[EL] ELB News and Commentary 6/618

Wed Jun 6 07:43:38 PDT 2018

“California’s major political parties feared the top-two primary but emerged as powerful as before”<http://electionlawblog.org/?p=99357>
Posted on June 6, 2018 7:29 am<http://electionlawblog.org/?p=99357> by Rick Hasen<http://electionlawblog.org/?author=3>

John Myers<http://www.latimes.com/politics/la-pol-ca-california-primary-rules-election-analysis-20180606-story.html> for LAT:

Gamesmanship was everywhere. Could a feared opponent be shut out of a spot on the fall ballot? Might a political party’s leaders convince some hopefuls in crowded races to step aside and thus avoid splitting the vote?

In the end — either because of those efforts or in spite of them — the playing field looked very much like a traditional primary. Unofficial returns Tuesday showed that only two statewide races, at most, will end up as a same-party showdown in November. Otherwise, and in the overwhelming majority of California’s races, the two-party system seems to have survived.

The candidates who succeeded were largely staunch defenders of either liberal or conservative principles — moderation was not the big winner in California on election night.

And yet backers of the top-two primary, who in 2010 took a wrecking ball to the idea that spots on the November ballot should be reserved by political party<http://www.latimes.com/politics/la-pol-ca-top-two-primary-changes-analysis-20180319-story.html>, seemed to envision consensus-building candidates who could bridge the partisan divide.

“This primary would certainly cast some doubt on that idea,” said Eric McGhee, a researcher at the nonpartisan Public Policy Institute of California.
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Posted in political parties<http://electionlawblog.org/?cat=25>, primaries<http://electionlawblog.org/?cat=32>

ACLU Suing Over Citizenship Question on Upcoming Census<http://electionlawblog.org/?p=99355>
Posted on June 6, 2018 7:26 am<http://electionlawblog.org/?p=99355> by Rick Hasen<http://electionlawblog.org/?author=3>

Read this thread<https://twitter.com/dale_e_ho/status/1004366817471672320> from Dale Ho: [Update: link to complaint<https://www.aclu.org/legal-document/nyic-v-dept-commerce-complaint>]
[https://pbs.twimg.com/profile_images/378800000652158920/f26fcf1832c67a8a8b30ccd0adbe3643_normal.jpeg]<https://twitter.com/dale_e_ho>
<https://twitter.com/dale_e_ho>
Dale Ho at dale_e_ho<https://twitter.com/dale_e_ho>

<https://twitter.com/dale_e_ho/status/1004366817471672320>

NEW: We filed a lawsuit to stop the Trump Administration from adding a citizenship question to the Decennial Census b/c it's intended to intimidate immigrants – citizen and noncitizen alike - & to deprive their communities of resources and political representation. https://twitter.com/ACLU/status/1004364742390091777 …<https://t.co/PcW45jKQdR>
7:18 AM - Jun 6, 2018<https://twitter.com/dale_e_ho/status/1004366817471672320>
·         <https://twitter.com/intent/like?tweet_id=1004366817471672320>
105<https://twitter.com/intent/like?tweet_id=1004366817471672320>
·         <https://twitter.com/dale_e_ho/status/1004366817471672320>
58 people are talking about this<https://twitter.com/dale_e_ho/status/1004366817471672320>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Kobach attorney says ACLU fees for contempt are redundant, excessive”<http://electionlawblog.org/?p=99353>
Posted on June 6, 2018 7:24 am<http://electionlawblog.org/?p=99353> by Rick Hasen<http://electionlawblog.org/?author=3>

CJ Online:<http://www.cjonline.com/news/20180605/kobach-attorney-says-aclu-fees-for-contempt-are-redundant-excessive>

An attorney for Kansas Secretary of State Kris Kobach says the attorney fees requested by the American Civil Liberties Union for a contempt finding<http://www.cjonline.com/news/20180418/talk-is-cheap-kris-kobach-found-in-contempt-of-court> against Kobach are unreasonably high.

In the latest filing in a case over the state’s voter registration law<http://www.cjonline.com/news/20180325/aclu-no-lawyer-trick-needed-to-spurn-kobach-claims-of-voter-fraud>, which requires applicants to provide proof of citizenship, Sue Becker argues $50,000 is too costly for a single motion. A federal judge issued the contempt ruling in April, a month after a hearing over the failure of Kobach and his office to comply with her orders in the case.

The judge ordered Kobach’s office to pay the ACLU’s legal fees on the issue, and the ACLU asked for $51,646.16<http://www.cjonline.com/news/20180507/aclu-seeks-51k-for-fight-with-kobach-that-led-to-contempt-finding> for 133.5 hours an array of attorneys spent working on the contempt motion. At the high end, the rate for top attorneys was $450 per hour.

