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

Wed Nov 16 07:57:38 PST 2016

“Bladen County votes scrutinized”; Implications for NCGOV?<http://electionlawblog.org/?p=89307>
Posted on November 16, 2016 7:53 am<http://electionlawblog.org/?p=89307> by Rick Hasen<http://electionlawblog.org/?author=3>
News and Observer:<http://www.newsobserver.com/news/politics-government/state-politics/article115013278.html>
A protest has been filed in Bladen County alleging that a handful of people may have improperly submitted hundreds of absentee ballots, while also getting paid for get-out-the-vote efforts by a community group funded by the N.C. Democratic Party.
According to the protest filed by McCrae Dowless, who won election as soil and water district supervisor, the handwriting on a number of ballots and the signatures of some mail-in absentee witnesses were similar. He said the questioned ballots seem to have been cast in favor of a straight ticket of candidates and also to vote for a man named Franklin Graham, who ran a write-in campaign for soil and water district supervisor.
A letter the Bladen County elections board wrote to the State Board of Elections, and attached to the complaint, raises the same concerns. While some ballots listed witnesses, few include the documentation that would be required if someone had also assisted the voters, according to the letter….
Although the complaint does not mention the governor candidates, Gov. Pat McCrory’s campaign publicized the protest and put Attorney General Roy Cooper squarely in the middle of it.
“A massive voting fraud scheme has been uncovered in Bladen County,” McCrory’s campaign manager said in an emailed solicitation for financial contributions. “Hundreds of absentee ballots appear to have been fraudulently cast for Roy Cooper and other Democrats. Initial evidence shows that a North Carolina Democrat Party-funded group may have paid people to cast fraudulent votes to tip this election to Roy Cooper!”
Kimberly Reynolds, executive director of the N.C. Democratic Party, said the governor’s campaign was exaggerating the issue to harm Cooper.
“As usual, these claims from the McCrory campaign are over the top and completely false,” Reynolds said in an email Tuesday night. “The complaint in question does not even deal with a Democrat — it is an investigation into improper assistance in a nonpartisan local Soil and Water Conservation District race. The State Board of Elections is already investigating this potential issue in a local race as they should.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Social Media’s Globe-Shaking Power”<http://electionlawblog.org/?p=89305>
Posted on November 16, 2016 7:47 am<http://electionlawblog.org/?p=89305> by Rick Hasen<http://electionlawblog.org/?author=3>
Must-read <http://www.nytimes.com/2016/11/17/technology/social-medias-globe-shaking-power.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news> Farhad Manjoo NYT:
On Monday, both Google and Facebook<http://www.nytimes.com/2016/11/15/technology/google-will-ban-websites-that-host-fake-news-from-using-its-ad-service.html?ref=technology> altered their advertising policies to explicitly prohibit sites that traffic in fake news from making money off lies. That’s very likely a worthwhile fix, even if it comes too late. The internet has loosened our collective grasp on the truth<http://www.nytimes.com/2016/11/03/technology/how-the-internet-is-loosening-our-grip-on-the-truth.html>, and efforts to fight that dismaying trend are obviously worth pursuing.
Yet it would be a mistake to end this investigation at fake news. In fact, the dangers posed by fake news are just a symptom of a deeper truth now dawning on the world: With billions of people glued to Facebook<http://www.nytimes.com/topic/company/facebook-inc?inline=nyt-org>, WhatsApp, WeChat, Instagram, Twitter, Weibo and other popular services, social media has become an increasingly powerful cultural and political force, to the point that its effects are now beginning to alter the course of global events.
The election of Donald J. Trump<http://www.nytimes.com/topic/person/donald-trump?inline=nyt-per> is perhaps the starkest illustration yet that across the planet, social networks are helping to fundamentally rewire human society. They have subsumed and gutted mainstream media. They have undone traditional political advantages like fund-raising and access to advertising. And they are destabilizing and replacing old-line institutions and established ways of doing things, including political parties, transnational organizations and longstanding, unspoken social prohibitions against blatant expressions of racism and xenophobia.

