[EL] ELB News and Commentary 7/26/18

Wed Jul 25 20:49:32 PDT 2018

“In Ruling Against Trump, Judge Defines Anticorruption Clauses in Constitution for First Time”<http://electionlawblog.org/?p=100292>
Posted on July 25, 2018 8:46 pm<http://electionlawblog.org/?p=100292> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2018/07/25/us/politics/trump-emoluments-lawsuit.html?rref=collection%2Fsectioncollection%2Fpolitics&action=click&contentCollection=politics&region=rank&module=package&version=highlights&contentPlacement=2&pgtype=sectionfront>

A lawsuit accusing President Trump of violating the Constitution by maintaining a financial interest in his company’s Washington hotel cleared a critical hurdle on Wednesday when a federal judge allowed the case to move forward.

In the first judicial opinion<https://int.nyt.com/data/documenthelper/106-trump-emoluments-court-ruling/ce36be6a3fdd873142fa/optimized/full.pdf#page=1> to define how the meaning of the Constitution’s anticorruption clauses should apply to a president, Judge Peter J. Messitte of the United States District Court in Greenbelt, Md., said the framers’ language should be broadly construed as an effort to protect against influence-peddling by state and foreign governments.

He ruled that the lawsuit should proceed to the evidence-gathering stage, which could clear the way for an examination of financial records that the president has consistently refused to disclose. The Justice Department is expected to forestall that by seeking an emergency stay and appealing the ruling.

The two constitutional clauses at issue restrict a president’s ability to accept financial benefits or “emoluments” from domestic or foreign governments, other than his official salary. No federal judge before has ever interpreted what those bans mean for the president.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100292&title=%E2%80%9CIn%20Ruling%20Against%20Trump%2C%20Judge%20Defines%20Anticorruption%20Clauses%20in%20Constitution%20for%20First%20Time%E2%80%9D>
Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>

“Marion County Election Board approves 6 early voting locations after federal court order”<http://electionlawblog.org/?p=100290>
Posted on July 25, 2018 8:27 pm<http://electionlawblog.org/?p=100290> by Rick Hasen<http://electionlawblog.org/?author=3>

IndyStar:<https://www.indystar.com/story/news/politics/2018/07/25/marion-county-early-voting-election-board-adds-6-satellite-locations/837862002/>

The Marion County Election Board announced Wednesday<https://pbs.twimg.com/media/Di-oJOhXgAIh-W1.jpg> the addition of six early voting sites ahead of the general election.

The announcement comes just months after U.S. District Judge Sarah Evans Barker called for at least two satellite voting locations<https://www.indystar.com/story/news/2018/04/26/judge-orders-two-new-early-voting-sites-marion-county/553036002/> to be added to Marion County before the November election.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100290&title=%E2%80%9CMarion%20County%20Election%20Board%20approves%206%20early%20voting%20locations%20after%20federal%20court%20order%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Could Russia hack California’s elections? It would be hard, but not impossible”<http://electionlawblog.org/?p=100288>
Posted on July 25, 2018 8:14 pm<http://electionlawblog.org/?p=100288> by Rick Hasen<http://electionlawblog.org/?author=3>

The SF Chronicle reports.<https://www.sfchronicle.com/news/article/Could-Russia-hack-California-s-elections-It-13100934.php?utm_campaign=email-premium&utm_source=CMS%20Sharing%20Button&utm_medium=social>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100288&title=%E2%80%9CCould%20Russia%20hack%20California%E2%80%99s%20elections%3F%20It%20would%20be%20hard%2C%20but%20not%20impossible%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“A day after judge blasts state, counties act fast to hold early voting on campus”<http://electionlawblog.org/?p=100286>
Posted on July 25, 2018 2:23 pm<http://electionlawblog.org/?p=100286> by Rick Hasen<http://electionlawblog.org/?author=3>

The Tampa Bay Times reports.<https://www.tampabay.com/florida-politics/buzz/2018/07/25/a-day-after-judge-rules-counties-seek-to-hold-early-voting-on-campus/>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100286&title=%E2%80%9CA%20day%20after%20judge%20blasts%20state%2C%20counties%20act%20fast%20to%20hold%20early%20voting%20on%20campus%E2%80%9D>
Posted in voting<http://electionlawblog.org/?cat=31>

“Trump to hold National Security Council meeting on election security Friday”<http://electionlawblog.org/?p=100284>
Posted on July 25, 2018 1:15 pm<http://electionlawblog.org/?p=100284> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/politics/trump-to-hold-national-security-council-meeting-on-election-security-friday/2018/07/25/d29003be-902e-11e8-8322-b5482bf5e0f5_story.html?utm_term=.1f09c8da3428&wpmk=MK0000200>:

President Trump will convene a meeting Friday of the National Security Council on election security, a session that could include a discussion of possible Russian interference in November’s midterm elections, according to a White House official.

