[EL] ELB News and Commentary 1/26/17

Wed Jan 25 19:39:28 PST 2017

Why the New York Times Called Pres. Trump’s False Voter Fraud Claims a “Lie”<http://electionlawblog.org/?p=90675>
Posted on January 25, 2017 7:26 pm<http://electionlawblog.org/?p=90675> by Rick Hasen<http://electionlawblog.org/?author=3>
Dan Barry<https://www.nytimes.com/2017/01/25/business/media/donald-trump-lie-media.html?ref=politics>:
Some news organizations used words like “falsely” or “wrongly” — adverbs that tend to weaken the impact — in framing what the president said. Some used “with no evidence,” or “won’t provide any proof,” or “unverified claims,” or “repeats debunked claim.”
The New York Times, though, ultimately chose more muscular terminology, opting to use the word “lie” in the headline. After initially using the word “falsely,” it switched to “lie” online and then settled on “Meeting With Top Lawmakers, Trump Repeats an Election Lie” for Tuesday’s print edition….
Dean Baquet, the executive editor of The Times, said that he learned of Mr. Trump’s latest comments in a text message from an editor on Monday night. After consulting with other top editors, he decided that the use of “lie” was warranted.
For Mr. Baquet, the question of intent was resolved, given that Mr. Trump had made the same assertion two months earlier through his preferred mode of communication, the tweet: “In addition to winning the Electoral College in a landslide, I won the popular vote if you deduct the millions of people who voted illegally.”….
Mr. Baquet said he fully understood the gravity of using the word “lie,” whether in reference to an average citizen or to the president of the United States. He emphasized that it should be used sparingly, partly because the term carries such negative connotations, and partly so that it does not lose potency.
“On the other hand, we should be letting people know in no uncertain terms that it’s untrue,” Mr. Baquet said, referring to the president’s assertion of a voter-fraud epidemic. “He repeated it without a single grain of evidence, and it’s a very powerful statement about the electoral system.”
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Trump’s call for election-fraud probe fraught with peril”<http://electionlawblog.org/?p=90672>
Posted on January 25, 2017 7:16 pm<http://electionlawblog.org/?p=90672> by Rick Hasen<http://electionlawblog.org/?author=3>
Important Josh Gerstein<http://www.politico.com/story/2017/01/trump-voter-fraud-234183> in Politico:
President Donald Trump has put himself in a vexing position with his promise of a “major” voter fraud investigation, with little chance of proving his unsubstantiated claim that millions voted illegally in November and a high probability the effort will be panned as a fruitless political exercise.
If Trump tries to kickstart an aggressive criminal investigation, he is sure to fuel charges he is politicizing the Justice Department. If instead he chooses a more modest blue-ribbon-panel-style inquiry, Trump is likely to have trouble attracting prominent Democrats who could give the effort more legitimacy.
 Former Justice Department officials warned Wednesday that conducting a presidentially-directed, wide-scale probe into election fraud would put top lawyers there in the uncomfortable position of having to pass judgment on a claim repeatedly leveled by Trump, but lacking in evidence: that 3-5 million people voted illegally in the election that delivered him to the White House.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Trump’s absurd claim the 2012 Pew report researcher was ‘groveling”<http://electionlawblog.org/?p=90670>
Posted on January 25, 2017 7:08 pm<http://electionlawblog.org/?p=90670> by Rick Hasen<http://electionlawblog.org/?author=3>
Four Pinnocchios.<https://www.washingtonpost.com/news/fact-checker/wp/2017/01/25/trumps-absurd-claim-the-2012-pew-report-researcher-was-groveling/?utm_term=.2861ee9a9d0b>
Pam Fessler<https://twitter.com/pamelafessler/status/824453070625112064>: “I’ve interviewed Becker for years about this Pew report. He’s ALWAYS said it’s about clean voter rolls not fraud.”
