[EL] ELB News and Commentary 12/21/17
Rick Hasen
rhasen at law.uci.edu
Thu Dec 21 13:20:33 PST 2017
“In recount of Virginia race tainted by ballot mix-ups, judge relents on media ban”<http://electionlawblog.org/?p=96542>
Posted on December 21, 2017 1:18 pm<http://electionlawblog.org/?p=96542> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/local/virginia-politics/in-virginia-race-tainted-by-ballot-mix-ups-judge-bars-press-from-recount/2017/12/21/ef50667c-e4eb-11e7-833f-155031558ff4_story.html?utm_term=.9bb2ddd588a6>
Stafford County Chief Circuit Court Judge Overton Harris, who oversaw the recount court in the 28th District matchup between Thomas and Cole, initially barred media from Thursday’s proceedings.
But after an appeal by an attorney for the The Washington Post, the chief judge granted a petition for public access to the recount. The Post was allowed to enter the recount room, while two radio reporters were permitted to watch from an adjacent conference room.
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Posted in election administration<http://electionlawblog.org/?cat=18>
California Bar Exam Percentage Passing Results for July 2017 Test, By School (ABA Accredited Schools)<http://electionlawblog.org/?p=96538>
Posted on December 21, 2017 12:59 pm<http://electionlawblog.org/?p=96538> by Rick Hasen<http://electionlawblog.org/?author=3>
The new stats<http://electionlawblog.org/wp-content/uploads/july-2017-bar-stats.pdf> are out for first time takers of the July 2017 exam. The California ABA school average for first time takers was 70%:
Rank
School
Passing percent
1
Stanford
96%
2
UC Berkeley
89%
3
UCLA
88%
3
USC
88%
5
UC Irvine
83%
6
Santa Clara
79%
6
UC Davis
79%
8
San Diego
78%
9
Loyola
73%
10
Cal Western
65%
10
Pepperdine
65%
12
Chapman
64%
13
McGeorge
62%
14
Hastings
61%
15
Southwestern
57%
16
Western State
56%
17
San Francisco
54%
18
Golden Gate
51%
19
La Verne
41%
20
Whittier
38%
21
Thomas Jefferson
30%
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Virginia officials will randomly pick winner of tied House of Delegates race on Dec. 27”<http://electionlawblog.org/?p=96532>
Posted on December 21, 2017 12:19 pm<http://electionlawblog.org/?p=96532> by Rick Hasen<http://electionlawblog.org/?author=3>
Virginian Pilot:<https://pilotonline.com/news/government/politics/virginia/virginia-officials-will-randomly-pick-winner-of-tied-house-of/article_15b120de-e515-53ae-b000-297fe11a5d62.html>
Politicos, mark your calendars for Wednesday Dec. 27.
That’s the day the Virginia Board of Elections will randomly pick the winner of the high stakes and tied 94th House District race.
The impact? Which party controls the House of Delegates and major policy decisions could be on the line.
After a recount and a court battle over one irregular, uncounted ballot, Del. David Yancey (R-Newport News) and Democratic challenger Shelly Simonds each have 11,608 votes….
The winner of the race is so significant because it will determine the political control of the House of Delegates. If Yancey wins, Republicans maintain a 51-49 majority. If Simonds wins, it ushers in a new era of politics where both parties will share power.
The disputed ballot brought back memories not only of Bush v. Gore but of Minnesota’s Lizard People:
https://twitter.com/JWPascale/status/943588969186582530
https://twitter.com/ashbylaw/status/943640416431337472
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
HuffPost on Tom Farr: “Trump Judicial Pick Disputes Allegation That He Lied To Senate About Voter Intimidation Plan”<http://electionlawblog.org/?p=96530>
Posted on December 21, 2017 12:11 pm<http://electionlawblog.org/?p=96530> by Rick Hasen<http://electionlawblog.org/?author=3>
HuffPost:<https://www.huffingtonpost.com/entry/thomas-farr-voter-intimidation_us_5a3bd840e4b025f99e1550bf>
Sen. Cory Booker (D-N.J.) asked Farr<https://www.huffingtonpost.com/entry/cory-booker-thomas-farr_us_5a3141b5e4b01bdd76592c34> to clarify what he knew about the scheme, and Farr responded on Tuesday, disputing Hebert’s recollection.
Farr acknowledged, however, that he participated in a meeting about “ballot security” just before the 1990 election. He said he did not discuss the specific postcards that were eventually sent.
“Several weeks before the election, I participated in a short meeting with persons who wanted to be hired to do a ballot security program for the Helms Committee in 1990. During that meeting, I told them there was no reason for them to do a card mailing in 1990 because North Carolina law had been changed and return cards could not be used to challenge voters,” Farr wrote to Booker<http://eppc.org/wp-content/uploads/2017/12/Letter-to-Cory-Booker-12.19.2017.pdf>. “There was no discussion about the content of any hypothetical card. I also told them they might attempt to use returned cards in a recount. However, at the time of this meeting I was doubtful of the utility of any card mailing, even in a recount, because of a change in North Carolina law.”
