[EL] (Three voters) Re: more news 11/7/16

[Thomas J. Cares]

(...fine. I skimmed the opinion. It only allowed them to cast provisional
ballots. 100% appropriate to avoid irreparable harm to both sides.)

On Monday, November 7, 2016, Thomas J. Cares <Tom at tomcares.com> wrote:

> "“Both sides have a substantial likelihood of success on the merits.”
> That’s not how it works. If both sides have equally strong arguments, then
> the party bearing the burden of proof loses."
>
> (...what about balance of harm and irreparable harm. If they are
> prohibited from voting in this election, it does irreparable harm to their
> franchise and their power in society. Whereas the state is not harmed, and
> does not lose any power, by letting three eligible voters vote. I'm
> imagining that is why it worked that way.
>
> I don't even have time to read the opinion so I probably shouldn't be
> emailing about it, but I am guessing it says something to that effect.)
>
>
> On Monday, November 7, 2016, Rick Hasen <rhasen at law.uci.edu
> <javascript:_e(%7B%7D,'cvml','rhasen at law.uci.edu');>> wrote:
>
>> *MA Court, Relying on State Constitution, Allows Three Voters to Vote Who
>> Missed Registration Deadline <http://electionlawblog.org/?p=88951>*
>>
>> Posted on November 7, 2016 3:55 pm <http://electionlawblog.org/?p=88951>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> The opinion is here
>> <http://electionlawblog.org/wp-content/uploads/ma-reg.pdf>. (Case
>> brought by ACLU.)
>>
>> Doesn’t really seem to decide anything of significance except for these
>> three voters. And the opinion contains this non-sequitur: “Both sides have
>> a substantial likelihood of success on the merits.” That’s not how it
>> works. If both sides have equally strong arguments, then the party bearing
>> the burden of proof loses.
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88951&title=MA%20Court%2C%20Relying%20on%20State%20Constitution%2C%20Allows%20Three%20Voters%20to%20Vote%20Who%20Missed%20Registration%20Deadline>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>>
>>
>>
>> *“‘I’m Not Getting a Lot of Sleep,’ Says Election Law Prof Rick Hasen”
>> <http://electionlawblog.org/?p=88949>*
>>
>> Posted on November 7, 2016 3:44 pm <http://electionlawblog.org/?p=88949>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> A truer headline has not been written.
>>
>> This is a Q and A
>> <http://www.nationallawjournal.com/id=1202771759093/Im-Not-Getting-a-Lot-of-Sleep-Says-Election-Law-Prof-Rick-Hasen?back=DC&kw=%27I%27m%20Not%20Getting%20a%20Lot%20of%20Sleep%2C%27%20Says%20Election%20Law%20Prof%20Rick%20Hasen&et=editorial&bu=National%20Law%20Journal&cn=20161107&src=EMC-Email&pt=Legal%20Times%20Afternoon%20Update&slreturn=20161007174754>with
>> me at the National Law Journal. The intro:
>>
>> *Rick Hasen’s Election Law Blog typically draws about 3,000 visitors a
>> day, but traffic has tripled and even quadrupled in the final two weeks of
>> the 2016 presidential election.*
>>
>> *It’s no wonder.*
>>
>> *Hasen, a professor at the University of California, Irvine School of
>> Law, is one of the nation’s foremost experts on election law and a go-to
>> source for the media and attorneys who want to know the latest on the
>> races. In recent days Hasen has been called on by the New York Times to
>> explain the law and ethics of so-called ballot selfies, been tapped by
>> seemingly every publication in the country to discuss voter fraud, and even
>> fielded queries from several reporters on the legality of trading oral sex
>> for a Clinton vote. (Both Madonna and a porn star apparently extended such
>> offers to Trump supporters. For the record, Hasen said such deals don’t
>> pass legal muster.) We caught up with Hasen on the eve of the election to
>> find out what the past month has been like for him and how this election
>> cycle has differed from those before. His answers have been edited for
