[EL] ELB News and Commentary 11/2/16

Rick Hasen rhasen at law.uci.edu
Tue Nov 1 21:28:44 PDT 2016 

“Behind Closed Doors, Measures to Reform City’s Campaign Laws Raise Concerns”<http://electionlawblog.org/?p=88484>
Posted on November 1, 2016 9:24 pm<http://electionlawblog.org/?p=88484> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/11/02/nyregion/behind-closed-doors-measures-to-reform-citys-campaign-laws-raise-concerns.html?ref=politics>
Three years after the 2013 elections revealed serious flaws in New York City’s campaign finance laws, the City Council<http://topics.nytimes.com/top/reference/timestopics/organizations/c/city_council_new_york_city/index.html?inline=nyt-org> may finally be moving to fix some of the worst problems — but not without including a few changes that would benefit individual Council members.
Up to a dozen new bills are being shaped behind closed doors, and although no drafts have been released yet, word coming from the Council has alarmed some of the city’s most persistent and careful advocates for better and fairer elections. At least some of the legislation being discussed would make it easier for candidates to amass war chests of public money for future races, or to spend campaign money on expenses that are not permitted by the city law but are for state politicians. By way of egregious example, one powerful state senator used campaign money to buy covers for his swimming pool, somehow deeming them not to be a personal expense.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88484&title=%E2%80%9CBehind%20Closed%20Doors%2C%20Measures%20to%20Reform%20City%E2%80%99s%20Campaign%20Laws%20Raise%20Concerns%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>


“Scary Dogs! Rigged Machines! Votes From the Grave! This Election, Paranoia Reigns”<http://electionlawblog.org/?p=88482>
Posted on November 1, 2016 9:21 pm<http://electionlawblog.org/?p=88482> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT reports.<http://www.nytimes.com/2016/11/02/us/politics/voter-fraud-anxiety.html?ref=politics>

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88482&title=%E2%80%9CScary%20Dogs!%20Rigged%20Machines!%20Votes%20From%20the%20Grave!%20This%20Election%2C%20Paranoia%20Reigns%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


Must See TV: Steve Chamraz of WTMJ Shows Concerns About “Zombie Voters” Unwarranted<http://electionlawblog.org/?p=88480>
Posted on November 1, 2016 8:58 pm<http://electionlawblog.org/?p=88480> by Rick Hasen<http://electionlawblog.org/?author=3>
There’s lots of talk about the potential for dead voters voting, but how likely is it. Not very.  But it takes a lot of legwork to show it.
Watch this report from Milwaukee:<http://www.tmj4.com/longform/i-team-search-for-zombie-voters-turns-up-nothing-but-ghosts>
The I-TEAM purchased from the Wisconsin Elections Commission voting records from the November, 2012 general election. Narrowing our focus to Brown, Milwaukee and Waukesha counties, we looked at 828,684 records of people who cast a ballot in the last presidential race.
Using the first, middle and last names of those voters, plus their zip codes, we looked for matches in the Social Security Administration’s “master death file.”
That database contains information on every person declared dead by Social Security dating back decades.
What we found were 362 cases where the first, middle and last names, plus the zip codes of 2012 voters matched with a person declared dead and listed in the master death file.
If you think that proves ballots were cast in the name of dead people, think again….
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88480&title=Must%20See%20TV%3A%20Steve%20Chamraz%20of%20WTMJ%20Shows%20Concerns%20About%20%E2%80%9CZombie%20Voters%E2%80%9D%20Unwarranted>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Black Turnout Falls in Early Voting, Boding Ill for Hillary Clinton”<http://electionlawblog.org/?p=88478>
Posted on November 1, 2016 8:00 pm<http://electionlawblog.org/?p=88478> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT reports.<http://www.nytimes.com/2016/11/02/us/politics/black-turnout-falls-in-early-voting-boding-ill-for-hillary-clinton.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news&_r=0>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88478&title=%E2%80%9CBlack%20Turnout%20Falls%20in%20Early%20Voting%2C%20Boding%20Ill%20for%20Hillary%20Clinton%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>




