[EL] ELB News and Commentary 4/19/18

Thu Apr 19 08:08:12 PDT 2018

NY: “Cuomo Plans to Restore Voting Rights to Paroled Felons”<http://electionlawblog.org/?p=98737>
Posted on April 19, 2018 8:04 am<http://electionlawblog.org/?p=98737> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2018/04/18/nyregion/felons-pardon-voting-rights-cuomo.html?rref=collection%2Fsectioncollection%2Fnyregion&action=click&contentCollection=nyregion&region=rank&module=package&version=highlights&contentPlacement=5&pgtype=sectionfront>

Gov. Andrew M. Cuomo announced on Wednesday that he intends to restore voting rights to felons on parole, a move that could open the ballot box to more than 35,000 people.

The mechanism through which Mr. Cuomo plans to do so is unusual: He would consider pardons for all 35,000 people currently on parole in New York, as well as any new convicted felons who enter the parole system each month.

The move amounts to a legal sidestep of the State Legislature, where the Republican-controlled Senate has opposed many of Mr. Cuomo’s proposed criminal justice reforms. It does not change state law, which currently bars convicted felons from voting unless they are on probation or have completed parole….

Mr. Cuomo’s primary opponent in his bid for a third term, Cynthia Nixon, has also made criminal justice reform a central plank of her campaign, calling for the legalization of recreational marijuana<https://www.nytimes.com/2018/04/11/nyregion/cynthia-nixon-marijuana-legalization.html> because of its disproportionate impact on the incarceration of black and Latino New Yorkers.

Ms. Nixon blasted Mr. Cuomo’s executive order as an insufficient, transparent response to her challenge from his left flank.

“For eight years, Cuomo governed like a Republican — handing control of our state to his ultrarich donors and the party of Trump. Now he’s scared of communities all across New York who want to replace him with a real Democrat,” she said in a statement, adding, “Voter suppression in New York should have ended eight years ago.”
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Posted in felon voting<http://electionlawblog.org/?cat=66>

“Michigan Legislature: No more election recounts like Jill Stein’s 2016 bid”<http://electionlawblog.org/?p=98735>
Posted on April 19, 2018 7:57 am<http://electionlawblog.org/?p=98735> by Rick Hasen<http://electionlawblog.org/?author=3>

AP reports.<https://www.freep.com/story/news/local/michigan/2018/04/18/michigan-legislature-election-recount-2016/530469002/>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

En Banc 5th Circuit, on a Vote of 12-2, with One of Trump’s Appointees Issuing a Blistering Dissent, Denies Rehearing to Consider Challenge to Austin’s $350 Contribution Limit<http://electionlawblog.org/?p=98733>
Posted on April 19, 2018 7:51 am<http://electionlawblog.org/?p=98733> by Rick Hasen<http://electionlawblog.org/?author=3>

Via How Appealing<https://howappealing.abovethelaw.com/2018/04/19/#76414> comes news of this vote to deny rehearing en banc<http://www.ca5.uscourts.gov/opinions/pub/16/16-51366-CV1.pdf> in Zimmerman v. City of Austin.

The vote is not all that surprising given that since Randall v. Sorrell, courts generally have not struck down campaign finance limits as unconstitutionally too low. (I helped defend San Diego’s limits against such a challenge in the Thalheimer litigation.)

What is perhaps more surprising is that newly appointed judge James Ho, joined by Judge Edith Jones, issued a blistering dissent from the denial of rehearing en banc, essentially adopting Justice Thomas’s extreme position that all campaign contribution limits are unconstitutional, and offering challengers what the judge considers to be a more successful path to bring another challenge to the Austin City Limits.

As Howard notes, Judge Willett did not join in this rehearing en banc dissent.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“How Tony Podesta, a Washington Power Broker, Lost It All”<http://electionlawblog.org/?p=98731>
Posted on April 19, 2018 7:39 am<http://electionlawblog.org/?p=98731> by Rick Hasen<http://electionlawblog.org/?author=3>

Quite a story<https://www.wsj.com/articles/how-tony-podesta-a-washington-power-broker-lost-it-all-1524065781> in the WSJ.
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Posted in lobbying<http://electionlawblog.org/?cat=28>

“The Changing Story of the NRA and Russia”<http://electionlawblog.org/?p=98729>
Posted on April 19, 2018 7:36 am<http://electionlawblog.org/?p=98729> by Rick Hasen<http://electionlawblog.org/?author=3>

Must-read Ciara Torres-Spelliscy:<https://www.brennancenter.org/blog/changing-story-nra-and-russia>

Ultimately, an entity with subpoena power can resolve the mystery of whether any substantial money from Russia was funneled through the NRA in 2016.  That will require more than polite inquiries from the Senator from Oregon. It will take an investigation by the FBI or possibly the Special Counsel’s office.  There could well be nothing here. Or it could be a crime scene.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>

“AZ GOP Appears To Back Off Attempt To Rig Rules For McCain’s Senate Seat”<http://electionlawblog.org/?p=98727>
Posted on April 18, 2018 8:07 pm<http://electionlawblog.org/?p=98727> by Rick Hasen<http://electionlawblog.org/?author=3>

TPM:<https://talkingpointsmemo.com/dc/az-gop-appears-to-back-off-attempt-to-rig-rules-for-mccains-senate-seat>

Arizona Republicans appeared to back off their efforts Wednesday to rig the rules to keep Sen. John McCain’s (R-AZ) seat in their column, pulling from the state Senate floor a proposed change in state law that would have guaranteed a lengthy appointment from the GOP governor should the ailing senator leave office in the coming weeks.

