[EL] ELB News and Commentary 3/30/18
Rick Hasen
rhasen at law.uci.edu
Fri Mar 30 08:27:36 PDT 2018
“How Antonin Scalia Was the Trump of the Supreme Court”<http://electionlawblog.org/?p=98452>
Posted on March 30, 2018 8:14 am<http://electionlawblog.org/?p=98452> by Rick Hasen<http://electionlawblog.org/?author=3>
Political Wire<https://politicalwire.com/2018/03/30/how-antonin-scalia-was-the-trump-of-the-supreme-court/> conversations:
Rick Hasen, author of The Justice of Contradictions: Antonin Scalia and the Politics of Disruption<https://amzn.to/2GmNyZa>, joins Chris Riback for a discussion of Scalia’s complex legacy as a conservative legal thinker and disruptor of the nation’s highest court.
https://politicalwire.podbean.com/e/rick-hasen-how-antonin-scalia-was-the-donald-trump-of-the-supreme-court/#.Wr5XJIiHpmg.twitter
Subscribe via iTunes<https://itunes.apple.com/us/podcast/political-wire-conversations/id735358139?mt=2> or Google Play<https://goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iqmbebdsl7aq3cmbhwnhmglhp3q?t%3DPolitical_Wire_Conversations> to get new episodes automatically downloaded to your phone.
Thanks to the Cook Political Report<https://cookpolitical.com/> for sponsoring this podcast.
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Posted in Scalia<http://electionlawblog.org/?cat=123>, Supreme Court<http://electionlawblog.org/?cat=29>
“Voter Fraud in New Hampshire: Rhetoric Versus Reality”<http://electionlawblog.org/?p=98450>
Posted on March 30, 2018 8:06 am<http://electionlawblog.org/?p=98450> by Rick Hasen<http://electionlawblog.org/?author=3>
NHPR:<http://nhpr.org/post/voter-fraud-new-hampshire-rhetoric-versus-reality#stream/0>
Not long after Gardner made those statements, I asked him if I could see the cases he was talking about. With all of the talk about people’s perceptions of voting fraud in New Hampshire, I wanted to know more about what kind of incidents had actually been documented.
In response, Gardner readily shared his references in the form of a stack of file folders that were filled with news clippings, letters to people who’d been accused of fraud and reports filed to the Legislature. But when I read through those files more closely, there were big gaps — and the records didn’t prove the point Gardner seemed to be trying to make.
For instance, the files didn’t actually include any incidents of voter fraud from 2002 or 2006. The only incident listed from 2010 was a man who voted twice in town elections — and while he was penalized, investigators said he might have cast two ballots simply because he was confused about where he was supposed to vote.
Since then, I’ve learned that part of the reason the Secretary of State’s voter fraud docket was incomplete is that no one in state government — not even the attorney general’s office, which is actually in charge of investigating complaints into suspected voter fraud — maintained such a case file until a few months ago.
In response, Secretary of State Gardner promises never-before-seen info on N.H. voter fraud<http://www.concordmonitor.com/Bill-Gardner-to-reveal-NH-voter-fraud-report-16502587>
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
New Blagojevich Cert. Petition Scheduled for Supreme Court Conference on April 13 Raises Circuit Split over When Campaign Contributions Can Violate Federal Anticorruption Laws<http://electionlawblog.org/?p=98448>
Posted on March 30, 2018 8:00 am<http://electionlawblog.org/?p=98448> by Rick Hasen<http://electionlawblog.org/?author=3>
Docke<https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-658.html>t. Here’s the question presented:
When the Government prosecutes a public official for soliciting campaign contributions in alleged violation of the Hobbs Act or other federal anticorruption laws, must the Government prove the defendant made an “explicit promise or undertaking” in exchange for the contribution, McCormick v. United States, 500 U.S. 257, 273 (1991) (emphasis added), as five circuits require, or “only . . . that a public official has obtained a payment . . . knowing that [it] was made in return for official acts,” Evans v. United States, 504 U.S. 255, 268 (1992), as three other circuits hold?
It’s a meaty issue, but I don’t have a good sense whether or not the Court will bite.
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Posted in bribery<http://electionlawblog.org/?cat=54>, Supreme Court<http://electionlawblog.org/?cat=29>
Speaking Monday in Memphis About Voting Rights 50 Years After MLK with Debo Adegbile, Sherrilyn Ifill, Pam Karlan, and Steve Mulroy<http://electionlawblog.org/?p=98446>
Posted on March 30, 2018 7:30 am<http://electionlawblog.org/?p=98446> by Rick Hasen<http://electionlawblog.org/?author=3>
This University of Memphis/MLK 50 event<http://www.memphis.edu/mlk50/lawsymposium/schedule.php> should be outstanding, and especially the voting rights panel. I’m honored to be included.
