[EL] ELB News and Commentary 10/28/16

Fri Oct 28 07:54:09 PDT 2016

“John Roberts and the Shifting Politics of Race”<http://electionlawblog.org/?p=88260>
Posted on October 28, 2016 7:48 am<http://electionlawblog.org/?p=88260> by Rick Hasen<http://electionlawblog.org/?author=3>
Nathan Pippenger<http://democracyjournal.org/alcove/john-roberts-and-the-shifting-politics-of-race/> for Democracy Journal.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>, Voting Rights Act<http://electionlawblog.org/?cat=15>

“NY Becomes Latest State To Face Suit Over Ballot Selfie Ban”<http://electionlawblog.org/?p=88258>
Posted on October 28, 2016 7:47 am<http://electionlawblog.org/?p=88258> by Rick Hasen<http://electionlawblog.org/?author=3>
Law 360 reports.<http://www.law360.com/articles/856703/ny-becomes-latest-state-to-face-suit-over-ballot-selfie-ban>
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Posted in campaigns<http://electionlawblog.org/?cat=59>

“Arpaio files election complaint against Soros-funded group”<http://electionlawblog.org/?p=88256>
Posted on October 28, 2016 7:44 am<http://electionlawblog.org/?p=88256> by Rick Hasen<http://electionlawblog.org/?author=3>
WAFB reports.<http://www.wafb.com/story/33502661/arpaio-files-election-complaint-against-soros-funded-group>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Bloomberg Law Brief: Democrats Sue Republicans (Audio)”<http://electionlawblog.org/?p=88254>
Posted on October 28, 2016 7:42 am<http://electionlawblog.org/?p=88254> by Rick Hasen<http://electionlawblog.org/?author=3>
I talked<http://www.bloomberg.com/news/audio/2016-10-28/bloomberg-law-brief-democrats-sue-republicans-audio> to June Grasso and Greg Stohr about the latest in DNC v. RNC.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“N.J. voter intimidation case at center of Democratic court fight against Trump”<http://electionlawblog.org/?p=88252>
Posted on October 28, 2016 7:36 am<http://electionlawblog.org/?p=88252> by Rick Hasen<http://electionlawblog.org/?author=3>
Jonathan Salant <http://www.nj.com/politics/index.ssf/2016/10/nj_voter_intimidation_case_at_center_of_democratic.html> for NJ.com.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

