[EL] ELB News and Commentary 9/30/16

Fri Sep 30 07:46:48 PDT 2016

“So Just Who Are These Undecided Voters?”<http://electionlawblog.org/?p=87038>
Posted on September 30, 2016 7:43 am<http://electionlawblog.org/?p=87038> by Rick Hasen<http://electionlawblog.org/?author=3>

Lynn Vavreck<http://www.nytimes.com/2016/10/01/upshot/so-just-who-are-these-undecided-voters.html?ref=politics> for NYT’s The UpShot:

These descriptive differences are negligible compared with differences relating to politics and policy. The YouGov data reveal that undecided voters are much less likely to have positions on issues driving the campaign. On the question of whether the United States should build a wall on its border with Mexico, a position central to Mr. Trump’s campaign for over a year, 28 percent of undecided voters are not sure whether they support or oppose this idea. That’s in contrast to only 7 percent of Mr. Trump’s committed voters (and 11 percent of Mrs. Clinton’s).

Similarly, undecided voters are roughly twice as likely to be unsure whether the minimum wage should be raised or whether college should be free.

The RAND data underscore this indecision. Seventeen percent of undecided registered voters are not sure whether they have a favorable or unfavorable view of the Republican Party (relative to 3 percent of Trump supporters and 13 percent of Clinton supporters). Similarly, 17 percent are unsure about their rating of the Democratic Party. Even on favorability ratings of the president, undecided voters are three times as likely as supporters of either major party candidate to say they “don’t know” how to rate him.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, voting<http://electionlawblog.org/?cat=31>

“Here comes the Republican Senate super PAC blitz”<http://electionlawblog.org/?p=87036>
Posted on September 30, 2016 7:38 am<http://electionlawblog.org/?p=87036> by Rick Hasen<http://electionlawblog.org/?author=3>

Matea Gold<https://www.washingtonpost.com/news/post-politics/wp/2016/09/30/here-comes-the-republican-senate-super-pac-blitz/>:

The Republicans’ central Senate super PAC is plowing $21 million more into six key races in the coming weeks as the fight for control of the chamber moves to states more hospitable to GOP candidates<https://www.washingtonpost.com/news/powerpost/wp/2016/09/25/democratic-hopes-of-winning-senate-fade-as-trump-proves-less-toxic-for-republicans/>.

The Senate Leadership Fund, a super PAC that is part of the American Crossroads suite of GOP big-money groups, is expanding its television buys in New Hampshire, North Carolina, Indiana, Missouri, Nevada and Pennsylvania, officials told The Washington Post. At the same time, the group is cutting back most of its planned spending in Ohio, where incumbent Republican Sen. Rob Portman has widened his lead over former governor Ted Strickland.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

Prawfs Election Symposium<http://electionlawblog.org/?p=87034>
Posted on September 30, 2016 7:33 am<http://electionlawblog.org/?p=87034> by Rick Hasen<http://electionlawblog.org/?author=3>

Check it out<http://prawfsblawg.blogs.com/prawfsblawg/2016/09/upcoming-rotations.html>:

Forr October, we are going to try something different with our guest slate. With the election looming, we decided to do a month-long symposium, with expert guests writing about the election, election law, and related issues, such as what might happen after the election and in the new administration. I am happy to introduce  Josh Douglas<http://law.uky.edu/directory/joshua-a-douglas>(Kentucky), Ned Foley<http://moritzlaw.osu.edu/faculty/professor/edward-b-foley/> (Ohio State-Moritz), Lisa Manheim<https://www.law.washington.edu/directory/Profile.aspx?ID=603> (Washington),Michael Morley<https://www.barry.edu/law/future-students/faculty/staff/mmorley.html> (Barry), Bertrall Ross<http://haasinstitute.berkeley.edu/bertrall-ross> (Berkeley)  and Franita Tolson<http://www.law.fsu.edu/our-faculty/profiles/tolson> (Florida State). They will be with us for October and perhaps through to the election in early November.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Trump, Piggybacking Off Right Wing Claims that U.S. Rushing Citizenship Applications, Says Clinton Helped Machado<http://electionlawblog.org/?p=87032>
Posted on September 30, 2016 7:28 am<http://electionlawblog.org/?p=87032> by Rick Hasen<http://electionlawblog.org/?author=3>

