[EL] ELB News and Commentary 8/14/18
Rick Hasen
rhasen at law.uci.edu
Tue Aug 14 08:18:27 PDT 2018
“Kansas Is Living in the Mess Kris Kobach Made”<https://electionlawblog.org/?p=100634>
Posted on August 14, 2018 8:09 am<https://electionlawblog.org/?p=100634> by Rick Hasen<https://electionlawblog.org/?author=3>
Mark Joseph Stern<https://slate.com/news-and-politics/2018/08/kris-kobach-ruined-the-2018-kansas-gop-primary-just-like-he-ruins-everything-else.html> for Slate:
It has never been clear whether Kris Kobach understands what his job is. As Kansas’ secretary of state, a position he’s held for nearly eight years, Kobach’s main responsibility is to serve as the state’s chief elections officer. But instead of ensuring that Kansas’ elections run smoothly, Kobach has used his office to foment nativist hysteria<https://www.nytimes.com/2017/06/13/magazine/the-man-behind-trumps-voter-fraud-obsession.html> around the nonexistent problem<https://slate.com/news-and-politics/2018/05/new-hampshire-investigation-by-bill-gardner-shows-widespread-voter-fraud-doesnt-exist.html> of voter fraud, attempting to purge<https://www.reuters.com/article/us-usa-votingrights-kansas-insight/thousands-of-voters-in-limbo-after-kansas-demands-proof-theyre-american-idUSKCN0YN4AQ> and prosecute<https://thinkprogress.org/kobach-fraud-charge-1eefa6b469d3/> voters while tormenting immigrants<https://www.motherjones.com/politics/2012/03/kris-kobach-anti-immigration-laws-sb-1070/>. This campaign raised his national profile<https://slate.com/news-and-politics/2018/01/why-trumps-voter-fraud-commission-disbanded.html> and lined his pockets<https://www.propublica.org/article/kris-kobachs-lucrative-trail-of-courtroom-defeats> with taxpayer money. But it did not improve Kansas’ elections system, which Kobach allowed to atrophy despite mounting evidence that future races could be thrown into chaos.
Now that chaos has arrived, in the very election that will determine Kobach’s political future. The Aug. 7 primary between the secretary of state and incumbent Republican Gov. Jeff Colyer remains too close to call due to election-day errors that left thousands of ballots in limbo. Kobach’s lead of 110 votes<https://www.kansascity.com/latest-news/article216487350.html> could disappear depending on if (and how) these votes are counted, decisions the secretary of state may be able to affect despite having ostensibly recused himself from the process. The whole mess is an absolute nightmare<https://www.kansas.com/news/politics-government/article216483605.html> for Kansas Republicans, one they richly deserve. For years, the state GOP allowed Kobach to abuse the powers of his office for political gain while failing to perform basic duties. Now his negligence has come back to haunt the party, which faces an internecine brawl that is spiraling toward catastrophe.
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Posted in election administration<https://electionlawblog.org/?cat=18>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>
“The Daily 202: By overturning ballot initiatives, more lawmakers are rejecting the will of their voters”<https://electionlawblog.org/?p=100632>
Posted on August 14, 2018 8:07 am<https://electionlawblog.org/?p=100632> by Rick Hasen<https://electionlawblog.org/?author=3>
WaPo reports.<https://www.washingtonpost.com/news/powerpost/paloma/daily-202/2018/08/14/daily-202-by-overturning-ballot-initiatives-more-lawmakers-are-rejecting-the-will-of-their-voters/5b724ae01b326b4f9e90a6f2/?utm_term=.7ac27cfb03bf>
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Posted in direct democracy<https://electionlawblog.org/?cat=62>
Third Circuit Tentatively Sets Oral Argument in DNC v. RNC Voter Intimidation Consent Decree Case for October 2<https://electionlawblog.org/?p=100629>
Posted on August 14, 2018 8:05 am<https://electionlawblog.org/?p=100629> by Rick Hasen<https://electionlawblog.org/?author=3>
It will be in Philly.<https://electionlawblog.org/wp-content/uploads/dnc-rnc-oa.pdf>
This is a very important case for 2020.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>
Lots of Drama in West Virginia Over State Supreme Court Justices; Was Impeachment Timing Way for Republicans to Avoid Holding Election For Judicial Replacements?<https://electionlawblog.org/?p=100627>
Posted on August 14, 2018 7:46 am<https://electionlawblog.org/?p=100627> by Rick Hasen<https://electionlawblog.org/?author=3>
See this thread:
[https://pbs.twimg.com/profile_images/973780667535327233/NlSxTMaV_bigger.jpg]<https://twitter.com/cFidd>
<https://twitter.com/cFidd>
Fiddler<https://twitter.com/cFidd>
✔@cFidd<https://twitter.com/cFidd>
<https://twitter.com/cFidd/status/1029364674498899969>
This is a BFD. The GOP-controlled legislature dragged its feet forvmonths on impeaching these justices to prevent their replacement by voters via special elections this fall. Missing today's deadline lets Republican Gov. Jim Justice appoint their replacements.
