[EL] ELB News and Commentary 12/4/18

Mon Dec 3 21:59:34 PST 2018

Deep Dive from WaPo: “North Carolina election-fraud investigation centers on operative with criminal history who worked for GOP congressional candidate”<https://electionlawblog.org/?p=102610>
Posted on December 3, 2018 5:31 pm<https://electionlawblog.org/?p=102610> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/politics/north-carolina-election-fraud-investigation-centers-on-operative-with-criminal-history-who-worked-for-gop-congressional-candidate/2018/12/03/7b270a90-f6aa-11e8-8c9a-860ce2a8148f_story.html?utm_term=.fd90228b9f72>

The possibility that November’s vote will be tossed out has prompted an eruption of partisan accusations. The case is politically fraught for Republicans, who in North Carolina and across the country have pushed for voter-identification laws and other restrictions while warning without evidence about the threat of rampant voter fraud, particularly by immigrants in the country illegally.

Now, amid Democratic calls for investigations of a different kind of election fraud — one that allegedly benefited the GOP — Republicans have stayed largely silent about the allegations, instead accusing the state elections board of trying to steal the race.

On Monday, the board issued a subpoena to the Harris campaign, according to campaign attorney John Branch. The board is expected to issue one soon to Red Dome Group, a GOP consulting firm based in the suburbs of Charlotte that hired Dowless, according to two people familiar with the probe.

The elections board has collected information suggesting that high-level officials in the campaign may have been aware of Dowless’s activities, according to the two people.

In statements to The Washington Post, Branch and Harris’s chief consultant, Andy Yates, confirmed that Dowless was hired by Red Dome to work on the campaign but denied that officials were aware of any illegal activity.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Meme of the Day<https://electionlawblog.org/?p=102607>
Posted on December 3, 2018 4:55 pm<https://electionlawblog.org/?p=102607> by Rick Hasen<https://electionlawblog.org/?author=3>

[https://electionlawblog.org/wp-content/uploads/106.jpg]<https://electionlawblog.org/wp-content/uploads/106.jpg>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Maryland: “New partisan gerrymander case reaches Justices”<https://electionlawblog.org/?p=102604>
Posted on December 3, 2018 3:44 pm<https://electionlawblog.org/?p=102604> by Rick Hasen<https://electionlawblog.org/?author=3>

Lyle Denniston<https://constitutioncenter.org/blog/new-partisan-gerrymander-case-reaches-justices>:

Arguing that a state should not have to re-draw its congressional districts twice in a short time span, Maryland officials asked the Supreme Court on Monday to rule that the existing map can be used again in 2020 despite a lower court ruling that it is an unconstitutional partisan gerrymander.

A new map undoubtedly will have to be drawn up after the 2020 census, so the state should not have to craft another one in the meantime for only a single election, the state’s new filing said.

That plea highlighted a new appeal that focuses only on the specifics of the current district lines for just one of the state’s eight seats in the U.S. House of Representatives.  The appeal noticeably does not seek any broader ruling against partisan gerrymander challenges in general.

Link: Read The Appeal<https://constitutioncenter.org/media/files/Benisek_appeal_12-3-18.pdf>
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Posted in redistricting<https://electionlawblog.org/?cat=6>, Supreme Court<https://electionlawblog.org/?cat=29>
Absentee Ballot Fraud Allegations Getting Serious in North Carolina Congressional Race<https://electionlawblog.org/?p=102602>
Posted on December 3, 2018 3:41 pm<https://electionlawblog.org/?p=102602> by Rick Hasen<https://electionlawblog.org/?author=3>

WSOCTV report. <https://www.wsoctv.com/news/local/channel-9-uncovers-similarities-between-absentee-ballots-in-us-house-district-9-race/882660808>
<https://twitter.com/BowTiePolitics/status/1069731637062184960>
[Embedded video]<https://twitter.com/BowTiePolitics/status/1069731637062184960>
[https://pbs.twimg.com/profile_images/1044041619849261057/Cw6MbrT8_bigger.jpg]<https://twitter.com/BowTiePolitics>
<https://twitter.com/BowTiePolitics>
Michael Bitzer at BowTiePolitics<https://twitter.com/BowTiePolitics>