“Trump reminds early voters in some states they can legally change their votes from Clinton to him”<http://electionlawblog.org/?p=88476>
Posted on November 1, 2016 7:49 pm<http://electionlawblog.org/?p=88476> by Rick Hasen<http://electionlawblog.org/?author=3>
Jenna Johnson<https://www.washingtonpost.com/news/post-politics/wp/2016/11/01/trump-reminds-early-voters-in-some-states-they-can-legally-change-their-votes-from-clinton-to-him/> for Wapo:
But it’s unlikely that Trump’s newest voter outreach effort will net many votes, as there’s no evidence that many voters who were motivated enough to vote early will change their minds. A Washington Post-ABC News tracking poll released Sunday found that most voters didn’t think Comey’s letter would make them less likely to vote for Clinton — and two-thirds of those who said that it did were Republicans. A poll from Politico and Morning Consult had similar results.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


Striking Philly Transit Union Uses Potential Election Chaos as Leverage<http://electionlawblog.org/?p=88474>
Posted on November 1, 2016 7:19 pm<http://electionlawblog.org/?p=88474> by Rick Hasen<http://electionlawblog.org/?author=3>
Philadelphia Inquirer:<http://www.philly.com/philly/business/Timing-is-everything-in-the-minuet-of-a-labor-strike-SEPTA.html>
Two points about the SEPTA timing: TWU Local 234 stayed firm to its pledge to walk out if no agreement was reached by the 12:01 a.m. deadline. And, the deadline was just eight days before one of the most hotly contested presidential races in recent history.
“The union knows it has tremendous leverage,” said DiNome’s partner, Michael Jones, another management lawyer at Reed Smith. “To the extent Pennsylvania is in play in this election, Philadelphia is a significant Democratic voting base. There is a Democratic governor and a Democratic mayor. The union knows that the strike is not going to [last until next] Tuesday, and SEPTA knows that too. That will put pressure on SEPTA to cave by Tuesday.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88474&title=Striking%20Philly%20Transit%20Union%20Uses%20Potential%20Election%20Chaos%20as%20Leverage>
Posted in campaigns<http://electionlawblog.org/?cat=59>


Fred Woocher Talks to Bob Stern’s Class on Citizens United, Prop 59, and More<http://electionlawblog.org/?p=88472>
Posted on November 1, 2016 7:04 pm<http://electionlawblog.org/?p=88472> by Rick Hasen<http://electionlawblog.org/?author=3>
Listen and learn<https://soundcloud.com/ucla-extension/wk-6-the-nov-election-podcast-wfred-woocher>.
Bob’s description:
This is a podcast for about 20 minutes of my sixth class at UCLA Extension with Fred Woocher, one of the leading campaign finance lawyers in California, who discusses the Citizens United case; independent expenditures; Prop.59, the advisory measure on Citizens United; and dark money.
Fred  was named one of the 100 Most Influential Lawyers in California by the Los Angeles Daily Journal. He was nominated by President Clinton to serve as United States District Court Judge for the Central District of California, but the nomination expired when the Senate adjourned without having taken action to confirm his nomination.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88472&title=Fred%20Woocher%20Talks%20to%20Bob%20Stern%E2%80%99s%20Class%20on%20Citizens%20United%2C%20Prop%2059%2C%20and%20More>
Posted in campaign finance<http://electionlawblog.org/?cat=10>


