[EL] ELB News and Commentary 9/28/16

Wed Sep 28 08:32:31 PDT 2016

“If Your Vote Doesn’t Really Count, Is There Anything You Can Do?”<http://electionlawblog.org/?p=86937>
Posted on September 28, 2016 8:27 am<http://electionlawblog.org/?p=86937> by Rick Hasen<http://electionlawblog.org/?author=3>

I did a Q & A with Toni Monkovic of NYT’s The UpShot<http://www.nytimes.com/2016/09/29/upshot/if-your-vote-doesnt-really-count-is-there-anything-you-can-do.html?ref=politics&_r=0> on questions about vote buying, vote trading, student voting, and choosing to vote in a battleground state.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>

“Are U.S. elections ‘rigged?’ Here’s how to help voters believe that they’re not.”<http://electionlawblog.org/?p=86935>
Posted on September 28, 2016 8:21 am<http://electionlawblog.org/?p=86935> by Rick Hasen<http://electionlawblog.org/?author=3>

Mike Alvarez, Lonna Rae Atkeson and Thad Hall at the Monkey Cage.<https://www.washingtonpost.com/news/monkey-cage/wp/2016/09/28/are-u-s-elections-rigged-heres-how-to-help-voters-feel-confident-that-theyre-not/>

So what should election officials do this November?

Take these simple, evidence-based steps:

1.      Train poll workers to do the job consistently and effectively. How voters and poll workers interact has a profound influence on voter confidence. And poll workers who understand their important role perform their jobs better.

2.      Improve transparency. Election offices can do a number of things. For instance, they should make sure their website is user-friendly and easy to navigate. Or they could install webcams so that citizens can observe vote counting and other processes in the central election office.

3.      Report timely, accurate data at the precinct level, disaggregated by voting mode (i.e., in-person or absentee). Election “geeks” need accurate and disaggregated data for their analyses. That’s standard for identifying possible voting problems.

4.      Audit election practices throughout the election. Post-election ballot audits can offer evidence that election results have integrity. Respond to problems promptly and actively. Track complaints and problems on social media and other tools, and respond quickly.
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Posted in election administration<http://electionlawblog.org/?cat=18>

“Secret Money Floods Judicial Elections”<http://electionlawblog.org/?p=86931>
Posted on September 28, 2016 8:01 am<http://electionlawblog.org/?p=86931> by Rick Hasen<http://electionlawblog.org/?author=3>

TAP<http://prospect.org/article/secret-money-floods-judicial-elections>:

John Paul Stevens called it right. Dissenting<https://www.supremecourt.gov/opinions/09pdf/08-205.pdf> in 2010 from the Supreme Court’s notorious Citizens United ruling to overturn limits on big spending in campaigns, the now-retired Supreme Court justice warned that the decision’s toxic implications would extend beyond ordinary political contests to the elections that fill powerful state supreme court seats.

Discomfiting figures from the latest round of state judicial races bear out that grim forecast. Of the 39 states that hold judicial elections, 27 feature supreme court races this November, and the money is flowing freely.

The same seamy money game that defines races for political office post-Citizens United—unlimited spending by special interests and barrels of secret money—has also invaded contests for the courthouse. It is an alarming development. And it is getting steadily worse.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, judicial elections<http://electionlawblog.org/?cat=19>

“Secret Money to Boost Trump”<http://electionlawblog.org/?p=86929>
Posted on September 28, 2016 7:59 am<http://electionlawblog.org/?p=86929> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico:<http://www.politico.com/story/2016/09/secret-money-to-boost-trump-228817>

One of the top funders of the #NeverTrump movement is now using his name and connections to raise big money to help elect Donald Trump, but he’s telling fellow mega-donors that they can write huge checks without having their names disclosed.

Todd Ricketts, whose family owns the Chicago Cubs, has raised $30 million for a pair of pro-Trump groups and has discussed a $70 million goal before Election Day, according to three Republican fundraisers familiar with the effort.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, tax law and election law<http://electionlawblog.org/?cat=22>

“Trump campaign says $18 million windfall followed Monday’s debate”<http://electionlawblog.org/?p=86924>
Posted on September 27, 2016 9:05 pm<http://electionlawblog.org/?p=86924> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo reports.<https://www.washingtonpost.com/news/post-politics/wp/2016/09/27/trump-campaign-says-18-million-windfall-followed-mondays-debate/>

