[EL] ELB News and Commentary 7/7/17

Thu Jul 6 21:04:46 PDT 2017

Katy Tur-Ken Blackwell Tussle over Justin Levitt’s Study of Voter Impersonation Fraud<http://electionlawblog.org/?p=93648>
Posted on July 6, 2017 9:01 pm<http://electionlawblog.org/?p=93648> by Rick Hasen<http://electionlawblog.org/?author=3>
Must-see TV.<http://www.businessinsider.com/nbc-news-interview-trump-voter-fraud-commission-goes-off-the-rails-2017-7>
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Trump voter commission to store data on White House computers under Pence staff direction”<http://electionlawblog.org/?p=93646>
Posted on July 6, 2017 8:58 pm<http://electionlawblog.org/?p=93646> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/local/public-safety/trump-voter-commission-discloses-names-of-members-plan-to-store-data-at-white-house/2017/07/06/74e454ae-625d-11e7-84a1-a26b75ad39fe_story.html?utm_term=.a636f6b43e6d>
The Trump administration announced plans to keep voter roll data it has requested from all 50 states and the District on White House computers under the direction of a member of Vice President Pence’s staff, it told a federal judge Thursday.
The disclosure of the White House role came in a government filing required in a lawsuit by the Electronic Privacy Information Center, a watchdog organization that has asked a federal judge in Washington to block the requests for voter data until the impact on Americans’ privacy can be fully assessed.
A decision on the request for a temporary restraining order by U.S. District Judge Colleen Kollar-Kotelly is expected as early as Friday afternoon.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“What the federal government can get from your voter file”<http://electionlawblog.org/?p=93644>
Posted on July 6, 2017 5:49 pm<http://electionlawblog.org/?p=93644> by Rick Hasen<http://electionlawblog.org/?author=3>
Tal Koppan <http://www.cnn.com/2017/07/05/politics/voter-roll-privacy-kobach-pence-commission/index.html> with a very good CNN explainer.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Pence’s Office Says Borunda Quit Pence-Kobach Commission Because of “Workload,” But He’s Not Talking<http://electionlawblog.org/?p=93642>
Posted on July 6, 2017 5:34 pm<http://electionlawblog.org/?p=93642> by Rick Hasen<http://electionlawblog.org/?author=3>
From the Christopher Ingraham profile<https://www.washingtonpost.com/news/wonk/wp/2017/07/06/here-are-the-first-10-members-of-trumps-voter-fraud-commission/?utm_term=.be6f62138a4d> of the Pence-Kobach members:
Earlier this week, following the commission’s voter data request, Borunda resigned from the committee<http://www.baltimoresun.com/news/maryland/politics/bs-md-borunda-resigns-trump-20170703-story.html> without explanation. He declined to comment to The Post on his reasons for doing so.
A spokesman for Pence said via email that “[Borunda] cited the workload would be too much. Wants to focus on his duties as deputy Secretary of State.”
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

Important Celeste Katz: “The election commission’s woes are Mike Pence’s problem now”<http://electionlawblog.org/?p=93640>
Posted on July 6, 2017 5:14 pm<http://electionlawblog.org/?p=93640> by Rick Hasen<http://electionlawblog.org/?author=3>
Mic:<https://mic.com/articles/181582/the-election-commissions-woes-are-mike-pences-problem-now?utm_campaign=ckatz+twitter&utm_content=buffer24f80&utm_medium=social&utm_source=twitter.com#.ia8Abop1g>
This is hardly the first time<https://mic.com/articles/155862/beneath-mike-pence-s-smooth-debate-performance-there-s-a-deeper-problem-for-trump#.Y3K61i3m9> Pence, who didn’t even have the current president as his first choice<https://mic.com/articles/142258/mike-pence-s-low-key-endorsement-of-ted-cruz-shows-why-cruz-is-in-trouble#.e6lAkkmlW> for GOP<https://mic.com/topic/gop> nominee last year, has had to use the skills he gleaned from years in both media and radio to defend Trump’s positioning.
Darrell West, vice president and director of governance studies at the Brookings Institution, said on Thursday that Pence has to take responsibility “because he is the formal chair” of the group.
“[Members of Pence’s team] are the ones guiding the effort and pushing for further analysis,” West said. “They clearly see this as a vehicle to crack down on fraud and enact more stringent voter-suppression rules in the future. People should not ignore Pence in all the discussion over Kobach, because he also has spoken about fraud and exaggerated its scope and impact.”
Larry Sabato of the University of Virginia’s Center for Politics said in an email interview that it was “absolutely” Pence’s problem.
“He knows very well that there is nothing to Trump’s claim of 3 to 5 million illegal votes, or even any substantial vote fraud in 2016,” Sabato said. “Yet he’ll have to find a way to create enough doubt about fraud to please the boss and give Trump enough ‘facts’ to justify his bluster.”
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

