[EL] ELB News and Commentary 10/25/16

[Rick Hasen]

“Why Struck-Down Voter ID Laws Trouble Would-Be Voters”<http://electionlawblog.org/?p=88060>
Posted on October 25, 2016 8:11 am<http://electionlawblog.org/?p=88060> by Rick Hasen<http://electionlawblog.org/?author=3>
Another must-read<http://www.nytimes.com/2016/10/26/us/elections/voter-id-laws.html> from Michael Wines of the NYT:
While Donald J. Trump repeatedly claims that the election is “rigged”<http://www.nytimes.com/2016/10/17/us/politics/donald-trump-election-rigging.html>against him, voting rights groups are increasingly battling something more concrete in this year’s ferocious wars over access to the ballot box: Despite a string of court victories against restrictive voting laws passed by Republican legislatures, even when voting rights groups win in court, they are at risk of losing on the ground.
In an election year when turnout could be crucial, a host of factors — foot-dragging by states, confusion among voters, the inability of judges to completely roll back bias — are blunting the effect of court rulings against the laws.
Last month in Texas, a federal court that invalidated that state’s voter ID law in July<http://www.nytimes.com/2016/07/21/us/federal-court-rules-texas-id-law-violates-voting-rights-act.html>ordered recalcitrant state officials to change their public education campaign on new ID rules. The reason: Critics complained that the campaign muddied the central point of the court’s ruling, that voters without a state-approved ID could simply sign an affidavit to cast a ballot. In Kansas, the chief elections official, Secretary of State Kris Kobach, agreed last month to add nearly 20,000 properly registered voters to the state’s rolls only after being threatened with contempt of court.
And this month in North Carolina, plaintiffs complained to a judge that early-voting plans in five populous counties, including Charlotte’s Mecklenburg County, embraced some of the same discriminatory practices that federal courts had outlawed this summer. That came after two senior Republican Party officials advised local elections boards in emails to choose polling places and voting hours that inconvenience minorities and other Democratic-leaning constituencies….
But the crux of the Republicans’ argument is less whimsical: Tough election laws, they argue, are needed to keep Democrats from stealing elections. “What I find is that leaders of the other party are against efforts to crack down on voter fraud,” Gov. Greg Abbott of Texas, a Republican, said in March. Numerous studies and surveys of voting show the opposite: Election fraud is rare, and the in-person fraud that the laws could prevent is virtually absent.
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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>


“Consultant With Ties to Donald Trump Linked to Offer to Hide Source of Donations”<http://electionlawblog.org/?p=88058>
Posted on October 25, 2016 8:06 am<http://electionlawblog.org/?p=88058> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/10/25/us/politics/consultant-with-ties-to-donald-trump-linked-to-offer-to-hide-source-of-donations.html?ref=politics>
A video posted on Monday by a British newspaper appeared to show a Republican consultant with ties to Donald J. Trump<http://www.nytimes.com/topic/person/donald-trump?inline=nyt-per> offering to disguise the source of contributions to a “super PAC<http://topics.nytimes.com/top/reference/timestopics/subjects/c/campaign_finance/index.html?inline=nyt-classifier>” intended to aid Mr. Trump’s presidential campaign.
In an accompanying article<http://www.telegraph.co.uk/news/2016/10/24/exclusive-investigation-donald-trump-faces-foreign-donor-fundrai/>, the newspaper, The Telegraph, wrote that two of its reporters, posing as representatives of a Chinese national who supported Mr. Trump as the Republican presidential nominee, had proposed making a $2 million contribution in support of him. According to the newspaper, the G.O.P. consultant, Jesse Benton, had proposed routing the contribution through his own public relations firm and into nonprofit groups that do not disclose their donors, disguising the foreign source. The groups would then make the contribution to the super PAC, known as Great America PAC, or spend it to benefit Mr. Trump.
United States law strictly forbids foreign nationals from making contributions to candidates, political parties or PACs. And Mr. Benton has a checkered history: Last month he was sentenced to two years of probation for his role in a 2012 scheme to make secret payments to an Iowa state senator in exchange for an endorsement.
But the video does not show how the reporters identified themselves and reflects only snippets of the reporters’ conversations with Mr. Benton, making it difficult to verify exactly what Mr. Benton had offered or whether any laws were broken.
I’d be just as cautious with this as with the O’Keefe videos. When things are edited without access to unedited versions and context, it is impossible to figure out what is being fairly portrayed.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>