Public Perceptions of Voter Fraud Shifting (Among non-Trump Supporters)<http://electionlawblog.org/?p=88250>
Posted on October 28, 2016 7:26 am<http://electionlawblog.org/?p=88250> by Rick Hasen<http://electionlawblog.org/?author=3>
Greg Sargent:<https://www.washingtonpost.com/blogs/plum-line/wp/2016/10/28/americans-are-tuning-out-trumps-ugly-lies-this-new-poll-proves-it/?utm_term=.319ebb10beb7>
But here’s a potentially more significant finding. As Scott Clement and Emily Guskin note<https://www.washingtonpost.com/news/the-fix/wp/2016/10/28/clinton-lead-shrinks-even-as-nearly-6-in-10-expect-her-to-win-post-abc-tracking-poll-finds/>, the new Post/ABC poll also finds that worries about voter fraud have declined among American voters by 10 percentage points, even as confidence that the votes will be counted accurately has risen by 12 points:
Fewer than four in 10 voters now say voter fraud occurs very or somewhat often (37 percent), down from 47 percent in early September….In a separate question, the share of voters saying they do not have confidence votes will be counted accurately dipped from 33 to 28 percent, while the percentage saying they are “very confident” rose from 31 to 43 percent.
Of course, a large majority of Trump voters — seven in 10 — say voter fraud occurs at least some of the time, and 34 percent say it occurs very often. And half of them say they are not too confident or not at all confident that votes will be counted accurately across the country. But confidence among Democrats is rising along with that of the broader public: The share of Dems who are very confident in the vote counting is up to 70 percent, while only a tiny fraction of them now thinks voter fraud happens at least some of the time.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“Money Flows Down Ballot as Donald Trump Is Abandoned by Big Donors (Even Himself)”<http://electionlawblog.org/?p=88248>
Posted on October 28, 2016 7:25 am<http://electionlawblog.org/?p=88248> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/10/28/us/politics/money-flows-down-ballot-as-donald-trump-is-abandoned-by-big-donors-even-himself.html>
Disclosures filed with the Federal Election Commission on Thursday revealed tens of millions of dollars in late donations and transfers to Republican “super PACs” focused on down-ballot races, suggesting a significant last-ditch effort to protect Senate and House candidates against Mrs. Clinton’s surge. Relatively little new money has come into outside groups supporting Mr. Trump.
And Mr. Trump appears to have lost the support of his biggest donor: himself.
Mr. Trump contributed no cash and just $31,000 worth of rent and staff salaries to his campaign in the first three weeks of October, a fraction of the $2-million-a-month self-funding pace he had set since winning the Republican presidential nomination.
As of mid-October, according to the disclosure, Mrs. Clinton was raising $2.8 million each day and had $62 million in her campaign account, four times as much as Mr. Trump.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“The Republican mission to quell the IRS”<http://electionlawblog.org/?p=88246>
Posted on October 28, 2016 7:23 am<http://electionlawblog.org/?p=88246> by Rick Hasen<http://electionlawblog.org/?author=3>
Sen. Sheldon Whitehouse<http://origin-nyi.thehill.com/opinion/op-ed/301678-the-republican-mission-to-quell-the-irs> in The Hill:
The GOP’s crusade against Commissioner Koskinen may seem overblown, but it makes a lot of sense when you consider motive: Republicans need dark money, and dark money needs a cowering IRS.
(h/t Paul Caron<http://taxprof.typepad.com/taxprof_blog/2016/10/the-irs-scandal-day-1268-sen-whitehouse-republicans-are-using-koskinen-impeachment-to-bring-irs-to-h.html>)
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, tax law and election law<http://electionlawblog.org/?cat=22>

“Miami-Dade busts 2 women for election fraud”<http://electionlawblog.org/?p=88244>
Posted on October 28, 2016 7:19 am<http://electionlawblog.org/?p=88244> by Rick Hasen<http://electionlawblog.org/?author=3>
Literal stuffing of the ballot box<http://www.miamiherald.com/news/politics-government/election/article111029767.html> by an election worker:
A 74-year-old woman tasked with inserting Miami-Dade County voters’ completed mail ballots into a counting machine was arrested Friday after co-workers caught her illegally marking ballots, resulting in an unknown — but small — number of fraudulent votes being cast for mayoral candidate Raquel Regalado<http://www.miamiherald.com/news/local/community/miami-dade/article95514382.html>.
Investigators linked Gladys Coego, a temporary worker for the county elections department, to two fraudulent votes, but they suspect from witness testimony that she submitted several more.
Coego, of Westchester, turned herself into the Turner Guilford Knight Correctional Center on Friday morning. She’s expected to be charged with two felony counts of marking another person’s ballot.
In a separate election-fraud case, authorities also arrested a second woman for unlawfully filling out voter-registration forms on behalf of United for Care, the campaign to legalize medical marijuana<http://www.miamiherald.com/news/local/community/broward/article110909232.html> in Florida.
This is why fair election observation makes a lot of sense. Some people are idiots or malicious.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>

“Here’s What We DON’T Know About That Sketchy Indiana ‘Voter Fraud’ Probe”<http://electionlawblog.org/?p=88242>
Posted on October 28, 2016 7:16 am<http://electionlawblog.org/?p=88242> by Rick Hasen<http://electionlawblog.org/?author=3>
TPM reports.<http://talkingpointsmemo.com/dc/in-indiana-voter-fraud-case-there-are-a-lot-of-unanswered-questions>
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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>

