[EL] Florida voter registration TRO

Mon Oct 10 15:05:58 PDT 2016

Just so everyone knows what Jason’s post is about, here’s the latest from Fla:

Breaking: Federal Court Extends FL Voter Registration for 2 Days, with Further Extension Possible
Posted on October 10, 2016 2:40 pm<http://electionlawblog.org/?p=87362> by Rick Hasen<http://electionlawblog.org/?author=3>

A federal court has issued a temporary restraining order<http://electionlawblog.org/wp-content/uploads/fla-reg.pdf> requiring Florida to allow voters to register through October 12, with a further extension possible of up to a week <http://electionlawblog.org/?p=87332> at the preliminary injunction hearing.

While I think Florida absolutely should have extended the deadline given that the governor told 1.5 million Floridians to evacuate during the last 5 days of registration (when we know 50,000 people voted in that period during 2012), I’m not so sure about the court’s reasoning. The court found Florida’s deadline in the face of the hurricane unconstitutional under even rational basis review (see page 12), an argument that’s pretty dubious. The court did not address the question whether such an extension is possible in a presidential election given Article II.

The judge did not address the Voting Rights Act claim.

He said that the governor, however, did not have the power to extend the deadline. That presumably fell to state election officials (who are nonetheless under the governor’s control.)

We will see if Florida makes an emergency run to the Eleventh Circuit. Ordinarily TROs are not appealable, but they are when they essentially decide the case.

More to come, no doubt.
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This entry was posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60> by Rick Hasen<http://electionlawblog.org/?author=3>. Bookmark the permalink<http://electionlawblog.org/?p=87362>.

From: Jason Torchinsky <jtorchinsky at hvjt.law>
Date: Monday, October 10, 2016 at 2:59 PM
To: Rick Hasen <rhasen at law.uci.edu>
Cc: Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] ELB News and Commentary 10/10/16

Under the theory in the Florida TRO order, is any state voter registration deadline at all permissible?  Or are all such deadlines impermissible burdens?

Jason Torchinsky

Sent from my iPhone. Please excuse any typos.

On Oct 10, 2016, at 11:01 AM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
2016 Emergency Election Litigation Update<http://electionlawblog.org/?p=87355>
Posted on October 10, 2016 7:57 am<http://electionlawblog.org/?p=87355> by Rick Hasen<http://electionlawblog.org/?author=3>

With less than a month to do before election day, here are the three cases I’m watching most closely right now:
1.      Will a federal judge in Wisconsi<http://host.madison.com/ct/news/local/govt-and-politics/election-matters/wisconsin-doj-says-state-is-doing-enough-to-address-concerns/article_43521549-f188-591e-bc09-c0223bac6424.html>n further soften that state’s voter id law, after evidence surfaced that the state’s DMV is not following through on the court’s order to make it easy for those who start the id process to vote in November?
2.      Will the rollback of early voting i<http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article106800037.html>n five North Carolina counties be restored after Democrats sued?
3.      Will Florida be forced to extend<http://electionlawblog.org/?p=87332> voter registration deadlines by one week because of Hurricane Matthew?
<image001.png><https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87355&title=2016%20Emergency%20Election%20Litigation%20Update&description=>
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>

Quote of the Day<http://electionlawblog.org/?p=87353>
Posted on October 10, 2016 7:48 am<http://electionlawblog.org/?p=87353> by Rick Hasen<http://electionlawblog.org/?author=3>

“This is mass suicide any way you cut it.”

