[EL] ELB News and Commentary 9/16/17

Fri Sep 15 20:37:33 PDT 2017

“Report on ‘Voter Fraud’ Rife With Inaccuracies”<http://electionlawblog.org/?p=94862>
Posted on September 15, 2017 4:31 pm<http://electionlawblog.org/?p=94862> by Rick Hasen<http://electionlawblog.org/?author=3>
Paul Gronke:<https://electionupdates.caltech.edu/2017/09/11/report-on-voter-fraud-rife-with-inaccuracies/>
I look forward to a more detailed analysis by voter registration and database match experts of the GAI report that will be presented to the Presidential Advisory Commission on Election Integrity<https://www.whitehouse.gov/sites/whitehouse.gov/files/docs/pacei-govt-accountability-institute-problem-duplicate-voting.pdf> , but even a cursory reading reveals a number of serious misunderstandings and confusions that call into question that authors’ understanding of some of the most basic facts about voter registration, voting, and elections administration in the United States.
Fair warning: I grade student papers as part of my job, and one of the comments I make most often is “be precise”. Categories and definitions are fundamentally important, especially in a highly politicized environment like that current surrounding American elections.
The GAI report is far from precise; it’s not a stretch to say at many points that it’s sloppy and misinformed. I worry that it’s purposefully misleading. Perhaps I overstate the importance of some of the mistakes below. I leave that for the reader to judge.
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Posted in election administration<http://electionlawblog.org/?cat=18>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>

Miss: “State has halted use of Russian software in election systems, Hosemann says”<http://electionlawblog.org/?p=94860>
Posted on September 15, 2017 4:10 pm<http://electionlawblog.org/?p=94860> by Rick Hasen<http://electionlawblog.org/?author=3>
Clarion-Ledger:<http://www.clarionledger.com/story/news/politics/2017/09/15/state-has-halted-use-russian-software-election-systems-hosemann-says/672183001/>
U.S. Rep. Bennie Thompson on Friday urged Secretary of State Delbert Hosemann to remove any Kaspersky Lab software from Mississippi’s elections systems over fears of Russian hacking.
But Hosemann said he made that call about a month ago, after concerns over the company’s possible ties to the Russian government were first made. He said the Kaspersky antivirus software, sold throughout the U.S., was being used in three Mississippi counties, Adams, Franklin and Wilkinson. One has already switched to another brand and two others are in the process, Hosemann said.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>

“Facebook Gave Special Counsel Robert Mueller More Details on Russian Ad Buys Than Congress”<http://electionlawblog.org/?p=94858>
Posted on September 15, 2017 4:06 pm<http://electionlawblog.org/?p=94858> by Rick Hasen<http://electionlawblog.org/?author=3>
WSJ reports.<https://www.wsj.com/articles/facebook-gave-special-counsel-robert-mueller-more-details-on-russian-ad-buys-than-congress-1505514552>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Experts Say the Use of Private Email by Trump’s Voter Fraud Commission Isn’t Legal”<http://electionlawblog.org/?p=94856>
Posted on September 15, 2017 3:53 pm<http://electionlawblog.org/?p=94856> by Rick Hasen<http://electionlawblog.org/?author=3>
Jessica Huseman <https://www.propublica.org/article/experts-say-the-use-of-private-email-by-trumps-voter-fraud-commission-isnt-legal> for ProPublica:
President Donald Trump’s voter fraud commission came under fire earlier this month when a lawsuit and media reports revealed that the commissioners were using private emails to conduct public business. Commission co-chair Kris Kobach confirmed this week that most of them continue to do so.
Experts say the commission’s email practices do not appear to comport with federal law. “The statute here is clear,” said Jason Baron, a lawyer at Drinker Biddle and former director of litigation at the National Archives and Records Administration.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>

“The White House Isn’t Doing Its Staff Any Favors By Not Setting Limits on Who Can Pay Their Legal Fees”<http://electionlawblog.org/?p=94854>
Posted on September 15, 2017 2:47 pm<http://electionlawblog.org/?p=94854> by Rick Hasen<http://electionlawblog.org/?author=3>
Dan Weiner:<https://www.brennancenter.org/blog/white-house-isn%E2%80%99t-doing-its-staff-any-favors-not-setting-limits-who-can-pay-their-legal-fees>
The reality is that, notwithstanding anything OGE says, federal law contains broad prohibitions against bribery, conflicts of interest, and similar misconduct. Any government official or employee who uses her position to benefit a donor to her legal defense fund could run afoul of these provisions, and potentially invite prosecution.
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Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>

