[EL] ELB News and Commentary 10/1/16

Sat Oct 1 15:24:06 PDT 2016

Trump’s Irresponsible Vote-Rigging Statements Literally Putting Our Democracy at Risk<http://electionlawblog.org/?p=87068>
Posted on October 1, 2016 3:13 pm<http://electionlawblog.org/?p=87068> by Rick Hasen<http://electionlawblog.org/?author=3>

One of the things we take for granted is that even in tumultuous times when elections are hard fought, the losers concede the election and embrace the process, even if things did not go well. That’s what Al Gore did after the Supreme Court decided Bush v. Gore. He did not call for demonstrations in the streets, which could have been destabilizing. In 2008, after great controversy over the Bush years, Obama v. McCain was very hard fought, but we were able to come together again as a country. As I blogged on Inauguration Day<http://electionlawblog.org/?p=11905> in 2009:

Regardless of your politics, today is a day to celebrate the remarkable peaceful transitions to power that occur in this country with each presidential transition. It is something we should not take for granted.

Donald Trump threatens this peace by raising the prospect not only of sending his supporters<http://electionlawblog.org/?p=87054>, unsupervised, into polling places (likely in minority neighborhoods). This can lead to voter intimidation on election day<http://www.latimes.com/opinion/op-ed/la-oe-hasen-vote-rigging-20160816-snap-story.html>. He has also backed off his earlier, somewhat ambiguous statement <http://electionlawblog.org/?p=86893> that he would support Hillary Clinton if she won. Now, speaking to the New York Times <http://www.nytimes.com/2016/10/01/us/politics/donald-trump-interview-bill-hillary-clinton.html?ref=politics> he made a chilling statement:

Mr. Trump, aiming to unnerve Mrs. Clinton, even indicated that he was rethinking his statement at their last debate that he would “absolutely” support her if she won in November, saying: “We’re going to have to see. We’re going to see what happens. We’re going to have to see.”

This is already having an effect on his supporters. According to an AP-NORC poll<https://www.apnews.com/20b98547e9164d0cafc7419915608ce8/AP-NORC-Poll:-Half-of-Trump-backers-don't-trust-vote-count?utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP>:

Only about one-third of Republicans say they have a great deal or quite a bit of confidence that votes on Election Day will be counted fairly, according to a poll from the Associated Press-NORC Center for Public Affairs Research.

Half the people who have a favorable opinion of the Republican nominee say they have little to no confidence in the integrity of the vote count, the poll finds.

This is what happens when a candidate irresponsibly sows doubts.

Trump’s gambit may be planned or, more likely, he’s just making it up as he goes along. It is no joke. Our democracy is a fragile thing which depends upon accepting the rules of the game.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

New Lawsuit over North Carolina Early Voting<http://electionlawblog.org/?p=87066>
Posted on October 1, 2016 2:56 pm<http://electionlawblog.org/?p=87066> by Rick Hasen<http://electionlawblog.org/?author=3>

Marc Elias<https://twitter.com/marceelias/status/782309691028189184>: BREAKING: Filed an emergency motion to force NC to modify early vote plans for Nash, New Hanover, Mecklenburg, Guilford, & Forsyth Counties.

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

“Protecting the Right to Vote in the 2016 Elections”<http://electionlawblog.org/?p=87064>
Posted on October 1, 2016 2:48 pm<http://electionlawblog.org/?p=87064> by Rick Hasen<http://electionlawblog.org/?author=3>

Liz Kennedy and Hannah Parnes write.<https://www.americanprogress.org/issues/progressive-movement/news/2016/09/30/145120/protecting-the-right-to-vote-in-the-2016-elections/>

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

“Senators: Some Mail-In Voter Registration Deadlines Defy Law”<http://electionlawblog.org/?p=87062>
Posted on October 1, 2016 2:46 pm<http://electionlawblog.org/?p=87062> by Rick Hasen<http://electionlawblog.org/?author=3>

AP reports.<http://customwire.ap.org/dynamic/stories/U/US_CAMPAIGN_2016_VOTING?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2016-09-30-18-44-06>

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Posted in election administration<http://electionlawblog.org/?cat=18>

