[EL] ELB News and Commentary 10/24/16

Mon Oct 24 07:55:35 PDT 2016

“Why the Justice Dept. Will Have Far Fewer Watchdogs in Polling Places”<http://electionlawblog.org/?p=88007>
Posted on October 24, 2016 7:50 am<http://electionlawblog.org/?p=88007> by Rick Hasen<http://electionlawblog.org/?author=3>
Eric Lichtblau <http://www.nytimes.com/2016/10/25/us/politics/why-the-justice-dept-will-have-far-fewer-watchdogs-in-polling-places.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news&_r=0> for the NYT:

The federal observer program has really been a hallmark of the Justice Department’s voting rights work,” Kristen Clarke, the director of the Lawyers’ Committee for Civil Rights Under Law, said. That effort “has really come to a grinding halt,” she said, “and that’s a game changer this election cycle.”
The Voting Rights Act was passed by Congress and signed into law by President Lyndon B. Johnson at the height of the civil rights era. In the Shelby County decision, Chief Justice John G. Roberts Jr. wrote that “our country has changed” since those days of rampant voter discrimination.
The decision — which freed nine states, mostly in the South, to change their election laws without advance federal approval — unleashed a wave of new voting arrangements in scores of jurisdictions throughout the country. Civil rights advocates argue that those changes, including voter identification requirements that have since been overturned, have been intended to make it more difficult for blacks, Hispanics and other minorities to vote.
The Shelby ruling did not specifically address the Justice Department’s authority to send observers inside polling places. But Ms. Gupta said department lawyers had interpreted the decision to mean that officials could send observers only into jurisdictions where there was already a relevant court order regarding voting practices.
That broad interpretation has puzzled some legal scholars on both the left and the right.
“I was a little surprised by the Justice Department’s decision, to be honest,” Derek T. Muller, a conservative scholar on election law at Pepperdine University School of Law, said.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88007&title=%E2%80%9CWhy%20the%20Justice%20Dept.%20Will%20Have%20Far%20Fewer%20Watchdogs%20in%20Polling%20Places%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>

“The truth behind voter fraud in Indiana”<http://electionlawblog.org/?p=88005>
Posted on October 24, 2016 7:34 am<http://electionlawblog.org/?p=88005> by Rick Hasen<http://electionlawblog.org/?author=3>
IndyStar reports.<http://www.indystar.com/story/news/politics/2016/10/24/indiana-voter-fraud-real-but-rarely-matters/92508486/>

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88005&title=%E2%80%9CThe%20truth%20behind%20voter%20fraud%20in%20Indiana%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Why Donald Trump’s ‘Ballot Watchers’ Might Be Illegal”<http://electionlawblog.org/?p=88003>
Posted on October 24, 2016 7:31 am<http://electionlawblog.org/?p=88003> by Rick Hasen<http://electionlawblog.org/?author=3>
TIME reports.<http://time.com/4540955/donald-trump-ballot-watching/>
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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>

The Simpsons Sends a Message About Voting Machines<http://electionlawblog.org/?p=88001>
Posted on October 24, 2016 7:23 am<http://electionlawblog.org/?p=88001> by Rick Hasen<http://electionlawblog.org/?author=3>
Watch.<https://twitter.com/rickhasen/status/790557982874402816>
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Posted in election law "humor"<http://electionlawblog.org/?cat=52>

“DDOS Attacks And Election Day: What To Do? [HINT: Don’t Wait.]”<http://electionlawblog.org/?p=87999>
Posted on October 24, 2016 7:21 am<http://electionlawblog.org/?p=87999> by Rick Hasen<http://electionlawblog.org/?author=3>
Doug Chapin blogs.<http://editions.lib.umn.edu/electionacademy/2016/10/24/ddos-attacks-and-election-day-what-to-do-hint-dont-wait/>
See my earlier post, <http://electionlawblog.org/?p=87926> If Today’s Internet Outage/Hacking Was a Dry Run for Election Day, Things Could Get Very Bad
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>

