[EL] ELB News and Commentary 9/12/17

Mon Sep 11 21:32:47 PDT 2017

“Voter Fraud Commission Holds Second Meeting In New Hampshire Amid Controversy”<http://electionlawblog.org/?p=94760>
Posted on September 11, 2017 9:23 pm<http://electionlawblog.org/?p=94760> by Rick Hasen<http://electionlawblog.org/?author=3>
Pam Fessler <http://www.npr.org/2017/09/11/550218471/voter-fraud-commission-holds-second-meeting-in-new-hampshire-amid-controversy> for NPR.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D94760&title=%E2%80%9CVoter%20Fraud%20Commission%20Holds%20Second%20Meeting%20In%20New%20Hampshire%20Amid%20Controversy%E2%80%9D>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

Maryland Challengers to Partisan Gerrymandering Seek Supreme Court Review<http://electionlawblog.org/?p=94757>
Posted on September 11, 2017 9:15 pm<http://electionlawblog.org/?p=94757> by Rick Hasen<http://electionlawblog.org/?author=3>
Jurisdictional statement<http://electionlawblog.org/wp-content/uploads/Benisek-jurisdictional-statement-724915359_91.pdf> in Benisek v. Lamone:
This case is a First Amendment challenge to the partisan gerrymander of a single federal congressional district. Plaintiffs allege that state officials responsible for Maryland’s 2011 congressional redistricting plan targeted them for vote dilution because of their past support for Republican candidates for public office, violating the First Amendment retaliation doctrine.
In earlier proceedings in this case, this Court held that plaintiffs’ retaliation claim is a substantial one, required to be heard by a three-judge district court. On remand, the three-judge court held that plaintiffs’ retaliation claim is justiciable. The district court, in a divided opinion, thereafter denied plaintiffs’ motion for a preliminary injunction, from which this appeal is taken.
This appeal presents the following questions:
1. Did the majority err in holding that, to establish an actual, concrete injury in a First Amendment retaliation challenge to a partisan gerrymander, a plaintiff must prove that the gerrymander has dictated and will continue to dictate the outcome of every election held in the district under the gerrymandered map?
2. Did the majority err in holding that the Mt. Healthy burden-shifting framework is inapplicable to First Amendment retaliation challenges to partisan gerrymanders?
3. Regardless of the applicable legal standards, did the majority err in holding that the present record does not permit a finding that the 2011 gerrymander was a but-for cause of the  Democratic victories in the district in 2012, 2014, or 2016?
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D94757&title=Maryland%20Challengers%20to%20Partisan%20Gerrymandering%20Seek%20Supreme%20Court%20Review>

Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>
“A background check before voting? Kobach-led commission will consider proposal”<http://electionlawblog.org/?p=94755>
Posted on September 11, 2017 9:11 pm<http://electionlawblog.org/?p=94755> by Rick Hasen<http://electionlawblog.org/?author=3>
Brian Lowry <http://www.kansascity.com/news/politics-government/article172638276.html> for the KC Star:
Lott, who last year published a book called “The War on Guns: Arming Yourself Against Gun Control Lies,” said that Democrats have praised using background checks for guns and questioned why they would oppose using the same system for voting when it’s already up and running.
“They say it does not impinge on people’s right to self-defense… It shouldn’t be any harm in their eyes to check whether people are eligible to vote,” he said.
“It just seems like if they believe what they’re saying it seems like a win-win.”
Dale Ho, the executive director of the American Civil Liberties Union’s Voting Rights Project, said in an email that only four states permanently ban people from voting for felony convictions.
“For example, in Kansas, you can register to vote after finishing your sentence (including parole); but the rules on firearms are much more complicated, and have different waiting periods for different kinds of crimes,” Ho said.
“So it’s not obvious why this would be a helpful idea for voting at all — even if you leave aside questions about practicality and possible burden on voters. Seems more like an attempted (and nonsensical) ‘gotcha’ for liberals rather than a serious suggestion,” he said.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D94755&title=%E2%80%9CA%20background%20check%20before%20voting%3F%20Kobach-led%20commission%20will%20consider%20proposal%E2%80%9D>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>

“Exclusive: Russia Used Facebook Events to Organize Anti-Immigrant Rallies on U.S. Soil”<http://electionlawblog.org/?p=94753>
Posted on September 11, 2017 9:08 pm<http://electionlawblog.org/?p=94753> by Rick Hasen<http://electionlawblog.org/?author=3>
The Daily Beast reports.<http://www.thedailybeast.com/exclusive-russia-used-facebook-events-to-organize-anti-immigrant-rallies-on-us-soil>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D94753&title=%E2%80%9CExclusive%3A%20Russia%20Used%20Facebook%20Events%20to%20Organize%20Anti-Immigrant%20Rallies%20on%20U.S.%20Soil%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Lawsuits, Falsehoods, and a Lot of White Men: Trump’s Election Commission Meets Amid Growing Controversy”<http://electionlawblog.org/?p=94751>
Posted on September 11, 2017 12:57 pm<http://electionlawblog.org/?p=94751> by Rick Hasen<http://electionlawblog.org/?author=3>
Ari Berman and Pema Levy for Mother Jones<http://www.motherjones.com/politics/2017/09/lawsuits-falsehoods-and-a-lot-of-white-men-trumps-election-commission-meets-amid-growing-controversy/>.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D94751&title=%E2%80%9CLawsuits%2C%20Falsehoods%2C%20and%20a%20Lot%20of%20White%20Men%3A%20Trump%E2%80%99s%20Election%20Commission%20Meets%20Amid%20Growing%20Controversy%E2%80%9D>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

“5 false statistics Trump’s voter fraud panel will use to restrict voting”<http://electionlawblog.org/?p=94749>
Posted on September 11, 2017 12:14 pm<http://electionlawblog.org/?p=94749> by Rick Hasen<http://electionlawblog.org/?author=3>
Kira Lerner<https://thinkprogress.org/false-data-voting-panel-26aa7e5d2ac1/> for Think Progress.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

5th Circuit En Banc Won’t Consider Reinstating Block of Texas Voter ID Law, For Now<http://electionlawblog.org/?p=94747>
Posted on September 11, 2017 12:08 pm<http://electionlawblog.org/?p=94747> by Rick Hasen<http://electionlawblog.org/?author=3>
Last week I reported<http://electionlawblog.org/?p=94600> that a 5th Circuit motions panel, on a 2-1 vote, allowed Texas to enforce its revised voter id law pending appeal in the case. The court put this stay in place this even though the trial court found Texas engaged in intentional racial discrimination, which should allow for a fuller remedy in the case.
The challengers then sought to have the entire 5th Circuit (en banc) reverse the stay order. It also asked the entire court to hear the case initially, rather than letting it go to a Fifth Circuit panel, with later, discretionary en banc review before the entire court.
Via Josh Blackman<https://twitter.com/JoshMBlackman/status/907315564141477889>, comes news that the 5th Circuit has (1) asked for Texas to respond to the request for the case to be heard initially by the entire court and (2) rejected the request to have the en banc court lift the stay because such a request is procedurally improper before the 5th circuit.
At some point, whether the court takes the case en banc or it goes before a full merits panel, the challengers can presumably file a motion asking the court to lift the stay.
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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
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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