Slate Talks to Michael McDonald About Pence-Kobach<http://electionlawblog.org/?p=93638>
Posted on July 6, 2017 2:57 pm<http://electionlawblog.org/?p=93638> by Rick Hasen<http://electionlawblog.org/?author=3>
Transcript.<http://www.slate.com/articles/news_and_politics/jurisprudence/2017/07/the_secret_goal_of_trump_s_voting_commission_is_to_gut_the_motor_voter_act.html>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Will Republicans Continue To Fight Trump’s Voter Fraud Commission When It Costs Them Something?”<http://electionlawblog.org/?p=93636>
Posted on July 6, 2017 2:41 pm<http://electionlawblog.org/?p=93636> by Rick Hasen<http://electionlawblog.org/?author=3>
Elie Mystal:<http://abovethelaw.com/2017/07/will-republicans-continue-to-fight-trumps-voter-fraud-commission-when-it-costs-them-something/>
You’ll note the dangerous assumption in Professor Hasen’s argument. He thinks “serious” Republicans and Democrats will have the backbone to stand up to the administration when it comes time for the commission to kill what it was put on this Earth to destroy. That’s wishful thinking, to my eyes. I have long passed the point where I expect any thoughtful resistance from elected Democrats and Republicans. If there is an aggrieved and easily confused white person out there, both parties have shown a willingness to sell the whole store to get that person’s vote.
But the refusal of states to fully comply with the Commission’s requests is really solid evidence for Professor Hasen’s hope. State elected officials are proud of their elections and committed to their integrity. They really might not roll over and let the federal government tell them that they’re all potentially corrupt. One has to take a step back and realize how INSANE it is for Trump to be questioning the integrity of an election that he’s already won, even as his campaign is being investigated for conspiring with a foreign government to steal it.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

Kobach Says He Didn’t Mean It When He Said Voting Rolls Would Be Publicly Disclosed<http://electionlawblog.org/?p=93632>
Posted on July 6, 2017 11:50 am<http://electionlawblog.org/?p=93632> by Rick Hasen<http://electionlawblog.org/?author=3>
Paragraph 5<https://epic.org/privacy/litigation/voter/epic-v-commission/EPIC-v-Commission-TRO-declaration-of-Kris-Kobach.pdf> in this declaration:
For voter roll data, I intended that the states use the Safe Access File Exchange (“SAFE”), which is a secure method of transferring large files up to two gigabytes (GB) in size. SAFE is a tested and reliable method of secure file transfer used routinely by the military for large, unclassified data sets. It also supports encryption by individual users. My letters state that “documents” submitted to the Commission will be made available to the public. That refers only to the narrative responses. With respect to voter roll data, the Commission intends to de-identify any such data prior to any public release of documents. In other words, the voter rolls themselves will not be released to the public by the Commission. The Commission intends to maintain the data on the White House computer system.
(My emphasis.)
The original letter<http://i2.cdn.turner.com/cnn/2017/images/06/30/peic.letter.to.maine%5B2%5D.pdf> certainly did not explain any of this:
You may submit your responses electronically to ElectionIntegrityStaff at ovp.eop.gov or by utilizing the Safe Access File Exchange (“SAFE”), which is a secure FTP site the federal government uses for transferring large data files. You can access the SAFE site at https://safe.amrdec.army.mil/safe/Welcome.aspx. We would appreciate a response by July 14, 2017. Please be aware that any documents that are submitted to the full Commission will also be made available to the public. If you have any questions, please contact Commission staff at the same email address.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Kobach in Filing Confirms Commission’s 10 Current Members (6 Rs, 4Ds), Says No Federal Agency Officials Under Consideration to Join<http://electionlawblog.org/?p=93630>
Posted on July 6, 2017 11:45 am<http://electionlawblog.org/?p=93630> by Rick Hasen<http://electionlawblog.org/?author=3>
Pleading.<https://www.documentcloud.org/documents/3889119-document-17906919.html>
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>

“Exit Interview: Verified Voting’s Pam Smith Smith weighing future options, but plans to stay involved”<http://electionlawblog.org/?p=93628>
Posted on July 6, 2017 11:37 am<http://electionlawblog.org/?p=93628> by Rick Hasen<http://electionlawblog.org/?author=3>
Pam’s work<http://www.electionline.org/index.php/electionline-weekly> has been so important, and with new threats the work of Verified Voting is more important than every.
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Posted in election law biz<http://electionlawblog.org/?cat=51>, voting technology<http://electionlawblog.org/?cat=40>