“Voters Fear their Ballots Won’t Count, Poll Shows”<http://electionlawblog.org/?p=88056>
Posted on October 25, 2016 8:03 am<http://electionlawblog.org/?p=88056> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT reports.<http://www.nytimes.com/2016/10/26/us/politics/voter-fraud-poll.html?ref=politics&_r=0>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Complaints allege House Democrats’ Trump ads break campaign finance law”<http://electionlawblog.org/?p=88054>
Posted on October 25, 2016 8:01 am<http://electionlawblog.org/?p=88054> by Rick Hasen<http://electionlawblog.org/?author=3>
Politico:<http://www.politico.com/story/2016/10/complaints-allege-house-dems-trump-ads-break-campaign-finance-law-230278>
A conservative-leaning watchdog group is accusing the DCCC and a dozen of its candidates of using illegal advertising practices this fall, arguing in new complaints that the committee has used its ad strategy to direct extra money to a number of its campaigns.
The FEC complaints center on some of the growing number of Democratic TV ads linking Republican House candidates to Donald Trump. It’s a potentially devastating line of attack given Trump’s unpopularity, and the DCCC has spent hundreds of thousands of dollars<http://www.politico.com/story/2016/10/democrats-house-campaign-money-229957> in coordination with some candidates to help them air the ads — well in excess of the normal $48,100 limit<http://www.fec.gov/info/charts_cpe_2016.shtml> on coordinated expenditures in most House races.
Some candidates have legally exceeded the party-coordination limits in recent elections by making carefully worded “hybrid<http://www.politico.com/story/2007/06/more-ads-on-tap-with-possible-fec-change-004507>” ads, which justify the unlimited cost splitting by making generic references to the parties as well as mentioning local candidates. But the DCCC is sharing massive campaign costs on ads directly naming a presidential candidate as well as local House candidates, which have prompted a series of FEC complaints from the Foundation for Accountability and Civic Trust.

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


“Experts: Actions of Democratic operatives in latest undercover James O’Keefe video are likely not a violation of the law”<http://electionlawblog.org/?p=88052>
Posted on October 25, 2016 7:55 am<http://electionlawblog.org/?p=88052> by Rick Hasen<http://electionlawblog.org/?author=3>
Business Insider:<http://www.businessinsider.com/james-okeefe-project-veritas-hillary-clinton-donald-duck-2016-10>
Conservative activist James O’Keefe released another undercover sting video on Monday that he claimed proved Democratic nominee Hillary Clinton illegally coordinated with an outside organization<https://www.youtube.com/watch?v=EEQvsK5w-jY&feature=youtu.be>.
But what O’Keefe considered illegal activity is most likely not, election law experts told Business Insider.
The sting video posted by O’Keefe and produced by his organization, Project Veritas, showed Democratic operative Bob Creamer claiming Clinton personally wanted activists dressed up as Donald Duck outside of Trump events to promote that he had not released his tax returns.
The group Creamer tasked with carrying out the work was Americans United for Change, a liberal non-profit.
The O’Keefe video claims that this would be illegal coordination under the FEC rules, citing unnamed election lawyers. Seems pretty clear that even if (and a big if) the actions described in the O’Keefe video are true, this is not coordination on a public communication as described in 11 CFR 109.21(c). Jason Torchinsky advanced a soft money<https://twitter.com/rickhasen/status/790693419127496704> argument against the Donald Duck alleged coordination. But there’s no solicitation here, and I’d need to hear more from Jason or others as to how this argument would work.
And then there’s also this delicious aspect of the story in Business Insider:
In a statement to Business Insider, the Clinton campaign highlighted how a recent report showed O’Keefe’s own venture, Project Veritas, was funded by Trump’s charitable foundation.
“Wow,” said Zac Petkanas, a Hillary for America spokesman. “The latest so-called blockbuster video from this discredited right wing activist who was funded by Donald Trump’s sham foundation uncovers a legal ploy to highlight that the Republican nominee hasn’t released his tax returns. By the way, did we mention that Donald Trump still hasn’t released his tax returns?”
A recent story in the liberal blog ThinkProgress<https://thinkprogress.org/trump-funded-james-okeefe-53015c2f44b6#.wah6ixwcx>, which drew on a Washington Post database, revealed that Trump’s foundation gave $10,000 to Project Veritas on May 13, 2015.
Project Veritas is a non-profit that is in the same 501 C-4 classification as Americans United for Change. Last week, O’Keefe was invited by the Trump campaign to be a guest at the final presidential debate, and was later available in the spin room following the Las Vegas event.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>