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Author of Trump’s Favorite Voter Fraud Study Says Everyone’s Wrong”<http://electionlawblog.org/?p=90668>
Posted on January 25, 2017 5:33 pm<http://electionlawblog.org/?p=90668> by Rick Hasen<http://electionlawblog.org/?author=3>
Wired:<https://www.wired.com/2017/01/author-trumps-favorite-voter-fraud-study-says-everyones-wrong/>
JESSE RICHMAN USED to be one of those researchers who only dreamed his work might someday capture national attention—maybe even inspire some sort of systemic change. On Ratemyprofessor.com, his students describe him as tough but fair, a “genius” who was liberal with extra credit projects and went out of his way to offer help.
In 2014, Richman’s world changed when he co-authored a paper<http://www.judicialwatch.org/wp-content/uploads/2014/10/Do-Non-Citizens-Vote-in-US-Elections-Richman-et-al.pdf> on voter fraud that instantly caught fire. At first, he was energized by all the buzz and proud to get his work published. Now, he says, “there are days I wish I hadn’t.”
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Despite Criticism Of Claims, Trump Seeks Investigation Into Voter Fraud”<http://electionlawblog.org/?p=90666>
Posted on January 25, 2017 5:27 pm<http://electionlawblog.org/?p=90666> by Rick Hasen<http://electionlawblog.org/?author=3>
Pam Fessler<http://www.npr.org/2017/01/25/511655860/despite-criticism-of-claims-trump-seeks-investigation-into-voter-fraud> for NPR.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

AZ: “County recorders call relationship with Secretary of State ‘dire’”<http://electionlawblog.org/?p=90664>
Posted on January 25, 2017 5:22 pm<http://electionlawblog.org/?p=90664> by Rick Hasen<http://electionlawblog.org/?author=3>
Arizona Center for Investigative Reporting:<http://azcir.org/news/2017/01/25/county-recorders-call-relationship-with-secretary-of-state-dire/>
Arizona’s 15 county recorders this week delivered a letter to Secretary of State Michele Reagan in which they said communication between their offices and hers is “in a dire state” because state Election Director Eric Spencer has been “ineffective and disrespectful.”
The county recorders said in the Jan. 23 letter<https://www.documentcloud.org/documents/3417381-Recorders-Letter.html> that Spencer has been verbally abusive, “rude” and “dismissive” of questions posed to him by the recorders and their staffs. In one instance, they wrote, Spencer said the recorders were “incompetent,” and that he has refused to answer “questions of critical importance posed by those same elections officials.”
The recorders also said Spencer has neglected statutory obligations and created legal and ethical conflicts with his demands that recorders remove voters from registration rolls.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Video of CA SOS Alex Padilla and Me on PBS News Hour Talking About Trump Call for Voter Fraud Investigation<http://electionlawblog.org/?p=90661>
Posted on January 25, 2017 4:31 pm<http://electionlawblog.org/?p=90661> by Rick Hasen<http://electionlawblog.org/?author=3>
Watch.<http://www.pbs.org/newshour/videos/#204990>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Trump wants look at already-investigated voter fraud claims”<http://electionlawblog.org/?p=90659>
Posted on January 25, 2017 3:43 pm<http://electionlawblog.org/?p=90659> by Rick Hasen<http://electionlawblog.org/?author=3>
McClatchy<http://www.miamiherald.com/news/politics-government/article128732344.html>:
President Donald Trump wants to potentially spend tens of millions of taxpayer dollars to examine a problem that’s been proven over and over not to exist: systemic voter fraud.
Trump, in tweets Wednesday, announced that he’ll seek a “major investigation” into voter fraud, echoing his unsubstantiated claim that some 3 million to 5 million<https://www.washingtonpost.com/news/post-politics/wp/2017/01/23/at-white-house-trump-tells-congressional-leaders-3-5-million-illegal-ballots-cost-him-the-popular-vote/?utm_term=.c2f69781cbdb> people voted illegally in November’s election, helping to propel Democrat Hillary Clinton to a big popular-vote advantage.
