[EL] ELB News and Commentary 1/5/18

Fri Jan 5 07:48:19 PST 2018

“Fight For Virginia House Continues With Court Hearing”<http://electionlawblog.org/?p=96771>
Posted on January 5, 2018 7:45 am<http://electionlawblog.org/?p=96771> by Rick Hasen<http://electionlawblog.org/?author=3>
AP:<http://talkingpointsmemo.com/news/virginia-house-delegates-election-results-court-hearing>
The long-running fight for control of the Virginia House of Delegates isn’t over.
A federal judge is set to hear arguments Friday in a federal lawsuit challenging the results of a House race after numerous voters were assigned to the wrong district and thus given the wrong ballots. Democrat Joshua Cole lost the Fredericksburg-area seat to Republican Bob Thomas by 73 votes in a race that went to a recount.
The court hearing comes a day after Republican David Yancey won a different seat when his name was drawn from a bowl. The hearing is the latest chapter in a November election — fueled by voter anger directed at Republican President Donald Trump — that saw Democrats wipe out a 66-34 advantage held by Republicans in the House.
That advantage is now down to 51-49.
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Posted in election administration<http://electionlawblog.org/?cat=18>

von Spakovsky, of the Now Defunct Pence-Kobach Fraudulent Fraud Squad, Suddenly Calls for a Greater Federal Role in Elections<http://electionlawblog.org/?p=96769>
Posted on January 5, 2018 7:33 am<http://electionlawblog.org/?p=96769> by Rick Hasen<http://electionlawblog.org/?author=3>
Interesting turnabout:<http://www.wnd.com/2018/01/election-law-expert-feds-do-have-right-to-states-voter-details/>
One of the most common arguments made by state officials in refusing to turn over voter registration lists is that the federal government has no business barging in and demanding states provide the information.
Von Spakovsky says that argument rings hollow given what states constantly do with the same information.
“The information we asked for is information that all of these states routinely sell to candidates and political parties. So why they think they shouldn’t give it to this commission looking at election integrity, I don’t really understand,” said von Spakovsky, who contends the federal government has every right to see the same records.
“The federal government is entitled to that information because those voter registration lists are what are used for federal elections, elections for Congress and the president. Obviously, the federal government has a right to that information,” said von Spakovsky.

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

“Exclusive: Citing registration concerns, attorney warns of false Va. voter fraud prosecutions”<http://electionlawblog.org/?p=96767>
Posted on January 5, 2018 7:31 am<http://electionlawblog.org/?p=96767> by Rick Hasen<http://electionlawblog.org/?author=3>
WTOP:<https://wtop.com/virginia/2018/01/citing-registration-concerns-attorney-warns-false-va-voter-fraud-prosecutions/>
 A Virginia commonwealth’s attorney has warned prosecutors statewide Wednesday against prosecuting certain voter registration fraud cases, due to concerns raised by Virginia registrars.
In an email obtained by WTOP through a Freedom of Information Act request, Chuck Slemp, commonwealth’s attorney for Wise County and the City of Norton, said he has dropped prosecutions in “several cases” where it initially appeared that felons were trying to register to vote through the Department of Motor Vehicles, because he cannot be completely sure any data in the system is accurate.
“I believe that all Commonwealth’s Attorneys should be made aware of this issue because there may be a considerable risk of unfair prosecution of certain individuals statewide,” the email forwarded on Slemp’s behalf said.
WTOP first reported the concerns earlier this week<https://wtop.com/virginia/2018/01/exclusive-va-knew-voting-wrong-house-districts-issues-2017-election/>. In a phone interview, Slemp called the risk of faulty convictions a prosecutor’s worst nightmare….
Slemp said he had been alerted “numerous” times by the registrar of felons attempting to register to vote by apparently lying on voter registrations submitted through the Department of Motor Vehicles, leading to charges in about 10 cases.
“While we were preparing for trial on these cases, and on the day before we were set to enter into a plea agreement on one, we discovered a huge problem,” Slemp wrote his fellow prosecutors.
The state system had apparently automatically populated answers on the printed forms in registrars’ offices, and has since been changed to prevent those answers from showing up when the forms are printed for the same transaction.
“We cannot be certain that any record in the … database is correct at this stage,” Slemp wrote.
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Posted in election administration<http://electionlawblog.org/?cat=18>, felon voting<http://electionlawblog.org/?cat=66>