During his confirmation, Sens. Dianne Feinstein (D-Calif.) and Dick Durbin (D-Ill.) asked<https://www.judiciary.senate.gov/imo/media/doc/Farr%20Responses%20to%20QFRs.pdf>Farr repeatedly about any advice he gave on the postcard mailings.
Farr did not disclose the October ballot security meeting, but said that after the Justice Department contacted the campaign, he was “appalled” to learn they had been sent to target African-American voters.
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Posted in chicanery<http://electionlawblog.org/?cat=12>
Alabama: “Secretary of State John Merrill: No voter fraud”<http://electionlawblog.org/?p=96528>
Posted on December 21, 2017 12:08 pm<http://electionlawblog.org/?p=96528> by Rick Hasen<http://electionlawblog.org/?author=3>
FOX10<http://www.fox10tv.com/story/37117132/secretary-of-state-john-merrill-no-voter-fraud>:
In a press release Thursday morning, Secretary of State John Merrill said the man who was the subject of a voter fraud investigation is, in fact, a registered voter in the state of Alabama.
Read the full press release below…
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Posted in chicanery<http://electionlawblog.org/?cat=12>
“Russian trolls went on attack during key election moments”<http://electionlawblog.org/?p=96526>
Posted on December 21, 2017 12:04 pm<http://electionlawblog.org/?p=96526> by Rick Hasen<http://electionlawblog.org/?author=3>
NBC News:<https://www.nbcnews.com/tech/social-media/russian-trolls-went-attack-during-key-election-moments-n827176>
Thousands of Russian trolls targeted national events during the 2016 U.S. presidential election to infiltrate the online conversations of millions of Americans, according to a new analysis of a database of recovered troll tweets by NBC News.
The records show how digital communications tools invented by U.S. companies, such as Twitter and Facebook, were instead exploited by the Kremlin-backed agents to promote autocracy and fear.
Twitter has identified 2,752 accounts as being linked to the Kremlin. In November, Congress released the list<https://democrats-intelligence.house.gov/uploadedfiles/exhibit_b.pdf> of account names.
NBC News took those names and cross-referenced it against data held by three sources familiar with Twitter’s API, an online system that allows software developers to work user data, generated a database of 202,973 tweets sent by known Russian trolls. The sources asked that their names be withheld to avoid being identified as possibly violating Twitter’s developer policy.
The resulting database from 454 of the identified accounts is “one of the largest” known repositories of deleted Russian Twitter troll activity to date, according to Jonathan Albright, research director at Columbia University’s Tow Center for Digital Journalism.
Those tweets from accounts impersonating real Americans earned 2.1 million retweets and nearly 1.9 million favorites from their duped followers.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>
“Senators Introduce Bill to Protect Election Systems from Cyberattacks”<http://electionlawblog.org/?p=96523>
Posted on December 21, 2017 11:59 am<http://electionlawblog.org/?p=96523> by Rick Hasen<http://electionlawblog.org/?author=3>
Release:<https://www.brennancenter.org/press-release/senators-introduce-bill-protect-election-systems-cyberattacks>
Lawmakers in the Senate introduced legislation today that would help states prevent cyberattacks on election infrastructure and enhance confidence in vote totals from electronic voting machines. The bill comes amid ongoing revelations about Russia’s unprecedented attempts to interfere in the 2016 presidential election.
The Secure Elections Act is co-sponsored by Sens. Amy Klobuchar (D-Minn.), Lindsey Graham (R-S.C.), Kamala Harris (D-Calif.), James Lankford (R-Okla.), Susan Collins (R-Maine), and Martin Heinrich (D-N.M.). It aligns with recommendations in a June 2017 report — Securing Elections from Foreign Interference<https://www.brennancenter.org/publication/securing-elections-foreign-interference> — from the Brennan Center for Justice at NYU School of Law.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>
Wisconsin: “Erin Grunze: Call off attacks on Election Commission staff”<http://electionlawblog.org/?p=96521>
Posted on December 21, 2017 11:54 am<http://electionlawblog.org/?p=96521> by Rick Hasen<http://electionlawblog.org/?author=3>
Oped <http://host.madison.com/ct/opinion/column/erin-grunze-call-off-attacks-on-election-commission-staff/article_0a5460a9-07b2-5597-b386-f7f496926ada.html> from head of Wisconsin’s League of Women Voters:
It is troubling to see the John Doe investigations and fallout back in the news, as it has escalated to the point where legislative leaders are calling for Elections Commission Administrator Mike Haas and other officials to resign, despite no accusations of wrongdoing or any recommendation by the DOJ for their resignation.
