[EL] ELB News and Commentary 12/8/17

[Rick Hasen]

EAC Commissioner McCormick, Speaking on ALEC Panel with Von Spakovsky and Adams, Makes Frivolous First Amendment Argument Against Automatic Voter Registration<http://electionlawblog.org/?p=96272>
Posted on December 7, 2017 6:39 pm<http://electionlawblog.org/?p=96272> by Rick Hasen<http://electionlawblog.org/?author=3>
Sam Levine:<https://www.huffingtonpost.com/entry/trump-voter-fraud-commission-alec_us_5a29bfbde4b069ec48abff48>
McCormick focused on automatic voter registration, a process adopted by 10 states so far in which eligible people are automatically added to the voter rolls when they interact with a motor vehicle agency or some other state agencies. Once people fill out the forms, they are given the choice of opting out.
Oregon was the first state to adopt the process in 2015; eight states and the District of Columbia have followed since. But McCormick said lawmakers might be too hasty in latching on to the idea without seeing how it plays out in practice. She also suggested that even with the opt-out option, automatically registering people to vote could violate their speech protections under the U.S. Constitution.
“I do think there is a fundamental question: Does automatic voter registration violate the Constitution? Congress, or government, should not be making any law abridging the freedom of speech,” she said. “The First Amendment includes the right not to speak as well as the right to speak.”
Wow, that’s weak. McCormick has been a huge disappointment on the EAC.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96272&title=EAC%20Commissioner%20McCormick%2C%20Speaking%20on%20ALEC%20Panel%20with%20Von%20Spakovsky%20and%20Adams%2C%20Makes%20Frivolous%20First%20Amendment%20Argument%20Against%20Automatic%20Voter%20Registr>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>


“10 Month Sentence For Bloomingburg Developer In Voter Fraud Case”<http://electionlawblog.org/?p=96270>
Posted on December 7, 2017 6:25 pm<http://electionlawblog.org/?p=96270> by Rick Hasen<http://electionlawblog.org/?author=3>
The latest:<https://www.vosizneias.com/286478/2017/12/07/new-york-10-month-sentence-for-bloomingburg-developer-in-voter-fraud-case/>
It will be ten months in prison, a year of supervised released, 400 hours of community service and a $200,000 fine for Bloomingburg developer Shalom Lamm who pleaded guilty in June to conspiring to corrupt an election.
As previously reported on VIN News (http://bit.ly/2A0Vqbz), Lamm, developer of Bloomingburg’s Chestnut Ridge townhouse project, could have faced up to five years in prison for conspiring to commit election fraud by filing false voter registrations.
According to the Times Herald Record (http://bit.ly/2zXQOTB), prosecutors said that in addition to placing household items such as toothbrushes in unused apartments to make them appear occupied, Lamm paid a Monsey rabbi approximately $30,000 a month to recruit students to pose as residents of the Orange County town and vote there, even though most had never even been to Bloomingburg.
Defense lawyers argued that a virulent anti-Chasidic bias in Bloomingburg drove Lamm to make bad decisions that he now regrets.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96270&title=%E2%80%9C10%20Month%20Sentence%20For%20Bloomingburg%20Developer%20In%20Voter%20Fraud%20Case%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>


Alabama Secretary of State Convinces Google to Remove Anti-Roy Moore Ad from YouTube as Incorrect or Misleading, But Was It?<http://electionlawblog.org/?p=96266>
Posted on December 7, 2017 3:18 pm<http://electionlawblog.org/?p=96266> by Rick Hasen<http://electionlawblog.org/?author=3>
Here’s the ad. <https://www.dropbox.com/s/zyv8suabbox6bfa/Video%20Dec%2004%2C%2011%2025%2017.mov?dl=0>
Alabama SOS Merrill Press Release:<http://sos.alabama.gov/newsroom/secretary-state-works-google-remove-misleading-highway-31-advertisement-internet>
Recent reports to the Alabama Secretary of State’s Office indicated the existence of an ad that was targeting Alabamians with incorrect or inaccurate information intent on confusing voters. The ad made claims that the candidate a voter casts their ballot for would be made public and would be shared with members of their community.
This ad was reported to be on YouTube among other digital platforms. Once the ad was reported Secretary Merrill instructed his team to work quickly to ensure Alabamians were not confused or dissuaded from participating in our democratic process due to misinformation or fear of retribution for how they chose to cast their ballot.
Secretary Merrill’s team contacted the Media and Advertising team at Google (YouTube’s parent company) and through several intense discussions and many references to Alabama State Law the team at Google felt the ad should be “disapproved” and that it was in violation of the AdWords advertising policies.
The ad has been removed by Google and was done so at the request of the Alabama Secretary of State’s Office.
WHNT:<http://whnt.com/2017/12/07/new-alabama-based-political-action-committee-spends-millions-to-support-doug-jones-draws-fire/>
This the text of the Highway 31 ad Merrill criticized:
“If you don’t vote and Roy Moore – a child predator – wins. Could you live with that? Your vote is public record and your community will know whether or not you helped stop Roy Moore. On Tuesday December 12th vote for Doug Jones for Senate.”…

But Highway 31 disagrees with Merrill’s assessment and refused his request discontinue it.
“The Secretary of State is distorting the intent of the ad,” said Highway 31 spokesman Muhlendorf. “Whether or not someone votes is public knowledge. The ad is not improper. Standing up and voting against Roy Moore on December 12 is critically important to the future of our state and we are going to make sure all Alabamians know that.”