“RNC’s Lawyers Try To Distance Themselves From Trump’s ‘Rigged Election’ Claims”<http://electionlawblog.org/?p=88470>
Posted on November 1, 2016 6:55 pm<http://electionlawblog.org/?p=88470> by Rick Hasen<http://electionlawblog.org/?author=3>
Must read<https://www.buzzfeed.com/chrisgeidner/dnc-v-rnc-ballot-security-consent-decree-fight?utm_term=.owkEM2lxkl#.hrE3nwDe5D> from Chris Geidner at BuzzFeed:
In the RNC’s filing earlier Monday, the committee’s general counsel submitted a 16-page declaration<https://assets.documentcloud.org/documents/3212053/DNCvRNC-Phillippe.pdf> that, for several pages, explained how the Trump campaign’s activities should not be attributed to the RNC.
“On behalf of the RNC, I have made clear to the Trump campaign that the RNC cannot and will not be involved in any way with ballot security activities or Election Day operations,” RNC chief counsel John R. Phillippe Jr. wrote.
Throughout the Monday filings, the RNC painted a picture of a wholly independent presidential campaign, with the RNC’s lawyers arguing, “The RNC has likewise never authorized the Trump campaign to act on its behalf. Just the opposite. The RNC has repeatedly informed its staff and the Trump campaign that neither Donald Trump nor his campaign speaks or acts for or on behalf of the RNC.”
As to Trump’s focus on voter fraud claims specifically, Phillippe stated, “In August 2016, when I perceived that Mr. Trump was likely to emphasize vote fraud in his campaign, I started to put an even greater emphasis on training regarding the consent decree than in past cycles.”
I think the key legal question is not whether the RNC and Trump campaign are cooperating on “ballot security” measures. But instead whether they are acting in concert together, and are agents of one another. It that’s the test, the RNC could well be caught in whatever it is Trump has done.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


Emergency Hearing Set for Tomorrow in NV Dem Lawsuit About Voter Intimidation<http://electionlawblog.org/?p=88468>
Posted on November 1, 2016 4:29 pm<http://electionlawblog.org/?p=88468> by Rick Hasen<http://electionlawblog.org/?author=3>
Case Name:

Nevada State Democratic Party v. Nevada Republican Party et al

Case Number:

2:16-cv-02514-RFB-NJK<https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?118313>

Filer:

Document Number:

15(No document attached)


Docket Text:
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 11/1/2016.
IT IS ORDERED that a Hearing regarding the [6] Emergency MOTION for Temporary Restraining Order is set for November 2, 2016 at 3:30 PM in LV Courtroom 7C before Judge Richard F. Boulware, II.
The judge<http://www.nvd.uscourts.gov/Bio/rfBoulware.aspx> is a 2014 Obama appointee, Columbia law grad, and former federal public defender.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88468&title=Emergency%20Hearing%20Set%20for%20Tomorrow%20in%20NV%20Dem%20Lawsuit%20About%20Voter%20Intimidation>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Plans To Watch Polls For Fraud Raise Fears Of Intimidation”<http://electionlawblog.org/?p=88466>
Posted on November 1, 2016 4:25 pm<http://electionlawblog.org/?p=88466> by Rick Hasen<http://electionlawblog.org/?author=3>
Pam Fessler reports <http://www.npr.org/2016/10/31/500115493/civil-rights-groups-raise-concerns-about-poll-watchers-on-election-day> for NPR.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88466&title=%E2%80%9CPlans%20To%20Watch%20Polls%20For%20Fraud%20Raise%20Fears%20Of%20Intimidation%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Disney Breaks Its Own Spending Record in This Year’s Anaheim Council Election”<http://electionlawblog.org/?p=88464>
Posted on November 1, 2016 4:14 pm<http://electionlawblog.org/?p=88464> by Rick Hasen<http://electionlawblog.org/?author=3>
Voice of OC:<http://voiceofoc.org/2016/11/disney-breaks-its-own-spending-record-in-anaheim-election/>
With a week to go until the election, The Walt Disney Company’s spending on Anaheim City Council races has blown past the record it set in 2014 and is approaching the $1-million mark, according to the most recent campaign finance filings.
The parent company of Disneyland has funneled more than $900,000 into a complicated network of groups supporting Disney-friendly candidates in four council races and attacking their opponents, according to a Voice of OC review of the campaign finance disclosures.
There is good reason for the heavy campaign spending, which is far more than any other individual or group is committing to the various races. The city is holding its first districts-based election, which has expanded the City Council – and the political turf that the company needs to defend….