Greg Sargent<https://www.washingtonpost.com/blogs/plum-line/wp/2016/09/30/trumps-disgusting-tweet-about-alicia-machado-got-one-thing-right-it-isnt-what-he-thinks/?utm_term=.b2016d9ca226>:

The “sex tape” angle here is sucking up all the attention. (Apparently, sex sells.) That appears to be a reference to reports<https://www.thesun.co.uk/news/1875985/alicia-machado-live-sex-the-farm/> about a steamy love scene that Machado filmed in 2005, though without further clarification, it’s hard to know for sure. As for her “past,” the Daily Beast recently ran through some of the more lurid allegations from during her days as a Venezuelan celebrity right here<http://www.thedailybeast.com/articles/2016/09/28/the-race-to-smear-miss-universe-alicia-machado-as-a-bloodthirsty-drug-lord-loving-porn-star.html>.

But all that is less interesting and revealing — no, really — than is Trump’s suggestion that Clinton helped Machado become a U.S. citizen so she could become a prop for Clinton at the debate.

It turns out that Trump is right in one sense. But it isn’t quite how he thinks.

Machado did in fact become a U.S. citizen in order to increase her influence over this presidential contest. She did so apparently to vote against Donald Trump, because she sees this as an an enormously consequential election….

What Trump’s tweet really says is that Machado’s effort to secure the vote for herself is suspect, because Clinton may have helped smooth that process, to Clinton’s own benefit. This is a version of the longtime charge that Democrats only want to create a path to citizenship for Latino immigrants in order to pad the voter rolls in their favor, and surely this will thrill Trumpist voters who are very upset about the ways the country is rigged in favor of various minority groups<https://www.washingtonpost.com/blogs/plum-line/wp/2016/03/23/why-trump-is-winning-his-supporters-think-america-is-screwing-over-whites/>.

But the merits of that argument aside, it is politically awful for Trump — given his need to expand his appeal — to be questioning this effort at political integration by a former Latina beauty queen who is publicly urging more Latinos to participate in the election and is publicly declaring her pride at becoming a U.S. citizen who can now exercise her right to vote.
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Posted in campaigns<http://electionlawblog.org/?cat=59>

“Textualism and Stare Decisis”<http://electionlawblog.org/?p=87030>
Posted on September 30, 2016 7:14 am<http://electionlawblog.org/?p=87030> by Rick Hasen<http://electionlawblog.org/?author=3>

New from Anita Krishnakumar<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2724077>:

On the surface, textualism and the doctrine of statutory stare decisis seem to have much in common — both are rule-bound and emphasize predictability and stability in the law, legislative supremacy, the need to limit judicial discretion, and the need to preserve the legitimacy of the Court as an institution. Yet, in practice, textualist jurists — at least at the Supreme Court level — have proved quite willing to abandon statutory stare decisis and to argue in favor of overruling established statutory precedents. Why? This paper advances a twofold thesis. First, it argues that textualism suffers from a “correct answer” mindset, which makes it especially difficult for its proponents to accept the idea that an incorrect statutory interpretation should be left in place simply because it was first in time. While others have noted that this tension between accuracy and stare decisis poses problems for textualists, they have tended to brush it off as a tension that also affects other interpretive theories and to insist that textualism can and does give way to statutory stare decisis as a matter of necessity. Second, and more importantly, this paper argues that textualist jurists tend to view statutory precedents that create a test for implementing a statute as different from more ordinary parsing-the-text statutory interpretation. That is, textualist jurists regard implementation-test precedents as akin to common law decision-making, rather than statutory interpretation—and seem to have created a de facto “implementation test” exception to the heightened stare decisis protection typically afforded to statutory precedents.

