[EL] ELB News and Commentary 2/14/17

[Rick Hasen]

Purge outdated voter rolls? NYC tried it, with bad results"<http://electionlawblog.org/?p=91097>
Posted on February 14, 2017 7:40 am<http://electionlawblog.org/?p=91097> by Rick Hasen<http://electionlawblog.org/?author=3>

AP:<http://siouxcityjournal.com/news/national/purge-outdated-voter-rolls-nyc-tried-it-with-bad-results/article_c6c45f3c-21a7-5980-873f-a9102e80209a.html>

Whether or not you believe that voting fraud is a problem in the U.S., one thing is certain: Tidying up outdated voter rolls is sometimes easier said than done. Just ask election officials in the nation's largest city.

After an independent review found that New York City's voting lists contained people who were dead or in prison, elections officials began an aggressive purge in 2014 and 2015 that eliminated more than 200,000 supposedly invalid registrations.

The result? A record number of complaints during the 2016 presidential primary from legal voters who turned up to cast a ballot, but found that they were no longer registered.
 "Democracy itself is under attack," New York Attorney General Eric Schneiderman, a Democrat, declared last week after announcing plans to join a federal lawsuit over the way the purge was handled.

New York City's bungled purge offers a cautionary tale for elected officials, led by President Donald Trump, who warn that inaccurate voter rolls are leading to voter fraud across America.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91097&title=%E2%80%9CPurge%20outdated%20voter%20rolls%3F%20NYC%20tried%20it%2C%20with%20bad%20results%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>


"The Latest Voter-Fraud Lie"<http://electionlawblog.org/?p=91095>
Posted on February 14, 2017 7:36 am<http://electionlawblog.org/?p=91095> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT editorial:<https://www.nytimes.com/2017/02/13/opinion/the-latest-voter-fraud-lie.html?emc=edit_th_20170214&nl=todaysheadlines&nlid=55313746>

"It is a fact and you will not deny it."

That unnerving remark - made on Sunday by Stephen Miller, a senior policy adviser to President Trump - sums up the new administration's attitude toward the truth: We Decide, You Report.

Mr. Miller made the comment at the end of a heated back-and-forth<http://abcnews.go.com/Politics/week-transcript-12-17-stephen-miller-bob-ferguson/story?id=45426805> with ABC's George Stephanopoulos, who had asked him to defend Mr. Trump's latest claim of voter fraud - that his narrow loss in New Hampshire was due to voters who had been bused in illegally from Massachusetts. When Mr. Stephanopoulos pressed him for even a single example of fraud, Mr. Miller responded: "George, go to New Hampshire. Talk to anybody who has worked in politics there for a long time."
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91095&title=%E2%80%9CThe%20Latest%20Voter-Fraud%20Lie%E2%80%9D>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


"NC Supreme Court reinstates block of elections board revamp"<http://electionlawblog.org/?p=91093>
Posted on February 14, 2017 7:35 am<http://electionlawblog.org/?p=91093> by Rick Hasen<http://electionlawblog.org/?author=3>

News and Observer<http://www.newsobserver.com/news/politics-government/state-politics/article132516604.html> report.


[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91093&title=%E2%80%9CNC%20Supreme%20Court%20reinstates%20block%20of%20elections%20board%20revamp%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>


"National Civil Rights Organization Mounts First Major Federal Voting Rights Lawsuit of 2017 in North Carolina"<http://electionlawblog.org/?p=91091>
Posted on February 14, 2017 7:18 am<http://electionlawblog.org/?p=91091> by Rick Hasen<http://electionlawblog.org/?author=3>

Release:<https://lawyerscommittee.org/press-release/4474/>

 A federal voting rights lawsuit<https://lawyerscommittee.org/wp-content/uploads/2017/02/2017-02-13-Jones-County-Complaint.pdf> challenging the election scheme in a North Carolina county was filed today in the United States District Court for the Eastern District of North Carolina.

