[EL] ELB 2 pm (pacific) update

Tue Nov 8 13:59:49 PST 2016

“Donald’s Trumped Up Nevada Lawsuit Is a Fitting End to a Hateful Campaign”<http://electionlawblog.org/?p=89033>
Posted on November 8, 2016 1:57 pm<http://electionlawblog.org/?p=89033> by Rick Hasen<http://electionlawblog.org/?author=3>
I have written this piece for Slate<http://www.slate.com/blogs/the_slatest/2016/11/08/donald_s_trumped_up_nevada_lawsuit_is_a_fitting_end_to_a_hateful_campaign.html?wpsrc=sh_all_dt_tw_top>, analyzing the legal claims about early voting, delving into Nevada’s statutes. It begins:
Donald Trump’s campaign filed a complaint<https://www.scribd.com/document/330439388/Trump-Nevada-Lawsuit> on Tuesday alleging that election officials in Nevada broke the law by allowing up to 300 people to vote who were not in line at closing time on Friday at Cardenas market, a Latino-oriented restaurant in Clark County serving as a temporary early polling place. His campaign also made similar charges about a few other locations. Trump was trying to use this complaint to stop ballots cast there from being counted. This seems likely to be a ploy to try to deprive Hillary Clinton of having Nevada declared for her tonight in the event of a close race with her ahead. Judge Gloria Sturman denied the campaign any preliminary relief to sequester ballots or get information on poll workers, but the suit may continue.
It will take a while to sort out everything, but my initial impression is that—even if it is true that people were allowed to vote late on the Friday night before Election Day at a handful of locations—Trump’s claim is weak on the law. The suit also misunderstands the point of early voting and the lack of harm done when early voting times are extended.
It concludes:
In the end, this lawsuit is likely an Election Day distraction. Chances are, Nevada won’t be close enough for these votes to matter. If it is, Trump has set the stage for an election fight he would likely lose.
If nothing else, this lawsuit will give Trump fodder to claim he wasn’t a real loser because the election was “rigged.” Rigged by many Hispanic voters, incensed with Trump’s hateful rhetoric<http://www.slate.com/blogs/the_slatest/2015/06/29/donald_trump_fired_from_nbc_celebrity_apprentice_star_and_republican_presidential.html>, coming in droves to a supermarket to exercise their constitutional right to vote like other citizens. Something that should be celebrated is being attacked by Trump, which seems a fitting ending to this campaign.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89033&title=%E2%80%9CDonald%E2%80%99s%20Trumped%20Up%20Nevada%20Lawsuit%20Is%20a%20Fitting%20End%20to%20a%20Hateful%20Campaign%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Team Clinton sponsored 75 percent of TV ads in 2016 presidential race”<http://electionlawblog.org/?p=89031>
Posted on November 8, 2016 11:22 am<http://electionlawblog.org/?p=89031> by Rick Hasen<http://electionlawblog.org/?author=3>
CPI reports. <https://www.publicintegrity.org/2016/11/08/20452/team-clinton-sponsored-75-percent-tv-ads-2016-presidential-race>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89031&title=%E2%80%9CTeam%20Clinton%20sponsored%2075%20percent%20of%20TV%20ads%20in%202016%20presidential%20race%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Election integrity: Missing components to remedy”<http://electionlawblog.org/?p=89029>
Posted on November 8, 2016 11:20 am<http://electionlawblog.org/?p=89029> by Rick Hasen<http://electionlawblog.org/?author=3>
Candice Hoke<http://thehill.com/blogs/congress-blog/technology/304835-election-integrity-missing-components-to-remedy> for The Hill.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89029&title=%E2%80%9CElection%20integrity%3A%20Missing%20components%20to%20remedy%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, voting technology<http://electionlawblog.org/?cat=40>

“Expanding the Right to Vote”<http://electionlawblog.org/?p=89027>
Posted on November 8, 2016 11:20 am<http://electionlawblog.org/?p=89027> by Rick Hasen<http://electionlawblog.org/?author=3>
Josh Dougla<http://www.regblog.org/2016/11/08/douglas-expanding-right-to-vote/>s for RegBlog.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89027&title=%E2%80%9CExpanding%20the%20Right%20to%20Vote%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Montana legislator threatened with prosecution for talking about ethics complaint against governor”<http://electionlawblog.org/?p=89025>
Posted on November 8, 2016 11:19 am<http://electionlawblog.org/?p=89025> by Rick Hasen<http://electionlawblog.org/?author=3>
Eugene Volokh blogs. <https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/11/08/montana-legislator-threatened-with-prosecution-for-talking-about-ethics-complaint-against-governor/>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89025&title=%E2%80%9CMontana%20legislator%20threatened%20with%20prosecution%20for%20talking%20about%20ethics%20complaint%20against%20governor%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>

