[EL] ELB News and Commentary 1/6/17

Fri Jan 6 08:58:53 PST 2017

“Sensing Gains Ahead Under Trump, the Kochs Court Minorities”<http://electionlawblog.org/?p=90328>
Posted on January 6, 2017 8:52 am<http://electionlawblog.org/?p=90328> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2017/01/05/business/energy-environment/koch-brothers-fossil-fuels-minorities.html?ref=politics&_r=0>
Fueling U.S. Forward is “dedicated to educating the public about the value and potential of American energy, the vast majority of which comes from fossil fuels,” the group says on its website. “We’ll talk to people of diverse backgrounds — industry employees, small-business owners, community leaders and low-income families — and share their stories.”
The group has seen early results from its outreach.
“Policies that subsidize electric vehicles<http://topics.nytimes.com/top/reference/timestopics/subjects/e/electric_vehicles/index.html?&inline=nyt-classifier> and solar panels for the wealthy raise energy prices and harm the black community,” read recommendations adopted by delegates at the National Black Political Convention<http://thenbpc.com/> in Gary, Ind., in August. The event brought together African-American political groups and counted Fueling U.S. Forward among its sponsors…
The Kochs’ public relations drive takes a page from minority outreach by other industry lobbies, like those representing tobacco and soft drinks. Those industries have long argued that stiffer regulations or taxes on cigarettes or sodas would disproportionately affect low-income and minority communities.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90328&title=%E2%80%9CSensing%20Gains%20Ahead%20Under%20Trump%2C%20the%20Kochs%20Court%20Minorities%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, tax law and election law<http://electionlawblog.org/?cat=22>

Iowa: “State funding too tight for unnecessary Voter ID”<http://electionlawblog.org/?p=90326>
Posted on January 6, 2017 8:48 am<http://electionlawblog.org/?p=90326> by Rick Hasen<http://electionlawblog.org/?author=3>
Lynda Waddington<http://www.thegazette.com/subject/opinion/blogs/lynda-waddington/abandoned-box-of-sex-toys-20170106>:
As telegraphed by key GOP lawmakers last month<http://www.thegazette.com/subject/opinion/blogs/lynda-waddington/iowa-lawmakers-top-priority-is-moot-point-20161216>, a key component of Pate’s upgrades is Voter ID. This piece requires voters to produce approved forms of identification before casting ballots. Pate suggests Iowa-issued driver’s licenses, military-issued identification cards and passports.
As I wrote in a column three weeks ago, this is a solution in search of a problem<http://www.thegazette.com/subject/opinion/blogs/lynda-waddington/abandoned-box-of-sex-toys-20170106>.
The voter fraud witch hunt conducted by Pate’s Republican predecessor scrutinized 1.6 million Iowa votes and asked for further investigation of 117, or .0073 percent. Of those, only six led to criminal convictions.
Iowans learned that the tiny fraction of a percent of prosecuted voter fraud — .000375 percent of all ballots — was overwhelmingly perpetrated by former felons confused by state executive orders regarding when and how their voting rights were restored. More important, not one of those votes altered the outcome of an election.
Like Pate proclaimed in October 2016<http://www.thegazette.com/subject/news/government/elections/iowa-secretary-of-state-pate-refutes-claims-of-rigged-election-20161017>: “This state has a pretty darn good track record and I really resent anybody trying to blemish it.” Ditto.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90326&title=Iowa%3A%20%E2%80%9CState%20funding%20too%20tight%20for%20unnecessary%20Voter%20ID%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>

“The Justice Department’s Voter Fraud Scandal: Lessons”<http://electionlawblog.org/?p=90324>
Posted on January 6, 2017 8:38 am<http://electionlawblog.org/?p=90324> by Rick Hasen<http://electionlawblog.org/?author=3>
Adam Gitlin and Wendy Weiser with a new Brennan Center report <https://www.brennancenter.org/publication/justice-departments-voter-fraud-scandal-lessons> in advance of the Sen. Sessions confirmation hearings for AG.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90324&title=%E2%80%9CThe%20Justice%20Department%E2%80%99s%20Voter%20Fraud%20Scandal%3A%20Lessons%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>, Department of Justice<http://electionlawblog.org/?cat=26>, The Voting Wars<http://electionlawblog.org/?cat=60>