“Redistricting and Representation in the 2016 Elections and Beyond”<http://electionlawblog.org/?p=87997>
Posted on October 24, 2016 7:16 am<http://electionlawblog.org/?p=87997> by Rick Hasen<http://electionlawblog.org/?author=3>
Liz Kennedy and Danelle Root for CAP.<https://www.americanprogress.org/issues/democracy/news/2016/10/19/146484/redistricting-and-representation-in-the-2016-elections-and-beyond/>
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Posted in redistricting<http://electionlawblog.org/?cat=6>

“Poll: 60% of Republicans believe illegal immigrants vote; 43% believe people vote using dead people’s names”<http://electionlawblog.org/?p=87994>
Posted on October 24, 2016 7:13 am<http://electionlawblog.org/?p=87994> by Rick Hasen<http://electionlawblog.org/?author=3>
Sigh.<https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/24/poll-60-of-republicans-believe-illegal-immigrants-vote-43-believe-people-vote-using-dead-peoples-names/>
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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>

“Indiana Officials Target A Black Voter Registration Drive On A Technicality”<http://electionlawblog.org/?p=87992>
Posted on October 24, 2016 7:11 am<http://electionlawblog.org/?p=87992> by Rick Hasen<http://electionlawblog.org/?author=3>
Must-read HuffPo<http://www.huffingtonpost.com/entry/indiana-voter-fraud-investigation_us_580a6cafe4b000d0b156a21a?section=>:
Varoga said the Oct. 4 police action prevented the group from registering 5,000 to 10,000 additional voters ahead of Indiana’s Oct. 11 voter registration deadline. He’s worried that clerks won’t count some of the 45,000 applications the group had already collected.
So why did state officials take such a dramatic step in interrupting the IVRP’s work just days ahead of the voter registration deadline?
From what we’ve gathered, it’s not because there’s any mass “voter fraud” scheme to steal an election. Instead, it seems the extraordinary investigation is likely to find no more than potential technical violations of obscure regulations for third-party voter registration groups.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87992&title=%E2%80%9CIndiana%20Officials%20Target%20A%20Black%20Voter%20Registration%20Drive%20On%20A%20Technicality%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“It’s Time To Automate Voter Registration”<http://electionlawblog.org/?p=87990>
Posted on October 24, 2016 7:08 am<http://electionlawblog.org/?p=87990> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo editorial.
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Posted in election administration<http://electionlawblog.org/?cat=18>

“The good news on voting and democracy: Column”<http://electionlawblog.org/?p=87987>
Posted on October 24, 2016 7:04 am<http://electionlawblog.org/?p=87987> by Rick Hasen<http://electionlawblog.org/?author=3>
Josh Douglas<http://www.usatoday.com/story/opinion/2016/10/23/elections-voting-law-counties-states-column/92372896/> USA Today oped:
All politics is local, as the saying goes, and the same is true of election law. Although the U.S. Constitution protects the right to vote, local laws can expand its scope and influence democratic representation. Voters across the country are making choices this fall that will not only affect state and local elections, they will also serve as the catalysts for nationwide reforms.
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Posted in election administration<http://electionlawblog.org/?cat=18>

FL: “Despite Trump’s plea, little sign of interest in poll watching”<http://electionlawblog.org/?p=87985>
Posted on October 24, 2016 7:02 am<http://electionlawblog.org/?p=87985> by Rick Hasen<http://electionlawblog.org/?author=3>
Tallahassee Democrat<http://www.tallahassee.com/story/news/2016/10/20/little-sign-interest-poll-watching/92462646/>:
Few local voters have answered Republican Presidential candidate Donald Trump’s call to sign up as poll watchers to prevent a rigged election.  On the campaign trail this week, he warned of the media and partisans conspiring to steal the election.
“The election is absolutely being rigged by the dishonest and distorted media pushing Crooked Hillary – but also at many polling places –SAD.” Trump tweeted Sunday.
Trump’s vision of nefarious forces working to thwart the will of the people has failed to mobilize Leon County supporters to guard against Election Day fraud.
“No effect, nothing. None at all,” said Leon County Supervisor of Elections Ion Sancho.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87985&title=FL%3A%20%E2%80%9CDespite%20Trump%E2%80%99s%20plea%2C%20little%20sign%20of%20interest%20in%20poll%20watching%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