<https://twitter.com/BowTiePolitics/status/1069731637062184960>

This is a stunning admission in the #NC09<https://twitter.com/hashtag/NC09?src=hash> election controversy by ⁦@wsoctv<https://twitter.com/wsoctv>⁩’s ⁦@JoeBrunoWSOC9<https://twitter.com/JoeBrunoWSOC9>⁩ on what one of the “harvesters” did with the absentee by mail ballots she picked up: #ncpol<https://twitter.com/hashtag/ncpol?src=hash>
<https://twitter.com/intent/like?tweet_id=1069731637062184960>
3,994<https://twitter.com/intent/like?tweet_id=1069731637062184960>
3:14 PM - Dec 3, 2018<https://twitter.com/BowTiePolitics/status/1069731637062184960>
<https://twitter.com/BowTiePolitics/status/1069731637062184960>
3,291 people are talking about this<https://twitter.com/BowTiePolitics/status/1069731637062184960>

Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>
“To Protect Election Integrity Common Cause Calls for Up-or-Down Votes on EAC Nominees”<https://electionlawblog.org/?p=102600>
Posted on December 3, 2018 2:53 pm<https://electionlawblog.org/?p=102600> by Rick Hasen<https://electionlawblog.org/?author=3>

Release<https://www.commoncause.org/press-release/to-protect-election-integrity-common-cause-calls-for-up-or-down-votes-on-eac-nominees/>:

Today, Common Cause called on the Senate Rules and Administration Committee to fully staff the Election Assistance Commission (EAC) and hold up-or-down floor votes on the two pending EAC nominees before the end of year. In a letter<https://www.commoncause.org/wp-content/uploads/2018/12/12.3.18-Common-Cause-letter-to-Senate-Rules-Committee-re-EAC-nominees.pdf> Chairman Roy Blunt (R-MO), Ranking Member Amy Klobuchar (D-MN) and the full Committee, Common Cause emphasizes the vital roll the EAC plays in advising the patchwork of state and local officials who oversee our elections.
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Posted in election administration<https://electionlawblog.org/?cat=18>, Election Assistance Commission<https://electionlawblog.org/?cat=34>

“Elijah Cummings Wants Brian Kemp To Testify In Washington About Voter Suppression”<https://electionlawblog.org/?p=102598>
Posted on December 3, 2018 2:51 pm<https://electionlawblog.org/?p=102598> by Rick Hasen<https://electionlawblog.org/?author=3>

Paul Blumenthal for HuffPost:<https://www.huffingtonpost.com/entry/brian-kemp-stacey-abrams-elijah-cummings-voter-suppression_us_5c059a58e4b0cd916faeeeae>

Rep. Elijah Cummings (D-Md.), the incoming chairman of the House Committee on Oversight and Government Reform, is interested in calling Gov.-elect Brian Kemp (R-Ga.) in to testify about allegations that he aided his own campaign by engaging in voter suppression.

“I want to be able to bring people in, like the new governor-to-be of Georgia, to explain, you know, explain to us why is it fair for wanting to be secretary of state and be running [for governor],” Cummings told HuffPost.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Partisan Election Officials Are ‘Inherently Unfair’ But Probably Here To Stay”<https://electionlawblog.org/?p=102596>
Posted on December 3, 2018 2:44 pm<https://electionlawblog.org/?p=102596> by Rick Hasen<https://electionlawblog.org/?author=3>

Miles Parks<https://www.npr.org/2018/11/29/671524134/partisan-election-officials-are-inherently-unfair-but-probably-here-to-stay> for NPR:

When Ohio State elections law professor Daniel Tokaji tells colleagues from other parts of the world about how the United States picks election officials, he says they’re stunned.