“Arizona agencies feud over policing ‘dark money’ groups; voters could be the losers”<http://electionlawblog.org/?p=94852>
Posted on September 15, 2017 2:44 pm<http://electionlawblog.org/?p=94852> by Rick Hasen<http://electionlawblog.org/?author=3>
AZ Central:<http://www.azcentral.com/story/news/politics/arizona/2017/09/15/arizona-agencies-feud-over-policing-dark-money-groups-voters-could-lose/656303001/>
As next year’s statewide elections get closer, several Arizona agencies are locked in a bitter feud to determine who has the power to police so-called “dark money” groups that spend millions to influence races.
The dispute is playing out in complicated legal tit-for-tats, but the heart of the fight is simple: Should the office of Secretary of State Michele Reagan or the Arizona Citizens Clean Elections Commission, a voter-created body, play the role of enforcer? And is there room for two policemen?
It’s unclear how the dispute will get resolved. Ultimately, courts may have to decide.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Residents of U.S. Territories Ask Court to Expand Voting Rights”<http://electionlawblog.org/?p=94850>
Posted on September 15, 2017 2:43 pm<http://electionlawblog.org/?p=94850> by Rick Hasen<http://electionlawblog.org/?author=3>
Courthouse News Service:<https://www.courthousenews.com/residents-u-s-territories-ask-court-expand-voting-rights/>
U.S. Circuit Judge David Hamilton asked whether the differences in absentee voting rights between the territories could be due to their unique political histories.
After all, “there are unique, one-of-a-kind, custom deals with each territory,” Hamilton said.
But Wyatt said there is “no relationship between the Marianas’ unique history and allowing people to vote there.”
“Illinois residents are being treated differently just based on where they moved to,” Wyatt continued.
Carleen M. Zubrzycki, representing the federal government, said that “moving to Puerto Rico is the same as moving to D.C. You give up your right to vote for federal office.”
But when U.S. Circuit Judge Illana Rovner questioned why a former Illinois resident who moved to France may vote absentee, but not if they moved to Guam, Zubrzycki struggled to respond.
She said that Congress might have been concerned about the political conflict that might arise from allowing mainlanders living in the territories to vote absentee, but prohibiting lifelong residents from voting.
Hamilton acknowledged this problem, saying, “Short of a grant of voting right to all residents of the territories – which would be extraordinary – it seems we have to live with some form of discrimination.”
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Posted in voting<http://electionlawblog.org/?cat=31>

Politifact Rates “False” Kobach’s Statements About Fraud in New Hampshire<http://electionlawblog.org/?p=94848>
Posted on September 15, 2017 1:23 pm<http://electionlawblog.org/?p=94848> by Rick Hasen<http://electionlawblog.org/?author=3>
Here.<http://www.politifact.com/truth-o-meter/statements/2017/sep/15/kris-kobach/there-evidence-voter-fraud-new-hampshire-kris-koba/>
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

“10 people in Colorado may have cast two ballots in 2016 election, while 38 might have also voted in another state, study says”<http://electionlawblog.org/?p=94846>
Posted on September 15, 2017 12:33 pm<http://electionlawblog.org/?p=94846> by Rick Hasen<http://electionlawblog.org/?author=3>
Denver Post:<http://www.denverpost.com/2017/09/15/colorado-2016-improper-voting-study/>
Ten of Colorado’s nearly 3 million voters in the 2016 presidential election may have cast two ballots, while 38 of them might have voted in another state.
Those are among the findings of a study released Friday and conducted by the Colorado secretary of state’s office and four other states that uncovered 112 total instances of possible improper voting during last year’s contest.
The office said in a news release said that the states involved — including Oregon, Washington, Delaware and Maryland — stopped short of saying fraud was committed in all of the cases because further investigation could reveal administrative explanations for the questionable votes.
At the request of law enforcement, Williams said he is not releasing the names of people who may have improperly participated in the 2016 election or the counties they voted in until the investigation is complete.
Will be watching to see how many of these cases pan out. Even if they all did (they won’t), the numbers are quite small compared to the overall number of voters.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>

“Trump’s FEC nominee has questioned the value of disclosing political donors”<http://electionlawblog.org/?p=94844>
Posted on September 15, 2017 9:06 am<http://electionlawblog.org/?p=94844> by Rick Hasen<http://electionlawblog.org/?author=3>
Matea Gold<https://www.washingtonpost.com/news/post-politics/wp/2017/09/15/trumps-fec-nominee-has-questioned-the-value-of-disclosing-political-donors/?utm_term=.160d8452c4f8> for WaPo:
James E. “Trey” Trainor III, the conservative Texas lawyer nominated by President Trump this week<https://www.washingtonpost.com/news/post-politics/wp/2017/09/13/trump-nominates-conservative-texas-lawyer-to-federal-election-commission/?utm_term=.ed97b2f009b5> to serve on the Federal Election Commission, has challenged the principle that the public benefits from the disclosure of political donors, arguing that voters could be distracted from the content of political messages if they focus on who is financing ads.
Trainor’s stance on disclosure is counter to the position that Trump himself took during the 2016 presidential campaign, when he called for more transparency of donors behind big-money groups. “I don’t mind the money coming in,” the then-candidate told <http://time.com/4003734/donald-trump-interview-transcript/> Time magazine in August 2015. “Let it be transparent. Let them talk, but let there be total transparency.”
In media appearances and public forums, Trainor has made the case that the Federalist Papers succeeded in promoting the ratification of the U.S. Constitution because Founding Fathers Alexander Hamilton, James Madison and John Jay wrote them under the pseudonym Publius. And he appeared to erroneously suggest that the Supreme Court’s 2010 Citizens United decision endorsed anonymous political contributions.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>

--
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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