[EL] ELB News and Commentary 7/16/18

Mon Jul 16 09:08:13 PDT 2018

“Brett Kavanaugh, Who Has Ruled Against Campaign Finance Regulations, Could Bring an Avalanche of Big Money to Elections”<http://electionlawblog.org/?p=100123>
Posted on July 16, 2018 9:06 am<http://electionlawblog.org/?p=100123> by Rick Hasen<http://electionlawblog.org/?author=3>

Lee Fang<https://theintercept.com/2018/07/12/brett-kavanaugh-supreme-court-donor-disclosure/> for The Intercept.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100123&title=%E2%80%9CBrett%20Kavanaugh%2C%20Who%20Has%20Ruled%20Against%20Campaign%20Finance%20Regulations%2C%20Could%20Bring%20an%20Avalanche%20of%20Big%20Money%20to%20Elections%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

Georgetown Institute for Constitutional Advocacy and Protection: “ex-CYBERSECURITY officials: CENSUS Bureau must address hacking concerns”<http://electionlawblog.org/?p=100121>
Posted on July 16, 2018 8:59 am<http://electionlawblog.org/?p=100121> by Rick Hasen<http://electionlawblog.org/?author=3>

Via email:

On the heels of new indictments of Russians for hacking the 2016 election, former cybersecurity officials are warning that the nation’s “foundation for fair and just elections” — the Census — could be ripe for hacking.

Despite repeated calls from Congress and the public, the Census Bureau has yet to confirm that basic cybersecurity measures are in place for the nation’s first electronic census in 2020 — according to leading cybersecurity experts.

In a new letter<http://georgetown.pr-optout.com/Tracking.aspx?Data=HHL%3d%3a390%3d1-%3eLCE59%2b38%3f%26SDG%3c90%3a.&RE=MC&RI=5284802&Preview=False&DistributionActionID=359382&Action=Follow+Link> coordinated by Georgetown Law’s Institute for Constitutional Advocacy and Protection<http://georgetown.pr-optout.com/Tracking.aspx?Data=HHL%3d%3a390%3d1-%3eLCE59%2b38%3f%26SDG%3c90%3a.&RE=MC&RI=5284802&Preview=False&DistributionActionID=359381&Action=Follow+Link>, former White House, DHS, FBI, NSA, DOJ, ODNI, and State Department cyber and technology officials call on the Census Bureau to share publicly its cybersecurity preparations for the 2020 Census.

[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100121&title=Georgetown%20Institute%20for%20Constitutional%20Advocacy%20and%20Protection%3A%20%E2%80%9Cex-CYBERSECURITY%20officials%3A%20CENSUS%20Bureau%20must%20address%20hacking%20concerns%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“FBI Official Overseeing Election-Meddling Task Force Has Left”<http://electionlawblog.org/?p=100119>
Posted on July 16, 2018 8:52 am<http://electionlawblog.org/?p=100119> by Rick Hasen<http://electionlawblog.org/?author=3>

WSJ:<https://www.wsj.com/articles/fbi-official-overseeing-election-meddling-task-force-has-left-1531576801?mod=e2twp>

A senior FBI official overseeing a government task force that addresses Russian attempts to meddle in U.S. elections has left the government for a job in the private sector, a departure that comes just months ahead of the 2018 midterm contests.

Jeffrey Tricoli had been coleading the FBI foreign influence task force until June, when he left government work for a senior vice president job at Charles Schwab<http://quotes.wsj.com/SCHW> Corp. , the company confirmed.

Mr. Tricoli, an 18-year veteran of the FBI who became a section chief of the bureau’s cyber division in December 2016, didn’t respond to requests for comment sent to his personal email and LinkedIn account. An FBI spokeswoman declined to comment on Mr. Tricoli’s status, saying the Bureau doesn’t discuss personnel matters.