The League of Women Voters of Wisconsin trusts the bipartisan Wisconsin Elections Commission to be able to evaluate their staff and make decisions about their ability to maintain nonpartisanship in our elections.
Under Haas’ leadership, the Elections Commission has successfully administered the 2016 statewide presidential recount, implemented online voter registration, provided training for clerks across the state on changes in election law, and implemented a new statewide voter database and election administration system. The league has interfaced with Haas and other WEC staff in our voter service work and always found them to be helpful, nonpartisan and highly professional.
Milwaukee Journal-Sentinel: Wisconsin GOP Senate leaders seek to broaden investigation of John Doe probe on Thursday<https://www.jsonline.com/story/news/politics/2017/12/21/wisconsin-senate-leaders-seek-broaden-investigation-john-doe-probe-thursday/972790001/>
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Posted in chicanery<http://electionlawblog.org/?cat=12>
“Some Change in Apportionment Allocations With New 2017 Census Estimates; But Greater Change Likely by 2020 “<http://electionlawblog.org/?p=96519>
Posted on December 21, 2017 11:47 am<http://electionlawblog.org/?p=96519> by Rick Hasen<http://electionlawblog.org/?author=3>
Election Data Services<https://www.electiondataservices.com/wp-content/uploads/2017/12/NR_Appor17c2wTablesMapsC1.pdf>:
New Census Bureau population estimates for 2017 released today shows a change of two more seats between four states from last year’s study generated by Election Data Services, Inc. on which states would gain or lose congressional seats if the current numbers were used for apportionment in 2017. But projecting these numbers to 2020, using several different methods, leads to more states being impacted by the decennial census scheduled to take place in just three years.
The Bureau’s 2017 total population estimates shows that now 12 states will be impacted by changes in their congressional delegation if these new numbers were used for apportionment today. The state of Colorado joins the previously indicated states of Florida, North Carolina, and Oregon to each gain a single seat while the state of Texas is now shown to gain a second seat with the new data. The states of New York and West Virginia joins the states of Illinois, Michigan, Minnesota and Pennsylvania to lose a seat in Congress using the new data. The new numbers, however, reflect subtle changes taking place across the nation in birth and death rates and resulting total population numbers that become magnified when the information is projected forward to coincide with the taking of the 2020 Census on April 1 that year
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Posted in redistricting<http://electionlawblog.org/?cat=6>
“Denying review, Supreme Court hands California Attorney General a victory in gas tax initiative case”<http://electionlawblog.org/?p=96517>
Posted on December 21, 2017 11:39 am<http://electionlawblog.org/?p=96517> by Rick Hasen<http://electionlawblog.org/?author=3>
David Ettinger blogs.<http://www.atthelectern.com/denying-review-supreme-court-hands-california-attorney-general-a-victory-in-gas-tax-initiative-case/>
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Posted in direct democracy<http://electionlawblog.org/?cat=62>
Judge Lynn Adelman: “How Big Money Ruined Public Life in Wisconsin”<http://electionlawblog.org/?p=96515>
Posted on December 21, 2017 11:31 am<http://electionlawblog.org/?p=96515> by Rick Hasen<http://electionlawblog.org/?author=3>
Federal district court judge Lynn Adelman has posted this draft <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3086693> (forthcoming Cleveland State Law Review) on SSRN. Here is the abstract:
This Article discusses how Wisconsin fell from grace. Once a model good government state that pioneered many democracy-enhancing laws, in a very short time, Wisconsin became a state where special interest money, most of which is undisclosed, dominates politics. This Article identifies several factors as being critical to Wisconsin’s descent. These include the state’s failure to nurture and build on the campaign finance reforms enacted in the 1970s and both the state’s and the United States Supreme Court’s failure to adequately regulate sham issue ads. As evidence of Wisconsin’s diminished status, this Article describes how several of the state’s most progressive laws have been undermined and how each of the three branches of the state’s government has been beset by scandal related to the increased importance of special interest money. Finally, this Article suggests that major change will come about only in the long term; such change will require both new campaign finance reforms and a shift in approach by the United States Supreme Court.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>
Supreme Court May Decide The First Week in January to Set Texas Redistricting Cases for Argument<http://electionlawblog.org/?p=96513>
Posted on December 21, 2017 11:25 am<http://electionlawblog.org/?p=96513> by Rick Hasen<http://electionlawblog.org/?author=3>
Congressional docket<https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-586.html>.
State case<https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-626.html>.
Given that the Court has already issued a stay<http://electionlawblog.org/?p=95016> in each of these cases it is almost certain the Court will set them for argument, with a result likely this term.
This means we could see at least 4 redistricting cases decided this term (Wisconsin, Maryland, and these Two Texas cases.)