“Trump campaign files court challenge over early voting in Southern Nevada”<http://electionlawblog.org/?p=89021>
Posted on November 8, 2016 10:50 am<http://electionlawblog.org/?p=89021> by Rick Hasen<http://electionlawblog.org/?author=3>
LVRJ:<http://www.reviewjournal.com/news/politics-and-government/trump-campaign-files-court-challenge-over-early-voting-southern-nevada>
The Donald Trump campaign has filed court papers asking a Clark County district judge to impound ballots at several early voting sites in Southern Nevada because of alleged election violations.
I haven’t seen the complaint yet, but here’s what we know. Voting went until around 10 pm at at least one voting site on Friday night, a Hispanic supermarket. The law in Nevada <http://electionlawblog.org/?p=88879> is that anyone in line when voting time ends gets to keep voting. From what I understand from Jon Ralson and others, all the people who voted after the polls closed were people who were waiting in line, no new people added.
That’s a factual question, of course. So we’ll have to see the Trump complaint and whatever facts they develop that might contradict what I understand to have happened.
UPDATE: The complaint is here<https://www.scribd.com/document/330439388/Trump-Nevada-Lawsuit>. More when I’ve had a chance to read.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89021&title=%E2%80%9CTrump%20campaign%20files%20court%20challenge%20over%20early%20voting%20in%20Southern%20Nevada%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“How Voter Fraud Allegations Tore a Tiny Village Apart”–Must Read VICE on Bloomingburg<http://electionlawblog.org/?p=89019>
Posted on November 8, 2016 9:57 am<http://electionlawblog.org/?p=89019> by Rick Hasen<http://electionlawblog.org/?author=3>
Helen Winston<http://www.vice.com/read/how-voter-fraud-allegations-tore-a-tiny-village-apart> on a story I’ve been fascinated by.
(Earlier coverage.<http://electionlawblog.org/?s=bloomingburg&x=0&y=0>)
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89019&title=%E2%80%9CHow%20Voter%20Fraud%20Allegations%20Tore%20a%20Tiny%20Village%20Apart%E2%80%9D%E2%80%93Must%20Read%20VICE%20on%20Bloomingburg>
Posted in chicanery<http://electionlawblog.org/?cat=12>, voting<http://electionlawblog.org/?cat=31>

Elias v. McGahn<http://electionlawblog.org/?p=89017>
Posted on November 8, 2016 9:51 am<http://electionlawblog.org/?p=89017> by Rick Hasen<http://electionlawblog.org/?author=3>
WSJ’s Jacob Gershman<http://blogs.wsj.com/law/2016/11/08/if-clinton-vs-trump-goes-to-court-expect-big-roles-for-these-lawyers/> profiles the campaigns’ leading election lawyers.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89017&title=Elias%20v.%20McGahn>
Posted in election law biz<http://electionlawblog.org/?cat=51>

“Missing voter registrations reported in North Carolina”<http://electionlawblog.org/?p=89015>
Posted on November 8, 2016 9:45 am<http://electionlawblog.org/?p=89015> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/politics/2016/live-updates/general-election/real-time-updates-on-the-2016-election-voting-and-race-results/missing-voter-registrations-reported-in-north-carolina/>
Reports of missing registrations in North Carolina are coming into the Election Protection hotline from voters who tried to register through the state Department of Motor Vehicles.
Allison Riggs, senior attorney with the Southern Coalition for Social Justice, said the reports are coming in from throughout the state, but for now it is hard to judge the exact number. “It could be thousands, but probably not tens of thousands,” she said.
After a federal court order on the first day of early voting, the state Board of Elections issued new paperwork to allow voters who tried to register through the DMV to use provisional ballots. Riggs said that should help protect the ballots — but not if voters are turned away or not offered the new forms.
“It’s seeming to us that some poll workers are not up to speed on that,” Riggs said. Some voters, she said, aren’t getting the new forms.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89015&title=%E2%80%9CMissing%20voter%20registrations%20reported%20in%20North%20Carolina%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“FEC inspector general says top agency official duped her into releasing confidential criticisms”<http://electionlawblog.org/?p=89013>
Posted on November 8, 2016 9:38 am<http://electionlawblog.org/?p=89013> by Rick Hasen<http://electionlawblog.org/?author=3>
CPI:<https://www.publicintegrity.org/2016/11/08/20436/fec-inspector-general-says-top-agency-official-duped-her-releasing-confidential>
A Federal Election Commission manager allegedly duped the agency’s inspector general into releasing hundreds of confidential employee comments that has lambasted poor leadership there as part of a morale study<http://fec.gov/fecig/documents/RootCausesofLowEmployeeMoraleStudy-FinalReport-OIG-15-06.pdf>.
Four current FEC staffers and one former employee with knowledge of the situation tell the Center for Public Integrity<http://www.publicintegrity.org/politics> that the senior manager in question is Patricia Orrock<http://www.fec.gov/about/offices/CCO/CCO.shtml#search=patricia%20orrock>, the FEC’s chief compliance officer and deputy staff director. The FEC staffers asked to remain anonymous for fear of losing their jobs.
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Posted in federal election commission<http://electionlawblog.org/?cat=24>

“Georgia mayor posts message instructing Democrats to vote Wednesday”<http://electionlawblog.org/?p=89011>
Posted on November 8, 2016 9:22 am<http://electionlawblog.org/?p=89011> by Rick Hasen<http://electionlawblog.org/?author=3>
No one falls for this garbage<https://www.washingtonpost.com/politics/2016/live-updates/general-election/real-time-updates-on-the-2016-election-voting-and-race-results/georgia-mayor-posts-message-instructing-democrats-to-vote-wednesday/?tid=sm_tw> ,but really, a mayor?
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89011&title=%E2%80%9CGeorgia%20mayor%20posts%20message%20instructing%20Democrats%20to%20vote%20Wednesday%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>

My First Post @Slate Live Blog: On Mike Roman Laying Groundwork for Philly “Rigging” Claim<http://electionlawblog.org/?p=89009>
Posted on November 8, 2016 8:57 am<http://electionlawblog.org/?p=89009> by Rick Hasen<http://electionlawblog.org/?author=3>
Here.<http://www.slate.com/blogs/the_slatest/2016/11/08/election_day_live_blog_results_exit_polls_and_more.html>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89009&title=My%20First%20Post%20%40Slate%20Live%20Blog%3A%20On%20Mike%20Roman%20Laying%20Groundwork%20for%20Philly%20%E2%80%9CRigging%E2%80%9D%20Claim>
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
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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