[EL] ELB News and Commentary 10/31/16

Mon Oct 31 07:53:41 PDT 2016

“No evidence for ‘Trump supporters with dogs’ tweet claim”<http://electionlawblog.org/?p=88342>
Posted on October 31, 2016 7:49 am<http://electionlawblog.org/?p=88342> by Rick Hasen<http://electionlawblog.org/?author=3>
Cincinnati Enquirer:<http://www.cincinnati.com/story/news/politics/elections/2016/10/31/no-evidence-trump-supporters-dogs-voter-intimidation-jim-wallis-tweet-claim-cincinnati/93044168/>
Outside of a single unsubstantiated tweet, there is currently no evidence Donald Trump supporters with dogs harassed African-Americans voting early in Cincinnati.
At about 10 p.m. Sunday, Christian writer and progressive political activist Jim Wallis<https://sojo.net/biography/jim-wallis>tweeted to his 32,600 followers that “Trump supporters – men with dogs” showed up at a polling location to intimidate voters. “Yelling matches ensued,” he concluded.
One problem: Wallis provided no evidence that the incident he described actually took place.
The lack of proof didn’t stop the tweet from getting a lot of attention and ricocheting around Twitter and into the inboxes of Cincinnati reporters. By 8 a.m. Monday, Wallis’ tweet had approached 3,500 retweets.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Citizens vs. Citizens United”<http://electionlawblog.org/?p=88340>
Posted on October 31, 2016 7:47 am<http://electionlawblog.org/?p=88340> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo editorial<https://www.washingtonpost.com/opinions/citizens-vs-citizens-united/2016/10/29/eb90ca46-9c5c-11e6-b3c9-f662adaa0048_story.html?postshare=8291477921891236&tid=ss_tw&utm_term=.130f66b8c01a>:
Voters in four states — California, Missouri, South Dakota and Washington — will vote on statewide ballot measures dealing with abuses in the campaign finance system. The measures range from support for a constitutional amendment to overturn Citizens United (California’s Prop 59<http://yesonca59com.nationbuilder.com/>) to establishing limits on campaign contributions for state and judicial candidates, committee and political parties (Missouri’s Amendment 2)<http://www.npr.org/2016/10/18/498395856/missouri-voters-to-decide-whether-to-rein-in-unlimited-political-cash>. On the ballot in South Dakota <http://www.yes22.org/> is what’s come to be known as the Anti-Corruption Act (Initiated Measure-22) that would put limits on donations from parties, political action committees and lobbyists, require more transparency and institute other reforms. Voters in Washington state will vote on two referendums: Initiative 735<http://www.wamend.org/>, calling for the overturn of Citizens United, and Initiative 1464<http://www.yes1464.org/about> with a menu of changes that includes some public financing and a bar on large campaign contributions from lobbyists and public contractors.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88340&title=%E2%80%9CCitizens%20vs.%20Citizens%20United%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

