[EL] ELB News and Commentary 2/13/18

[Rick Hasen]

My New One at WaPo on the Second Anniversary of Justice Scalia’s Death: “Antonin Scalia’s disruption of the Supreme Court’s ways is here to stay”<http://electionlawblog.org/?p=97478>
Posted on February 13, 2018 6:02 am<http://electionlawblog.org/?p=97478> by Rick Hasen<http://electionlawblog.org/?author=3>

I have written this piece<https://www.washingtonpost.com/news/posteverything/wp/2018/02/13/antonin-scalias-disruption-of-the-supreme-courts-ways-is-here-to-stay/?nid&utm_term=.562a62dc7b30> for the Washington Post. A snippet:

Scalia disrupted business as usual on the court just like Gingrich disrupted the U.S. House of Representatives in the 1990s and Trump is now disrupting the presidency. Scalia changed the way the Supreme Court writes and analyzes its cases and the tone judges and lawyers use to disagree with each other, evincing a pungent anti-elitist populism that, aside from some criminal procedure cases, mostly served his conservative values. Now the judiciary is being filled at a frenetic pace by Trump and Senate Republicans with Scalian acolytes like Supreme Court Justice Neil M. Gorsuch, who will use Scalia’s tools to further delegitimize their liberal opponents and continue to polarize the federal courts….

Scalia came in with different ideas, which he said were compelled by the limited grant of judicial power in the Constitution and would increase the legitimacy of judicial decision-making. He offered revamped, supposedly neutral jurisprudential theories. Yet, as I argue in my upcoming 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_1?ie=UTF8&qid=1516904231&sr=8-1&keywords=richard+l.+hasen>,” his doctrines were usually flexible enough to deliver opinions consistent with his conservative libertarian ideology.

He was an “originalist” who believed that constitutional provisions should be interpreted in line with their public meaning at the time of enactment, as when he argued that<https://www.amazon.com/Justice-Contradictions-Antonin-Politics-Disruption/dp/0300228643/ref=sr_1_1?ie=UTF8&qid=1516904231&sr=8-1&keywords=richard+l.+hasen> the 14th Amendment’s equal protection clause did not apply to sex discrimination — except when he wasn’t, as when in affirmative action cases, he consistently ignored evidence that at the time the equal protection clause was ratified, Congress enacted preferences specifically intending to help African Americans.

Under his view of “textualism,” the interpretation of statutes turned on wordplay. He refused to look at “legislative history” such as committee reports to figure out what members of Congress thought a statute meant. He’d instead pull out a dictionary and try to parse the words like a grammar lesson. It was this unremitting textualism that led him to dissent in the 2015 case King v. Burwell,<https://www.law.cornell.edu/supremecourt/text/14-114#writing-14-114_DISSENT_4> one of the court’s Obamacare cases. If it were up to Scalia, the law would have gone into a death spiral because of his interpretation of a single clause of a single sentence in the 2,700-page statute read out of context. But he was not always a textualist — other times, as in an obscure case<https://www.law.cornell.edu/supremecourt/text/490/504#writing-type-10-SCALIA> involving the admission of evidence that a witness had committed a crime, Scalia argued for rewriting a statute “to do least violence to the statutory text” when its meaning was “absurd.”
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97478&title=My%20New%20One%20at%20WaPo%20on%20the%20Second%20Anniversary%20of%20Justice%20Scalia%E2%80%99s%20Death%3A%20%E2%80%9CAntonin%20Scalia%E2%80%99s%20disruption%20of%20the%20Supreme%20Court%E2%80%99s%20ways%20is%20here%20to%20stay%E2%80%9D>
Posted in Scalia<http://electionlawblog.org/?cat=123>, Supreme Court<http://electionlawblog.org/?cat=29>


“Fake News and Bots May Be Worrisome, but Their Political Power Is Overblown”<http://electionlawblog.org/?p=97476>
Posted on February 13, 2018 6:00 am<http://electionlawblog.org/?p=97476> by Rick Hasen<http://electionlawblog.org/?author=3>

Brendan Nyhan<https://www.nytimes.com/2018/02/13/upshot/fake-news-and-bots-may-be-worrisome-but-their-political-power-is-overblown.html?rref=collection%2Fsectioncollection%2Fpolitics&action=click&contentCollection=politics&region=stream&module=stream_unit&version=latest&contentPlacement=1&pgtype=sectionfront> for NYT’s The UpShot.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97476&title=%E2%80%9CFake%20News%20and%20Bots%20May%20Be%20Worrisome%2C%20but%20Their%20Political%20Power%20Is%20Overblown%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>