VP Pence Distances Himself More via New York Times from Pence-Kobach Fraud Commission<http://electionlawblog.org/?p=96765>
Posted on January 5, 2018 7:26 am<http://electionlawblog.org/?p=96765> by Rick Hasen<http://electionlawblog.org/?author=3>
In this Wines/Haberman piece, Trump Closes Voter Fraud Panel That Bickered More Than It Revealed:<https://www.nytimes.com/2018/01/04/us/voting-fraud-commission.html?rref=collection%2Fbyline%2Fmichael-wines&action=click&contentCollection=undefined&region=stream&module=stream_unit&version=latest&contentPlacement=1&pgtype=collection>
Vice President Mike Pence, the nominal leader of the commission, was said to have never considered the inquiry a top priority, and Stephen K. Bannon, its most aggressive champion, had thoroughly fallen out with Mr. Trump, one person close to Mr. Pence said on Thursday. Clearly floundering, the commission had been destined to be moved to an agency at some point, the official said, so the White House decided to push out the news of its shutdown while the uproar around a new book<https://www.nytimes.com/2018/01/03/us/politics/trump-bannon.html> about the presidency, in which Mr. Bannon took on the administration, was dominating cable news coverage.
Pence couldn’t run away from this any faster.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>

Eminent Political Scientists from Across the Political Spectrum Support Tom Brunnell as Trump Census Pick<http://electionlawblog.org/?p=96763>
Posted on January 5, 2018 7:20 am<http://electionlawblog.org/?p=96763> by Rick Hasen<http://electionlawblog.org/?author=3>
Statement from Academic Colleagues Regarding Professor Thomas L. Brunell<https://www.dropbox.com/s/2gtdsx9x5h9m33c/Tom_Brunell_4.pdf?dl=0>
Professor Thomas L. Brunell at the University of Texas at Dallas is being considered for Deputy Director of the US Census.  Professor Brunell is a prominent and highly qualified political scientist.  He is an exceptional scholar who in the last twenty years has produced over 60 publications, many of which appear as peer reviewed articles in some of the leading journals in the discipline. His applied and scholarly research often relies on US Census data and when he was a Congressional Fellow he worked on the committee that oversaw the US Census.  He also has experience as an administrator as a Senior Associate Dean and Director of Graduate Studies.
His book, Redistricting and Representation: Why Competitive Elections are Bad for America, has a provocative title and provocative conclusions, but, in fact, asks and answers a rather simple and mainstream question about the relationship between more homogeneous districts and citizen satisfaction with their member of Congress and the institution of Congress.  He finds that citizens are much more satisfied with their representation when they live in more homogenous districts than when they live in more heterogeneous ones.  While most American political scholars believe and argue that electoral competition is critical to a healthy society, Professor Brunell’s book raises important questions that challenge conventional assumptions and expand our understanding about how institutional design (electoral districts) shapes political attitudes.  Some of us have even assigned his book to our students to read even though we do not agree with all of its conclusions.
In response to criticism regarding Professor Brunell’s academic rigor and politics, we the undersigned, fellow academics who are familiar with the work of, who have worked with, and in some cases co-authored with Professor Brunell, want to acknowledge the overall high quality of his academic record and his experiences working with institutional data.  Together we represent different political, ideological, and party preferences, but nevertheless agree that our personal and professional knowledge of Professor Brunell indicates he is a man of high standards, hard work, and strong ethics.
Lonna Atkeson, University of New Mexico
Chris W. Bonneau, University of Pittsburgh
Shaun Bowler, University of California Riverside
Charles Bullock, University of Georgia
Barry Burden, University of Wisconsin
Russell Dalton, University of California Irvine
Todd Donovan, Western Washington University

  1.  Keith Gaddie, University of Oklahoma
James Garand, Louisiana State University
Jeff Gill, American University
Bernie Grofman, University of California Irvine
M.V. (Trey) Hood III, University of Georgia
Shannon Jenkins, University of Massachusetts Dartmouth
Jeffrey Karp, Brunel University London
Michael D. McDonald, SUNY Binghamton
Eric McGhee
Seth Masket, University of Denver
Wendy Martinek, SUNY Binghamton
Doug Roscoe, University of Massachusetts Dartmouth
Kyle Saunders, Colorado State University
Jonathan Winburn, University of Mississippi

<https://twitter.com/smotus/status/949277372984930304>

[https://pbs.twimg.com/profile_images/235298724/Masket_stamp_normal.jpg]Seth Masket<https://twitter.com/smotus>
✔@smotus<https://twitter.com/smotus>
I am joining a group of political scientists in supporting Tom Brunell’s candidacy for Deputy Director of the US Census. https://www.dropbox.com/s/2gtdsx9x5h9m33c/Tom_Brunell_4.pdf?dl=0 …<https://t.co/cdwStiFYYb> (1/5)
5:52 AM - Jan 5, 2018<https://twitter.com/smotus/status/949277372984930304>
<https://t.co/cdwStiFYYb>
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Tom_Brunell_4.pdf<https://t.co/cdwStiFYYb>
Shared with Dropbox<https://t.co/cdwStiFYYb>
dropbox.com<https://t.co/cdwStiFYYb>