Will North Carolina’s Early Voting Cutbacks and Changes Affect Overall Voting?<http://electionlawblog.org/?p=88338>
Posted on October 31, 2016 7:44 am<http://electionlawblog.org/?p=88338> by Rick Hasen<http://electionlawblog.org/?author=3>
From today’s NY Times survey<http://www.nytimes.com/2016/10/31/us/politics/early-voting-trump-clinton.html?ref=politics> on the state of early voting:
In North Carolina, Democrats have a wide lead in the number of ballots cast so far, with 43 percent to Republicans’ 31 percent. But because the state significantly curtailed early voting, Democrats have lagged behind their 2012 participation rate, while Republicans are running ahead. As more polling places open, Democrats are catching up to their 2012 rates.
“They keep eating that deficit away,” said J. Michael Bitzer, a professor of political science at Catawba College.
Mr. Bitzer said<http://www.oldnorthstatepolitics.com/2016/10/as-of-10-30-nc-absentee-ballots-hit-17m.html> there are other warning signs for Mr. Trump: Women have cast 56 percent of the votes in North Carolina so far, and rural voters are slightly behind their 2012 participation rates.
The nagging question for Mrs. Clinton is whether Democrats can bolster black turnout, which is down 17 percent so far, Mr. Bitzer said. “That’s the biggest concern for her,” he added.
Readers may recall that in 2013 North Carolina cut the number of days of early voting from 17 to 10, but required all sites in each county to be open at the same time. When the 4th Circuit struck down the cutback to 10 days, this restored the 17 days of early voting, but gave counties discretion to open fewer sites. Some did, and Democrats and voting rights advocates argued this was done to depress turnout among these groups.
Now, with 10 days left and African American turnout down, the question is whether the losses get made up in this new period. If not, the question will be how much, if any, of the turnout decline is attributable to do early voting changes.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88338&title=Will%20North%20Carolina%E2%80%99s%20Early%20Voting%20Cutbacks%20and%20Changes%20Affect%20Overall%20Voting%3F>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“North Carolina NAACP Files Federal Suit Charging State Illegally Suppressed Right to Vote of Thousands of Black Residents”<http://electionlawblog.org/?p=88336>
Posted on October 31, 2016 7:18 am<http://electionlawblog.org/?p=88336> by Rick Hasen<http://electionlawblog.org/?author=3>
Release:
The North Carolina NAACP filed a federal lawsuit Monday seeking an immediate injunction to stop the state and various county boards of elections from illegally cancelling the registrations of thousands of voters who are being targeted in a coordinated effort right out of the GOP playbook to suppress the black vote in the state.
In Beaufort, Moore and Cumberland counties, boards of elections have cancelled registrations of thousands of voters solely on the basis of a challenge process triggered by individuals who produced single mailings returned as undeliverable, purporting to show a change in residence—without written confirmation from the affected voters or compliance with federal voter registration laws.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88336&title=%E2%80%9CNorth%20Carolina%20NAACP%20Files%20Federal%20Suit%20Charging%20State%20Illegally%20Suppressed%20Right%20to%20Vote%20of%20Thousands%20of%20Black%20Residents%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, NVRA (motor voter)<http://electionlawblog.org/?cat=33>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Amicus: Intimidation Nation — Lawyers challenging punitive voting restrictions in Ohio are making an eleventh hour appeal to the Supreme Court.”<http://electionlawblog.org/?p=88333>
Posted on October 31, 2016 7:14 am<http://electionlawblog.org/?p=88333> by Rick Hasen<http://electionlawblog.org/?author=3>
Dahlia Lithwick podcast<http://www.slate.com/articles/podcasts/amicus/2016/10/will_trump_supporters_try_to_intimidate_minority_voters_on_election_day.html>:
In the wake of the Supreme Court’s 2013 decision in Shelby County v. Holder<https://www.oyez.org/cases/2012/12-96>, many states made changes to their voting laws that may disproportionately harm minorities. This week, lawyers in Ohio filed an emergency motion<https://www.revealnews.org/blog/last-ditch-effort-to-ease-ohio-voting-laws-lands-at-supreme-court/> with the Supreme Court requesting a suspension of post-Shelby voting restrictions in their state. One of those lawyers, Subodh Chandra<http://www.chandralaw.com/About/Subodh-Chandra.shtml>, joins us to explain why.
We also speak with Wendy Weiser<http://www.brennancenter.org/expert/wendy-r-weiser>, director of the Democracy Program at the Brennan Center for Justice, about the potential impact of Donald Trump’s recent warnings about vote-rigging. She explains why long-term neglect of our voting infrastructure is a much bigger threat than either vote tampering or self-styled poll watchers.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88333&title=%E2%80%9CAmicus%3A%20Intimidation%20Nation%20%E2%80%94%20Lawyers%20challenging%20punitive%20voting%20restrictions%20in%20Ohio%20are%20making%20an%20eleventh%20hour%20appeal%20to%20the%20Supreme%20C>
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>