The reason for Mr. Tricoli’s departure wasn’t clear. But it adds to questions among some tech companies and lawmakers about how much the administration, and the task force in particular, are doing to protect future elections from Russian meddling.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100119&title=%E2%80%9CFBI%20Official%20Overseeing%20Election-Meddling%20Task%20Force%20Has%20Left%E2%80%9D>
Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>

“Why the Measure to Split California Into Three Could be Blocked by a Court Before It Appears on the Ballot”<http://electionlawblog.org/?p=100117>
Posted on July 16, 2018 8:45 am<http://electionlawblog.org/?p=100117> by Rick Hasen<http://electionlawblog.org/?author=3>

Vik Amar<https://verdict.justia.com/2018/07/16/why-the-measure-to-split-california-into-three-could-be-blocked-by-a-court-before-it-appears-on-the-ballot> for Justia:

Among the legal stumbling blocks currently being talked about<http://www.businessinsider.com/how-california-could-become-three-states-cal3-ballot-measure-2018-6> is the California Constitution’s vexing distinction that I analyzed in detail (in the two postings linked above) between so-called “amendments” to and “revisions” of the document. I continue to believe that Cal3 represents a revision that requires the legislature in Sacramento to approve before the voters can weigh in.

But the more I reflect on the legal challenges that might be made to Cal3, the more I believe that a federal constitutional problem may create similarly large obstacles for the ballot proposal.

I speak here of the requirement in Article IV, Section 3, of the US Constitution that before new states can be created out of existing states, there must be “Consent of the Legislatures of the States concerned.” The question is whether the people of a state can, within the meaning of the federal Constitution, act directly to constitute a “legislature” for these purposes, or whether the elected folks in Sacramento have to consent instead. (Interestingly, the state law revision/amendment issue and the federal Article IV issue both focus on the permissibility of direct action by the people in lieu of action by elected state representatives, even though they come at the question from different legal routes.) My own view, based on scholarship I have done on the text, history, and structure of the Constitution is that the people of a state should be able to consent by initiative because the word “legislature” in the Constitution should almost always be read to permit direct action by the people, but my views in this regard have been rejected by recent US Supreme Court case law. And since lower courts (both state and federal) are bound by the US Supreme Court’s reading of the US Constitution, legal challenges to Cal3 based on Article IV of the federal Constitution have legs.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100117&title=%E2%80%9CWhy%20the%20Measure%20to%20Split%20California%20Into%20Three%20Could%20be%20Blocked%20by%20a%20Court%20Before%20It%20Appears%20on%20the%20Ballot%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Back to You Rick<http://electionlawblog.org/?p=100115>
Posted on July 16, 2018 8:43 am<http://electionlawblog.org/?p=100115> by Dan Tokaji<http://electionlawblog.org/?author=5>

I very much appreciate Rick allowing me to guest-blog this past week during his well-deserved vacation.  Subbing for him is an honor, and I’m invevitably reminded of all the work that he devotes to keeping all of us aware and informed.  Thanks Rick!
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100115&title=Back%20to%20You%20Rick>
Posted in chicanery<http://electionlawblog.org/?cat=12>

“Feinstein Has Advantages in California Race. De León Now Has Party Leaders.”<http://electionlawblog.org/?p=100113>
Posted on July 16, 2018 8:37 am<http://electionlawblog.org/?p=100113> by Dan Tokaji<http://electionlawblog.org/?author=5>

NYT<https://www.nytimes.com/2018/07/15/us/politics/feinstein-california-democrats.html?rref=collection%2Fsectioncollection%2Fpolitics&action=click&contentCollection=politics&region=rank&module=package&version=highlights&contentPlacement=2&pgtype=sectionfront>:

[I]n the California Senate [top-two] primary last month, Ms. Feinstein crushed Mr. de León in her bid for a sixth term, drawing 2.9 million votes compared to 804,000 votes for him.

But on Saturday night, the executive committee of the Democratic Party struck again at Ms. Feinstein, embarrassing her by voting to endorse Mr. de León in spite of the primary result. He received 217 votes from the committee of party leaders and elected delegates, or 65 percent of the 333 votes cast.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100113&title=%E2%80%9CFeinstein%20Has%20Advantages%20in%20California%20Race.%20De%20Le%C3%B3n%20Now%20Has%20Party%20Leaders.%E2%80%9D>
Posted in political parties<http://electionlawblog.org/?cat=25>, primaries<http://electionlawblog.org/?cat=32>

A Great Big Thank You to Dan Tokaji<http://electionlawblog.org/?p=100111>
Posted on July 16, 2018 8:35 am<http://electionlawblog.org/?p=100111> by Rick Hasen<http://electionlawblog.org/?author=3>

