[EL] ELB News and Commentary 10/12/16

Tue Oct 11 15:43:10 PDT 2016

Back Thursday<http://electionlawblog.org/?p=87411>
Posted on October 11, 2016 3:41 pm<http://electionlawblog.org/?p=87411> by Rick Hasen<http://electionlawblog.org/?author=3>

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

“Donald Trump’s New Attack Strategy: Suppress Clinton Vote”<http://electionlawblog.org/?p=87409>
Posted on October 11, 2016 3:37 pm<http://electionlawblog.org/?p=87409> by Rick Hasen<http://electionlawblog.org/?author=3>

WSJ:<http://www.wsj.com/articles/donald-trumps-new-attack-strategy-keep-clinton-voters-home-1476221895>

Donald Trump<http://topics.wsj.com/person/T/Donald-Trump/159>, faced with opposition inside and outside his party<http://www.wsj.com/articles/donald-trumps-lewd-comments-about-women-spark-uproar-1475886118>, plans to renew the nationalist themes that built his base and amplify his no-holds-barred attacks againstHillary Clinton<http://topics.wsj.com/person/C/Hillary-Clinton/6344> to depress Democratic voter turnout, his advisers said.

Following the release of a tape-recording of his lewd comments about women<http://www.wsj.com/articles/donald-trumps-lewd-comments-about-women-spark-uproar-1475886118> and severalhigh-profile Republican defections <http://blogs.wsj.com/washwire/2016/10/08/how-senior-gop-figures-are-reacting-to-trump-tape-in-their-own-words/> over the weekend, Mr. Trump has effectively given up the conventional wisdom of trying to reach voters far outside his core of support, one high-level Republican supporter said.

The decision means that a campaign already marked by intensely personal attacks is primed to grow even uglier in the remaining four weeks. Mr. Trump plans to keep up a relentless assault on Mrs. Clinton, including her use of a private email server and allegations about her husband, former President Bill Clinton, with the intention of keeping some of her supporters home on Election Day, his advisers said.
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Posted in campaigns<http://electionlawblog.org/?cat=59>

Quote of the Day<http://electionlawblog.org/?p=87407>
Posted on October 11, 2016 3:32 pm<http://electionlawblog.org/?p=87407> by Rick Hasen<http://electionlawblog.org/?author=3>

“Your vote really, really, really counts — a lot. You can consider me as an exhibit A of that group. Now, for those of you who are younger than 25, you might not remember the election of 2000 and what happened here in Florida and across the country. For those of you older than 25, I heard you murmuring just now. But take it from me, it was a very close election.”

—Al Gore<http://www.politico.com/story/2016/10/al-gore-hillary-clinton-each-vote-matters-229625#ixzz4MokDRWPi>, speaking at a Florida campaign event for Hillary Clinton.
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Posted in Bush v. Gore reflections<http://electionlawblog.org/?cat=5>, campaigns<http://electionlawblog.org/?cat=59>

Oh Please Dept: “Republicans tell Trump to quit claiming rigged election”<http://electionlawblog.org/?p=87404>
Posted on October 11, 2016 3:20 pm<http://electionlawblog.org/?p=87404> by Rick Hasen<http://electionlawblog.org/?author=3>

Important Politico report.<http://www.politico.com/story/2016/10/republicans-rigged-election-claim-donald-trump-229630>

The even got former Sen. Kit Bond—KIT BOND—to condemn this.

And if you are wondering why that’s a big deal, read either my Voting War<https://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300198248>s book or Lorraine Minnite’s Myth of Voter Fraud.<https://www.amazon.com/Myth-Voter-Fraud-Lorraine-Minnite/dp/0801448484> Bond was one of the early pushers of the voter fraud myth.

Trump’s rhetoric is exactly what one would expect after years of irresponsible voter fraud talk<http://talkingpointsmemo.com/cafe/trump-rigged-election-republican-voter-fraud-hysteria>.

Here’s an ELB post f<https://electionlawblog.org/?p=39410>rom 2012:

Former Senator Kit Bond Says Republican Lawyers Must Stop Election from Being Stolen By Obama Who Will “Stop at Nothing” to Get the Votes He Needs to Win
Posted on August 30, 2012 1:58 pm<https://electionlawblog.org/?p=39410> by Rick Hasen<https://electionlawblog.org/?author=3>

See here.<http://legaltimes.typepad.com/blt/2012/08/over-bbq-and-beer-gop-lawyers-in-tampa-warn-of-stolen-election.html>

Chapter 2 of The Voting Wars<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1329286945&sr=1-2-catcorr> discusses Bond’s earlier—and debunked—claims of stolen elections in the past.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>

“The Problem with Voting Rights in New York”<http://electionlawblog.org/?p=87402>
Posted on October 11, 2016 3:13 pm<http://electionlawblog.org/?p=87402> by Rick Hasen<http://electionlawblog.org/?author=3>

Jeffrey Toobin <http://www.newyorker.com/news/daily-comment/the-problem-with-voting-rights-in-new-york> in The New Yorker.

