[EL] ELB News and Commentary 10/21/16

[Rick Hasen]

“U.S. vote authorities warned to be alert to Russian hacks faking fraud: officials”<http://electionlawblog.org/?p=87882>
Posted on October 21, 2016 7:53 am<http://electionlawblog.org/?p=87882> by Rick Hasen<http://electionlawblog.org/?author=3>
Reuters:<http://www.reuters.com/article/us-usa-election-cyber-idUSKCN12L011?utm_campaign=trueAnthem:+Trending+Content&utm_content=580969bf04d301238b998106&utm_medium=trueAnthem&utm_source=twitter>
U.S. intelligence and law enforcement officials are warning that hackers with ties to Russia’s intelligence services could try to undermine the credibility of the presidential election by posting documents online purporting to show evidence of voter fraud.
The officials, who spoke on condition of anonymity, said however, that the U.S. election system is so large, diffuse and antiquated that hackers would not be able to change the outcome of the Nov. 8 election.
Out system being “antiquated” a defense against the Russians? Wow.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“No, Donald Trump Isn’t Doing What Al Gore Did In 2000”<http://electionlawblog.org/?p=87880>
Posted on October 21, 2016 7:49 am<http://electionlawblog.org/?p=87880> by Rick Hasen<http://electionlawblog.org/?author=3>
HuffPo.<http://www.huffingtonpost.com/entry/trump-al-gore-recount-fact-check_us_580842a7e4b0dd54ce37f853>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


Jim Bopp and I Differ in Understanding Trump’s Comments About Not Conceding<http://electionlawblog.org/?p=87878>
Posted on October 21, 2016 7:47 am<http://electionlawblog.org/?p=87878> by Rick Hasen<http://electionlawblog.org/?author=3>
What else is new?<https://twitter.com/chrisgeidner/status/788946270471749637/photo/1>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87878&title=Jim%20Bopp%20and%20I%20Differ%20in%20Understanding%20Trump%E2%80%99s%20Comments%20About%20Not%20Conceding>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“The Democrats are likely to win a majority of House votes, but not a majority of House seats. Again.”<http://electionlawblog.org/?p=87876>
Posted on October 21, 2016 7:45 am<http://electionlawblog.org/?p=87876> by Rick Hasen<http://electionlawblog.org/?author=3>
Eric McGhee <https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/21/the-democrats-are-likely-to-win-a-majority-of-house-votes-but-not-a-majority-of-house-seats-again/> for the Monkey Cage:
John Sides and I recently released a forecast<https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/18/will-donald-trump-cost-republicans-the-house-its-very-unlikely/> for this year’s U.S. House elections. This forecast shows that it will be hard, though not impossible, for the Democrats to retake the House, despite the problems facing Republican presidential nominee Donald Trump and the potential for him to hurt candidates down the ballot. Even if Clinton wins by 12 points and has strong coattails for House candidates, the Democrats have no better than a 50/50 chance of gaining the majority.
So does that mean that voters just prefer having the House in Republican hands?
Not exactly.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Newby and Necessity”<http://electionlawblog.org/?p=87874>
Posted on October 21, 2016 7:23 am<http://electionlawblog.org/?p=87874> by Rick Hasen<http://electionlawblog.org/?author=3>
Michael Morley<http://www.jurist.org/forum/2016/10/newby-and-necessity.php> for Jurist:
In short, requiring applicants to provide proof-of-citizenship is a common-sense backstop to help prevent the types of routine errors that inevitably arise when millions of people are filling out a particular form. In that sense, a proof-of-citizenship requirement<https://www.law.cornell.edu/uscode/text/52/20508-> is “necessary to enable the appropriate State election official to assess the eligibility of the applicant.” Newby (Brian) got it right; Newby (DC Circuit) got it wrong.
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Posted in election administration<http://electionlawblog.org/?cat=18>, Election Assistance Commission<http://electionlawblog.org/?cat=34>, The Voting Wars<http://electionlawblog.org/?cat=60>