<https://twitter.com/3littleredbones/status/1029361328736096256>
Erin Beck at 3littleredbones<https://twitter.com/3littleredbones/status/1029361328736096256>
WV Supreme Court Justice Robin Davis is accusing House of Delegates of impeaching her based on political party. Says she will retire to let voters decide replacement.<https://twitter.com/3littleredbones/status/1029361328736096256>
[View image on Twitter]<https://twitter.com/3littleredbones/status/1029361328736096256>
6:50 AM - Aug 14, 2018<https://twitter.com/cFidd/status/1029364674498899969>
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84 people are talking about this<https://twitter.com/cFidd/status/1029364674498899969>
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Posted in campaigns<https://electionlawblog.org/?cat=59>, judicial elections<https://electionlawblog.org/?cat=19>
“Brian Kemp, Enemy of Democracy”<https://electionlawblog.org/?p=100625>
Posted on August 13, 2018 4:30 pm<https://electionlawblog.org/?p=100625> by Rick Hasen<https://electionlawblog.org/?author=3>
Carol Anderson has written this NYT oped:<https://www.nytimes.com/2018/08/11/opinion/sunday/brian-kemp-enemy-of-democracy.html?rref=collection%2Fsectioncollection%2Fsunday&action=click&contentCollection=sunday®ion=stream&module=stream_unit&version=latest&contentPlacement=3&pgtype=sectionfront>
That’s why Mr. Kemp has worked diligently to fortify the Republicans’ crumbling bulwark since he became secretary of state in 2010. He has begun investigations<https://newrepublic.com/article/121715/georgia-secretary-state-hammers-minority-voter-registration-efforts> into organizations that registered nearly 200,000 new Asian-American and African-American voters — efforts that resulted in the first majority-black school board in a small town.
His investigations yielded no charges, no indictments, no convictions, despite years of probing, suspects’ losing their jobs and Georgia Bureau of Investigation agents knocking on doors. Yet the intimidation had an impact. An attorney from a targeted organization told a reporter: “I’m not going to lie; I was shocked. I was scared<https://newrepublic.com/article/121715/georgia-secretary-state-hammers-minority-voter-registration-efforts>.”
While Mr. Kemp insisted that these investigations were about preventing in-person voter fraud (which basically doesn’t exist), he was more candid when talking with fellow Republicans: “Democrats are working hard,” he warned<https://www.facingsouth.org/2017/10/georgias-secretary-state-unjustly-targeting-voting-rights-activist-again> in a recording released by a progressive group “registering all these minority voters that are out there and others that are sitting on the sidelines.”
“If they can do that, they can win these elections in November,” Mr. Kemp said. Therefore, even after the multiple investigations yielded no indication of fraud, thousands of people registered during these drives were not on the voter registration<https://newrepublic.com/article/120097/40000-missing-voters-georgia-are-unlikely-regain-their-ballot> rolls, and a court ruling<https://lawyerscommittee.org/wp-content/uploads/2015/07/0439.pdf> kept it that way.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>
UCI Law Ranks #12 (ahead of USC, Michigan, Northwestern, Virginia, Texas, etc.) in New Scholarly Ranking<https://electionlawblog.org/?p=100618>
Posted on August 13, 2018 3:24 pm<https://electionlawblog.org/?p=100618> by Rick Hasen<https://electionlawblog.org/?author=3>
This is such great news for our awesome faculty! We are just beginning our 10 year anniversary<https://twitter.com/rickhasen/status/1029134211528060928> as a law school.