“Union dumps consultant, PAC treasurer in Petit ad fiasco”<http://electionlawblog.org/?p=88240>
Posted on October 28, 2016 7:15 am<http://electionlawblog.org/?p=88240> by Rick Hasen<http://electionlawblog.org/?author=3>
Ct. Mirror:<http://ctmirror.org/2016/10/27/union-dumps-consultant-pac-treasurer-in-petit-ad-fiasco/>
House Majority Leader Joe Aresimowicz, D-Berlin, told reporters Thursday morning that someone should lose their job over the digital attack ad<http://ctmirror.org/2016/10/26/union-ad-tying-petit-to-trumps-attack-on-women-backfires/> a union political action committee placed against Dr. William Petit, a home-invasion survivor. By nightfall, someone did.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
“Republicans at War Over Supreme Court”<http://electionlawblog.org/?p=88238>
Posted on October 28, 2016 7:12 am<http://electionlawblog.org/?p=88238> by Rick Hasen<http://electionlawblog.org/?author=3>
Politico:<http://www.politico.com/story/2016/10/republicans-split-supreme-court-vacancy-230395>
Senate Republicans are choosing sides ahead of a brutal conflict over how to handle the lingering Supreme Court vacancy, with Jeff Flake firing back Thursday at a suggestion by Ted Cruz that the party could indefinitely block any nominee from Hillary Clinton.
The internal GOP battle over what to do about Merrick Garland — President Barack Obama’s choice for the court — and any future Clinton nominee will dominate the lame duck session of Congress after the election. Senate Majority Leader Mitch McConnell (R-Ky.) is holding the seat vacant for the next president — but Cruz has suggested that Republicans could continue to block Democrats from appointing a new nominee for much longer.
I’m still expecting the Republican Senate to confirm Judge Garland, if Clinton wins AND Democrats take a majority in the Senate.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

“Democratic megadonor bankrolls ‘Republicans for Clinton’ super PAC”<http://electionlawblog.org/?p=88235>
Posted on October 28, 2016 7:11 am<http://electionlawblog.org/?p=88235> by Rick Hasen<http://electionlawblog.org/?author=3>
CPI reports.<https://www.publicintegrity.org/2016/10/28/20391/democratic-megadonor-bankrolls-republicans-clinton-super-pac>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

McConnell’s SuperPac to Save Republican Senate Gets $11 Million Infusion from Non-Disclosing 501(c)(4)<http://electionlawblog.org/?p=88233>
Posted on October 28, 2016 7:07 am<http://electionlawblog.org/?p=88233> by Rick Hasen<http://electionlawblog.org/?author=3>
Teddy Schleifer<http://www.cnn.com/2016/10/27/politics/mitch-mcconnell-senate-super-pac-fundraising/> for CNN:
The super PAC has flipped that money almost immediately into a new advertising push<http://www.cnn.com/2016/10/25/politics/senate-leadership-fund-final-reservations/>in a half-dozen states financed entirely by the late checks. Those contributions will not be reported until December, though many expect Sheldon Adelson, the top Republican giver who together with his wife donated $20 million to the PAC this summer, to have given more.
Prior said that One Nation — a nonprofit also part of the American Crossroads suite of big-money GOP groups — has also sent over an additional $11 million to to the super PAC, a maneuver that gives the network more flexibility in advertising. One Nation is not required to disclose its donors as long as it does not spend more than half of its money directly on elections, and Prior described it as “a part of One Nation’s political activity that’s allowed under the law.”
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, tax law and election law<http://electionlawblog.org/?cat=22>

“How St. Pete could play a role in overturning Citizens United”<http://electionlawblog.org/?p=88231>
Posted on October 28, 2016 7:05 am<http://electionlawblog.org/?p=88231> by Rick Hasen<http://electionlawblog.org/?author=3>
WMNF reports.<http://www.wmnf.org/st-pete-role-overturning-citizens-united/>

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, Supreme Court<http://electionlawblog.org/?cat=29>