“What do Trump and Brexit have in common? Warnings of electoral fraud.”<http://electionlawblog.org/?p=88331>
Posted on October 31, 2016 7:06 am<http://electionlawblog.org/?p=88331> by Rick Hasen<http://electionlawblog.org/?author=3>
Toby James<https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/31/what-do-trump-and-brexit-have-in-common-warnings-of-electoral-fraud/> for The Monkey Cage.
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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 R.N.C.’s ‘Don’t Get Out the Vote’ Drives”<http://electionlawblog.org/?p=88329>
Posted on October 31, 2016 7:03 am<http://electionlawblog.org/?p=88329> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT editorial<http://www.nytimes.com/2016/10/31/opinion/the-rncs-dont-get-out-the-vote-drives.html?ref=opinion&_r=0> on the consent decree.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88329&title=%E2%80%9CThe%20R.N.C.%E2%80%99s%20%E2%80%98Don%E2%80%99t%20Get%20Out%20the%20Vote%E2%80%99%20Drives%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Will Zombie Voters Tip the Scales in 2016? No, but They Have in the Past”<http://electionlawblog.org/?p=88326>
Posted on October 30, 2016 9:46 pm<http://electionlawblog.org/?p=88326> by Rick Hasen<http://electionlawblog.org/?author=3>
Daily Beast:<http://www.thedailybeast.com/articles/2016/10/30/will-zombie-voters-tip-the-scales-in-2016-no-but-they-have-in-the-past.html>
To Keyssar’s point, a recent investigation into South Carolina’s 2012 elections concluded that no fraud in the name of dead people had happened, despite widespread claims of by state party officials of “zombie voting.” As legislators were pushing a voter i.d. law, several said they knew “for a fact” that hundreds of dead people’s identities were being stolen to vote in South Carolina. Rep. Alan Clemmons, the chief supporter of the photo ID law, declared that, “We must have certainty in South Carolina that zombies aren’t voting.”
But a 13-month statewide investigation<http://www.thestate.com/opinion/editorials/article14436923.html#storylink=cpy> found that not one “dead person” had voted and that all of the rest of the zombies voting were really just aberrations caused by all-too-human clerical errors. Just one person in the investigation has cast an absentee ballot, but died before the election<https://www.washingtonpost.com/blogs/fact-checker/post/the-case-of-zombie-voters-in-south-carolina/2013/07/24/86de3c64-f403-11e2-aa2e-4088616498b4_blog.html>.
The good news for that dead voter: If you vote absentee in South Carolina before you die, under state law your vote, dead person, still counts.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88326&title=%E2%80%9CWill%20Zombie%20Voters%20Tip%20the%20Scales%20in%202016%3F%20No%2C%20but%20They%20Have%20in%20the%20Past%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“‘Jew-S-A!’ chant is latest reminder of white supremacist support for Trump”<http://electionlawblog.org/?p=88324>
Posted on October 30, 2016 9:42 pm<http://electionlawblog.org/?p=88324> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/politics/trump-campaign-manager-condemns-rally-supporter-who-chanted-jew-s-a/2016/10/30/92e73622-9ee2-11e6-8832-23a007c77bb4_story.html>
Donald Trump’s campaign manager on Sunday forcefully disavowed a supporter as “deplorable” for chanting “Jew-S-A!” at a weekend rally, the latest incident of anti-Semitic rhetoric used by some of the GOP nominee’s backers.
“[The man’s] conduct is completely unacceptable and does not reflect our campaign or our candidate. Wow,” Kellyanne Conway said during an interview on CNN’s “State of the Union.” “That man’s conduct was deplorable. And had I been there, I would have asked security to remove him immediately.”
The Saturday afternoon incident in Phoenix, which was captured on video<https://twitter.com/NYTnickc/status/792510299232284672?ref_src=twsrc%5Etfw>, revived long-standing anxieties about xenophobic and white supremacist rhetoric used by a fringe faction within the GOP nominee’s base. A man confronted reporters at the rally with shouts and a three-fingered hand gesture that resembled hate symbols flagged by the Anti-Defamation League.
“You’re going down! You’re the enemy!” the man yelled. As the rest of the crowd broke into a chant of “USA! USA!,” the man repeatedly chanted, “Jew-S-A! Jew-S-A!”
[Man shouts ‘Jew-S-A!’ at journalists covering Trump rally in Phoenix<https://www.washingtonpost.com/news/post-politics/wp/2016/10/30/man-shouts-jew-s-a-at-journalists-covering-trump-rally-in-phoenix/>]
Kellyanne Conway, shown here after the last presidential debate, said a Trump supporter who shouted an anti-Semitic chant at a Trump rally is “deplorable.” (Lucy Nicholson/Reuters)
The man, who wore a “Hillary for Prison” T-shirt, asserted that Jews control the media, a common theme among white supremacists.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88324&title=%E2%80%9C%E2%80%98Jew-S-A!%E2%80%99%20chant%20is%20latest%20reminder%20of%20white%20supremacist%20support%20for%20Trump%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

