siverman<http://www.bustle.com/articles/174793-the-transcript-of-sarah-silvermans-dnc-speech-includes-a-very-important-message> at the DNC
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“A Legal Note from the World of Conventions”<http://electionlawblog.org/?p=84579>
Posted on July 26, 2016 7:25 am<http://electionlawblog.org/?p=84579> by Rick Hasen<http://electionlawblog.org/?author=3>

Bauer blogs.<http://www.moresoftmoneyhardlaw.com/2016/07/legal-note-world-conventions/>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, political parties<http://electionlawblog.org/?cat=25>

Jack Goldsmith on Whether Foreign Powers Could Hack Our Elections<http://electionlawblog.org/?p=84577>
Posted on July 26, 2016 7:24 am<http://electionlawblog.org/?p=84577> by Rick Hasen<http://electionlawblog.org/?author=3>

Ugh<http://www.slate.com/articles/news_and_politics/interrogation/2016/07/is_the_dnc_hack_an_act_of_war_and_is_russia_responsible.html>:

Is the election aspect of this hack unique?

There have been reports in recent years of cyberattacks or cyberoperations in computer networks in other countries related to elections. Still, if this if a Russian (or some other foreign governmental) operation, I know of nothing parallel on this scale, with this impact. And yet, as I wrote this morning, “the Russian hack of the DNC was small beans compared to the destruction of the integrity of a national election result.” Presumably the DNC email hack and leak involve genuine emails. But what if the hackers interspersed fake but even more damning or inflammatory emails that were hard to disprove? What if hackers break in to computers to steal or destroy voter registration information? What if they disrupted computer-based voting or election returns in important states during the presidential election? The legitimacy of a presidential election might be called into question, with catastrophic consequences. The DNC hack is just the first wave of possible threats to electoral integrity in the United States—by foreign intelligence services, and others.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, voting technology<http://electionlawblog.org/?cat=40>

“What the DNC email leak reveals about Arizona’s election lawsuit”<http://electionlawblog.org/?p=84575>
Posted on July 26, 2016 7:22 am<http://electionlawblog.org/?p=84575> by Rick Hasen<http://electionlawblog.org/?author=3>

Arizona Republic:<http://www.azcentral.com/story/news/politics/arizona/2016/07/25/dnc-email-leak-said-arizonas-election-lawsuit/87510712/>

Also revealed was email correspondence about the federal lawsuit the Democrats filed against Arizona<http://www.azcentral.com/story/news/politics/elections/2016/04/14/democrats-sue-arizona-over-voter-access/83034630/> in the wake of Maricopa County’s polling-place debacle that resulted in hours-long lines for voters wanting to cast ballots in the state’s March 22 presidential preference election, or primary.

The plaintiffs include the DNC; the Democratic Senatorial Campaign Committee, the party’s arm dedicated to electing Democrats to the U.S. Senate; the Arizona Democratic Party; and the campaign of U.S. Rep. Ann Kirkpatrick, D-Ariz., who isrunning for incumbent Republican U.S. Sen. John McCain’s seat this year<http://www.azcentral.com/story/news/politics/azdc/2016/07/11/ann-kirkpatrick-hauls-18-million-april-may-and-june/86930368/>.

In the emails, officials with the DNC and the DSCC discussed their ambitious strategy to generate “earned media,” or news coverage and commentary, about the lawsuit. It included highlighting Kirkpatrick’s involvement to aid her Senate bid.

“Working with the DSCC, we placed a story in the Washington Post announcing the lawsuit on April 14, and published a Medium post from DNC CEO Amy Dacey on why we were filing suit,” Deshundra Jefferson, the DNC’s Southern regional communications director, wrote in an April 22 email to Luis Miranda, the DNC’s communications director. “The initial roll out generated well over 100 earned media mentions. Among our most prominent placements: CNN, MSNBC, the New York Times, U.S. News & World Report, Politico, AP, Reuters, the Guardian, and the Nation.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Perkins Coie Lawyer’s Advice Helped Spark Democratic Division”<http://electionlawblog.org/?p=84573>
Posted on July 26, 2016 7:19 am<http://electionlawblog.org/?p=84573> by Rick Hasen<http://electionlawblog.org/?author=3>

American Lawyer<http://www.americanlawyer.com/id=1202763532223/Perkins-Coie-Lawyers-Advice-Helped-Spark-Democratic-Divisions?kw=Perkins%20Coie%20Lawyer%27s%20Advice%20Helped%20Spark%20Democratic%20Divisions&cn=20160726&pt=Daily%20Headlines&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&slreturn=20160626101657>:

Perkins Coie’s Marc Elias, who has juggled legal roles for both the Hillary Clinton presidential campaign and the Democratic National Committee, saw the intersecting interests of both clients unexpectedly become public on Friday with the leak of thousands of DNC emails posted by Wikileaks.