“Trump will claim the election was stolen. This new poll shows GOP voters may believe him.”<http://electionlawblog.org/?p=88050>
Posted on October 25, 2016 7:45 am<http://electionlawblog.org/?p=88050> by Rick Hasen<http://electionlawblog.org/?author=3>
Greg Sargent:<https://www.washingtonpost.com/blogs/plum-line/wp/2016/10/25/trump-will-claim-the-election-was-stolen-this-new-poll-shows-gop-voters-may-believe-him/?utm_term=.94aeea63e4a9>
The poll finds that among Americans overall, only 43 percent have a great deal of confidence that their votes will be counted accurately. That’s unfortunate, to be sure. Meanwhile, the partisan divide is notable: 55 percent of Democrats have a great deal of confidence in the vote counting, while 44 percent of Republicans and 41 percent of Trump supporters feel the same way.
Here’s where it gets worse. Only 37 percent of Americans believe that “people casting votes who are not eligible to vote” is a bigger problem than “eligible voters being denied the right to vote,” which is seen as a bigger problem by 41 percent. But a huge majority of Republicans sees the former as the bigger problem:
Roughly two-thirds (66%) of Republicans believe voter fraud is a bigger problem than voter disenfranchisement, compared to only 19% of Democrats. More than six in ten (62%) Democrats say eligible voters being denied access is the bigger problem facing the election system.
The racial divide is also striking. According to numbers provided to me by PRRI, African Americans say that denial of access to eligible voting is the bigger problem by 66-21, while whites say that voter fraud is the bigger problem by 42-35.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>


“Campaigns Brace for Election-Day Legal Battles”<http://electionlawblog.org/?p=88048>
Posted on October 25, 2016 7:42 am<http://electionlawblog.org/?p=88048> by Rick Hasen<http://electionlawblog.org/?author=3>
WSJ reports.<http://www.wsj.com/articles/campaigns-brace-for-election-day-legal-battles-1477343979>
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Posted in campaigns<http://electionlawblog.org/?cat=59>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Election law doesn’t care if Trump (or Clinton) ever concedes”<http://electionlawblog.org/?p=88046>
Posted on October 25, 2016 7:38 am<http://electionlawblog.org/?p=88046> by Rick Hasen<http://electionlawblog.org/?author=3>
CNN reports.<http://www.cnn.com/2016/10/24/politics/donald-trump-election-concession-law/>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Clinton Campaign Mulled Embracing Sanders’s Agenda Against Corruption”<http://electionlawblog.org/?p=88044>
Posted on October 25, 2016 7:37 am<http://electionlawblog.org/?p=88044> by Rick Hasen<http://electionlawblog.org/?author=3>
Common Dreams:<http://www.commondreams.org/views/2016/10/24/clinton-campaign-mulled-embracing-sanderss-agenda-against-corruption>
Neera Tanden, the president of the think tank, Center for American Progress, produced a memo on government reform and public corruption that was sent to John Podesta, campaign chairman, and Jake Sullivan, a senior policy adviser to the campaign on March 1.
“From our extensive research,” Tanden indicated, “voter distrust of government has reached alarming levels. However, ironically enough, the distrust is based on a liberal critique of government, not a conservative one. It is nearly universally believed that the government works for the rich (80% of voters nationwide), big corporations (83%), and special interests (84%) over the interests of the middle class.”
“The public’s distrust and anger at who the government is working for right now (the wealthy and special interests), and who it’s not working for (us) is a searing issue,” Tanden concluded. “My view is that political leaders communicate that they are part of the solution with bold actions and plans, or they will be seen as part of the problem. And being seen as part of the problem is a potentially deadly liability.”
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


“How will Trump supporters react if he loses?”<http://electionlawblog.org/?p=88041>
Posted on October 25, 2016 7:25 am<http://electionlawblog.org/?p=88041> by Rick Hasen<http://electionlawblog.org/?author=3>
Pippa Norris<https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/25/how-will-trump-supporters-react-if-he-loses/> for The Monkey Cage:
What do Americans think they would do if their presidential candidate does not win? The Reuters-IPSOS poll gave registered voters six hypothetical choices. Respondents were allowed to choose more than one option. The most popular choice was to take no action: Around half the Republicans and Democrats said they would act if their own candidate lost. That’s not surprising. Longstanding research shows that only a small sector of the electorate would get politically engaged about most issues.
Around three in 10 voters said they would support legal challenges pursued through the courts, as in Florida in 2000. Another 13 to 17 percent of voters said they would protest the results. As long as any demonstrations are peaceful, democracies would consider both of these appropriate responses to any alleged or actual problems at the polls.
Some voters responded that they would leave the country — but this seems more like a rhetorical gesture than a real threat.
Finally, a few people (3 percent of Republicans and 7 percent of Democrats) opted for the most extreme response: to take up arms to oppose the outcome. The number of respondents in this category is low, and it is a hypothetical response, so not too much should be made of the modest difference here by party.
That last result is very interesting.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, The Voting Wars<http://electionlawblog.org/?cat=60>


