[EL] ELB News and Commentary 4/20/17

Thu Apr 20 14:47:55 PDT 2017

Under the statute, there needs to be an integrated form for application/renewal and VR --so they are both in one form-- but the VR section contains additional info and requires an attestation and signature.

Sent from my iPhone

On Apr 20, 2017, at 1:19 PM, Kevin Benson <kbenson at whitehartlaw.com<mailto:kbenson at whitehartlaw.com>> wrote:

My impression is that motor voter, 52 USC 20504, requiring the single application for a drivers license and voter registration, essentially does require the DMV to offer voter registration to anyone applying for a license, regardless of citizenship (or other eligibility issues like possessing civil rights after a felony conviction). Then it's up to the county election officials process it / determine eligibility.

I know Nevada and other states' DMVs have been threatened with litigation by various groups for using a voter registration form that is separate from the drivers license app. I believe part of the story here is that just a few months ago procedures at the DMV were changed, possibly to avoid such litigation under the NVRA.

Kevin

Sent from my iPhone.

On Apr 20, 2017, at 9:15 AM, Thessalia Merivaki <liamerivaki at gmail.com<mailto:liamerivaki at gmail.com>> wrote:

RE: Nevada and DMV's claim that federal law requires the DMV to offer applications to anyone getting a license, that cannot be true. I am a non-citizen and I have never been asked in Florida to receive a voter registration application. This is an interesting example of how the laws can be interpreted.

Thessalia Merivaki, Ph.D.

Visiting Assistant Professor
Department of History and Politics
Davis 234
University of South Florida, St. Petersburg
352-871-5260
Office Phone: 727-873-4495
http://www.usfsp.edu/hp/full-time/thessalia-merivaki/

On Thu, Apr 20, 2017 at 10:41 AM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
“Trump Inaugural Drew Big Dollars From Donors With Vested Interests”<http://electionlawblog.org/?p=92163>
Posted on April 20, 2017 7:40 am<http://electionlawblog.org/?p=92163> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2017/04/19/us/politics/trump-inauguration-sheldon-adelson-fundraising.html?ref=politics&_r=0>

The casino magnate and philanthropist Sheldon G. Adelson<http://topics.nytimes.com/top/reference/timestopics/people/a/sheldon_g_adelson/index.html?inline=nyt-per> wants some big things from the Trump administration: banning the online poker sites that compete with his luxury casinos, for example, and moving the United States Embassy in Israel to Jerusalem.

And while President Trump was not Mr. Adelson’s first choice during the Republican primary season last year, he has been generous since: The billionaire donated $5 million to the committee organizing Mr. Trump’s inauguration festivities — the largest single contribution given to any president’s inaugural committee.

Some of the country’s wealthiest Republicans and its largest corporations had similar impulses. Documents released this week<http://docquery.fec.gov/pdf/286/201704180300150286/201704180300150286.pdf> by Mr. Trump’s inaugural organizers provide a glimpse of the big-dollar frenzy of influence-seeking and peacemaking surrounding Mr. Trump’s swearing-in, which raised $107 million<https://www.nytimes.com/2017/04/18/us/politics/trump-inauguration-fundraising.html?_r=0>, twice as much money as any other inauguration.
<image001.png><https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92163&title=%E2%80%9CTrump%20Inaugural%20Drew%20Big%20Dollars%20From%20Donors%20With%20Vested%20Interests%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Nevada Secretary Of State Says 21 Noncitizens Could Have Voted For President In Her State”<http://electionlawblog.org/?p=92161>
Posted on April 20, 2017 7:38 am<http://electionlawblog.org/?p=92161> by Rick Hasen<http://electionlawblog.org/?author=3>

HuffPo:<http://www.huffingtonpost.com/entry/nevada-voter-fraud_us_58f8b952e4b070a11750a265>

Nevada’s<http://www.huffingtonpost.com/news/nevada/> Secretary of State says her office believes 21 noncitizens could have voted in the state in the 2016 election.

Secretary of State Barbara Cegavske (R) released the information<http://www.nvsos.gov/sos/Home/Components/News/News/2229/309?backlist=%2fsos%2fhome> Wednesday after she accused the state’s Department of Motor Vehicles<http://www.huffingtonpost.com/entry/nevada-voter-fraud_us_58f663b2e4b0da2ff863e0d8> last week of accepting voting applications from people who provided documents indicating they were not U.S. citizens. The DMV director responded to the letter by noting that federal law requires the department to provide applications to anyone who applies for or renews a driver’s license, and that it’s the responsibility of the Secretary of State’s office to certify the eligibility of voters.