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96266&title=Alabama%20Secretary%20of%20State%20Convinces%20Google%20to%20Remove%20Anti-Roy%20Moore%20Ad%20from%20YouTube%20as%20Incorrect%20or%20Misleading%2C%20But%20Was%20It%3F>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“New Alabama-based Political Action Committee spends millions to support Doug Jones, draws fire”<http://electionlawblog.org/?p=96264>
Posted on December 7, 2017 3:10 pm<http://electionlawblog.org/?p=96264> by Rick Hasen<http://electionlawblog.org/?author=3>
WHNT:<http://whnt.com/2017/12/07/new-alabama-based-political-action-committee-spends-millions-to-support-doug-jones-draws-fire/>
 A new Alabama-based political action committee, Highway 31, is taking an active role in the Alabama special election for a U.S. Senate seat, and it’s drawn criticism for avoiding disclosure of its donors.
The group was formed in early November and under federal election law won’t have to disclose its donors until Jan. 21, about five weeks after the U.S. Senate special election. Records show it has committed $2.9 million toward the race in supporting Democrat Doug Jones and opposing Republican Roy Moore.
The wrinkle in the group’s approach, which has drawn attention both in Alabama and from national media, is that Highway 31 has been able to get vendors who provide TV ads and direct mail services to provide their services on credit. That means there’s been no actual spending yet to record in campaign records.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96264&title=%E2%80%9CNew%20Alabama-based%20Political%20Action%20Committee%20spends%20millions%20to%20support%20Doug%20Jones%2C%20draws%20fire%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


Former Colorado GOP Chair, Who Claimed All Voter Fraud is Committed by Democrats, Convicted of Voter Fraud, After Claiming He Voted His Ex-Wife’s Ballot in Diabetic Episode<http://electionlawblog.org/?p=96262>
Posted on December 7, 2017 2:55 pm<http://electionlawblog.org/?p=96262> by Rick Hasen<http://electionlawblog.org/?author=3>
This is the same guy<http://www.thedenverchannel.com/news/politics/former-colorado-gop-chairman-steve-curtis-found-guilty-of-voter-fraud-forgery> who said all voter fraud is committed by Democrats.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96262&title=Former%20Colorado%20GOP%20Chair%2C%20Who%20Claimed%20All%20Voter%20Fraud%20is%20Committed%20by%20Democrats%2C%20Convicted%20of%20Voter%20Fraud%2C%20After%20Claiming%20He%20Voted%20His%20Ex-Wife%E2%>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>


“In Pennsylvania gerrymander case, experts can’t defend the indefensible”<http://electionlawblog.org/?p=96260>
Posted on December 7, 2017 12:28 pm<http://electionlawblog.org/?p=96260> by Nicholas Stephanopoulos<http://electionlawblog.org/?author=12>
Philadelphia Inquirer:<http://www.philly.com/philly/opinion/commentary/in-pa-gerrymander-case-experts-cant-defend-the-indefensible-20171207.html>
It’s virtually undisputed that Pennsylvania’s congressional map satisfies this test. The map was drawn in secret by Republicans using reams of sophisticated data. It was then jammed<https://en.wikipedia.org/wiki/Redistricting_in_Pennsylvania> through the General Assembly, largely on party-line votes, in a matter of days. In the 2012, 2014, and 2016 elections, the map set a modern record for partisan unfairness. According to one metric, it was more skewed<https://www.pubintlaw.org/wp-content/uploads/2017/06/Expert-Report-Christopher-Warshaw.pdf>, on average, than any other congressional map in the country since 1972.
This enormous Republican advantage is likely to endure for the rest of the decade. It would take a five-point swing for Democrats to capture just one more seat. For the map’s skew to disappear, Democrats would need to improve on their 2016 showing by 14 points — a bigger wave than Pennsylvania has seen in generations. And the map’s tilt can’t be explained by the clustering of Democratic voters in Philadelphia and Pittsburgh. In hundreds of computer-simulated maps<https://www.pubintlaw.org/wp-content/uploads/2017/06/Expert-Report-Jowei-Chen.pdf>, Democrats usually win nine or 10 of Pennsylvania’s 18 districts. The state’s underlying geography is thus close to neutral.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96260&title=%E2%80%9CIn%20Pennsylvania%20gerrymander%20case%2C%20experts%20can%E2%80%99t%20defend%20the%20indefensible%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Illinois Democrats ask U.S. Supreme Court to hear Blagojevich’s appeal”<http://electionlawblog.org/?p=96257>
Posted on December 7, 2017 12:24 pm<http://electionlawblog.org/?p=96257> by Rick Hasen<http://electionlawblog.org/?author=3>
Chicago Sun-Times:<https://chicago.suntimes.com/chicago-politics/illinois-democrats-ask-u-s-supreme-court-hear-blagojevich-appeal/>
A group of high-profile Illinois Democrats have asked the U.S. Supreme Court to hear former Gov. Rod Blagojevich’s case.
In an amicus brief filed Monday, the who’s who list of current and former Illinois Democratic congressional delegation members emphasized that they take “no position on Mr. Blagojevich’s innocence or guilt on any of the counts of conviction.”
Instead, they wrote that the nation’s highest court should hear his appeal to “distinguish the lawful solicitation and donation of campaign contributions from criminal violations of federal extortion, bribery, and fraud laws.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96257&title=%E2%80%9CIllinois%20Democrats%20ask%20U.S.%20Supreme%20Court%20to%20hear%20Blagojevich%E2%80%99s%20appeal%E2%80%9D>
Posted in bribery<http://electionlawblog.org/?cat=54>, Supreme Court<http://electionlawblog.org/?cat=29>


