[EL] ELB News and Commentary 10/22/16

Sat Oct 22 12:26:50 PDT 2016

“The Election Isn’t ‘Rigged,’ but It’s Going to Be Messy as Hell”<http://electionlawblog.org/?p=87945>
Posted on October 22, 2016 12:21 pm<http://electionlawblog.org/?p=87945> by Rick Hasen<http://electionlawblog.org/?author=3>
VICE reports.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87945&title=%E2%80%9CThe%20Election%20Isn%E2%80%99t%20%E2%80%98Rigged%2C%E2%80%99%20but%20It%E2%80%99s%20Going%20to%20Be%20Messy%20as%20Hell%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Pennsylvania Republicans sue to allow poll watchers to cross county lines”<http://electionlawblog.org/?p=87943>
Posted on October 22, 2016 10:22 am<http://electionlawblog.org/?p=87943> by Rick Hasen<http://electionlawblog.org/?author=3>
Dave Weigel reports<https://www.washingtonpost.com/news/post-politics/wp/2016/10/22/pennsylvania-republicans-sue-to-allow-poll-watchers-to-cross-county-lines/> for WaPo.  My earlier analysis is here<http://electionlawblog.org/?p=87930>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87943&title=%E2%80%9CPennsylvania%20Republicans%20sue%20to%20allow%20poll%20watchers%20to%20cross%20county%20lines%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>

“The Price I’ve Paid for Opposing Donald Trump”<http://electionlawblog.org/?p=87941>
Posted on October 21, 2016 8:31 pm<http://electionlawblog.org/?p=87941> by Rick Hasen<http://electionlawblog.org/?author=3>
Horrifying and condemnable conduct. David French<http://www.nationalreview.com/article/441319/donald-trump-alt-right-internet-abuse-never-trump-movement?platform=hootsuite>:
Trump’s alt-right trolls have subjected me and my family to an unending torrent of abuse that I wouldn’t wish on anyone. I distinctly remember the first time I saw a picture of my then-seven-year-old daughter’s face in a gas chamber. It was the evening of September 17, 2015. I had just posted a short item to the Corner calling out notorious Trump ally Ann Coulter for aping the white-nationalist language and rhetoric of the so-called alt-right. Within minutes, the tweets came flooding in. My youngest daughter is African American, adopted from Ethiopia, and in alt-right circles that’s an unforgivable sin. It’s called “race-cucking” or “raising the enemy.” I saw images of my daughter’s face in gas chambers, with a smiling Trump in a Nazi uniform preparing to press a button and kill her. I saw her face photo-shopped into images of slaves. She was called a “niglet” and a “dindu.” The alt-right unleashed on my wife, Nancy, claiming that she had slept with black men while I was deployed to Iraq, and that I loved to watch while she had sex with “black bucks.” People sent her pornographic images of black men having sex with white women, with someone photoshopped to look like me, watching

It gets worse.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87941&title=%E2%80%9CThe%20Price%20I%E2%80%99ve%20Paid%20for%20Opposing%20Donald%20Trump%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>

Trump Talking Points Urge Surrogates to Push Voter Fraud Line<http://electionlawblog.org/?p=87937>
Posted on October 21, 2016 8:17 pm<http://electionlawblog.org/?p=87937> by Rick Hasen<http://electionlawblog.org/?author=3>
Jonathan Swan<http://thehill.com/blogs/ballot-box/presidential-races/302241-trump-campaign-encouraging-surrogates-to-sow-doubts-about#.WApsTprqcmg.twitter> for The Hill:
In campaign talking points sent out Wednesday and obtained by The Hill, the Trump team told Republican surrogates to cite examples of voter fraud in North Carolina, Colorado, Pennsylvania and Virginia.
Under a headline ‘Must make points on rigged system,’ the Trump campaign encourages surrogates to say, “We have also seen very significant recent voting irregularities across the country from Pennsylvania to Colorado and an increase in unlawful voting by illegal immigrants.”
Another Trump talking point reads: “Non-citizen votes may have been responsible forBarack Obama<http://thehill.com/people/barack-obama>’s narrow margin of victory in North Carolina in 2008.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87937&title=Trump%20Talking%20Points%20Urge%20Surrogates%20to%20Push%20Voter%20Fraud%20Line>
Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Souter warned of a Trump-like candidate in prescient remarks”<http://electionlawblog.org/?p=87932>
Posted on October 21, 2016 7:54 pm<http://electionlawblog.org/?p=87932> by Rick Hasen<http://electionlawblog.org/?author=3>
Maddow blog.<http://www.msnbc.com/rachel-maddow-show/souter-warned-trump-candidate-prescient-remarks>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87932&title=%E2%80%9CSouter%20warned%20of%20a%20Trump-like%20candidate%20in%20prescient%20remarks%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, Supreme Court<http://electionlawblog.org/?cat=29>

PA GOP Files Complaint to Send Poll Workers to Other PA Counties<http://electionlawblog.org/?p=87930>
Posted on October 21, 2016 6:00 pm<http://electionlawblog.org/?p=87930> by Rick Hasen<http://electionlawblog.org/?author=3>
You can read the complaint at this link<http://www.pagop.org/wp-content/uploads/2016/10/PH1-5081372-v1-RPP_v_Cortes.pdf>.
UPDATE: I have now had a chance to look at the legal arguments in this complaint. I cannot speak to the state constitutional issues, but as to the U.S. Constitutional issues, this seems exceptionally weak. The argument is that the failure to allow some voters within the state to serve as poll watchers violates equal protection, due process and First Amendment speech rights. I have never seen such an argument not extended to the act of voting, but to the act of watching at the polls. I cannot see how this severely burdens voters’ rights, and nothing in the complaint demonstrates that it does. I don’t think the federal arguments have much of a chance of going anywhere.
(It also seems awfully late in the process to be filing this).
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87930&title=PA%20GOP%20Files%20Complaint%20to%20Send%20Poll%20Workers%20to%20Other%20PA%20Counties>
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/>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20161022/9ffbf211/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20161022/9ffbf211/attachment.png>