The emails, including at least one authored by Elias, have roiled the Democratic Party nomination process because they indicate that some DNC officials tried to sabotage Bernie Sanders’ campaign. DNC chairman Debbie Wasserman Schultz resigned on Sunday over the controversy, and she was loudly heckled by Sanders supporters during an appearance on Monday at the Democratic National Convention in Philadelphia.

At least five Perkins Coie lawyers, including Elias, who is the general counsel for Clinton’s campaign, and Democratic Party mainstay Robert Bauer, are included in email exchanges in which DNC staffers discuss strategy. In one email, Elias, the chair of Perkins Coie’s political law practice, urged DNC officials to attack Sanders for allegedly lying when Sanders accused the DNC of improperly using campaign funds to help Clinton.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, election law biz<http://electionlawblog.org/?cat=51>

Don McGahn, Trump’s Lawyer, Opines on Trump’s Likely SCOTUS Choices<http://electionlawblog.org/?p=84571>
Posted on July 25, 2016 5:22 pm<http://electionlawblog.org/?p=84571> by Rick Hasen<http://electionlawblog.org/?author=3>

Via Right Wing Watch:<http://www.rightwingwatch.org/content/trump-lawyer-who-trashed-campaign-finance-laws-scotus-list-shows-how-trump-will-govern>

The Supreme Court was a major topic at the event, as it was throughout the convention, where the court was cited frequently as the ultimate reason for conservative voters to back Trump despite whatever qualms they might have.

Making that point most extensively was Trump counsel McGahn<http://www.newsweek.com/other-donald-behind-donald-trump-457514>, who called the list of 11 potential Supreme Court nominees released by the Trump campaign<http://www.rightwingwatch.org/content/trump-releases-supreme-court-list-including-conservative-dream-justices> the most important insight into how Trump will govern. “For those conservatives who are on the fence…I would counsel them to take a very hard look at this list and I would also counsel them to take a very hard look at what’s at stake in this election.”

McGahn said the list presents “a defining moment” and “a very, very, very clear choice for Americans.” It contains no moderate or “squishy” judges, he said, “no stealth candidates” and “no David Souters.” A number of them, he noted, clerked for Justice Clarence Thomas or the late Justice Antonin Scalia.

“Everyone on the list is already wearing a black robe,” McGhan said. He explained that there were a number of state Supreme Court justices on the list because many conservative “rising stars” whose age puts them in the “sweet spot” for a Supreme Court nomination are not on the federal bench:

Frankly, anyone in what I consider to be the sweet spot barely had an opportunity to be considered for chance to be considered for a federal court appointment in the last Republican administration so I think the rising stars who are conservative, conservative-libertarian, movement conservative, whatever one wants to label themselves, constitutionalist, textualist, etc., etc., are really going to be found on the state courts, simply because that’s where we are generationally.

McGahn did praise by name a few of the federal judges on the list, including William Pryor and Diane Sykes<http://www.rightwingwatch.org/content/if-republicans-get-their-wish-supreme-court-what-would-trump-or-cruz-do>. And he mentioned state Supreme Court justices Allison Eid of Colorado and Don Willett<http://www.rightwingwatch.org/content/donald-trump-wants-justice-who-repeatedly-mocked-him-supreme-court> of Texas, an anti-regulatory judge<http://reason.com/blog/2016/04/07/conservative-wish-list-of-scotus-replace> whose opinion in a Texas licensing case McGahn called “a manifesto on economic liberty we have not seen in our lifetime.”
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“DNC Seeks Dismissal of Lawsuit Alleging Donor Deception”<http://electionlawblog.org/?p=84569>
Posted on July 25, 2016 3:59 pm<http://electionlawblog.org/?p=84569> by Rick Hasen<http://electionlawblog.org/?author=3>

Jacob Gershman<http://blogs.wsj.com/law/2016/07/25/dnc-seeks-dismissal-of-lawsuit-alleging-donor-deception/> for the WSJ Law Blog:

Claims that Democratic Party leaders conspired to squash the presidential primary campaign of Sen. Bernie Sanders have not only led to a party shake-up<http://www.wsj.com/articles/debbie-wasserman-schultz-drowned-out-by-democratic-party-hecklers-1469459962> but have sparked class-action litigation<http://online.wsj.com/public/resources/documents/2016_0722_dnc_wilding2.pdf>.

A trove of hacked party emails posted by WikiLeaks show that Democratic National Committee officials had worked to undermine the underdog campaign of Mr. Sanders.