“A City Clerk Opposed an Early-Voting Site at UW–Green Bay Because ‘Students Lean More Toward the Democrats'”<http://electionlawblog.org/?p=88038>
Posted on October 25, 2016 7:17 am<http://electionlawblog.org/?p=88038> by Rick Hasen<http://electionlawblog.org/?author=3>
Big from Ari Berman:<https://www.thenation.com/article/city-clerk-opposed-early-voting-site-at-uw-green-bay-because-students-lean-more-toward-the-democrats/>
After the primary, leaders of eight different student groups—including the Republican, Democratic, and Libertarian parties and the Black Student Union—asked the city to put an early-voting location on campus to alleviate long lines. But city officials ignored the request and opened only one early-voting site<http://www.greenbaypressgazette.com/story/news/politics/elections/2016/09/26/officials-push-city-offer-early-voting-uwgb/91119468/> on September 26 for the entire city—the third-largest in Wisconsin—at the clerk’s office, a 15-minute drive from campus, which is open only during business hours. City Clerk Kris Teske, an appointee of Republican Mayor Jim Schmitt, a close ally of Governor Scott Walker<http://democurmudgeon.blogspot.com/2016/09/walkeract-10-backer-green-bay-mayor.html>, said the city didn’t have the money, time, or security to open an early-voting location on campus or anywhere else.
But privately Teske gave a different reason for opposing an early-voting site at UW–Green Bay, writing that student voting would benefit the Democratic Party. “UWGB is a polling location for students and residents on Election Day but I feel by asking for this to be the site for early voting is encouraging the students to vote more than benefiting the city as a whole,” she wrote on August 26 in an e-mail to David Buerger, counsel at the Wisconsin Ethics Commission. “I have heard it said that students lean more toward the democrats…. I have spoken with our Chief of Staff and others at City Hall and they agree that budget wise this isn’t going to happen. Do I have an argument about it being more of a benefit to the democrats?”
The e-mails were provided to The Nation following an open-records request by the One Wisconsin Institute<http://onewisconsinnow.org/institute/>, which has successfully challenged early-voting cutbacks<http://host.madison.com/ct/news/local/govt-and-politics/election-matters/updated-federal-judge-overturns-restrictions-on-early-weekend-voting-in/article_eb578ebc-6267-5ad0-9670-7f211968e00c.html> in the state.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“The Real Voting Problem in the 2016 Election; Officials in key battleground states have been dragging their feet on obeying court orders to open up access to the polls”<http://electionlawblog.org/?p=88036>
Posted on October 25, 2016 7:11 am<http://electionlawblog.org/?p=88036> by Rick Hasen<http://electionlawblog.org/?author=3>
Zack Roth<http://www.politico.com/magazine/story/2016/10/the-real-voting-problem-in-the-2016-election-214386#ixzz4O365N99B> for Politico.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


Politifact Rates “False” Trump Claim That 14 Percent of Non-Citizens are Registered to Vote<http://electionlawblog.org/?p=88033>
Posted on October 24, 2016 3:51 pm<http://electionlawblog.org/?p=88033> by Rick Hasen<http://electionlawblog.org/?author=3>
See here.<http://www.politifact.com/truth-o-meter/statements/2016/oct/24/donald-trump/donald-trump-wrongly-says-14-percent-noncitizens-a/>