The paper begins by providing several examples of cases in which textualist Justices on the U.S. Supreme Court have rejected statutory stare decisis and voted to overturn a statutory precedent. The argument is largely descriptive but has significant theoretical and normative implications. In particular, the implementation-test insight suggests a new and previously unexplored explanation for the judicial treatment of congressional overrides and the shadow precedent phenomenon that some scholars have observed. The distinction between implementation tests and text-parsing statutory construction also highlights important and underappreciated differences between textualist and purposivist visions of the judicial role in statutory interpretation. In the end, the paper both supports and critiques the implementation test exception to statutory stare decisis. It argues that the Supreme Court should be free to reexamine implementation tests that have been criticized by lower courts as confusing or unworkable in practice. But for separation of powers reasons, and in order to preserve stability and predictability, the Court should limit this implementation test exception to only those contexts in which substantial lower court criticism is present.
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Posted in legislation and legislatures<http://electionlawblog.org/?cat=27>, statutory interpretation<http://electionlawblog.org/?cat=21>, Supreme Court<http://electionlawblog.org/?cat=29>

The “Turkish Murderer” That True the Vote is Fundraising Around? A U.S. Citizen<http://electionlawblog.org/?p=87028>
Posted on September 30, 2016 7:09 am<http://electionlawblog.org/?p=87028> by Rick Hasen<http://electionlawblog.org/?author=3>

Yesterday I reported<http://electionlawblog.org/?p=86992> that True the Vote was fundraising off the alleged Cascade Mall shooter, claiming that the “Turkish murderer” was not a U.S. citizen but voted in multiple elections.

Well it turns out, contrary to earlier reports, that the shooter WAS a U.S. citizen. King5<http://www.king5.com/news/local/investigators-may-probe-cascade-mall-suspects-citizenship-status-voting-record/327490798>: “On Thursday, a federal official told KING that further investigation revealed that Cetin is a naturalized U.S. citizen. That means he was legally registered to vote. KING’s initial story on Sept. 28 questioned state officials about how Cetin could register and vote without being a citizen.”

I’m sure True the Vote will issue a correction.
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Posted in chicanery<http://electionlawblog.org/?cat=12>

Bipartisan Congressional Front to Protect U.S. Election Systems<http://electionlawblog.org/?p=87026>
Posted on September 30, 2016 7:03 am<http://electionlawblog.org/?p=87026> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico:<http://www.politico.com/story/2016/09/cyberattack-elections-states-congress-228890>

Congressional leaders are urging states to do everything they can to insulate their election systems from cyber attacks amid reports that more than a dozen states have already been targeted by hackers.

“We urge the states to take full advantage of the robust public and private sector resources available to them to ensure that their network infrastructure is secure from attack,” House Speaker Paul Ryan, House Minority Leader Nancy Pelosi, Senate Majority Leader Mitch McConnell and Senate Minority Leader Harry Reid wrote Wednesday<http://www.politico.com/f/?id=00000157-7606-d0b2-a35f-7e1f2aac0001>.

The bipartisan letter follows reports that more than a dozen states’ voter registration rolls have been targeted by hackers, according to CNN,<http://www.cnn.com/2016/09/28/politics/fbi-james-comey-election-cyberattacks/index.html> including successful hacks in Illinois and Arizona.

I guess Ohio SOS Husted doesn’t care <http://electionlawblog.org/?p=87008> about the danger.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>

“How Democrats Stopped Worrying and Learned to Love Big Donor Money”<http://electionlawblog.org/?p=87024>
Posted on September 30, 2016 7:01 am<http://electionlawblog.org/?p=87024> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT:<http://www.nytimes.com/2016/10/01/us/politics/democrat-fund-raising-money.html>

More than two-thirds of the Democrats’ cash went to a dozen presidential battlegrounds critical to any Clinton victory. The biggest beneficiaries were Florida, which has taken in close to $3.5 million, and Pennsylvania and Ohio, which have each received more than $2 million.

In each of those states, the funds from the national party have made a difference, erasing deficits in federal contributions against the respective Republican state parties.

The money followed a legal but circuitous route turbocharged by the 2014 ruling inMcCutcheon v. Federal Election Commission<http://www.nytimes.com/2013/10/09/us/politics/supreme-court-weighs-campaign-contribution-limits.html>, which struck down Watergate-era limits on the combined amount one person could donate to all federal candidates<http://www.fec.gov/law/litigation/McCutcheon.shtml> and parties in an election cycle.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“Ohio, Long a Bellwether, Is Fading on the Electoral Map”<http://electionlawblog.org/?p=87022>
Posted on September 29, 2016 9:05 pm<http://electionlawblog.org/?p=87022> by Rick Hasen<http://electionlawblog.org/?author=3>

