[EL] ELB News and Commentary 9/13/16

Tue Sep 13 07:38:36 PDT 2016

Deplorable Dept: “Bevin Says Clinton Election Might Require Shedding Blood”<http://electionlawblog.org/?p=86474>
Posted on September 13, 2016 7:26 am<http://electionlawblog.org/?p=86474> by Rick Hasen<http://electionlawblog.org/?author=3>

Political Wire has the video<https://politicalwire.com/2016/09/13/bevin-says-clinton-election-might-require-shedding-blood/>.

Kentucky Gov. Matt Bevin (R) says patriots might have to shed blood to “reclaim” America if Hillary Clinton is elected:

Whose blood will be shed? It may be that of those in this room. It might be that of our children and grandchildren. I have nine children. It breaks my heart to think that it might be their blood that is needed to redeem something, to reclaim something, that we through our apathy and our indifference have given away.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Texas heading back to court over voter ID law”<http://electionlawblog.org/?p=86472>
Posted on September 13, 2016 7:21 am<http://electionlawblog.org/?p=86472> by Rick Hasen<http://electionlawblog.org/?author=3>

The Austin-American Statesman reports.<http://www.statesman.com/news/news/texas-heading-back-to-court-over-voter-id-law/nsXPG/>

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86472&title=%E2%80%9CTexas%20heading%20back%20to%20court%20over%20voter%20ID%20law%E2%80%9D&description=>
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>

“1 in 7 Ohio registered voters won’t receive an invitation to vote absentee”<http://electionlawblog.org/?p=86470>
Posted on September 13, 2016 7:20 am<http://electionlawblog.org/?p=86470> by Rick Hasen<http://electionlawblog.org/?author=3>

Important story<http://www.ohio.com/news/politics/2016/1-in-7-ohio-registered-voters-won-t-receive-an-invitation-to-vote-absentee-1.711218> from OH:

In an online ad, a smiling Ohio Secretary of State Jon Husted holds up a letter with his name in large print and the promise, “Your absentee ballot request form is in the mail.”

But for 1 in 7 registered voters in Ohio, this is not true.

Husted, a Republican in his second term as the state elections chief, has decided not to send absentee ballot applications to 1,032,775 registered voters who, reportedly, did not vote in the 2012 or 2014 federal elections (although many have voted in off-year elections) or who are thought to have moved.

Some, a Beacon Journal investigation has found, have voted as recently as March and have not, in fact, moved. This includes some of the 36,822 Summit County voters who aren’t getting the absentee ballot applications this year.

This is very disturbing, given assurances in the Golden Week litigation and elsewhere that every Ohio voter would get an absentee ballot application.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86470&title=%E2%80%9C1%20in%207%20Ohio%20registered%20voters%20won%E2%80%99t%20receive%20an%20invitation%20to%20vote%20absentee%E2%80%9D&description=>
Posted in absentee ballots<http://electionlawblog.org/?cat=53>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Small donor democracy? Don’t count on it”<http://electionlawblog.org/?p=86467>
Posted on September 13, 2016 7:12 am<http://electionlawblog.org/?p=86467> by Rick Hasen<http://electionlawblog.org/?author=3>

Bob Mutch:<http://blog.oup.com/2016/09/small-donor-democracy-campaign-finance/>

Politics requires organization. The problem with small-donor programs is that they are organized to increase the number of small donors, but not to organize the donors themselves. Millions of unorganized donors are a statistic, not a political force. They look good on disclosure reports, but without organization they cannot have the kind of policy-making influence that would justify the term “democratization.” People have been chasing the dream of a small-donor democracy off and on for more than 100 years. The chase is on again, but the goal remains as illusory as ever.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“The liberal failure of political reform”<http://electionlawblog.org/?p=86465>
Posted on September 13, 2016 7:10 am<http://electionlawblog.org/?p=86465> by Rick Hasen<http://electionlawblog.org/?author=3>

Matt Grossman and David Hopkins<http://www.vox.com/polyarchy/2016/9/12/12882214/political-reform-liberal-failure> for Vox.
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Posted in theory<http://electionlawblog.org/?cat=41>