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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Trump’s Voter Fraud Crusade Is Just Beginning”<http://electionlawblog.org/?p=96761>
Posted on January 5, 2018 7:17 am<http://electionlawblog.org/?p=96761> by Rick Hasen<http://electionlawblog.org/?author=3>
Eliza Newlin Carney <https://newrepublic.com/article/146507/trumps-voter-fraud-crusade-just-beginning> with a less rosy view than my own <http://www.latimes.com/opinion/op-ed/la-oe-hasen-election-integrity-commission-20180104-story.html> of what can happen next at DHS.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

Timely ACS Panel with Bauer, Ginsberg, and Others: “The Perils and Possibilities of Election Commissions”<http://electionlawblog.org/?p=96759>
Posted on January 4, 2018 5:50 pm<http://electionlawblog.org/?p=96759> by Rick Hasen<http://electionlawblog.org/?author=3>
Good timing<https://events.acslaw.org/rsvp?id=a0Y0f00000G9eP3>:

The Perils and Possibilities of Election Commissions
January 17, 2018
12:00 PM – 02:00 PM

Event Location:
The National Press Club
National Press Club, 529 14th Street, NW, Floor 13,
Washington DC, DC 20016
Details:
The Perils and Possibilities of Election Commissions
In the nearly two decades since the controversial 2000 presidential election, numerous commissions have been formed to examine and reform our voting processes. These commissions have issued recommendations on a wide variety of subjects, including voter identification, early voting, and online voter registration, and their influence can be seen in Supreme Court decisions and how we conduct our elections at the federal and local levels. Nearly a year ago, the Trump Administration established a “Presidential Advisory Commission on Election Integrity,” which was recently dissolved amid controversy and litigation. This development presents an opportunity to better understand how commissions are supposed to function and how they shape election law and voters’ experiences. Have these election commissions made our system more fair, effective and transparent? How and to what extent have they influenced voter confidence in our elections? And what challenges persist in our election processes that might be worthy of examination by such a commission?
Featuring:
Robert Bauer, Partner, Perkins Coie; Former White House Counsel; Co-Chair of the Presidential Commission on Election Administration
Atiba Ellis, Professor of Law at West Virginia University; Member, U.S. Commission on Civil Rights West Virginia State Advisory Committee
Julie Fernandes, Advocacy Director for Voting Rights and Democracy at Open Society Foundations; Former deputy assistant attorney general for civil rights at the U.S. Department of Justice
Benjamin Ginsberg, Partner, Jones Day; Former National Counsel to Bush-Cheney Campaigns; Co-Chair of the Presidential Commission on Election Administration
Natalie Tennant, Manager of State Advocacy on voting rights and elections at the Brennan Center for Justice at New York University School of Law, Former Secretary of State of West Virginia

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Posted in election administration<http://electionlawblog.org/?cat=18>

“Two Ways of Looking at Gerrymandering”<http://electionlawblog.org/?p=96757>
Posted on January 4, 2018 4:22 pm<http://electionlawblog.org/?p=96757> by Rick Hasen<http://electionlawblog.org/?author=3>
Linda Greenhouse<https://www.nytimes.com/2018/01/04/opinion/gerrymandering-supreme-court.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-right-region&region=opinion-c-col-right-region&WT.nav=opinion-c-col-right-region&_r=1> contrasting Benisk and Gill.
I did my own compare and contrast of the cases last month in the LA Times<http://www.latimes.com/opinion/op-ed/la-oe-hasen-gerrymandering-maryland-20171211-story.html>.
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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>

“Trump’s failed fraud commission: Flawed from the start, dissolved in disgrace”<http://electionlawblog.org/?p=96755>
Posted on January 4, 2018 3:52 pm<http://electionlawblog.org/?p=96755> by Rick Hasen<http://electionlawblog.org/?author=3>
Stephen Spauling has written this oped<http://thehill.com/opinion/white-house/367496-trumps-failed-fraud-commission-flawed-from-the-start-dissolved-in> for the Hill.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>

Kobach Brings Voter Fraud Charges Against Two for Double Voting, Bringing Total to 15 Kobach Kansas Prosecutions (With Most Against Citizens)<http://electionlawblog.org/?p=96753>
Posted on January 4, 2018 2:41 pm<http://electionlawblog.org/?p=96753> by Rick Hasen<http://electionlawblog.org/?author=3>
KC Star reports.<http://www.kansascity.com/news/politics-government/article193012809.html>
A veritable epidemic.
(Over 1.1 million Kansans<https://www.kssos.org/elections/16elec/2016_General_Election_Official_Results.pdf> voted in 2016.)