Fascinating Jonathan Martin read<http://www.nytimes.com/2016/09/30/us/politics/ohio-campaign-trump-clinton.html?ref=politics> for the NYT.
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Posted in campaigns<http://electionlawblog.org/?cat=59>

“Trump Foundation lacks the certification required for charities that solicit money”<http://electionlawblog.org/?p=87020>
Posted on September 29, 2016 8:59 pm<http://electionlawblog.org/?p=87020> by Rick Hasen<http://electionlawblog.org/?author=3>

Another Fahrenthold special.<https://www.washingtonpost.com/politics/trump-foundation-lacks-the-certification-required-for-charities-that-solicit-money/2016/09/29/7dac6a68-8658-11e6-ac72-a29979381495_story.html>
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Posted in campaigns<http://electionlawblog.org/?cat=59>

“California is removing all limits on who can drop off your ballot on election day”<http://electionlawblog.org/?p=87018>
Posted on September 29, 2016 8:56 pm<http://electionlawblog.org/?p=87018> by Rick Hasen<http://electionlawblog.org/?author=3>

LAT reports.<http://www.latimes.com/politics/essential/la-pol-sac-essential-politics-updates-california-is-removing-all-limits-on-1475189400-htmlstory.html>
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Posted in election administration<http://electionlawblog.org/?cat=18>

“What Clinton and Trump Should Do After the Election”<http://electionlawblog.org/?p=87016>
Posted on September 29, 2016 8:45 pm<http://electionlawblog.org/?p=87016> by Rick Hasen<http://electionlawblog.org/?author=3>

Amy Davidson for the New Yorker:<http://www.newyorker.com/news/amy-davidson/what-clinton-and-trump-should-do-after-the-election>

As with so much of the ugliness during this election season, that line of thinking did not originate with Trump but with the Republican establishment, which has spent years pushing the myth of voter fraud as an excuse for coming up with ways to make it harder for minorities and poor people to cast their ballots—stringent voter-I.D. laws, fewer polling stations, a shorter voting window. As has frequently been observed in this campaign, Trump shouts where others whisper, but the message is the same. The volume accentuates the atmosphere of crisis and alarm; the message is of a country being stolen away. This is one of the many reasons a demagogue is dangerous and a sensible, grounding question like the one Holt posed is so valuable. Trump might not stick to his answer, but, in terms of introducing at least a whiff of sanity to this electoral affair, having it on the record is a start. And it should serve notice to Republican leaders, such as Paul Ryan, about the choices they might have to make after the election. Trump can do a great deal of damage to the polity even if he loses, and the G.O.P. will have to decide whether to abet him.
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Posted in election administration<http://electionlawblog.org/?cat=18>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

” He fought in World War II. He died in 2014. And he just registered to vote in Va.”<http://electionlawblog.org/?p=87014>
Posted on September 29, 2016 8:42 pm<http://electionlawblog.org/?p=87014> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/local/virginia-politics/he-fought-in-world-war-ii-he-died-in-2014-and-he-just-registered-to-vote-in-va/2016/09/29/5e0bffee-8670-11e6-ac72-a29979381495_story.html>

The FBI and local police are investigating how at least 19 dead Virginians were recently re-registered to vote in this critical swing state.

One case came to light after relatives of a deceased man received a note congratulating him for registering, Rockingham County Commonwealth’s Attorney Marsha Garst said Thursday….

All 19 were initially registered as voters in the Shenandoah Valley city of Harrisonburg, although a clerk double-checking the entries later raised questions about one. She recognized the name of Richard Allen Claybrook Sr., who died in 2014 at age 87, because his son is a well-known local judge. She happened to recall that the judge’s father had died….

All of the forms had been submitted by a private group that was working to register voters on the campus of James Madison University, according to the Harrisonburg registrar’s office. The group was not identified. No charges have been filed.