>> length.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88949&title=%E2%80%9C%E2%80%98I%E2%80%99m%20Not%20Getting%20a%20Lot%20of%20Sleep%2C%E2%80%99%20Says%20Election%20Law%20Prof%20Rick%20Hasen%E2%80%9D>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>>
>>
>>
>> *“History Shows that Our Elections Are Rigged—Just Not the Way Donald
>> Trump Thinks They Are” <http://electionlawblog.org/?p=88947>*
>>
>> Posted on November 7, 2016 3:34 pm <http://electionlawblog.org/?p=88947>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Charles Zelden writes. <http://www.processhistory.org/zelden-voting/>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88947&title=%E2%80%9CHistory%20Shows%20that%20Our%20Elections%20Are%20Rigged%E2%80%94Just%20Not%20the%20Way%20Donald%20Trump%20Thinks%20They%20Are%E2%80%9D>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>>
>>
>>
>> *Breaking: Three-Judge Court Rejects Challenge to McCain-Feingold Soft
>> Money Issues, Teeing Up Issue for (New) Supreme Court
>> <http://electionlawblog.org/?p=88945>*
>>
>> Posted on November 7, 2016 3:29 pm <http://electionlawblog.org/?p=88945>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Back in August I wrote at NLJ
>> <http://www.nationallawjournal.com/id=1202734808860/OpEd-The-McCainFeingold-Act-May-Doom-Itself> about
>> Republicans’ third attempt to overturn McCain-Feingold’s limits on how much
>> political parties can raise from donors for election related advertising
>> and other things. I wrote that if the Republicans would be successful in
>> getting a three-judge court, that would put the Supreme Court in a position
>> where, because of technical procedural reasons, it would almost certainly
>> take the case. When I wrote that in August, Justice Scalia was still on the
>> Court, and I said there was a good chance that the Roberts Court, if
>> confronted with the soft money rules, could well overturn them, killing the
>> second part of McCain-Feingold. (The Court killed the first part, the limit
>> on corporate and labor union independent spending, in Citizens United).
>>
>> Well today the three judge court ruled unanimously ruled,
>> <https://t.co/tAQJ54CKFu> and rightly so, that it is bound by the
>> Supreme Court’s earlier decision in the *McConnell* case upholding the
>> soft money rules.
>>
>> So the issue is perfectly teed up through appeal to the Supreme Court.
>> But…
>>
>> no more Justice Scalia means that Court is likely evenly divided at best
>> on the question. So little prospect now the ban would be overturned.
>>
>> If we get a ninth Justice things could change. A Clinton-appointed
>> Justice would almost certainly vote to uphold the limits, while a
>> Trump-appointed Justice would almost certainly vote to strike them down.
>>
>>
>>
>>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88945&title=Breaking%3A%20Three-Judge%20Court%20Rejects%20Challenge%20to%20McCain-Feingold%20Soft%20Money%20Issues%2C%20Teeing%20Up%20Issue%20for%20(New)%20Supreme%20Court>
>>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
>> Court <http://electionlawblog.org/?cat=29>
>>
>>
>>
>> *“The Supreme Court Ruled That Voting Restrictions Were a Bygone Problem.
>> Early Voting Results Suggest Otherwise”
>> <http://electionlawblog.org/?p=88943>*
>>
>> Posted on November 7, 2016 3:10 pm <http://electionlawblog.org/?p=88943>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Emily Bazelon
>> <http://www.nytimes.com/2016/11/07/magazine/the-supreme-court-ruled-that-voting-restrictions-were-a-bygone-problem-early-voting-results-suggest-otherwise.html> for
>> NYT Magazine.
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88943&title=%E2%80%9CThe%20Supreme%20Court%20Ruled%20That%20Voting%20Restrictions%20Were%20a%20Bygone%20Problem.%20Early%20Voting%20Results%20Suggest%20Otherwise%E2%80%9D>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>
>>
>>
>>
>> *“A Guide to the Voter Suppression, Intimidation Lawsuits”
>> <http://electionlawblog.org/?p=88941>*
>>
>> Posted on November 7, 2016 3:08 pm <http://electionlawblog.org/?p=88941>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Fortune magazine.