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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>, Voting Rights Act<http://electionlawblog.org/?cat=15>
EAC to Hold Summit in January Ahead of 2018 Election Season<http://electionlawblog.org/?p=96511>
Posted on December 21, 2017 11:21 am<http://electionlawblog.org/?p=96511> by Rick Hasen<http://electionlawblog.org/?author=3>
Announcement via email:
When: Wednesday, January, 10, 2018, 09:00 AM – 03:30 PM
Where: The National Press Club
Holeman Lounge
529 14th Street, NW, 13th Floor
Washington, DC 20045
Details: Ahead of the 2018 midterm elections, the U.S. Election Assistance Commission (EAC) will host an all-day summit<https://www.eac.gov/events/2018/01/10/eac-summit-the-2018-federal-election-accessibility-critical-infrastructure-cybersecurity-emergencycontingency-planning-security/> to highlight a spectrum of issues that state and local election officials will face as they work to administer a secure, accessible and efficient 2018 Federal Election. Attendees will hear from keynote speakers and expert panelists who will address topics such as election security, voting accessibility, and how to use election data to improve the voter experience.
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Posted in election administration<http://electionlawblog.org/?cat=18>, Election Assistance Commission<http://electionlawblog.org/?cat=34>
Breaking News: Song Richardson Chosen as New Dean of UCI Law<http://electionlawblog.org/?p=96507>
Posted on December 21, 2017 9:33 am<http://electionlawblog.org/?p=96507> by Rick Hasen<http://electionlawblog.org/?author=3>
I’m delighted to share the news<http://www.law.uci.edu/news/in-the-news/2017/Richardson-dean.html> that my friend and colleague, L. Song Richardson, has been chosen as the new dean of UCI Law. (Song has been serving as interim dean.) (Update: Press release<https://news.uci.edu/2017/12/21/l-song-richardson-named-dean-of-uci-school-of-law/>begins: “Distinguished legal scholar and teacher L. Song Richardson is the next dean of the University of California, Irvine School of Law, effective Jan. 1, 2018, becoming the only woman of color to serve in this role among U.S. News & World Report’s top 30 law schools.”)
Song has the smarts, people skills, good judgment, exuberance, and enthusiasm for this job, and I am so glad that she will be at the helm for the next part of this school’s journey.
The main question when our founding dean Erwin Chemerinsky left precipitously at the end of last year to become dean at UC Berkeley was, “Who can follow Erwin?” I think what we’ve learned from the dean search process (I served on the dean search committee) is that we need someone with a vision of collaborative leadership and excellence, who can inspire everyone at the school to be their best. Song is the ideal person to do so. She embodies so much of the spirit of the law school—its history of innovation, entrepreneurship, commitment to social justice, and marriage of deep scholarship and real world skills training.
Here is the official announcement from provost Enrique Lavernia:
Dear colleagues,
On behalf of Chancellor Gillman, I am pleased to announce that L. Song Richardson, one of the nation’s leading legal scholars and educators, has been appointed dean of the UCI School of Law<https://news.uci.edu/2017/12/21/l-song-richardson-named-dean-of-uci-school-of-law/>, effective Jan. 1, 2018. A member of the UCI faculty since 2014, Dean Richardson has served as interim dean since July. She also served as the school’s senior associate dean for academic affairs and chair of the Faculty Appointments Committee.
In her career as a legal scholar, Dean Richardson uses lessons from cognitive and social psychology to study criminal procedure, criminal law and policing. A legal expert on stereotype threat and racial anxiety, she examines how unconscious biases may influence courtroom decisions.
Dean Richardson’s work is renowned within the legal community. Her article “Police Efficiency and the Fourth Amendment” was selected as a “must read” by the National Association of Criminal Defense Lawyers. She co-edited The Constitution and the Future of Criminal Justice in America, a book published by Cambridge University Press in 2013, and is currently writing a book exploring the legal and moral implications of mind sciences research on policing and criminal procedures.
A successful litigator with diverse practice experience, Dean Richardson was a state and federal public defender in Seattle and served as an assistant counsel at the NAACP Legal Defense and Educational Fund. She was also a Skadden Public Interest Fellow with the National Immigration Law Center in Los Angeles and the Legal Aid Society’s Immigration Law Unit in New York.
Before joining UCI, Dean Richardson held law professorships at DePaul University, American University and the University of Iowa. She earned her law degree at Yale University.
I am grateful to the search committee and its chair, Professor Bryant Garth, for their thoughtful work in helping us select such an exemplary new dean. The law school is lucky to be able to draw on the energy, brilliance and leadership of Dean Richardson, especially during this time of change in the nation and in legal education.
Please join me in extending heartfelt congratulations to Dean Richardson.
Sincerely,
Enrique Lavernia<http://www.provost.uci.edu/>
Provost and Executive Vice Chancellor
Distinguished Professor of Chemical Engineering and Materials Science
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
--
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/>
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