My guess is someone was paid to register voters, and took the lazy way out by using death notices to “find” new voters. This generally does not lead to any fraudulently cast ballots. And good that it was caught.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>

Kobach, Living in FantasyLand, Calls ACLU’s Voting Rights Claims Against Him “Weak at Best”<http://electionlawblog.org/?p=87012>
Posted on September 29, 2016 8:34 pm<http://electionlawblog.org/?p=87012> by Rick Hasen<http://electionlawblog.org/?author=3>

I guess that’s why<http://www.kansas.com/news/politics-government/election/article104895051.html> he’s lost 3-0 in this round of his attempt to make it harder to register and vote in Kansas. he’s lost 3-0 to them so far in this round of his trying to make it harder to register and vote in Kansas.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Did a federal judge accuse his colleagues of letting their ‘racist attitude’ control the outcome of a case?”<http://electionlawblog.org/?p=87010>
Posted on September 29, 2016 8:25 pm<http://electionlawblog.org/?p=87010> by Rick Hasen<http://electionlawblog.org/?author=3>

Jonathan Adler:<https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/09/29/did-a-federal-judge-accuse-his-colleagues-of-letting-their-racist-attitude-control-the-outcome-of-a-case/?utm_term=.aae71aea8b26>

In an interview with Mark Joseph Stern of Slate<http://www.slate.com/articles/news_and_politics/jurisprudence/2016/09/circuit_court_judge_damon_keith_on_his_voting_rights_dissent.html>, Senior Circuit Judge Damon Keith of the U.S. Court of Appeals for the 6th Circuit appears to accuse two of his colleagues of having “racist attitude[s].” Specifically, Keith suggests that this attitude explains why a three-judge panel rejected a recent challenge to changes in Ohio election laws in Northeast Ohio Coalition for the Homeless v. Husted<http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0231p-06.pdf>, a case in which Keith wrote a lengthy and impassioned dissent….

From my read of this section, it seems that Keith is accusing the panel majority — i.e. Judge John Rogers and Judge Danny Boggs — of harboring a “racist attitude” and that this attitude explains their decision in the case. While it is possible that Keith was making a more generic reference to the majority in the state or the nation, that seems unlikely given the question focused on his dissent in this case and that it was his dissent that apparently prompted the interview in the first place….

The timing of Keith’s remarks are also interesting. Earlier this week, NEOCH filed for en banc<http://electionlawblog.org/wp-content/uploads/2016-09-27-NEOCH-v.-Husted-et-al-en-banc-petition-media-press-release.pdf>review of the decision and simultaneously moved to recuse<http://electionlawblog.org/?p=86918> one of the court’s judges, Alice Batchelder. Might the state respond with a motion to recuse Keith? Given his comments, such a motion would not surprise.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

Ohio SOS Husted Worried Feds Will Intrude Too Much in State Elections in Stopping Foreign Cyber Attacks<http://electionlawblog.org/?p=87008>
Posted on September 29, 2016 5:05 pm<http://electionlawblog.org/?p=87008> by Rick Hasen<http://electionlawblog.org/?author=3>

Really. <http://www.cleveland.com/open/index.ssf/2016/09/secretary_of_state_jon_husted_13.html> He cares more about a turf war than about keeping our voting system secure.
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Posted in election administration<http://electionlawblog.org/?cat=18>

I’m Not a Doctor, But I Play One in My Campaign Ads<http://electionlawblog.org/?p=87006>
Posted on September 29, 2016 5:04 pm<http://electionlawblog.org/?p=87006> by Rick Hasen<http://electionlawblog.org/?author=3>

News<http://www.sandiegoreader.com/news/2016/sep/29/ticker-paul-gaspar-not-medical-doctor/> from Encinitas, CA.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“California Takes Major Step Toward Citizen-Funded Elections”<http://electionlawblog.org/?p=87003>
Posted on September 29, 2016 2:58 pm<http://electionlawblog.org/?p=87003> by Rick Hasen<http://electionlawblog.org/?author=3>

Release<http://www.commoncause.org/press/press-releases/california-takes-major-step-toward-citizen-funded-elections.html>:

Today, Governor Jerry Brown signed legislation to give citizens a greater voice in California’s democracy. With the U.S. Congress gridlocked, California is leading a wave of pro-democratic reforms passed at the state and local level across the country. Senate Bill 1107, by Sen. Ben Allen, D-Santa Monica, gives local governments and the state the choice to enact citizen-funded election programs. California Common Cause sponsored the bill with the California Clean Money Campaign.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87003&title=%E2%80%9CCalifornia%20Takes%20Major%20Step%20Toward%20Citizen-Funded%20Elections%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Voting Rights and Voting Wrongs” Panel Audio from Texas Tribune Festival Now Available<http://electionlawblog.org/?p=87000>
Posted on September 29, 2016 2:34 pm<http://electionlawblog.org/?p=87000> by Rick Hasen<http://electionlawblog.org/?author=3>

Brian Rosenthal, Austin bureau reporter for the Houston Chronicle, moderated the “Voting Rights and Wrongs” panel featuring Richard Hasen, Todd Hunter, Celia Israel and Poncho Nevárez at The Texas Tribune Festival on Sept. 24, 2016.

