[EL] ELB News and Commentary 11/1/18

Thu Nov 1 08:31:08 PDT 2018

“Americans see voter suppression as a bigger problem than voter fraud”<https://electionlawblog.org/?p=101868>
Posted on November 1, 2018 8:27 am<https://electionlawblog.org/?p=101868> by Rick Hasen<https://electionlawblog.org/?author=3>

The Fix:<https://www.washingtonpost.com/politics/2018/10/31/americans-see-voter-suppression-bigger-problem-than-voter-fraud/?utm_term=.cae43ad4a933>

On Monday, the Pew Research Center released<http://www.people-press.org/2018/10/29/elections-in-america-concerns-over-security-divisions-over-expanding-access-to-voting/> a survey looking at how Americans see these dueling problems. To do so, though, it used an interesting strategy, asking respondents how big fraud or suppression would be depending on how many incidents occurred (in a million-voter election).

Overall, voter suppression was considered a major problem by more Americans. In each case, the number of people saying that fraud or suppression were a problem increased as the number of theoretical incidents increased. Put another way: More voter fraud or more voter suppression is seen as a bigger problem.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Why Voting Is in Fashion: This election cycle, casting a ballot isn’t just a talking point. It’s a product category.”<https://electionlawblog.org/?p=101866>
Posted on November 1, 2018 8:26 am<https://electionlawblog.org/?p=101866> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT.<https://www.nytimes.com/2018/11/01/fashion/vote-midterms-fashion.html>

[https://static01.nyt.com/images/2018/11/01/fashion/01UNBUTTONED-VOTE-COMBO/01UNBUTTONED-VOTE-COMBO-articleLarge.jpg?quality=75&auto=webp&disable=upscale]
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“How Big Oil Dodges Facebook’s New Ad Transparency Rules”<https://electionlawblog.org/?p=101864>
Posted on November 1, 2018 8:22 am<https://electionlawblog.org/?p=101864> by Rick Hasen<https://electionlawblog.org/?author=3>

ProPublica:<https://www.propublica.org/article/how-big-oil-dodges-facebooks-new-ad-transparency-rules>

A Facebook ad<https://projects.propublica.org/facebook-ads/ad/6129274082950> in October urged political conservatives to support the Trump administration’s rollback of fuel emission standards, which it hailed as “our president’s car freedom agenda” and “plan for safer, cheaper cars that WE get to choose.” The ad came from a Facebook page called Energy4US, and it included a disclaimer, required by Facebook, saying it was “paid for by Energy4US.”

Yet there is no such company or organization as Energy4US, nor is it any entity’s registered trade name, according to a search of LexisNexis and other databases. Instead, Energy4US — which Facebook says spent nearly $20,000 on the ads — appears to be a front for American Fuel & Petrochemical Manufacturers, a trade association whose members include ExxonMobil, BP, Chevron and Shell. In 2015, when the Energy4US website was launched, it was registered to AFPM, which is also first on a list of “coalition members” on the site. AFPM, which did not respond to calls and emails for this article, has spent more than $2.5 million this year lobbying the federal government, including advocating for less stringent emission standards.

Although Facebook now requires every political ad to “accurately represent the name of the entity or person responsible,” the social media giant acknowledges that it didn’t check whether Energy4US is actually responsible for the ad. Nor did it question 11 other ad campaigns identified by ProPublica in which U.S. businesses or individuals masked their sponsorship through faux groups with public-spirited names. Some of these campaigns resembled a digital form of what is known as “astroturfing,” or hiding behind the mirage of a spontaneous grassroots movement. In most cases, Facebook users would have to click on the ad and scrutinize the affiliated website to find any reference to the actual sponsor.

The 12 ad campaigns, for which Facebook received a total of more than $800,000, expose a significant gap in enforcement of its new disclosure policy, and they cast doubt on Chief Operating Officer Sheryl Sandberg’s assurance to the U.S. Senate in September that “you can see who paid for” ads. Adopted this past May in the wake of Russian interference in the 2016 presidential campaign, Facebook’s rules are designed to hinder foreign meddling in elections by verifying that individuals who run ads on its platform have a U.S. mailing address, governmental ID and a Social Security number. But, once this requirement has been met, Facebook doesn’t check whether the advertiser identified in the “paid for by” disclosure has any legal status, enabling U.S. businesses to promote their political agendas secretly.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>

“Election apparitions: These Maryland ‘ghost’ precincts have no polling places or voters”<https://electionlawblog.org/?p=101862>
Posted on November 1, 2018 8:12 am<https://electionlawblog.org/?p=101862> by Rick Hasen<https://electionlawblog.org/?author=3>

The Baltimore Sun reports. <https://www.baltimoresun.com/news/maryland/politics/bs-md-ghost-precincts-20181030-story.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“When states make it easier to vote, more people vote. Kentucky makes voting extra hard.”<https://electionlawblog.org/?p=101860>
Posted on November 1, 2018 7:59 am<https://electionlawblog.org/?p=101860> by Rick Hasen<https://electionlawblog.org/?author=3>

Josh Douglas oped<https://www.kentucky.com/opinion/op-ed/article220921220.html>.
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Posted in election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>

North Carolina Partisan Gerrymandering Opponents File Supreme Court Motion to Affirm in Rucho Case<https://electionlawblog.org/?p=101858>
Posted on November 1, 2018 7:57 am<https://electionlawblog.org/?p=101858> by Rick Hasen<https://electionlawblog.org/?author=3>

You can find the document here<https://campaignlegal.org/sites/default/files/2018-10/18-422%20Motion%20to%20Affirm.pdf>.

