[EL] ELB New and Commentary 9/8/16

[Rick Hasen]

“The results on voter ID laws are in — and it’s bad news for ethnic and racial minorities”<http://electionlawblog.org/?p=86334>
Posted on September 8, 2016 7:26 am<http://electionlawblog.org/?p=86334> by Rick Hasen<http://electionlawblog.org/?author=3>

Zoltan Hajnal LAT oped:<http://www.latimes.com/opinion/op-ed/la-oe-hajnal-voter-id-research-20160908-snap-story.html>

My colleagues Nazita Lajevardi and Lindsay Nielson and I analyzed validated voting data from the Cooperative Congressional Election Study in order to follow voter turnout from 2006 through 2014 among members of different groups — almost a quarter-million Americans in all — in states with and without strict ID laws.

The patterns are stark. Where strict identification laws are instituted, racial and ethnic minority turnout significantly declines.

One way we analyzed the data was to compare the gap in turnout among races and ethnic groups. It is well established that minorities turn out less than whites in most elections in the United States. Our research shows that the racial turnout gap doubles or triples in states that enact strict ID laws.

Latinos are the biggest losers. Their turnout is 7.1 percentage points lower in general elections and 5.3 percentage points lower in primaries in strict ID states than it is in other states. Strict ID laws lower African American, Asian American and multi-racial American turnout as well. In fact, where these laws are implemented, white turnout goes upmarginally, compared with non-voter ID states.

The racial and ethnic patterns persist even after we control for factors other than voter ID laws. We ran the data to check the influence of other state-level electoral laws that encourage or discourage participation, of particular issues in each state and congressional district, of the overall partisanship of each state, and of an array of individual demographic characteristics. Regardless of how we looked at the data, we found that strict voter ID laws suppress minority votes.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>


“Voter Suppression in North Carolina”<http://electionlawblog.org/?p=86332>
Posted on September 8, 2016 7:09 am<http://electionlawblog.org/?p=86332> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT editorial.<http://www.nytimes.com/2016/09/08/opinion/voter-suppression-in-north-carolina.html?partner=rssnyt&emc=rss&_r=1>
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“ProPublica and Coalition of News Organizations Launch “Electionland” to Cover Election Problems and Help America Vote”<http://electionlawblog.org/?p=86330>
Posted on September 8, 2016 7:09 am<http://electionlawblog.org/?p=86330> by Rick Hasen<http://electionlawblog.org/?author=3>

Release via email:

ProPublica today announced Electionland<https://propublica.org/electionland/>, a national reporting initiative that will cover voting problems during the 2016 election. A coalition of organizations – including ProPublica, Google News Lab, the USA TODAY NETWORK, Univision News, First Draft, WNYC, and the CUNY Graduate School of Journalism in New York – will work together to track the voter experience across America in real time. The network’s coordinated use of innovative technology is designed to identify election administration issues as they are happening and empower local reporters to take action.

 Electionland will look for problems typically experienced in voting, such as long lines, malfunctioning machines, harassing election challengers, upticks in provisional ballot use, names dropped from voter rolls and unrequired requests for photo identification, as well as any evidence of in-person voter fraud.

 While American voters routinely experience problems that make it harder to vote – Arizona’s unmanageably long lines during this year’s presidential primary, for example, and the purge of 120,000 names from the voter rolls in New York – journalists have struggled to cover these issues on the day of the election. Too often the extent of voting problems is caught after polls close, when citizens’ right to vote has already been abridged and potential votes have already been lost. ProPublica, with its expertise in sharing data and in journalistic partnerships, is well positioned to change that.

 Nearly 100 local news organizations have already signed up, among them a consortium of more than two dozen public radio member stations convened by WNYC<http://www.wnyc.org/>, including WLRN in Miami, KERA in Dallas, WHYY in Philadelphia and KPCC in Los Angeles; Univision<http://www.univision.com/univision-news> local television stations; and newsrooms in key jurisdictions across the country, including the USA TODAY NETWORK<http://www.gannett.com/>’s Arizona Republic, Cincinnati Enquirer, Des Moines Register, Detroit Free Press, Indianapolis Star, Milwaukee Journal Sentinel, Tallahassee Democrat and the Tennessean.

 Throughout the early voting period and on Election Day, the Electionland coalition will receive real-time data on voting problems from multiple sources, including social media, Google search trends and Facebook’s Signal platform, as well as data fromElection Protection<http://www.866ourvote.org/>, a project of the Lawyers’ Committee for Civil Rights Under Law<https://lawyerscommittee.org/>, which receives calls from voters around the country about voting issues.