TX: “Officials prepare for uncertainty, confusion as early voting begins Monday”<http://electionlawblog.org/?p=87983>
Posted on October 23, 2016 7:22 pm<http://electionlawblog.org/?p=87983> by Rick Hasen<http://electionlawblog.org/?author=3>
Houston Chronicle:<http://www.houstonchronicle.com/news/houston-texas/houston/article/Officials-prepare-for-uncertainty-confusion-as-10154890.php>
Harris County politicos are bracing for uncertainty with Monday’s start to early balloting, as many voters remain confused about Texas’ voter identification requirements and Donald Trump continues to warn – without proof – of a “rigged election.”
Meanwhile, recent statewide polls foretell a closer presidential race than Texas has seen in two decades, with Hillary Clinton trailing Trump by low single digits.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87983&title=TX%3A%20%E2%80%9COfficials%20prepare%20for%20uncertainty%2C%20confusion%20as%20early%20voting%20begins%20Monday%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

Justice Ginsburg’s Hint on SCOTUS Appointments to Come<http://electionlawblog.org/?p=87981>
Posted on October 23, 2016 7:03 pm<http://electionlawblog.org/?p=87981> by Rick Hasen<http://electionlawblog.org/?author=3>
Joan Biskupic<http://www.cnn.com/2016/10/23/politics/hillary-clinton-merrick-garland-supreme-court/index.html> for CNN:
In a wide-ranging interview in July, Ginsburg lamented the stalled Garland nomination. I asked if she would ever try to help his prospects by passing word to Clinton of her own possible retirement in the near future, which would ensure subsequent opportunities to appoint younger, perhaps more liberal or groundbreaking justices.
Ginsburg said she did not believe any overt signal was necessary, declining to be explicit about her own plans yet observing that two justices are not far behind her in age, Anthony Kennedy, 80, and Stephen Breyer, 78.
“I think she has figured it out,” Ginsburg said of Clinton. “She’s bound to have a few appointments in her term.”
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

“Trump receives his first major newspaper endorsement, and he has Sheldon Adelson to thank”<http://electionlawblog.org/?p=87978>
Posted on October 23, 2016 5:11 pm<http://electionlawblog.org/?p=87978> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo reports.<https://www.washingtonpost.com/news/the-fix/wp/2016/10/23/trump-receives-his-first-major-newspaper-endorsement-and-he-has-sheldon-adelson-to-thank/>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