Listen.<https://soundcloud.com/texas-tribune-festival/session-6-voting-rights-and-voting-wrongs>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87000&title=%E2%80%9CVoting%20Rights%20and%20Voting%20Wrongs%E2%80%9D%20Panel%20Audio%20from%20Texas%20Tribune%20Festival%20Now%20Available&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Wisconsin lawmakers urge investigation of Scott Walker after ‘John Doe’ papers”<http://electionlawblog.org/?p=86998>
Posted on September 29, 2016 2:01 pm<http://electionlawblog.org/?p=86998> by Rick Hasen<http://electionlawblog.org/?author=3>

Guardian:<https://www.theguardian.com/us-news/2016/sep/29/scott-walker-investigation-wisconsin-lawmakers-john-doe-papers>

Nineteen Wisconsin legislators have called for an official investigation into alleged criminal misconduct by the Republican governor Scott Walker, based on their review of court documents leaked to the Guardian<http://www.theguardian.com/us-news/ng-interactive/2016/sep/14/john-doe-files-scott-walker-corporate-cash-american-politics>.

The legislators, who represent more than half of the Democratic group within the state assembly, have written to the prosecutor<http://www.thewheelerreport.com/wheeler_docs/files/0929taylor.pdf> for Dane County, which covers the state capital Madison as well as Walker’s home residence.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86998&title=%E2%80%9CWisconsin%20lawmakers%20urge%20investigation%20of%20Scott%20Walker%20after%20%E2%80%98John%20Doe%E2%80%99%20papers%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>

WI “DMV gives wrong information on voter ID”<http://electionlawblog.org/?p=86996>
Posted on September 29, 2016 1:21 pm<http://electionlawblog.org/?p=86996> by Rick Hasen<http://electionlawblog.org/?author=3>

Patrick Marley:<http://www.jsonline.com/story/news/politics/elections/2016/09/29/dmv-gives-wrong-information-voter-id/91283462/>

State officials told a judge last week they had trained workers to make sure people could easily get IDs for voting, but an audio recording was released Thursday of Division of Motor Vehicles employees telling a man he couldn’t get one quickly because he didn’t have a birth certificate with him.

“You don’t get anything right away,” one DMV employee said on the recording.

How IDs are handled is “up in the air right now,” said another.

The recordings were made Sept. 22, the same day Attorney General Brad Schimel filed court documents stating DMV “field staff are now trained to ensure that anyone who fills out these forms will receive a photo ID, mailed to them within six days of their application,” even if they don’t have a birth certificate.

The Nation first reported<https://www.thenation.com/article/wisconsin-is-systematically-failing-to-provide-the-photo-ids-required-to-vote-in-november/> on the recording, which was made by Molly McGrath, the national campaign coordinator with VoteRiders<http://www.voteriders.org/>, a group helping people get IDs.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86996&title=WI%20%E2%80%9CDMV%20gives%20wrong%20information%20on%20voter%20ID%E2%80%9D&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

True the Vote Fundraises Off Potential Illegal Voting by “Turkish Murderer”<http://electionlawblog.org/?p=86992>
Posted on September 29, 2016 1:19 pm<http://electionlawblog.org/?p=86992> by Rick Hasen<http://electionlawblog.org/?author=3>

[creen-shot-2016-09-29-at-1-18-22-pm]<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2016-09-29-at-1.18.22-PM.png>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86992&title=True%20the%20Vote%20Fundraises%20Off%20Potential%20Illegal%20Voting%20by%20%E2%80%9CTurkish%20Murderer%E2%80%9D&description=>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“Most Republicans Continue to Disapprove of Supreme Court”<http://electionlawblog.org/?p=86990>
Posted on September 29, 2016 11:59 am<http://electionlawblog.org/?p=86990> by Rick Hasen<http://electionlawblog.org/?author=3>