—Jim Bopp<https://www.theguardian.com/us-news/2016/oct/08/what-happens-if-donald-trump-quits-presidential-race-election-experts>, on the possibility of the RNC removing Donald Trump from the ballot at this stage.
<image001.png><https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87353&title=Quote%20of%20the%20Day&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Is there any practical way for Republicans to replace Trump at this point? Not really”<http://electionlawblog.org/?p=87351>
Posted on October 10, 2016 7:45 am<http://electionlawblog.org/?p=87351> by Rick Hasen<http://electionlawblog.org/?author=3>

Melanie Mason <http://www.latimes.com/politics/la-na-pol-trump-early-voting-20161008-snap-story.html> for the LAT.
<image001.png><https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87351&title=%E2%80%9CIs%20there%20any%20practical%20way%20for%20Republicans%20to%20replace%20Trump%20at%20this%20point%3F%20Not%20really%E2%80%9D&description=>
Posted in campaigns<http://electionlawblog.org/?cat=59>

“Dennis Richardson supported proof of citizenship laws”<http://electionlawblog.org/?p=87349>
Posted on October 10, 2016 7:42 am<http://electionlawblog.org/?p=87349> by Rick Hasen<http://electionlawblog.org/?author=3>

News from Oregon:<http://www.bendbulletin.com/localstate/4715576-151/dennis-richardson-supported-proof-of-citizenship-laws?referrer=bullet5>

Republican Dennis Richardson has in two straight elections asked voters to look past his record as a former six-term legislator representing a conservative, Southern Oregon district.

“The social issues have been resolved,” Richardson said at a forum in Eugene after Brad Avakian, his Democratic opponent for secretary of state, pointed out the ideological differences between the two, notably Richardson’s opposition to abortion. “What is crucial is that we’re not talking about social issues.”

While his stance on abortion isn’t germane to the role of Oregon’s chief elections officer, Richardson’s support for voter registration laws in the Legislature closely relates to his current run and highlights another in a wide array stark contrasts between he and Avakian.

Richardson for three straight sessions as a state legislator supported or sponsored bills that some liken to voter-suppression measures that have passed in Republican-controlled states elsewhere and have been struck down in state and federal courts.

Two measures Richardson supported, House Bill 2583 in 2005 and House Bill 3432 in 2009, would have required eligible voters to provide proof of U.S. citizenship before they could register to vote. While voters currently must attest to their eligibility, the bills would have required them to prove it using a passport, naturalization document or birth certificate….

Richardson says he no longer sees a need for the laws, but believes there are steps Oregon should take to ensure the integrity of its elections.

“It was never about voter suppression, it was about ensuring integrity of our elections,” Richardson said.

In a state where the secretary of state’s office has at times pushed to expand voter ballot access, including establishing the nation’s first vote-by-mail elections and automatic voter registration, proof of citizenship laws are a stark contrast to the progressive electoral process in Oregon.

“I don’t know why I voted the way I did at that time,” Richardson said of the bills. “But I know who I am today and how I’ll function (as secretary of state), and that’s to maintain the laws and to ensure that voting is open, fair and transparent for candidates, parties and for voters.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“New state laws discourage registering immigrants. How will that affect the Latino vote?”<http://electionlawblog.org/?p=87347>
Posted on October 10, 2016 7:35 am<http://electionlawblog.org/?p=87347> by Rick Hasen<http://electionlawblog.org/?author=3>

Heath Brown<https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/10/new-state-laws-discourage-registering-immigrants-how-will-that-affect-the-latino-vote/> for The Monkey Cage:

On Oct. 3, Latino Decisions released results of a poll<http://www.latinodecisions.com/files/5814/7542/1879/Wk3_Toplines_NALEO.Telemundo.LD_Tracker.pdf> of Latino voters, with fairly predictable results. Most respondents – 67 percent – rate Democratic nominee Hillary Clinton favorably, while 77 percent hold a dim view of Republican nominee Donald Trump.

But here’s a surprising statistic: Only 38 percent said that any organization has encouraged them to register or vote. That’s more than the 31<http://www.latinodecisions.com/blog/2013/01/15/the-untapped-potential-of-the-latino-electorate/> percent<http://www.latinodecisions.com/blog/2013/01/15/the-untapped-potential-of-the-latino-electorate/> who said they were asked during the last presidential election, but below the typical<http://www.rsfjournal.org/doi/full/10.7758/RSF.2016.2.3.08> rates for whites, which was 43 percent (based on post-2012 election survey data).