  *   Disney’s money follows a complicated path — typically flowing from group to group with names like “Orange County Freedom Fund” and “California Taxpayers Association,” before being spent on mailers that bear no trace of Disney’s sponsorship. Often there are three separate committees between Disney money and the attack mailers.
  *   Most of the Disney spending has flowed through a committee called “Moving Orange County Forward.” And while the company gave $475,000 directly to the group, another $414,000 arrived through a much more circuitous route. Disney gave that money to eight separate committees – like the California Apartment Association PAC and Building Industries of Southern Claifornia PAC – that in turn gave $480,000 to Moving Orange County Forwar
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


“Will a major cyberattack strike the internet on US election day?”<http://electionlawblog.org/?p=88460>
Posted on November 1, 2016 3:36 pm<http://electionlawblog.org/?p=88460> by Rick Hasen<http://electionlawblog.org/?author=3>
IBT reports.<http://www.ibtimes.co.uk/will-major-cyberattack-strike-internet-us-election-day-1589326>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88460&title=%E2%80%9CWill%20a%20major%20cyberattack%20strike%20the%20internet%20on%20US%20election%20day%3F%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>


Goldfeder Presidential Quiz<http://electionlawblog.org/?p=88458>
Posted on November 1, 2016 3:32 pm<http://electionlawblog.org/?p=88458> by Rick Hasen<http://electionlawblog.org/?author=3>
Killing time till next week?<http://www.stroock.com/files/upload/JerryGoldfederDailyQuiz.pdf>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88458&title=Goldfeder%20Presidential%20Quiz>


Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“How Donald Trump’s Lawyers Could Make Sure This Godawful Election Never Ends”<http://electionlawblog.org/?p=88456>
Posted on November 1, 2016 3:21 pm<http://electionlawblog.org/?p=88456> by Rick Hasen<http://electionlawblog.org/?author=3>
Jay Willis <http://www.gq.com/story/donald-trump-legal-options-if-he-loses> for GQ.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88456&title=%E2%80%9CHow%20Donald%20Trump%E2%80%99s%20Lawyers%20Could%20Make%20Sure%20This%20Godawful%20Election%20Never%20Ends%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, recounts<http://electionlawblog.org/?cat=50>


“Judge in Trump voter intimidation suit wants to know if campaign coordinated with GOP”<http://electionlawblog.org/?p=88454>
Posted on November 1, 2016 3:09 pm<http://electionlawblog.org/?p=88454> by Rick Hasen<http://electionlawblog.org/?author=3>
Jonathan Salant<http://www.nj.com/politics/index.ssf/2016/11/judge_in_trump_voter_intimidation_lawsuit_seeks_information_about_coordination_with_gop.html> for NJ.com.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88454&title=%E2%80%9CJudge%20in%20Trump%20voter%20intimidation%20suit%20wants%20to%20know%20if%20campaign%20coordinated%20with%20GOP%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“A Critical Error in Early Voting” in MD<http://electionlawblog.org/?p=88452>
Posted on November 1, 2016 3:07 pm<http://electionlawblog.org/?p=88452> by Rick Hasen<http://electionlawblog.org/?author=3>
Sounds like a big snafu<http://www.theseventhstate.com/?p=7243> in Md:
On Saturday, I was given a ballot by election officials at the Wheaton early voting site that would have allowed me to vote for John Sarbanes for Congress.  The problem is that I live in Jamie Raskin’s district.  And after I posted the story on Facebook, three friends of mine said that similar things happened to them.  This incident points to a significant flaw in the early voting system that needs to be addressed.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88452&title=%E2%80%9CA%20Critical%20Error%20in%20Early%20Voting%E2%80%9D%20in%20MD>
Posted in election administration<http://electionlawblog.org/?cat=18>