“Donald Trump Campaign Seeks ‘Voter Suppression,’ Report Says, but It’s Legal”<http://electionlawblog.org/?p=88229>
Posted on October 28, 2016 7:00 am<http://electionlawblog.org/?p=88229> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/10/28/us/politics/donald-trump-campaign-voter-suppression.html?ref=politics&_r=0>
Donald J. Trump<http://www.nytimes.com/topic/person/donald-trump?inline=nyt-per>’s campaign set off a wave of concern about its tactics on Thursday after a senior campaign official was quoted describing a sophisticated “voter suppression” effort, a term that usually connotes aggressive attempts to keep people from polling places.
The anxiety among Republicans outside the Trump campaign was set off by a report in Businessweek<http://www.bloomberg.com/news/articles/2016-10-27/inside-the-trump-bunker-with-12-days-to-go> in which the unidentified official used the term to describe the team’s approach to three core groups of Hillary Clinton<http://www.nytimes.com/topic/person/hillary-rodham-clinton?inline=nyt-per>’s supporters.
The report came after weeks of diatribes from Mr. Trump questioning the basic integrity of the election. At a rally on Thursday afternoon, he joked that the election should be called off and he should be crowned the winner.
“‘We have three major voter suppression operations underway,’ says a senior official,” the Businessweek report said. “They’re aimed at three groups Clinton needs to win overwhelmingly: idealistic white liberals, young women, and African-Americans.”
See my post yesterday Trump Campaign Admits Its Strategy Depends on Suppressing Democratic Turnout, But Is It Illegal?<http://electionlawblog.org/?p=88154>
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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>

“Everything you need to know about election observers — and why the U.S. needs them”<http://electionlawblog.org/?p=88227>
Posted on October 28, 2016 6:57 am<http://electionlawblog.org/?p=88227> by Rick Hasen<http://electionlawblog.org/?author=3>
Katy Collin <https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/28/everything-you-need-to-know-about-election-observers-and-why-the-u-s-needs-them/> for the Monkey Cage.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Donald Trump hasn’t invested $100 million in White House race – yet”<http://electionlawblog.org/?p=88225>
Posted on October 27, 2016 9:52 pm<http://electionlawblog.org/?p=88225> by Rick Hasen<http://electionlawblog.org/?author=3>
Fredreka Schouten<http://www.usatoday.com/story/news/politics/onpolitics/2016/10/27/donald-trump-has-not-invested-100-million-into-race-yet/92865852/> for USA Today:
WASHINGTON — Republican presidential nominee Donald Trump has repeatedly declared he’s putting $100 million of his own money into his White House bid.
But he still has a long way to go, according to reports his campaign filed Thursday night with the Federal Election Commission.
During the first part of October, the real-estate mogul donated $30,681.67 to his presidential campaign, the filings show. That brings his total investment through Oct. 16 to $56.1 million, through a combination of direct contributions and personal loans that he has since forgiven. He has less than two weeks to dump in the remaining $44 million or so to hit his much-touted target.
This week, he insisted he would boost his spending in the campaign’s homestretch. “I mean, look, I’m going to be in for over $100 million,” Trump told ABC News, during an interview at his new Washington hotel.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“Preventing Problems at the Polls”<http://electionlawblog.org/?p=88223>
Posted on October 27, 2016 9:48 pm<http://electionlawblog.org/?p=88223> by Rick Hasen<http://electionlawblog.org/?author=3>
CAP <https://www.americanprogress.org/series/preventing-problems-at-the-polls/view/> with a bunch of state studies. Here is the description for the series:
The integrity of elections in the United States demands that every eligible American is able to cast a ballot and trust that it will be counted. Americans have the right to choose their representatives and take part in electoral decision-making. But across the country, thousands of voters have not had their voices heard—either because of targeted voter suppression laws or poor election administration decisions.9 While the vast majority of Americans will vote without encountering difficulties, in recent election cycles, voters have faced preventable problems and unnecessary hurdles. Failures at the polls may deny individuals their right to participate in the democratic process.
This series of issue briefs assesses potential problems for voters in states that have experienced issues with election administration or recent changes to voting rules. Each brief analyzes steps to improve election performance and the voting experience. Ongoing lawsuits have led to significant changes in recent weeks, as federal judges have ruled that many provisions of new voting laws discriminate against voters of color and collectively burden voting rights for hundreds of thousands of Americans.10 Understanding the potential burdens that voters may face is a first step toward ensuring that voting is free, fair, and accessible for all Americans.
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Posted in election administration<http://electionlawblog.org/?cat=18>