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, social media and social protests<http://electionlawblog.org/?cat=58>

Sen. Feinstein Will Be Ranking Minority Member of Senate Judiciary Committee<http://electionlawblog.org/?p=89303>
Posted on November 16, 2016 7:34 am<http://electionlawblog.org/?p=89303> by Rick Hasen<http://electionlawblog.org/?author=3>
And that<https://twitter.com/ToddRuger/status/798909701257719808> is going to be a very important committee in the next few years.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“The Republican blueprint for Supreme Court nominations”<http://electionlawblog.org/?p=89301>
Posted on November 16, 2016 7:32 am<http://electionlawblog.org/?p=89301> by Rick Hasen<http://electionlawblog.org/?author=3>
Joan Biskupic:<http://www.cnn.com/2016/11/15/politics/republican-supreme-court-nomination/index.html>
For the past 35 years, Republican presidents have favored Supreme Court nominees who were young, tested and politically connected.
Adam Liptak: Trump’s Supreme Court List: Ivy League? Out. The Heartland? In.<http://www.nytimes.com/2016/11/15/us/politics/trump-supreme-court-justices.html?smid=tw-share&_r=0>
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

“Longtime Maricopa Recorder Helen Purcell Defeated For Re-Election”<http://electionlawblog.org/?p=89299>
Posted on November 16, 2016 7:25 am<http://electionlawblog.org/?p=89299> by Rick Hasen<http://electionlawblog.org/?author=3>
Doug Chapin:<http://editions.lib.umn.edu/electionacademy/2016/11/16/longtime-maricopa-recorder-helen-purcell-defeated-for-re-election/>
As she prepares to hand the reins to her successor, I want to recognize Helen for her years of service not just to Maricopa voters but also to the national election community. I had the opportunity to tour the election office in Phoenix years ago, and was impressed at how well Helen and her team managed such a sprawling operation. Her tenure may not have ended the way she wanted, but her contributions to the field are considerable nonetheless. Thanks for your service, Recorder Purcell.
It will fascinating to see how Maricopa elections function under Recorder-elect Fontes – the attention on the office may have made it possible for him to win the job, but the hot (and intensely partisan) spotlight can be difficult to navigate once it finds you. He will have his hands full and I wish him well.
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Posted in election administration<http://electionlawblog.org/?cat=18>, election law biz<http://electionlawblog.org/?cat=51>

“Trump team talks of setting up political arm”<http://electionlawblog.org/?p=89297>
Posted on November 16, 2016 7:01 am<http://electionlawblog.org/?p=89297> by Rick Hasen<http://electionlawblog.org/?author=3>
Politico reports.<http://www.politico.com/blogs/donald-trump-administration/2016/11/trump-team-talks-of-setting-up-political-arm-231462>
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Posted in campaigns<http://electionlawblog.org/?cat=59>, tax law and election law<http://electionlawblog.org/?cat=22>

“Spending By Outside Groups in Judicial Races Hits Record High, Secret Money Dominates”<http://electionlawblog.org/?p=89295>
Posted on November 15, 2016 3:28 pm<http://electionlawblog.org/?p=89295> by Rick Hasen<http://electionlawblog.org/?author=3>
Brennan Center.<http://www.brennancenter.org/press-release/spending-outside-groups-judicial-races-hits-record-high-secret-money-dominates>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, judicial elections<http://electionlawblog.org/?cat=19>

Debate: Gerrymandering is Destroying the Political Center<http://electionlawblog.org/?p=89293>
Posted on November 15, 2016 3:27 pm<http://electionlawblog.org/?p=89293> by Rick Hasen<http://electionlawblog.org/?author=3>
Watch.<http://www.intelligencesquaredus.org/debates/gerrymandering-destroying-political-center>
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Posted in redistricting<http://electionlawblog.org/?cat=6>

“Maine’s First Ranked Choice Voting Election: June, 2018”<http://electionlawblog.org/?p=89291>
Posted on November 15, 2016 3:26 pm<http://electionlawblog.org/?p=89291> by Rick Hasen<http://electionlawblog.org/?author=3>
FairVote.<http://www.fairvote.org/maine_s_first_ranked_choice_voting_election_june_2018>
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Posted in alternative voting systems<http://electionlawblog.org/?cat=63>