“Election Experts See Flaws in Trump Voter Commission’s Plan to Smoke Out Fraud”<http://electionlawblog.org/?p=93626>
Posted on July 6, 2017 10:58 am<http://electionlawblog.org/?p=93626> by Rick Hasen<http://electionlawblog.org/?author=3>
Jessica Huseman <https://www.propublica.org/article/election-experts-see-flaws-trump-voter-commissions-plan-to-smoke-out-fraud> for Pro Publica:
Vice President Mike Pence’s office has confirmed the White House commission on voter fraud intends to run the state voter rolls it has requested against federal databases to check for potential fraudulent registration. Experts say the plan is certain to produce thousands of false positives that could distort the understanding of the potential for fraud, especially given the limited data states have agreed to turn over.
“This just demonstrates remarkable naivety on how this voter data can be used,” said David Becker, the executive director of the Center for Election Innovation & Research. “There’s absolutely no way that incomplete data from some states — mainly consisting of names and addresses — can be used to determine anything.”…
Comparing names nationwide could result in far more false positives.
“How many Manuel Rodríguezes born in 1945 who are citizens are going to be on an immigration list? There are likely to be several,” said Charles Stewart, a professor at MIT and expert in election administration. “How will you know if he’s the immigrant, or he is one of the several people with that name who are citizens and legally registered?”
Kobach runs a matching program that appears to have its own high rate of errors. A recent study by political scientists at Stanford University found that Kobach’s Interstate Voter Registration Crosscheck Program had 200 false positives<https://5harad.com/papers/1person-1vote.pdf> for every actual double registration. The Kansas secretary of state’s office did not immediately return a call for comment on the program.
Other systems already exist that do rigorous matching. The Electronic Registration Information Center, or ERIC, is a voluntary, paid system operated by a nonprofit and used by 20 states and the District of Columbia. The system uses far more information than states are able to make publicly available, such as driver’s license numbers, Social Security numbers and even email addresses.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Many States Praised For Defying Voter Data Request Aren’t Doing That At All”<http://electionlawblog.org/?p=93624>
Posted on July 6, 2017 10:34 am<http://electionlawblog.org/?p=93624> by Rick Hasen<http://electionlawblog.org/?author=3>
HuffPo:<http://www.huffingtonpost.com/entry/voter-data-request-states-defiance_us_595e5519e4b0615b9e8fca81?8or>
As election officials across the country push back against a wide-ranging request<http://www.huffingtonpost.com/entry/voter-fraud-kobach-states_us_595babf4e4b05c37bb805080> for voter data from a federal panel investigating election fraud, they may be getting too much credit ― or blame ― for resisting President Donald Trump<http://www.huffingtonpost.com/topic/donald-trump>.
Much of the news coverage, including HuffPost’s, has lumped together all 40-plus states declining to turn over some kind of information. But there are nuanced differences between those denials. Some states are unequivocally refusing to comply at all, while others have noted they’re prohibited by law from turning over some of the requested information. A number of states are turning over any of the requested information that is already publicly available.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93624&title=%E2%80%9CMany%20States%20Praised%20For%20Defying%20Voter%20Data%20Request%20Aren%E2%80%99t%20Doing%20That%20At%20All%E2%80%9D>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“Federal ethics chief who clashed with White House announces he will step down”<http://electionlawblog.org/?p=93619>
Posted on July 6, 2017 10:03 am<http://electionlawblog.org/?p=93619> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/politics/federal-ethics-chief-who-clashed-with-white-house-announces-he-will-step-down/2017/07/06/4732c308-624c-11e7-a4f7-af34fc1d9d39_story.html?tid=ss_tw&utm_term=.30c41cd379ce>
n an interview, Shaub said he was not leaving under pressure, adding that no one in the White House or the administration pushed him to leave. But the ethics chief said he felt that he had reached the limit of what he could achieve in this administration, within the current ethics framework.
“It’s clear that there isn’t more I could accomplish,” he said.
 Shaub is set to take a new job as senior director of ethics at the Campaign Legal Center, a nonprofit legal advocacy group founded by Trevor Potter, who served as a Republican appointee to the Federal Election Commission. Shaub said he hopes to find bipartisan solutions to strengthening government ethics programs at the federal and state levels.
Big question: Assuming the Trump Administration wants someone credible in that office (big assumption), who would take it?
CLC release.<http://www.campaignlegalcenter.org/news/press-releases/oge-director-walter-m-shaub-jr-join-clc-lead-ethics-practice>
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Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>, ethics investigations<http://electionlawblog.org/?cat=42>