“On the Unenforceability of the Electoral Count Act”<http://electionlawblog.org/?p=88220>
Posted on October 27, 2016 9:46 pm<http://electionlawblog.org/?p=88220> by Rick Hasen<http://electionlawblog.org/?author=3>
Chris Land and David Schultz have written this article<http://www.rutgerspolicyjournal.org/sites/rutgerspolicyjournal.org/files/Land_Schultz_0.pdf> for the Rutgers Journal of Law and Public Policy. You can find an extended abstract of the article below the fold.
Continue reading →<http://electionlawblog.org/?p=88220#more-88220>
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Posted in electoral college<http://electionlawblog.org/?cat=44>

“Arizona Republicans All In For Sending Swing District Green Party Candidate To Congress”<http://electionlawblog.org/?p=88218>
Posted on October 27, 2016 9:40 pm<http://electionlawblog.org/?p=88218> by Rick Hasen<http://electionlawblog.org/?author=3>
Arizona’s Politics.<http://arizonaspolitics.blogspot.com/2016/10/wolves-in-sheeps-clothing-indeed.html>
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Posted in campaigns<http://electionlawblog.org/?cat=59>

“One more way lobbyists could support Hillary Clinton”<http://electionlawblog.org/?p=88216>
Posted on October 27, 2016 9:38 pm<http://electionlawblog.org/?p=88216> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/news/powerpost/wp/2016/10/27/one-more-way-lobbyists-could-support-hillary-clinton/?utm_campaign=Newsletters&utm_medium=email&utm_source=sendgrid>
Lobbyists have not been allowed onto Hillary Clinton’s transition team, nor has the Democratic presidential nominee indicated whether she, if elected, would lift President Barack Obama’s restrictions on lobbyists working in the administration.
But lobbyists have raised millions of dollars for Clinton’s campaign over the last 18 months, and could be opening their checkbooks and fundraising networks in one more area between now and January: raising money for inaugural activities and parties.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, lobbying<http://electionlawblog.org/?cat=28>

“The Election is Rigged After All — Against African Americans”<http://electionlawblog.org/?p=88214>
Posted on October 27, 2016 9:34 pm<http://electionlawblog.org/?p=88214> by Rick Hasen<http://electionlawblog.org/?author=3>
Eliza Newlin Carney <http://prospect.org/article/election-rigged-after-all-against-african-americans> for TAP.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88214&title=%E2%80%9CThe%20Election%20is%20Rigged%20After%20All%20%E2%80%94%20Against%20African%20Americans%E2%80%9D>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>

“Protecting your right to vote in Ohio this year: editorial”<http://electionlawblog.org/?p=88212>
Posted on October 27, 2016 9:31 pm<http://electionlawblog.org/?p=88212> by Rick Hasen<http://electionlawblog.org/?author=3>
Cleveland Plain Dealer<http://www.cleveland.com/opinion/index.ssf/2016/10/protecting_your_right_to_vote.html#incart_2box_opinion> editorial.

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88212&title=%E2%80%9CProtecting%20your%20right%20to%20vote%20in%20Ohio%20this%20year%3A%20editorial%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Worried About a Rigged Election? Here’s One Way to Handle It; Why the GOP should pay attention to Nixon vs. Kennedy, 1960”<http://electionlawblog.org/?p=88210>
Posted on October 27, 2016 9:26 pm<http://electionlawblog.org/?p=88210> by Rick Hasen<http://electionlawblog.org/?author=3>
Josh Zeitz f<http://www.politico.com/magazine/story/2016/10/donald-trump-2016-rigged-nixon-kennedy-1960-214395>or Politico Magazine.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88210&title=%E2%80%9CWorried%20About%20a%20Rigged%20Election%3F%20Here%E2%80%99s%20One%20Way%20to%20Handle%20It%3B%20Why%20the%20GOP%20should%20pay%20attention%20to%20Nixon%20vs.%20Kennedy%2C%201960%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Oath Keepers Founder Says ‘Undercover’ Poll Watching Effort Won’t Intimidate Voters”<http://electionlawblog.org/?p=88208>
Posted on October 27, 2016 9:23 pm<http://electionlawblog.org/?p=88208> by Rick Hasen<http://electionlawblog.org/?author=3>
Ryan Reilly<http://www.huffingtonpost.com/entry/oath-keepers-poll-watching_us_58122566e4b0990edc2f8178?7jc680k9> for HuffPo:
The founder of a fringe right-wing group issued a “call to action” this week asking members of the organization to go undercover to watch for voter fraud and voter intimidation at polling places on Election Day.
Stewart Rhodes posted his call to action on the Oath Keepers website<https://www.oathkeepers.org/oath-keepers-call-action-spot-document-report-vote-fraud-intimidation-election-day-2016/> this week on “Operation Sabot 2016,” to “help police ensure the free and fair election process is not stolen from the citizens of the United States of America.”
In an interview with The Huffington Post, Rhodes said Oath Keepers wouldn’t intimidate any voters because they are not going to be wearing any gear that would indicate they are a member of the organization. Rhodes’ post encouraged volunteers not to wear any Oath Keepers gear, and encouraged them to go “incognito,” dressed to “blend in” with the public.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88208&title=%E2%80%9COath%20Keepers%20Founder%20Says%20%E2%80%98Undercover%E2%80%99%20Poll%20Watching%20Effort%20Won%E2%80%99t%20Intimidate%20Voters%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>

