[EL] The Danger of Trump's Comments

[Rick Hasen]

Sorry, you lost me at Project Veritas….


From: Benjamin Barr <benjamin.barr at gmail.com>
Date: Monday, October 17, 2016 at 2:00 PM
To: Rick Hasen <rhasen at law.uci.edu>
Cc: Election Law Listserv <law-election at uci.edu>
Subject: The Danger of Trump's Comments

Re: (Literally) Waking Up to the Danger of Trump’s Vote Rigging Comments to Democracy<http://electionlawblog.org/?p=87520>

While Donald Trump is worried, my client Project Veritas Action Fund just released a powerful investigation today.  In it, Veritas shows the collusion between Hillary for America, the DNC, Democracy Partners, and a host of outside groups working together to evade election law requirements, coordinate communications and strategy, and otherwise engage in what appears to be criminal activity.  And this coming from the lady who pledges to end "secret, unaccountable money in politics."

Enjoy the clip here<http://www.projectveritasaction.com/video/rigging-election-video-i-clinton-campaign-and-dnc-incite-violence-trump-rallies>.

Forward,

Benjamin Barr



On Sat, Oct 15, 2016 at 11:38 AM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
(Literally) Waking Up to the Danger of Trump’s Vote Rigging Comments to Democracy<http://electionlawblog.org/?p=87520>
Posted on October 15, 2016 8:32 am<http://electionlawblog.org/?p=87520> by Rick Hasen<http://electionlawblog.org/?author=3>
This morning Donald Trump tweeted<https://twitter.com/realDonaldTrump/status/787267564405653505>: “Hillary Clinton should have been prosecuted and should be in jail. Instead she is running for president in what looks like a rigged election.” People in the media and broader society are suddenly that Donald Trump is now threatening the core of our democracy: rule of law and the belief in the peaceful transition of power across presidential administrations.
But this is nothing new. See my October 1 post, Trump’s Irresponsible Vote-Rigging Statements Literally Putting Our Democracy at Risk.<http://electionlawblog.org/?p=87068> Or back on August 20th, when I had a post<http://electionlawblog.org/?p=85598> with this accompanying picture:
[reen Shot 2016-08-20 at 4.28.13 PM]<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2016-08-20-at-4.28.13-PM.png>
Trump has been making these statements for months, essentially claiming without any credible evidence whatsoever that racial minorities and labor unions in Democratic areas like Philadelphia will use voter impersonation. Trump’s comments are a natural outgrowth of the kind of voter fraud hysteria<http://talkingpointsmemo.com/cafe/trump-rigged-election-republican-voter-fraud-hysteria> we’ve seen from some Republicans for the last decade and a half.
Trump’s comments are especially dangerous because he is encouraging his supporters to take matters into their own hands. He’s telling his supporters to go to “certain areas” looking for fraud at the polls. This means a real risk of voter intimidation even if Trump himself organizes nothing. There will be people in red shirts marching <http://www.wnd.com/2016/09/trump-army-planning-to-flood-polling-stations-with-red/> to the polls.  Consider these comments from a Boston Globe article<http://www.bostonglobe.com/news/politics/2016/10/15/donald-trump-warnings-conspiracy-rig-election-are-stoking-anger-among-his-followers/LcCY6e0QOcfH8VdeK9UdsM/story.html?event=event25> today.