“The Transparency-Privacy Trade-Off (or Bargain)”<http://electionlawblog.org/?p=86463>
Posted on September 13, 2016 7:05 am<http://electionlawblog.org/?p=86463> by Rick Hasen<http://electionlawblog.org/?author=3>

Bauer blogs.<http://www.moresoftmoneyhardlaw.com/2016/09/transparency-privacy-trade-bargain/>

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

Goldfeder Presidential Quiz for the Week<http://electionlawblog.org/?p=86461>
Posted on September 13, 2016 7:03 am<http://electionlawblog.org/?p=86461> by Rick Hasen<http://electionlawblog.org/?author=3>

Here you go.<http://www.stroock.com/files/upload/JerryGoldfederDailyQuiz.pdf>

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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“G.O.P. Voters Urged to Select Dead Assemblyman in New York Race”<http://electionlawblog.org/?p=86459>
Posted on September 12, 2016 9:20 pm<http://electionlawblog.org/?p=86459> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT reports.<http://www.nytimes.com/2016/09/13/nyregion/gop-voters-urged-to-select-dead-assemblyman-in-new-york-race.html>

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Posted in election administration<http://electionlawblog.org/?cat=18>

“Judge temporarily blocks proof-of-citizenship voting requirement in 3 states”<http://electionlawblog.org/?p=86457>
Posted on September 12, 2016 9:16 pm<http://electionlawblog.org/?p=86457> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/local/public-safety/judge-temporarily-blocks-proof-of-citizenship-voting-requirement-in-3-states/2016/09/12/e8f87d36-7922-11e6-beac-57a4a412e93a_story.html>

A federal judge said Monday he is unlikely to hear arguments in a lawsuit challenging a proof-of-citizenship requirement in a mail-in federal voter registration form used by Kansas, Alabama and Georgia until an appeals court panel that looked at the matter issues its written opinion.

The move by U.S. District Judge Richard J. Leon of Washington means it is unlikely that the requirement will be enforced for November’s elections.

A panel of the U.S. Court of Appeals for the District of Columbia Circuit voted 2-to-1 Friday to order the states to treat any voter applications filed since January as if they did not include the requirement to produce documents showing citizenship.
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Posted in election administration<http://electionlawblog.org/?cat=18>, Election Assistance Commission<http://electionlawblog.org/?cat=34>, NVRA (motor voter)<http://electionlawblog.org/?cat=33>, The Voting Wars<http://electionlawblog.org/?cat=60>, voting<http://electionlawblog.org/?cat=31>

Trump Encourages Supporters to Use Early Voting in NC, Available Sooner Thanks to Voting Rights Lawsuit<http://electionlawblog.org/?p=86455>
Posted on September 12, 2016 9:13 pm<http://electionlawblog.org/?p=86455> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/politics/worried-republicans-are-pouring-resources-into-north-carolina/2016/09/12/124c69d6-76da-11e6-b786-19d0cb1ed06c_story.html>

If Trump continues to let Clinton and her allies lap him in ad spending, his best chance for capturing voters’ attention might be in media coverage of events like his Monday arena speech here in Asheville. The atmosphere was tense, with protesters seeking to disrupt the proceedings at regular intervals. In his remarks, Trump encouraged voters to cast their ballot early, beginning on Oct. 20, or on Election Day.

“It’s our last chance to take it back,” Trump said. “In my opinion, it’s our last chance — I really believe that. It’s our last chance to take it back, to fix our rigged system.”
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Posted in campaigns<http://electionlawblog.org/?cat=59>, voting<http://electionlawblog.org/?cat=31>

“Judge wants state’s voter ID plan”<http://electionlawblog.org/?p=86453>
Posted on September 12, 2016 5:19 pm<http://electionlawblog.org/?p=86453> by Rick Hasen<http://electionlawblog.org/?author=3>

Patrick Marley<http://www.jsonline.com/story/news/politics/elections/2016/09/12/judge-wants-states-voter-id-plan/90285924/> for the Milwaukee Journal-Sentinel:

A federal judge on Monday gave the state 10 days to spell out what it is doing to inform people how they can vote if they have great difficulty getting IDs.