The complaint was brought on behalf of voters in Jones County, North Carolina by the Lawyers' Committee for Civil Rights Under Law, along with law firms Cleary Gottlieb Steen & Hamilton LLP and Patterson Harkavy LLP.  The lawsuit alleges that the county's method of electing its Board of Commissioners-the five-member body that makes critical and wide-ranging decisions impacting Jones County residents-dilutes the voting strength of its African American voters, in violation of Section 2 of the Voting Rights Act.  Because the county employs an "at-large" system, all Commissioners are elected county-wide.  In Jones County, voting remains racially polarized and white voters historically vote as a bloc to defeat candidates of choice supported by the African American community.  As a result, African American voters have not been able to elect a candidate of their choice to the Board of Commissioners since 1994, though they comprise nearly a third of the county's voting-age population.  The result, according to the complaint, is the "systemic neglect" of the needs of African Americans in Jones County.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91091&title=%E2%80%9CNational%20Civil%20Rights%20Organization%20Mounts%20First%20Major%20Federal%20Voting%20Rights%20Lawsuit%20of%202017%20in%20North%20Carolina%E2%80%9D>
Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>


"Business Roundtable softening stance on political transparency?"<http://electionlawblog.org/?p=91089>
Posted on February 14, 2017 7:15 am<http://electionlawblog.org/?p=91089> by Rick Hasen<http://electionlawblog.org/?author=3>

CPI:<https://www.publicintegrity.org/2017/02/14/20714/business-roundtable-softening-stance-political-transparency>

In 2013, the Business Roundtable<http://businessroundtable.org/about> - a nonprofit trade association for the nation's leading CEOs and one of the country's most powerful lobbying forces - made clear its stance on corporate political transparency.

"Corporations do NOT support increased political and lobbying 'disclosure,'" then-Business Roundtable President John Engler declared to Fortune 500 business leaders in a letter<https://www.publicintegrity.org/2013/10/25/13597/business-groups-assail-political-transparency> co-signed by U.S. Chamber of Commerce President and CEO Tom Donohue and National Association of Manufacturers President and CEO Jay Timmons.

But the Business Roundtable's hard line on corporations volunteering information about their political activities appears to have blurred - at least a bit.

In its latest "Principles of Corporate Governance<https://www.documentcloud.org/documents/3442743-BusinessRoundtablePolicy.html>" report, the Business Roundtable encourages corporate members to decide for themselves whether to publicly disclose political activities, such as contributing cash to so-called "dark money<https://www.publicintegrity.org/2016/01/20/19156/what-political-dark-money-and-it-bad>" nonprofit groups that aim to influence elections without revealing who funds them.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91089&title=%E2%80%9CBusiness%20Roundtable%20softening%20stance%20on%20political%20transparency%3F%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>


Jack Goldsmith on Don McGahn and the Flynn Fiasco<http://electionlawblog.org/?p=91087>
Posted on February 14, 2017 7:11 am<http://electionlawblog.org/?p=91087> by Rick Hasen<http://electionlawblog.org/?author=3>

Lawfare:<https://lawfareblog.com/spotlight-will-now-shift-white-house-counsel>

It is possible, as I said in my original piece on McGahn, that the many White House screw-ups outlined above are less a result of McGahn's incompetence and more a result of his lack of access to the President.  If that is so, then the blame is partly the Chief of Staff's, and McGahn needs to insist that the problem be fixed or resign.  I doubt this is the problem, however, since McGahn was Trump's campaign lawyer and by all accounts remains a close senior advisor.  A related problem may be that Trump is simply a rogue elephant whom no chains can bind, and that McGahn is giving Trump appropriate advice that is having no impact on his behavior.  I doubt that is a full explanation either, since (among other reasons) many of the problems outlined above cannot have been a result of Trump's intransigence.