In her Wednesday statement, Cegavske acknowledged the DMV had actually assisted her office in identifying potential illegal votes. In March the department provided a list of just over 100 people who had registered to vote while also providing evidence at the DMV they weren’t citizens.

“After determining that 21 individuals from that list voted, this information was given to investigators with the Secretary of State’s office,” said Cegavske’s office in a statement. “Based upon the information obtained to date we have evidence that three non-citizens illegally registered and voted in Clark County in the last election.”

However, the office did not provide definitive proof of voter fraud.
<image001.png><https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92161&title=%E2%80%9CNevada%20Secretary%20Of%20State%20Says%2021%20Noncitizens%20Could%20Have%20Voted%20For%20President%20In%20Her%20State%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Kobach seeks stay of judge’s order to hand over documents from Trump meeting”<http://electionlawblog.org/?p=92159>
Posted on April 20, 2017 7:35 am<http://electionlawblog.org/?p=92159> by Rick Hasen<http://electionlawblog.org/?author=3>

KC Star:<http://www.kansascity.com/news/politics-government/article145559329.html>

The organization argues that if Kobach lobbied Trump on changes to the act, it would amount to an admission that current federal law precludes him from enforcing the policy. Kobach has argued for several years that the policy prevents non-citizens from casting ballots in Kansas elections, but critics say it prevents some rightful voters from becoming registered.

Judge James O’Hara, a federal magistrate judge in Kansas City, Kan., ordered Kobach on Monday to hand over the documents.

Kobach is appealing O’Hara’s decision to U.S. District Judge Julie Robinson. He has asked O’Hara to stay his order for 14 days to allow him time to file the appeal with Robinson.

“If Judge Robinson ultimately affirms the Magistrate’s decision, the documents will be produced as Magistrate O’Hara required thereafter,” Kobach’s attorney, Garrett Roe, stated in the court filing. “It is unclear that there is any harm to the public interest therefore in a brief delay in disclosure of a few redacted portions of two documents.”

Kobach has a history of legal defeats in Robinson’s courtroom.
<image001.png><https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92159&title=%E2%80%9CKobach%20seeks%20stay%20of%20judge%E2%80%99s%20order%20to%20hand%20over%20documents%20from%20Trump%20meeting%E2%80%9D>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“Investors To Seek Political Spending Disclosure in U.S. Proxy Season”<http://electionlawblog.org/?p=92157>
Posted on April 20, 2017 7:26 am<http://electionlawblog.org/?p=92157> by Rick Hasen<http://electionlawblog.org/?author=3>

WSJ reports.<https://blogs.wsj.com/riskandcompliance/2017/04/19/investors-to-seek-political-disclosure-in-u-s-proxy-season/>
<image001.png><https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92157&title=%E2%80%9CInvestors%20To%20Seek%20Political%20Spending%20Disclosure%20in%20U.S.%20Proxy%20Season%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

NC: “Report shows Same-Day Registration enabled voter access across the board”<http://electionlawblog.org/?p=92154>
Posted on April 20, 2017 7:23 am<http://electionlawblog.org/?p=92154> by Rick Hasen<http://electionlawblog.org/?author=3>