>> <http://new.fortune.com/2016/11/07/voter-suppression-intimidation-lawsuits-minoirities/>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88941&title=%E2%80%9CA%20Guide%20to%20the%20Voter%20Suppression%2C%20Intimidation%20Lawsuits%E2%80%9D>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>
>>
>>
>>
>> *Roger Stone: “we will not allow the dark forces behind Hillary’s
>> campaign to engage in voter fraud and tampering.”
>> <http://electionlawblog.org/?p=88939>*
>>
>> Posted on November 7, 2016 3:00 pm <http://electionlawblog.org/?p=88939>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> A new email from Roger Stone, less contrite than what he told the court
>> <http://electionlawblog.org/?p=88870> over the weekend:
>>
>>
>>
>> *From:** Stop The Steal <info at stopthesteal.org>*
>>
>> *To:*
>>
>> *Sent:** Monday, November 7, 2016 2:03 PM*
>>
>> *Subject:** Join the Stop the Steal training call tonight at 9pm EST*
>>
>> *Stop The Steal Prevails Against Clinton Thugs*
>>
>> *Courts Reject False Challenges Against Stop The Steal*
>>
>> *With Americans becoming acquainted with the corrupt, crooked, and
>> callous nature of the Clinton Political Machine, Bill &amp; Hillary
>> tried to stop our efforts to ensure a fair vote.*
>>
>> *Since the start, we have made it clear that we will not allow the dark
>> forces behind Hillary’s campaign to engage in voter fraud and tampering.*
>>
>> *As we gathered red-blooded Americans across the country to protect the
>> voting process in their communities, the Clintons went to the court to try
>> and stop us.*
>>
>> *This type of legislating from the bench was shot down by the district
>> court of appeals, who reversed two orders against Stop The Steal in Ohio
>> and Arizona.*
>>
>> *Now, we are preparing for Election Day and need your help.*
>>
>> *Please make sure to sign back into your profile on Stop The Steal and
>> get all the information and tips you need to be ready for this Tuesday, and
>> agree to our terms of service. *
>>
>> *Try as they might, the Clintons cannot stop the sheer will of the
>> American people.*
>>
>> *They cannot stop you… unless you sit idly by and let them.*
>>
>> *It’s time to end the corrupt political system and send a clear message.*
>>
>> *Together, we will #StopTheSteal!*
>>
>> *Those who still have the capability and desire to conduct non-partisan
>> exit polls with us need to join our conference call tonight at 9 pm EST. *
>>
>> *Dial in Number: (641) 715 0700, PIN: 693300. We will conduct a short
>> call in which we will go over rules and guidelines for exit polling.*
>>
>> *Please visit the Citizens Toolbox on StoptheSteal.org
>> <http://alecto.eocampaign1.com/f6e7333f-a52d-11e6-90cc-06ead731d453/2ac64de0-a533-11e6-90cc-06ead731d453/bc439f49-a52f-11e6-90cc-06ead731d453/link-click> for
>> all of these resources!*
>>
>> *In Victory,*
>>
>> *Roger Stone*
>>
>> *PS – We still have legal battles to fight in several other states before
>> Election Day. Please donate to help us win these efforts and secure a fair
>> vote for ALL AMERICA.*
>>
>> *If you are signing into our system to do exit polls, please see the
>> counties where help is especially needed below: *
>>
>> *Ohio*
>>
>> *Cutahoga, Franklin, Hamilton,*
>>
>> *Arizona *
>>
>> *Pima County*
>>
>> *Colorado*
>>
>> *Arapahoe, Jefferson, Larimer*
>>
>> *Texas*
>>
>> *Bexar, Harris, Jefferson*
>>
>> *Florida*
>>
>> *Broward, Hillsborough, Miami-Dade, Monroe, Palm Beach*
>>
>> *Pennsylvania*
>>
>> *Allegheny, Montgomery, Philadelphia*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88939&title=Roger%20Stone%3A%20%E2%80%9Cwe%20will%20not%20allow%20the%20dark%20forces%20behind%20Hillary%E2%80%99s%20campaign%20to%20engage%20in%20voter%20fraud%20and%20tampering.%E2%80%9D>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>>
>>
>>
>>
>>
>> *SCOTUS, Without Asking for Response from Republicans, Rejects Attempt to