It thus appears that the problems noted above are less about access or influence, and more about McGahn's substance and style.  McGahn is  reportedly<https://www.nytimes.com/2016/12/12/us/politics/donald-trump-white-house-counsel-donald-mcgahn.html> "an iconoclast bent on shaking things up."  Unfortunately for the President, that is not an attractive quality in a White House Counsel, whose main job is to ensure that the President and the White House steer clear of legal and ethical and related political problems.


[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91087&title=Jack%20Goldsmith%20on%20Don%20McGahn%20and%20the%20Flynn%20Fiasco>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>


North Carolina Supreme Court Restores Old Election Commission Pending Further Litigation<http://electionlawblog.org/?p=91085>
Posted on February 13, 2017 2:40 pm<http://electionlawblog.org/?p=91085> by Rick Hasen<http://electionlawblog.org/?author=3>

So reports Mark Binker.<https://twitter.com/binker/status/831265258262167555>

This puts on hold the move of the Republican legislature to deprive the governor's party of a majority on the state and local election boards, just as a Democratic governor came in. (The new rules, on hold, also gave Republicans the chair of new bipartisan boards in even years, when Presidential, Senate, and congressional elections all take place.)

This likely only was put on hold thanks to the fact that Democrats took back control of the state supreme court in the last election as well.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91085&title=North%20Carolina%20Supreme%20Court%20Restores%20Old%20Election%20Commission%20Pending%20Further%20Litigation>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>


"CNN's Kate Bolduan vs. Kris Kobach: 'Six Cases Does Not Rampant Voter Fraud Make'"<http://electionlawblog.org/?p=91082>
Posted on February 13, 2017 2:34 pm<http://electionlawblog.org/?p=91082> by Rick Hasen<http://electionlawblog.org/?author=3>

Real Clear Politics.<http://www.realclearpolitics.com/video/2017/02/13/cnns_kate_bolduan_vs_kris_kobach_six_cases_does_not_rampant_voter_fraud_make.html>

See also Mediaite, After CNN Interview, Kris Kobach Slams Network for 'False Claims of Voter Fraud' Chyron<http://www.mediaite.com/online/after-cnn-interview-kris-kobach-slams-network-for-false-claims-of-voter-fraud-chyron/>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91082&title=%E2%80%9CCNN%E2%80%99s%20Kate%20Bolduan%20vs.%20Kris%20Kobach%3A%20%E2%80%98Six%20Cases%20Does%20Not%20Rampant%20Voter%20Fraud%20Make%27%E2%80%9D>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


"Updated: Sununu says he's unaware of widespread voter fraud in NH"<http://electionlawblog.org/?p=91080>
Posted on February 13, 2017 2:31 pm<http://electionlawblog.org/?p=91080> by Rick Hasen<http://electionlawblog.org/?author=3>

WMUR: <http://www.wmur.com/article/sununu-says-hes-unaware-of-widespread-voter-fraud-in-nh/8775376> "Gov. Chris Sununu said Monday he is unaware of widespread voter fraud in the Granite State, but he said he wants to work with President Donald Trump's administration to 'learn of any evidence they may have.'"
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91080&title=%E2%80%9CUpdated%3A%20Sununu%20says%20he%E2%80%99s%20unaware%20of%20widespread%20voter%20fraud%20in%20NH%E2%80%9D>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>


"McDonnell and the Criminalization of Politics"<http://electionlawblog.org/?p=91078>
Posted on February 13, 2017 2:01 pm<http://electionlawblog.org/?p=91078> by Rick Hasen<http://electionlawblog.org/?author=3>

George Brown has posted this draft<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2909928> on SSRN (forthcoming, Virginia Journal of Criminal Law). Here is the abstract:

The article begins with a discussion of the critique in order to put McDonnell in context. In particular, I examine what is new in the debate over how the federal government should handle possible corruption, and the extent to which McDonnell is part of that shift. Part I explores the critique in depth. Part II analyzes the Supreme Court's decision in McDonnell and its background. As a unanimous decision, McDonnell may be of great significance in how the legal system treats the federal government's role. Part III offers some speculation on the federal anticorruption enterprise going forward.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91078&title=%E2%80%9CMcDonnell%20and%20the%20Criminalization%20of%20Politics%E2%80%9D>
Posted in bribery<http://electionlawblog.org/?cat=54>, Supreme Court<http://electionlawblog.org/?cat=29>