Release:<http://www.southerncoalition.org/same-day-registration-2016/>

On April 21, the U.S. Supreme Court is slated to consider whether or not is will hear an appeal to a lower court’s ruling that found North Carolina’s 2013 voter suppression law “targeted African-American voters with almost surgical precision.” This is the fourth time the appeal has been scheduled<http://link.email.dynect.net/link.php?DynEngagement=true&H=WAA0HYy4enWklLGLVOCoftvRiKxkwcx7028A%2BNZlWSzSEaUD3cyAX%2FbWbQxIVOR7JnKj7Fjy9Ppwm14xx%2BfxGQM4jsBPQhX3iS1FELz1THHuudUey3BxHw%3D%3D&G=0&R=https%3A%2F%2Fwww.supremecourt.gov%2Fsearch.aspx%3Ffilename%3D%2Fdocketfiles%2F16-833.htm&I=20170419223720.0000002f8b0a%40mail6-33-usnbn1&X=MHwxMDQ2NzU4OjU4ZjdlNjllNDNmNWFiYzcyMjM0ZmRlZTs%3D&S=e_xf_Wgr42IZ51LhRMk0DCOF6ctp0cKOK39BYQA0Kq4> for the Court’s consideration.
 The lower court’s ruling that found the law unconstitutional required North Carolina to reinstate several voting processes for the 2016 general election including a longer early voting period and Same-Day Registration (SDR), and removed the photo ID requirement.  SDR enables North Carolina’s voting-age citizens to go to any early voting location in their county, register, and vote in one transaction.
The Southern Coalition for Social Justice released a report today analyzing the impact that Same-Day Registration had in North Carolina in the November 2016 election<http://link.email.dynect.net/link.php?DynEngagement=true&H=WAA0HYy4enWklLGLVOCoftvRiKxkwcx7028A%2BNZlWSzSEaUD3cyAX%2FbWbQxIVOR7JnKj7Fjy9Ppwm14xx%2BfxGQM4jsBPQhX3iS1FELz1THHuudUey3BxHw%3D%3D&G=0&R=http%3A%2F%2Fwww.southerncoalition.org%2Fsdr&I=20170419223720.0000002f8b0a%40mail6-33-usnbn1&X=MHwxMDQ2NzU4OjU4ZjdlNjllNDNmNWFiYzcyMjM0ZmRlZTs%3D&S=eypwBzleAn0_shEUKCo817TCM70tGmujJ6OV-Yl1m8U>. The report found that Same-Day Registration in North Carolina:
•         Was used broadly by Republican, Democratic, and Unaffiliated voters;
•         Allowed for participation from North Carolinians who move frequently;
•         Created a safety net for voters whose registration had been inadvertently removed or not processed; and
•         Provided a secure and convenient way to register eligible voters.
A PDF of the report can be found at http://www.southerncoalition.org/sdr<http://link.email.dynect.net/link.php?DynEngagement=true&H=WAA0HYy4enWklLGLVOCoftvRiKxkwcx7028A%2BNZlWSzSEaUD3cyAX%2FbWbQxIVOR7JnKj7Fjy9Ppwm14xx%2BfxGQM4jsBPQhX3iS1FELz1THHuudUey3BxHw%3D%3D&G=0&R=http%3A%2F%2Fwww.southerncoalition.org%2Fsdr&I=20170419223720.0000002f8b0a%40mail6-33-usnbn1&X=MHwxMDQ2NzU4OjU4ZjdlNjllNDNmNWFiYzcyMjM0ZmRlZTs%3D&S=eypwBzleAn0_shEUKCo817TCM70tGmujJ6OV-Yl1m8U>
 The report found that 100,258 North Carolinians used SDR in the November 2016 election, an increase from the 97,100 who used the process in the 2012 general election.
 The report also found that SDR provides a convenient way for eligible voters to register while also creating ample safeguards for election officials to obtain proper documentation from voters.  In order to register same-day, voters must not only attest to their eligibility to vote; they must also, without exception, provide proof of identity and residence by providing an acceptable document showing the voter’s current name and current address.
<image001.png><https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92154&title=NC%3A%20%E2%80%9CReport%20shows%20Same-Day%20Registration%20enabled%20voter%20access%20across%20the%20board%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

Russian Efforts Regarding Claims of Voter Fraud<http://electionlawblog.org/?p=92152>
Posted on April 20, 2017 6:38 am<http://electionlawblog.org/?p=92152> by Richard Pildes<http://electionlawblog.org/?author=7>

Reuters has broken this<http://www.reuters.com/article/us-usa-russia-election-exclusive-idUSKBN17L2N3> story, said to be based on confidential documents  prepared by a Putin-controlled Russian think tank, on various strategies for interfering in our 2016 elections.  Among all the other revelations, this particular tidbit stood out as one readers of this blog are likely to find of particular interest:

A second institute document, drafted in October and distributed in the same way, warned that Democratic presidential candidate Hillary Clinton was likely to win the election. For that reason, it argued, it was better for Russia to end its pro-Trump propaganda and instead intensify its messaging about voter fraud to undermine the U.S. electoral system’s legitimacy and damage Clinton’s reputation in an effort to undermine her presidency, the seven officials said.
<image001.png><https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92152&title=Russian%20Efforts%20Regarding%20Claims%20of%20Voter%20Fraud>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

--
Rick Hasen
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UC Irvine School of Law
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http://electionlawblog.org<http://electionlawblog.org/>

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--
Thessalia Merivaki, Ph.D.

Visiting Assistant Professor
Department of History and Politics
Davis 234
University of South Florida, St. Petersburg
352-871-5260
Office Phone: 727-873-4495
http://www.usfsp.edu/hp/full-time/thessalia-merivaki/
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