The ruling by Judge James Peterson in Madison gives state officials until Sept. 22 to explain their plans to help voters in the Nov. 8 election.
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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>

“How to Replace a Presidential Nominee Who Gets Sick”<http://electionlawblog.org/?p=86451>
Posted on September 12, 2016 4:42 pm<http://electionlawblog.org/?p=86451> by Rick Hasen<http://electionlawblog.org/?author=3>

Sam Frizell for TIME<http://time.com/4487950/hillary-clinton-donald-trump-illness-replace/>.

More of these types of stories to come.
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Posted in campaigns<http://electionlawblog.org/?cat=59>

Pam Karlan Named to #Politico50<http://electionlawblog.org/?p=86449>
Posted on September 12, 2016 3:03 pm<http://electionlawblog.org/?p=86449> by Rick Hasen<http://electionlawblog.org/?author=3>

So well-deserved!<http://www.politico.com/magazine/politico50/2016/pamela-karlan>

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Posted in election law biz<http://electionlawblog.org/?cat=51>

6th Cir. Rejects Voting Rights Challenge to MI Law Giving State Emergency Appointment Powers in Local Areas<http://electionlawblog.org/?p=86447>
Posted on September 12, 2016 2:48 pm<http://electionlawblog.org/?p=86447> by Rick Hasen<http://electionlawblog.org/?author=3>

Opinion.<http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0228p-06.pdf>
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Posted in voting<http://electionlawblog.org/?cat=31>, Voting Rights Act<http://electionlawblog.org/?cat=15>

“Former DNC chairman calls for Clinton contingency plan”<http://electionlawblog.org/?p=86445>
Posted on September 12, 2016 2:11 pm<http://electionlawblog.org/?p=86445> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico reports.<http://www.politico.com/story/2016/09/hillary-clinton-health-replace-contingency-228037>

I’ve been getting a fair number of media calls asking me about what happens if Clinton cannot run. (“We know it is wild speculation and not supported by the facts, but….”)
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Posted in campaigns<http://electionlawblog.org/?cat=59>

MN Supreme Court Unanimously Rejects Democrats Effort to Kick Trump Off Ballot<http://electionlawblog.org/?p=86442>
Posted on September 12, 2016 2:03 pm<http://electionlawblog.org/?p=86442> by Rick Hasen<http://electionlawblog.org/?author=3>

You can find the unanimous opinion (with one judge not participating) here.<http://electionlawblog.org/wp-content/uploads/order-mn.pdf>

This is the right result<http://electionlawblog.org/?p=86361> under the Democracy Canon. Courts should bend over backwards to make sure that voters have a real choice on election day.

The Court based its ruling on laches (unreasonable delay in filing the lawsuit). This too is correct; in election cases, people should not have an option to see an election violation and then just wait until it is to their advantage to file suit. I make that case in Beyond the Margin of Litigation. <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=698201>

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Posted in campaigns<http://electionlawblog.org/?cat=59>, election administration<http://electionlawblog.org/?cat=18>

“Secretary of state learns of online data issue from opponent”<http://electionlawblog.org/?p=86440>
Posted on September 12, 2016 12:03 pm<http://electionlawblog.org/?p=86440> by Rick Hasen<http://electionlawblog.org/?author=3>

KING5:<http://www.king5.com/news/politics/secretary-of-state-learns-of-online-data-issue-from-opponent/316241929>

A design flaw in Washington’s online voting tool, MyVote, exposed some voter information that should not have accessible. The secretary of state’s office says the glitch has since been fixed.

But, in an election year twist, the Democratic candidate for secretary of state, Tina Podlodowski, alerted the state’s cyber security office to the problem.

Podlodowski is challenging incumbent Secretary of State Kim Wyman, a Republican.
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Posted in election administration<http://electionlawblog.org/?cat=18>

Democrats File Reply in OH “Golden Week” Case at #SCOTUS<http://electionlawblog.org/?p=86438>
Posted on September 12, 2016 11:26 am<http://electionlawblog.org/?p=86438> by Rick Hasen<http://electionlawblog.org/?author=3>

You can find it here<https://assets.documentcloud.org/documents/3106035/16A223-Ohio-Dems-Reply.pdf> (via Chris Geidner<https://twitter.com/chrisgeidner/status/775399622353248256>).

I expect we will hear something from the Court in the next few days.
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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>

--
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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