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

“Homeless coalitions appeal to entire federal Sixth Circuit Court of Appeals in challenge to Ohio’s perfect-form requirements for absentee and provisional ballots”<http://electionlawblog.org/?p=86918>
Posted on September 27, 2016 8:48 pm<http://electionlawblog.org/?p=86918> by Rick Hasen<http://electionlawblog.org/?author=3>

Release<http://electionlawblog.org/wp-content/uploads/2016-09-27-NEOCH-v.-Husted-et-al-en-banc-petition-media-press-release.pdf>:

Today, the Northeast Ohio Coalition for the Homeless, Columbus Coalition for the Homeless, joined by the Ohio Democratic Party, plaintiffs in a voting-°©‐‑rights lawsuit  Ohio Secretary of State Jon Husted and Ohio Attorney General Michael DeWine, sought to have all fifteen judges of the U.S. Court of Appeals for the Sixth Circuit hear their challenge against Ohio voting laws known as S.B. 205 and S.B. 216. The laws require throwing out absentee and provisional ballots on trivial technical errors on ballot forms even—where elections boards do not otherwise question voters’ identity and eligibility.

Update: The plaintiffs have also moved to recuse<http://electionlawblog.org/wp-content/uploads/2016-09-27-Doc.-66-NEOCH-motion-for-Judge-Batchelder-to-recuse.pdf> Judge Batchelder.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Super Pacs fuel election negativity”<http://electionlawblog.org/?p=86916>
Posted on September 27, 2016 8:41 pm<http://electionlawblog.org/?p=86916> by Rick Hasen<http://electionlawblog.org/?author=3>

New Mexico in Depth reports.<http://nmindepth.com/2016/09/27/super-pacs-fuel-election-negativity/>

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

“D.C. Circuit Decision Limiting Political Ad Disclosure Will Stand”<http://electionlawblog.org/?p=86914>
Posted on September 27, 2016 6:14 pm<http://electionlawblog.org/?p=86914> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg BNA:<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=97975734&vname=mpebulallissues&jd=a0k1v6w5t3&split=0>
A federal appellate panel ruling that limits disclosure requirements for groups sponsoring political ads will stand, as the full U.S. Court of Appeals for the District of Columbia Circuit said it will not review the panel’s ruling (Van Hollen v. Federal Election Commission<http://www.bloomberglaw.com/public/document/Christopher_Van_Hollen_Jr_v_FEC_Docket_No_1505016_DC_Cir_Jan_22_2/2>, D.C. Cir., No. 15-5017, petition for en banc rehearing denied 9/26/16).
A brief order issued Sept. 26 said a majority of eligible D.C. Circuit judges “did not vote in favor of the petition” for a full court en banc rehearing in a case brought by Rep. Chris Van Hollen (D-Md.).
The long-running litigation challenged as too lax current FEC disclosure rules for “electioneering communications”—targeted television and radio ads that refer to a federal candidate in the final weeks before an election. The FEC rules in most circumstances don’t require disclosure of those funding such ads.
The appeals court’s denial of en banc rehearing came six months after a three-judge panel of the D.C. Circuit issued a ruling that contended a broader FEC disclosure rule would violate free speech rights (4209 Money & Politics Report, 3/7/16<http://news.bna.com/mpdm/display/link_res.adp?fedfid=97975734&fname=a0h9z4n3z8&vname=mpebulallissues>). The panel acknowledged previous court decisions supporting disclosure but suggested such rulings conflicted with other precedents giving broad First Amendment protection to political speech….
The appellate panel that upheld the FEC rule was composed of three of the D.C. Circuit appeals court’s most conservative judges, who have previously ruled against campaign finance regulation: Janice Rogers Brown, Raymond Randolph and David Sentelle.
Chief Judge Garland (in #SCOTUS nomination purgatory) did not participate<https://www.bloomberglaw.com/iframe/document/X1Q6NOQ6THO2/download?blaw_go=false&bulk_ordering=true&display_context=http&disposition=attachment&doc_container=content_document&fmt=pdf&rails=yes&root_url=https%3A%2F%2Fwww.bloomberglaw.com%2F&show_entries_filter=false&summary=yes&web_base_url=%2Fdocument> in the en banc vote.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

Dems Ready to Cave on Campaign Finance Disclosure to Get Aid to Flint<http://electionlawblog.org/?p=86912>
Posted on September 27, 2016 4:36 pm<http://electionlawblog.org/?p=86912> by Rick Hasen<http://electionlawblog.org/?author=3>

Roll Call:<http://www.rollcall.com/news/policy/senate-democrats-might-trade-campaign-finance-restrictions-flint-money?utm_content=buffer7bee4&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer>

Earlier Tuesday, Senate Democrats signaled possible concessions to ensure that aid to Flint is signed into law. Lawmakers said they might drop opposition to including a campaign finance reporting provision they oppose in the CR.