Gallup<http://www.gallup.com/poll/195902/republicans-continue-disapprove-supreme-court.aspx?g_source=supreme%20court&g_medium=search&g_campaign=tiles>:
·         67% of Republicans say the court is too liberal
·         67% of Democrats approve of the court
·         39% of Americans say court’s ideology is “about right”
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

Watch or Listen to My Q & A with Henry Weinstein on Legal Issues Affecting the 2016 Election<http://electionlawblog.org/?p=86988>
Posted on September 29, 2016 11:50 am<http://electionlawblog.org/?p=86988> by Rick Hasen<http://electionlawblog.org/?author=3>

Here.<http://www.law.uci.edu/podcast/episode20.html>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“News Analysis: Voter registration numbers soar; Social media helps break registration records”<http://electionlawblog.org/?p=86985>
Posted on September 29, 2016 10:13 am<http://electionlawblog.org/?p=86985> by Rick Hasen<http://electionlawblog.org/?author=3>

That’s the lead story in this week’s Electionline Weekly.<http://www.electionline.org/index.php/electionline-weekly>

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Posted in voter registration<http://electionlawblog.org/?cat=37>, voting<http://electionlawblog.org/?cat=31>

“Kansas’ Kris Kobach Agrees to Provide Notice to Registered Voters to Avoid Contempt Ruling”<http://electionlawblog.org/?p=86983>
Posted on September 29, 2016 10:03 am<http://electionlawblog.org/?p=86983> by Rick Hasen<http://electionlawblog.org/?author=3>

ACLU release<https://www.aclu.org/news/kansas-kris-kobach-agrees-add-thousands-eligible-voters-election-rolls-november-aclu-interim>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86983&title=%E2%80%9CKansas%E2%80%99%20Kris%20Kobach%20Agrees%20to%20Provide%20Notice%20to%20Registered%20Voters%20to%20Avoid%20Contempt%20Ruling%E2%80%9D&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Tracie Hunter sues for right to vote”<http://electionlawblog.org/?p=86981>
Posted on September 29, 2016 9:21 am<http://electionlawblog.org/?p=86981> by Rick Hasen<http://electionlawblog.org/?author=3>

Cincinnati Enquirer:<http://www.cincinnati.com/story/news/politics/blogs/2016/09/29/tracie-hunter-sues-right-vote/91263266/>

Suspended Juvenile Court Judge Tracie Hunter can’t run for office this fall, but she’s still fighting for her right to vote.

Hunter asked a federal judge Wednesday to reinstate her voting privileges, which were revoked by the Hamilton County Board of Elections because of her felony conviction for mishandling documents when she was a judge.

Hunter’s lawyers say Ohio law only bars voting by people who have been convicted of a felony and are currently incarcerated. The board of elections, based on a legal opinion from the prosecutor’s office, says Hunter’s felony conviction alone bars her from voting.

Hunter was one of the litigants in a key 6th Circuit case on the meaning of Bush v. Gore<https://electionlawblog.org/?p=29505>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86981&title=%E2%80%9CTracie%20Hunter%20sues%20for%20right%20to%20vote%E2%80%9D&description=>
Posted in voting<http://electionlawblog.org/?cat=31>

“Wisconsin Is Systematically Failing to Provide the Photo IDs Required to Vote in November”<http://electionlawblog.org/?p=86979>
Posted on September 29, 2016 8:19 am<http://electionlawblog.org/?p=86979> by Rick Hasen<http://electionlawblog.org/?author=3>

Ari Berman:<https://www.thenation.com/article/wisconsin-is-systematically-failing-to-provide-the-photo-ids-required-to-vote-in-november/>

Nine percent of registered voters in Wisconsin don’t have a valid voter-ID and many are still struggling to get the documents they need to vote in November. It appears that Wisconsin is violating multiple court orders by not promptly giving eligible citizens free IDs or certificates for voting. This is particularly concerning since early voting<http://host.madison.com/wsj/ap/state/early-voting-begins-in-madison-milwaukee/article_6f4ab162-b750-5f54-ae6b-8b8e9b7c5836.html> began this week in cities like Madison and Milwaukee and thousands of Wisconsinites are casting ballots. …

Wisconsin claims they are doing this. In a legal filing on September 22, Wisconsin Attorney General Brad Schimel cited a press release from the Department of Transportation stating, “DMV will now be issuing photo identification receipts no later than six business days from receipt of the petition application.” The Wisconsin Election Commissions issued a similar press release saying, “Free Photo ID for Voting Now Available with One Trip to DMV.” The Wisconsin Attorney General said, “DMV is carefully administering the process to ensure that anyone who is eligible for the IDPP will have a valid ID for the November general election.”

