[EL] ELB News and Commentary 1/9/18

Mon Jan 8 20:47:01 PST 2018

“Virginia voters file appeal to block Republican from taking office in House race tainted by ballot mix-up”<http://electionlawblog.org/?p=96808>
Posted on January 8, 2018 8:14 pm<http://electionlawblog.org/?p=96808> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/local/virginia-politics/virginia-voters-file-appeal-to-block-republican-from-taking-office-house-race-tainted-by-ballot-mix-up/2018/01/07/718bf2e4-f3df-11e7-beb6-c8d48830c54d_story.html?utm_term=.8758f3207795>
Four Democratic voters in Virginia are appealing a court decision that cleared the way for Republicans to take control of the state House of Delegates.
At issue is whether errors that led some voters in an extremely close Northern Virginia House race to be given the wrong ballots were so significant that Republican Robert Thomas, the victor, should not be seated when the General Assembly convenes on Wednesday.
Late Friday, U.S. District Judge T.S. Ellis III of the Eastern District of Virginia decided they were not<https://www.washingtonpost.com/local/virginia-politics/judge-hears-arguments-in-tight-virginia-house-race-where-voters-got-wrong-ballots/2018/01/05/bea83732-f0be-11e7-b390-a36dc3fa2842_story.html?utm_term=.9f451af91f6d>.
The four voters have appealed Ellis’s decision to the U.S. Court of Appeals for the 4th Circuit and filed an emergency motion there to stop Thomas from being seated.
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Posted in recounts<http://electionlawblog.org/?cat=50>

“Contrary to his claims, Kobach not part of new voter fraud investigation, DHS says”<http://electionlawblog.org/?p=96804>
Posted on January 8, 2018 7:56 pm<http://electionlawblog.org/?p=96804> by Rick Hasen<http://electionlawblog.org/?author=3>
KC Star:<http://www.kansascity.com/news/politics-government/article193647529.html>
Kobach, a candidate for governor, told The Star last week that he would “be working closely with DHS and the White House as the investigation moves forward.” He said that the agency would be looking for non-citizens on the voter rolls, an issue that Kobach has heavily promoted during his seven years as Kansas secretary of state.
However, a spokesman for DHS contradicted Kobach’s characterization of his role in that agency’s work.
“Mr. Kobach is not advising DHS in a formal or informal manner,” said Tyler Q. Houlton, a spokesman for DHS. “Of course, if an issue were to arise, we would work with him in his official capacity as the Kansas secretary of state as we do with any secretary of state and other state and local officials.”
Kobach maintained in a phone call Monday evening that he had been given assurances by the White House that he would remain involved in the process.
“I can tell you this, I was informed by the White House when the president made his final decision that they wanted me to be working closely with the president and this team. … And that team is both the White House and DHS,” Kobach said.
He blamed the confusion with DHS on the fact that he would no longer be serving in a formal role.
“What hasn’t been fleshed out is that capacity,” he said. “I will not take on a formal adviser role.”
Meanwhile:
<https://twitter.com/srl/status/950575039790964736>

[https://pbs.twimg.com/profile_images/843962466539208704/JM49BrmS_bigger.jpg]Sam Levine<https://twitter.com/srl>
✔@srl<https://twitter.com/srl>
New: The @ACLU<https://twitter.com/ACLU> just filed a contempt motion against Kris Kobach, alleging he is failing to comply with a 2016 court order blocking Kansas' proof of citizenship law (deleted previous tweet with wrong year because I still haven't gotten used to it being 2018)
7:48 PM - Jan 8, 2018<https://twitter.com/srl/status/950575039790964736>

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

Profs. Grofman and Gaddie Team Up Again to Write Brief on Partisan Gerrymandering (This Time in Pa. Supreme Court Case)<http://electionlawblog.org/?p=96801>
Posted on January 8, 2018 8:24 am<http://electionlawblog.org/?p=96801> by Rick Hasen<http://electionlawblog.org/?author=3>
You can read it at this link.<http://electionlawblog.org/wp-content/uploads/grofman-gaddie.pdf>
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Posted in redistricting<http://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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