#JohnDoe: “Schimel asks for leak investigation”<http://electionlawblog.org/?p=88206>
Posted on October 27, 2016 9:21 pm<http://electionlawblog.org/?p=88206> by Rick Hasen<http://electionlawblog.org/?author=3>
Patrick Marley:<http://www.jsonline.com/story/news/politics/2016/10/27/schimel-asks-leak-investigation/92852050/>
Republican Attorney General Brad Schimel asked Wisconsin’s top judge Thursday to investigate a leak in September that hurt conservatives — but not earlier ones that helped them.
“Even a cursory review of those documents published (by the Guardian U.S.) indicates that these documents were obtained in violation of the secrecy orders in this case,” Schimel wrote to Patience Roggensack, chief justice of the state Supreme Court.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88206&title=%23JohnDoe%3A%20%E2%80%9CSchimel%20asks%20for%20leak%20investigation%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

Rocket Docket for DNC v. RNC Voter Intimidation Case-Hearing Next Week<http://electionlawblog.org/?p=88203>
Posted on October 27, 2016 4:09 pm<http://electionlawblog.org/?p=88203> by Rick Hasen<http://electionlawblog.org/?author=3>
Discovery now and oral argument on November 2. <http://lyldenlawnews.com/wp-content/uploads/2016/10/NJ-order-on-GOP-ballot-security-10-27-16.pdf>
Lyle Denniston<http://lyldenlawnews.com/2016/10/27/quick-action-set-poll-watcher-case/> has the details.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88203&title=Rocket%20Docket%20for%20DNC%20v.%20RNC%20Voter%20Intimidation%20Case-Hearing%20Next%20Week>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Could the RNC pay for Trump’s ‘rigged’ election claims?”<http://electionlawblog.org/?p=88201>
Posted on October 27, 2016 1:12 pm<http://electionlawblog.org/?p=88201> by Rick Hasen<http://electionlawblog.org/?author=3>
The CS Monitor reports.<http://www.csmonitor.com/USA/Politics/2016/1027/Could-the-RNC-pay-for-Trump-s-rigged-election-claims>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88201&title=%E2%80%9CCould%20the%20RNC%20pay%20for%20Trump%E2%80%99s%20%E2%80%98rigged%E2%80%99%20election%20claims%3F%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Israeli GOP Group Accepts Donations From non-Americans; Experts Question Legality”<http://electionlawblog.org/?p=88198>
Posted on October 27, 2016 1:07 pm<http://electionlawblog.org/?p=88198> by Rick Hasen<http://electionlawblog.org/?author=3>
Haaretz<http://www.haaretz.com/world-news/u-s-election-2016/1.749587> reports.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88198&title=%E2%80%9CIsraeli%20GOP%20Group%20Accepts%20Donations%20From%20non-Americans%3B%20Experts%20Question%20Legality%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“North Carolina Republicans Tried to Disenfranchise a 100-Year-Old African-American Woman”<http://electionlawblog.org/?p=88196>
Posted on October 27, 2016 12:01 pm<http://electionlawblog.org/?p=88196> by Rick Hasen<http://electionlawblog.org/?author=3>
Ari Berman<https://www.thenation.com/article/north-carolina-republicans-tried-to-disenfranchise-a-100-year-old-african-american-woman/> for The Nation.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88196&title=%E2%80%9CNorth%20Carolina%20Republicans%20Tried%20to%20Disenfranchise%20a%20100-Year-Old%20African-American%20Woman%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