The president’s fraud claim is emphatically rebuffed by the nation’s secretaries of states, who monitor elections, as well as reams of government and academic studies that say that occurrences of voter fraud are infinitesimal.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“28 things to remember about Trump’s ‘investigation into voter fraud’”<http://electionlawblog.org/?p=90657>
Posted on January 25, 2017 3:23 pm<http://electionlawblog.org/?p=90657> by Rick Hasen<http://electionlawblog.org/?author=3>
Philip Bump<https://www.washingtonpost.com/news/politics/wp/2017/01/25/28-things-to-remember-about-trumps-investigation-into-voter-fraud/?utm_term=.9e985dc109a7> for The Fix.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Trump’s Voter Fraud Example? A Troubled Tale With Bernhard Langer”<http://electionlawblog.org/?p=90655>
Posted on January 25, 2017 3:21 pm<http://electionlawblog.org/?p=90655> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<https://www.nytimes.com/2017/01/25/us/politics/trump-bernhard-langer-voting-fraud.html?_r=0>
The three witnesses recall the story this way: Mr. Langer, a 59-year-old native of Bavaria, Germany — a winner of the Masters twice and of more than 100 events on major professional golf tours around the world — was standing in line at a polling place near his home in Florida on Election Day, the president explained, when an official informed Mr. Langer he would not be able to vote.
Top of Form
Bottom of Form
Ahead of and behind Mr. Langer were voters who did not look as if they should be allowed to vote, Mr. Trump said, according to the staff members — but they were nonetheless permitted to cast provisional ballots. The president threw out the names of Latin American countries that the voters might have come from.
Mr. Langer, whom he described as a supporter, left feeling frustrated, he said….
Just one problem: Mr. Langer, who lives in Boca Raton, Fla., is a German citizen with permanent residence status in the United States who is, by law, barred from voting, according to Mr. Langer’s daughter Christina.
“He is a citizen of Germany,” she said, when reached on her father’s cellphone. “He is not a friend of President Trump’s, and I don’t know why he would talk about him.”
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Court Rules Electronic Ballot Images & Voting Records Are Subject To State FOIL”<http://electionlawblog.org/?p=90653>
Posted on January 25, 2017 3:14 pm<http://electionlawblog.org/?p=90653> by Rick Hasen<http://electionlawblog.org/?author=3>
Jeff Wice:<https://nyelectionsnews.wordpress.com/2017/01/25/court-rules-electronic-ballot-images-voting-records-are-subject-to-state-foil/>
NY State Supreme Court Justice Martin D. Auffredo (Essex County) has ruled in Kosmider v. Whitney et al.  This is a significant ruling holding that copies of electronic ballot images and cast vote records are subject to the state’s Freedom of Information Law. The decision is not only historic for election administration in New York, but should  be of interest nationwide and internationally to those promoting transparency, accuracy and verification of election results.
A copy of the decision can be read here: kosmider-v-whitney-decision<https://nyelectionsnews.files.wordpress.com/2017/01/kosmider-v-whitney-decision.pdf>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Politifact Rates as “False” Sean Spicer Claim that Pew Study Supports Argument of High Rate of Noncitizen Voting<http://electionlawblog.org/?p=90651>
Posted on January 25, 2017 3:11 pm<http://electionlawblog.org/?p=90651> by Rick Hasen<http://electionlawblog.org/?author=3>
Here. <http://www.politifact.com/truth-o-meter/statements/2017/jan/25/sean-spicer/sean-spicer-wrongly-uses-pew-study-bolster-claim-n/>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“First on CNN: Democrats prepare to battle Trump on voting access”<http://electionlawblog.org/?p=90649>
Posted on January 25, 2017 3:10 pm<http://electionlawblog.org/?p=90649> by Rick Hasen<http://electionlawblog.org/?author=3>
CNN:<http://www.cnn.com/2017/01/25/politics/democrats-voter-manipulation-donald-trump/index.html>
Priorities USA, the largest Democratic super PAC and a key Clinton backer in 2016, is aiming to turn its nonprofit arm into the party’s major hub to fight for voting access.