I’ll be talking about this draft<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3107752> “Of Civil Right No. 1: Dr. King’s Unfinished Voting Rights Revolution,” which is forthcoming in a special symposium issue of the University of Memphis Law Review commemorating the 50th anniversary of the assassination of Dr. Martin Luther King.
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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“Arizona lawmakers favor anonymity in political spending”<http://electionlawblog.org/?p=98444>
Posted on March 30, 2018 7:23 am<http://electionlawblog.org/?p=98444> by Rick Hasen<http://electionlawblog.org/?author=3>
Arizona Republic<https://www.azcentral.com/story/news/local/tempe/2018/03/29/arizona-lawmakers-favor-anonymity-political-spending/471081002/>:
Nine of 10 Tempe voters called for lifting the curtain on secretive money in city elections, but lawmakers this week passed a bill that would stop that. The measure now goes to the governor, who was a beneficiary of ‘dark money’ spending<https://www.azcentral.com/story/news/arizona/politics/2014/08/10/arizona-republican-primary-dark-money/13856607/> in his 2014 run for office.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>
NY: “Appeal to end ‘LLC loophole’ is rejected”<http://electionlawblog.org/?p=98442>
Posted on March 30, 2018 7:15 am<http://electionlawblog.org/?p=98442> by Rick Hasen<http://electionlawblog.org/?author=3>
Albany Times-Union:<https://blog.timesunion.com/capitol/archives/281159/appeal-to-end-llc-loophole-is-rejected/>
In a four-to-one decision<https://www.scribd.com/document/375105129/LLC-1-pdf#from_embed> on Thursday, an appellate court in Albany upheld a lower court ruling dismissing a lawsuit to close the controversial “LLC loophole” that allows huge political giving in New York elections.
In the majority opinion, Presiding Justice Elizabeth Garry of the Third Judicial Department wrote that the petitioners in the case – New York University’s Brennan Center for Justice and six current or former political candidates – lacked standing to bring the lawsuit. In addition, she wrote that closing the “LLC loophole,” which allows each limited liability company owned by a person to give up to $150,000 annually in New York elections, was a matter for the Legislature, not the courts.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>
“Maine law still requires RCV in June primaries”<http://electionlawblog.org/?p=98440>
Posted on March 30, 2018 7:12 am<http://electionlawblog.org/?p=98440> by Rick Hasen<http://electionlawblog.org/?author=3>
FairVote weighs in.<http://www.fairvote.org/maine_law_still_requires_rcv_in_june_primaries>
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Posted in alternative voting systems<http://electionlawblog.org/?cat=63>
“The bitter lie behind the census’s citizenship question”<http://electionlawblog.org/?p=98438>
Posted on March 30, 2018 7:04 am<http://electionlawblog.org/?p=98438> by Rick Hasen<http://electionlawblog.org/?author=3>
Vanita Gupta<https://www.washingtonpost.com/opinions/the-bitter-lie-behind-the-censuss-citizenship-question/2018/03/29/f2991020-32cc-11e8-8bdd-cdb33a5eef83_story.html?utm_term=.37d097b3808c> WaPo oped:
What is the benefit here? The false justification offered by Sessions and his Justice Department, and repeated in Ross’s decision memo<https://www.commerce.gov/sites/commerce.gov/files/2018-03-26_2.pdf>, is that this question is critical for Voting Rights Act enforcement. That argument is a bitter lie, laced with cruel irony. Consider that this is the same Sessions who has called the Voting Rights Act “intrusive<https://www.huffingtonpost.com/entry/jeff-sessions-voting-rights-act_us_587520a2e4b099cdb0ffc2c1>” and has shown no compunction in flouting<http://www.pfaw.org/report/report-card-on-one-year-of-jeff-sessions-as-attorney-general-an-insult-to-justice/> voting rights enshrined in law.
During the final years of the Obama administration, I was the Justice Department official responsible for overseeing voting rights enforcement. I know firsthand that data from the ongoing American Community Survey was sufficient for us to do our work. Rigorous enforcement of the Voting Rights Act has never required the addition of a citizenship question on the census form sent to all households. In fact, the census has not collected citizenship data from every household since the enactment of the Voting Rights Act in 1965. The last time this question was asked of everyone, this country was in a pre-civil rights era when communities of color were systematically undercounted and underrepresented. The Trump-Sessions-Ross argument is a red herring.
But these arguments should sound familiar. The notorious Kris Kobach and other advocates for voter suppression laws have pushed this question before — spurring legitimate suspicion from public officials and other stakeholders who wonder why the Trump administration would seek to undermine an accurate 2020 Census. The Trump campaign and Republican National Committee validated those suspicions last week by baring their partisan, nativist intentions in a fundraising email forecasting this decision, telling recipients “the President wants to know if you’re on his side<https://www.washingtonpost.com/local/social-issues/trump-campaign-calls-for-adding-citizenship-question-to-2020-census-amid-accusations-that-the-president-is-politicizing-the-annual-count/2018/03/20/dd5929fe-2c62-11e8-b0b0-f706877db618_story.html?utm_term=.e77ce2fb2b6d>.”