“North Carolina counties that slashed early voting sites see hours-long lines”<http://electionlawblog.org/?p=87872>
Posted on October 21, 2016 7:20 am<http://electionlawblog.org/?p=87872> by Rick Hasen<http://electionlawblog.org/?author=3>
Alice Ollstein <https://thinkprogress.org/north-carolina-counties-that-slashed-early-voting-sites-see-hours-long-lines-fcffa0151748#.d1ona8jzg> for Think Progress:
One of the areas with the longest lines this week — Charlotte’s Mecklenburg County — offered 22 locations for the first day of early voting in 2012. This year, they offered only 10. Voters reported waiting for more than three hours<http://wfae.org/post/first-day-early-voting-brings-long-lines-charlotte>to cast a ballot.
North Carolina state and county officials pursued these cuts despite the overwhelming popularity of early voting. More than half<http://www.wsoctv.com/news/north-carolina/early-inperson-voting-getting-underway-in-north-carolina_/458991405> of all the votes cast in the 2012 election were cast early and in person, and black voters in particular favor early and in-person voting. A federal court found<https://thinkprogress.org/breaking-federal-appeals-court-strikes-down-the-worst-voter-suppression-law-in-the-nation-7de6c6fa9a6d#.3zfpj8i24> that before trying to eliminate the entire first week of early voting, the state requested data showing “African Americans disproportionately used the first seven days.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“What Happens if Trump Keeps Us ‘in Suspense’ on Election Night?”<http://electionlawblog.org/?p=87870>
Posted on October 21, 2016 7:12 am<http://electionlawblog.org/?p=87870> by Rick Hasen<http://electionlawblog.org/?author=3>
Ned Foley<http://www.politico.com/magazine/story/2016/10/trump-election-night-concede-214379> in Politico:
The trouble would come if Trump really digs in. If he alone claims fraud while everyone else disagrees, then his solitary rants are more pathetic than dangerous. But if the Republican Party as a whole joins Trump in asserting that the results of the election were tainted (unlikely as it seems), that would be an entirely—and far more serious—matter. When the voting system goes seriously awry, as it has a couple of times, the system relies on the losing side to be able to accept defeat eventually for the sake of the rule of law. The American tradition, extending back to the Founding Fathers, has been to accept electoral outcomes perceived as unfair if they are recognized as legally authoritative. A genuinely intransigent candidate—one who refused to carry on that tradition after the legal system has run its course, and with the backing of a political party—would be an unprecedented, and worrisome, event in American history.
Now is an excellent time to get off your duff and order Ned’s great book on the history of contested elections in the U.S., Ballot Battles<https://www.amazon.com/Ballot-Battles-History-Disputed-Elections/dp/0190235276>.

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Posted in recounts<http://electionlawblog.org/?cat=50>, The Voting Wars<http://electionlawblog.org/?cat=60>


Morning Consult Poll: When Voter Intimidation is Voter Fraud<http://electionlawblog.org/?p=87866>
Posted on October 21, 2016 7:00 am<http://electionlawblog.org/?p=87866> by Rick Hasen<http://electionlawblog.org/?author=3>
This is odd. Nearly half of respondents to a Morning Consult poll<https://morningconsult.com/2016/10/21/clinton-wins-third-debate-accept-results-chris-wallace/> say it is very or somewhat likely that there will be widespread voter fraud. But the # 1 type of fraud is not fraud at all: it is voter intimidation.
[creen-shot-2016-10-21-at-6-59-40-am]<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2016-10-21-at-6.59.40-AM.png>
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>


“Most states have no laws about guns in polling places. Some election officials think that could be a problem.”<http://electionlawblog.org/?p=87864>
Posted on October 21, 2016 6:56 am<http://electionlawblog.org/?p=87864> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo reports.<https://www.washingtonpost.com/news/the-fix/wp/2016/10/21/most-states-have-no-laws-about-guns-in-polling-places-some-election-officials-think-that-could-be-a-problem/>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“For Trump, challenging an election loss would be tough”<http://electionlawblog.org/?p=87862>
Posted on October 20, 2016 8:46 pm<http://electionlawblog.org/?p=87862> by Rick Hasen<http://electionlawblog.org/?author=3>
Dan Levine for Reuters.<http://www.reuters.com/article/us-usa-election-trump-challenge-idUSKCN12K2UD?il=0>

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


“Videos Put Democrats on Defensive About Dirty Tricks”<http://electionlawblog.org/?p=87860>
Posted on October 20, 2016 8:42 pm<http://electionlawblog.org/?p=87860> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/10/21/us/politics/video-dnc-trump-rallies.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=b-lede-package-region&region=top-news&WT.nav=top-news>
Mr. Creamer is not seen on the Project Veritas videos approving or endorsing plans to instigate fights at Trump rallies, but his underling, Mr. Foval, is shown boasting about using unseemly methods, like planting people at the gatherings to agitate the crowd.
“Sometimes the crazies bite,” Mr. Foval said. “Sometimes the crazies don’t bite.”
Both men and others in the videos are seen discussing — or at least nodding along when their undercover interviewers broach the idea — how people could illegally vote. Among the practices described are moving voters across state lines by using cars with the destination state’s plates, and using pay stubs to make illegal immigrants appear to be citizens for voter registration purposes….
But it was unclear from the Project Veritas videos whether any of the elaborate plans had been carried out.
“We do not believe, or have any evidence to suggest, that the activities articulated in the video actually occurred,” said Donna Brazile, the interim Democratic chairwoman. The Clinton campaign similarly denounced the tactics, while chiding Project Veritas, saying it has “been known to offering misleading video out of context.”
Mr. Creamer said in a statement on Wednesday that the “unprofessional and careless hypothetical conversations” caught on hidden camera were regrettable, and he denied that any of the “schemes described” had ever taken place.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>