Elias, who was the Hillary Clinton campaign’s attorney, is joining the Priorities USA board of directors and the organization is absorbing Every Citizen Counts, which spent $17 million in 2016 on Elias-led legal challenges to what it saw as restrictive voting laws in North Carolina, Wisconsin, Ohio and Virginia.
In addition to backing Elias’s efforts, Priorities USA is also building a national database that’s intended to serve as a one-stop inventory of restrictive voting measures which will be shared with other progressive organizations. And it plans to launch social advocacy campaigns around its efforts to fight those measures. The group soon plans to bring on more staff to support the effort.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Trump’s voter fraud lies: The damage they do”<http://electionlawblog.org/?p=90647>
Posted on January 25, 2017 3:07 pm<http://electionlawblog.org/?p=90647> by Rick Hasen<http://electionlawblog.org/?author=3>
Josh Douglas<http://www.cnn.com/2017/01/25/opinions/trump-spicer-voter-fraud-lies-douglas-opinion/> for CNN Opinion.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

How Much Double Voting Across Two States? Not Much<http://electionlawblog.org/?p=90645>
Posted on January 25, 2017 3:04 pm<http://electionlawblog.org/?p=90645> by Rick Hasen<http://electionlawblog.org/?author=3>
See this working paper<https://www.dropbox.com/s/fokd83nn4x6wuw9/OnePersonOneVote.pdf?dl=0> by Goel, Meredith, Morse, Rothschild, and Shirani-Mehr. Abstract:
There are more than two million cases in a national voter
le in which 2012 vote records share a common fi
rst name, last name, and date of birth. We develop a probabilistic birthdate model to estimate how many of these cases represent the same person voting twice. If voter
les are a completely accurate account of who voted, we estimate about 0.02% of the votes cast in 2012 were double votes. An audit of poll books, however, suggests that many of these apparent double votes represent measurement error when recording turnout in voter
les. Nevertheless, concerns about double voting have led many states to participate in the Interstate Crosscheck Program, which promotes purging registration records that share a common name and date of birth. We fi
nd their proposed purging strategy would eliminate about 200 registrations used to cast legitimate votes for every one registration used to cast a double vote.

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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Pres. Trump Says “None” of the Supposed Millions of Fraudulent Votes Were for Him, Accuses David Becker of “Groveling”<http://electionlawblog.org/?p=90643>
Posted on January 25, 2017 2:57 pm<http://electionlawblog.org/?p=90643> by Rick Hasen<http://electionlawblog.org/?author=3>
Remarkable clip.<http://abcnews.go.com/Politics/president-trump-tells-abc-news-david-muir-alleged/story?id=45047764>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90643&title=Pres.%20Trump%20Says%20%E2%80%9CNone%E2%80%9D%20of%20the%20Supposed%20Millions%20of%20Fraudulent%20Votes%20Were%20for%20Him%2C%20Accuses%20David%20Becker%20of%20%E2%80%9CGroveling%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Obama’s DOJ Fought Texas Voter ID Law. Trump’s New Civil Rights Chief Offered Tips On Writing It.”<http://electionlawblog.org/?p=90641>
Posted on January 25, 2017 11:40 am<http://electionlawblog.org/?p=90641> by Rick Hasen<http://electionlawblog.org/?author=3>
Ryan Reilly<http://www.huffingtonpost.com/entry/civil-rights-division-trump-texas-voter-id_us_5887a75fe4b098c0bba6f72d?8i9n4nvbjzs2it3xr> for HuffPo:
Under President Barack Obama, the Justice Department spent the better part of a decade battling a strict voter ID law in Texas, which several federal judges found to be discriminatory. Now, in the Trump era, the acting head of the department’s Civil Rights Division is a Republican attorney who offered Texas officials guidance as they wrote the disputed law.