“And not in the good way,” says Tokaji.

That’s because in a large portion of the U.S., elections are supervised by an official who is openly aligned with a political party. It’s a system of election administration that’s routinely come under scrutiny over the past two decades, and did again in this year’s midterms especially in Georgia, Florida and Kansas.

“Just about everyone recognizes that it’s inherently unfair for the umpire in our elections to be also a player on one of the two teams, Democrat or Republican,” Tokaji says.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Brenda Snipes says she won’t resign as Broward County election supervisor after all”<https://electionlawblog.org/?p=102594>
Posted on December 3, 2018 11:47 am<https://electionlawblog.org/?p=102594> by Rick Hasen<https://electionlawblog.org/?author=3>

Vox:<https://www.vox.com/2018/11/19/18102781/brenda-snipes-broward-county-resignation-2018-elections>

Brenda Snipes — the controversial Broward County, Florida, elections supervisor who oversaw recent recounts for governor and Senate — resigned<https://www.sun-sentinel.com/news/politics/fl-ne-brenda-snipes-resignation-letter-20181119-story.html> from her position on November 19, saying that she was “ready to pass the torch” and would leave her job on January 4, 2019.

But on December 1, Snipes rescinded her resignation after Republican Gov. Rick Scott suspended her without pay and appointed a replacement. In a statement<https://www.nydailynews.com/news/politics/ny-news-broward-elections-brenda-snipes-20181202-story.html>, Snipes’s attorney said: “We believe these actions are malicious, we believe that the allegations that are set forth in the governor’s executive order are done for the purposes of embarrassing Dr. Snipes — embarrassing her and tarnishing her record — and we will be fighting this.”

It’s not clear what this will mean for Snipes, or for Broward County, but it appears that legal actions may be looming.
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Posted in election law biz<https://electionlawblog.org/?cat=51>

“Ninth Circuit Remands California Party Labels Case Back to U.S. District Court for More Evidence”<https://electionlawblog.org/?p=102592>
Posted on December 3, 2018 11:30 am<https://electionlawblog.org/?p=102592> by Rick Hasen<https://electionlawblog.org/?author=3>

BAN<http://ballot-access.org/2018/12/03/ninth-circuit-remands-california-party-labels-case-back-to-u-s-district-court-for-more-evidence/>:

On December 3, the Ninth Circuit issued an opinion in Soltysik v Padilla, 16-55758. This is the case in which Emidio “Mimi” Soltysik, a registered Socialist, challenged the California law that forces him to appear on the ballot with the label “party preference: none.” By contrast, members of qualified parties have the label “party preference: (here insert the name of the party the candidate is registered into).” The Socialist Party has not been a ballot-qualified party in California since 1938.

Here is the opinion<http://ballot-access.org/wp-content/uploads/2018/12/Document57.pdf>. The vote was 2-1. The opinion is by Judge John B. Owens, an Obama appointee, and signed by Judge William A. Fletcher, a Clinton appointee. The dissent is by Judge Johnnie Rawlinson, also a Clinton appointee. The opinion says that the case is to be remanded back to U.S. District Court, for evidence (the U.S. District Court had originally dismissed the case before allowing any evidence to be presented). The majority says that California must present evidence showing that the law is needed to prevent voter confusion. The decision says on page 16, “Indeed, it seems self-evident” that the existing law causes voter confusion rather than preventing it.
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Posted in ballot access<https://electionlawblog.org/?cat=46>, third parties<https://electionlawblog.org/?cat=47>

Recap of Symposium on Legislative Reform of the Electoral Process<https://electionlawblog.org/?p=102590>
Posted on December 3, 2018 11:07 am<https://electionlawblog.org/?p=102590> by Rick Hasen<https://electionlawblog.org/?author=3>