But recordings from the DMV clearly show this is not the case. Molly McGrath, the national campaign coordinate for VoteRiders<http://www.voteriders.org/>, which helps people get voter-IDs, accompanied Moore to the DMV and recorded the trip. Read this exchange between her and DMV employees:

Molly: If you initiate the petition process do you get an ID for voting?

DMV Employee 1: No, you don’t get anything.

DMV Employee 2: No, you don’t get anything right away.

Molly: Ok, so even if we start the petition process, and it takes 8 weeks, he wouldn’t be able to vote.

DMV Employee 1: Right, right, right.

DMV Employee 2: Well, I don’t know, they’re working on that. It’s kind of up in the air right now.

…Molly: I thought you could get an ID, like the sign says over there: ‘No birth certificate, no problem.’ You can get an ID to vote.

DMV Employee 3: You can. It just takes the time.

Molly: So even if we just start the petition process, he wouldn’t get anything temporarily that says you can vote?

DMV Employee 3: Nope. Nope.

Yup, softening of harsh voter id laws in theory does not mean they are actually softened in practice.<http://wisconsinlawreview.org/softening-voter-id-laws-through-litigation-is-it-enough/>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86979&title=%E2%80%9CWisconsin%20Is%20Systematically%20Failing%20to%20Provide%20the%20Photo%20IDs%20Required%20to%20Vote%20in%20November%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>

“Dems Seek Reversal on Voter Registration Hurdle”<http://electionlawblog.org/?p=86977>
Posted on September 29, 2016 8:16 am<http://electionlawblog.org/?p=86977> by Rick Hasen<http://electionlawblog.org/?author=3>

Zack Roth:<http://www.nbcnews.com/politics/elections/dems-seek-reversal-voter-registration-hurdle-n656026>

High-ranking congressional Democrats are raising more serious concerns about a move by the director of a federal voting agency that made it easier for several red states to require documentary proof of citizenship from people registering to vote.

Rep. Elijah E. Cummings, Rep. Robert A. Brady and Rep. James E. Clyburn urged the Election Assistance Commission in a letter sent Wednesday to formally rescind a change made in January to the instructions on the federal voter registration form for Kansas, Georgia and Alabama, which allowed those states to require citizenship proof….

In their letter, the Democrats lay out the following findings from the investigation they conducted into Newby’s move:

— They say Newby conducted no written analysis or cost-benefit analysis of the move, to ensure that it would result in more ineligible voters being blocked than eligible ones.

— They say that between them, Kansas, Alabama and Georgia offered just one ineligible voter to support their claim that the change was necessary to protect against illegal voting. (Arizona did not seek to have the form changed).

— They say Newby told investigators in an August hearing that he had been unaware until recently that proof of citizenship laws disproportionately impact minority voters — though there’s mountains of evidence<https://lawyerscommittee.org/wp-content/uploads/2015/07/0019.pdf> to support that conclusion.

— They say Newby told investigators that he was aware that the EAC had twice denied the states’ requests to change the form, but that he “needed to have a point of view” and did not want to “rubber stamp” past precedent.

— They say Newby told investigators that he believed the move to be legal when he carried it out, but that he’s no longer sure.

— They note that on his personal blog, Newby wrote in 2012: “No election administrator has been more in favor of closing the EAC than me.” The letter then notes that he wrote in 2014, “[T]he EAC is now a ‘was,'” thought it does not note that Newby added, “There are a lot of good people doing good work at the EAC.” The following year, he would accept a job as the agency’s executive director. The posts, the lawmakers appear to suggest, potentially raise questions about Newby’s commitment to running an effective and independent agency.
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Posted in election administration<http://electionlawblog.org/?cat=18>, Election Assistance Commission<http://electionlawblog.org/?cat=34>

--
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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