How mega-donors helped raise $1 billion for Hillary Clinton”<http://electionlawblog.org/?p=87975>
Posted on October 23, 2016 5:09 pm<http://electionlawblog.org/?p=87975> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/politics/how-mega-donors-helped-raise-1-billion-for-hillary-clinton/2016/10/22/a92a0ee2-9603-11e6-bb29-bf2701dbe0a3_story.html>
The effort paid off. Together with the party and pro-Clinton super PACs, the Democratic nominee had amassed $1.14 billion <https://www.washingtonpost.com/graphics/politics/2016-election/campaign-finance/> to support her campaign by the end of September — on par with what Obama and his allies brought in for his 2012 reelection bid. GOP presidential nominee Donald Trump, who did not begin fundraising in earnest until the end of May, had collected $712 million<https://www.washingtonpost.com/graphics/politics/2016-election/campaign-finance/>, including $56 million of his own money.
Unlike Obama, Clinton fully embraced super PACs from the very beginning of her race, helping pull in larger checks from donors than the president did. An analysis by The Washington Post found that more than a fifth of the $1 billion donated to help her bid was given by just 100 wealthy individuals and labor unions — many with a long history of contributing to the Clintons. The analysis included contributions to her campaigns, joint fundraising committees, national parties, convention host committees and single-candidate super PACs.
The top five donors together contributed one out of every $17 for her 2016 run: hedge fund manager S. Donald Sussman ($20.6 million); Chicago venture capitalist J.B. Pritzker and his wife, M.K. ($16.7 million); Univision chairman Haim Saban and his wife, Cheryl ($11.9 million); hedge fund titan George Soros ($9.9 million); and SlimFast founder S. Daniel Abraham ($9.7 million).
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“Election officials acknowledge voter fraud but say Trump concerns overblown”<http://electionlawblog.org/?p=87973>
Posted on October 23, 2016 5:05 pm<http://electionlawblog.org/?p=87973> by Rick Hasen<http://electionlawblog.org/?author=3>
The Washington Times reports.<http://www.washingtontimes.com/news/2016/oct/23/donald-trumps-voter-fraud-concerns-overblown-elect/>
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Donald Trump’s Threat to Reject Election Results Alarms Scholars”<http://electionlawblog.org/?p=87971>
Posted on October 23, 2016 5:02 pm<http://electionlawblog.org/?p=87971> by Rick Hasen<http://electionlawblog.org/?author=3>
Max Fisher<http://www.nytimes.com/2016/10/23/world/americas/donald-trump-rigged-election.html?ref=politics> for the NYT.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Outside Money Favors Hillary Clinton at a 2-to-1 Rate Over Donald Trump”<http://electionlawblog.org/?p=87969>
Posted on October 23, 2016 5:00 pm<http://electionlawblog.org/?p=87969> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/10/23/us/politics/clinton-trump-gop-money.html?smid=tw-nytpolitics&smtyp=cur&_r=0>
Six years after a Supreme Court decision opened vast new channels for money<http://www.nytimes.com/2010/01/22/us/politics/22scotus.html?_r=0> to flow into national elections, Democrats have built the largest and best-coordinated apparatus of outside groups operating in the 2016 presidential campaign, defying expectations that conservative and corporate wealth would dominate the race.
A dozen different organizations raised over $200 million through the beginning of October and since May have spent more than $110 million on television, digital, and radio ads in support of Hillary Clinton<http://www.nytimes.com/interactive/2016/us/elections/hillary-clinton-on-the-issues.html?inline=nyt-per>, according to records filed with the Federal Election Commission through Thursday.
The handful of organizations backing Donald J. Trump<http://www.nytimes.com/interactive/2016/10/23/us/politics/donald-trump-protest-san-jose.html> have raised less than half that amount, a steep dive from four years ago, when wealthy Republicans poured hundreds of millions of dollars into groups backing the Republican nominee Mitt Romney.
The Democrats’ success this year reflects, in part, Mrs. Clinton’s close personal ties to her party’s elite donors and her allies’ willingness to exploit the 2010 ruling in the Citizens United case far more aggressively than President Obama did.
But the Democrats are also deeply indebted to one man: Mr. Trump, whose provocations and tirades — along with a loud crusade against his own party’s donors — have virtually shut off what once promised to be a half-billion-dollar spigot of outside money.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

Priebus with Weird Double Negative on Trump and Conceding<http://electionlawblog.org/?p=87967>
Posted on October 23, 2016 4:57 pm<http://electionlawblog.org/?p=87967> by Rick Hasen<http://electionlawblog.org/?author=3>
Politico<http://www.politico.com/story/2016/10/priebus-trump-rigged-election-230205#ixzz4NxK31ilJ>:”He is not willing to not concede if he loses and there’s no fraud.”

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87967&title=Priebus%20with%20Weird%20Double%20Negative%20on%20Trump%20and%20Conceding>
Posted in chicanery<http://electionlawblog.org/?cat=12>

“Ballot selfies: A look at where they are allowed or not”<http://electionlawblog.org/?p=87965>
Posted on October 23, 2016 4:42 pm<http://electionlawblog.org/?p=87965> by Rick Hasen<http://electionlawblog.org/?author=3>
AP 50-state survey.<https://www.washingtonpost.com/national/ballot-selfies-a-look-at-where-they-are-allowed-or-not/2016/10/23/c7538a66-9913-11e6-b552-b1f85e484086_story.html>
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Posted in campaigns<http://electionlawblog.org/?cat=59>