In collaboration with Take Care<https://takecareblog.com/blog/legislative-reform-of-the-electoral-process>, ELB has presented a series of posts offering thoughts on legislation to reform the U.S. electoral process. Here are the contributions:

Reforming Elections Through Legislation<https://takecareblog.com/blog/reforming-elections-through-legislation>

Joshua Matz | 11/14/18

We are pleased to announce a mini-symposium in collaboration with the Election Law Blog

The Validity of Stopping Voter Suppression<https://takecareblog.com/blog/the-validity-of-stopping-voter-suppression>

Nick Stephanopoulos | 11/14/18

Now that Democrats have taken the House, it’s time to start thinking about stopping voter suppression through legislation—via laws instead of lawsuits

The House Should Pass an Effects-Test Bail-in Provision<https://takecareblog.com/blog/the-house-should-pass-an-effects-test-bail-in-provision>

Travis Crum | 11/15/18

Congress should revise Section 3 of the Voting Rights Act to expand the circumstances in which courts can impose preclearance requirements

Shifting the Burden and Striking a Balance<https://takecareblog.com/blog/shifting-the-burden-and-striking-a-balance>

Lisa Manheim | 11/16/18

It’s no easy task to design effective voting rights legislation that can withstand Supreme Court review

How Congress Can Use Its Constitutional Powers to Guarantee Voting Rights for All<https://takecareblog.com/blog/how-congress-can-use-its-constitutional-powers-to-guarantee-voting-rights-for-all>

David Gans | 11/19/18

The Constitution explicitly gives Congress sweeping powers to protect the right to vote

New Directions For Election-Law Reform<https://takecareblog.com/blog/new-directions-for-election-law-reform>

Rick Pildes | 11/19/18

It’s time to consider some unfamiliar suggestions for election reform

A Grand Election Bargain That Everyone Should Support<https://takecareblog.com/blog/a-grand-election-bargain-that-everyone-should-support>

Dan Tokaji | 11/20/18

Congress should reform voter registration while imposing reasonable voter identification requirements in federal elections

Four Priorities for H.R. 1<https://takecareblog.com/blog/four-priorities-for-h-r-1>

Campaign Legal Center | 11/21/18

Here are the highest priorities for legislative reform on campaign finance, voting rights, redistricting, and ethics

Performance Standards and Design Standards in New Election Legislation<https://takecareblog.com/blog/performance-standards-and-design-standards-in-new-election-legislation>

Justin Levitt | 11/27/18

Congress might learn a lesson from the structure of the Voting Rights Act, even beyond its substance.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“EXCLUSIVE: Absentee ballot envelopes in North Carolina fit into ‘a pattern of fraud'”<https://electionlawblog.org/?p=102588>
Posted on December 3, 2018 9:41 am<https://electionlawblog.org/?p=102588> by Rick Hasen<https://electionlawblog.org/?author=3>

Judd Legum<https://popular.info/p/exclusive-absentee-ballot-envelopes>:

The envelopes of the absentee ballots are a rich source of information because they require not only the signature of the voter but the signature of two witnesses. Pending an investigation by the North Carolina State Board of Elections, which voted unanimously against certifying the election, these envelopes have been impounded.

Under normal circumstances, however, these envelopes are available at the local election board for review as public information. Before the Board of Election’s action, 162 of the absentee ballot envelopes were photocopied. Popular Information obtained the images of these envelopes through a source.

Gerry Cohen, the former special counsel for the North Carolina general assembly and an expert in the state’s election law, told Popular Information the envelopes “fit in with a pattern of fraud.”
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Posted in chicanery<https://electionlawblog.org/?cat=12>, election administration<https://electionlawblog.org/?cat=18>

“Changes to early voting, Wisconsin presidential primary would cost taxpayers millions under GOP plan”<https://electionlawblog.org/?p=102586>
Posted on December 3, 2018 9:02 am<https://electionlawblog.org/?p=102586> by Rick Hasen<https://electionlawblog.org/?author=3>

Patrick Marley<https://www.jsonline.com/story/news/politics/elections/2018/12/03/lame-duck-changes-presidential-primary-voting-laws-cost-millions/2190767002/> for the Journal-Sentinel:

Voting changes Republican lawmakers are considering passing Tuesday would cost taxpayers millions of dollars — and perhaps far more than believed just a few days ago.