>> Revive Trump Voter Intimidation Decree; J. Ginsburg Weighs In {Corrected]
>> <http://electionlawblog.org/?p=88934>*
>>
>> Posted on November 7, 2016 11:47 am <http://electionlawblog.org/?p=88934>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Chris Geidner:
>> <https://www.buzzfeed.com/chrisgeidner/appeals-court-no-new-anti-voter-intimidation-rules-in-place?utm_term=.mu8NzYkNyQ#.ocgZOQaZVx>
>>
>> *On Monday afternoon, the Supreme Court denied Democrats’ request to
>> reinstate a trial court order barring the presidential campaigns and others
>> from several activities views by the lower court as voter intimidation
>> tactics.*
>>
>> *A federal appeals court had issued a stay of that order, effectively
>> reversing it, leading Democrats to ask the Supreme Court to reverse the
>> appeals court. The justices denied the request so without even seeking a
>> response from the Donald Trump campaign.*
>>
>> *The Supreme Court issued a one-sentence order denying the request.
>> Additionally, Justice Ruth Bader Ginsburg issued a short statement noting
>> that she denied the Democrats’ request “[m]indful that Ohio law proscribes
>> voter intimidation” — citing to and quoting from Ohio law: “‘Harassment in
>> violation of the election law’ includes an ‘improper practice or attempt
>> tending to obstruct, intimidate, or interfere with an elector in
>> registering or voting at a place of registration or election.’”*
>>
>> The full order is here.
>>
>> I am not all that surprised by this order, except for the fact that the
>> Court did not even ask for a response from Republicans.
>>
>> Also notable, Justice Ginsburg did not recuse herself
>> <http://electionlawblog.org/?p=88899>, despite earlier comments critical
>> of Donald Trump. I expect her to be criticized for that, but I think it is
>> clear from this that she would not recuse in any other Trump-related
>> election litigation.
>>
>>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88934&title=SCOTUS%2C%20Without%20Asking%20for%20Response%20from%20Republicans%2C%20Rejects%20Attempt%20to%20Revive%20Trump%20Voter%20Intimidation%20Decree%3B%20J.%20Ginsburg%20Weighs%20In%20%7BCorrected%5D>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, Supreme
>> Court <http://electionlawblog.org/?cat=29>, The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>>
>>
>>
>>
>>
>> *“What an election law expert worries about on election day”
>> <http://electionlawblog.org/?p=88932>*
>>
>> Posted on November 7, 2016 10:39 am <http://electionlawblog.org/?p=88932>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> I have written this piece
>> <http://www.latimes.com/opinion/op-ed/la-oe-hasen-election-day-worries-20161108-story.html> to
>> run in tomorrow’s LA Times. It begins:
>>
>> *For those of us who follow elections and election law professionally,
>> election day itself is pretty uneventful—unless of course you work for a
>> campaign. There often are reports of “flipped votes” for one candidate or
>> another thanks to a miscalibrated machine, problems of long lines here or
>> there and various little hiccups, but generally nothing major.*
>>
>> *This time around, though, I am more nervous than usual. Here are the
>> three things I am most worried about, from least to most concerning.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88932&title=%E2%80%9CWhat%20an%20election%20law%20expert%20worries%20about%20on%20election%20day%E2%80%9D>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>
>>
>>
>>
>>
>>
>> *“NC GOP Brags About Low Black Turnout–After Lobbying To Limit Early
>> Voting” <http://electionlawblog.org/?p=88930>*
>>
>> Posted on November 7, 2016 10:26 am <http://electionlawblog.org/?p=88930>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Tierney Sneed
>> <http://talkingpointsmemo.com/muckraker/nc-gop-brags-about-depressed-black-turnout>for
>> TPM.