Other minority and immigrant groups have similar experiences. This year, only 30percent<http://naasurvey.com/wp-content/uploads/2016/10/NAAS2016-Oct5-report.pdf> of Asian Americans said that any group or party had gotten in touch to urge them to register or vote.

Why?

The nonprofit groups that work closely with immigrants keep their distance from electoral politics…
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Posted in campaigns<http://electionlawblog.org/?cat=59>, voter registration<http://electionlawblog.org/?cat=37>

“Juanita Broaddrick’s other debate-night claim could be trouble for Breitbart News”<http://electionlawblog.org/?p=87345>
Posted on October 10, 2016 7:32 am<http://electionlawblog.org/?p=87345> by Rick Hasen<http://electionlawblog.org/?author=3>

The Fix:<https://www.washingtonpost.com/news/the-fix/wp/2016/10/10/juanita-broaddricks-other-debate-night-claim-could-be-trouble-for-breitbart-news/>

Seated next to Donald Trump at a pre-debate campaign event Sunday night, Juanita Broaddrick repeatedher charge that Bill Clinton raped her<http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/janedoe022099.htm> in 1978 — an accusation she has contradicted<http://www.npr.org/2016/10/09/497291071/a-brief-history-of-juanita-broaddrick-the-woman-accusing-bill-clinton-of-rape> under oath and which the former president denies.

Then, after the debate — which she attended — Broaddrick made another claim that quickly raised eyebrows among reporters and campaign finance experts.

<image002.png>@NoahGrayCNN<https://twitter.com/NoahGrayCNN>

Broaddrick told me in spin room Breitbart paid for her flight out herehttps://twitter.com/hadas_gold/status/785323765060304896 …<https://t.co/LoZk8Uo2TF>
8:40 PM – 9 Oct 2016<https://twitter.com/NoahGrayCNN/status/785324080295776261> · St Louis, MO, United States<https://twitter.com/search?q=place%3A0570f015c264cbd9>

<image003.png>@davecatanese<https://twitter.com/davecatanese>

Here’s VIDEO of Broaddrick saying Breitbart paid for her travel to St. Louis —> http://www.usnews.com/news/articles/2016-10-10/hillary-clinton-donald-trump-backers-including-juanita-broaddrick-storm-the-post-presidential-debate-spin-room …<https://t.co/IBaWwhy5hw>
11:47 PM – 9 Oct 2016<https://twitter.com/davecatanese/status/785371199375368192>

Breitbart, of course, is the pro-Trump conservative news site whose chairman, Steve Bannon, also serves as chief executive of the Trump campaign.

“If the Trump campaign wanted her there, and Breitbart, a corporation, paid for the ticket to assist the Trump campaign, that would be an illegal in-kind corporate contribution,” said Rick Hasen, an expert in campaign finance law at the University of California at Irvine. “But we need to know more facts before we know if that is the case.”
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“No sign yet of Trump’s PA ‘poll watchers,’ and why it’s unlikely anyway”<http://electionlawblog.org/?p=87343>
Posted on October 10, 2016 7:24 am<http://electionlawblog.org/?p=87343> by Rick Hasen<http://electionlawblog.org/?author=3>

The latest.<http://billypenn.com/2016/10/10/no-sign-yet-of-trumps-pa-poll-watchers-and-why-its-unlikely-anyway/>
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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>

“Florida Democrats sue to extend voter registration deadline after Hurricane Matthew”<http://electionlawblog.org/?p=87341>
Posted on October 10, 2016 7:20 am<http://electionlawblog.org/?p=87341> by Rick Hasen<http://electionlawblog.org/?author=3>

Ariane de Vogue<http://www.cnn.com/2016/10/09/politics/florida-matthew-democrats/> for CNN.
<image001.png><https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87341&title=%E2%80%9CFlorida%20Democrats%20sue%20to%20extend%20voter%20registration%20deadline%20after%20Hurricane%20Matthew%E2%80%9D&description=>
Posted in voting<http://electionlawblog.org/?cat=31>