New Judge Assigned to DNC v. RNC Voter Intimidation Case is an Obama Appointee<http://electionlawblog.org/?p=88194>
Posted on October 27, 2016 11:34 am<http://electionlawblog.org/?p=88194> by Rick Hasen<http://electionlawblog.org/?author=3>
This case has been going on so long the original judge passed away.
10/27/2016

99

TEXT ORDER REASSIGNING CASE. Case reassigned to Judge John Michael Vazquez and Magistrate Judge James B. Clark for all further proceedings. Judge Dickinson R. Debevoise, Magistrate Judge M. A. Shipp no longer assigned to case. So Ordered by Chief Judge Jerome B. Simandle on 10/27/16. (aw, ) (Entered: 10/27/2016)

Vazquez, John Michael
Born 1970 in Honolulu, HI
Federal Judicial Service:
Judge, U.S. District Court, District of New Jersey
Nominated by Barack Obama on March 26, 2015, to a seat vacated by Joel A. Pisano. Confirmed by the Senate on January 27, 2016, and received commission on January 29, 2016.
Education:
Rutgers University, B.A., 1992
Seton Hall University School of Law, J.D., 1996
Professional Career:
Law clerk, Hon. Herman D. Michels, Superior Court of New Jersey, Appellate Division, 1996-1997
Private practice, West Orange, New Jersey, 1997-2001
Assistant U.S. attorney, District of New Jersey, 2001-2006; health care fraud coordinator, 2004-2006
Office of the Attorney General, Department of Law and Public Safety, State of New Jersey, 2006-2008; special assistant to the attorney general, 2006-2007; first assistant attorney general, 2007-2008
Private practice, Roseland, New Jersey, 2008-2016

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88194&title=New%20Judge%20Assigned%20to%20DNC%20v.%20RNC%20Voter%20Intimidation%20Case%20is%20an%20Obama%20Appointee>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Winning in court, losing on the ground: uncertainty clouds U.S. voting rights”<http://electionlawblog.org/?p=88192>
Posted on October 27, 2016 10:56 am<http://electionlawblog.org/?p=88192> by Rick Hasen<http://electionlawblog.org/?author=3>
Reuters reports.<http://www.reuters.com/article/us-usa-election-voting-idUSKCN12R2B2>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88192&title=%E2%80%9CWinning%20in%20court%2C%20losing%20on%20the%20ground%3A%20uncertainty%20clouds%20U.S.%20voting%20rights%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Once again, Donald Trump embraces conspiracy theories to undercut the results of the election”<http://electionlawblog.org/?p=88190>
Posted on October 27, 2016 10:50 am<http://electionlawblog.org/?p=88190> by Rick Hasen<http://electionlawblog.org/?author=3>
Philip Bump <https://www.washingtonpost.com/news/the-fix/wp/2016/10/27/once-again-donald-trump-embraces-conspiracy-theories-to-undercut-the-results-of-the-election/> for The Fix.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88190&title=%E2%80%9COnce%20again%2C%20Donald%20Trump%20embraces%20conspiracy%20theories%20to%20undercut%20the%20results%20of%20the%20election%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“ERIC states preparing voter rolls ahead of Election Day; With possible record turnout pre-election work should smooth process”<http://electionlawblog.org/?p=88188>
Posted on October 27, 2016 10:14 am<http://electionlawblog.org/?p=88188> by Rick Hasen<http://electionlawblog.org/?author=3>
Electionline Weekly:<http://www.electionline.org/index.php/electionline-weekly>
The Electronic Registration Information Center<http://www.ericstates.org/> (ERIC), a sophisticated data matching center for state election officials, began with seven states in 2012. Today, ERIC has grown to 20 states plus the District of Columbia, covering over 75 million eligible American voters.
With the election less than two weeks away, and with ERIC member states encompassing about a third of the nation’s eligible voting population, we’ll soon be able to assess the growing impact of the states’ efforts to improve voter registration.
States participating in ERIC are updating their rolls of outdated records and providing information to eligible voters about how to register or update their registration earlier in the election cycle. Since the last presidential election, ERIC states have identified a staggering number of voter records that are likely to require an update or cancellation, including more than 4.5 million voters who have moved but haven’t updated their records; more than 75,000 duplicate records; and more than 160,000 deceased individuals still on the rolls.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88188&title=%E2%80%9CERIC%20states%20preparing%20voter%20rolls%20ahead%20of%20Election%20Day%3B%20With%20possible%20record%20turnout%20pre-election%20work%20should%20smooth%20process%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>