In their lame-duck session, GOP lawmakers hope to limit early voting to two weeks and move the 2020 presidential primary from April to March, causing the state to hold three elections instead of two that spring.

Moving the presidential primary will cost about $7 million, according to the Wisconsin Elections Commission.

But the restriction on early voting could add even more costs because the state is sure to face a legal challenge over it if it passes. A similar lawsuit was struck down by U.S. District Judge James Peterson, who found the limit was unconstitutional because it was aimed at helping Republicans by deterring minorities from voting.

If the state loses on the issue, taxpayers would likely have to pay the attorney fees for those bringing the case.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“RED FLAGS: Many Warnings Before Election Night Problems In Porter County, IN”<https://electionlawblog.org/?p=102584>
Posted on December 3, 2018 8:55 am<https://electionlawblog.org/?p=102584> by Rick Hasen<https://electionlawblog.org/?author=3>

Doug Chapin blogs.<http://editions.lib.umn.edu/electionacademy/2018/12/03/red-flags-many-warnings-before-election-night-problems-in-porter-county-in/>
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Posted in election administration<https://electionlawblog.org/?cat=18>

“Georgia group can prove illegal voter purge by Kemp, leader says”<https://electionlawblog.org/?p=102582>
Posted on December 3, 2018 8:53 am<https://electionlawblog.org/?p=102582> by Rick Hasen<https://electionlawblog.org/?author=3>

Jon Ward:<https://ca.style.yahoo.com/georgia-group-can-prove-illegal-voter-purge-kemp-leader-says-100002969.html>

The leader of a group formed by Georgia Democrat Stacey Abrams says it can prove that voters were illegally removed from state rolls over the past few years by the office of former Secretary of State Brian Kemp, who defeated Abrams in a close race for governor.

“We now have individuals who we have worked with and identified who were erroneously caught up in this,” said Lauren Groh-Wargo, CEO of Fair Fight Action. Abrams established the organization after losing to Kemp by 55,000 votes<https://results.enr.clarityelections.com/GA/91639/Web02-state.221451/#/> out of 3.9 million cast.

“We’re going to be able to prove for the first time I think that [Kemp’s] purges were actually illegal,” Groh-Wargo said in an interview for the Yahoo News podcast “The Long Game.”<https://itunes.apple.com/us/podcast/the-long-game/id1248994688?mt=2>

“We did not believe they were being done legally, but we didn’t have enough to prove it. And I believe we do now have enough to show and prove in court that he was purging at a scale that was illegal,” said Groh-Wargo, who was Abrams’s campaign manager.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“Missouri first to adopt fairness test against gerrymandering”<https://electionlawblog.org/?p=102580>
Posted on December 3, 2018 8:39 am<https://electionlawblog.org/?p=102580> by Rick Hasen<https://electionlawblog.org/?author=3>

AP:<https://www.seattletimes.com/nation-world/missouri-first-to-adopt-fairness-test-against-gerrymandering/>

Other states have created independent commissions and required bipartisan votes to redraw legislative and congressional districts. Missouri will be the first to rely on a new mathematical formula to try to engineer “partisan fairness” and “competitiveness” in its state legislative districts; the Legislature will continue drawing the state’s congressional districts.

An Associated Press analysis of the new Missouri formula shows it has the potential to end the Republicans’ supermajorities in the state House and state Senate and move the chambers closer to the more even partisan division that is often reflected in statewide races. But the size of the likely Democratic gains remains uncertain, partly because the formula has never been put to a test.
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Posted in redistricting<https://electionlawblog.org/?cat=6>

--
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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