“Governor Mike Pence at rally: ‘Voter fraud is real’”<http://electionlawblog.org/?p=87858>
Posted on October 20, 2016 8:31 pm<http://electionlawblog.org/?p=87858> by Rick Hasen<http://electionlawblog.org/?author=3>
News from Indiana.<http://cbs4indy.com/2016/10/20/governor-mike-pence-at-rally-voter-fraud-is-real/>
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


“The Supreme Court’s Election Day ‘Doomsday scenario”<http://electionlawblog.org/?p=87856>
Posted on October 20, 2016 8:28 pm<http://electionlawblog.org/?p=87856> by Rick Hasen<http://electionlawblog.org/?author=3>
Ariane de Vote reports <http://www.cnn.com/2016/10/20/politics/supreme-court-2016-election-decision/> for CNN.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Hyperpartisan Facebook Pages Are Publishing False And Misleading Information At An Alarming Rate”<http://electionlawblog.org/?p=87854>
Posted on October 20, 2016 8:18 pm<http://electionlawblog.org/?p=87854> by Rick Hasen<http://electionlawblog.org/?author=3>
BuzzFeed:<https://www.buzzfeed.com/craigsilverman/partisan-fb-pages-analysis?utm_term=.prr5VYv32v#.bgjYl6bZkb>
Hyperpartisan political Facebook pages and websites are consistently feeding their millions of followers false or misleading information, according to an analysis by BuzzFeed News. The review of more than 1,000 posts from six large hyperpartisan Facebook pages selected from the right and from the left also found that the least accurate pages generated some of the highest numbers of shares, reactions, and comments on Facebook — far more than the three large mainstream political news pages analyzed for comparison.
Our analysis of three hyperpartisan right-wing Facebook pages found that 38% of all posts were either a mixture of true and false or mostly false, compared to 19% of posts from three hyperpartisan left-wing pages that were either a mixture of true and false or mostly false. The right-wing pages are among the forces — perhaps as potent as the cable news shows that have gotten far more attention — that helped fuel the rise of Donald Trump.
These pages, with names such as Eagle Rising<https://www.facebook.com/theEagleisRising/> on the right and Occupy Democrats<https://www.facebook.com/OccupyDemocrats/>on the left, represent a new and powerful force in American politics and society. Many have quickly grown to be as large as — and often much larger than — mainstream political news pages. A recent feature in the New York Times Magazine<http://www.nytimes.com/2016/08/28/magazine/inside-facebooks-totally-insane-unintentionally-gigantic-hyperpartisan-political-media-machine.html> reported on the growth and influence of these pages, saying they “have begun to create and refine a new approach to political news: cherry-picking and reconstituting the most effective tactics and tropes from activism, advocacy and journalism into a potent new mixture.”
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, social media and social protests<http://electionlawblog.org/?cat=58>


“A lead Bush vs. Gore attorney disputes Trump’s claims of a ‘rigged election'”<http://electionlawblog.org/?p=87852>
Posted on October 20, 2016 8:11 pm<http://electionlawblog.org/?p=87852> by Rick Hasen<http://electionlawblog.org/?author=3>
The LA Times talks<http://www.latimes.com/nation/politics/trailguide/la-na-trailguide-live-updates-a-lead-counsel-from-bush-v-gore-1477015909-htmlstory.html> to David Boies.
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Posted in Bush v. Gore reflections<http://electionlawblog.org/?cat=5>


Question of the Day<http://electionlawblog.org/?p=87850>
Posted on October 20, 2016 5:53 pm<http://electionlawblog.org/?p=87850> by Rick Hasen<http://electionlawblog.org/?author=3>
When will all the Republican leaders condemning Trump’s irresponsible allegations of widespread voter fraud also condemn the similar comments of Kansas Secretary of State Kris Kobach and Texas governor Greg Abbott?
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>