Here is the Sisk study.<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3230371>
A snippet:
Among schools in or close to the top ten for Scholarly Impact, the University of California-Irvine (at #12) shows the greatest incongruity with the 2019 U.S. News ranking at (#21). Since the last ranking, Erwin Chemerinsky, one of the most highly-cited legal scholars in the country (more than 2500 citations in the past five years), left the deanship at California-Irvine to assume the helm at California-Berkeley. Showing that its scholarly power is not dependent on a single person, California-Irvine has maintained its position as a leading scholarly faculty….
Brian Leiter post<http://leiterlawschool.typepad.com/leiter/2018/08/top-50-law-schools-based-on-scholarly-impact-2018.html#more> on the study.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>
Defamation and Voting Rights Suit Against Christian Adams and PILF Regarding False Allegations that Voters Were Non-Citizens Survives Motion to Dismiss<https://electionlawblog.org/?p=100615>
Posted on August 13, 2018 3:11 pm<https://electionlawblog.org/?p=100615> by Rick Hasen<https://electionlawblog.org/?author=3>
Here is the order<https://www.southerncoalition.org/wp-content/uploads/2017/01/LULAC-MTD-Order.pdf> denying the motion to dismiss. Next step will be discovery, which should be interesting. (Press release<https://www.southerncoalition.org/wp-content/uploads/2017/01/LULAC-MTD-Order.pdf>.)
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Posted in chicanery<https://electionlawblog.org/?cat=12>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>
“Accusations of Voter Fraud Can Hurt Republicans, Too”<https://electionlawblog.org/?p=100613>
Posted on August 13, 2018 2:54 pm<https://electionlawblog.org/?p=100613> by Rick Hasen<https://electionlawblog.org/?author=3>
Frank Wilkinson<https://www.bloomberg.com/view/articles/2018-08-13/accusations-of-voter-fraud-can-hurt-republicans-too> for Bloomberg View:
At any point in the past decade, Kansas Governor Jeff Colyer could’ve said something. When Kansas Secretary of State Kris Kobach was engineering ways to suppress votes, and repeating false claims<https://www.bloomberg.com/view/articles/2018-03-09/kris-kobach-s-voter-fraud-failure-is-on-trial-in-kansas> about voter fraud, Colyer could’ve piped up.
Colyer could’ve pointed out that Kobach, his opponent in the state’s Republican gubernatorial primary, has never produced evidence to back his shameless claims<https://www.breitbart.com/big-government/2017/09/07/exclusive-kobach-out-of-state-voters-changed-outcome-new-hampshire-senate-race/>. He could’ve noted that, during Kobach’s almost eight years as secretary of state, his total number of convictions for voter fraud can be counted on the fingers of his two hands — including the wealthy Republicans prosecuted<https://www.politico.com/magazine/story/2017/05/21/kris-kobach-voter-fraud-investigation-prosecution-215164> for voting in two states where they owned houses.
At a trial earlier this year, Kobach’s claims of spectacular voter fraud were reduced to this: In a state where 1.8 million voters have cast millions of votes over the past 18 years, the grand total of noncitizen voters amounted to … 11. Likewise, Kobach’s leadership role in President Donald Trump’s voter-fraud commission blew up<https://www.nytimes.com/2018/01/03/us/politics/trump-voter-fraud-commission.html> when the commission was disbanded without producing any evidence to justify Trump’s claims of millions of instances of voter fraud.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>
North Carolina: “Republican legislators violated a candidate’s constitutional rights, judge rules”<https://electionlawblog.org/?p=100611>
Posted on August 13, 2018 10:20 am<https://electionlawblog.org/?p=100611> by Rick Hasen<https://electionlawblog.org/?author=3>
News and Observer:<https://www.newsobserver.com/news/politics-government/article216594950.html>
A judge threw out a new state law Monday, ruling that it violated the constitutional rights of at least two politicians whose 2018 campaigns the law had targeted.