 First Draft<https://firstdraftnews.com/>, a coalition of social newsgathering and verification specialists, will coordinate and train a selected network of journalism school newsrooms – at University of Alabama, Arizona State University, Columbia University, University of Florida, University of Georgia, Louisiana State University, University of Memphis, University of Missouri, University of North Carolina at Chapel Hill, Ohio University, University of Oregon and Texas State University – to monitor and flag reports that emerge on social media. ProPublica editors and reporters will oversee the student journalists, who plan to use Meedan’s Check platform to organize their work, and leads will be sent to local media organizations for follow-up.

 On Nov. 8, Electionland will establish a pop-up newsroom, working from facilities at the CUNY Graduate School of Journalism<https://www.journalism.cuny.edu/> in New York. From this hub ProPublica will publish national stories on the state of voting, including the extension of a live blog to be launched during early voting, and updates on social media throughout Election Day.

 “Most newsrooms in America are asking an important but premature question while polls are open: ‘Who’s winning?’” said Scott Klein, ProPublica Deputy Managing Editor and the project’s leader. “Electionland is an experiment that asks whether we can help empower newsrooms to cover other vitally important questions that day: How is the election itself going? Who’s voting and who’s being turned away?”

 “On Election Day, newsrooms often don’t get solid information about voting problems until late in the day – if at all,” said John Keefe, senior editor for data news at WNYC and one of the project’s organizers. “WNYC and other public radio stations are excited to participate in Electionland. We hope to get strong leads into reporters’ hands earlier so they have a chance to pursue stories as they are unfolding.”

 Local reporters can still sign up to participate in Electionland. Participants will receive real-time alerts about potential voting trouble spots within their coverage area. In advance of the voting period, newsrooms that sign up will also have access to reporting recipes, tip sheets and community calls on the changing voting landscape.

 ProPublica today also launched Election DataBot<https://projects.propublica.org/electionbot/>, a new tool that monitors the campaign activity of candidates for federal office throughout the election season, aggregating information such as their filings made to the Federal Election Commission, congressional votes (for incumbents), polling data and their Google Search popularity. Reporters can subscribe to real-time notifications about the races and candidates they cover.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Everything wrong with Gov. Brown’s dinners for donors”<http://electionlawblog.org/?p=86328>
Posted on September 8, 2016 7:04 am<http://electionlawblog.org/?p=86328> by Rick Hasen<http://electionlawblog.org/?author=3>

Dan Schnur LAT oped:<http://www.latimes.com/opinion/op-ed/la-oe-schnur-brown-contributor-dinner-20160908-snap-story.html>

In the middle of a presidential election featuring the two least popular candidates in modern history, it’s easy to forget that Americans’ distaste for politics long predated 2016. And while half the electorate fumes at Donald Trump<http://www.latimes.com/projects/la-na-all-things-trump>’s latest insults, and the other half condemns Hillary Clinton<http://www.latimes.com/projects/la-na-all-things-clinton>’s ethical myopia, it’s just as easy to overlook the day-to-day outrages that have made such large numbers of voters so contemptuous of their leaders.

Many factors have propelled Trump’s candidacy, but one major cause is widespread revulsion toward a pay-to-play system in which contributors are rewarded with access to the politicians of their choice. While Clinton is a less likely vehicle for this anger, she has proposed substantial campaign finance reform as part of her platform.

And yet here in California, our elected officials pay little attention to the public disdain for the increasingly transparent link between political fundraising and government action. When it was reported last week that Gov. Jerry Brown<http://www.latimes.com/topic/politics-government/jerry-brown-PEPLT007547-topic.html> was planning private dinners with contributors during the September bill-signing period — in which he decides to sign or veto hundreds of pieces of legislation — almost no one batted an eye.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


“In New Hampshire and Other States, Democrats Seem Just Fine With Dark Money”<http://electionlawblog.org/?p=86326>
Posted on September 8, 2016 7:03 am<http://electionlawblog.org/?p=86326> by Rick Hasen<http://electionlawblog.org/?author=3>

Robert Maguire and Ashley Balcerzak in the Daily Beast<http://www.thedailybeast.com/articles/2016/09/08/in-new-hampshire-and-other-states-democrats-seem-just-fine-with-dark-money.html>:

If hypocrisy is the coin of the realm in politics, then spending by a Democratic dark money group in New Hampshire’s Senate race could be Exhibit A.

For years, Democrats have blasted Republicans’ use of unlimited secret money in elections. Senate Minority Leader Harry Reid has very publicly tangled<https://www.washingtonpost.com/news/the-fix/wp/2014/03/04/harry-reid-really-hates-the-koch-brothers> with the billionaire industrialists Charles and David Koch, whose network of dark money groups<http://www.opensecrets.org/news/2014/01/koch-network-a-cartological-guide>have spent hundreds of millions of dollars trying to influence races over the last five election cycles. And in New Hampshire, Democratic Gov. Maggie Hassan, running to unseat incumbent GOP Sen. Kelly Ayotte, is selling herself to voters<http://maggiehassan.com/priority/fixing-the-campaign-finance-system/> as someone who has stood up to “dark money groups like the Koch Brothers’ Americans for Prosperity.”