Thomas E. Wheeler, an Indiana lawyer who previously served as general counsel to Vice President Mike Pence when Pence was governor of Indiana, was named the acting head of the Civil Rights Division this week. For the time being, he is the person charged with overseeing the implementation of federal law on issues like voting, police conduct<http://www.huffingtonpost.com/entry/obama-justice-department-civil-rights-division_us_586eb67ae4b099cdb0fc4e24>, housing discrimination and disability rights. He heads a division full of employees with big worries<http://www.huffingtonpost.com/entry/trump-doj-civil-rights_us_582a189be4b060adb56fb8c7?zrwvac0t1n990ms4i> about the future of civil rights enforcement.
The Obama Justice Department had taken the position that the 2011 Texas law ― signed by former governor and likely Trump Cabinet member Rick Perry ― not only discriminated, but was passed explicitly to discriminate<https://static.texastribune.org/media/documents/US_discriminatory_.pdf>, against black and Latino voters. The latest step in the convoluted legal battle was set to be a hearing before a federal judge on Jan. 23, this past Monday.
Then, hours after President Donald Trump’s inauguration last week, the Justice Department asked for a delay<http://www.huffingtonpost.com/entry/department-of-justice-voter-id_us_58829050e4b096b4a231d7af> in the case due to the change in administration, likely to give the department’s new leaders time to re-evaluate its position. But Wheeler won’t be involved in that decision. A Justice Department official told The Huffington Post that Wheeler is recused from the case.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Kobach says he advised Trump on voter fraud probe, immigration orders”<http://electionlawblog.org/?p=90639>
Posted on January 25, 2017 11:21 am<http://electionlawblog.org/?p=90639> by Rick Hasen<http://electionlawblog.org/?author=3>
Bryan Lowry:<http://www.kansas.com/news/politics-government/article128687579.html>
Kansas Secretary of State Kris Kobach said Wednesday that he advised President Trump to investigate voter fraud and played a role in the early writing of anticipated executive orders on immigration policy.
Trump promised in a pair of tweets to pursue “a major investigation <http://www.kansas.com/news/politics-government/article128615689.html> into VOTER FRAUD” Wednesday morning and pointed to people registered in multiple states as one area that he wants to investigate.
Kobach, the only secretary of state in the nation with prosecutorial power, has filed nine cases against people accused of voting in more than one state. Six resulted in guilty pleas, one was dismissed and two remain pending.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Column: Does Stephen Bannon live in Sarasota County? Because he’s registered to vote here”<http://electionlawblog.org/?p=90637>
Posted on January 25, 2017 9:58 am<http://electionlawblog.org/?p=90637> by Rick Hasen<http://electionlawblog.org/?author=3>
Herald Tribune:<http://www.heraldtribune.com/news/20170124/column-does-stephen-bannon-live-in-sarasota-county-because-hes-registered-to-vote-here>
One of the most powerful men in America happens to be a resident of Sarasota County. We think. His name is Stephen K. Bannon, the scruffy-faced senior adviser to our new president. Maybe you’ve heard of him. But has anyone actually seen him?
In particular, has anyone ever seen him at 3108 Casey Key Road, though probably not asking neighbor Stephen King to borrow a cup of sugar, considering King once wrote on Twitter: “My newest horror story. Once upon a time there was a man named Donald Trump and he ran for president.”
Anyway, this is where Bannon lives, or is supposed to live, still, according to the Sarasota County Supervisor of Elections office. It’s the address listed on his voter registration form, effective Aug. 25.
There is only problem: Bannon is also registered to vote in New York City, listing a home address on West 40th Street, and according to a spokesman for the New York State Board of Elections, he voted there in November by absentee ballot.
WaPo: Donald Trump’s defintion of ‘voter fraud’ will apparently ensnare his own top adviser<https://www.washingtonpost.com/news/the-fix/wp/2017/01/25/donald-trumps-defintion-of-voter-fraud-will-apparently-ensnare-his-own-top-adviser/?postshare=1221485366684342&tid=ss_tw&utm_term=.9f7c26f67130>
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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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