Statehouse Republicans seemingly tried to pull a fast one on their Democratic counterparts, quietly adding an emergency clause to a bipartisan bill to clean up special election laws in the state that would have handed Arizona Gov. Doug Ducey (R) assurance that he’d get to appoint a replacement for McCain through 2020.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Federal judge finds Kris Kobach in contempt of court in voting rights case”<http://electionlawblog.org/?p=98725>
Posted on April 18, 2018 7:54 pm<http://electionlawblog.org/?p=98725> by Rick Hasen<http://electionlawblog.org/?author=3>

KC Star:<http://www.kansascity.com/news/politics-government/article209268109.html>

A federal judge on Wednesday found Secretary of State Kris Kobach in contempt of court in a case involving Kansas voting laws, her latest rebuke of the Republican candidate for governor.

Kobach is considered a GOP frontrunner despite his constant court battles involving voter fraud and strict voting requirements that he has pushed while in office as the state’s top election official.

In her ruling, U.S. District Judge Julie Robinson in Kansas City, Kan., referred repeatedly to Kobach as acting “disingenuously.”

She chastised him for failing to treat the voters affected by the ongoing court case the same as all other registered voters in accordance with a previous court order.

See also this tweetstorm f<https://twitter.com/JessicaHuseman/status/986711029529874432>rom Jessica Huseman.

Dale Ho of the ACLU comments;
[https://pbs.twimg.com/profile_images/378800000652158920/f26fcf1832c67a8a8b30ccd0adbe3643_bigger.jpeg]<https://twitter.com/dale_e_ho>
<https://twitter.com/dale_e_ho>
Dale Ho at dale_e_ho<https://twitter.com/dale_e_ho>

<https://twitter.com/dale_e_ho/status/986717454587121664>

Bye Felicia.
2:25 PM - Apr 18, 2018<https://twitter.com/dale_e_ho/status/986717454587121664>
·         <https://twitter.com/intent/like?tweet_id=986717454587121664>
280<https://twitter.com/intent/like?tweet_id=986717454587121664>
·         <https://twitter.com/dale_e_ho/status/986717454587121664>
46 people are talking about this<https://twitter.com/dale_e_ho/status/986717454587121664>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>

Kobach’s office comments;
[https://pbs.twimg.com/profile_images/982759035995869191/IoSeRhv5_bigger.jpg]<https://twitter.com/JessicaHuseman>
<https://twitter.com/JessicaHuseman>
Jessica Huseman<https://twitter.com/JessicaHuseman>
✔@JessicaHuseman<https://twitter.com/JessicaHuseman>

16h<https://twitter.com/JessicaHuseman/status/986730372925968389>
Replying to @JessicaHuseman<https://twitter.com/_/status/986729764454100992>

Who also says... https://twitter.com/dale_e_ho/status/986717454587121664?s=21 …<https://t.co/01F31XCnXr>
[https://pbs.twimg.com/profile_images/982759035995869191/IoSeRhv5_bigger.jpg]<https://twitter.com/JessicaHuseman>
<https://twitter.com/JessicaHuseman>
Jessica Huseman<https://twitter.com/JessicaHuseman>
✔@JessicaHuseman<https://twitter.com/JessicaHuseman>

<https://twitter.com/JessicaHuseman/status/986738266119524353>

Comment from Kobach's spox, Moriah Day: "The Secretary of State’s Office will be appealing this decision. Secretary Kobach has no additional comment at this time."
3:48 PM - Apr 18, 2018<https://twitter.com/JessicaHuseman/status/986738266119524353>
·         <https://twitter.com/intent/like?tweet_id=986738266119524353>
71<https://twitter.com/intent/like?tweet_id=986738266119524353>
·         <https://twitter.com/JessicaHuseman/status/986738266119524353>
42 people are talking about this<https://twitter.com/JessicaHuseman/status/986738266119524353>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>

You can read the court’s order at this link.<https://www.documentcloud.org/documents/4440830-Contempt-Order.html>

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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>

Missouri: “AG Hawley: Greitens committed ‘potentially criminal acts’ involving veterans charity”<http://electionlawblog.org/?p=98706>
Posted on April 18, 2018 7:48 pm<http://electionlawblog.org/?p=98706> by Rick Hasen<http://electionlawblog.org/?author=3>

KC Star:<http://www.kansascity.com/news/politics-government/article208992629.html>

Attorney General Josh Hawley announced Tuesday that his office has uncovered potential criminal wrongdoing by Gov. Eric Greitens, a fellow Republican, and has turned that evidence over to the St. Louis prosecutor.

Hawley said that during an investigation into the Mission Continues, a charity founded by Greitens, his office “uncovered evidence of wrongdoing that goes beyond Missouri’s charity laws” and indicates “potentially criminal acts were committed by Gov. Eric Greitens.”

Hawley, who is a candidate for U.S. Senate, said his team found evidence that Greitens allegedly obtained and transmitted the charity’s donor list for political fundraising. He said there is no evidence of wrongdoing by the charity, only by the governor.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Today’s Must-Watch: Watch Jordan Peele use AI to make Barack Obama deliver a PSA about fake news<http://electionlawblog.org/?p=98721>
Posted on April 18, 2018 8:23 am<http://electionlawblog.org/?p=98721> by Rick Hasen<http://electionlawblog.org/?author=3>

If this doesn’t scare<https://www.theverge.com/tldr/2018/4/17/17247334/ai-fake-news-video-barack-obama-jordan-peele-buzzfeed> the hell out of you about the next election season, you are not paying attention.

https://www.youtube.com/watch?v=cQ54GDm1eL0

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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/>

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