“Schimel gave leak cursory review”<http://electionlawblog.org/?p=88450>
Posted on November 1, 2016 3:02 pm<http://electionlawblog.org/?p=88450> by Rick Hasen<http://electionlawblog.org/?author=3>
Patrick Marley:<http://www.jsonline.com/story/news/politics/2016/11/01/schimel-gave-leak-cursory-review/93120344/>
Attorney General Brad Schimel’s initial inquiry into a leak of John Doe documents was so cursory no one from his office contacted prosecutors who had access to the material.
And while the Republican attorney general hopes to launch a full-scale investigation to pursue a probe of a leak that was damaging to conservatives, he opposes expanding it to include earlier leaks that helped them.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88450&title=%E2%80%9CSchimel%20gave%20leak%20cursory%20review%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>


“Democrats sue Trump, Republicans in four states and allege ‘campaign of vigilante voter intimidation’”<http://electionlawblog.org/?p=88447>
Posted on November 1, 2016 2:55 pm<http://electionlawblog.org/?p=88447> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo reports.<https://www.washingtonpost.com/news/post-nation/wp/2016/11/01/democrats-sue-trump-republicans-in-four-states-and-allege-campaign-of-vigilante-voter-intimidation/?postshare=811478036794889&tid=ss_tw&utm_term=.730c4d749186>

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


“UPDATE: Federal judge upholds Montana campaign disclosure law”<http://electionlawblog.org/?p=88445>
Posted on November 1, 2016 2:49 pm<http://electionlawblog.org/?p=88445> by Rick Hasen<http://electionlawblog.org/?author=3>
AP:<http://helenair.com/news/politics/update-federal-judge-upholds-montana-campaign-disclosure-law/article_07cd4987-c2d4-5a16-8633-340710ca335d.html>
Montana’s new campaign disclosure law has survived its first test, with a federal judge rejecting arguments that it unconstitutionally interferes with the free speech of groups that want to influence elections without revealing where they get their money or how they spend it.
U.S. District Judge Dana Christensen, in ruling for the state Monday, cited the U.S. Supreme Court’s Citizens United decision in 2010 that allowed unlimited corporate spending in elections. In that case, the justices ruled that although disclosure requirements burden the ability to speak, they are constitutional because they don’t prevent anyone from speaking.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>


“Who Watches the Poll Watchers?”<http://electionlawblog.org/?p=88443>
Posted on November 1, 2016 2:38 pm<http://electionlawblog.org/?p=88443> by Rick Hasen<http://electionlawblog.org/?author=3>
Dahlia Lithwick:<http://www.slate.com/articles/news_and_politics/jurisprudence/2016/11/can_the_courts_stop_trump_supporters_from_harassing_voters.html>
In an election year that has brought out the very worst in us, the mounting anxiety around the act of voting itself should hardly surprise us. Taking cues from the Republican National Committee’s decades-old playbook<http://www.nytimes.com/2016/10/31/opinion/the-rncs-dont-get-out-the-vote-drives.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-right-region&region=opinion-c-col-right-region&WT.nav=opinion-c-col-right-region>, Donald Trump’s campaign and his supporters are subtly pushing an agenda of voter suppression, intimidation, and harassment. If America’s new “silent majority<http://www.vox.com/policy-and-politics/2016/10/19/13288594/new-silent-majority>” of Hillary Clinton voters is afraid of its own polling places, that only benefits Trump and the Republican Party. The fact that voter intimidation imperils democracy itself? A feature, not a bug.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Federal judge orders Ohio Republicans, Trump’s campaign to respond to voter-intimidation lawsuit”<http://electionlawblog.org/?p=88440>
Posted on November 1, 2016 2:02 pm<http://electionlawblog.org/?p=88440> by Rick Hasen<http://electionlawblog.org/?author=3>
Cleveland Plain Dealer:<http://www.cleveland.com/court-justice/index.ssf/2016/11/federal_judge_orders_ohio_repu.html>
A federal judge has given the Ohio Republican Party, Donald Trump’s campaign and a longtime adviser until the end of Wednesday to respond to a lawsuit state Democrats filed that said the Republicans are engaging in voter intimidation.
The order entered by U.S. District Judge James Gwin in Cleveland says the defendants “shall respond as to whether they have any objection to the entrance of an order limiting voter intimidation or an order limiting people at polling locations who are not authorized poll watchers or outside the polling stations.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