Kobach Loses Again—This Time in Tenth Circuit<http://electionlawblog.org/?p=87059>
Posted on September 30, 2016 8:04 pm<http://electionlawblog.org/?p=87059> by Rick Hasen<http://electionlawblog.org/?author=3>

Order<http://electionlawblog.org/wp-content/uploads/kobach-10.pdf>:

Exercising jurisdiction pursuant to 28 U.S.C. § 1292, we hold that the district court did not abuse its discretion in issuing the preliminary injunction. Under the facts of this case, section 5 of the NVRA preempts Kansas’s DPOC requirement as applied to motor voter applications. Further, under the circumstances present here, no constitutional doubt arises as to whether the NVRA precludes Kansas from enforcing its voter qualifications under the Qualifications Clause of the U.S. Constitution. Moreover, the district court did not err in finding that the Plaintiffs-Appellees had made a strong showing ofirreparable harm, that the balance of equities was strongly in their favor, and that an injunction would serve the public interest. Accordingly, we AFFIRM the district court’s grant of the preliminary injunction against Secretary Kobach for reasons to be more fully explained in a forthcoming opinion.
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Posted in election administration<http://electionlawblog.org/?cat=18>, NVRA (motor voter)<http://electionlawblog.org/?cat=33>, The Voting Wars<http://electionlawblog.org/?cat=60>

Another Recording of WI DMV Office Giving Wrong Info on Voter ID<http://electionlawblog.org/?p=87057>
Posted on September 30, 2016 4:00 pm<http://electionlawblog.org/?p=87057> by Rick Hasen<http://electionlawblog.org/?author=3>

Zack Roth<http://www.nbcnews.com/politics/elections/court-wisconsin-must-probe-accessibility-voter-ids-n657541> for NBC News reports.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

Trump Again Raises Voter Fraud, Tells Supporters to Go to the Polls, Raising Risk of Voter Intimidation<http://electionlawblog.org/?p=87054>
Posted on September 30, 2016 3:53 pm<http://electionlawblog.org/?p=87054> by Rick Hasen<http://electionlawblog.org/?author=3>

From a speech today<https://twitter.com/SopanDeb/status/781988539458326528> via Sopan Deb:

[ell]<http://electionlawblog.org/wp-content/uploads/hell.jpg>

See my earlier LA Times oped<http://www.latimes.com/opinion/op-ed/la-oe-hasen-vote-rigging-20160816-snap-story.html>, on the risks of Trump’s dangerous rhetoric.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Federal judge hits Wisconsin for voter ID problems”<http://electionlawblog.org/?p=87052>
Posted on September 30, 2016 1:33 pm<http://electionlawblog.org/?p=87052> by Rick Hasen<http://electionlawblog.org/?author=3>

Ariane de Vogue <http://www.cnn.com/2016/09/30/politics/wisconsin-voter-id/index.html> for CNN.
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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>

“Who Gets to Vote?”<http://electionlawblog.org/?p=87048>
Posted on September 30, 2016 1:23 pm<http://electionlawblog.org/?p=87048> by Rick Hasen<http://electionlawblog.org/?author=3>

Beautifully done<http://www.nytimes.com/2016/10/02/opinion/sunday/who-gets-to-vote.html?smid=tw-share> NYT Sunday Review piece by Alex Keyssar.

There is a also a related video<http://www.nytimes.com/video/opinion/100000004677716/supreme-court-v-the-american-voter.html?action=click&contentCollection=opinion&module=embedded&region=caption&pgtype=article>, Supreme Court vs. American Voter. (Starts with a provocative Ed Blum quote)
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Trump’s unusual conflict: Millions in debts to German bank now facing federal fines”<http://electionlawblog.org/?p=87046>
Posted on September 30, 2016 12:45 pm<http://electionlawblog.org/?p=87046> by Rick Hasen<http://electionlawblog.org/?author=3>

WonkBlog<https://www.washingtonpost.com/news/wonk/wp/2016/09/30/trumps-unthinkable-conflict-millions-in-debts-to-german-bank-now-facing-federal-fines/>:

Federal regulators are seeking a $14 billion fine from Deutsche Bank, Trump’s top lender, to settle claims that the bank issued toxic mortgages amid the housing crisis. German media have suggested the bank has sought a state bailout that could lead to partial ownership of the bank by the German government.