“Fights over voting rights a prelude to November midterm election”<http://electionlawblog.org/?p=97473>
Posted on February 13, 2018 5:56 am<http://electionlawblog.org/?p=97473> by Rick Hasen<http://electionlawblog.org/?author=3>

McClatchy<http://www.mcclatchydc.com/news/politics-government/election/article199780269.html> with a voting wars curtain raiser.  You are not going to want to miss some of the quotes in this article.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97473&title=%E2%80%9CFights%20over%20voting%20rights%20a%20prelude%20to%20November%20midterm%20election%E2%80%9D>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


“The second most important election of 2018 is this June in Maine”<http://electionlawblog.org/?p=97471>
Posted on February 13, 2018 5:52 am<http://electionlawblog.org/?p=97471> by Rick Hasen<http://electionlawblog.org/?author=3>

Lee Drutman<https://www.vox.com/polyarchy/2018/2/12/17004692/maine-election-ranked-choice-voting> for Vox:

Some good news<http://www.pressherald.com/2018/02/02/ranked-choice-voters-submit-signatures-for-peoples-veto-ballot-initiative/> came out of Maine last week. Supporters of ranked-choice voting delivered more than 80,000 signatures on behalf of a statewide referendum, well over the 61,123 they needed to get the measure on the ballot. That means that Maine residents will vote<http://bangordailynews.com/2018/02/05/the-point/what-mainers-need-to-know-about-the-latest-ranked-choice-voting-twist/> in June on whether they want ranked-choice voting.

If news of a state referendum on ranked-choice voting in Maine sounds familiar, that’s because it is. Maine residents already did this once before, in November 2016.

If Maine implements ranked-choice voting, over the objection of threatened political incumbents, it could set an important precedent for the nation, building momentum for a much-needed reform to our broken electoral system. That makes the June Maine vote the second most important election of 2018.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97471&title=%E2%80%9CThe%20second%20most%20important%20election%20of%202018%20is%20this%20June%20in%20Maine%E2%80%9D>
Posted in alternative voting systems<http://electionlawblog.org/?cat=63>


David Brooks Says that Despite Structural Barriers, U.S. Could End Up with a Multi-Party System<http://electionlawblog.org/?p=97469>
Posted on February 13, 2018 5:50 am<http://electionlawblog.org/?p=97469> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT column.<https://www.nytimes.com/2018/02/12/opinion/trump-republicans-scarcity.html>


[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97469&title=David%20Brooks%20Says%20that%20Despite%20Structural%20Barriers%2C%20U.S.%20Could%20End%20Up%20with%20a%20Multi-Party%20System>
Posted in alternative voting systems<http://electionlawblog.org/?cat=63>, third parties<http://electionlawblog.org/?cat=47>


Texas Defends Its Lack of Latino Appellate Judges by Claiming It is All About Party, Not Race<http://electionlawblog.org/?p=97467>
Posted on February 12, 2018 7:28 pm<http://electionlawblog.org/?p=97467> by Rick Hasen<http://electionlawblog.org/?author=3>

Courthouse News Service:<https://www.courthousenews.com/texas-defends-against-hispanic-voting-rights-claims/>

“Since 1945, only five of the 76 justices to serve on the Supreme Court, a mere 6.6 percent, were Latino. During the same period, 69 of those 76 justices, or 89.5 percent, were white,” LUPE said in its first amended complaint, filed in September 2016. “Since 1945, only two of the 48 judges to serve on the Court of Criminal Appeals, or 4.2 percent, were Latino. During the same period, 44 of those 48 judges, or 91.7 percent, were white.”

When a vacancy comes up on either court, the governor appoints a replacement, who serves until the next general election and can then run for the seat.

“No Latino candidate has ever won election to either court without first being appointed by the governor,” the amended complaint states….

But Texas argues that its statewide judicial elections are being decided along partisan political lines, not racial lines.

Republicans dominate elections in Texas, perhaps more so than in any other U.S. state. Democrats have not won a statewide race in Texas since 1994.