“119 Recalls in 2016 — 60 removals, 17 resignations, 42 survive; at least 402 attempts”<http://electionlawblog.org/?p=90322>
Posted on January 6, 2017 8:36 am<http://electionlawblog.org/?p=90322> by Rick Hasen<http://electionlawblog.org/?author=3>
Recall Elections Blog roundup<http://recallelections.blogspot.com/2017/01/119-recalls-in-2016-60-removals-17.html>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90322&title=%E2%80%9C119%20Recalls%20in%202016%20%E2%80%94%2060%20removals%2C%2017%20resignations%2C%2042%20survive%3B%20at%20least%20402%20attempts%E2%80%9D>
Posted in recall elections<http://electionlawblog.org/?cat=11>

Congratulations to Ciara Torres-Spelliscy<http://electionlawblog.org/?p=90320>
Posted on January 6, 2017 8:34 am<http://electionlawblog.org/?p=90320> by Rick Hasen<http://electionlawblog.org/?author=3>
Elected as next year’s chair of the Election Law section of the AALS.
Congrats!
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90320&title=Congratulations%20to%20Ciara%20Torres-Spelliscy>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“The Coming Speech Wars Online”<http://electionlawblog.org/?p=90318>
Posted on January 6, 2017 8:28 am<http://electionlawblog.org/?p=90318> by Rick Hasen<http://electionlawblog.org/?author=3>
Paul Jossey <http://www.nationalreview.com/article/443613/internet-censorship-free-speech-government-social-media-federal-election-commission> in the National Review:
The Internet is an incredible human achievement. It has done more to ensure freedom and human rights than any government agency ever could. But such freedom is insecure when would-be censors exist either inside or outside government. We can guard against them by ensuring that government policy and technological processes preserve the right to speak, offend, ridicule, hate, or lie without sanction.
Congress should codify Internet freedom — as in many important respects it already did when it passed the Communications Decency Act in 1996 — by amending the FEC’s enabling statute. Further rulemaking on the scope of the Internet exemption granted by the FEC would reduce the power of recalcitrant agencies to ignore it.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“New pro-Trump political group readies for launch”<http://electionlawblog.org/?p=90316>
Posted on January 6, 2017 8:15 am<http://electionlawblog.org/?p=90316> by Rick Hasen<http://electionlawblog.org/?author=3>
Politico:<http://www.politico.com/story/2017/01/new-pro-trump-political-group-readies-for-launch-233263>
But day-to-day operational control of the group, which will be organized as a 501(c)4 nonprofit, is expected to lie with Parscale, who was given authority to take charge by Jared Kushner, Trump’s influential son-in-law. Inside Trump’s orbit, there has been a tug-of-war for weeks over who would control<http://www.politico.com/story/2016/12/donald-trump-nonprofit-group-232798> this outside entity — and with it the potential to tap into millions of dollars from both small and large donors….
The group is modeled after the nonprofit that backers of President Obama created after the 2008 campaign, a concept that was pushed heavily by Kellyanne Conway, Trump’s former campaign manager who is joining the White House as counselor to the president. Conway had initially been expected to take an official role at the outside group; her decision to forgo that position was one of the matters that top Trump officials aimed to address this week.
See my Dec. 6 post, When President Trump Forms a Non-Disclosing 501c4 to Support His Agenda, Say “Thanks Obama”<http://electionlawblog.org/?p=89741>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, tax law and election law<http://electionlawblog.org/?cat=22>

Taxpayer in Kettering, Ohio Goes After Presidential Elector, Saying By Voting He Vacated City Council Seat<http://electionlawblog.org/?p=90314>
Posted on January 5, 2017 6:42 pm<http://electionlawblog.org/?p=90314> by Rick Hasen<http://electionlawblog.org/?author=3>
Release.<http://www.chandralaw.com/blog/2017/01/kettering-taxpayer-demands-city-council-declare-that-councilmember-vacated-his-seat-by-serving-as-pr.shtml>