Gov. Abbott of TX Agrees with Dallas Morning News Editorial Saying States Should Not Hand Over Voting Info to Pence-Kobach<http://electionlawblog.org/?p=93617>
Posted on July 6, 2017 9:53 am<http://electionlawblog.org/?p=93617> by Rick Hasen<http://electionlawblog.org/?author=3>
<https://twitter.com/GregAbbott_TX>
 Follow<https://twitter.com/GregAbbott_TX>
[https://pbs.twimg.com/profile_images/744436907036139521/onguTE-A_bigger.jpg]Greg Abbott <https://twitter.com/GregAbbott_TX>
✔@GregAbbott_TX<https://twitter.com/GregAbbott_TX>
Texas and other states are right to refuse request for private voter information. #txlege<https://twitter.com/hashtag/txlege?src=hash> https://www.dallasnews.com/opinion/editorials/2017/07/06/states-release-private-voter-information-trump-panel …<https://t.co/7VOz67NBvs>
9:46 AM - 6 Jul 2017<https://twitter.com/GregAbbott_TX/status/883004174971150336>
<https://t.co/7VOz67NBvs>
[hoto published for Texas and other states - red and blue - are right to refuse T]<https://t.co/7VOz67NBvs>
Texas and other states - red and blue - are right to refuse Trump panel's request for private voter...<https://t.co/7VOz67NBvs>
Voting is a right in a democracy and the secrecy of the ballot protects citizens from reprisal. President Donald Trump may not appreciate this core...<https://t.co/7VOz67NBvs>
dallasnews.com<https://t.co/7VOz67NBvs>

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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“The Trump White House’s dishonest spin on its voter fraud commission”<http://electionlawblog.org/?p=93615>
Posted on July 6, 2017 9:41 am<http://electionlawblog.org/?p=93615> by Rick Hasen<http://electionlawblog.org/?author=3>
Aaron Blake<https://www.washingtonpost.com/news/the-fix/wp/2017/07/06/dishonest-spin-trumps-voter-fraud-commission-claims-fake-news-on-compliance-stories-theyre-not/?utm_term=.77030aeaadd5&wpmk=MK0000200> for WaPo.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Single Donor Can Give Almost $1 Million Over Two Years to Republican Joint Fundraising Committee<http://electionlawblog.org/?p=93613>
Posted on July 6, 2017 9:38 am<http://electionlawblog.org/?p=93613> by Rick Hasen<http://electionlawblog.org/?author=3>
Michael Beckel crunches<https://twitter.com/mjbeckel/status/882979270385127424> the numbers.
˚And, to remember<http://electionlawblog.org/?p=76114>, just a few years ago Justice Alito derided talk of million dollar donations bundled by parties as “wild hypotheticals.”
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“With elections board vacant, Cooper wants NC Supreme Court to block board designed by GOP”<http://electionlawblog.org/?p=93611>
Posted on July 6, 2017 9:27 am<http://electionlawblog.org/?p=93611> by Rick Hasen<http://electionlawblog.org/?author=3>
News and Observer:<http://www.newsobserver.com/news/politics-government/state-politics/article159876489.html>
North Carolina’s election oversight board has been vacant for more than a month, but the N.C. Supreme Court is poised to decide if Gov. Roy Cooper must make appointments to the new board designed by Republicans.
Cooper last week asked the Supreme Court to block the law creating the State Board of Elections and Ethics Enforcement, which would be split equally among Republicans and Democrats – a change from the previous elections board, which was controlled by the governor’s party.
Attorneys for House Speaker Tim Moore and Senate leader Phil Berger called on the court Monday to deny the request<https://www.ncappellatecourts.org/show-file.php?document_id=208821>, and both the GOP legislative leaders and the N.C. Republican Party say Cooper needs to make appointments immediately….
In the request seeking a block on the new law<https://www.ncappellatecourts.org/show-file.php?document_id=208739>, Cooper’s attorneys said that if the Supreme Court sides with the governor, he’ll immediately appoint five new members to the old version of the election board. That board would consist of three Democrats and two Republicans. But if the court rejects the request, he’ll appoint members to the new board – four from each political party, selected from a list submitted by the parties.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

Trump DOJ Opposes Plaintiffs’ Further Remedies in Texas Voter ID Case<http://electionlawblog.org/?p=93608>
Posted on July 6, 2017 7:32 am<http://electionlawblog.org/?p=93608> by Rick Hasen<http://electionlawblog.org/?author=3>
DOJ’s position<http://electionlawblog.org/wp-content/uploads/veasey-doj-remedies.pdf>: Now that Texas passed a new law softening its voter id law, there’s nothing more the court should do. No need to find Texas acted with a discriminatory purpose, no need for an injunction, further judicial supervision, or preclearance (though the U.S. “reserves the right” to present to the court its position on whether Texas should be put back under preclearance at a later date—pretty clear from this that the U.S.’s answer will be “no”).
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15>

--
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
949.824.0495 - fax
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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