Chris Anglin, a Republican candidate for a seat on the North Carolina Supreme Court, had sued the legislature along with Rebecca Edwards, a Democrat who is running to become a district court judge in Wake County. Earlier this summer, the legislature passed a new law that would have prevented Anglin or Edwards from being able to have their party affiliations on the ballot.
They argued that the law unfairly targeted them because their competitors in this November’s elections would still have their own parties listed on the ballot.
Anglin, who is believed to have been the main target of the new law, is one of two Republicans running for the Supreme Court seat against a single Democratic candidate….
Senate leader Phil Berger and House Speaker Tim Moore can appeal the ruling but it wasn’t immediately clear Monday if or when they would.
Update: You can find the 11-page order<http://ballot-access.org/wp-content/uploads/2018/08/18CVS9748-Christopher-J.-Anglin_Order-on-PI.pdf> here (via BAN<http://ballot-access.org/2018/08/13/north-carolina-state-court-strikes-down-law-on-party-labels-for-judicial-candidates-who-recently-changed-parties/>).
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Posted in ballot access<https://electionlawblog.org/?cat=46>, campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>
Kansas: “Johnson County accepts nearly 1,500 new ballots, including from unaffiliated voters”<https://electionlawblog.org/?p=100609>
Posted on August 13, 2018 10:18 am<https://electionlawblog.org/?p=100609> by Rick Hasen<https://electionlawblog.org/?author=3>
Wichita Eagle:<https://www.kansas.com/news/politics-government/election/article216489915.html>
Johnson County will accept nearly 1,500 provisional ballots either in full or in part, including dozens cast by unaffiliated voters who were incorrectly told by poll workers to cast provisional ballots<https://www.kansascity.com/news/politics-government/election/article216310205.html>.
The ballots could tip the balance in the GOP primary<https://www.kansascity.com/news/politics-government/election/article216446680.html> for governor. Kansas Secretary of State Kris Kobach and Gov. Jeff Colyer were separated by a mere 110 votes going into Monday.
The Johnson County Board of Canvassers voted unanimously Monday to fully accept 1,176 ballots based on the recommendation of the county’s election commissioner, Ronnie Metsker.
This included 57 ballots from unaffiliated voters who were incorrectly told on Election Day to cast provisional ballots. Kansas law restricts voters from switching parties on Election Day, but unaffiliated voters are allowed to declare a party at the polls….
correctly instructed to vote provisionally instead of declaring a party and casting a normal ballot.
Metsker said this happened in Johnson County.
“We had one (polling) location where that happened,” Metsker said. “These are citizens. We train them. We train them hard. There were a number of problems at that location.”
The unaffiliated voters were part of a larger group of 264 voters in Johnson County who were incorrectly told by poll workers to cast provisional ballots. All of those votes will count, Metsker said.
The county’s decision to count the unaffiliated voters would seem to put the county at odds with a news release from Assistant Secretary of State Eric Rucker, the deputy whom Kobach has tapped to oversee the counting process in the closest primary race for governor in the state’s history.
Rucker said in an email late Sunday that “there has been considerable public discussion regarding whether unaffiliated voters can participate in Kansas party primary elections.”
He then attached a series of legal instructions including that “if an unaffiliated voter does not complete a party affiliation document, that voter is not entitled to vote at a party primary election.”
This is an issue that could easily end up in court if it makes a difference in the outcome.
