[EL] Parsons link

Fri Nov 25 09:31:27 PST 2016

The Parsons link below was missing.  It is here:

https://moderndemocracyblog.com/2016/11/24/whitford-v-gill/

From: <law-election-bounces at department-lists.uci.edu> on behalf of Rick Hasen <rhasen at law.uci.edu>
Date: Friday, November 25, 2016 at 8:55 AM
To: Election Law Listserv <law-election at uci.edu>
Subject: [EL] ELB News and Commentary 11/25/16

Quote of the Day: Jill Stein Recount BS Edition<http://electionlawblog.org/?p=89491>
Posted on November 25, 2016 8:49 am<http://electionlawblog.org/?p=89491> by Rick Hasen<http://electionlawblog.org/?author=3>
“If there were something to do here, there are a lot of us who would be jumping on it”
Adam Bonin, attorney representing democrats, to the Phil. Inquirer<http://www.philly.com/philly/news/20161125_Jill_Stein_raised_nearly__4_million_for_election_recount__including_Pa_.html>. (Bonin said that while every election has “little hitches and glitches, I haven’t seen anything which would cause me to question the results.” Nor, he said, “have I ever seen evidence that would lead me to call the machines into question. . . . You can’t just go on a fishing expedition. You have to have allegations of specific fraud, or machines that didn’t accept votes.”)
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89491&title=Quote%20of%20the%20Day%3A%20Jill%20Stein%20Recount%20BS%20Edition>
Posted in chicanery<http://electionlawblog.org/?cat=12>

“Russian propaganda effort helped spread ‘fake news’ during election, experts say”<http://electionlawblog.org/?p=89488>
Posted on November 25, 2016 8:40 am<http://electionlawblog.org/?p=89488> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/business/economy/russian-propaganda-effort-helped-spread-fake-news-during-election-experts-say/2016/11/24/793903b6-8a40-4ca9-b712-716af66098fe_story.html>
The flood of “fake news<https://www.washingtonpost.com/business/economy/why-facebook-and-google-are-struggling-to-purge-fake-news/2016/11/15/85022897-f765-422e-9f53-c720d1f20071_story.html>” this election season got support from a sophisticated Russian propaganda campaign that created and spread misleading articles online with the goal of punishing Democrat Hillary Clinton, helping Republican Donald Trump and undermining faith in American democracy, say independent researchers who tracked the operation.
Russia’s increasingly sophisticated propaganda machinery — including thousands of botnets, teams of paid human “trolls,” and networks of websites and social-media accounts — echoed and amplified right-wing sites across the Internet as they portrayed Clinton as a criminal hiding potentially fatal health problems and preparing to hand control of the nation to a shadowy cabal of global financiers. The effort also sought to heighten the appearance of international tensions and promote fear of looming hostilities with nuclear-armed Russia.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89488&title=%E2%80%9CRussian%20propaganda%20effort%20helped%20spread%20%E2%80%98fake%20news%E2%80%99%20during%20election%2C%20experts%20say%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

Lessig Urges Faithless Electors Vote for Clinton, Pointing to Popular Vote in a Contest Not Based on Popular Vote<http://electionlawblog.org/?p=89486>
Posted on November 25, 2016 8:34 am<http://electionlawblog.org/?p=89486> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo oped.<https://www.washingtonpost.com/opinions/the-constitution-lets-the-electoral-college-choose-the-winner-they-should-choose-clinton/2016/11/24/0f431828-b0f7-11e6-8616-52b15787add0_story.html?utm_term=.401e78c0662f>
I find the argument troubling on two levels. First, the electors in the electoral college are not chosen to exercise judgment but to translate the will of the people in each state. If we had a system where we expected them to exercise independent judgment we would spend time vetting them.  Instead, they are generally loyal party members.
Second, relying on the national popular vote to overturn the results of the electoral college seems unfair even if, like me, you believe the electoral college is unfair. The election was run under the electoral college system. Would Clinton have won if both sides were going to run up the popular vote? Perhaps, but it is not a given.
This seems to go against rule of law ideas that we all abide by the rules for an election set in advance. Turning the electors into mighty platonic guardians doesn’t seem to be the right way to go.
So yes, I’d love to get rid of the Electoral College. But not ignore it in an election where everyone agreed it was the set of rules to use.