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“The Motives Behind the Trump Administration’s New Census Question on Citizenship”<http://electionlawblog.org/?p=98436>
Posted on March 30, 2018 7:00 am<http://electionlawblog.org/?p=98436> by Rick Hasen<http://electionlawblog.org/?author=3>
Jonathan Blitzer<https://www.newyorker.com/news/daily-comment/the-motives-behind-the-trump-administrations-new-census-question-on-citizenship> for The New Yorker.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Tarrant County woman sentenced to five years in prison for illegally voting in 2016”<http://electionlawblog.org/?p=98434>
Posted on March 29, 2018 4:23 pm<http://electionlawblog.org/?p=98434> by Rick Hasen<http://electionlawblog.org/?author=3>
Star-Telegram:<http://www.star-telegram.com/news/local/community/fort-worth/article207176829.html>
A judge sentenced a Rendon woman to five years in prison Wednesday for voting illegally in the 2016 presidential election while she was on supervised release from a 2011 fraud conviction….
During her testimony, Mason — who served just shy of three years in federal prison — told the court that she was assigned a provisional ballot after she arrived at her usual polling place and discovered that her name was not on the voter roll.
Gonzalez, who questioned Mason during her testimony, asked why she did not thoroughly read the documents she was given at the time.
The form you are required to sign to get the provisional ballot is called an affidavit, Gonzales told Mason. “There’s a legal connotation to that, right?” Gonzales asked.
Mason responded that she was never told by the federal court, her supervision officer, the election workers or U.S. District Judge John McBryde, the sentencing judge in her fraud case, that she would not be able to vote in elections until she finished serving her sentence, supervised release included. She also said she did not carefully read the form because an election official was helping her.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Chaos erupts around Maine’s ranked-choice voting plan”<http://electionlawblog.org/?p=98432>
Posted on March 29, 2018 4:17 pm<http://electionlawblog.org/?p=98432> by Rick Hasen<http://electionlawblog.org/?author=3>
Press Herald:<https://www.pressherald.com/2018/03/29/chaos-erupts-around-ranked-choice-voting-plan/>
Questions were swirling Thursday about whether Mainers will use the ranked-choice voting system in the June primaries after Secretary of State Matt Dunlap raised concerns about a conflict in the law.
Dunlap said his office was notified late Wednesday about “legal concerns regarding the implementation of ranked-choice voting” and, as a result, Dunlap was reviewing the law. While Dunlap said he was moving forward with implementing ranked-choice voting in time for the June 12th primaries during that review, the surprise announcement of new “legal concerns” sparked a frenzy of activity in Augusta to salvage the vote tabulation system.
The Committee for Ranked Choice Voting announced plans to seek a court injunction to force Dunlap to implement the law by June.
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Posted in alternative voting systems<http://electionlawblog.org/?cat=63>
“Facebook pledges to tighten election security ahead of midterms”<http://electionlawblog.org/?p=98430>
Posted on March 29, 2018 3:10 pm<http://electionlawblog.org/?p=98430> by Rick Hasen<http://electionlawblog.org/?author=3>
USA Today:<https://www.usatoday.com/story/tech/2018/03/29/facebook-pledges-tighten-election-security-ahead-midterms/471022002/>
Though Facebook is pledging to bring “unprecedented” transparency over political messaging, executives refused to say if Facebook <https://www.usatoday.com/story/news/politics/2018/03/20/obama-2012-team-we-didnt-break-facebook-rules-our-campaign/442130002/> supports proposed federal legislation to regulate political ads <https://www.usatoday.com/story/news/politics/2017/12/13/federal-election-regulators-could-unmask-political-ad-buyers-facebook/946584001/> on the social network and disclose the identities of those who buy them.
And Facebook said it’s focused on paid ads run by federal candidates or political committees, not the negative appeals to Facebook users on hot-button social issues that were deployed by Russian operatives in 2016.
Many of the ads linked to Russian operatives did not call for people to vote for a specific candidate. Instead, Russians, posing as Americans, spread divisive messages to stir up voters and public outrage. Federal law bars foreign interests from making campaign contributions or interfering with U.S. elections.
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Posted in campaigns<http://electionlawblog.org/?cat=59>
“March for Our Lives nets thousands of new voters”<http://electionlawblog.org/?p=98428>
Posted on March 29, 2018 3:00 pm<http://electionlawblog.org/?p=98428> by Rick Hasen<http://electionlawblog.org/?author=3>
That’s the lead story in this week’s Electionline Weekly<http://www.electionline.org/index.php/electionline-weekly>.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“One Theory or Several?”<http://electionlawblog.org/?p=98424>
Posted on March 29, 2018 12:18 pm<http://electionlawblog.org/?p=98424> by Rick Hasen<http://electionlawblog.org/?author=3>
Ned Foley blogs<http://moritzlaw.osu.edu/election-law/article/?article=13427> on the partisan gerrymandering morass at the Supreme Court.