Read the Supplemental 9th Cir. Briefs in AZ “Ballot Harvesting” Case<http://electionlawblog.org/?p=88435>
Posted on November 1, 2016 10:00 am<http://electionlawblog.org/?p=88435> by Rick Hasen<http://electionlawblog.org/?author=3>
This is the one<http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000847> that might go en banc:
10/31/2016

Supplemental Brief – Republican Party<http://cdn.ca9.uscourts.gov/datastore/general/2016/10/31/republican.pdf>

10/31/2016

Supplemental Brief – Plaintiffs-Appellants<http://cdn.ca9.uscourts.gov/datastore/general/2016/10/31/plaintiff.pdf>

10/31/2016

Supplemental Brief – Arizona-Appellees<http://cdn.ca9.uscourts.gov/datastore/general/2016/10/31/state.pdf>

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88435&title=Read%20the%20Supplemental%209th%20Cir.%20Briefs%20in%20AZ%20%E2%80%9CBallot%20Harvesting%E2%80%9D%20Case>
Posted in absentee ballots<http://electionlawblog.org/?cat=53>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


Fan Voicemail (Racist Homophobic Texas Edition)<http://electionlawblog.org/?p=88432>
Posted on November 1, 2016 8:25 am<http://electionlawblog.org/?p=88432> by Rick Hasen<http://electionlawblog.org/?author=3>
Listen.<http://electionlawblog.org/wp-content/uploads/Texas-Vm.m4a>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88432&title=Fan%20Voicemail%20(Racist%20Homophobic%20Texas%20Edition)>
Posted in chicanery<http://electionlawblog.org/?cat=12>


“Clinton, Trump Prepare for Possibility of Election Overtime”<http://electionlawblog.org/?p=88430>
Posted on November 1, 2016 8:12 am<http://electionlawblog.org/?p=88430> by Rick Hasen<http://electionlawblog.org/?author=3>
Bloomberg reports.<http://www.bloomberg.com/politics/articles/2016-11-01/clinton-and-trump-prepare-for-possibility-of-election-overtime>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88430&title=%E2%80%9CClinton%2C%20Trump%20Prepare%20for%20Possibility%20of%20Election%20Overtime%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Better hope the election’s not close: Michael McDonald”<http://electionlawblog.org/?p=88428>
Posted on November 1, 2016 8:06 am<http://electionlawblog.org/?p=88428> by Rick Hasen<http://electionlawblog.org/?author=3>
USA Today oped:<http://www.usatoday.com/story/opinion/2016/11/01/election-rigging-ballots-trump-ohio-column/93075450/>
A Democratic shift from election night to the final tally of votes is predictable. All states count some ballots late, and those tend to break towards Democrats. Nothing nefarious occurs: the casting and counting follow procedures laid out in state law. Some of the states that count more late ballots are key battlegrounds, magnifying the suspense on Election Night.
Mail ballots are one of two types that can shift election results. Many states require mail ballots to be received by election officials on Election Day. Others continue to accept ballots postmarked on Election Day, up to two weeks following the election. Among these states are Iowa, North Carolina, Ohio, and Wisconsin.
These late ballots may break towards the Democrats. My analysis shows more Democrats than Republicans in Iowa and North Carolina have yet to return their mail ballots. Why? These voters tend to be younger people who tend to return their ballots later. If Trump is slightly ahead in a late mail-ballot return state, he could fall behind after all the mail ballots are counted.
Then there are provisional ballots. States are required under federal law to provide them to anyone with a problem at the polls — a voter who doesn’t have the required form of ID, for instance, or whose name is missing from the voter registration rolls. Election officials review provisional ballots and allow voters to clarify their eligibility after Election Day. In the four states that report separate results for provisional ballots<http://www.huffingtonpost.com/michael-p-mcdonald/2012-voting-results_b_2469451.html>, the voters who cast them broke strongly for the Democrats. So if the presidential race is particularly close, provisional ballots could tilt it….
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88428&title=%E2%80%9CBetter%20hope%20the%20election%E2%80%99s%20not%20close%3A%20Michael%20McDonald%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Seminole elections office receives five stolen, forged absentee ballots”<http://electionlawblog.org/?p=88426>
Posted on November 1, 2016 7:57 am<http://electionlawblog.org/?p=88426> by Rick Hasen<http://electionlawblog.org/?author=3>
The Orlando Sentinel reports.<http://www.orlandosentinel.com/news/breaking-news/os-seminole-county-election-fraud--joy-mcgahey-and-her-husband-matt-who-live-20161031-story.html>