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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Complaint spurs voter machine recalibration”<http://electionlawblog.org/?p=88031>
Posted on October 24, 2016 3:37 pm<http://electionlawblog.org/?p=88031> by Rick Hasen<http://electionlawblog.org/?author=3>
This happens every year, and it is already happening this year<http://www.thetimesnews.com/news/20161024/complaint-spurs-voter-machine-recalibration>. It doesn’t mean the machines are rigged:
The Alamance County Board of Elections will recalibrate the voting machines at the Graham early voting site after a second-hand, anonymous complaint.
A man claiming to be a concerned citizen called the Times-News and said that when a friend of his attempted to vote for Democratic candidate Hillary Clinton, it selected Republican candidate Donald Trump. The information was left in a voicemail with no return phone number or name of the individuals involved.
Alamance County Board of Elections Director Kathy Holland said she received a similar phone call from one of the local political parties about a man claiming the machine had selected a different presidential candidate from the one he was attempting to select. No one, she stressed, has complained while voting. She said they would recalibrate the machines after voting ended Monday evening at the Youth Services Building.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Voters With Disabilities Fight For More Accessible Polling Places”<http://electionlawblog.org/?p=88029>
Posted on October 24, 2016 2:20 pm<http://electionlawblog.org/?p=88029> by Rick Hasen<http://electionlawblog.org/?author=3>
Pam Fessler reports<http://www.npr.org/2016/10/24/499177544/disabled-voters-fight-for-more-accessible-polling-places?utm_campaign=storyshare&utm_source=twitter.com&utm_medium=social> for NPR.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Developing Empirical Evidence for Campaign Finance Cases”<http://electionlawblog.org/?p=88027>
Posted on October 24, 2016 2:16 pm<http://electionlawblog.org/?p=88027> by Rick Hasen<http://electionlawblog.org/?author=3>
Brennan Center:<https://www.brennancenter.org/publication/developing-empirical-evidence-campaign-finance-cases>
This report reviews the current state of campaign finance law, explains how the Supreme Court has considered evidence in campaign finance cases, and identifies the key empirical questions in campaign finance law that have been or need to be answered.
Download the Report<https://www.brennancenter.org/sites/default/files/publications/EmpiricalResearchPaperFinal.pdf>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


“Gerrymandering Is Destroying the Political Center”<http://electionlawblog.org/?p=88025>
Posted on October 24, 2016 2:13 pm<http://electionlawblog.org/?p=88025> by Rick Hasen<http://electionlawblog.org/?author=3>
Upcoming Intelligence Squared debate.<http://www.intelligencesquaredus.org/debates/gerrymandering-destroying-political-center>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Federal Court Bars Enforcement of Michigan Ballot Selfie Law, Citing First Amendment Concerns<http://electionlawblog.org/?p=88022>
Posted on October 24, 2016 2:07 pm<http://electionlawblog.org/?p=88022> by Rick Hasen<http://electionlawblog.org/?author=3>
See the order<http://electionlawblog.org/wp-content/uploads/18.-Crookston-Opinion-and-Order-.pdf> granting a preliminary injunction.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88022&title=Federal%20Court%20Bars%20Enforcement%20of%20Michigan%20Ballot%20Selfie%20Law%2C%20Citing%20First%20Amendment%20Concerns>
Posted in campaigns<http://electionlawblog.org/?cat=59>, election administration<http://electionlawblog.org/?cat=18>


“A growing conflict over voting rights is playing out in Georgia, where the presidential race is tightening”<http://electionlawblog.org/?p=88020>
Posted on October 24, 2016 2:02 pm<http://electionlawblog.org/?p=88020> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/politics/growing-conflict-over-voting-rights-in-georgia-where-the-presidential-race-is-tightening/2016/10/24/2e9d2caa-84e6-11e6-a3ef-f35afb41797f_story.html>
A growing conflict over voting rights and ballot access is playing out in Georgia, where civil rights activists are trading accusations with Republican elected officials and where stakes have risen considerably with the state’s new status as a closely watched battleground.
Activists said earlier this month as many as 100,000 Georgia voter registration applications have not been processed. One of the state’s largest counties offered only one early-voting site, prompting hours-long waits for many voters at the polls last week. And the state’s top election official has refused to extend voter registration deadlines in counties hardest hit by Hurricane Matthew.
These developments have prompted harsh criticism from voting rights activists. Last week, the American Civil Liberties Union filed a lawsuit to extend registration for six counties affected by the hurricane. Republican Secretary of State Brian Kemp, who oversees elections, responded by taking to Twitter to rail against “left-wing activists,” whom he accused of trying to disrupt the upcoming election.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88020&title=%E2%80%9CA%20growing%20conflict%20over%20voting%20rights%20is%20playing%20out%20in%20Georgia%2C%20where%20the%20presidential%20race%20is%20tightening%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Trump backers walking shaky legal line in monitoring voters”<http://electionlawblog.org/?p=88018>
Posted on October 24, 2016 1:59 pm<http://electionlawblog.org/?p=88018> by Rick Hasen<http://electionlawblog.org/?author=3>
The Columbus Dispatch reports.<http://www.dispatch.com/content/stories/local/2016/10/24/trump-backers-walking-shaky-legal-line-in-monitoring-voters.html>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88018&title=%E2%80%9CTrump%20backers%20walking%20shaky%20legal%20line%20in%20monitoring%20voters%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>, The Voting Wars<http://electionlawblog.org/?cat=60>