The party affiliation of the 18 judges on the high courts appears to back Texas’ claims: All of them are Republican.

Besides that, Texas says, history and precedent is on its side.

In a pretrial brief<http://www.courthousenews.com/wp-content/uploads/2018/02/TexasBriefLUPE.pdf> filed early Monday, Texas cited the en banc Fifth Circuit’s 1993 ruling in LULAC v. Clements, in which a majority of the appellate court’s judges rejected a challenge to Texas’ process for selecting judges through countywide elections.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97467&title=Texas%20Defends%20Its%20Lack%20of%20Latino%20Appellate%20Judges%20by%20Claiming%20It%20is%20All%20About%20Party%2C%20Not%20Race>
Posted in judicial elections<http://electionlawblog.org/?cat=19>, Voting Rights Act<http://electionlawblog.org/?cat=15>


NC: “Wake-Mecklenburg maps stand as GOP drew them, with hours left before candidates file”<http://electionlawblog.org/?p=97464>
Posted on February 12, 2018 1:29 pm<http://electionlawblog.org/?p=97464> by Rick Hasen<http://electionlawblog.org/?author=3>

News and Observer:<http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article199638624.html>

A panel of judges rejected a request from Democrats and voters who filed the first lawsuit this decade challenging North Carolina lawmakers’ redistricting plans to provide relief from election districts in Wake and Mecklenburg counties they contend are unconstitutional.

The decision came on Monday hours before candidates are set to begin filing for office.

The t]<http://media2.newsobserver.com/static/content/multimedia/interactive/ncredistrict/ncredistrict-pym.html>hree superior court judges noted time constraints in their decision and said that while the challengers might indeed have issues appropriate for the state court to consider, they did not arise from the Dickson case.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97464&title=NC%3A%20%E2%80%9CWake-Mecklenburg%20maps%20stand%20as%20GOP%20drew%20them%2C%20with%20hours%20left%20before%20candidates%20file%E2%80%9D>
Posted in redistricting<http://electionlawblog.org/?cat=6>


“California Local Redistricting Project Releases New Tool to Facilitate Local Redistricting Reform”<http://electionlawblog.org/?p=97462>
Posted on February 12, 2018 1:28 pm<http://electionlawblog.org/?p=97462> by Rick Hasen<http://electionlawblog.org/?author=3>

Release:<http://www.commoncause.org/press/press-releases/california-local-redistricting-project-releases-new-tool-to-facilitate-local-redistricting-reform.html>

Today, the California Local Redistricting Project<http://www.localredistricting.org/> – a joint project of the University of the Pacific, McGeorge School of Law’s Capital Center for Law & Policy<http://www.mcgeorge.edu/Faculty_and_Scholarship/Centers_and_Institutes/Capital_Center_for_Law_and_Policy.htm> and California Common Cause<http://www.commoncause.org/states/california/> – announced the release of a new tool to enable local governments to fight redistricting abuse at the local level. The Project’s ordinance generator, hosted at www.localredistricting.org/generator<http://www.localredistricting.org/generator>, enables any user to easily draft a sample ordinance for establishing a local, independent redistricting commission, which is considered a vital redistricting best practice by good government watchdogs.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97462&title=%E2%80%9CCalifornia%20Local%20Redistricting%20Project%20Releases%20New%20Tool%20to%20Facilitate%20Local%20Redistricting%20Reform%E2%80%9D>
Posted in redistricting<http://electionlawblog.org/?cat=6>


“Trump’s Controversial Pick to Run the 2020 Census Withdraws”<http://electionlawblog.org/?p=97460>
Posted on February 12, 2018 12:23 pm<http://electionlawblog.org/?p=97460> by Rick Hasen<http://electionlawblog.org/?author=3>

Ari Berman:<https://www.motherjones.com/politics/2018/02/trumps-controversial-pick-to-run-the-2020-census-withdraws/>

The Trump administration’s controversial pick to run the 2020 census<https://www.motherjones.com/politics/2018/01/trumps-pick-to-run-2020-census-has-defended-racial-gerrymandering-and-voter-suppression-laws/> has withdrawn from consideration to be deputy director of the US Census Bureau, according to sources close to the bureau.