“Young Scholar, Now Lawyer, Says Clarence Thomas Groped Her in 1999”<http://electionlawblog.org/?p=88186>
Posted on October 27, 2016 9:56 am<http://electionlawblog.org/?p=88186> by Rick Hasen<http://electionlawblog.org/?author=3>
Marcia Coyle <http://www.nationallawjournal.com/id=1202770918142/Young-Scholar-Now-Lawyer-Says-Clarence-Thomas-Groped-Her-in-1999?mcode=0&curindex=0&curpage=ALL&slreturn=20160927125016> with a potentially big story:
On Oct. 7, a night dominated by the disclosure<https://www.washingtonpost.com/politics/trump-recorded-having-extremely-lewd-conversation-about-women-in-2005/2016/10/07/3b9ce776-8cb4-11e6-bf8a-3d26847eeed4_story.html> of Donald Trump’s audio-recorded boasts about grabbing women, Moira Smith posted on Facebook a memory of her encounter with Thomas. “He groped me while I was setting the table, suggesting I should sit ‘right next to him,’ ” Smith wrote. Smith, now vice president and general counsel to Enstar Natural Gas Co., in Alaska, was 23 at the time of the dinner party at the Falls Church, Virginia, home of her boss….
Smith spoke with The National Law Journal/Law.com multiple times by email and phone after she revealed her allegation on Facebook. Her three former housemates during the spring and summer of 1999 each said in interviews they remembered Smith describing inappropriate contact by Thomas after she came home that night from the dinner or early the next morning. They also remembered their own shock and inability to advise her about how to respond. Another Truman scholar that summer, whom Smith would later marry and divorce, said in an interview he “definitely remembered” her sharing with him what had happened soon after the dinner party….
The National Law Journal/Law.com wrote Thomas requesting comment to the sequence of events that Smith alleged occurred at the dinner in 1999.
Thomas, in a statement through the Supreme Court’s spokeswoman, denied Smith’s allegations.
“This claim is preposterous and it never happened,” Thomas said.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88186&title=%E2%80%9CYoung%20Scholar%2C%20Now%20Lawyer%2C%20Says%20Clarence%20Thomas%20Groped%20Her%20in%201999%E2%80%9D>
Posted in Supreme Court<http://electionlawblog.org/?cat=29>

“CFI Analysis: Washington’s Voucher Program Could be Transformative”<http://electionlawblog.org/?p=88183>
Posted on October 27, 2016 9:09 am<http://electionlawblog.org/?p=88183> by Rick Hasen<http://electionlawblog.org/?author=3>
Release:<http://www.cfinst.org/Press/PReleases/16-10-27/NEW_CFI_STUDY_SAYS_WASHINGTON%E2%80%99S_VOUCHER_INITIATIVE_COULD_BE_TRANSFORMATIVE.aspx>
Based on these scenarios CFI concludes that Initiative 1464 could well have a transformative effect on Washington politics. At a minimum, it would reduce the electoral importance of the business-oriented interest groups that give the bulk of campaign contributions today. In 2012 and 2014 non-party organizations (such as PACs, corporations and labor unions) gave more than half of the money that went directly to Washington’s state legislative candidates. With the system proposed in this initiative, CFI estimates that vouchers and small donors would become the most important sources of funding. Interest groups would not disappear, but their role would shift toward becoming donor-mobilizers rather than donors themselves.
Very interesting and encouraging report.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88183&title=%E2%80%9CCFI%20Analysis%3A%20Washington%E2%80%99s%20Voucher%20Program%20Could%20be%20Transformative%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

--
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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