Ben Ginsberg on Trump’s Latest Comments<http://electionlawblog.org/?p=87848>
Posted on October 20, 2016 5:22 pm<http://electionlawblog.org/?p=87848> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/politics/gop-braces-for-trump-loss-roiled-by-refusal-to-accept-election-results/2016/10/20/6e1de6aa-96dc-11e6-9b7c-57290af48a49_story.html?postshare=6181477004078991&tid=ss_tw>
Benjamin L. Ginsberg, a lawyer at Jones Day who has been national counsel for several Republican presidential campaigns, said Trump’s comments put the party in “quite a difficult position.”
“There will be Republican candidates who are winning by narrow margins and losing by narrow margins,” Ginsberg said. “The party as a whole has a collective interest in having the results upheld.”
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Kobach calls Trump’s stance on election results ‘reasonable’”<http://electionlawblog.org/?p=87846>
Posted on October 20, 2016 5:16 pm<http://electionlawblog.org/?p=87846> by Rick Hasen<http://electionlawblog.org/?author=3>
AP reports.<http://www.therepublic.com/2016/10/20/ks-kansas-election-kobach/>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Whether Trump would concede an election loss doesn’t matter legally”<http://electionlawblog.org/?p=87844>
Posted on October 20, 2016 4:52 pm<http://electionlawblog.org/?p=87844> by Rick Hasen<http://electionlawblog.org/?author=3>
McClatchy<http://www.mcclatchydc.com/news/politics-government/election/article109508607.html> reports.

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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“6 Facts About Bush v. Gore Worth Remembering Before The Trump Campaign Revises History To Death”<http://electionlawblog.org/?p=87842>
Posted on October 20, 2016 4:35 pm<http://electionlawblog.org/?p=87842> by Rick Hasen<http://electionlawblog.org/?author=3>
Elie Mystal <http://abovethelaw.com/2016/10/6-facts-about-bush-v-gore-worth-remembering-before-the-trump-campaign-revises-history-to-death/> for ATL.
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Posted in Bush v. Gore reflections<http://electionlawblog.org/?cat=5>


“Fears Of Soros-Owned Voting Machines Rigging The Election Are Unfounded”<http://electionlawblog.org/?p=87840>
Posted on October 20, 2016 4:31 pm<http://electionlawblog.org/?p=87840> by Rick Hasen<http://electionlawblog.org/?author=3>
Sheera Frenkel<https://www.buzzfeed.com/sheerafrenkel/soros-election-machines?utm_term=.yqQmQdZ64Z#.dyyQmnXpDX> for BuzzFeed.
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Posted in voting technology<http://electionlawblog.org/?cat=40>


“Trump’s ‘Rigged’ Ruse; Voters should feel confident in American democracy when casting their ballots.”<http://electionlawblog.org/?p=87838>
Posted on October 20, 2016 4:19 pm<http://electionlawblog.org/?p=87838> by Rick Hasen<http://electionlawblog.org/?author=3>
Karen Hobert Flynn oped.<http://www.usnews.com/opinion/op-ed/articles/2016-10-20/dont-believe-donald-trumps-rigged-election-claims>

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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>


Trump Camp Will Fake Exit Polls, Possibly to Intimidate Voters and Lay Groundwork for Post-Election Shenanigans<http://electionlawblog.org/?p=87836>
Posted on October 20, 2016 4:04 pm<http://electionlawblog.org/?p=87836> by Rick Hasen<http://electionlawblog.org/?author=3>
Quite a story <https://www.theguardian.com/us-news/2016/oct/20/citizens-for-donald-trump-exit-poll-roger-stone-rigged-election-claim> from the Guardian:
Donald Trump<https://www.theguardian.com/us-news/donaldtrump> loyalists will attempt to conduct their own crowd-funded exit polling on election day, ostensibly due to fears that electronic voting machines in certain areas may have been “rigged”, the Guardian has learned.
But the effort, led by Trump’s notorious informal adviser Roger Stone, will focus on 600 different precincts in nine Democrat=leaning cities with large minority populations, a tactic branded highly irregular by experts, who suggested that organizers could potentially use the polling as a way to intimidate voters….
The Citizens for Trump coalition, which will supply volunteers for the polling, was also present at the Republican convention and organized a large rally in Cleveland alongside a host of fringe organizations, including armed vigilantes group Bikers for Trump<https://www.theguardian.com/us-news/2016/jul/19/bikers-for-trump-republican-convention-open-carry> and the conspiracy theorist website Infowars.
“It sounds like he’s organizing a goon squad that could potentially be intimidating voters in minority areas,” said Hasen. “It does raise the threat of violence on election day at polling places. People are going to have to be vigilant.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87836&title=Trump%20Camp%20Will%20Fake%20Exit%20Polls%2C%20Possibly%20to%20Intimidate%20Voters%20and%20Lay%20Groundwork%20for%20Post-Election%20Shenanigans>
Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


