[EL] ELB News and Commentary 8/1/18

[Rick Hasen]

“Kris Kobach couldn’t prove widespread voter fraud. Can he prove to voters that he can ‘Make Kansas Great Again’?”<https://electionlawblog.org/?p=100382>
Posted on July 31, 2018 7:19 pm<https://electionlawblog.org/?p=100382> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo reports.<https://www.washingtonpost.com/politics/kris-kobach-couldnt-find-widespread-voter-fraud-can-he-find-the-votes-to-make-kansas-great-again/2018/07/30/5ebae0b2-91f5-11e8-8322-b5482bf5e0f5_story.html?utm_term=.69e44cf5612e>
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Posted in campaigns<https://electionlawblog.org/?cat=59>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>


Politifact Rates as “Mostly False” President Trump’s Statement That “Collusion is not a crime”<https://electionlawblog.org/?p=100380>
Posted on July 31, 2018 7:15 pm<https://electionlawblog.org/?p=100380> by Rick Hasen<https://electionlawblog.org/?author=3>

Here.<https://www.politifact.com/truth-o-meter/statements/2018/jul/31/donald-trump/donald-trump-says-collusion-no-crime-right/>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


North Carolina Sued Over Retroactively Stripping Constitution Party Members of Access to the Ballot<https://electionlawblog.org/?p=100378>
Posted on July 31, 2018 7:12 pm<https://electionlawblog.org/?p=100378> by Rick Hasen<https://electionlawblog.org/?author=3>

Progressive Pulse:<https://pulse.ncpolicywatch.org/2018/07/31/constitution-party-files-federal-lawsuit-after-members-stripped-of-election-ballot-access/>

The Constitution Party of North Carolina is following through on its threat to sue the state over ballot access restrictions.

The Party and three of its members — James Poindexter of Surry County, Jerry Jones of Greene County and Gregory Holt of Craven County — filed suit a little over a week ago in U.S. District Court for the eastern district of North Carolina against the Kim Westbrook Strach, Executive Director of the State Board of Elections and Ethics Enforcement.

The State Board officially recognized the Constitution Party in June, and until then, its candidates did not have ballot access. Prior to official recognition, North Carolinians also could not register for affiliation with the Party.

Because of that, Poindexter and Jones ran for election in the primary as Republican candidates and the Holt ran in the Democratic primary. They all lost.

After the Constitution Party was recognized and held its nominating convention, they submitted Poindexter, Jones and Holt as candidates to the State Board. They were accepted and certified.

But then the General Assembly passed a “sore loser” law preventing anyone who lost in a primary election from being on the ballot in November (Senate Bill 486). The Governor vetoed the legislation but lawmakers overrode his veto and the measure became law June 20.
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Posted in ballot access<https://electionlawblog.org/?cat=46>, chicanery<https://electionlawblog.org/?cat=12>


“Facebook Identifies an Active Political Influence Campaign Using Fake Accounts”<https://electionlawblog.org/?p=100376>
Posted on July 31, 2018 7:03 pm<https://electionlawblog.org/?p=100376> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2018/07/31/us/politics/facebook-political-campaign-midterms.html>

Facebook said on Tuesday that it had identified a political influence campaign that was potentially built to disrupt the midterm elections, with the company detecting and removing 32 pages and fake accounts<https://newsroom.fb.com/news/2018/07/removing-bad-actors-on-facebook/> that had engaged in activity around divisive social issues.

The company did not definitively link the campaign to Russia. But Facebook officials said some of the tools and techniques used by the accounts were similar to those used by the Internet Research Agency, the Kremlin-linked group that was at the center of an indictment this year alleging interference in the 2016 presidential election.

Facebook said it had discovered coordinated activity around issues like a sequel to last year’s deadly “Unite the Right” white supremacist rally in Charlottesville, Va. Activity was also detected around #AbolishICE, a left-wing campaign on social media that seeks to end the Immigration and Customs Enforcement agency.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>


“North Carolina Republicans Flip Out About Voters Knowing What They’re Voting On”<https://electionlawblog.org/?p=100374>
Posted on July 31, 2018 6:57 pm<https://electionlawblog.org/?p=100374> by Rick Hasen<https://electionlawblog.org/?author=3>

HuffPo:<https://www.huffingtonpost.com/entry/north-carolina-ballot-captions_us_5b60702be4b0b15aba9cf275>

North Carolina lawmakers rushed back to the state capital with less than 24 hours notice last week because Republicans called for a special session to block voters from receiving more information about a wide range of proposed changes to the state constitution during this fall’s election.