Congratulations to Dan Tokaji, Elected to the American Law Institute<http://electionlawblog.org/?p=88016>
Posted on October 24, 2016 1:49 pm<http://electionlawblog.org/?p=88016> by Rick Hasen<http://electionlawblog.org/?author=3>
Well deserved!!!!
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88016&title=Congratulations%20to%20Dan%20Tokaji%2C%20Elected%20to%20the%20American%20Law%20Institute>
Posted in election law biz<http://electionlawblog.org/?cat=51>


“Trump: ‘Too much is being made’ about what I said in the debate”<http://electionlawblog.org/?p=88013>
Posted on October 24, 2016 9:21 am<http://electionlawblog.org/?p=88013> by Rick Hasen<http://electionlawblog.org/?author=3>
Politico<http://www.politico.com/story/2016/10/trump-election-results-response-230232#ixzz4O1DqEe5G> has the audio of Trump talking about his comment on keeping us in suspense if he loses:
“Yes, I think too much is being made,” Trump told Bo Thompson on WBT-AM’s “Charlotte’s Morning News.” “But, you know, everybody had me winning the third debate and the second debate handily, easily. And when I made that statement, I made it knowingly, because what’s happening is absolutely ridiculous.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88013&title=%E2%80%9CTrump%3A%20%E2%80%98Too%20much%20is%20being%20made%E2%80%99%20about%20what%20I%20said%20in%20the%20debate%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>


“Pillar of Law Institute Challenges Colorado “Ballot Selfie” Ban”<http://electionlawblog.org/?p=88011>
Posted on October 24, 2016 8:55 am<http://electionlawblog.org/?p=88011> by Rick Hasen<http://electionlawblog.org/?author=3>
Release.<https://www.pillaroflaw.org/index.php/blog/entry/pillar-of-law-institute-challenges-colorado-ballot-selfie-ban>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88011&title=%E2%80%9CPillar%20of%20Law%20Institute%20Challenges%20Colorado%20%E2%80%9CBallot%20Selfie%E2%80%9D%20Ban%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>


“Trump’s ethics plan: 5 problems with his vow to ‘drain the swamp'”<http://electionlawblog.org/?p=88009>
Posted on October 24, 2016 8:29 am<http://electionlawblog.org/?p=88009> by Rick Hasen<http://electionlawblog.org/?author=3>
Jonathan Salant f<http://www.nj.com/politics/index.ssf/2016/10/5_problems_with_donald_trumps_ethics_package5.html>or NJ.com.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88009&title=%E2%80%9CTrump%E2%80%99s%20ethics%20plan%3A%205%20problems%20with%20his%20vow%20to%20%E2%80%98drain%20the%20swamp%27%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“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/>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88003&title=%E2%80%9CWhy%20Donald%20Trump%E2%80%99s%20%E2%80%98Ballot%20Watchers%E2%80%99%20Might%20Be%20Illegal%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>


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>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88001&title=The%20Simpsons%20Sends%20a%20Message%20About%20Voting%20Machines>
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
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87999&title=%E2%80%9CDDOS%20Attacks%20And%20Election%20Day%3A%20What%20To%20Do%3F%20%5BHINT%3A%20Don%E2%80%99t%20Wait.%5D%E2%80%9D>
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/>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87997&title=%E2%80%9CRedistricting%20and%20Representation%20in%20the%202016%20Elections%20and%20Beyond%E2%80%9D>
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/>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87994&title=%E2%80%9CPoll%3A%2060%25%20of%20Republicans%20believe%20illegal%20immigrants%20vote%3B%2043%25%20believe%20people%20vote%20using%20dead%20people%E2%80%99s%20names%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>


“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. <https://www.washingtonpost.com/opinions/its-time-to-automate-voter-registration/2016/10/23/cf249132-97cd-11e6-bb29-bf2701dbe0a3_story.html?utm_term=.0f8bb19cc405>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87990&title=%E2%80%9CIt%E2%80%99s%20Time%20To%20Automate%20Voter%20Registration%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>


--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>
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