On Meet the Press Daily with Chuck Todd Talking Trump, Vote Rigging, and Voter Intimidation<http://electionlawblog.org/?p=87834>
Posted on October 20, 2016 3:17 pm<http://electionlawblog.org/?p=87834> by Rick Hasen<http://electionlawblog.org/?author=3>
Watch here<http://www.msnbc.com/mtp-daily/watch/trump-s-voter-fraud-claims-discredited-790310979930> at MSNBC.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87834&title=On%20Meet%20the%20Press%20Daily%20with%20Chuck%20Todd%20Talking%20Trump%2C%20Vote%20Rigging%2C%20and%20Voter%20Intimidation>
Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


“State Dept. accuses Russia of ‘PR stunt’ in election-monitoring flap”<http://electionlawblog.org/?p=87832>
Posted on October 20, 2016 12:54 pm<http://electionlawblog.org/?p=87832> by Rick Hasen<http://electionlawblog.org/?author=3>
Politico:<http://www.politico.com/story/2016/10/russia-monitoring-election-pr-stunt-state-230091>
The State Department on Thursday accused Moscow of a “PR stunt” after reports emerged that the U.S. had rejected Russia’s request to send delegates to “monitor” November’s polls — the latest twist in a bizarre election season sullied by accusations of Russian meddling.
Kremlin-backed news outlets such as RT, sometimes citing other media, reported Thursday that representatives of Russia’s Central Elections Commission had talked to the State Department about sending a delegation to watch the U.S. polls on Nov. 8.
Although allowing in foreign observers to watch Americans vote is nothing new, “U.S. officials categorically rejected even the possibility of such a mission” by Russia, RT reported.

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87832&title=%E2%80%9CState%20Dept.%20accuses%20Russia%20of%20%E2%80%98PR%20stunt%E2%80%99%20in%20election-monitoring%20flap%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>


ALI Makes Election Dispute-Related Draft Available to Public and State Legislatures to Consider Before Election Day<http://electionlawblog.org/?p=87830>
Posted on October 20, 2016 12:50 pm<http://electionlawblog.org/?p=87830> by Rick Hasen<http://electionlawblog.org/?author=3>
Via email:

The updated draft of Principles of the Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes, Part III – Procedures for the Resolution of a Disputed Presidential Election is now available for download on the ALI website<http://ali.informz.net/z/cjUucD9taT02MDAwNzc5JnA9MSZ1PTEwNjEwMjEzODkmbGk9Mzg2MjM4NzI/index.html>.
Given the upcoming election, ALI is making this text available to enable states to consider the promulgation of procedures for this purpose and to provide guidance to state and federal judges, as well as state and local officials responsible for election administration, on how to handle scheduling difficulties and other matters in the event that a disputed presidential election occurs in November.
Part III is designed to address the unique timetable of a disputed presidential election and the extraordinary challenge of completing the resolution within the five-week window provided by Congress. In addition to a detailed scheme to coordinate all the essential pieces needed for this situation—including a recount, the canvassing of returns, and a potential judicial contest of the result – this draft also contains a set of three schematic calendars representing the relationships among the various portions of the procedures for resolving a disputed presidential election.
Disclosure: I am an advisor on this project.

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


Pew: Our Report is Not Evidence of Voter Fraud<http://electionlawblog.org/?p=87828>
Posted on October 20, 2016 12:47 pm<http://electionlawblog.org/?p=87828> by Rick Hasen<http://electionlawblog.org/?author=3>
Donald Trump has been citing a Pew statistic on up to 1.8 million deceased voters remaining on voter rolls as proof that dead people are voting.
Pew has posted this:<http://www.pewtrusts.org/en/research-and-analysis/analysis/2016/10/18/upgrading-voter-registration>
In February 2012, The Pew Charitable Trusts released a groundbreaking examination of the nation’s voter rolls, underscoring accuracy, cost, and efficiency challenges facing voter registration systems. The study, “Inaccurate, Costly, and Inefficient: Evidence That America’s Voter Registration System Needs an Upgrade<http://www.pewtrusts.org/en/research-and-analysis/reports/2012/02/14/inaccurate-costly-and-inefficient-evidence-that-americas-voter-registration-system-needs-an-upgrade>,” focused on inefficient and inaccurate voter registration processes, which are not evidence of fraud at polling places. The analysis presented national-level estimates on the number of voter registration records that were inaccurate or no longer valid, including the number of voters registered in more than one state, and the number of deceased individuals on the rolls.
With guidance from election officials, academics, and technology experts, Pew developed a comprehensive plan to upgrade voter registration systems<http://www.pewtrusts.org/en/projects/election-initiatives/about/upgrading-voter-registration>, consisting of three recommendations for state election authorities to consider:

