[EL] ELB News and Commentary 10/14/16

Thu Oct 13 20:37:19 PDT 2016

Judge Peterson Issues Order to Try to Fix WI Voter ID Softening<http://electionlawblog.org/?p=87481>
Posted on October 13, 2016 8:32 pm<http://electionlawblog.org/?p=87481> by Rick Hasen<http://electionlawblog.org/?author=3>

As Patrick Marley tweeted<https://twitter.com/patrickdmarley/status/786758902620819456>, Judge Peterson has now issued a written order <http://electionlawblog.org/wp-content/uploads/voter-ID-order-on-IDPP-changes.pdf> related to how to fix the problems with the Wisconsin voter id softening (see his earlier story<https://t.co/NSYs765Xaf>). From the order:

As the court explained during the October 12 and 13 hearings, the court does not believe that it has the authority to suspend Wisconsin’s voter ID law for the November election. While this case is on appeal, the court’s authority is limited to enforcing the current injunction, not entering a new one. Even if the court did have the authority to reverse course at this point, the court would not do so for several reasons. Voting is already underway, and for reasons explained in the court’s July 29 order, Dkt. 234, the court intends to respect Wisconsin’s decision to implement a strict voter ID law. But most important, the problems with the IDPP are amenable to a targeted solution: better training of DMV employees and better communication to the public.

To be clear yet again: the IDPP is deeply flawed, and the emergency rule that provides the receipts valid for voting is not a perfect solution. But with better training and public communication, the IDPP and the emergency rule will provide reasonable assurance that those without an acceptable voting ID can get one without undue burden (under current constitutional standards).

As discussed at the hearing, the court-ordered improvements will come in two phases. First, the area in need of immediate reform: the information voters are receiving from the DMV about the IDPP. By 12:00 p.m. tomorrow, October 14, 2016, the parties will file: (1) a proposed one-page information sheet or “palm card” that clearly and succinctly explains how a voter enters the IDPP and what the voter can expect after initiating the process; (2) a proposed takeaway letter that applicants will receive immediately after entering the IDPP that explains when they should expect their receipt valid for voting and that shows what the receipt will look like; (3) a revised page on the DMV website that explains the IDPP. The court intends to approve the forms of these documents and plans on October 14, so that the state may implement them on Monday, October 17, 2016. That implementation will include distributing the revised documents (or links to them as appropriate) to the DMV contact list and the WEC municipal clerk distribution list.

Phase two will require the parties to propose additional reforms next week. The court expects the parties to propose quality assurance measures, including follow-up training and competency checks for DMV employees and “secret shopper” efforts similar to those that the state has already employed with the help of undercover state troopers; revisions to the checklist to assist DMV employees as they guide customers to and through the IDPP; and a public information campaign.

The parties will submit their joint phase two proposal (noting where the parties diverge in their recommendations) by Friday, October 21, 2016. The state will also file status reports with the court on October 21; October 28; November 4; and November 11. The court will be particularly interested in hearing about the state’s quality assurance and outreach efforts.

Also, beginning immediately, the IDPP receipts valid for voting will expire 180 days—as opposed to 60 days—after issuance.
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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>

“He says he won’t quit, so how do you solve a problem like Donald Trump?”<http://electionlawblog.org/?p=87479>
Posted on October 13, 2016 8:16 pm<http://electionlawblog.org/?p=87479> by Rick Hasen<http://electionlawblog.org/?author=3>

National Pos<http://news.nationalpost.com/news/world/he-says-he-wont-quit-so-how-do-you-solve-a-problem-like-donald-trump>t reports.

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Posted in campaigns<http://electionlawblog.org/?cat=59>

“Ohio does not want to add most illegally purged voters back to the rolls”<http://electionlawblog.org/?p=87477>
Posted on October 13, 2016 8:12 pm<http://electionlawblog.org/?p=87477> by Rick Hasen<http://electionlawblog.org/?author=3>

Think Progress:<https://thinkprogress.org/ohio-does-not-want-to-add-most-illegally-purged-voters-back-to-the-rolls-1865f1056567#.itsyv6pgl>

A few weeks ago, a federal court declared<http://www.dispatch.com/content/stories/local/2016/09/23/voter-roll-purge-ruling.html> Ohio’s purge of Harmon and more than one million other inactive voters illegal. Since then, the state and voting rights groups have been negotiating a settlement to allow most of those illegally purged to cast ballots this November. Those negotiations broke down this week, and the state submitted its own proposal<https://www.scribd.com/document/327498093/Ohio-Voting-Rights-Groups-Proposal-for-Reinstating-Voters> to the U.S. District Court that would only let a narrow segment of purged voters to participate.