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Posted in electoral college<http://electionlawblog.org/?cat=44>

“Iowa’s top election official announces voter ID bill”<http://electionlawblog.org/?p=90312>
Posted on January 5, 2017 6:09 pm<http://electionlawblog.org/?p=90312> by Rick Hasen<http://electionlawblog.org/?author=3>
AP<https://www.yahoo.com/news/iowas-top-election-official-announces-voter-id-bill-232539114.html?ref=gs>:
 Iowa will require voters to show identification at the polls under a bill announced Thursday by the state’s top election official, and Republicans in the new GOP-controlled Legislature have indicated a willingness to pass it.
The legislation mirrors voter ID bills introduced in Republican-controlled statehouses around the United States in recent years and comes just weeks after President-elect Donald Trump questioned — with no evidence — the integrity of voting in the presidential election.
“We just want to ensure that voters are who they say they are,” Iowa Secretary of State Paul Pate said in releasing details.
Pate’s office said a draft of the bill was not available yet, but included a plan to require Iowa residents to show an Iowa driver’s license, passport or other approved form of ID to vote. The office would distribute free state-issued IDs to existing registered voters, according to Pate, though his office is seeking $1 million to help make that happen.
The bill would also prohibit college students from using school-issued IDs to vote. The counties that house Iowa’s three public universities were some of the handful of counties that voted for Democrat Hillary Clinton in the Nov. 8 election.
But of course.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>

AZ SOS Reagan May Try to Grab Power from Local AZ Election Administrators<http://electionlawblog.org/?p=90310>
Posted on January 5, 2017 2:32 pm<http://electionlawblog.org/?p=90310> by Rick Hasen<http://electionlawblog.org/?author=3>
The Arizona Center for Investigative Reporting reports<http://www.gvnews.com/news/secretary-of-state-floats-election-law-overhaul-pima-county-incredulous/article_c85f4cfe-d38a-11e6-860c-432df092ce72.html>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90310&title=AZ%20SOS%20Reagan%20May%20Try%20to%20Grab%20Power%20from%20Local%20AZ%20Election%20Administrators>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Judges block NC elections board overhaul as Roy Cooper’s lawsuit pends”<http://electionlawblog.org/?p=90308>
Posted on January 5, 2017 2:16 pm<http://electionlawblog.org/?p=90308> by Rick Hasen<http://electionlawblog.org/?author=3>
News & Observer:<http://www.newsobserver.com/news/politics-government/article124742669.html>
A three-judge panel ruled on Thursday to uphold Gov. Roy Cooper’s request to block a revamp of the state elections board while his lawsuit makes its way through the courts.
In the first hearing before the panel of judges assigned to the case this week<http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article124502699.html>, Greensboro attorney Jim Phillips argued for Cooper that a law adopted by the General Assembly in one of its special sessions last month violates the constitutional separation of powers.
It was a similar argument to one made last week by Phillips on the eve of the date the law would have disbanded the five-member state Board of Elections and passed its duties to the state Ethics Commission.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90308&title=%E2%80%9CJudges%20block%20NC%20elections%20board%20overhaul%20as%20Roy%20Cooper%E2%80%99s%20lawsuit%20pends%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“A House rules change you didn’t hear much about — and prosecutors won’t like”<http://electionlawblog.org/?p=90306>
Posted on January 5, 2017 2:11 pm<http://electionlawblog.org/?p=90306> by Rick Hasen<http://electionlawblog.org/?author=3>
Open Secrets:<https://www.opensecrets.org/news/2017/01/house-rules-change-didnt-hear-about/>
The Office of Congressional Ethics was saved from the landfill  — where House Republicans had tried to bury it — by public outcry and a couple of tweets from President-elect Donald Trump<https://twitter.com/realDonaldTrump/status/816298944456232960>.
But few noticed a sentence that did make it into the package of House rules changes passed Tuesday, making it more difficult to access documents having to do with the operations of a lawmaker’s office.
“Records created, generated, or received by the congressional office of a Member … are exclusively the personal property of the individual Member [emphasis added]… and such Member … has control over such records.”
Who cares whether a congressional office’s budget documents<https://cha.house.gov/handbooks/members-congressional-handbook#Members-Handbook-Office-Expenses>, maintained at taxpayer expense, belong to each individual member, rather than Congress as a body?
Maybe the Justice Department, for one. In investigating allegations of public corruption or misuse of funds, criminal investigators frequently need to subpoena such records.
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Posted in ethics investigations<http://electionlawblog.org/?cat=42>, legislation and legislatures<http://electionlawblog.org/?cat=27>