He’s 100% right on this one.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Supreme Court candidates suggest their opponents have been bought”<http://electionlawblog.org/?p=87400>
Posted on October 11, 2016 12:14 pm<http://electionlawblog.org/?p=87400> by Rick Hasen<http://electionlawblog.org/?author=3>

Montana Standard:<http://mtstandard.com/news/state-and-regional/supreme-court-candidates-suggest-their-opponents-have-been-bought/article_093b9b03-ec1e-5db3-ab62-031d7459b9be.html>

But the spike in spending on judicial campaigns has heightened public concerns over whether the justices who are elected can do that.

More than $1.1 million has been raised by Juras, Sandefur and organizations supporting their campaigns, according to state campaign finance records. The Republican State Leadership Committee’s Judicial Fairness Initiative, a DC-based political group funded primarily by large corporations, has bought ads to attack Sandefur, while various political action committees of the Montana Trial Lawyers Association have lined up to oppose Juras in what could be another record-setting fundraising year.

“We have out-of-state corporate money being dumped into Montana by the Koch brothers and major companies not in Montana, who don’t give a hoot,” Sandefur said. “Don’t give a hoot about crime victims. Don’t give a hoot about criminal justice.”

McGrath called it “unfortunate” that the state’s strict rules on campaign contributions and disclosure were largely erased by the Supreme Court of the United States’ Citizens United ruling, leading to unlimited and often undisclosed independent expenditures in campaigns. He argued in an opinion that the nation’s top court ultimately struck down that the ruling, which had focused on federal elections, did not consider the influence of big money on state-level judicial races. Federal judges are appointed.
“It’s easy to cherry pick somebody’s record, like they did Dirk (Sandefur)’s, and distort what they did in that particular case,” McGrath said, referencing advertisements paid for by the Republican State Leadership Committee, a national nonprofit that does not have to disclose its donors except sometimes in tax filings months after Election Day. “We don’t know who those people are or what the source of their money is.”
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, judicial elections<http://electionlawblog.org/?cat=19>

“Thousands of Wisconsin Absentee Ballots at Risk of Rejection”–New Lawsuit May Be Coming<http://electionlawblog.org/?p=87398>
Posted on October 11, 2016 12:09 pm<http://electionlawblog.org/?p=87398> by Rick Hasen<http://electionlawblog.org/?author=3>

Press release about another Wisconsin election issue to watch closely:

Today, the League of Women Voters of Wisconsin and the Fair Elections Legal Network submitted a letter to the Wisconsin Elections Commission requesting they take swift action so thousands of absentee voters are not disenfranchised in the upcoming election. As of last week, approximately 400 completed ballots in Milwaukee and 200 in Racine were at risk of not being counted because of an “incomplete” witness address – often because the municipality was not recorded.

The confusion stems from a measure passed last year, Act 261, which requires the rejection of absentee ballots with a missing witness address on the certificate envelope. It does not define what a “missing address” is. An October 4 memo sent to local election officials from the Wisconsin Elections Commission stated a witness must include a street number, street name and municipality, but the absentee ballot certificate and instructions did not inform absentee voters that technical errors such as omitting a municipality would result in rejection. The new complete address policy was sent to the local clerks after absentee voting was already under way, so absentee voters were not given notice.

Since voting has only just begun, the number of ballots with witness addresses that contain a street address but no municipality will likely increase and it is up to local clerks to voluntarily contact voters to correct their absentee ballot submission. This is a challenge because most voters do not provide phone numbers or email addresses, and mailing the absentee ballots back to voters will delay notification and corrections. Ballots could be received up until Election Day, leaving little time to contact voters many of whom will be out of town. Since municipal clerks can easily figure out a municipality, contacting voters to resolve this issue is an unnecessary additional burden on top of the current preparations local elections officials are making less than 30 days from Election Day.

The League of Women Voters of Wisconsin and the Fair Elections Legal Network are asking the Wisconsin Elections Commission to adopt a new policy for witness addresses on absentee ballots which would accept submissions that include a residential street address but lack the municipality name.

A lawsuit is being prepared in case the Wisconsin Elections Commission does not take action at this Friday’s meeting.

The letter delivered to the Wisconsin Elections Commission can be found here.<http://www.lwvwi.org/Portals/0/News%20and%20Events/PDFS/WEC%20Letter%20re%20Complete%20Address%20Policy%20Final.pdf>
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Posted in absentee ballots<http://electionlawblog.org/?cat=53>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Scott Walker Says Wisconsin’s Voter-ID Law Is Working ‘Just Fine’—It’s Not”<http://electionlawblog.org/?p=87396>
Posted on October 11, 2016 11:08 am<http://electionlawblog.org/?p=87396> by Rick Hasen<http://electionlawblog.org/?author=3>

Ari Berman<https://www.thenation.com/article/scott-walker-says-wisconsins-voter-id-law-is-working-just-fine-its-not/>:

Wisconsin shows how problems with voter-ID laws are a feature, not a bug.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>

Goldfeder’s Presidential Quiz<http://electionlawblog.org/?p=87394>
Posted on October 11, 2016 11:05 am<http://electionlawblog.org/?p=87394> by Rick Hasen<http://electionlawblog.org/?author=3>

Knock yourself out.<http://www.stroock.com/files/upload/JerryGoldfederDailyQuiz.pdf>
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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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