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Posted in absentee ballots<http://electionlawblog.org/?cat=53>, chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>


“Flouting Federal Courts On Voter ID Isn’t Helping Texas’ Legal Defense”<http://electionlawblog.org/?p=88424>
Posted on November 1, 2016 7:55 am<http://electionlawblog.org/?p=88424> by Rick Hasen<http://electionlawblog.org/?author=3>
Tierney Sneed<http://talkingpointsmemo.com/muckraker/texas-voter-id-county-officials-misinformation> for TPM.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88424&title=%E2%80%9CFlouting%20Federal%20Courts%20On%20Voter%20ID%20Isn%E2%80%99t%20Helping%20Texas%E2%80%99%20Legal%20Defense%E2%80%9D>
Posted in election 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>


“Protecting the Right to Vote in Missouri”<http://electionlawblog.org/?p=88421>
Posted on November 1, 2016 7:54 am<http://electionlawblog.org/?p=88421> by Rick Hasen<http://electionlawblog.org/?author=3>
Josh Douglas St. Louis Post-Dispatch oped.<http://www.stltoday.com/news/opinion/protecting-the-right-to-vote-in-missouri/article_03a9e40f-d87a-52a2-9cb2-b78e976265be.html>
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>


“Overseas Voting: Strategies for Engaging Every Voter”<http://electionlawblog.org/?p=88419>
Posted on November 1, 2016 7:52 am<http://electionlawblog.org/?p=88419> by Rick Hasen<http://electionlawblog.org/?author=3>
>>DOWNLOAD THE REPORT <<<http://www.csg.org/ovi/documents/CSGOVI_2016_recommendations_report.pdf>
From The Council of State Governments’ OVI Policy Working Group Co-chairs:
As co-chairs of The Council of State Governments Overseas Voting Initiative Policy Working Group, it is our great pleasure to release the detailed report concerning the working group’s recommendations to improve the voting experience for our military and overseas voters. In late 2013, The Council of State Governments, or CSG, and the U.S. Department of Defense Federal Voting Assistance Program, or FVAP, entered into a four-year partnership to improve the voting process for service members, their families and U.S. citizens living abroad. One component of the CSG Overseas Voting Initiative, or OVI, was the creation of a Policy Working Group composed of state and local election officials. We—Kim Wyman, Washington secretary of state, and David Stafford, supervisor of elections for Escambia County, Florida—had the pleasure of working with the following talented and dedicated election officials on the Policy Working Group:

  *   Secretary of State Kim Wyman, Washington
  *   Supervisor of Elections David Stafford, Escambia County, Florida
  *   Secretary of State Jim Condos, Vermont
  *   Executive Director Lance Gough, Board of Election Commissioners, Chicago
  *   Secretary of State Jon A. Husted, Ohio
  *   Director of Elections Keith Ingram, Texas
  *   Director and General Counsel Kevin Kennedy, Government Accountability Board, Wisconsin
  *   Senior Adviser Tammy Patrick, Bipartisan Policy Center
  *   Director of Elections Gary Poser, Minnesota
  *   Registrar of Voters Michael Vu, San Diego County, California