For guest blogging while I took a week away. Dan, as always, did a fantastic job. Thanks!
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100111&title=A%20Great%20Big%20Thank%20You%20to%20Dan%20Tokaji>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Inside John Bolton Super PAC’s deal with Cambridge Analytica”<http://electionlawblog.org/?p=100108>
Posted on July 16, 2018 6:26 am<http://electionlawblog.org/?p=100108> by Dan Tokaji<http://electionlawblog.org/?author=5>

CPI<https://www.publicintegrity.org/2018/07/16/21962/inside-john-bolton-super-pac-s-deal-cambridge-analytica>:

John Bolton needed billionaire Robert Mercer’s attention and support — so badly, Bolton spent more than $1 million of his John Bolton Super PAC<https://www.publicintegrity.org/2013/03/12/12296/john-bolton-forms-super-pac>’s money on “comically bad” data from Mercer’s now-defunct voter profiling firm, Cambridge Analytica<https://www.publicintegrity.org/2018/03/20/21623/john-bolton-eyed-trump-post-leads-super-pac-employed-cambridge-analytica>.

So says longtime Bolton adviser Mark Groombridge in an exclusive interview with the Center for Public Integrity<https://www.publicintegrity.org/politics> about the John Bolton Super PAC<https://www.publicintegrity.org/2018/03/20/21623/john-bolton-eyed-trump-post-leads-super-pac-employed-cambridge-analytica>’s internal operations.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100108&title=%E2%80%9CInside%20John%20Bolton%20Super%20PAC%E2%80%99s%20deal%20with%20Cambridge%20Analytica%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>
“The States Are Now the Best Route to Gerrymandering Reform”<http://electionlawblog.org/?p=100106>
Posted on July 16, 2018 6:22 am<http://electionlawblog.org/?p=100106> by Dan Tokaji<http://electionlawblog.org/?author=5>

Sam Wang, Ben Williams, and Rick Ober in the American Prospect<http://prospect.org/article/states-are-now-best-route-gerrymandering-reform>:

With prospects for federal action on gerrymandering fading fast, it’s time to pursue reform through individual states. Such a federalist approach lacks the sweeping breadth of constitutional doctrine. But metaphorically speaking, if a damaged roof can’t be replaced entirely, it can still help to patch individual holes.

Using easy-to-use statistical tests<http://gerrymander.princeton.edu/>, one of us previously<https://www.stanfordlawreview.org/print/article/three-tests-for-practical-evaluation-of-partisan-gerrymandering/> identified<https://web.math.princeton.edu/~sswang/wang16_ElectionLawJournal_gerrymandering-MD-WI_.pdf> eight states where major partisan gerrymandering offenses occurred in the 2010 redistricting cycle: Florida, Maryland, Michigan, North Carolina, Ohio, Pennsylvania, Virginia, and Wisconsin. Somewhat surprisingly, every one of these “Egregious Eight” has a realistic path to avoiding or undoing a future partisan gerrymander after the 2020 census—without any help from the Supreme Court.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100106&title=%E2%80%9CThe%20States%20Are%20Now%20the%20Best%20Route%20to%20Gerrymandering%20Reform%E2%80%9D>
Posted in redistricting<http://electionlawblog.org/?cat=6>

“Donald Trump continues to build 2020 re-election war chest”<http://electionlawblog.org/?p=100102>
Posted on July 16, 2018 5:16 am<http://electionlawblog.org/?p=100102> by Dan Tokaji<http://electionlawblog.org/?author=5>

CPI<https://www.publicintegrity.org/2018/07/15/21970/donald-trump-continues-build-2020-re-election-war-chest>: “Trump’s campaign ended June with more than $33 million cash on hand — almost three times the size of its reserve from June 2017, according to a new filing<http://docquery.fec.gov/cgi-bin/forms/C00580100/1248228/> with the Federal Election Commission.”

Update:  More on the FEC filings from NYT<https://www.nytimes.com/2018/07/15/us/politics/trump-fundraising-campaign.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news>, which reports that “Mr. Trump’s campaign committee, combined with two joint committees formed with the Republican Party, ended last month with nearly $53.6 million in the bank.”
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100102&title=%E2%80%9CDonald%20Trump%20continues%20to%20build%202020%20re-election%20war%20chest%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

--
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/20180716/9268f314/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/20180716/9268f314/attachment.png>