“Can Business Help Fix Our Broken Politics?”<http://electionlawblog.org/?p=87963>
Posted on October 23, 2016 4:31 pm<http://electionlawblog.org/?p=87963> by Rick Hasen<http://electionlawblog.org/?author=3>
Ben Heineman<https://corpgov.law.harvard.edu/2016/10/23/can-business-help-fix-our-broken-politics/> blogs.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87963&title=%E2%80%9CCan%20Business%20Help%20Fix%20Our%20Broken%20Politics%3F%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“The Impact of Voter Fraud Claims on Voter Registration Reform Legislation”<http://electionlawblog.org/?p=87961>
Posted on October 23, 2016 4:24 pm<http://electionlawblog.org/?p=87961> by Rick Hasen<http://electionlawblog.org/?author=3>
Margaret Goarke<http://www.psqonline.org/article.cfm?IDArticle=19547> has written this article for Political Science Quarterly. Here is the abstract:
MARGARET GROARKE examines the impact that claims of voter fraud has had on three cases of voter registration reforms in the United States. She argues that the opposition that these legislative efforts faced is best understood as a partisan strategy to redistribute the electorate.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Former Arizona Gov. Jan Brewer: Hispanic Dems ‘Don’t Get Out And Vote’”<http://electionlawblog.org/?p=87958>
Posted on October 22, 2016 6:54 pm<http://electionlawblog.org/?p=87958> by Rick Hasen<http://electionlawblog.org/?author=3>
Self-defeating prophecy? <http://talkingpointsmemo.com/livewire/jan-brewer-says-hispanic-democrats-dont-vote>
Gabriel Debenedetti:<https://twitter.com/gdebenedetti/status/789952965322870787> The @AZDemParty<https://twitter.com/AZDemParty> now raising $ for Latino GOTV off Jan Brewer’s claim to at mviser<https://twitter.com/mviser> that Hispanics “don’t get out & vote” (“challenge accepted”)
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87958&title=%E2%80%9CFormer%20Arizona%20Gov.%20Jan%20Brewer%3A%20Hispanic%20Dems%20%E2%80%98Don%E2%80%99t%20Get%20Out%20And%20Vote%E2%80%99%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>

“Little-known change to Wisconsin voting law could affect voters who plan to mail in absentee ballots this November”<http://electionlawblog.org/?p=87956>
Posted on October 22, 2016 6:51 pm<http://electionlawblog.org/?p=87956> by Rick Hasen<http://electionlawblog.org/?author=3>
Wisconsin State Journal:<http://host.madison.com/wsj/news/local/govt-and-politics/little-known-change-to-wisconsin-voting-law-could-affect-voters/article_857705ac-9f8c-5d3c-adbb-c6085dde64fb.html#utm_source=host.madison.com&utm_campaign=%2Femail%2Fwsj-news%2F%3Fref%3Demail&utm_medium=email>
Voters who mail in their absentee ballots have an earlier deadline to do so this year under a new state law that took effect last month.
Under the law the absentee ballots must be received by 8 p.m. on Election Day, Nov. 8, in order to count. Previously, mail-in absentee ballots had to be postmarked by Election Day and received by a clerk’s office by 4 p.m. on the next Friday.
The new law is one of a handful of changes to voting rules that could trip up some of the half-million to a million people in the state who only turn out to vote once every four years for presidential elections.
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Posted in election administration<http://electionlawblog.org/?cat=18>

Quote of the Day: Fraudulent Fraud Squad Edition<http://electionlawblog.org/?p=87953>
Posted on October 22, 2016 6:45 pm<http://electionlawblog.org/?p=87953> by Rick Hasen<http://electionlawblog.org/?author=3>
<https://twitter.com/RealJamesWoods>
 Follow<https://twitter.com/RealJamesWoods>
[https://pbs.twimg.com/profile_images/756924973516623872/ZoD4M2pW_normal.jpg]James Woods <https://twitter.com/RealJamesWoods>
✔@RealJamesWoods<https://twitter.com/RealJamesWoods>
#WearRed<https://twitter.com/hashtag/WearRed?src=hash> #StopFraud<https://twitter.com/hashtag/StopFraud?src=hash> If you wear red when you vote#Republican<https://twitter.com/hashtag/Republican?src=hash>, Republican poll observers can count votes and determine #Democrat<https://twitter.com/hashtag/Democrat?src=hash> #VoterFraud<https://twitter.com/hashtag/VoterFraud?src=hash>
4:41 PM - 22 Oct 2016<https://twitter.com/RealJamesWoods/status/789974975524446208>

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 3,4373,437 Retweets<https://twitter.com/intent/retweet?tweet_id=789974975524446208>

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(For background on Trump supporters wearing red to supposedly ferret out voter fraud—just like figuring out skew in public public opinion polls by looking at the size of Trump rallies, see here<https://t.co/nO4T2pZhUq>).
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87953&title=Quote%20of%20the%20Day%3A%20Fraudulent%20Fraud%20Squad%20Edition>
Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>