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Posted in election administration<https://electionlawblog.org/?cat=18>
“Trump’s Supreme Court pick calls Antonin Scalia a ‘role model’ and a ‘judicial hero'”<https://electionlawblog.org/?p=100607>
Posted on August 13, 2018 9:58 am<https://electionlawblog.org/?p=100607> by Rick Hasen<https://electionlawblog.org/?author=3>
Manu Raju and Joan Biskupic report for CNN.<https://www.cnn.com/2018/08/13/politics/brett-kavanaugh-antonin-scalia-role-model-supreme-court/index.html>
A few of my earlier Slate pieces:
The Only Thing That Might Stop Trump From Replacing Kennedy With a Scalia Clone<https://slate.com/news-and-politics/2018/06/trump-will-replace-kennedy-with-a-scalia-clone-only-one-thing-might-stop-him.html>
How Justice Kennedy’s Successor Will Wreak Havoc on Voting Rights and American Democracy<https://slate.com/news-and-politics/2018/07/justice-kennedys-successor-will-wreak-havoc-on-voting-rights-and-democracy.html>
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Posted in Scalia<https://electionlawblog.org/?cat=123>, Supreme Court<https://electionlawblog.org/?cat=29>
“New coalition plans seven-figure campaign aimed at Puerto Rican voters”<https://electionlawblog.org/?p=100605>
Posted on August 13, 2018 9:53 am<https://electionlawblog.org/?p=100605> by Rick Hasen<https://electionlawblog.org/?author=3>
CBS News:<https://www.cbsnews.com/news/new-coalition-plans-7-figure-campaign-aimed-at-puerto-rican-voters/>
Critics of the Trump administration’s response to the hurricanes that ravaged Puerto Rico<https://www.cbsnews.com/feature/puerto-rico-recovery-hurricane-maria-aftermath/3/> last year are launching a seven-figure campaign to mobilize displaced Puerto Rican voters ahead of the midterm elections – and planning big demonstrations in New York and Florida to mark the anniversary of Hurricane Maria.
In recognition of the anniversary, a major protest is to take place at President Trump’s Mar-a-Lago estate in Florida on Sept. 22, two days after a memorial service and march on Trump Tower in New York, according to organizers.
The events are part of a new project launched by the Latino Victory Project (LVP), a liberal group that supports Latino Democratic political candidates and works to register and mobilize Latinos to vote, and Power 4 Puerto Rico (P4P), an upstart organization that has spent the last year working to draw more attention to the stunted recovery on the island.
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Posted in campaigns<https://electionlawblog.org/?cat=59>
I Spoke with Leah Litman and Ian Samuel for the “First Mondays” Podcast About My Book on Justice Scalia’s Legacy<https://electionlawblog.org/?p=100602>
Posted on August 13, 2018 9:48 am<https://electionlawblog.org/?p=100602> by Rick Hasen<https://electionlawblog.org/?author=3>
Listen here.<http://www.firstmondays.fm/episodes/2018/8/13/in-recess-8-would-you-rather>
(Link to buy the book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption<https://www.amazon.com/Justice-Contradictions-Antonin-Politics-Disruption/dp/0300228643/ref=sr_1_sc_1?ie=UTF8&qid=1534126910&sr=8-1-spell&keywords=rick%20hasan>.)
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Posted in Scalia<https://electionlawblog.org/?cat=123>, Supreme Court<https://electionlawblog.org/?cat=29>
“Voting Rights Advocates Used to Have an Ally in the Government. That’s Changing.”<https://electionlawblog.org/?p=100600>
Posted on August 13, 2018 9:41 am<https://electionlawblog.org/?p=100600> by Rick Hasen<https://electionlawblog.org/?author=3>
Michael Wines<https://www.nytimes.com/2018/08/12/us/voting-rights-voter-id-suppression.html?action=click&module=Top%20Stories&pgtype=Homepage> for the NYT:
In the national battle over voting rights, the fighting is done in court, state by state, over rules that can seem arcane but have the potential to sway the outcome of elections. The Justice Department’s recent actions point to a decided shift in policy at the federal level: toward an agenda embraced by conservatives who say they want to prevent voter fraud….
Critics see in the Justice Department’s moves the ascendance of a longtime Republican political agenda that will increase barriers to the ballot.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>, Voting Rights Act<https://electionlawblog.org/?cat=15>
--
Rick Hasen
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UC Irvine School of Law
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Desc: image004.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180814/594154b6/attachment-0001.png>
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