[EL] ELB News and Commentary 8/1/17

Mon Jul 31 21:33:47 PDT 2017

“How much proof is needed for a voter fraud allegation? NC board considers stiffer standards”<http://electionlawblog.org/?p=94118>
Posted on July 31, 2017 9:27 pm<http://electionlawblog.org/?p=94118> by Rick Hasen<http://electionlawblog.org/?author=3>
New & Observer:<http://www.newsobserver.com/news/politics-government/article164517322.html>
Republicans and voting-rights advocates went head-to-head over a proposal that would have people make fact-based claims when they allege voters have committed fraud.
The State Board of Elections has proposed a stiffer standard for elections protests that would have people describe facts, say whether a lawyer helped them make their claims, and say whether they have any witnesses.
The rule is being considered in the aftermath of the November election and the close race between Republican Gov. Pat McCrory and Democrat Roy Cooper. Republicans filed complaints in more than 50 counties alleging ballots were cast by dead people, felons, and people who voted in other states. Most of those complaints were dismissed, but they helped delay vote counts….
The McCrory campaign and his Republican allies used protest forms to “make outrageous claims of voter fraud,” Hall said. As a result, voters were unfairly maligned and targeted on social media.
“They used charges of voter fraud for personal gain,” he said.
Democracy NC found that lawyers with a Virginia firm helped prepare nearly all the protests.
Dallas Woodhouse, executive director of the state Republican Party, said the rules would scare people away from filing protests.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D94118&title=%E2%80%9CHow%20much%20proof%20is%20needed%20for%20a%20voter%20fraud%20allegation%3F%20NC%20board%20considers%20stiffer%20standards%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Ohio’s voter culling practices are legal, Ohio Secretary of State Jon Husted tells U.S. Supreme Court”<http://electionlawblog.org/?p=94116>
Posted on July 31, 2017 8:58 pm<http://electionlawblog.org/?p=94116> by Rick Hasen<http://electionlawblog.org/?author=3>
Cleveland.com:<http://www.cleveland.com/nation/index.ssf/2017/07/voting_rolls_should_be_culled.html>
Ohio Secretary of State Jon Husted on Monday defended Ohio’s practice of beginning the process to cancel registrations of voters who haven’t cast ballots in two years, telling the U.S. Supreme Court its actions are needed to keep accurate voter rolls.
You can find the brief here<https://www.documentcloud.org/documents/3903765-16-980-Ts-Merit-Brief.html#document/p2>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D94116&title=%E2%80%9COhio%E2%80%99s%20voter%20culling%20practices%20are%20legal%2C%20Ohio%20Secretary%20of%20State%20Jon%20Husted%20tells%20U.S.%20Supreme%20Court%E2%80%9D>
Posted in NVRA (motor voter)<http://electionlawblog.org/?cat=33>, Supreme Court<http://electionlawblog.org/?cat=29>

Maine SOS Dunlap, Rare Democrat on Pence-Kobach Voting Fraud Commission, Won’t Turn Over Maine Data<http://electionlawblog.org/?p=94114>
Posted on July 31, 2017 8:16 pm<http://electionlawblog.org/?p=94114> by Rick Hasen<http://electionlawblog.org/?author=3>
Press Herald:<http://www.pressherald.com/2017/07/31/maines-secretary-of-state-says-he-will-reject-second-request-for-voter-registration-data/>
Maine Secretary of State Matt Dunlap said Monday that he is unlikely to release any state voter registration data to the federal voter fraud commission to which he was appointed by President Trump.
Dunlap said he will reject a second request for the data from the commission’s vice chairman, Kansas Secretary of State Kris Kobach, who promised last week that the data would be held in confidence at the federal level<http://www.pressherald.com/2017/07/27/trump-election-fraud-commission-again-asks-maine-other-states-for-extensive-voter-information/>.
But Dunlap said he is uncertain that the federal Freedom of Information Act would allow the data to be protected from disclosure once it is in the federal government’s hands. He said he wants the commission, to which he was appointed in May<http://www.pressherald.com/2017/05/11/maines-secretary-of-state-could-join-trump-commission-on-voter-fraud/>, to first set goals for what it hopes to achieve as it investigates Trump’s claims of widespread voter fraud.
The secretary of state also said he wants the commission to figure out how it intends to protect voters’ privacy rights before he hands over any statewide voter data.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D94114&title=Maine%20SOS%20Dunlap%2C%20Rare%20Democrat%20on%20Pence-Kobach%20Voting%20Fraud%20Commission%2C%20Won%E2%80%99t%20Turn%20Over%20Maine%20Data>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