Trump Falsely Says There Were Never Early Voting Lines in Florida Before People Voted for Him<http://electionlawblog.org/?p=88320>
Posted on October 30, 2016 9:30 pm<http://electionlawblog.org/?p=88320> by Rick Hasen<http://electionlawblog.org/?author=3>
News<https://twitter.com/ddale8/status/792908611122900992> from an alternative reality.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88320&title=Trump%20Falsely%20Says%20There%20Were%20Never%20Early%20Voting%20Lines%20in%20Florida%20Before%20People%20Voted%20for%20Him>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Nixon Didn’t Fight on in 1960 Because Texas Law Didn’t Allow Him to”<http://electionlawblog.org/?p=88318>
Posted on October 30, 2016 9:29 pm<http://electionlawblog.org/?p=88318> by Rick Hasen<http://electionlawblog.org/?author=3>
Ned Foley<http://historynewsnetwork.org/article/164266> for HNN.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“Hundreds march to Board of Elections to cast ballots, protest dearth of early-voting locations”<http://electionlawblog.org/?p=88316>
Posted on October 30, 2016 9:25 pm<http://electionlawblog.org/?p=88316> by Rick Hasen<http://electionlawblog.org/?author=3>
Cleveland Plain Dealer:<http://www.cleveland.com/metro/index.ssf/2016/10/hundreds_march_to_board_of_ele.html#incart_river_mobileshort_index>
Several hundred voters marched to the Cuyahoga County Board of Elections on Sunday to cast ballots and protest the limited number of in-house early voting locations in Ohio.
The marchers departed at 2:30 p.m. from the Trinity Episcopal Cathedral and traveled a half-mile to the Board of Elections headquarters on Euclid Avenue.
Greater Cleveland Congregations and the Amalgamated Transit Union organized the event to encourage Cuyahoga County residents to vote early before the general election on Nov. 8.
But the march also highlighted the fact that ballots cast in person before the election must be filled out at the Board of Elections. The marchers feel the state should provide multiple locations for early voting, organizer Khalilah Worley said.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88316&title=%E2%80%9CHundreds%20march%20to%20Board%20of%20Elections%20to%20cast%20ballots%2C%20protest%20dearth%20of%20early-voting%20locations%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