In November, Politico reported<https://www.politico.com/story/2017/11/21/trump-census-pick-causes-alarm-252571> that the administration planned put Thomas Brunell, a political science professor who has defended Republican redistricting efforts in more than a dozen states, in charge of the decennial census count. He was supposed to begin in late November, according to documents from the Census Bureau<https://protectdemocracy.org/resource-library/document/foia-response-census-bureau-census-leadership-january-12-2018/> released by the watchdog group Protect Democracy as part of a Freedom of Information Act request. But civil rights advocates and Democratic members of Congress pushed back against the appointment.

Now Brunell has withdrawn from consideration, according to two sources who were informed of his decision. Brunell and the Commerce Department, which houses the Census Bureau, did not immediately respond to requests for confirmation.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97460&title=%E2%80%9CTrump%E2%80%99s%20Controversial%20Pick%20to%20Run%20the%202020%20Census%20Withdraws%E2%80%9D>
Posted in redistricting<http://electionlawblog.org/?cat=6>


Top Recent Downloads in Election Law on SSRN<http://electionlawblog.org/?p=97458>
Posted on February 12, 2018 8:25 am<http://electionlawblog.org/?p=97458> by Rick Hasen<http://electionlawblog.org/?author=3>

Here<http://papers.ssrn.com/sol3/topten/topTenResults.cfm?groupingId=991929&netorjrnl=jrnl>:
Rank

Paper

Downloads

1.

How Big Money Ruined Public Life in Wisconsin<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3086693>
Lynn Adelman<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1249821>
U.S. District Court – Eastern District of WI

Date Posted: 14 Dec 2017
Last Revised: 14 Dec 2017

148

2.

What is Puerto Rico?<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3103932>
Samuel Issacharoff<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=48053>, Alexandra Bursak<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2886507>, Russell Rennie<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2801308> and Alec Webley<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2562644>
New York University School of Law, New York University School of Law, United States Court of Appeals for the Ninth Circuit and Covington & Burling – Washington, D.C. Office

Date Posted: 18 Jan 2018
Last Revised: 18 Jan 2018

110

3.

Precedent, Three-Judge District Courts, and the Law of Democracy<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3099771>
Joshua Douglas<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=683935> and Michael Solimine<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=47526>
University of Kentucky – College of Law and University of Cincinnati – College of Law

Date Posted: 16 Jan 2018
Last Revised: 16 Jan 2018

83

4.

Reconstituting Constitutional Orders<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3086793>
Cristina Rodriguez<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=510012>, Manuel Cepeda-Espinosa<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2628414>, Harold Hongju Koh<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=454011>, Dieter Grimm<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=103162>, The Hon. Frank Iacobucci<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2499835>, Clare Ryan<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2862642>, Miguel Poiares Maduro<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=836281>, Kim Lane Scheppele<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=570074>, Kate Stith<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=183048>, Marta Cartabia<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2628413>, more…<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3086793>
Yale Law School, Constitutional Court of Colombia, Yale Law School, Wissenschaftskolleg zu Berlin, Supreme Court of Canada, Yale University, European University Institute, Program in Law and Public Affairs, Princeton University, Yale University – Law School, Constitutional Court of Italy

Date Posted: 16 Dec 2017
Last Revised: 28 Dec 2017

82

5.

Continuing Evidence of Discrimination Among Local Election Officials<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3089893>
D. Alex Hughes<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1707089>, Micah Gell-Redman<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1065651>, Charles Crabtree<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2211634>, Natarajan Krishnaswami<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2869694>, Diana Rodenberger<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2869696> and Guillermo Monge<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2869698>
University of California, Berkeley, University of Georgia, University of Michigan – Political Science, Students, University of California, Berkeley – School of Information, University of California, Berkeley – School of Information and University of California, Berkeley – School of Information

Date Posted: 21 Dec 2017
Last Revised: 22 Dec 2017

67

6.

‘Civil Right No. 1:’ Dr. King’s Unfinished Voting Rights Revolution<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3107752>
Richard L. Hasen<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=337>
University of California, Irvine School of Law

Date Posted: 29 Jan 2018
Last Revised: 29 Jan 2018

42

7.

The Disparate Impact Canon<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3110990>
Michael Morley<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2159971>
Barry University School of Law

Date Posted: 05 Feb 2018
Last Revised: 05 Feb 2018

41

8.

Judging Law in Election Cases<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3085289>
Michael S. Kang<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=535746> and Joanna Shepherd<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=263018>
Emory University School of Law and Emory University School of Law

Date Posted: 13 Dec 2017
Last Revised: 14 Dec 2017

31

9.