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88930&title=%E2%80%9CNC%20GOP%20Brags%20About%20Low%20Black%20Turnout%E2%80%93After%20Lobbying%20To%20Limit%20Early%20Voting%E2%80%9D>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>>
>>
>>
>>
>>
>> *“The Supreme Court and Voter Suppression”
>> <http://electionlawblog.org/?p=88928>*
>>
>> Posted on November 7, 2016 9:31 am <http://electionlawblog.org/?p=88928>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Andrew Cohen
>> <https://www.brennancenter.org/analysis/supreme-court-and-voter-suppression>
>> :
>>
>> *I wonder what goes through the mind of U.S. Supreme Court Chief Justice
>> John Roberts these frantic days as he reads one account after another of
>> voter suppression in the 2016 election. Does he regret his decisive vote
>> in Shelby County v. Holder
>> <https://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf>, the 2013
>> decision that struck down the preclearance provision of the Voting Rights
>> Act?*
>>
>> *Does he acknowledge, even to himself, that by stripping federal
>> officials of much of their power to preclude discriminatory election rules
>> he has disenfranchised countless American citizens who have been blocked
>> from voting this election cycle? Does he feel bad, or silly even, about
>> proclaiming how “different” things are today when it comes to racial
>> discrimination in voting? Things don’t look so different to that
>> 100-year-old woman in North Carolina whom Republicans tried to
>> disenfranchise
>> <https://www.thenation.com/article/north-carolina-republicans-tried-to-disenfranchise-a-100-year-old-african-american-woman/>,
>> do they?*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88928&title=%E2%80%9CThe%20Supreme%20Court%20and%20Voter%20Suppression%E2%80%9D>
>>
>> Posted in Supreme Court <http://electionlawblog.org/?cat=29>, The Voting
>> Wars <http://electionlawblog.org/?cat=60>, Voting Rights Act
>> <http://electionlawblog.org/?cat=15>
>>
>>
>>
>>
>>
>> *NC GOP Press Release Highlights Decrease in African-American Voting in
>> State <http://electionlawblog.org/?p=88926>*
>>
>> Posted on November 7, 2016 9:19 am <http://electionlawblog.org/?p=88926>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Brazen. <https://twitter.com/RaleighReporter/status/795669824135430145>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88926&title=NC%20GOP%20Press%20Release%20Highlights%20Decrease%20in%20African-American%20Voting%20in%20State>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>
>>
>>
>>
>>
>>
>> *“Double Voting is Extremely Rare, and One Solution Might Be Worse”
>> <http://electionlawblog.org/?p=88924>*
>>
>> Posted on November 7, 2016 9:05 am <http://electionlawblog.org/?p=88924>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Derek Willis
>> <https://projects.propublica.org/electionland/national/double-voting-extremely-rare/?utm_campaign=sprout&utm_medium=social&utm_source=twitter&utm_content=1478538186> for
>> ProPublica.
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88924&title=%E2%80%9CDouble%20Voting%20is%20Extremely%20Rare%2C%20and%20One%20Solution%20Might%20Be%20Worse%E2%80%9D>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>
>>
>>
>>
>>
>>
>> *“Justice Department to Monitor Polls in 28 States on Election Day”
>> <http://electionlawblog.org/?p=88922>*
>>
>> Posted on November 7, 2016 9:02 am <http://electionlawblog.org/?p=88922>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Press release.
>> <https://www.justice.gov/opa/pr/justice-department-monitor-polls-28-states-election-day>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88922&title=%E2%80%9CJustice%20Department%20to%20Monitor%20Polls%20in%2028%20States%20on%20Election%20Day%E2%80%9D>
>>
>> Posted in Department of Justice <http://electionlawblog.org/?cat=26>
>>
>>
>>
>>
>>
>> --
>>
>> 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
>>
>> http://www.law.uci.edu/faculty/full-time/hasen/
>>
>> http://electionlawblog.org
>>
>
>
> --
>
>

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