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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Politifact Rates as False Trump’s Latest Claim That There is “Substantial Evidence of Voter Fraud”<http://electionlawblog.org/?p=96751>
Posted on January 4, 2018 2:33 pm<http://electionlawblog.org/?p=96751> by Rick Hasen<http://electionlawblog.org/?author=3>
Personally<http://www.politifact.com/truth-o-meter/statements/2018/jan/04/donald-trump/donald-trump-says-theres-substantial-evidence-vote/> I would have given it a Pants on Fire.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

DHS Says Kobach Won’t Be Advising on Voter Integrity Issues; Kobach Says Otherwise<http://electionlawblog.org/?p=96749>
Posted on January 4, 2018 2:22 pm<http://electionlawblog.org/?p=96749> by Rick Hasen<http://electionlawblog.org/?author=3>
View image on Twitter<https://twitter.com/srl/status/948991484199604230/photo/1>
[iew image on Twitter]<https://twitter.com/srl/status/948991484199604230/photo/1>
<https://twitter.com/srl/status/948991484199604230>

[https://pbs.twimg.com/profile_images/843962466539208704/JM49BrmS_normal.jpg]Sam Levine<https://twitter.com/srl>
✔@srl<https://twitter.com/srl>
New: DHS statement says Kris Kobach not advising agency on election work, vague on what it will do to study voter fraud.
10:56 AM - Jan 4, 2018<https://twitter.com/srl/status/948991484199604230>

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[https://pbs.twimg.com/profile_images/875472707667865600/9vRpqPxL_normal.jpg]David Becker<https://twitter.com/beckerdavidj>
✔@beckerdavidj<https://twitter.com/beckerdavidj>
Contradicting the @DHSgov<https://twitter.com/DHSgov> statement, Kobach tells @npratc<https://twitter.com/npratc> he will continue to be involved in the voter fraud investigation as an “advisor”.
2:17 PM - Jan 4, 2018<https://twitter.com/beckerdavidj/status/949042052574179329>

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

“Trump will still yell about voter fraud, but at least his clownish election commission can’t do any lasting damage”<http://electionlawblog.org/?p=96747>
Posted on January 4, 2018 12:37 pm<http://electionlawblog.org/?p=96747> by Rick Hasen<http://electionlawblog.org/?author=3>
I have written this oped <http://www.latimes.com/opinion/op-ed/la-oe-hasen-election-integrity-commission-20180104-story.html> for the Los Angeles Times. It begins:
President Trump<http://www.latimes.com/topic/politics-government/donald-trump-PEBSL000163-topic.html>’s precipitous decision<https://www.nytimes.com/2018/01/03/us/politics/trump-voter-fraud-commission.html> Wednesday to shutter his “election integrity” commission — buried<http://mailchi.mp/cnn/rs-jan-3-2018> amid a slew of revelations from Michael Wolff’s new tell-all book about the Trump campaign and presidency — is good news for Americans who care about fair elections in the United States. Though Trump’s tweets<https://twitter.com/realDonaldTrump/status/948872192284155904> Thursday<https://twitter.com/realDonaldTrump/status/948874586006925313> about voter fraud and his announcement that he will shift the commission’s investigation to the Department of Homeland Security<http://www.latimes.com/topic/unrest-conflicts-war/defense/u.s.-department-of-homeland-security-ORGOV0000136-topic.html> means he won’t let go of the issue, the greatest immediate danger to voting rights seems to have passed.
It concludes:
After Trump’s announcement, a White House official told CNN<http://www.cnn.com/2018/01/03/politics/presidential-election-commission/index.html> that the commission went “off the rails” and Pence distanced himself from it. Kobach tried to put the best face on things Wednesday night, telling Politico:<https://www.politico.com/story/2018/01/03/trump-disbands-voter-fraud-commission-322621>“Anyone on the left needs to realize that by throwing the food in the air, they just lost a seat at the table.” He said he expected Immigration and Customs Enforcement<http://www.latimes.com/topic/social-issues/u.s.-immigration-customs-enforcement-ORGOV0000136156-topic.html> officials in the Department of Homeland Security to take up where the commission left off.
But it is not clear that ICE would be able to accomplish more than this doomed commission. Privacy rules require<https://twitter.com/_justinlevitt_/status/948743608898699264> federal agencies to disclose the use of voter data. If the Homeland Security Department actually does something to please Trump, it will undermine its reputation, and thus its work advising state election officials about how to combat foreign hacking. There will be more lawsuits. Without a commission, there will no longer be a veneer<http://electionlawblog.org/?p=93553> of “bipartisanship,” which could be used to sell new restrictive voting legislation.
Trump will still yell about voter fraud. But the commission was bankrupt before Trump officially yanked its charter, and perhaps with its clownish demise the country can get on to the serious business of improving our election system and protecting it from external hacking and other threats. That remains a desperate need<https://www.nytimes.com/2017/07/15/opinion/sunday/dont-let-our-democracy-collapse.html>.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

--
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>
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http://electionlawblog.org<http://electionlawblog.org/>
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