There’s one problem: Hassan herself is receiving millions of dollars in ground support from a 501(c)(4) social welfare organization called Majority Forward, which is run by Democratic operatives close to Reid. Not only has the group not disclosed its donors to the public, but it’s also timing its spending to avoid reporting the New Hampshire electioneering to the Federal Election Commission.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Court Filing Accuses Texas of Misleading Voters Without IDs”<http://electionlawblog.org/?p=86324>
Posted on September 7, 2016 9:45 pm<http://electionlawblog.org/?p=86324> by Rick Hasen<http://electionlawblog.org/?author=3>

Michael Wines<http://www.nytimes.com/2016/09/08/us/court-filing-accuses-texas-of-misleading-voters-without-ids.html?rref=collection%2Fsectioncollection%2Fus&action=click&contentCollection=us&region=rank&module=package&version=highlights&contentPlacement=1&pgtype=sectionfront> for the NYT:

The reason, the motion stated, is that the campaign omits the word “reasonably,” stating instead that voters can cast ballots only if they swear that they “cannot obtain” an identification card. That not only ignores the court’s order, the motion stated, but also leaves voters with the erroneous impression that they cannot vote unless they have exhausted every avenue to acquire an ID.

Texas officials repeatedly refused demands to change the language on official websites or in literature, the motion stated, saying that “cannot obtain” met the court’s requirement.

The Texas secretary of state, Carlos H. Cascos, whose office oversees elections, declined to comment. A spokesman for Attorney General Ken Paxton said his office was studying the motion and would file a response by Friday.

The single word may seem a small matter, but the issue is not: More than 600,000 Texans, many if not most of them poor minorities, have none of the required IDs, according to evidence presented in the trial over the Texas law.

The potential impact is magnified, advocacy groups say, by statements by Texas Republicans that suggest the state will closely review the sworn statements by voters without IDs and will prosecute anyone who makes a false declaration.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15>


“Trump’s pay-for-play scandal intensifies”<http://electionlawblog.org/?p=86322>
Posted on September 7, 2016 4:00 pm<http://electionlawblog.org/?p=86322> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico reports.<http://www.politico.com/story/2016/09/trump-pam-bondi-scandal-227823>

Gotta believe this is thanks to Trump-Bondi finally getting NYT coverage.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>


“Voting security and hacking American elections”<http://electionlawblog.org/?p=86320>
Posted on September 7, 2016 3:32 pm<http://electionlawblog.org/?p=86320> by Rick Hasen<http://electionlawblog.org/?author=3>

To the Point<http://kcrw.co/2cGJYLC> talks to Ion Sanhcho.
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Posted in election administration<http://electionlawblog.org/?cat=18>, voting technology<http://electionlawblog.org/?cat=40>


2 MI Republican Senators File SCOTUS Amicus Brief in Straight Ticket Voting Emergency Case<http://electionlawblog.org/?p=86318>
Posted on September 7, 2016 3:22 pm<http://electionlawblog.org/?p=86318> by Rick Hasen<http://electionlawblog.org/?author=3>

Read it here.<https://drive.google.com/file/d/0B_EYPJV1w7ZRUmotZ2l0c1Q3YTg/view>
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Posted in election administration<http://electionlawblog.org/?cat=18>, Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>


“NCGOP leader lobbied counties to offer just one early voting site in ‘confidential’ email”<http://electionlawblog.org/?p=86316>
Posted on September 7, 2016 1:33 pm<http://electionlawblog.org/?p=86316> by Rick Hasen<http://electionlawblog.org/?author=3>

Incorrigible:<http://www.newsobserver.com/news/politics-government/election/article100426527.html>

While the N.C. Republican Party’s executive director pushed counties to reduce early voting opportunities, another GOP leader went a step further: Calling on Republican county election officials to offer only one early voting site for the minimum hours allowed by law.

In an email with the subject line “CRITICAL and CONFIDENTIAL,” NCGOP 1st Congressional District Chairman Garry Terry told county election board members that they “are expected to act within the law and in the best interest of the party.”

Terry argued that any early voting hours and sites beyond the legal minimum would give Democrats an advantage in November.