[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89486&title=Lessig%20Urges%20Faithless%20Electors%20Vote%20for%20Clinton%2C%20Pointing%20to%20Popular%20Vote%20in%20a%20Contest%20Not%20Based%20on%20Popular%20Vote>
Posted in electoral college<http://electionlawblog.org/?cat=44>

“Helping the New Gerrymandering Standard Survive in the Supreme Court”<http://electionlawblog.org/?p=89484>
Posted on November 25, 2016 8:26 am<http://electionlawblog.org/?p=89484> by Rick Hasen<http://electionlawblog.org/?author=3>
Sam Wang blogs<http://election.princeton.edu/2016/11/24/a-lower-court-win-on-partisan-gerrymandering/> on the WI partisan gerrymandering case.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89484&title=%E2%80%9CHelping%20the%20New%20Gerrymandering%20Standard%20Survive%20in%20the%20Supreme%20Court%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Today, I’m Thankful for: Whitford v. Gill”<http://electionlawblog.org/?p=89482>
Posted on November 25, 2016 8:17 am<http://electionlawblog.org/?p=89482> by Rick Hasen<http://electionlawblog.org/?author=3>
Michael Parsons on the Wisconsin partisan gerrymandering case.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89482&title=%E2%80%9CToday%2C%20I%E2%80%99m%20Thankful%20for%3A%20Whitford%20v.%20Gill%E2%80%9D>
Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>

Jill Stein, Raising Money for WI, MI, PA Recounts, Opportunistically Moves Goal Posts<http://electionlawblog.org/?p=89479>
Posted on November 24, 2016 11:03 am<http://electionlawblog.org/?p=89479> by Rick Hasen<http://electionlawblog.org/?author=3>
Classy.<https://twitter.com/davidpkfishman/status/801643478501429248>
And nothing<https://twitter.com/TimRunsHisMouth/status/801633246597545986> is going to require her to use the money for recounts.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89479&title=Jill%20Stein%2C%20Raising%20Money%20for%20WI%2C%20MI%2C%20PA%20Recounts%2C%20Opportunistically%20Moves%20Goal%20Posts>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

NC: “Republicans claim 43 voters are ineligible felons. Many of them aren’t”<http://electionlawblog.org/?p=89477>
Posted on November 24, 2016 10:57 am<http://electionlawblog.org/?p=89477> by Rick Hasen<http://electionlawblog.org/?author=3>
News and Observer:<http://www.newsobserver.com/news/politics-government/election/article116789083.html>
Larry Smith got an odd phone call last week: Someone had filed to throw out his vote, claiming he was a felon serving an active sentence.
Smith, who lives in Stokes County, is no felon. But he was one of 43 people named as a felons ineligible to vote in election complaints filed by Republicans with help from Gov. Pat McCrory’s campaign – part of an effort to claim the election results were marred by voter fraud.
The nonprofit Democracy North Carolina, which has urged McCrory to halt the protests, analyzed the names this week. The group found that 18 of them – nearly half – were wrongfully accused of being felons ineligible to vote. Four of them were confused with criminals who happen to have the same name, while others are on probation for misdemeanor convictions like drunk driving.
People convicted of misdemeanors do not lose their voting rights, and felons are ineligible to vote only while in prison, on probation or on parole.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89477&title=NC%3A%20%E2%80%9CRepublicans%20claim%2043%20voters%20are%20ineligible%20felons.%20Many%20of%20them%20aren%E2%80%99t%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, felon voting<http://electionlawblog.org/?cat=66>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Hillary Clinton Supporters Call for Vote Recount in Battleground States”<http://electionlawblog.org/?p=89475>
Posted on November 23, 2016 8:06 pm<http://electionlawblog.org/?p=89475> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/11/23/us/politics/vote-count-hillary-clinton-trump.html?smprod=nytcore-iphone&smid=nytcore-iphone-share>
Hillary Clinton<http://www.nytimes.com/topic/person/hillary-rodham-clinton?inline=nyt-per>’s lead in the popular vote is growing. She is roughly 30,000 votes behind Donald J. Trump<http://www.nytimes.com/topic/person/donald-trump?inline=nyt-per> in the key swing states of Michigan and Wisconsin — a combined gap that is narrowing. Her impassioned supporters are now urging her to challenge the results in those two states and Pennsylvania, grasping at the last straws to reverse Mr. Trump’s decisive majority<http://www.nytimes.com/elections/results/president> in the Electoral College.
In recent days, they have seized on a report by a respected computer scientist and other experts suggesting that Michigan, Pennsylvania and Wisconsin, the keys to Mr. Trump’s Electoral College victory, need to manually review paper ballots to assure the election was not hacked.
“Were this year’s deviations from pre-election polls the results of a cyberattack?” J. Alex Halderman, a computer science professor at the University of Michigan who has studied the vulnerabilities of election systems at length, wrote on Medium on Wednesday<https://medium.com/@jhalderm/want-to-know-if-the-election-was-hacked-look-at-the-ballots-c61a6113b0ba#.brkc7pyra> as the calls based on his conclusions mounted. “Probably not.”
More likely, he wrote, pre-election polls were “systematically wrong.” But the only way to resolve the lingering questions would be to examine “paper ballots and voting equipment in critical states,” he wrote.
Tellingly, the pleas for recounts have gained no support from the Clinton campaign, which has concluded, along with outside experts, that it is highly unlikely the outcome would change even after an expensive and time-consuming review of ballots.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89475&title=%E2%80%9CHillary%20Clinton%20Supporters%20Call%20for%20Vote%20Recount%20in%20Battleground%20States%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, recounts<http://electionlawblog.org/?cat=50>, The Voting Wars<http://electionlawblog.org/?cat=60>