Dilatory 3-Judge Court in Texas Redistricting Case Says to Plaintiffs: You’ll Get the Opinion When We are Ready<http://electionlawblog.org/?p=90304>
Posted on January 5, 2017 1:43 pm<http://electionlawblog.org/?p=90304> by Rick Hasen<http://electionlawblog.org/?author=3>
Order:
Text Order DENYING [1338] Motion for Entry of Judgment under Rule 54(b) entered by Judge Xavier Rodriguez. This case involves a voluminous record. As movants acknowledge within this motion, “The litigants in this cause have had two trials totaling hundreds of hours of testimony and thousands of pages of exhibits and evidence. All pending issues have been briefed extensively.” In terms of the record alone, this case includes: over 1300 docket entries, including pleadings, lengthy post-trial briefs, reply briefs, supplemental briefs, proposed fact findings, proposed conclusions of law, argument summaries, and Powerpoint presentations from each of the parties in this case (the post-trial briefs and proposed fact findings and conclusions of law from just two of the many parties–Plaintiff Latino Redistricting Task Force and Intervenor United States–total over 1,000 pages); over 10,000 pages of transcripts (including 6,850 pages of transcripts from the trials in this case, not including the interim plan proceedings or any other hearings, thirteen agreed lay witness depositions entered into evidence totaling almost 1,800 pages, and twelve agreed expert witness depositions entered into evidence totaling almost 1,400 pages); approximately 3,000 exhibits, many of which are hundreds of pages long and include numerous lengthy reports, supplemental reports, and rebuttal reports from the twenty-one expert witnesses in this case; as well as numerous disputed proposed deposition excerpts and offers of proof. The relevant case law contains too many pages to count. The Court continues to diligently work through this voluminous record and the complex legal questions presented in this case and will issue an opinion as soon as possible.
My earlier coverage is here.<http://electionlawblog.org/?p=90206>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90304&title=Dilatory%203-Judge%20Court%20in%20Texas%20Redistricting%20Case%20Says%20to%20Plaintiffs%3A%20You%E2%80%99ll%20Get%20the%20Opinion%20When%20We%20are%20Ready>
Posted in redistricting<http://electionlawblog.org/?cat=6>

“Analysis: Dithering federal judges asked to rule on Texas political maps”<http://electionlawblog.org/?p=90302>
Posted on January 5, 2017 10:09 am<http://electionlawblog.org/?p=90302> by Rick Hasen<http://electionlawblog.org/?author=3>
Ross Ramsey<https://www.texastribune.org/2017/01/04/analysis-dithering-judges-asked-rule-texas-politic/> for the Texas Tribune.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90302&title=%E2%80%9CAnalysis%3A%20Dithering%20federal%20judges%20asked%20to%20rule%20on%20Texas%20political%20maps%E2%80%9D>
Posted in redistricting<http://electionlawblog.org/?cat=6>