Partisan Gerrymandering: Re-Establishing the Political Question Doctrine in Gill v. Whitford<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3089830>
Connor Maag<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2647136>
UCLA School of Law

Date Posted: 18 Dec 2017
Last Revised: 18 Dec 2017

30

10.

Pick on Someone Your Own Size: Eradicating Partisan Bias with District Shapes Based on Previous Voting Behavior<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3095998>
Valentin Vandendaele<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2361723>
Leiden University – Europa Institute

Date Posted: 08 Jan 2018
Last Revised: 08 Jan 2018

[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97458&title=Top%20Recent%20Downloads%20in%20Election%20Law%20on%20SSRN>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>


Speaking About Scalia Book in Boston, March 15 at Northeastern<http://electionlawblog.org/?p=97456>
Posted on February 12, 2018 8:16 am<http://electionlawblog.org/?p=97456> by Rick Hasen<http://electionlawblog.org/?author=3>

I’ll be interviewed by Dan Urman<https://www.northeastern.edu/cssh/policyschool/lives-law-public-policy/> for their  Lives in Law and Policy Speaker Series, on March 15 at 6 pm. The event is open to the public at 1135 Tremont Street, Boston, MA 02120.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97456&title=Speaking%20About%20Scalia%20Book%20in%20Boston%2C%20March%2015%20at%20Northeastern>
Posted in Scalia<http://electionlawblog.org/?cat=123>


“DHS Statement On NBC News Coverage Of Election Hacking”—WOW<http://electionlawblog.org/?p=97453>
Posted on February 12, 2018 8:00 am<http://electionlawblog.org/?p=97453> by Rick Hasen<http://electionlawblog.org/?author=3>

Oh my:<https://content.govdelivery.com/accounts/USDHS/bulletins/1da3cbf>

Today, Jeanette Manfra, National Protection and Programs Directorate (NPPD) Assistant Secretary for the Office of Cybersecurity and Communications, released the following statement regarding the recent NBC news coverage<https://www.nbcnews.com/politics/elections/russians-penetrated-u-s-voter-systems-says-top-u-s-n845721> on the Department of Homeland Security’s efforts to combat election hacking.

“Recent NBC reporting has misrepresented facts and confused the public with regard to Department of Homeland Security and state and local government efforts to combat election hacking.  First off, let me be clear: we have no evidence – old or new – that any votes in the 2016 elections were manipulated by Russian hackers.  NBC News continues to falsely report my recent comments on attempted election hacking – which clearly mirror my testimony before the Senate Intelligence Committee last summer – as some kind of “breaking news,” incorrectly claiming a shift in the administration’s position on cyber threats.  As I said eight months ago, a number of states were the target of Russian government cyber actors seeking vulnerabilities and access to U.S. election infrastructure. In the majority of cases, only preparatory activity like scanning was observed, while in a small number of cases, actors were able to access the system but we have no evidence votes were changed or otherwise impacted.

“NBC’s irresponsible reporting, which is being roundly criticized elsewhere in the media and by security experts alike, undermines the ability of the Department of Homeland Security, our partners at the Election Assistance Commission, and state and local officials across the nation to do our incredibly important jobs. While we’ll continue our part to educate NBC and others on the threat, more importantly, the Department of Homeland Security and our state and local partners will continue our mission to secure the nation’s election systems.

“To our state and local partners in the election community: there’s no question we’re making real and meaningful progress together. States will do their part in how they responsibly manage and implement secure voting processes.  For our part, we’re going to continue to support with risk and vulnerability assessments, offer cyber hygiene scans, provide real-time threat intel feeds, issue security clearances to state officials, partner on incident response planning, and deliver cybersecurity training. The list goes on of how we’re leaning forward and helping our partners in the election community.  We will not stop, and will stand by our partners to protect our nation’s election infrastructure and ensure that all Americans can have confidence in our democratic elections.”
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97453&title=%E2%80%9CDHS%20Statement%20On%20NBC%20News%20Coverage%20Of%20Election%20Hacking%E2%80%9D%E2%80%94WOW>
Posted in election administration<http://electionlawblog.org/?cat=18>


--
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/>


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180213/f899a2cd/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180213/f899a2cd/attachment.png>