The proposed changes to the constitution deal with a range of important subjects<http://www.wunc.org/post/you-get-vote-6-amendments-nc-constitution-here-they-are#stream/0> that can affect voter access to the polls and impact the trajectory of state courts. This includes adding a voter photo ID requirement <https://www.huffingtonpost.com/entry/north-carolina-voter-id_us_5b36515be4b007aa2f7f7560> and restricting the ability of the state’s Democratic governor to fill vacancies on state courts and appoint people to the state election board.

Current state law requires a bipartisan commission to write a short caption to appear on the ballot summarizing those amendments, but Republicans passed a bill during the July 23 emergency session that blocked those captions from appearing on the ballot. Gov Roy Cooper (D) vetoed the bill on Friday, but Republicans have a supermajority in the legislature and are expected to override it in a vote on Saturday.

The 3-person commission responsible for writing the captions, which are just a few words long, consists of the secretary of state, attorney general and the legislative services officer of the general assembly. Currently, Democrats outnumber Republicans on the panel 2-1. Republican legislators, who gave the commission power to write constitutional amendment captions in 2016, said the new law was needed<https://www.newsobserver.com/news/politics-government/state-politics/article215300265.html> because Democrats would write <https://twitter.com/LorettaBoniti/status/1020716883115413506> them to sway voters<http://speakermoore.com/special-legislative-session-address-captions-constitutional-amendments/#more-3525> to vote the proposals down.

News and Observer:<https://www.newsobserver.com/news/politics-government/article215801830.html>

The first meeting of a state commission responsible for explaining constitutional amendments to voters turned into a nearly hour-long criticism of some of the proposals.

Voters will see six proposed changes to the state constitution on their ballots this fall. The Republican-led Legislature pushed them onto the ballot, despite Democratic legislators’ objections to some of them.

Attorney General Josh Stein and Secretary of State Elaine Marshall, both Democrats and members of the Constitutional Amendment Publication Commission, bashed some of the proposed amendments, raising points that were muted or absent from legislative debates. The third commission member, Republican Paul Coble, did not attend the meeting, which gave Stein and Marshall the chance to offer their views without rebuttal.

Stein described one of the amendments as “the most radical restructuring of our government in more than 100 years, since the Civil War. It would essentially give the Legislature the power to run the executive branch.”


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


In Defending Strict Voter ID Laws, President Trump Falsely States One Needs an ID to Buy Groceries<https://electionlawblog.org/?p=100372>
Posted on July 31, 2018 6:50 pm<https://electionlawblog.org/?p=100372> by Rick Hasen<https://electionlawblog.org/?author=3>
<https://twitter.com/LiamWBZ/status/1024443327452774400>
[https://pbs.twimg.com/ext_tw_video_thumb/1024443185018298368/pu/img/yrI-TnG_5gLfTpPQ?format=jpg&name=medium]<https://twitter.com/LiamWBZ/status/1024443327452774400>
[https://pbs.twimg.com/profile_images/854806890815131649/khxcvUHP_bigger.jpg]<https://twitter.com/LiamWBZ>
<https://twitter.com/LiamWBZ>
Liam Martin<https://twitter.com/LiamWBZ>
✔@LiamWBZ<https://twitter.com/LiamWBZ>

<https://twitter.com/LiamWBZ/status/1024443327452774400>


President Trump, at his rally in Tampa, is pushing for voter ID laws and said you need to show an ID to buy groceries.

(You don't need ID to buy groceries.)
4:54 PM - Jul 31, 2018<https://twitter.com/LiamWBZ/status/1024443327452774400>

·         <https://twitter.com/intent/like?tweet_id=1024443327452774400>

691<https://twitter.com/intent/like?tweet_id=1024443327452774400>

·         <https://twitter.com/LiamWBZ/status/1024443327452774400>

631 people are talking about this<https://twitter.com/LiamWBZ/status/1024443327452774400>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


Arkansas: “Attorney general approves form of proposal to change legislative redistricting”<https://electionlawblog.org/?p=100370>
Posted on July 31, 2018 6:49 pm<https://electionlawblog.org/?p=100370> by Rick Hasen<https://electionlawblog.org/?author=3>

See here.<https://www.arktimes.com/ArkansasBlog/archives/2018/07/26/attorney-general-approves-form-of-proposal-to-change-legislative-redistricting>