“Jeff Sessions Becomes One of Few Presidential Nominees Ever Opposed by Common Cause in 46 Years”<http://electionlawblog.org/?p=90300>
Posted on January 5, 2017 8:57 am<http://electionlawblog.org/?p=90300> by Rick Hasen<http://electionlawblog.org/?author=3>
Release<http://www.commoncause.org/press/press-releases/jeff-sessions-becomes-one-of-few-presidential-nominees-opposed-by-common-cause-in-46-years.html>:
Today, Common Cause announced it opposition to the nomination of Sen. Jefferson Beauregard “Jeff” Sessions III (R-AL) to serve as U.S. Attorney General, deeming him unfit to serve as the nation’s top law enforcement officer. Senator Sessions has for decades been an outspoken critic of the Voting Rights Act, one of this country’s most critical pieces of civil and voting rights legislation, which paved the way for an inclusive democracy.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90300&title=%E2%80%9CJeff%20Sessions%20Becomes%20One%20of%20Few%20Presidential%20Nominees%20Ever%20Opposed%20by%20Common%20Cause%20in%2046%20Years%E2%80%9D>
Posted in Department of Justice<http://electionlawblog.org/?cat=26>, Voting Rights Act<http://electionlawblog.org/?cat=15>

NC Litigation Over Legislative Changes to Board of Elections<http://electionlawblog.org/?p=90295>
Posted on January 5, 2017 8:55 am<http://electionlawblog.org/?p=90295> by Richard Pildes<http://electionlawblog.org/?author=7>
Yesterday, as this blog noted<http://electionlawblog.org/?p=90270>, Governor Cooper filed his brief in his effort to block the last-minute changes the North Carolina legislature made to abolish the existing state board of elections and replace it with a newly configured one.
The legal theory on which the Governor’s challenge is based is that this change violates North Carolina constitutional provisions regarding the State’s separation of powers.  Quoting a recent North Carolina Supreme Court decision, the core of the Governor’s argument is that the new appointments process for the Board interferes with the Governor’s powers to execute the laws: “The separation of powers clause plainly and clearly does not allow the General Assembly to take this much control over the execution of the laws from the Governor and lodge it with itself.”
I wanted to flag the basis for the legal challenge because commentators frequently rush to conclude that the most likely and most effective way to challenge changes to laws that affect the voting process is to invoke the federal Voting Rights Act or federal constitutional provisions.  But as this brief shows, the lawyers who litigate these cases have a greater range of legal tools available, and not infrequently conclude there are more effective ways to attempt to challenge certain types of changes to the electoral process.  Of course, whether the Governor will ultimately prevail here remains to be seen.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90295&title=NC%20Litigation%20Over%20Legislative%20Changes%20to%20Board%20of%20Elections>
Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, election law and constitutional law<http://electionlawblog.org/?cat=55>

“Drain the Swamp: Conflicts of Interest, Lobbying, and Corruption Solutions to Restore Trust in Government that Works for Americans”<http://electionlawblog.org/?p=90297>
Posted on January 5, 2017 8:55 am<http://electionlawblog.org/?p=90297> by Rick Hasen<http://electionlawblog.org/?author=3>
Release:<https://www.americanprogress.org/press/release/2017/01/05/295949/release-cap-presents-drain-the-swamp-solutions-for-conflicts-of-interest-lobbying-and-corruption-to-restore-trust-in-government/>
Today, the Center for American Progress released a new report to address the threats to representative self-government inherent in special interest lobbying, revolving door politics, corruption of public service, and lax ethics and contracting oversight, as well as the major danger of direct conflicts of interest. These solutions are a starting point to restore trust in government that works for all Americans—not just wealthy special interests.
The report comes after a presidential campaign that centered on political corruption and raised demands to “drain the swamp,” and at a time when much of the country’s attention—and that of members of Congress—is tuned into issues of ethics and conflicts of interest, especially as it concerns President-elect Donald Trump and several of his cabinet nominees, including executives of some of the largest corporations and billionaires who supported his presidential campaign. As the report notes, CAP research shows that far too many Americans currently share the view that government is run by and for wealthy and powerful special interests, believing that “a few big interests looking out for themselves” are controlling government.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90297&title=%E2%80%9CDrain%20the%20Swamp%3A%20Conflicts%20of%20Interest%2C%20Lobbying%2C%20and%20Corruption%20Solutions%20to%20Restore%20Trust%20in%20Government%20that%20Works%20for%20Americans%E2%80%9D>
Posted in bribery<http://electionlawblog.org/?cat=54>, campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>, conflict of interest laws<http://electionlawblog.org/?cat=20>, ethics investigations<http://electionlawblog.org/?cat=42>
--
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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