“Disenfranchised because of voter ID bureaucracy? VoteRiders and Kathleen Unger can help”<http://electionlawblog.org/?p=96255>
Posted on December 7, 2017 12:20 pm<http://electionlawblog.org/?p=96255> by Rick Hasen<http://electionlawblog.org/?author=3>
Patt Morrison Interviews<http://www.latimes.com/opinion/op-ed/la-ol-patt-morrison-unger-vote-riders-20171206-htmlstory.html> democracy champion Kathleen Unger about the indispensable work with voter ids that Kathleen and VoteRiders do for voters who need them.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96255&title=%E2%80%9CDisenfranchised%20because%20of%20voter%20ID%20bureaucracy%3F%20VoteRiders%20and%20Kathleen%20Unger%20can%20help%E2%80%9D>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>


Unanimous 9th Circuit Panel, in Opinion by Judge Bybee, Upholds Montana Law Barring Judicial Candidates from Seeking, Accepting, or Using Political Party Endorsements<http://electionlawblog.org/?p=96252>
Posted on December 7, 2017 7:51 am<http://electionlawblog.org/?p=96252> by Rick Hasen<http://electionlawblog.org/?author=3>
From the opinion:<http://electionlawblog.org/wp-content/uploads/9th-french.pdf>
Montanans select their judges through nonpartisan popular elections. In an effort to keep those elections nonpartisan, Montana has restricted judicial-campaign speech. One of those restrictions is before us—a rule that prohibits candidates from seeking, accepting, or using political endorsements in their campaigns. Mark French, a judicial candidate who wishes to seek and use such endorsements, claims that Montana’s rule violates his First Amendment rights. Montana argues that the rule is narrowly tailored to ensuring the impartiality and independence of Montana’s judiciary. The district court upheld the statute, and we agree. In light of the Supreme Court’s decision in Williams-Yulee v. Florida Bar, 135 S. Ct. 1656 (2015), and our decision in Wolfson v. Concannon, 811 F.3d 1176 (9th Cir. 2016) (en banc), we affirm the judgment….
Only one restriction is at issue here. Rule 4.1(A)(7) of the Montana Code of Judicial Conduct provides: “[A] judge or judicial candidate shall not . . . seek, accept, or use endorsements from a political organization, or partisan or independent non-judicial office-holder or candidate . . . .” Mont. Code of Judicial Conduct Rule 4.1(A)(7). The Code defines a “political organization” as “a political party or other group sponsored by or affiliated with a political party or candidate, the principal purpose of which is to further the election or appointment of candidates for political office.”
French will seek further appellate review.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96252&title=Unanimous%209th%20Circuit%20Panel%2C%20in%20Opinion%20by%20Judge%20Bybee%2C%20Upholds%20Montana%20Law%20Barring%20Judicial%20Candidates%20from%20Seeking%2C%20Accepting%2C%20or%20Using%20Political%2>
Posted in campaigns<http://electionlawblog.org/?cat=59>, judicial elections<http://electionlawblog.org/?cat=19>


Last Refuge of a Scoundrel Dept: Roy Moore Campaign Raises Claim of Possible Election Theft in Alabama Senate Race<http://electionlawblog.org/?p=96248>
Posted on December 7, 2017 7:41 am<http://electionlawblog.org/?p=96248> by Rick Hasen<http://electionlawblog.org/?author=3>
[http://electionlawblog.org/wp-content/uploads/Screen-Shot-2017-12-07-at-7.40.01-AM.png]
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96248&title=Last%20Refuge%20of%20a%20Scoundrel%20Dept%3A%20Roy%20Moore%20Campaign%20Raises%20Claim%20of%20Possible%20Election%20Theft%20in%20Alabama%20Senate%20Race>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>


--
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
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/>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20171208/11b54fba/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20171208/11b54fba/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 107012 bytes
Desc: image002.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20171208/11b54fba/attachment-0001.png>