[EL] ELB News and Commentary 6/2/17

Fri Jun 2 08:14:33 PDT 2017

“White House Waivers May Have Violated Ethics Rules”<http://electionlawblog.org/?p=92922>
Posted on June 2, 2017 8:12 am<http://electionlawblog.org/?p=92922> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<https://www.nytimes.com/2017/06/01/us/politics/stephen-bannon-white-house-ethics-waivers.html?ref=politics&_r=0>
The Trump administration may have skirted federal ethics rules by retroactively granting a blanket exemption that allows Stephen K. Bannon, the senior White House strategist, to communicate with editors at Breitbart News, where he was recently an executive.
The exemption, made public late Wednesday<https://www.nytimes.com/2017/05/31/us/politics/lobbyist-ethics-waivers-trump-administration.html?ref=politics> along with more than a dozen other ethics waivers<https://www.whitehouse.gov/sites/whitehouse.gov/files/Waiver%20Chart%205-31-17.pdf> issued by the White House, allows all White House aides to communicate with news organizations, even if they involve a “former employer or former client.”
The waiver<https://www.whitehouse.gov/sites/whitehouse.gov/files/ALL%20EOP.PDF>, which was undated, did not mention Mr. Bannon specifically, but appeared to benefit him by potentially dislodging him from a pending ethics complaint over his past discussions with Breitbart editors. It would also free him from restrictions on his future communication with the conservative media company.
The waiver, and the fact that it remains unclear when it was originally issued, seemed unusual to Walter M. Shaub Jr.<https://www.nytimes.com/2017/05/30/us/politics/walter-shaub-ethics.html>, the director of the Office of Government Ethics, who questioned its validity.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92922&title=%E2%80%9CWhite%20House%20Waivers%20May%20Have%20Violated%20Ethics%20Rules%E2%80%9D>
Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>, ethics investigations<http://electionlawblog.org/?cat=42>

“Hillary Clinton Partly Blames Voter Suppression For Her Loss, But Experts Aren’t So Sure”<http://electionlawblog.org/?p=92920>
Posted on June 2, 2017 8:03 am<http://electionlawblog.org/?p=92920> by Rick Hasen<http://electionlawblog.org/?author=3>
HuffPo reports.<http://www.huffingtonpost.com/entry/hillary-clinton-voter-suppression_us_59306706e4b07572bdbfea14>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92920&title=%E2%80%9CHillary%20Clinton%20Partly%20Blames%20Voter%20Suppression%20For%20Her%20Loss%2C%20But%20Experts%20Aren%E2%80%99t%20So%20Sure%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, The Voting Wars<http://electionlawblog.org/?cat=60>

Top Recent Downloads in Election Law on SSRN<http://electionlawblog.org/?p=92918>
Posted on June 2, 2017 7:51 am<http://electionlawblog.org/?p=92918> by Rick Hasen<http://electionlawblog.org/?author=3>
Here<http://papers.ssrn.com/sol3/topten/topTenResults.cfm?groupingId=991929&netorjrnl=jrnl>:
RECENT TOP PAPERS for all papers first announced in the last 60 days [https://papers.ssrn.com/Images/rss_small.png]  <https://papers.ssrn.com/publicRss/rssManagerInc.cfm?journalId=991929>
3 Apr 2017 through 2 Jun 2017
Rank

Downloads

Paper Title

1

126

Illiberal Democracy: The Toxic Mix of Fake News, Hyperpolarization, and Partisan Election Administration<https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2944791>
Anthony J. Gaughan<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1697565>
Drake University Law School
Date posted to database: 5 Apr 2017
Last Revised: 12 May 2017

2

102

Collateral Consequences of Criminal Conviction<https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2948025>
Gabriel “Jack” Chin<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=201529>
University of California, Davis – School of Law
Date posted to database: 11 Apr 2017
Last Revised: 13 Apr 2017

3

88

A Left of Liberal Interpretation of Trump’s ‘Big’ Win, Part One: Neoliberalism<https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2969180>
Duncan Kennedy<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=71090>
Harvard Law School
Date posted to database: 17 May 2017
Last Revised: 17 May 2017

4

77

One Person, No Votes: Unopposed Candidate Statutes and the State of Election Law<https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2954347>
Noah B. Lindell<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2582931>
Campaign Legal Center
Date posted to database: 21 Apr 2017
Last Revised: 22 Apr 2017

5

59

Faces of Bias in Politics: Evidence from Elite and Voter Conjoint Experiments on Gender<https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2971732>
Dawn Teele<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1710809>, Joshua L. Kalla<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2536261> and Frances McCall Rosenbluth<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=524323>
University of Pennsylvania, University of California, Berkeley and Yale University – Department of Political Science
Date posted to database: 22 May 2017
Last Revised: 22 May 2017

6

44

The Lost History of the Millionaire’s Amendment<https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2945671>
Katherine Shaw<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2042971>
Yeshiva University – Benjamin N. Cardozo School of Law
Date posted to database: 5 Apr 2017
Last Revised: 5 Apr 2017