“We will never discourage anyone from voting but none of us have any obligation in any shape, form or fashion to do anything to help the Democrats win this election,” Terry wrote. “Left unchecked, they would have early voting sites at every large gathering place for Democrats.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


McMullin: If Johnson Elected VP, He Can Resign and McMullin Can Appoint Replacement<http://electionlawblog.org/?p=86314>
Posted on September 7, 2016 10:59 am<http://electionlawblog.org/?p=86314> by Rick Hasen<http://electionlawblog.org/?author=3>

Real serious campaign<https://www.evanmcmullin.com/politico_gets_it_wrong_on_mcmullin_vp_pick?utm_medium=social&utm_source=t.co&utm_campaign=20160907_EMC-blog-politico-vp-1_twitter&utm_content=EMC> going on there:

Even if that was not an option and Evan wins the White House, Vice President Johnson may simply resign. Section 2 of the Twenty-fifth Amendment provides the mechanism for President McMullin to then nominate a replacement.
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Posted in campaigns<http://electionlawblog.org/?cat=59>


Lawsuit Threatened on NC Early Voting<http://electionlawblog.org/?p=86312>
Posted on September 7, 2016 10:00 am<http://electionlawblog.org/?p=86312> by Rick Hasen<http://electionlawblog.org/?author=3>

Insightus:<http://www.insight-us.org/blog/nc-gop-and-boards-of-elections-plot-course-for-suppressed-turnout-and-election-chaos/>

If the State Board of Elections’ Republican majority hews to the same blatantly discriminatory ‘Woodhouse Rules’ that so many county Republicans “felt bound to follow,” we can expect from the state Board a few cosmetic changes to a few of very worst of the contested county plans (if only for the sake of optics) but little more.

But the State Board may not have the last word in this affair. Insightus will shortly reveal our collaboration with a voting rights law group which has recently promised legal action against the state’s Early Voting plans unless the Board radically revises them to remove their blatant racial discrimination. Check this page for breaking updates.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Lawyers’ Committee Files Federal Voting Rights Lawsuit Challenging Discriminatory Method of Electing Judges to Highest Courts in State of Alabama”<http://electionlawblog.org/?p=86310>
Posted on September 7, 2016 8:54 am<http://electionlawblog.org/?p=86310> by Rick Hasen<http://electionlawblog.org/?author=3>

Release:<https://lawyerscommittee.org/press-release/lawyers-committee-files-federal-voting-rights-lawsuit-challenging-discriminatory-method-electing-judges-highest-courts-state-alabama/>

Today, the Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), filed a lawsuit<http://bit.ly/2ckkj9K> on behalf of the Alabama State Conference of the NAACP and four individual black voters alleging that the method of electing Alabama’s most powerful judges violates the Voting Rights Act. The suit maintains that Alabama’s statewide method of electing members of the Alabama Supreme Court, Court of Criminal Appeals and Court of Civil Appeals deprives the African-American community of the ability to elect any judges of their choice. Currently, all 19 of Alabama’s appellate judges are white.

“In 2016, Alabama’s appellate courts are no more diverse than they were when the Voting Rights Act was signed more than 50 years ago,” said Kristen Clarke, president and executive director of the Lawyers’ Committee. “It is time for the highest courts in the state of Alabama to reflect the diversity of the communities they serve. This lawsuit seeks to provide African-American voters an equal opportunity to elect judges of their choice, achieve long overdue compliance with the Voting Rights Act and instill greater public confidence in the justice system of Alabama.”

The Supreme Court of Alabama has nine members and is the state’s court of last resort. Alabama’s intermediate appellate courts, the Court of Criminal Appeals and the Court of Civil Appeals, each has five members. All 19 judges are elected statewide. Because white Alabamians comprise the majority of the voting age population in the state, and because of racially polarized voting, black-preferred candidates are consistently defeated in elections involving the highest levels of the state’s judiciary. Such vote dilution is prohibited by the Voting Rights Act and the state could easily devise a fairer electoral system.

The Lawyers’ Committee filed today’s suit in partnership with James Blacksher and Edward Still, two long-time Alabama civil rights attorneys, Montgomery-based attorney J. Mitch McGuire, as well as with pro bono counsel Crowell & Moring LLP and Stroock & Stroock & Lavan LLP. The suit was filed in the U.S. District Court for the Middle District of Alabama and is part of the Lawyers’ Committee’s national initiative to bring state courts into compliance with the Voting Rights Act and promote judicial diversity. On July 20, 2016, the Lawyers’ Committee and another set of partners filed a similar suit<https://lawyerscommittee.org/press-release/latino-voters-organizations-file-lawsuit-challenging-discriminatory-method-electing-texass-high-court-judges/> alleging that the statewide method of electing Texas’s most powerful judges violates the Voting Rights Act.
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Posted in judicial elections<http://electionlawblog.org/?cat=19>, Voting Rights Act<http://electionlawblog.org/?cat=15>


“A Broken Winged Pterodactyl Walks Into the Supreme Court: A Look at Next Term’s Redistricting Cases”<http://electionlawblog.org/?p=86308>
Posted on September 7, 2016 8:43 am<http://electionlawblog.org/?p=86308> by Rick Hasen<http://electionlawblog.org/?author=3>

Nate Persily and I were interviewed for this Bloomberg BNA podcast.<http://www.bna.com/broken-winged-pterodactyl-m73014447273/>
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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>


--
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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