"Reform Groups File Amicus Brief Defending Law Limiting Corrupt 'Soft-Money' Contributions to State and Local Parties"<http://electionlawblog.org/?p=91076>
Posted on February 13, 2017 1:47 pm<http://electionlawblog.org/?p=91076> by Rick Hasen<http://electionlawblog.org/?author=3>

See here.<http://www.democracy21.org/inside-the-courts/press-releases-inside-the-courts/reform-groups-file-amicus-brief-defending-law-limiting-corrupt-soft-money-contributions-to-state-and-local-parties/>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91076&title=%E2%80%9CReform%20Groups%20File%20Amicus%20Brief%20Defending%20Law%20Limiting%20Corrupt%20%E2%80%98Soft-Money%E2%80%99%20Contributions%20to%20State%20and%20Local%20Parties%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, Supreme Court<http://electionlawblog.org/?cat=29>


Gerrymandering Has "Little to No Effect" on the Partisan Composition of Congress<http://electionlawblog.org/?p=91074>
Posted on February 13, 2017 12:52 pm<http://electionlawblog.org/?p=91074> by Richard Pildes<http://electionlawblog.org/?author=7>

That is the finding of an important new paper<http://www-personal.umich.edu/~jowei/gerrymandering.pdf> co-authored by one of the leading social science experts on districting, Professor Jowei Chen.  In recent years, a debate has been taking place over whether it is particularly aggressive Republican gerrymandering in the 2010 round of redistricting or increasing geographic sorting of voters by partisan affiliation that explains the Republican "advantage" in the House - the fact that Republicans gain a larger percentage of House seats than their nationwide share of votes in House elections.

Chen and David Cottrell frame their inquiry as an effort to answer how many seats each party would control in the complete absence of gerrymandering.  I won't explain their full methodology here, but it basically consists of doing hundreds of computer simulations to measure the election results in differently designed districts, in which the building blocks are election-return results from the 2008 presidential election, all the way down to the Census block level.  The computer is then told to start randomly at different points in the state and design equally populated, geographically continuous, and compact districts.  The simulations do not take partisan or racial information into account.  This method of using thousands of computer simulated districting plans based on objective criteria is increasingly being offered by experts, including Chen, in litigation.

Their bottom line finding is that if congressional "districts were drawn randomly with respect to partisanship and race, Republicans would only expect to lose a single seat in Congress to the Democrats."

They do find that there are modest partisan gains from gerrymandering in individual states.  But the gains to each party cancel out, in their analysis.  Thus, they find that Republicans gain about five seats in states in which they controlled the redistricting process in this cycle.  In states Democrats controlled, they gained about three seats.  And once race is taken into account through the way the requirements of the VRA pre-clearance process demanded preservation of VRA districts, the Democrats gained another 1.75 seats compared to what a process based just on contiguity, compactness, and equal population would tend to produce.

This is certainly not the last word on this important subject.  Any complex study of this sort poses many methodological issues.  And their findings for congressional districts do not necessarily mean that gerrymandering has not made a significant difference for state legislative elections.  But this study provides one of the most important counters to the argument that partisan gerrymandering plays a major role in the current composition of the House.

Further debates and discussions of this issue, including in the media, are going to have to take account of this important new analysis.  It is consistent with what at least some other social scientists, using different approaches, have also concluded about the limited effects of gerrymandering on the composition of the House.


[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D91074&title=Gerrymandering%20Has%20%E2%80%9CLittle%20to%20No%20Effect%E2%80%9D%20on%20the%20Partisan%20Composition%20of%20Congress>
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/>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20170214/42dda19e/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/20170214/42dda19e/attachment.png>