“The fees are redundant, excessive, not representative of the local market rates and not detailed enough to substantiate them,” Becker said.
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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>

“Washington state sues Facebook, Google over political ads”<http://electionlawblog.org/?p=99351>
Posted on June 6, 2018 7:21 am<http://electionlawblog.org/?p=99351> by Rick Hasen<http://electionlawblog.org/?author=3>

CBS:<https://www.cbsnews.com/news/washington-state-sues-facebook-google-over-political-ads/>

Washington Attorney General Bob Ferguson on Monday sued Facebook (FB<http://markets.cbsnews.com/FB/quote/>) and Google (GOOG<http://markets.cbsnews.com/GOOG/quote/>), saying the companies failed to maintain information about political advertising as required by state law.

Washington law requires the companies to maintain information about buyers of political ads, the cost, how they pay for it and the candidate or ballot measure at issue, according to the lawsuits, filed in King County Superior Court on Monday. The companies also must make that information available to the public upon request.

Ferguson said neither Facebook nor Google did so, even though Washington candidates and political committees have spent nearly $5 million to advertise on those platforms in the past decade.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Can State Courts Cure Partisan Gerrymandering: Lessons from League of Women Voters v. Commonwealth of Pennsylvania (2018)”<http://electionlawblog.org/?p=99349>
Posted on June 6, 2018 7:12 am<http://electionlawblog.org/?p=99349> by Rick Hasen<http://electionlawblog.org/?author=3>

Jonathan Cervas and Bernie Grofman have posted this draft<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3181092> on SSRN. Here is the abstract:

In League of Women Voters v. Commonwealth of Pennsylvania (2018) the Pennsylvania Supreme Court struck down a congressional plan that embodied one of the most egregious partisan gerrymanders of the 2010 redistricting round. It did so entirely on state law grounds after a three-judge federal court had rejected issuing a preliminary injunction against the plan. Here we examine the ruling and the expert evidence it relied on. We also contrast the criteria used to evaluate partisan gerrymandering by this court with those used by the federal three judge panels that found unconstitutional levels of partisan gerrymandering in plans in Wisconsin and North Carolina, and we compare it to the so far unsuccessful challenge in Maryland. In our concluding discussion we review the key lessons to be learned from this case, and the implications of the case for other jurisdictions, especially those in the twelve states whose state constitutions have provisions similar or identical to the one relied upon by the Pennsylvania Supreme Court.
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Posted in redistricting<http://electionlawblog.org/?cat=6>

“Bid to recall Judge Aaron Persky appears successful in Santa Clara County”<http://electionlawblog.org/?p=99346>
Posted on June 5, 2018 9:48 pm<http://electionlawblog.org/?p=99346> by Rick Hasen<http://electionlawblog.org/?author=3>

SF Chronicle reports.<https://www.sfchronicle.com/bayarea/article/Judge-Persky-losing-in-bid-to-avoid-recall-12970799.php>

First CA judge to be recalled since 1932.
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Posted in judicial elections<http://electionlawblog.org/?cat=19>, recall elections<http://electionlawblog.org/?cat=11>

Big snafu in LA: “118,522 voters accidentally left off Los Angeles County polling place rosters”<http://electionlawblog.org/?p=99341>
Posted on June 5, 2018 7:28 pm<http://electionlawblog.org/?p=99341> by Rick Hasen<http://electionlawblog.org/?author=3>

LAT:<http://www.latimes.com/politics/la-pol-ca-california-primary-june-live-118-522-voters-accidentally-left-off-los-1528244633-htmlstory.html>

If you are a registered voter in Los Angeles County and poll workers say they can’t find your name on the roster at the polling place when you go to vote, don’t worry — you can still cast a provisional ballot.

Some Angelenos needed a bit of reassurance that their votes would be counted in Tuesday’s primary election after 118,522 voters’ names were accidentally left off rosters due to a printing error, according to L.A. County Registrar Dean C. Logan.

About 2.3% of L.A. County’s 5.1 million registered voters and 35% of the county’s 4,357 precincts were affected by the error, according to figures provided by the registrar-recorder/county clerk’s office, which was still trying to determine the reason for the printing error. Voters whose names are missing are being encouraged to file provisional ballots, which are verified by vote counters later.

UPDATE:

Dean Logan press release<https://www.lavote.net/docs/rrcc/news-releases/06052018_E-Day-Release.pdf>:

Our office is working to determine the root cause of the problem, which arose when some data was not included in the printed lists. Meanwhile, poll workers at all locations have been instructed to make sure that every voter whose name does not appear on the roster is issued a provisional ballot, and to inform the voters that their ballot will be counted.