  *   Compare registration lists with other data sources, such as motor vehicle and national change-of-address records, to broaden the base of information used to update and verify voter rolls.
  *   Implement proven techniques and security protocols that use those data sources to better track and identify inaccurate records that could be removed, as well as eligible citizens who could be registered.
  *   Minimize manual data entry by providing voters with opportunities to submit their information online, which in turn would reduce costs and errors.
Since the study was released, election officials from both parties and from states across the country have been working to upgrade their voter registration systems, using advanced technology to achieve greater accuracy, increase savings, and improve processes. In 2012, for example, only two states offered online voter registration<http://www.pewtrusts.org/en/projects/election-initiatives/about/upgrading-voter-registration/online-voter-registration>—a tool that has been proved to enhance the convenience, accuracy, and security of the registration process while saving money by reducing or eliminating the need for paper, printing, postage, and staff time. Today, 40 states provide or have passed legislation authorizing online registration.
One system that has been very successful is the Electronic Registration Information Center<http://www.ericstates.org/> (ERIC), a sophisticated interstate data exchange, administered by the states, that harnesses cutting-edge technology to clean voter lists and streamline the process by which new voters register. This system alerts election officials to voters whose information might be out of date or who may be eligible but not registered.
According to a recent investigation by the U.S. Government Accountability Office<http://www.pewtrusts.org/en/research-and-analysis/analysis/2016/07/21/gao-online-voter-registration-eric-participation-reduce-state-elections-costs>, these efforts have resulted in a steep reduction in returned mail ballots, provisional ballots, and costs.
And as evidence of the effectiveness of this effort grows, states continue to join ERIC. Five—Alaska, New Mexico, Ohio, West Virginia, and Wisconsin—signed on this year<http://www.pewtrusts.org/en/research-and-analysis/analysis/2016/07/28/5-more-states-join-eric-to-better-manage-voter-rolls>, bringing the total to 20 states plus the District of Columbia, serving approximately 76 million eligible voters. These members have identified and contacted over 4.5 million individuals who have moved but not updated their registrations. Further, ERIC members have identified more than 25 million eligible but unregistered Americans, educating them on the most efficient and secure way to register to voter.
State leaders from across the country and from both parties are working to implement new technology and improve all facets of election administration. There has been steady improvement in recent years, as documented by Pew’s Elections Performance Index<http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2016/08/assessing-the-2014-election>. Continuing to focus on improving voter registration will help states keep their records up to date and ease the path for eligible voters to get on the rolls. By implementing proven solutions and capitalizing on technology already in place in other areas of government and the private sector, we can continue to bring voter registration into the 21st century.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“What would happen if Donald Trump refused to concede the election?”<http://electionlawblog.org/?p=87826>
Posted on October 20, 2016 12:22 pm<http://electionlawblog.org/?p=87826> by Rick Hasen<http://electionlawblog.org/?author=3>
The Guardian reports<https://www.theguardian.com/us-news/2016/oct/20/donald-trump-refuse-concede-election-electoral-college>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87826&title=%E2%80%9CWhat%20would%20happen%20if%20Donald%20Trump%20refused%20to%20concede%20the%20election%3F%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>


New Trump Comments on Conceding If He Loses Seem to Say Two Contradictory Things<http://electionlawblog.org/?p=87823>
Posted on October 20, 2016 11:30 am<http://electionlawblog.org/?p=87823> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo on Trump’s latest comments<https://www.washingtonpost.com/news/post-politics/wp/2016/10/20/donald-trump-says-he-will-accept-the-results-of-the-election-if-i-win/>, and it seems like he seems like he’s saying two contradictory things:
Donald Trump said Thursday that he would accept the results of the presidential election “if I win,” but he doubled down on his threat to legally challenge the results if he loses.
“America is a constitutional republic with a system of laws. These laws are triggered in the case of fraud or in the event of a recount where it is needed. Of course, I would accept a clear election result, but I would also reserve my right to contest or file a legal challenge in the case of a questionable result. Right?” Trump said at a Thursday afternoon rally at the Delaware County fairgrounds in this town just north of Columbus.
Trump opened his rally by making a “major announcement” and, at first, it sounded as though he might soften the stance he took during the final presidential debate on Wednesday night in Las Vegas, when he refused to say that he would accept the results of the election — a stance that even his staff members have declined to back.
“Ladies and gentlemen, I want to make a major announcement today: I would like to promise and pledge to all of my voters and supporters, and to all of the people of the United States, that I will totally accept the results of this great and historic presidential election — if I win,” Trump said, as the crowd cheered.
Trump said that he will follow all laws and traditions but that he would not give up his right to legally challenge the results if he believes that voter fraud swayed the results. He suggested that it was unfair for the debate moderator to ask him to commit to accepting the results of the election.
“That was sort of an unprecedented question,” Trump said. “If Al Gore or George Bush had agreed three weeks before the election to concede the results and waive their right to a legal challenge or a recount, then there would be no Supreme Court case and no Gore v. Bush,” Trump said. He added, “In effect, I’m being asked to waive centuries of legal precedent designed to protect the voters.
I wonder if the “if I win” was the unscripted Trump and the rest was written by the campaign.