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Posted in redistricting<https://electionlawblog.org/?cat=6>


“Campaign Finance Laws And Supreme Court Nominee Kavanaugh”<https://electionlawblog.org/?p=100368>
Posted on July 31, 2018 6:46 pm<https://electionlawblog.org/?p=100368> by Rick Hasen<https://electionlawblog.org/?author=3>

Peter Overby reports<https://www.npr.org/2018/07/31/634217940/campaign-finance-laws-lack-attention-ahead-of-kavanaugh-s-confirmation-hearings> for NPR.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, Supreme Court<https://electionlawblog.org/?cat=29>


Election Law Academics Update<https://electionlawblog.org/?p=100364>
Posted on July 31, 2018 4:55 pm<https://electionlawblog.org/?p=100364> by Rick Hasen<https://electionlawblog.org/?author=3>

Here’s my yearly roundup of election law academic hires, promotions moves, visits, accolades:

Ellen Aprill <https://www.lls.edu/faculty/facultylista-b/aprillellen/> has been given the Outstanding Academic Award for 2018 for distinguished academic achievement in the nonprofit section by the Nonprofit Organizations Committee<http://apps.americanbar.org/dch/more.cfm?com=CL580000&mod=9> of the American Bar Association’s Business Law Section.

Travis Crum<https://www.law.uchicago.edu/faculty/crum> begins his Bigelow fellowship at the University of Chicago.

Josh Douglas<http://law.uky.edu/directory/joshua-a-douglas> was promoted to full professor and is now the Thomas P. Lewis Professor of Law
Michael Hanmer<https://gvpt.umd.edu/facultyprofile/Hanmer/Michael> was promoted to Professor in the Department of Government and Politics at the University of Maryland.

Michael Kang begins at Northwestern Law after a stint at Emory.

Carl Klarner left his research position at the University of Florida Gainesville to do full time political, academic and election law consulting pertaining to state legislative elections.

Michael Morley<http://www.law.fsu.edu/our-faculty/profiles/morley> begins at FSU after a stint at Barry.

Mike Pitts<https://mckinneylaw.iu.edu/faculty-staff/profile.cfm?Id=293> began serving as vice dean at Indiana U, Indianapolis Law.

Teddy Rave<http://law.uh.edu/faculty/main.asp?PID=4950> received tenure at the University of Houston Law Center and was awarded the George A. Butler Research Professorship.

Lori Ringhand<https://news.uga.edu/school-of-law-associate-dean-receives-fulbright-award/> received a Fulbright Distinguished Chair Award.

Doug Spencer<https://www.law.uconn.edu/faculty/profiles/douglas-m-spencer> will be visiting at the University of Chicago (Harris Public Policy) for the academic year 2018-2019.

Nick Stephanopoulos<https://www.law.uchicago.edu/faculty/stephanopoulos> will be visiting at Harvard Law School in the fall.

Ciara Torres-Spelliscy<https://www.stetson.edu/law/faculty/torres-spelliscy-ciara/> was promoted to Professor of Law at Stetson University College of Law.

Congratulations all!
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Posted in election law biz<https://electionlawblog.org/?cat=51>


Two From Joey Fishkin on One Person, One Vote<https://electionlawblog.org/?p=100362>
Posted on July 31, 2018 4:40 pm<https://electionlawblog.org/?p=100362> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo: The right wing has launched an attack on representation<https://wapo.st/2Apr86V>

Balkinization: Count All the People<https://balkin.blogspot.com/2018/07/count-all-people.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


ELB Posting Has Been Down for Technical Reasons<https://electionlawblog.org/?p=100360>
Posted on July 31, 2018 4:28 pm<https://electionlawblog.org/?p=100360> by Rick Hasen<https://electionlawblog.org/?author=3>

I hope we are now back in business. Thanks for your patience.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“The Historical Case For Charitable Donor Privacy”<https://electionlawblog.org/?p=100355>
Posted on July 30, 2018 1:46 pm<https://electionlawblog.org/?p=100355> by Rick Hasen<https://electionlawblog.org/?author=3>

Sean Parnell has this post<https://histphil.org/2018/07/30/the-historical-case-for-charitable-donor-privacy/> at HistPhil, part of a series on the history of anonymous giving<https://histphil.org/category/history-of-anonymous-giving/>.
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Posted in tax law and election law<https://electionlawblog.org/?cat=22>


--
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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