The state’s plan, which they called a “reasonable compromise,” would exclude anyone illegally purged before 2015, anyone who needs to vote by mail, and anyone who has moved since they last registered to vote. Only those purged last year who have the same address they had in 2011 and can vote in person would qualify.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter registration<http://electionlawblog.org/?cat=37>

“Judge refuses to require more early voting in N Carolina”<http://electionlawblog.org/?p=87475>
Posted on October 13, 2016 8:02 pm<http://electionlawblog.org/?p=87475> by Rick Hasen<http://electionlawblog.org/?author=3>

AP<http://www.wral.com/judge-refuses-to-require-more-early-voting-in-n-carolina/16114302/>: “A judge has refused to order North Carolina officials to expand early in-person voting in five counties after some voters alleged the counties’ voting schedules didn’t comply with a court’s ruling last summer over ballot access.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

The Russian Hack of U.S. Election Systems is About Delegitimizing, Not Changing, the Result, and It Feeds Trump Vote-Rigging Claim<http://electionlawblog.org/?p=87471>
Posted on October 13, 2016 3:31 pm<http://electionlawblog.org/?p=87471> by Rick Hasen<http://electionlawblog.org/?author=3>

The headlines over the last few weeks are suggesting Russian “hacks” of U.S. election systems. But the kinds of election systems hacked are not the ones that would change election results (at least so far). Instead, I think the Russians are playing a different, also dangerous, game involving misinformation and disruption.

Let’s start with what we know.

We know that it is Russia behind the hacking<http://www.nytimes.com/2016/10/08/us/politics/us-formally-accuses-russia-of-stealing-dnc-emails.html>.

Most people know about the Wikileaks revelations from the Podesta emails<http://www.cbsnews.com/news/the-john-podesta-emails-released-by-wikileaks/>, with the goal of embarrassing the Clinton administration and potentially affecting the outcome of the election. Maybe if Trump were not the opponent, these leaks would have more of an effect.

But beyond that there have been numerous reports of Russian hackers going after U.S. election systems, such as going after the voter registration databases<https://www.washingtonpost.com/world/national-security/fbi-is-investigating-foreign-hacks-of-state-election-systems/2016/08/29/6e758ff4-6e00-11e6-8365-b19e428a975e_story.html> of Illinois and Arizona. There does not appear to be any evidence of hackers removing voters from the rolls, or adding fake voters to the rolls. The EAC<https://www.eac.gov/assets/1/Documents/Election.Security.Statement.EAC.8.5.16.pdf> and DHS<https://gcn.com/articles/2016/08/17/dhs-voting-security.aspx> have offered state and local officials tools to make sure that such systems are secured.

More importantly, very few vote counting systems used by state are connected the Internet, and election officials are taking lots of steps to make sure that there is no corruption of those systems. Most, but not all, votes are cast using ballots with a paper trail, which could be recounted in the event of a concern with hacking or an error in audits. (We should get rid of all electronic voting machines that don’t produce a paper trail). Andrew Appel spells out<https://freedom-to-tinker.com/2016/08/17/security-against-election-hacking-part-1-software-independence/> what we need to do to keep our system secure.

So if the Russians are not actually changing our election results, what might they be doing? The hacks and probing of election systems generate headlines which can undermine the public’s trust in the electoral process. As CNN noted<http://www.cnn.com/2016/10/12/politics/russia-hack-us-election/>, the hacks have already caused people to be suspicious about the election. And this feeds exactly into Donald Trump’s irresponsible statements that the vote will be rigged<http://www.latimes.com/opinion/op-ed/la-oe-hasen-vote-rigging-20160816-snap-story.html> or stolen<http://electionlawblog.org/?p=87448>. In a close race, it is possible that Trump won’t concede<https://www.commentarymagazine.com/american-society/what-if-donald-trump-wont-concede/> and will instead create turmoil and threaten what we take for granted: the peaceful transition<http://talkingpointsmemo.com/cafe/trump-rigged-election-republican-voter-fraud-hysteria> of political power between presidencies. <http://electionlawblog.org/?p=87068>

In short, the Russian hacking of our elections should be seen for what it is: an attempt to manipulate and destabilize the U.S., with an unwitting assist from an irresponsible presidential candidate spewing unsupported claims about rigged elections.
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Posted in chicanery<http://electionlawblog.org/?cat=12>

“How Evan McMullin Could Win Utah And The Presidency; It’s unlikely, but far from impossible”<http://electionlawblog.org/?p=87469>
Posted on October 13, 2016 2:32 pm<http://electionlawblog.org/?p=87469> by Rick Hasen<http://electionlawblog.org/?author=3>

FiveThirtyEight.<http://fivethirtyeight.com/features/how-evan-mcmullin-could-win-utah-and-the-presidency/>
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Posted in campaigns<http://electionlawblog.org/?cat=59>, electoral college<http://electionlawblog.org/?cat=44>, third parties<http://electionlawblog.org/?cat=47>

The Menagerie that is Wisconsin’s Voter ID Law/Litigation<http://electionlawblog.org/?p=87467>
Posted on October 13, 2016 2:30 pm<http://electionlawblog.org/?p=87467> by Rick Hasen<http://electionlawblog.org/?author=3>

Great timeline.<https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1prjb0g7eebsoYakOeBHFOsaQKKSaMdl1_R1N2qXgGJk&font=Default&lang=en&initial_zoom=2&height=650>

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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>

“What If Trump Won’t Concede?”<http://electionlawblog.org/?p=87465>
Posted on October 13, 2016 2:27 pm<http://electionlawblog.org/?p=87465> by Rick Hasen<http://electionlawblog.org/?author=3>