Weeks before the firestorm erupted<http://www.wsj.com/articles/debbie-wasserman-schultz-drowned-out-by-democratic-party-hecklers-1469459962>, culminating in the resignation of party chief Debbie Wasserman Schultz, a group of plaintiffs brought a lawsuit in federal court alleging that DNC “actively concealed its bias” from its donors and Democrats backing Mr. Sanders.

The plaintiffs, about 150 of whom are identified in the lawsuit, are mostly Sanders supporters and include a number of DNC donors.
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Posted in political parties<http://electionlawblog.org/?cat=25>

“Voter ID lawsuits sowing confusion”<http://electionlawblog.org/?p=84567>
Posted on July 25, 2016 3:55 pm<http://electionlawblog.org/?p=84567> by Rick Hasen<http://electionlawblog.org/?author=3>

Reid Wilson<http://thehill.com/homenews/campaign/289098-lawsuits-sowing-confusion-over-voting-rights> for The Hill:

In recent weeks, several courts have issued rulings blocking or upholding the laws, but those rulings have at times been contradictory, sowing even more confusion.

The suits, which have spent years in a maze of federal courts, focus mainly on laws passed by Republican-led legislatures after the 2010 midterm elections. Those laws, voting rights advocates say, are part of a determined strategy to restrict access to the ballot box.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“A law professor answers: are corporations citizens?”<http://electionlawblog.org/?p=84565>
Posted on July 25, 2016 3:52 pm<http://electionlawblog.org/?p=84565> by Rick Hasen<http://electionlawblog.org/?author=3>

WMNF interviews <http://www.wmnf.org/a-law-professor-answers-are-corporations-citizens/> Ciara Torres-Spelliscy.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“U.S. attorney opens probe of Malloy’s 2014 campaign fundraising”<http://electionlawblog.org/?p=84563>
Posted on July 25, 2016 8:50 am<http://electionlawblog.org/?p=84563> by Rick Hasen<http://electionlawblog.org/?author=3>

CT Mirror<http://ctmirror.org/2016/07/22/grand-jury-to-probe-democrats-fundraising-for-malloys-re-election/>:

The federal investigation is a major political complication for Malloy at time when he is in the spotlight as chairman of the Democratic Governors Association and a campaign surrogate for Hillary Clinton. She will become the first woman to win a major-party nomination for president next week at the Democratic National Convention, where Malloy is expected to speak.

It comes after a thinly veiled public appeal by Charles Urso, a retired elections investigator and FBI agent, for a deeper look at how Malloy accepted $6.5 million in public financing, which required him to sign an affidavit promising to abide by spending restrictions and contribution of no more than $100, and also benefitted from state contractor contributions of up to $10,000 to the state party.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>

“Voting rights lawsuit filed over Texas statewide judicial elections”<http://electionlawblog.org/?p=84561>
Posted on July 25, 2016 8:42 am<http://electionlawblog.org/?p=84561> by Rick Hasen<http://electionlawblog.org/?author=3>

Kuff’s World.<http://blog.chron.com/kuffsworld/2016/07/voting-rights-lawsuit-filed-over-texas-statewide-judicial-elections/>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Convention Delegates Win Settlement in Free Speech Lawsuit Against Federal Election Commission”<http://electionlawblog.org/?p=84559>
Posted on July 25, 2016 8:39 am<http://electionlawblog.org/?p=84559> by Rick Hasen<http://electionlawblog.org/?author=3>

Release<https://www.pillaroflaw.org/index.php/blog/entry/convention-delegates-win-settlement-in-free-speech-lawsuit-against-federal-election-commission>:

Two delegates to the Republican National Convention settled a lawsuit on Friday<https://pillaroflaw.org/images/PDFs/PillarvFECSettlement.pdf>against the Federal Election Commission (FEC), Two Unnamed Plaintiffs v. FEC. These delegates were represented by attorneys from the Pillar of Law Institute, which was also a plaintiff in the case. The delegates and Pillar brought suit in Wyoming federal court due to a ban against giving any assistance to delegates by corporations, even non-profits.

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, federal election commission<http://electionlawblog.org/?cat=24>, political parties<http://electionlawblog.org/?cat=25>

“With crucial election looming, voting rights are even more important”<http://electionlawblog.org/?p=84557>
Posted on July 25, 2016 8:34 am<http://electionlawblog.org/?p=84557> by Rick Hasen<http://electionlawblog.org/?author=3>

LAT editorial.<http://www.latimes.com/opinion/editorials/la-ed-election-voting-supreme-court-texas-20160722-snap-story.html>
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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
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http://electionlawblog.org<http://electionlawblog.org/>
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