His supporters are heeding the call.
“Trump said to watch you precincts. I’m going to go, for sure,” said Steve Webb, a 61-year-old carpenter from Fairfield, Ohio.
“I’ll look for . . . well, it’s called racial profiling. Mexicans. Syrians. People who can’t speak American,” he said. “I’m going to go right up behind them. I’ll do everything legally. I want to see if they are accountable. I’m not going to do anything illegal. I’m going to make them a little bit nervous.”
Some Trump supporters say that if he doesn’t win, they figure the United States government will be no better than dictatorships where elections cannot be trusted.
“We’re heading toward North Korea, without a doubt,” said Grant Reed, a Trump supporter wearing a shirt that said, “If you’re offended, I’ll help you pack.”
What can be done? Ned Foley nails it for what should happen if Trump fails to concede: <http://prawfsblawg.blogs.com/prawfsblawg/2016/10/if-trump-never-concedes-.html> “To my mind, what will be key is the conduct and statements of Paul Ryan and Mitch McConnell as the leaders of the Republican party in Congress.  If they publicly concede that Trump has lost, and the media appropriately reports the significance of their concession, the nation’s democratic system can take that as the requisite sign of closure, whatever antics Trump might engage in.”
But Ryan and McConnell need to STEP UP NOW. They should not be wimps. They should condemn this rhetoric as dangerous and say that we all, Democrats and Republicans and those of minor or no parties, support the rule of law. We will all accept the results of the election. And Donald Trump’s comments are dangerous and irresponsible.
And then after the election, maybe Republicans like Kit Bond<http://electionlawblog.org/?p=87404>, McConnell and Ryan can do some soul searching and call off the dangerous voter fraud rhetoric that got us here in the first place.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87520&title=(Literally)%20Waking%20Up%20to%20the%20Danger%20of%20Trump%E2%80%99s%20Vote%20Rigging%20Comments%20to%20Democracy&description=>
Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Opening the books on political giving by Comcast and others”<http://electionlawblog.org/?p=87518>
Posted on October 15, 2016 8:10 am<http://electionlawblog.org/?p=87518> by Rick Hasen<http://electionlawblog.org/?author=3>
Philly.com:<http://www.philly.com/philly/business/20161016_Opening_the_books_on_political_giving_by_Comcast_and_others.html>
Among the more than 4,000 political donations totaling $12 million that Comcast Corp. made in 2014 and 2015, one recipient stands out: the Republican Party of Florida.
As Comcast ran cable systems in Miami and its Universal theme-park subsidiary in Orlando, the company gave $733,932 to the state Republican Party, according to Comcast posts on its website.
GOP leaders in Florida did not return phone calls about this spending. But Comcast says about $400,000 was “in-kind contributions” for state Republicans to hold fund-raisers at the Universal theme park.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87518&title=%E2%80%9COpening%20the%20books%20on%20political%20giving%20by%20Comcast%20and%20others%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>
The Simpsons Take on U.S. Election, Russian Vote Hacking<http://electionlawblog.org/?p=87516>
Posted on October 15, 2016 8:07 am<http://electionlawblog.org/?p=87516> by Rick Hasen<http://electionlawblog.org/?author=3>
Watch.<https://www.youtube.com/watch?v=xK_Ahtg5CxE>
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87516&title=The%20Simpsons%20Take%20on%20U.S.%20Election%2C%20Russian%20Vote%20Hacking&description=>
Posted in election law "humor"<http://electionlawblog.org/?cat=52>
“State makes it easier to fix ballot”<http://electionlawblog.org/?p=87514>
Posted on October 14, 2016 1:24 pm<http://electionlawblog.org/?p=87514> by Rick Hasen<http://electionlawblog.org/?author=3>
Good news<http://www.jsonline.com/story/news/politics/elections/2016/10/14/state-makes-easier-fix-ballots/92052894/> from Wisconsin:
The state Elections Commission on Friday made it easier for local clerks to fix minor errors on absentee ballots to make sure they are counted.
The move is aimed at making sure thousands of absentee ballots are not tossed out<http://www.jsonline.com/story/news/politics/elections/2016/10/07/absentee-ballots-risk-being-tossed/91728826/>simply because witnesses for the voters did not provide their full addresses.
In most cases where ballots are at risk, the error is a minor one — the witness provided a street address but not the name of a municipality. Often, the voter and witness live at the same address, but clerks have not been allowed to fill in the missing information unless they tracked down the voter and gotten his or her permission.
The Elections Commission reversed that policy Friday, unanimously telling clerks they must add municipalities to the witness information if they were able to determine that information. They will not have to get the permission of the voter, as they were previously required.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87514&title=%E2%80%9CState%20makes%20it%20easier%20to%20fix%20ballot%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>
“GOP States Keep Ignoring Court Orders to Restore Voting Rights”<http://electionlawblog.org/?p=87512>
Posted on October 14, 2016 1:10 pm<http://electionlawblog.org/?p=87512> by Rick Hasen<http://electionlawblog.org/?author=3>
Ari Berman writes<https://www.thenation.com/article/gop-states-keep-ignoring-court-orders-to-restore-voting-rights/> for The Nation.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87512&title=%E2%80%9CGOP%20States%20Keep%20Ignoring%20Court%20Orders%20to%20Restore%20Voting%20Rights%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“NC Democratic Party sues to extend voter registration deadline”<http://electionlawblog.org/?p=87509>
Posted on October 14, 2016 1:00 pm<http://electionlawblog.org/?p=87509> by Rick Hasen<http://electionlawblog.org/?author=3>
WRAL<http://www.wral.com/nc-democratic-party-sues-to-extend-voter-registration-deadline/16117206/>:
The North Carolina Democratic Party is suing state election officials to extend the state’s voter registration deadline beyond Friday due to the impact from Hurricane Matthew.
In a lawsuit<http://www.wral.com/news/state/nccapitol/document/16117207/> and accompanying motion for a restraining order<http://www.wral.com/news/state/nccapitol/document/16117210/>, lawyers argue on behalf of the party that the state should extend its formal voter registration deadline until next Wednesday.