“U.S. judge set to hear new challenge to Trump voter commission Tuesday”<http://electionlawblog.org/?p=94112>
Posted on July 31, 2017 8:12 pm<http://electionlawblog.org/?p=94112> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/amphtml/local/public-safety/us-judge-set-to-hear-new-challenge-to-trump-voter-commission-tuesday/2017/07/31/cb040170-7632-11e7-9eac-d56bd5568db8_story.html>
A federal judge will hear arguments Tuesday over whether a Watergate-era law prohibiting the government from collecting data on how Americans exercise their First Amendment rights bars President Trump’s Election Integrity Commission from American’s voting records.
U.S. District Judge Royce C. Lamberth of the District set the hearing Monday after Common Cause, a nonprofit government watchdog group, alleged that the Trump administration was violating the Privacy Act of 1974 by seeking the “quintessentially First Amendment-protected political party affiliation and voter history data” of every American.
The court could rule on the request for a temporary restraining order as early as Tuesday.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D94112&title=%E2%80%9CU.S.%20judge%20set%20to%20hear%20new%20challenge%20to%20Trump%20voter%20commission%20Tuesday%E2%80%9D>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

3-Judge Court Denies Request for Special NC Elections in 2017 But Orders Legislature to Hurry Up for 2018<http://electionlawblog.org/?p=94109>
Posted on July 31, 2017 4:49 pm<http://electionlawblog.org/?p=94109> by Rick Hasen<http://electionlawblog.org/?author=3>
You can find the court’s unanimous 11-page opinion here<http://electionlawblog.org/wp-content/uploads/covington-remand.pdf>. It is clear that the judges (1) think the NCGA dragged its feet repeatedly but (2) it is too late for 2017 special elections.  The delay worked in the state’s favor and bought the Republican legislature potentially a longer veto-proof majority in the NC legislature.
New lines must be drawn by September 1 or the Court will draw them.  But there’s this carrot for more time:
Upon filing of a motion no later than 5 p.m. on August 21, 2017, supported by evidence that Legislative Defendants (1) publicly disclosed the criteria to be used in drawing the remedial districts, (2) drew and publicly disclosed proposed remedial districting plans applying those criteria and remedying the constitutional deficiencies with the Subject Districts, and (3) made public a method and process for receiving comments and evidence from the public and other legislators, the Court will extend these deadlines for fourteen days.
Bet the NCGA does not do this to buy 14 more days.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D94109&title=3-Judge%20Court%20Denies%20Request%20for%20Special%20NC%20Elections%20in%202017%20But%20Orders%20Legislature%20to%20Hurry%20Up%20for%202018>
Posted in redistricting<http://electionlawblog.org/?cat=6>

“U.S. District Court Won’t Force Alabama to Inform Many Ex-Felons that they Can Now Register to Vote”<http://electionlawblog.org/?p=94107>
Posted on July 31, 2017 2:41 pm<http://electionlawblog.org/?p=94107> by Rick Hasen<http://electionlawblog.org/?author=3>
BAN reports<http://ballot-access.org/2017/07/31/u-s-district-court-wont-force-alabama-to-inform-many-ex-felons-that-they-can-now-register-to-vote/> on this ruling<http://ballot-access.org/wp-content/uploads/2017/07/gov.uscourts.almd_.61662.72.0-1.pdf>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D94107&title=%E2%80%9CU.S.%20District%20Court%20Won%E2%80%99t%20Force%20Alabama%20to%20Inform%20Many%20Ex-Felons%20that%20they%20Can%20Now%20Register%20to%20Vote%E2%80%9D>
Posted in felon voting<http://electionlawblog.org/?cat=66>

--
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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