7

40

Comparative Constitutional Law as a Window on Democratic Institutions<https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2965760>
Samuel Issacharoff<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=48053>
New York University School of Law
Date posted to database: 11 May 2017
Last Revised: 11 May 2017

8

36

Over-Incarceration and Disenfranchisement<https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2946457>
Murat C. Mungan<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1132419>
George Mason University – Antonin Scalia Law School, Faculty
Date posted to database: 5 Apr 2017
Last Revised: 7 Apr 2017

9

34

On the Nexus of Eternity Clauses, Proportional Representation, and Banned Political Parties<https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2970667>
Rivka Weill<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=393642>
Radzyner School of Law – Interdisciplinary Center (IDC)
Date posted to database: 18 May 2017
Last Revised: 18 May 2017

10

22

Institutional Competence in Fiduciary Government<https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2811302>
D. Theodore Rave<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=681563>
University of Houston Law Center
Date posted to database: 18 May 2017
Last Revised: 18 May 2017

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92918&title=Top%20Recent%20Downloads%20in%20Election%20Law%20on%20SSRN>
Posted in pedagogy<http://electionlawblog.org/?cat=23>

“When Collusion with a Foreign Government Becomes a Crime”<http://electionlawblog.org/?p=92916>
Posted on June 2, 2017 7:33 am<http://electionlawblog.org/?p=92916> by Rick Hasen<http://electionlawblog.org/?author=3>
Bob Bauer:<http://www.moresoftmoneyhardlaw.com/2017/06/collusion-foreign-government-becomes-crime/>
Commentary on Russian intervention in the 2016 elections has included one confidently expressed and perhaps growing view: that there may be a scandal there, but no conceivable crime. It is claimed that the Trump campaign could wink and nod at Russian hacking, and derive the full benefit, but that without considerably more evidence of direct involvement, there is no role for criminal law enforcement. The matter is then left to Congress to consider whether new laws are needed, and the public, of course, will render its judgment in opinion polls and in elections still to come.
This view is flawed. It fails to consider the potential campaign finance violations, as suggested by the facts so far known, under existing law. These violations are criminally enforceable…..
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92916&title=%E2%80%9CWhen%20Collusion%20with%20a%20Foreign%20Government%20Becomes%20a%20Crime%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Abbott signs voter ID, end of straight-party voting into law”<http://electionlawblog.org/?p=92914>
Posted on June 1, 2017 3:59 pm<http://electionlawblog.org/?p=92914> by Rick Hasen<http://electionlawblog.org/?author=3>
Austin American Statesman:<http://www.statesman.com/news/abbott-signs-voter-end-straight-party-voting-into-law/5vb95W3p0406a5mRgysEyL/>
Gov. Greg Abbott signed a new voter ID bill into law Thursday, loosening identification requirements from a 2011 law that a federal judge said was enacted by Republicans to intentionally discriminate against minority voters, who tend to vote for Democrats.
Senate Bill 5 will allow registered voters who lack a photo ID to cast a ballot after showing documents that list their name and address, including a voter registration certificate, utility bill, bank statement, government check or work paycheck.
Such voters would have to sign a “declaration of reasonable impediment” stating that they could not acquire a photo ID due to a lack of transportation, lack of a birth certificate, work schedule, disability, illness, family responsibility, or lost or stolen ID.
Voters who lie on the declaration could be prosecuted for a state jail felony, with a maximum of two years in jail.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92914&title=%E2%80%9CAbbott%20signs%20voter%20ID%2C%20end%20of%20straight-party%20voting%20into%20law%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

On Same Day as Oral Argument, 3-Judge NC State Court Dismisses Gov. Cooper Complaint Against Changes to NC Election Commission<http://electionlawblog.org/?p=92910>
Posted on June 1, 2017 2:31 pm<http://electionlawblog.org/?p=92910> by Rick Hasen<http://electionlawblog.org/?author=3>
So far<https://www.dropbox.com/s/t23jzcz2x8uavlh/6.1.17%20Order%2017%20CVS%205084.pdf?dl=0> an order with no reasoning.
Presumably this gets appealed to the NC Supreme Court, now majority Democrat-elected.
Update: An appeal is coming<https://twitter.com/LorettaBoniti/status/870399766781284352> from Gov. Cooper.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92910&title=On%20Same%20Day%20as%20Oral%20Argument%2C%203-Judge%20NC%20State%20Court%20Dismisses%20Gov.%20Cooper%20Complaint%20Against%20Changes%20to%20NC%20Election%20Commission>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