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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>
U.S. Opposes Award Attorneys Fees to True the Vote in IRS Targeting Litigation<http://electionlawblog.org/?p=98421>
Posted on March 29, 2018 12:17 pm<http://electionlawblog.org/?p=98421> by Rick Hasen<http://electionlawblog.org/?author=3>
The motion is here.<https://www.scribd.com/document/375096156/DOJ-opposition-filing-refuting-wrongdoing-in-IRS-v-TTV-lawsuit>
TTV is fundraising off the motion.
[http://electionlawblog.org/wp-content/uploads/Screen-Shot-2018-03-29-at-12.16.31-PM.png]<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2018-03-29-at-12.16.31-PM.png>
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Posted in tax law and election law<http://electionlawblog.org/?cat=22>
“This Week’s Episode: Voting Wars and Justice Scalia, with Rick Hasen”<http://electionlawblog.org/?p=98419>
Posted on March 29, 2018 10:14 am<http://electionlawblog.org/?p=98419> by Rick Hasen<http://electionlawblog.org/?author=3>
Podcast<https://shows.pippa.io/5a9765277d9cba4d2f811e75/voting-wars-and-justice-scalia-with-rick-hasen> from Take Care:
On a new episode of Versus Trump, Jason talks to Rick Hasen, a leading election law scholar and purveyor of the Election Law Blog<http://electionlawblog.org/>, about what’s going on at the voting booth, possible campaign finance law violations by both Trump and Clinton in the 2016 cycle, and Justice Scalia, who is the subject of Rick’s new book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption<https://www.amazon.com/Justice-Contradictions-Antonin-Politics-Disruption/dp/0300228643>.
Jason and Rick start the discussion by looking at this Administration’s record on voting rights, including its positions on Voter ID laws and voter registration laws. They then discuss possible campaign finance law violations in three “scandals” arising out of the 2016 presidential campaign cycle: the Trump campaign’s contacts with Russians, the Clinton campaign’s funding of the Steele dossier, and Trump’s attorney’s $130,000 payment made in October 2016 to Stormy Daniels as part of a non-disclosure agreement. The discussion concludes with a close look at the jurisprudence of Justice Scalia. Rick explains why he thinks Scalia was a justice full of contradictions, and why Scalia’s decisions were not necessarily as consistently guided by neutral principles as the Justice often claimed they were.
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Posted in Scalia<http://electionlawblog.org/?cat=123>, Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Stormy Daniels’ payoff an illegal contribution? FEC ruling could take years”<http://electionlawblog.org/?p=98417>
Posted on March 29, 2018 8:06 am<http://electionlawblog.org/?p=98417> by Rick Hasen<http://electionlawblog.org/?author=3>
Dave Levinthal<https://www.publicintegrity.org/2018/03/29/21639/stormy-daniels-payoff-illegal-contribution-fec-ruling-could-take-years> for CPI.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Why Federalism Keeps Me Up At Night”<http://electionlawblog.org/?p=98415>
Posted on March 29, 2018 8:03 am<http://electionlawblog.org/?p=98415> by Rick Hasen<http://electionlawblog.org/?author=3>
Ciara Torres Spelliscy has written this post<http://www.brennancenter.org/blog/why-federalism-keeps-me-night>, with the subhead: “Congress is reluctant to use its power under the Elections Clause to set standards for the states. This could be an area where the diversity of federalism is a disadvantage.”
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Posted in election administration<http://electionlawblog.org/?cat=18>
“How the Supreme Court and the Next Census Could Affect the Electoral Map”<http://electionlawblog.org/?p=98413>
Posted on March 29, 2018 7:57 am<http://electionlawblog.org/?p=98413> by Rick Hasen<http://electionlawblog.org/?author=3>
The Economist:<https://www.economist.com/news/united-states/21739785-drawing-line-how-supreme-court-and-next-census-could-affect-electoral-map>
AS LONG as elections have been held, candidates have sought to bend the rules to their advantage. American political parties have taken gerrymandering to new heights, using computer models that enable districts to be crafted block by block for maximum partisan gain. The Supreme Court is now taking notice, having accepted two cases that question whether it is constitutional for legislators to choose their voters, rather than the other way round. But Republicans, whose victories in 2010 put them in a position to doctor far more districts than Democrats have, are taking no chances. A change to the questionnaire for the decennial census in 2020 is expected to increase the share of districts whose voters prefer Republicans.
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Posted in redistricting<http://electionlawblog.org/?cat=6>
--
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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