A settlement could be reached before a new president takes office, but government-ethics experts say the Deutsche Bank situation is a stark reminder of how Trump could face a conflicting set of interests as the nation’s negotiator in chief.

As head of the executive branch, he’d oversee the Justice Department and the United States’ relations with the rest of the world. But he’d still have a lengthy series of financial relationships with private institutions and countries with business before the United States.

“It’s certainly foreseeable that he could intervene with the DOJ so as to not upset the financing of his companies,” said Trevor Potter, a former Federal Election Commission chairman and general counsel of George H.W. Bush and Sen. John McCain (R-Ariz.).

It’s “unthinkable in recent history,” Potter said, that “there’s the possibility of a president being able to affect his own personal financial interests, conceivably to the detriment of the general public.”
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Posted in campaigns<http://electionlawblog.org/?cat=59>, conflict of interest laws<http://electionlawblog.org/?cat=20>

Federal Court on Its Own Motion in WI Voter ID Case Orders WI to Say How It is Helping Voters Get IDs<http://electionlawblog.org/?p=87043>
Posted on September 30, 2016 10:40 am<http://electionlawblog.org/?p=87043> by Rick Hasen<http://electionlawblog.org/?author=3>

Following a report by Ari Berman<https://www.thenation.com/article/wisconsin-is-systematically-failing-to-provide-the-photo-ids-required-to-vote-in-november/> in the Nation and then Patrick Marley<http://www.jsonline.com/story/news/politics/elections/2016/09/29/dmv-gives-wrong-information-voter-id/91283462/> in the Milwaukee Journal Sentinel, the federal district court judge ordered by the 7th Circuit to make sure that Wisconsin is making it easy for voters who start the voter id process at the state’s DMV to get IDs has issued a sua sponte order (an order on its own motion, without a request from one of the sides) for the state to explain what’s going on.

From the order<http://electionlawblog.org/wp-content/uploads/petersonordervoterid.pdf>:

These reports, if true, demonstrate that the state is not in compliance with this court’s injunction order, which requires the state to “[p]romptly issue a credential valid as a voting ID to any person who enters the IDPP or who has a petition pending.” Dkt. 234, at 118-19.

Defendants must investigate these allegations and provide a report to the court by October 7, 2016. The report should explain the scope of the investigation, its results, and any corrective action to be taken. Additional reports may be ordered as needed.

Patrick Marley<http://www.jsonline.com/story/news/politics/elections/2016/09/30/judge-orders-dmv-investigate-voter-id-incident/91326822/>:

The Nation first reported<https://www.thenation.com/article/wisconsin-is-systematically-failing-to-provide-the-photo-ids-required-to-vote-in-november/> on the recording, which was made by Molly McGrath, the national campaign coordinator with VoteRiders<http://www.voteriders.org/>, a group opposed to voter ID laws that also helps people get IDs.

McGrath, who also provided a copy of the recording to the Milwaukee Journal Sentinel, said her group visited 10 DMV stations around Wisconsin. DMV employees gave the visitors answers “all over the board” regarding how long it would take to get an ID, she said…

Kristina Boardman, the head of the DMV, issued a written statement that did not address what specifically occurred, but said such a practice would violate DMV protocols.

“DMV remains committed to working with all eligible voters to ensure they receive free identification, as required for voting,” her statement said.

Johnny Koremenos, a spokesman for the attorney general, said Schimel’s court filing was accurate. He did not explain why DMV employees gave incorrect information to Moore if they had been trained on the voter ID law.
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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>

ACLU Files 7th Circuit Merits Brief in WI Voter ID Case, Pointing to DMV Incompetence to Help Voters Get IDs<http://electionlawblog.org/?p=87041>
Posted on September 30, 2016 9:11 am<http://electionlawblog.org/?p=87041> by Rick Hasen<http://electionlawblog.org/?author=3>

Read it here.<https://www.aclu.org/legal-document/frank-v-walker-brief-and-short-appendix-plantiffs-appelleescross-appellants>
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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>, Voting Rights Act<http://electionlawblog.org/?cat=15>

--
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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