EAC Splits Along Party Lines in Considering Whether Executive Director Newby Exceeded His Authority on KS Proof of Citizenship Issue<http://electionlawblog.org/?p=92908>
Posted on June 1, 2017 2:28 pm<http://electionlawblog.org/?p=92908> by Rick Hasen<http://electionlawblog.org/?author=3>
Well, now that push comes to shove, Republican commissioners say<https://www.scribd.com/document/350108305/eac-newby> what Newby did was a-ok, while Democratic commissioner Hicks dissents.
The case continues.
As I wrote back in February<http://electionlawblog.org/?p=91328> about the district court’s request for these documents:
But having the Election Assistance Commission decide this will put it in a tough spot, and it could well come down to the position of the new chair, Commissioner Masterson. It was clear in earlier aspects of this dispute that Commissioner Hicks believes Newby acted without authority and Commissioner McCormick likely believes Newby had authority. Masterson, like McCormick, is a Republican appointee but a straight shooter. Hicks is the Democratic appointee and the other Democratic seat remains vacant.
UPDATE: As Wendy Weiser notes<https://twitter.com/WendyRWeiser/status/870397480139206656>: “Important: EAC Chair Masterson acknowledges that the agency’s interpretation fails because it did not receive 3 votes. 3 votes are critical.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92908&title=EAC%20Splits%20Along%20Party%20Lines%20in%20Considering%20Whether%20Executive%20Director%20Newby%20Exceeded%20His%20Authority%20on%20KS%20Proof%20of%20Citizenship%20Issue>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

Today’s Must-Read: “How Twitter Is Being Gamed to Feed Misinformation”<http://electionlawblog.org/?p=92906>
Posted on June 1, 2017 9:02 am<http://electionlawblog.org/?p=92906> by Rick Hasen<http://electionlawblog.org/?author=3>
Farhad Manjoo<https://www.nytimes.com/2017/05/31/technology/how-twitter-is-being-gamed-to-feed-misinformation.html> in the NYT:
Specifically, Twitter often acts as the small bowel of digital news. It’s where political messaging and disinformation get digested, packaged and widely picked up for mass distribution to cable, Facebook and the rest of the world.
This role for Twitter has seemed to grow more intense during (and since) the 2016 campaign. Twitter now functions as a clubhouse for much of the news<http://www.poynter.org/2017/i-studied-how-journalists-used-twitter-for-two-years-heres-what-i-learned/453162/>. It’s where journalists pick up stories, meet sources, promote their work, criticize competitors’ work and workshop takes. In a more subtle way, Twitter has become a place where many journalists unconsciously build and gut-check a worldview — where they develop a sense of what’s important and merits coverage, and what doesn’t.
This makes Twitter a prime target for manipulators: If you can get something big on Twitter, you’re almost guaranteed coverage everywhere.
“When journalists see a story getting big on Twitter, they consider it a kind of responsibility to cover it, even if the story may be an alternate frame or a conspiracy theory,” said Alice Marwick, who was co-author of a recent report on the mechanics of media manipulation<https://datasociety.net/pubs/oh/DataAndSociety_MediaManipulationAndDisinformationOnline.pdf> for the Data & Society Research Institute. “That’s because if they don’t, they may get accused of bias.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92906&title=Today%E2%80%99s%20Must-Read%3A%20%E2%80%9CHow%20Twitter%20Is%20Being%20Gamed%20to%20Feed%20Misinformation%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, social media and social protests<http://electionlawblog.org/?cat=58>

“Putin Hints at U.S. Election Meddling by ‘Patriotically Minded’ Russians”<http://electionlawblog.org/?p=92904>
Posted on June 1, 2017 8:21 am<http://electionlawblog.org/?p=92904> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<https://www.nytimes.com/2017/06/01/world/europe/vladimir-putin-donald-trump-hacking.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news>
Shifting from his previous blanket denials, President Vladimir V. Putin<http://topics.nytimes.com/top/reference/timestopics/people/p/vladimir_v_putin/index.html?inline=nyt-per> of Russia<http://topics.nytimes.com/top/news/international/countriesandterritories/russiaandtheformersovietunion/index.html?inline=nyt-geo> said on Thursday that “patriotically minded” private Russian hackers could have been involved in cyberattacks last year to help the presidential campaign of Donald J. Trump<http://www.nytimes.com/topic/person/donald-trump?inline=nyt-per>.
While Mr. Putin continued to deny any state role, his comments to reporters in St. Petersburg were a departure from the Kremlin’s previous position: that Russia had played no role whatsoever in the hacking of the Democratic National Committee<http://topics.nytimes.com/top/reference/timestopics/organizations/d/democratic_national_committee/index.html?inline=nyt-org> and that, after Mr. Trump’s victory, the country had become the victim of anti-Russia hysteria among crestfallen Democrats.
Raising the possibility of attacks by what he portrayed as free-spirited Russian patriots, Mr. Putin said that hackers “are like artists” who choose their targets depending how they feel “when they wake up in the morning.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92904&title=%E2%80%9CPutin%20Hints%20at%20U.S.%20Election%20Meddling%20by%20%E2%80%98Patriotically%20Minded%E2%80%99%20Russians%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

--
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/20170602/de9e1384/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/20170602/de9e1384/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 4443 bytes
Desc: image002.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20170602/de9e1384/attachment-0001.png>