Noah Rothman<https://www.commentarymagazine.com/american-society/what-if-donald-trump-wont-concede/> for Commentary.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, election administration<http://electionlawblog.org/?cat=18>

“Conservative group may have broken Fla. law in secret recording of Clinton campaign voter-registration shenanigans”<http://electionlawblog.org/?p=87463>
Posted on October 13, 2016 2:09 pm<http://electionlawblog.org/?p=87463> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico:<http://www.politico.com/states/florida/story/2016/10/conservative-group-may-have-broken-fla-law-in-secret-recording-of-clinton-campaign-voter-registration-shenanigans-106365>

The conservative Project Veritas group might have broken Florida law by secretly shooting video of Hillary Clinton staffers making crude comments and discussing the destruction of Republican voter-registration forms.

The video was shot recently by a Project Veritas mole who infiltrated the Clinton campaign’s Palm Beach County operation run by the Florida Democratic Party, which denies wrongdoing and says its staffers were surreptitiously recorded without their permission or knowledge, a violation of Florida law.

The video rocketed through conservative media after it was released yesterday and led to protesters outside the campaign’s office in the county, where Donald Trump spoke earlier today and owns the Mar-a-Lago resort. While Trump backers say the video shows how the election will be “rigged,” there’s no evidence that Clinton’s campaign broke the law — unlike Project Veritas, which could not be reached via phone or email for comment.

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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>

Two Dissents Now Filed in 6th Circ. Refusal to Take OH Provisional Ballots Case En Banc<http://electionlawblog.org/?p=87461>
Posted on October 13, 2016 2:06 pm<http://electionlawblog.org/?p=87461> by Rick Hasen<http://electionlawblog.org/?author=3>

On October 7th, I noted that<http://electionlawblog.org/?p=87282> the 6th Circuit refused to take a controversial Ohio voting case en banc. Then the court promised some opinions to follow. You can now read the two dissenting opinions here<http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0255p-06.pdf>.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“US voters in Israel say iVoteIsrael flubbed absentee ballot requests”<http://electionlawblog.org/?p=87458>
Posted on October 13, 2016 10:46 am<http://electionlawblog.org/?p=87458> by Rick Hasen<http://electionlawblog.org/?author=3>

Jerusalem Post:<http://m.jpost.com/Israel-News/US-voters-in-Israel-say-iVoteIsrael-flubbed-absentee-ballot-requests-470071#article=0MkUyQjQxNTk5MTVBMDIwRThGRjBCREFFNDk3MkVFQkU=>

Several US citizens in Israel complained that get-out-the-vote organization iVoteIsrael did not mail in their ballots ahead of deadline.

Absentee ballot requests must be postmarked by Friday at the latest in order to be accepted in New York, a state from which many American-Israelis hail. The deadline in most of the other states with many olim is for receiving the request, not a postmark, and is early November.
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Posted in absentee ballots<http://electionlawblog.org/?cat=53>, campaigns<http://electionlawblog.org/?cat=59>, election administration<http://electionlawblog.org/?cat=18>

“Texas Voter ID Troubles Continue; District Court Orders Judicial Oversight of Texas Voter Education – And the State Doubles Down By Disparaging the Motives Of Voters Who Claim Not To Have Photo I.D.”<http://electionlawblog.org/?p=87456>
Posted on October 13, 2016 10:38 am<http://electionlawblog.org/?p=87456> by Rick Hasen<http://electionlawblog.org/?author=3>

Texas Election Law Blog post.<https://texaselectionlaw.wordpress.com/2016/10/13/texas-voter-id-troubles-continue-district-court-orders-judicial-oversight-of-texas-voter-education-and-the-state-doubles-down-by-disparaging-the-motives-of-voters-who-claim-not-to-have-photo-i-d/>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Court Victories Don’t Mean Voters Are in the Clear”<http://electionlawblog.org/?p=87454>
Posted on October 13, 2016 10:22 am<http://electionlawblog.org/?p=87454> by Rick Hasen<http://electionlawblog.org/?author=3>

Goldfeder and Perez write.<http://www.stroock.com/siteFiles/Publications/NYLJGoldfederOct06.pdf>

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

“Will ranked-choice voting succeed in Maine? That depends on the Democrats.”<http://electionlawblog.org/?p=87452>
Posted on October 13, 2016 9:26 am<http://electionlawblog.org/?p=87452> by Rick Hasen<http://electionlawblog.org/?author=3>

Jack Santucci <https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/13/will-ranked-choice-voting-succeed-in-maine-that-depends-on-the-democrats/> for the Monkey Cage.
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Posted in alternative voting systems<http://electionlawblog.org/?cat=63>

“We Must Address Gerrymandering”<http://electionlawblog.org/?p=87450>
Posted on October 13, 2016 8:46 am<http://electionlawblog.org/?p=87450> by Rick Hasen<http://electionlawblog.org/?author=3>

Tom Mann<http://time.com/4527291/2016-election-gerrymandering/?xid=emailshare> for TIME.
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Posted in redistricting<http://electionlawblog.org/?cat=6>

--
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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