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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>


“Trump’s Bogus Voter Fraud Claims”<http://electionlawblog.org/?p=87821>
Posted on October 20, 2016 11:09 am<http://electionlawblog.org/?p=87821> by Rick Hasen<http://electionlawblog.org/?author=3>
FactCheck.org.<http://www.factcheck.org/2016/10/trumps-bogus-voter-fraud-claims/>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87821&title=%E2%80%9CTrump%E2%80%99s%20Bogus%20Voter%20Fraud%20Claims%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Fresh Off Employing Evan Bayh, U.S. Chamber of Commerce Attacks Him”<http://electionlawblog.org/?p=87819>
Posted on October 20, 2016 11:06 am<http://electionlawblog.org/?p=87819> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT.<http://www.nytimes.com/2016/10/20/us/politics/evan-bayh-indiana-senate-chamber-of-commerce.html>

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87819&title=%E2%80%9CFresh%20Off%20Employing%20Evan%20Bayh%2C%20U.S.%20Chamber%20of%20Commerce%20Attacks%20Him%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, lobbying<http://electionlawblog.org/?cat=28>


“Voter Suppression Is a Much Bigger Problem Than Voter Fraud”<http://electionlawblog.org/?p=87817>
Posted on October 20, 2016 11:05 am<http://electionlawblog.org/?p=87817> by Rick Hasen<http://electionlawblog.org/?author=3>
Ari Berman:<https://www.thenation.com/article/voter-suppression-is-a-much-bigger-problem-than-voter-fraud/>
On MSNBC this morning, Trump campaign manager Kellyanne Conway<https://twitter.com/SopanDeb/status/789106720576446464>said Trump would accept the election results “absent widespread voter fraud, irregularities and malfeasance.” Let’s be very clear: it’s incredibly unlikely there will be widespread voter fraud on Election Day. But there will be eligible voters who show up to vote and are turned away from the polls. That’s the real threat to election integrity we should be focusing on
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Commentary: Trump’s voter fraud ‘solution’ is rooted in the Jim Crow South”<http://electionlawblog.org/?p=87815>
Posted on October 20, 2016 11:04 am<http://electionlawblog.org/?p=87815> by Rick Hasen<http://electionlawblog.org/?author=3>
Kathryn Cramer Brownwell <http://www.reuters.com/article/us-election-debate-voting-commentary-idUSKCN12K0AQ> for Reuters Opinion.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87815&title=%E2%80%9CCommentary%3A%20Trump%E2%80%99s%20voter%20fraud%20%E2%80%98solution%E2%80%99%20is%20rooted%20in%20the%20Jim%20Crow%20South%E2%80%9D>
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>