“2-to-1 Registration Advantage For Democrats Among 440K New Hispanic Voters In Florida”<http://electionlawblog.org/?p=87339>
Posted on October 10, 2016 7:09 am<http://electionlawblog.org/?p=87339> by Rick Hasen<http://electionlawblog.org/?author=3>

Dan Smith crunches the numbers.<http://www.huffingtonpost.com/latino-decisions/2-to-1-registration-advan_b_12385884.html>

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Posted in voting<http://electionlawblog.org/?cat=31>

“2016: The Belt And Suspenders Election”<http://electionlawblog.org/?p=87337>
Posted on October 10, 2016 7:03 am<http://electionlawblog.org/?p=87337> by Rick Hasen<http://electionlawblog.org/?author=3>

Doug Chapin:<http://editions.lib.umn.edu/electionacademy/2016/10/10/2016-the-belt-and-suspenders-election/>

But this year I’ve also noticed something new; many voters are casting ballots and engaging with the election process earlier and in greater numbers than I can remember. Moreover, there seems to be an intensity and urgency that is unusual in my experience. In just the last few weeks, I’ve seen colleagues in the field report overseas voters returning Federal Write-in Ballots (FWABs) as soon as voting opened rather than wait for regular ballots to reach them and multiple registration forms and/or online registration transactions from the same voters – sometimes AFTER they had been sent a vote-by-mail ballot.

Some of this is undoubtedly the result of voter outreach, amplified by social media, by state and local election officials, offices like the Federal Voting Assistance Program or efforts like National Voter Registration Day. But I think this year in particular there is something else going on: voters seem (dare I say it) hellbent on ensuring that their vote counts and are therefore willing to overcompensate in order to make it happen.
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Posted in voting<http://electionlawblog.org/?cat=31>
“Trump’s Promise to Jail Clinton Is a Threat to American Democracy”<http://electionlawblog.org/?p=87335>
Posted on October 10, 2016 6:58 am<http://electionlawblog.org/?p=87335> by Rick Hasen<http://electionlawblog.org/?author=3>

Yoni Appelbaum in The Atlantic:<http://www.theatlantic.com/politics/archive/2016/10/trumps-promise-to-jail-clinton-is-a-threat-to-american-democracy/503516/>

You know,” Clinton later responded, “It’s just awfully good that someone with the temperament of Donald Trump is not in charge of the law in our country.” Trump couldn’t resist. “Because you would be in jail,” he broke in.

This is not how special prosecutors work. There are a number of legal mechanisms for the appointment of special counsel by the attorney general, all designed to allow for investigations of executive-branch officials free from the threat of political interference. Trump proposed the opposite: directing his attorney general to appoint a prosecutor to go after a political rival who he’s publicly said should “be in jail.”

This is not how the presidency works. When Richard Nixon tried to interfere in an ongoing investigation, Attorney General Elliott Richardson resigned. And even if Trump could find a more malleable attorney general, and discard precedent, he’d still lack the power to jail Clinton unilaterally. Presidents are not in charge of the law, but of its faithful execution.

This is also not how democracies work. Elected officials do not jail their foes. The Constitution specifically prohibits bills of attainder—legislation designed to punish individuals, thereby circumventing the judicial process—to bar despotic rulers from persecuting their opponents. The jailing of political opponents is a feature of repressive dictatorships, not vibrant democracies.

But it is fully in keeping with how Trump’s campaign has worked. He accepted the nomination in Cleveland in July. The defining chant of that convention was not, “Make America Great Again.” It was “Lock Her Up!”

And on Sunday, that’s exactly what Trump vowed to do.
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Posted in campaigns<http://electionlawblog.org/?cat=59>

--
Rick Hasen
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UC Irvine School of Law
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