As the foundation of this work effort, the OVI Policy Working Group examined successful programs and practices across
the country as well as recommendations from the Presidential Commission on Election Administration related to military and overseas voting. The OVI Policy Working Group met in person in San Antonio, Texas; Pensacola, Florida; and Orange County, California. These locations were chosen for their proximity to U.S. military installations, which facilitated conversations with local military voting assistance officers and installation commanders. In San Antonio and Pensacola, we were able to make onsite visits to the installations. Our meetings also included presentations from academics, election data analysts, U.S. Election Assistance Commissioners, Federal Voting Assistance Program officials, and state and local election officials. The OVI Policy Working Group also held several teleconference meetings as we worked toward our final recommendations.
The product of the OVI Policy Working Group is the result of the collaboration of a bipartisan assemblage of elected and appointed officials and should be viewed as the collaborative work of the committee, not necessarily representing the positions or beliefs of any individual working group member. Although the members of the working group represent a wide diversity of voting populations, we all experience similar challenges when it comes to providing ballots to military and overseas voters, and are likewise committed to improving the process. Our policy recommendations reflect a commonsense, actionable and practical approach to facilitating the overseas voting process regardless of jurisdiction size or structure. Our recommendations include:
Voter Communication:


  *   Use plain language.
  *   Make effective use of election websites and social media platforms.
  *   Create more user-friendly electronic ballot return envelopes.
  *   Communicate to voters when the ballot application is accepted.
  *   Provide information to voters about what is on the ballot. Voter Registration:
  *   Treat the Federal Post Card Application, or FPCA, as a permanent request for voter registration.
  *   Establish a default validity period for the FPCA mail ballot request.
  *   States that provide online voter registration should incorporate online registration for military and overseas voters.

Engagement with the U.S. Military Community:


  *   Establish partnerships between state and local election officials and local military installations.

We encourage you to read the full report for more explanation. All of our recommendations are currently in place in some jurisdictions throughout the county and are considered best practices by the OVI Policy Working Group. With the exception of the recommendation for permanent voter registration for FPCA voters, most of the recommendations can be implemented immediately by state and local election officials without legislative changes. It is our sincere hope that this report will provide state policymakers and state and local election officials with actionable recommendations that will better serve America’s military and overseas voters, and improve the rate of timely returned and counted ballots from this population.
Sincerely,

Kim Wyman
Secretary of State
Washington

David Stafford
Supervisor of Elections
Escambia County
Florida

>>DOWNLOAD THE REPORT <<<http://www.csg.org/ovi/documents/CSGOVI_2016_recommendations_report_000.pdf>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88419&title=%E2%80%9COverseas%20Voting%3A%20Strategies%20for%20Engaging%20Every%20Voter%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>


“Emergency petition ‘last shot’ to legalize ballot selfies before Election Day”<http://electionlawblog.org/?p=88417>
Posted on November 1, 2016 7:49 am<http://electionlawblog.org/?p=88417> by Rick Hasen<http://electionlawblog.org/?author=3>
In Michigan,<http://www.mlive.com/news/index.ssf/2016/10/michigan_ballot_selfie_fight_c.html#incart_river_index_topics> a 6th Circuit petition for rehearing en banc.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88417&title=%E2%80%9CEmergency%20petition%20%E2%80%98last%20shot%E2%80%99%20to%20legalize%20ballot%20selfies%20before%20Election%20Day%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>


Hearing Set for Tomorrow in NAACP NC Voter Purge Case<http://electionlawblog.org/?p=88414>
Posted on November 1, 2016 7:46 am<http://electionlawblog.org/?p=88414> by Rick Hasen<http://electionlawblog.org/?author=3>
Order.<http://electionlawblog.org/wp-content/uploads/2438191-0-1296.pdf>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88414&title=Hearing%20Set%20for%20Tomorrow%20in%20NAACP%20NC%20Voter%20Purge%20Case>
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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