Guy Who Shot New Black Panthers Video Says Trump Going too Far on Rigging Talk<http://electionlawblog.org/?p=87813>
Posted on October 20, 2016 9:51 am<http://electionlawblog.org/?p=87813> by Rick Hasen<http://electionlawblog.org/?author=3>
Ryan Reilly:<http://www.huffingtonpost.com/entry/new-black-panthers-donald-trump_us_5806805be4b0dd54ce35edc8>
Morse now has some regrets about the role that his video has played in building up Republican myths about widespread election misconduct in communities of color.
“The video doesn’t lie. That video was honest at the time, but I would also argue that was more of an anomaly than an everyday occurrence,” Morse said in an interview this week.
“I defend democracy, I defend the freedom of the media, but I don’t defend Donald Trump twisting something to stoke fears into Republicans,” he said. “I sincerely hope that no one is hurt and I hope there’s no violence on Election Day because of that.”
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“What the New James O’Keefe Videos Show and What They Don’t”<http://electionlawblog.org/?p=87811>
Posted on October 20, 2016 9:38 am<http://electionlawblog.org/?p=87811> by Rick Hasen<http://electionlawblog.org/?author=3>
Ed Kilgore<http://nymag.com/daily/intelligencer/2016/10/what-the-new-james-okeefe-videos-show-and-what-they-dont.html> for NY Mag:
Not being an election lawyer or someone trained to spot misleadingly spliced video material (something O’Keefe has been accused of<http://www.salon.com/2015/03/27/james_okeefes_deceptive_ivy_league_hit_job_how_the_right_wing_journalist_stooped_to_a_new_low/> in the past), I am in no position to make a comprehensive assessment of the whole project. But it is reasonably clear from viewing O’Keefe’s first two videos that one of them is basically about an ethically dubious Democratic tactic that is not actually illegal, while the other is about a hypothetical illegal activity (cooked up, it seems, by O’Keefe) that does not appear to have occurred.
O’Keefe’s first video focuses on two independent contractors (Robert Creamer, formerly of Democracy Partners, and the exceptionally loquacious Scott Foval, formerly of Americans United for Change) working for Democratic groups who spend a lot of time boasting about their success in planting people at Trump rallies. The plants are designed, with their words or attire, to provoke violent responses from Trump supporters.
This is indeed news, and something the Democrats involved should be ashamed of. Perhaps they should even lose their jobs (as the two principal targets of the video actually have<http://nymag.com/daily/intelligencer/2016/10/james-okeefes-latest-costs-two-dem-operatives-their-jobs.html>). But deliberately making oneself the target of violence (1) is not illegal and (2) should not obscure the fact that the people committing the violence bear at least half the blame. There is no constitutional or statutory right to listen to your candidate rant and rave about criminal immigrants and Muslims and various “losers” and “rigged elections” without being exposed to the presence of someone who visibly disagrees — even if someone put them up to it.
The only illegal activity this video really alleges is that of forbidden coordination between the Clinton campaign and various “independent” pro-Clinton entities. But the main evidence of that is the use of the term “bird-dogging” for the violence-provoking actions at Trump rallies and the use of the same term in Clinton communications stolen and made public by WikiLeaks. As the Washington Post’s Dave Weigel points out<https://www.washingtonpost.com/news/post-politics/wp/2016/10/19/two-democratic-operatives-lose-jobs-after-james-okeefe-sting/>, “bird-dogging” can refer to all sorts of tracking and engagement operations other than those which court violence. So this guilt-by-association proves nothing.
The second video, by contrast, is all about illegal activity (though not necessarily the “massive voter fraud” O’Keefe, with his signature overdramatization, keeps talking about in the narration). But it revolves around a hypothetical scheme for getting illegal votes cast that O’Keefe seems to think of, which is then batted around by Foval, turned down by his alleged co-conspirator from the first video, and batted around some more by a third operative who is himself AN UNDOCUMENTED ALIEN! So whereas someone sympathetic to O’Keefe’s case might conclude it turns up shady talk worthy of investigation, a smoking gun it is not.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87811&title=%E2%80%9CWhat%20the%20New%20James%20O%E2%80%99Keefe%20Videos%20Show%20and%20What%20They%20Don%E2%80%99t%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>


“Federal judge orders immediate reopening of voter registration in Virginia”<http://electionlawblog.org/?p=87809>
Posted on October 20, 2016 9:21 am<http://electionlawblog.org/?p=87809> by Rick Hasen<http://electionlawblog.org/?author=3>
Richmond Times-Dispatch:<http://www.richmond.com/news/virginia/government-politics/article_0b60cd44-0305-51af-b794-9075d1058279.html>
federal judge has ordered the immediate re-opening of voter registration in Virginia as a remedy for website failures that blocked some would-be voters from registering.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


Racist Tweet from True the Vote This Morning<http://electionlawblog.org/?p=87806>
Posted on October 20, 2016 9:18 am<http://electionlawblog.org/?p=87806> by Rick Hasen<http://electionlawblog.org/?author=3>
[creen-shot-2016-10-20-at-9-18-18-am]<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2016-10-20-at-9.18.18-AM.png>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87806&title=Racist%20Tweet%20from%20True%20the%20Vote%20This%20Morning>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Even Fox News Acknowledges ‘Experts Say Voter Fraud Is Rare’”<http://electionlawblog.org/?p=87804>
Posted on October 20, 2016 9:15 am<http://electionlawblog.org/?p=87804> by Rick Hasen<http://electionlawblog.org/?author=3>
Oh, karma.<http://talkingpointsmemo.com/livewire/fox-news-admits-experts-say-voter-fraud-rare?utm_content=buffer1d5cc&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer>
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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>


“Breaking the Fourth Wall of Democracy; In an election when our political system has been on trial, Donald Trump is putting it to the ultimate test.”<http://electionlawblog.org/?p=87802>
Posted on October 20, 2016 9:11 am<http://electionlawblog.org/?p=87802> by Rick Hasen<http://electionlawblog.org/?author=3>
Ciara Torres-Spelliscy<http://billmoyers.com/story/trump-accepting-election-results-democracy/> for Moyers & Co.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87802&title=%E2%80%9CBreaking%20the%20Fourth%20Wall%20of%20Democracy%3B%20In%20an%20election%20when%20our%20political%20system%20has%20been%20on%20trial%2C%20Donald%20Trump%20is%20putting%20it%20to%20the%20ult>
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>
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