“Could NC legislators decide governor race? ‘Last resort,’ House speaker says”<http://electionlawblog.org/?p=89289>
Posted on November 15, 2016 3:25 pm<http://electionlawblog.org/?p=89289> by Rick Hasen<http://electionlawblog.org/?author=3>
News and Observer.<http://www.newsobserver.com/news/politics-government/state-politics/article114980628.html>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Kris Kobach – Trump’s attorney general?”<http://electionlawblog.org/?p=89287>
Posted on November 15, 2016 3:24 pm<http://electionlawblog.org/?p=89287> by Rick Hasen<http://electionlawblog.org/?author=3>
McClatchy.<http://www.kansas.com/news/politics-government/article114963103.html>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

More Total Votes Cast in 2016 Than in 2012<http://electionlawblog.org/?p=89272>
Posted on November 15, 2016 11:00 am<http://electionlawblog.org/?p=89272> by Richard Pildes<http://electionlawblog.org/?author=7>
We have now reached the point at which we can say that more votes have been cast this year than in 2012, according to the Cook Report<http://cookpolitical.com/story/10174>. I wonder if the media narrative will be able to assimilate the actual facts about voter turnout in this election as those facts keep getting updated until all the votes are counted and certified.
Of course, this does not yet mean the turnout percentage was equal to 2012.  But here too, it appears that as the votes continue to be counted, we are likely to end up with a turnout level that is about the same as last time — perhaps just a bit under.
The U.S. population (and voting-eligible population) continues to increase.  The voting-eligible population is about 4% higher than in 2012, according to Election Project.  If we assume that 59% of that population would actually vote, based on the 2012 turnout rate, then for turnout percentage to equal that in 2012, we would need the number of total votes cast in 2016 to be about 134.9 million.  The current best estimate, from Election Project here<http://www.electproject.org/2016g>, is that 134.5 million votes will have been cast this year.

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

“Was Steve Bannon, Donald Trump’s Attack Dog, Paid Illegally?”<http://electionlawblog.org/?p=89280>
Posted on November 15, 2016 8:14 am<http://electionlawblog.org/?p=89280> by Rick Hasen<http://electionlawblog.org/?author=3>
Daily Beast:<http://www.thedailybeast.com/articles/2016/11/15/was-steve-bannon-donald-trump-s-attack-dog-paid-illegally.html>
A campaign watchdog group filed a complaint with federal election officials that alleges Stephen Bannon—recently named one of Donald Trump<http://www.thedailybeast.com/content/dailybeast/features/2016/donald-trump.html>’s top White House advisers—may have gotten paid illegally during Trump’s campaign by pro-Trump billionaires.
And now, a new set of Federal Election Commission filings that haven’t yet been reported on may give the group’s case some additional heft.
At issue are payments of nearly $200,000 that a super PAC called Make America Number 1 made to a company tied to Bannon. On Aug. 17, Bannon left his post as chairman of Breitbart News and became the Trump campaign’s CEO. Available FEC filings show the campaign didn’t pay Bannon a salary. Larry Noble, who heads the Campaign Legal Center, said he believes the super PAC covertly paid Bannon for his campaign work through his moviemaking company. Neither the super PAC nor Bannon provided a response to Noble’s comment.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>

WI: “At least 590 provisional ballots cast last week because voters lacked valid ID”<http://electionlawblog.org/?p=89277>
Posted on November 15, 2016 7:55 am<http://electionlawblog.org/?p=89277> by Rick Hasen<http://electionlawblog.org/?author=3>
Wisconsin State Journal.<http://host.madison.com/wsj/news/local/govt-and-politics/at-least-provisional-ballots-cast-last-week-because-voters-lacked/article_a3a66637-6d23-5c91-801a-047cab57a975.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>

“Donald Trump’s Far-Flung Holdings Raise Potential for Conflicts of Interest”<http://electionlawblog.org/?p=89275>
Posted on November 15, 2016 7:51 am<http://electionlawblog.org/?p=89275> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT A1.<http://www.nytimes.com/2016/11/15/us/politics/donald-trump-holdings-conflict-of-interest.html?_r=2>

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Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>

“Soros bands with donors to resist Trump, ‘take back power'”<http://electionlawblog.org/?p=89273>
Posted on November 15, 2016 7:49 am<http://electionlawblog.org/?p=89273> by Rick Hasen<http://electionlawblog.org/?author=3>
Politico reports.<http://www.politico.com/story/2016/11/democrats-soros-trump-231313>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

--
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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