[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87509&title=%E2%80%9CNC%20Democratic%20Party%20sues%20to%20extend%20voter%20registration%20deadline%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>
Federal Court Extends Voter Registration in Chatham County, GA to October 18<http://electionlawblog.org/?p=87506>
Posted on October 14, 2016 12:40 pm<http://electionlawblog.org/?p=87506> by Rick Hasen<http://electionlawblog.org/?author=3>
You can read the order here.<http://electionlawblog.org/wp-content/uploads/016-Order-granting-preliminary-injunction.pdf>
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87506&title=Federal%20Court%20Extends%20Voter%20Registration%20in%20Chatham%20County%2C%20GA%20to%20October%2018&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>
Turnout and Perceptions of Electoral Integrity<http://electionlawblog.org/?p=87497>
Posted on October 14, 2016 9:26 am<http://electionlawblog.org/?p=87497> by Richard Pildes<http://electionlawblog.org/?author=7>
This chart, showing a strong relationship between voter turnout and perceptions of electoral integrity, comes from a recent paper, here<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844793>, by Pippa Norris, as part of her work with the international Electoral Integrity Project.  The data is taken from the 2012 American National Election Study.
[rnout-and-integrity]

[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87497&title=Turnout%20and%20Perceptions%20of%20Electoral%20Integrity&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Bloomberg Law Brief: Florida Voter Deadline Pushed Back (Audio)”<http://electionlawblog.org/?p=87491>
Posted on October 14, 2016 9:12 am<http://electionlawblog.org/?p=87491> by Rick Hasen<http://electionlawblog.org/?author=3>
Nate Persily and I were on Bloomberg Law radio talking to June Grasso and Greg Stohr about the latest voting litigation. Listen<http://www.bloomberg.com/news/audio/2016-10-14/bloomberg-law-brief-florida-voter-deadline-pushed-back-audio>.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87491&title=%E2%80%9CBloomberg%20Law%20Brief%3A%20Florida%20Voter%20Deadline%20Pushed%20Back%20(Audio)%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Podcast: The First Amendment and the freedom of expression”<http://electionlawblog.org/?p=87489>
Posted on October 14, 2016 8:54 am<http://electionlawblog.org/?p=87489> by Rick Hasen<http://electionlawblog.org/?author=3>
National Constitution Center<http://blog.constitutioncenter.org/2016/10/podcast-the-first-amendment-and-the-freedom-of-expression/> with Erwin Chemerinsky and Brad Smith.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87489&title=%E2%80%9CPodcast%3A%20The%20First%20Amendment%20and%20the%20freedom%20of%20expression%E2%80%9D&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Enough already: US elections are fair”<http://electionlawblog.org/?p=87487>
Posted on October 14, 2016 8:25 am<http://electionlawblog.org/?p=87487> by Rick Hasen<http://electionlawblog.org/?author=3>
Doug Chapin and Larry Jacobs <http://thehill.com/blogs/pundits-blog/campaign/300964-enough-already-us-elections-are-fair> in The Hill:
We’re hearing lots of talk lately about how “hacking” threatens our elections or that results are “rigged” and how, consequently, Americans can’t trust the outcome of votes held under the current system.
There are lots of reasons why this is an irresponsible and dangerous claim, but the worst might be the cruel slander it perpetrates on our election system’s greatest resource: its people.
More specifically, allegations of “hacking” and “rigging” fly in the face of the heroic efforts by our nation’s election administrators to prepare the system for voters on Election Day. In communities across America, election officials work countless hours to build and maintain voter rolls, test voting machines and staff polling locations in advance of the big day.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87487&title=%E2%80%9CEnough%20already%3A%20US%20elections%20are%20fair%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>
“Libertarians and Greens Can Win—Even If They Lose”<http://electionlawblog.org/?p=87485>
Posted on October 14, 2016 8:22 am<http://electionlawblog.org/?p=87485> by Rick Hasen<http://electionlawblog.org/?author=3>
Derek Muller has written this WSJ oped,<http://www.wsj.com/articles/libertarians-and-greens-can-wineven-if-they-lose-1476400747> with the subhead: “Should the Johnson or Stein campaigns earn 5% of the popular vote, their parties could receive public funding in 2020.”
It seems odd to me that Derek’s post does not even mention that voting for Johnson or Stein, if Trump is one’s third choice, is a vote that helps Trump (as I spelled out here<http://www.usatoday.com/story/opinion/2016/09/20/millennials-third-party-clinton-trump-be-careful-rick-hasen/90710934/>). Surely that might be important to voters considering a third party vote.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87485&title=%E2%80%9CLibertarians%20and%20Greens%20Can%20Win%E2%80%94Even%20If%20They%20Lose%E2%80%9D&description=>
Posted in alternative voting systems<http://electionlawblog.org/?cat=63>, campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
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.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87481&title=Judge%20Peterson%20Issues%20Order%20to%20Try%20to%20Fix%20WI%20Voter%20ID%20Softening&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>
“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.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87477&title=%E2%80%9COhio%20does%20not%20want%20to%20add%20most%20illegally%20purged%20voters%20back%20to%20the%20rolls%E2%80%9D&description=>
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.”
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87475&title=%E2%80%9CJudge%20refuses%20to%20require%20more%20early%20voting%20in%20N%20Carolina%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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http://electionlawblog.org<http://electionlawblog.org/>

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