[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100284&title=%E2%80%9CTrump%20to%20hold%20National%20Security%20Council%20meeting%20on%20election%20security%20Friday%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>

“The Risks Companies Face When Their Political Spending and Core Values Conflict”<http://electionlawblog.org/?p=100282>
Posted on July 25, 2018 1:14 pm<http://electionlawblog.org/?p=100282> by Rick Hasen<http://electionlawblog.org/?author=3>

Freed and Sandstrom<https://instituteforpr.org/cpa-report-highlights-reputational-risks-to-companies-from-conflicted-political-spending-and-how-to-address-them/> for the Institute for Public Relations.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100282&title=%E2%80%9CThe%20Risks%20Companies%20Face%20When%20Their%20Political%20Spending%20and%20Core%20Values%20Conflict%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Trump, Election Hacking, and the Georgia Governor’s Race”<http://electionlawblog.org/?p=100280>
Posted on July 25, 2018 11:28 am<http://electionlawblog.org/?p=100280> by Rick Hasen<http://electionlawblog.org/?author=3>

This item<https://www.newyorker.com/news/news-desk/trump-election-hacking-and-the-georgia-governors-race> appears at the New Yorker.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100280&title=%E2%80%9CTrump%2C%20Election%20Hacking%2C%20and%20the%20Georgia%20Governor%E2%80%99s%20Race%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>

New Controversy in Wisconsin Over Legislator’s Tweet Calling Voter ID Opponents the “True Racists”<http://electionlawblog.org/?p=100277>
Posted on July 25, 2018 10:36 am<http://electionlawblog.org/?p=100277> by Rick Hasen<http://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel:<https://www.jsonline.com/story/news/politics/2018/07/25/state-rep-says-his-aide-admitted-sending-tweet-true-racists-under-his-name-mulling-whether-disciplin/833078002/>

State Rep. Tom Weatherston said Wednesday his aide had acknowledged posting what Weatherston has dubbed a “racist tweet” under the lawmaker’s name and he is reviewing whether to discipline him.

The Caledonia Republican said his aide, Keith Best, had acknowledged posting a tweet that called voter ID opponents “the true racists<https://www.jsonline.com/story/news/politics/2018/07/24/gop-tweet-black-lawmaker-calls-voter-id-opponents-true-racists/830234002/>.” The tweet was posted in response to a message from an African-American state senator.

“Keith did admit to sending it by mistake,” Weatherston said.

Weatherston said he had “no idea” how such a message could accidentally be posted and said he was seeking an answer to that question.

[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100277&title=New%20Controversy%20in%20Wisconsin%20Over%20Legislator%E2%80%99s%20Tweet%20Calling%20Voter%20ID%20Opponents%20the%20%E2%80%9CTrue%20Racists%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Iowa State Court Temporarily Enjoins Voting Restrictions and Rules as Violation of the State Constitution<http://electionlawblog.org/?p=100273>
Posted on July 25, 2018 10:26 am<http://electionlawblog.org/?p=100273> by Rick Hasen<http://electionlawblog.org/?author=3>

Read the order granting a preliminary injunction<http://electionlawblog.org/wp-content/uploads/lulac-iowa-pi.pdf> and a related order<http://electionlawblog.org/wp-content/uploads/lulac-pi-stay.pdf>. The orders relate to signature matching requirements for absentee ballots, the time to cast such ballots, and voter id requirements.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100273&title=Iowa%20State%20Court%20Temporarily%20Enjoins%20Voting%20Restrictions%20and%20Rules%20as%20Violation%20of%20the%20State%20Constitution>
Posted in absentee ballots<http://electionlawblog.org/?cat=53>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>

“Emails suggest Republicans gerrymandered Michigan to weaken ‘Dem garbage’”<http://electionlawblog.org/?p=100271>
Posted on July 25, 2018 10:20 am<http://electionlawblog.org/?p=100271> by Rick Hasen<http://electionlawblog.org/?author=3>

The Bridge:<https://www.bridgemi.com/public-sector/emails-suggest-republicans-gerrymandered-michigan-weaken-dem-garbage>

Emails have emerged in a federal lawsuit that suggest Republicans gerrymandered congressional districts in Michigan in 2011 to maintain an advantage over Democrats, despite years of claims the lines are drawn without political bias.

The lawsuit references private emails that allegedly show one Republican aide saying a  Macomb County district is shaped like “it’s giving the finger to (Democratic U.S. Rep.) sandy levin. I love it.” Another email from a GOP staffer was said to brag about cramming “Dem garbage” into four southeast Michigan congressional districts.

In a third email, a longtime Michigan Chamber of Commerce executive predicts the maps will keep Republicans in power for years — and implies the 4th Congressional District in the central Lower Peninsula was drawn to the wishes of Dave Camp, a longtime Republican congressman from Midland who has since retired.

(via Stephen Wolf)<https://www.dailykos.com/stories/2018/7/25/1783416/-Emails-show-Michigan-GOP-bragged-about-cramming-Dem-garbage-into-gerrymandered-districts>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100271&title=%E2%80%9CEmails%20suggest%20Republicans%20gerrymandered%20Michigan%20to%20weaken%20%E2%80%98Dem%20garbage%E2%80%99%E2%80%9D>
Posted in redistricting<http://electionlawblog.org/?cat=6>

Is the Trump Tape Evidence of a Campaign Finance Violation?<http://electionlawblog.org/?p=100269>
Posted on July 25, 2018 9:36 am<http://electionlawblog.org/?p=100269> by Rick Hasen<http://electionlawblog.org/?author=3>

A brief exploration in seven tweets.<https://twitter.com/rickhasen/status/1022156506492358656>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D100269&title=Is%20the%20Trump%20Tape%20Evidence%20of%20a%20Campaign%20Finance%20Violation%3F>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

--
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/20180726/8d1b4a04/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/20180726/8d1b4a04/attachment.png>