Republicans insist that since the language blocking a Securities and Exchange commission rule on political giving by corporations is an extension of current law, it is not a bargaining chip per se. But Minority Leader Harry Reid of Nevada has been particularly vocal about opposition to the language.

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

“Suit Accuses Alabama of Bias in Law That Bars Some Felons From Voting”<http://electionlawblog.org/?p=86910>
Posted on September 27, 2016 3:34 pm<http://electionlawblog.org/?p=86910> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT<http://www.nytimes.com/2016/09/27/us/suit-alabama-bias-felons-voting.html> reports.
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Posted in felon voting<http://electionlawblog.org/?cat=66>

New Bob Stern Podcast on the November Election<http://electionlawblog.org/?p=86908>
Posted on September 27, 2016 3:32 pm<http://electionlawblog.org/?p=86908> by Rick Hasen<http://electionlawblog.org/?author=3>

He’s teaching a UCLA extension class, and you can listen to an edited version of the first class at this link<https://soundcloud.com/ucla-extension/the-november-election-1>.

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

More on the Ruling on Election Day Registration in Illinois<http://electionlawblog.org/?p=86902>
Posted on September 27, 2016 3:08 pm<http://electionlawblog.org/?p=86902> by Rick Hasen<http://electionlawblog.org/?author=3>

Here<http://electionlawblog.org/wp-content/uploads/2016-09-27-Memorandum-Opinion-16-C-7832.pdf>.[corrected]

Although Think Progress criticizes the ruling,<https://thinkprogress.org/illinois-reg-lawsuit-injunction-4c27157426a6#.mzgwggnuo> I tentatively think it is right on the merits for reasons I expressed in When is Uniformity of People, Not Counties, Appropriate in Election Administration? The Cases of Early and Sunday Voting”<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2497192>, 2015 University of Chicago Legal Forum 193 (2015).

But perhaps the ACLU is right that the proper remedy is to expand EDR to all the counties in Illinois.

Aside from the merits, the question is whether this ruling comes too late. The judge seems blissfully unaware of the Purcell Principle<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2545676>.

This case is a great one for testing how committed liberals are to equal protection when the ones hurt are rural Republican voters.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter registration<http://electionlawblog.org/?cat=37>

Unanimous 11th Circuit Panel Upholds Alabama’s PAC-to-PAC Transfer Ban on Anti-Corruption Grounds<http://electionlawblog.org/?p=86900>
Posted on September 27, 2016 2:49 pm<http://electionlawblog.org/?p=86900> by Rick Hasen<http://electionlawblog.org/?author=3>

The Alabama Democratic Conference, et al v. Attorney General, State of Alabama, et al<http://media.ca11.uscourts.gov/opinions/pub/files/201513920.pdf>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

#TrumpWon Hashtag May Have Originated in Russia<http://electionlawblog.org/?p=86898>
Posted on September 27, 2016 2:41 pm<http://electionlawblog.org/?p=86898> by Rick Hasen<http://electionlawblog.org/?author=3>

Will love to see<https://twitter.com/DustinGiebel/status/780814613021548544> if this pans out.

Well it looks like this has NOT panned out.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Judge’s ruling reduces Election Day registration in Illinois”<http://electionlawblog.org/?p=86896>
Posted on September 27, 2016 8:49 am<http://electionlawblog.org/?p=86896> by Rick Hasen<http://electionlawblog.org/?author=3>

AP<https://www.washingtonpost.com/politics/judges-ruling-reduces-election-day-registration-in-illinois/2016/09/27/13c8e400-84c8-11e6-b57d-dd49277af02f_story.html>:

A federal judge has scaled back Election Day voter registration for highly populated areas in Illinois, a decision that sides Republicans who claimed in a lawsuit that last year’s extension of same-day registration is unconstitutional.

Judge Samuel Der-Yeghiayan’s (dehr-YAY’-gehnz) move on Tuesday temporarily blocks wider same-day registration lawmakers put into effect in 2015.

Voters will still be able to register on Nov. 8, just not at individual polling places.
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Posted in 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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