“Group Plans Anti-Clinton ‘News’ In Black Press”<http://electionlawblog.org/?p=87951>
Posted on October 22, 2016 6:41 pm<http://electionlawblog.org/?p=87951> by Rick Hasen<http://electionlawblog.org/?author=3>
BuzzFeed:<https://www.buzzfeed.com/darrensands/group-plans-anti-clinton-news-in-black-press?utm_term=.ytQJYqWwzW#.afoQqXzb4z>
A right-leaning nonprofit has proposed an 11th-hour effort to place news articles critical of HIllary Clinton and other Democrats in black newspapers in the runup to the November election, BuzzFeed News has learned.
The American Media Institute has approached Republican donors to finance the articles, three sources said. They were to run in a nominally apolitical black wire service that serves the black press, the sources said.
One source shared details of the plan with BuzzFeed News out of concern that the proposal “looks like voter suppression,” the source said. The group’s founder, Richard Miniter, adamantly denied that charge. It is also unclear whether any donors have committed to financing the project in the election’s final weeks.
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Posted in chicanery<http://electionlawblog.org/?cat=12>

“Donald Trump jokes that it’s okay for his supporters to commit voter fraud”<http://electionlawblog.org/?p=87949>
Posted on October 22, 2016 6:40 pm<http://electionlawblog.org/?p=87949> by Rick Hasen<http://electionlawblog.org/?author=3>
It would be funny <https://www.washingtonpost.com/news/post-politics/wp/2016/10/22/donald-trump-jokes-that-its-okay-for-his-supporters-to-commit-voter-fraud/> if his earlier comments were not so corrosive;
 As Donald Trump once again warned his supporters on Saturday that voter fraud is rampant and could cost him the election, he wondered aloud if he’s receiving any of the fraudulent votes.
“Maybe they’ll vote for Trump, I don’t know, maybe I shouldn’t be saying that,” Trump said at a Saturday night rally in a convention center near the airport here. “I may be hurting myself, you’re right. You’re right. Maybe they’re going to vote for Trump. Alright, let’s forget that. It’s okay for them to do it.”
His tone was joking — but Trump’s comments follow several days of serious allegations that the system is “rigged” against him and that rampant voter fraud could cost him the election. He has claimed that Democrats are voting using the registrations of people who have died and that undocumented immigrants are illegally voting, even though there is little evidence that such fraud is widespread. At the rally on Saturday, he also suggested that some people are voting more than once by visiting several polling locations.
“There is the issue that everybody says: ‘Oh, oh, it doesn’t take place,'” Trump said. “Are these people playing games with us? Right? ‘Oh, it doesn’t take place.’ These are the people that negotiate our trade deals. These are the people that don’t know what’s going on in real life or these are the people that are just playing games with you. There is the issue of voter fraud. Isn’t it amazing how they say: ‘There’s no voter fraud.’ Folks, it’s a rigged system, and it’s a rigged election, believe me.”
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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>

“Go Midwest, Young Hipster If you really want Democrats to win in Iowa, move there.”<http://electionlawblog.org/?p=87947>
Posted on October 22, 2016 6:35 pm<http://electionlawblog.org/?p=87947> by Rick Hasen<http://electionlawblog.org/?author=3>
Alec MacGillis for NYT Sunday Review<http://www.nytimes.com/2016/10/23/opinion/campaign-stops/go-midwest-young-hipster.html?ref=opinion&_r=1>:
Liberals have a simple explanation for this state of affairs: Republican-led gerrymandering, which has put Democrats at a disadvantage in the House and in many state legislatures. But this overlooks an even bigger problem for their party. Democrats today are sorting themselves into geographic clusters where many of their votes have been rendered all but superfluous, especially in elections for the Senate, House and state government.
This has long been a problem for the party, but it has grown worse in recent years. The clustering has economic and demographic roots, but also a basic cultural element: Democrats just don’t want to live where they’d need to live to turn more of the map blue.
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Posted in redistricting<http://electionlawblog.org/?cat=6>

“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. <http://www.vice.com/read/how-the-american-voting-system-lends-itself-to-accusations-its-rigged>
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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>.
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--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
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949.824.3072 - office
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http://electionlawblog.org<http://electionlawblog.org/>
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