[EL] ELB News and Commentary 3/27/18

Mon Mar 26 20:03:37 PDT 2018

“Census to add controversial question on citizenship status”<http://electionlawblog.org/?p=98358>
Posted on March 26, 2018 7:47 pm<http://electionlawblog.org/?p=98358> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/story/2018/03/26/census-citizenship-questions-487399?lo=ap_b1>

The 2020 U.S. Census will include a controversial question about citizenship status, the Commerce Department announced Monday night, a move that is set to spark outrage from Congressional Democrats, civil rights groups and liberal state attorneys general.

Critics have warned the administration against including the question because they fear it would result in a massive drop in response rates from immigrants who worry the information could be used to deport them.

According to the statement from the Commerce Department, having such data will “permit more effective enforcement” of the Voting Rights Act.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D98358&title=%E2%80%9CCensus%20to%20add%20controversial%20question%20on%20citizenship%20status%E2%80%9D>
Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>

The Supreme Court Case That Could Transform Politics: The late Antonin Scalia believed the court was powerless to do anything about gerrymandering. Will today’s justices agree?<http://electionlawblog.org/?p=98355>
Posted on March 26, 2018 2:56 pm<http://electionlawblog.org/?p=98355> by Rick Hasen<http://electionlawblog.org/?author=3>

I have written this piece<https://www.politico.com/magazine/story/2018/03/26/supreme-court-gerrymandering-217710> for Politico Magazine. It begins:
On Wednesday, the Supreme Court hears arguments in Benisek v. Lamone, a case about whether Maryland violated the First Amendment rights of Republican voters by redrawing the state’s congressional districts with the goal of making it unwinnable for an incumbent Republican member of Congress. The case may answer not only that question but also a broader one about the courts’ proper role in the political process: Will the late Antonin Scalia’s view that courts should mostly refuse to police incumbency protection and political self-interest prevail?
It concludes:

But Kennedy will not remain on the court forever, and the forceful counterarguments Scalia made in the redistricting and patronage cases could well win out in the long run if President Donald Trump gets to replace Kennedy—or any of the aging liberal members of the court—with another justice like Scalia, as he has promised to do. Scalia’s views were deeply influential among conservatives, who have followed his lead in only being concerned about incumbency protection when it comes to campaign finance.

If Scalia’s views ultimately prevail, the kind of brazen redistricting we’ve seen in states like Maryland, Wisconsin and North Carolina will become the new norm. So victory may come in for gerrymandering challengers in these cases in the short term, but in the long term, Scalia’s views may live on. On this question and many others, Scalia may be more influential in death than in life.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D98355&title=The%20Supreme%20Court%20Case%20That%20Could%20Transform%20Politics%3A%20The%20late%20Antonin%20Scalia%20believed%20the%20court%20was%20powerless%20to%20do%20anything%20about%20gerrymandering.%20Will%20today%E2%80%99s%20justices%20agree%3F>
Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>

Matthew Masterson, Blocked for EAC Reappointment by Speaker Paul Ryan, Will Continue to Work on Cybersecurity Voting Issues at DHS<http://electionlawblog.org/?p=98353>
Posted on March 26, 2018 2:38 pm<http://electionlawblog.org/?p=98353> by Rick Hasen<http://electionlawblog.org/?author=3>
<https://twitter.com/pamelafessler/status/978384861869367296>

[https://pbs.twimg.com/profile_images/518852725388226560/Ik4JoyRW_bigger.jpeg]pam fessler at pamelafessler<https://twitter.com/pamelafessler>

Smart move by DHS to hire @mastersonmv<https://twitter.com/mastersonmv> to work with election officials on cyber security as his term on Election Assistance Commission ends. Sign of how seriously some in administration take this issue. https://twitter.com/nppd_krebs/status/978332678285135873 …<https://t.co/evFkreAqxG>
2:35 PM - Mar 26, 2018<https://twitter.com/pamelafessler/status/978384861869367296>
·         <https://twitter.com/intent/like?tweet_id=978384861869367296>
15<https://twitter.com/intent/like?tweet_id=978384861869367296>
·         <https://twitter.com/pamelafessler>
See pam fessler's other Tweets<https://twitter.com/pamelafessler>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>

See also this final EAC blog post<https://www.eac.gov/a-final-message/> by Masterson. What a loss to the EAC and an unprincipled<http://electionlawblog.org/?p=97692> move by Speaker Ryan.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D98353&title=Matthew%20Masterson%2C%20Blocked%20for%20EAC%20Reappointment%20by%20Speaker%20Paul%20Ryan%2C%20Will%20Continue%20to%20Work%20on%20Cybersecurity%20Voting%20Issues%20at%20DHS>
Posted in election administration<http://electionlawblog.org/?cat=18>, Election Assistance Commission<http://electionlawblog.org/?cat=34>

“DOJ & FEC Complaints Filed Against Cambridge Analytica for Violating Prohibition on Election-Related Activities by Foreign Nationals in Work for Trump, Others”<http://electionlawblog.org/?p=98351>
Posted on March 26, 2018 8:10 am<http://electionlawblog.org/?p=98351> by Rick Hasen<http://electionlawblog.org/?author=3>

Common Cause release.<http://rethinkmedia.pr-optout.com/Tracking.aspx?Data=HHL%3d8.9784-%3eLCE18-4286-GLCE17.6&RE=MC&RI=4738296&Preview=False&DistributionActionID=57133&Action=Follow+Link>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D98351&title=%E2%80%9CDOJ%20%26%20FEC%20Complaints%20Filed%20Against%20Cambridge%20Analytica%20for%20Violating%20Prohibition%20on%20Election-Related%20Activities%20by%20Foreign%20Nationals%20in%20Work%20for%20Trump%2C%20Others%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, conflict of interest laws<http://electionlawblog.org/?cat=20>

--
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/20180327/8caf64d9/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/20180327/8caf64d9/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 2973 bytes
Desc: image002.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180327/8caf64d9/attachment.jpg>