#NCGov: “2004 NC race may have set precedent for governor’s outcome”<http://electionlawblog.org/?p=89473>
Posted on November 23, 2016 4:12 pm<http://electionlawblog.org/?p=89473> by Rick Hasen<http://electionlawblog.org/?author=3>
Important piece<http://www.newsobserver.com/news/politics-government/state-politics/article116686828.html> in News & Observer on how the state legislature could try to decide a McCrory election contest (quoting my point<http://electionlawblog.org/?p=89420> about how if it did so it could raise serious federal constitutional concerns heard in a federal court).
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89473&title=%23NCGov%3A%20%E2%80%9C2004%20NC%20race%20may%20have%20set%20precedent%20for%20governor%E2%80%99s%20outcome%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

Great NYU Event in DC December 8: “A New American Political System?”<http://electionlawblog.org/?p=89471>
Posted on November 23, 2016 3:57 pm<http://electionlawblog.org/?p=89471> by Rick Hasen<http://electionlawblog.org/?author=3>
I’m really looking forward to participating in this Sidley Austin Forum<http://www.law.nyu.edu/sidley-austin-forum/2016> looking at the 2016 Elections on December 8 in DC through NYU’s DC program.  Here is the tentative agenda (still waiting on announcement of the keynote):
10:00 a.m.
CONVENING OF CONFERENCE
John J. Kuster<http://www.sidley.com/people/john-kuster>, Partner, Sidley Austin LLP
Sally Katzen<https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=34534>, Professor of Practice and Distinguished Scholar in Residence;
Co-Director of the Legislative and Regulatory Process Clinic, NYU School of Law
Bob Bauer<https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=36322>, Professor of Practice and Distinguished Scholar in Residence;
Co-Director of the Legislative and Regulatory Process Clinic, NYU School of Law
10:10 a.m.
KEYNOTE ADDRESS
10:55 a.m.
PANEL I: The Role of Parties (and Third Parties)
Moderator:
Rick Boucher<http://www.sidley.com/people/rick-boucher>, Partner, Sidley Austin LLP; former Member of the United States House of Representatives (R-VA)
Participants:
Benjamin Ginsburg<http://www.jonesday.com/bginsberg/>, Partner, Jones Day; former General Counsel to the Republican National Committee (MSNBC Commentator)
David Keating<http://www.campaignfreedom.org/about/staff/david-keating/>, President, Center for Competitive Politics
Richard Pildes<https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=20200>, Sudler Family Professor of Constitutional Law, NYU School of Law
11:55 a.m.
PANEL II: The State and Direction of Campaign Finance
Moderator:
Bob Bauer<https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=36322>, Professor of Practice and Distinguished Scholar in Residence;
Co-Director of the Legislative and Regulatory Process Clinic, NYU School of Law
Participants:
David Donnelly<http://everyvoice.org/david-donnelly>, President and CEO, Every Voice
Richard Hasen<http://www.law.uci.edu/faculty/full-time/hasen/>, Professor, University of California at Irvine
Samuel Issacharoff<https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=23845>, Bonnie and Richard Reiss Professor of Constitutional Law, NYU School of Law
 1:00 p.m.
LUNCH
2:15 p.m.
PANEL III: The Changing Role of the News and Social Media
Moderator:
Sally Katzen<https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=34534>, Professor of Practice and Distinguished Scholar in Residence;
Co-Director of the Legislative and Regulatory Process Clinic, NYU School of Law
Participants:
Ruth Marcus<https://www.washingtonpost.com/people/ruth-marcus/>, Deputy Editorial Page Editor and Columnist, Washington Post
Jen Psaki<https://en.wikipedia.org/wiki/Jen_Psaki>, White House Communications Director
3:15 p.m.
PANEL IV: Effect of Developments in Technology on the Nature and Dissemination of Political Information and the Conduct of Campaigns