Is there any evidence people have been turned away from the polls? Anyone not in the poll book must be offered a provisional ballot to vote.

As bad as snafu is in LA County with 118,000 voters missing from rolls, had this happened in OC we’d be talking about national implications for House. We’ll need a full accounting from @LACountyRRCC<https://twitter.com/LACountyRRCC> of (1) how error happened and (2) how many folks not offered provisionals.

Second UPDATE: Villaraigosa calls for extending election day through Friday after more than 118,000 L.A. County voters’ names left off rolls.<http://www.latimes.com/politics/la-pol-ca-california-primary-june-live-villaraigosa-calls-for-extending-1528257363-htmlstory.html#nt=card>

(Not going to happen)

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

Montana Governor to Sign Executive Order Requiring More Campaign Donor Transparency<http://electionlawblog.org/?p=99338>
Posted on June 5, 2018 6:27 pm<http://electionlawblog.org/?p=99338> by Rick Hasen<http://electionlawblog.org/?author=3>

Via email comes this news:

Montana Governor Steve Bullock “sign an executive order that requires disclosure of dark money spending by corporations with large government contracts. President Obama proposed a similar order at the federal level a few years ago, but left office before signing it. While most campaign finance laws focus on where money emerges—a TV ad triggering reporting requirements, for example—this order requires disclosure of money at its source.”

According to a press release:

Governor Bullock announced his decision to issue the executive order during a keynote address today at the Center for American Progress 2018 Ideas Conference. He will sign the executive order into law in Helena, Montana on Friday, June 8.

Under the executive order, government contractors who have spent over $2,500 in the past two years in elections will be required to disclose their donations. The order covers contributions to so-called “dark money” groups that are otherwise not required to disclose their donors. The executive order applies to new contracts for goods over $50,000 and new services contracts over $25,000.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Judge won’t order Md. to put Ervin on ballot”<http://electionlawblog.org/?p=99336>
Posted on June 5, 2018 6:22 pm<http://electionlawblog.org/?p=99336> by Rick Hasen<http://electionlawblog.org/?author=3>

Baltimore Sun:<http://digitaledition.baltimoresun.com/infinity/article_share.aspx?guid=5e569243-1235-455b-848d-d53fa8663e8e>

Siding with state elections officials Monday, a circuit judge allowed them to proceed with Maryland’s forthcoming primary with ballots that do not include the name of Valerie Ervin, the last-minute Democratic candidate for governor.

Ervin’s name will appear instead on ballots as the running mate of the late Kevin Kamenetz, the former Baltimore County executive who had been one of the leading contenders in the June 26 Democratic primary before dying of a heart attack in early May.

Anne Arundel County Circuit Judge William C. Mulford said making a change to millions of ballots with just over a week until early voting begins threatened to cause more confusion than allowing for the rare appearance on the ballot of a deceased candidate and his running mate….

State law allows elections administrators to put stickers on ballots to reflect late changes. But officials ruled out the option. Lamone said the election machine manufacturer had recommended strongly against using stickers and said that trying them was too risky.

“You’re asking approximately two million stickers to be applied accurately,” Lamone said.
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Posted in election administration<http://electionlawblog.org/?cat=18>

Recall Election Day<http://electionlawblog.org/?p=99334>
Posted on June 5, 2018 6:21 pm<http://electionlawblog.org/?p=99334> by Rick Hasen<http://electionlawblog.org/?author=3>

Two from Josh Spivack:
·         State Senator Josh Newman (D) is facing a legislative recall,<http://recallelections.blogspot.com/2018/06/what-to-expect-when-youre-expecting.html> the first in the state in almost a decade and the first anywhere in the country since 2013.
·         Santa Clara Judge Aaron Persky is facing a recall vote<http://recallelections.blogspot.com/2018/06/what-to-expect-when-youre-expecting_4.html>. Persky is the first full-time judge anywhere in the country since 1982. If he is removed, he will be the first to be kicked out by recall since 1977. In California, no judge has faced a recall since the days of Herbert Hoover in 1932.
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Posted in recall elections<http://electionlawblog.org/?cat=11>

“California’s primary system flummoxes Democrats, GOP”<http://electionlawblog.org/?p=99332>
Posted on June 5, 2018 6:18 pm<http://electionlawblog.org/?p=99332> by Rick Hasen<http://electionlawblog.org/?author=3>

Reid Wilson reports<http://thehill.com/homenews/state-watch/390669-californias-primary-system-flummoxes-democrats-gop> for The Hill.
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Posted in political parties<http://electionlawblog.org/?cat=25>, primaries<http://electionlawblog.org/?cat=32>

--
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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