Is Trump Encouraging Illegal Multiple Voting in Colorado? (It Wouldn’t Work)<http://electionlawblog.org/?p=88314>
Posted on October 30, 2016 9:10 pm<http://electionlawblog.org/?p=88314> by Rick Hasen<http://electionlawblog.org/?author=3>
CNN:<http://www.cnn.com/2016/10/30/politics/donald-trump-write-in-ballots/index.html>
Trump kicked off his rally here on Sunday by encouraging his supporters to “make sure” their ballots are properly counted, saying that he is a “skeptical person” when it comes to the state’s largely vote-by-mail process. He then encouraged his supporters to get a “new ballot” in person at a local polling location.
“They’ll give you a ballot, a new ballot. They’ll void your old ballot, they will give you a new ballot. And you can go out and make sure it gets in,” Trump said.
Registered voters in Colorado automatically receive a ballot in the mail, but can request a new ballot or vote in person if they have not yet mailed in a completed ballot.
“In some places they probably do that four or five times. We don’t do that. But that’s great,” Trump said Sunday, appearing to hint at the possibility of voter fraud in Colorado, a rare prospect Trump has continued to hammer on the stump.
It was unclear whether Trump was encouraging his supporters to get a new ballot even if they had already voted, which would constitute voter fraud. Trump campaign officials in Colorado did not immediately respond to a request for comment.
And here’s why voting multiple times in Colorado wouldn’t work:<https://www.cpr.org/news/story/it-would-be-really-hard-to-rig-colorados-election-system-heres-why>
The signature database is essential in verifying ballots. The ballots themselves are anonymous, but residents voting by mail must sign the return envelope for the vote to be counted. Once the vote is cast, a bipartisan team of election judges in each county checks each signature against the copy on file with the state. If the signature on file doesn’t match the signature on the ballot, it’s set aside and the voter gets a letter asking them to resolve the discrepancy. Unsigned ballots are not counted.
Election judges are civic-minded volunteers (or temporary employees) recruited by parties and county election officials, and are then trained to follow and enforce the Secretary of State’s rules.
“We couldn’t do the elections without them. The people conduct the elections,” said Pam Anderson, executive director of the Colorado County Clerk’s Association.
The Secretary of State’s office says of the roughly 2 million ballots returned by mail in 2014, about 8,000 were thrown out because signatures did not match. And several thousand ballots were counted after counties contacted the voter and resolved the signature issue.
“In general, there appears to be only a few cases where ill intentions may be involved,” a report commissioned by the legislature<https://www.sos.state.co.us/pubs/elections/CVAMEC/files/2015/BPGReport-2014GeneralElection.pdf> to evaluate the 2014 election said.
The signature comparison system means it’s “impossible” for someone to vote twice, Anderson said. “We can’t accept more than one ballot for an individual voter.”
UPDATE: The CNN article quoted above has been the source of some controversy.<http://www.mediaite.com/online/cnn-screws-up-says-trump-encourages-voters-to-vote-multiple-times-except-he-didnt/> I quoted from the edited version of the article, not the original.
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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>

“How ‘Food Truck Voting’ Is Catching On In One Idaho County”<http://electionlawblog.org/?p=88312>
Posted on October 30, 2016 12:13 pm<http://electionlawblog.org/?p=88312> by Rick Hasen<http://electionlawblog.org/?author=3>
NPR:<http://www.npr.org/sections/thesalt/2016/10/29/499856446/how-food-truck-voting-is-catching-on-in-one-idaho-county>
Elections officials in one Idaho county have found a delicious new way to get out the vote: by bringing “food truck voting” straight to the people.
OK, so it’s not a real food truck. You can’t get a meal there.
The Ada County mobile voting booth is actually a converted cargo trailer, complete with walk-up windows and a giant “I voted” sticker painted on the side. As the most populous county in Idaho (the capital of Boise is the county seat and most urban city in the mostly rural state), Chief Deputy Clerk Phil McGrane says the mobile trailer adds a fifth option to early voting locations in Ada County.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88312&title=%E2%80%9CHow%20%E2%80%98Food%20Truck%20Voting%E2%80%99%20Is%20Catching%20On%20In%20One%20Idaho%20County%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>

Lee County (NC) Democrats Allege Trump Supporter with Baseball Bat at Polls<http://electionlawblog.org/?p=88310>
Posted on October 30, 2016 12:07 pm<http://electionlawblog.org/?p=88310> by Rick Hasen<http://electionlawblog.org/?author=3>
I’m afraid these kinds of stories<https://www.facebook.com/leedemocrats/posts/1165694400176498> of possible voter intimidation will increase as we get closer to election day, and many will be hard to fact check.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88310&title=Lee%20County%20(NC)%20Democrats%20Allege%20Trump%20Supporter%20with%20Baseball%20Bat%20at%20Polls>
Posted in chicanery<http://electionlawblog.org/?cat=12>, The Voting Wars<http://electionlawblog.org/?cat=60>

Jacob Soboroff Talks of “Rigged” Voting in Philly<http://electionlawblog.org/?p=88308>
Posted on October 30, 2016 11:56 am<http://electionlawblog.org/?p=88308> by Rick Hasen<http://electionlawblog.org/?author=3>
Watch.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D88308&title=Jacob%20Soboroff%20Talks%20of%20%E2%80%9CRigged%E2%80%9D%20Voting%20in%20Philly>
Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

--
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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