Moderator:
Cameron Kerry<http://www.sidley.com/people/cameron-f-kerry>, Senior Counsel, Sidley Austin LLP; former General Counsel and Acting Secretary, United States Department of Commerce
Participants:
Scott Goodstein<https://revolutionmessaging.com/team/scott-goodstein>, Founder and CEO, Revolution Messaging
Nathaniel Persily<http://www.persily.com/>, James B. McClatchy Professor of Law, Stanford Law School
Joe Rospars<https://www.bluestatedigital.com/people/joe-rospars/>, Founder and CEO, Blue State Digital
4:15 p.m.
CLOSING PRESENTATION: A Perspective (on the Numbers) on the 2016 Presidential Election
Introduction:
Trevor Morrison<https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=28632>, Dean and Eric M. and Laurie B. Roth Professor of Law, NYU School of Law
Frederick Yang<http://hartresearch.com/team/fred-yang/>, Partner, Garin Hart Yang Research Group
5:00 p.m.
RECEPTION
If you would like to RSVP to this event, please click here<http://nyu.qualtrics.com/jfe/form/SV_bauadsoGqI3fP01> or copy and paste the link below:
https://nyu.qualtrics.com/jfe/form/SV_bauadsoGqI3fP01
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Congressman Issa declares re-election win in 49th district”<http://electionlawblog.org/?p=89469>
Posted on November 23, 2016 3:38 pm<http://electionlawblog.org/?p=89469> by Rick Hasen<http://electionlawblog.org/?author=3>
The OC Register reports<http://www.ocregister.com/articles/issa-736346-applegate-campaign.html>:
Issa held a 3,234 vote lead over retired Marine Col. Doug Applegate with about 6,000 ballots left to count. Applegate would have to win more than 75 percent of the remaining ballots to catch up, prompting the Issa campaign to declare victory in the 49th Congressional District.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89469&title=%E2%80%9CCongressman%20Issa%20declares%20re-election%20win%20in%2049th%20district%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

GOP-Led FL Legislature Unanimously Rejects Republican David Rivera’s Election Contest<http://electionlawblog.org/?p=89467>
Posted on November 23, 2016 11:53 am<http://electionlawblog.org/?p=89467> by Rick Hasen<http://electionlawblog.org/?author=3>
Miami Herald:<http://www.miamiherald.com/news/state/florida/article116537413.html>
Former Congressman David Rivera lost his battle to return to the Florida House of Representatives Tuesday after state elections officials certified that he had lost to Democrat Robert Asencio by 53 votes and Asencio was sworn in to the District 118 seat.
The Florida Canvassing Board, headed by Secretary of State Ken Detzner, on Tuesday certified that the recount of ballots conducted last week by Miami Dade elections officials was legitimate and certified Asencio as the victor.
Rivera, a Republican who first served in the state Legislature from 2000-2008, had filed a formal challenge with the House, alleging that Asencio should not be seated because the state has not reviewed about 112 vote-by-mail ballots that were rejected because of mismatched signatures. He produced affidavits from 59 people who said they had voted by mail and wanted their ballots counted.
But during the House’s post-election organizational session on Tuesday, the House unanimously rejected Rivera’s claim, concluding he did not properly allege any irregularity with the vote tally. The review of affidavits from a selective set of voters would have been unprecedented in a race that did not involve fraud.
“There is no assertion and no evidence submitted that the Miami-Dade canvassing board did not fully follow applicable law and rules,’’ said Rep. Larry Metz, R-Umatilla, who moved to dismiss Rivera’s challenge. “..In other words, there was no allegation of any irregularity in canvassing or tabulating vote-by-mail or provisional ballots cast by the Miami-Dade canvassing board.”
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D89467&title=GOP-Led%20FL%20Legislature%20Unanimously%20Rejects%20Republican%20David%20Rivera%E2%80%99s%20Election%20Contest>
Posted in election administration<http://electionlawblog.org/?cat=18>, recounts<http://electionlawblog.org/?cat=50>

--
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
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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