I believe it is almost certain the Court will set the case for argument (and I think chances<https://blog.harvardlawreview.org/the-next-threat-to-redistricting-reform/> of an affirmance are low with Justice Kavanaugh now on the Court, but we will see).
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Posted in redistricting<https://electionlawblog.org/?cat=6>, Supreme Court<https://electionlawblog.org/?cat=29>

“Women in Competitive House Races Are Outraising Male Opponents”<https://electionlawblog.org/?p=101856>
Posted on November 1, 2018 7:52 am<https://electionlawblog.org/?p=101856> by Rick Hasen<https://electionlawblog.org/?author=3>

Campaign Finance Institute:<http://www.cfinst.org/Press/PReleases/18-11-01/Women_in_Competitive_House_Races_Are_Outraising_Male_Opponents.aspx>

[http://www.cfinst.org/images/email/WomenGeneral.png]The year 2018 saw a record number of women candidates competing in major party primary elections*, with another record number making it through to next week’s general election. An analysis by the Campaign Finance Institute of pre-general election reports from the Federal Election Commission (FEC) shows that these candidates have been very successful in raising funds for the general election, especially in competitive races.

As a result, it is likely that the next Congress will set yet another record, for the number of women members. Currently there are eighty-four female members of the House<http://www.cawp.rutgers.edu/women-us-house-representatives-2018>. In next week’s election, eighty-two races have female candidates whose elections are considered to be safe or likely. This includes sixty-nine incumbents and thirteen open seat candidates. Thirty-four competitive races feature a female running against a male. In these competitive incumbent/challenger or open seat races, women are outraising their male opponents, on average, by more than $500,000 each ($3.67 to $3.13 million).
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>

“How politics became a risky business for companies in the era of Donald Trump, Steve King”<https://electionlawblog.org/?p=101853>
Posted on November 1, 2018 7:51 am<https://electionlawblog.org/?p=101853> by Rick Hasen<https://electionlawblog.org/?author=3>

Fredreka Schouten for CNN. <https://www.cnn.com/2018/10/31/politics/politics-steve-king-corporate-risks/index.html>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>

“OpenInvest Launches ‘Divest From Dark Money’ Investing Category”<https://electionlawblog.org/?p=101851>
Posted on November 1, 2018 7:49 am<https://electionlawblog.org/?p=101851> by Rick Hasen<https://electionlawblog.org/?author=3>

Interesting.<https://www.prnewswire.com/news-releases/openinvest-launches-divest-from-dark-money-investing-category-300739881.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

William and Mary Election Law Program Expands eBenchbook Series for State Courts<https://electionlawblog.org/?p=101849>
Posted on November 1, 2018 7:48 am<https://electionlawblog.org/?p=101849> by Rick Hasen<https://electionlawblog.org/?author=3>

Announcement via email:

The Election Law Program is pleased to announce the expansion of its eBenchbook platform to include North Carolina and Nevada. ELP aims to offer annotated state election statutes in all fifty states. Visit the beta site at https://ebenchbook.wm.edu<https://ebenchbook.wm.edu/>. Press release here<http://ebenchbook.wm.edu/wp-content/uploads/2018/11/Press-Release.pdf>.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“The midterms will be the most secure elections we’ve ever held”<https://electionlawblog.org/?p=101847>
Posted on October 31, 2018 2:47 pm<https://electionlawblog.org/?p=101847> by Rick Hasen<https://electionlawblog.org/?author=3>

David Becker WaPo oped. <https://www.washingtonpost.com/opinions/the-midterms-will-be-the-most-secure-elections-weve-ever-held/2018/10/31/e60ff8d6-d930-11e8-9559-712cbf726d1c_story.html?utm_term=.ded153270617>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“How to Punish Voters; The prosecution of individual voters for fraud is a trend that seems intended to intimidate.”<https://electionlawblog.org/?p=101845>
Posted on October 31, 2018 2:45 pm<https://electionlawblog.org/?p=101845> by Rick Hasen<https://electionlawblog.org/?author=3>

Josie Duffy Rice NYT oped.<https://www.nytimes.com/2018/10/31/opinion/election-voting-rights-fraud-prosecutions.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“With $30 Million, Obscure Democratic Group Floods the Zone in House Races”<https://electionlawblog.org/?p=101843>
Posted on October 31, 2018 2:26 pm<https://electionlawblog.org/?p=101843> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2018/10/31/us/politics/democrats-dark-money-midterms.html>

A structure unknown even to some of those involved, Floridians for a Fair Shake and 13 other groups around the country are funded and coordinated out of a single office in Washington, with the goal of battering Republicans for their health care and economic policies during the midterm elections.

At the center of the effort is an opaquely named Democratic organization, the Hub Project, which is on track to spend nearly $30 million since 2017 pressuring members of Congress in their districts. The great bulk of its funding has come from so-called dark money — funds from donors who are not legally required to reveal their names.

With that money, the Hub Project — in an initiative run by a former Obama administration official and public relations specialist, Leslie Dach, and Arkadi Gerney, a former political strategist for the liberal Center for American Progress — set up an array of affiliate groups around the country, many with vaguely sympathetic names like Keep Iowa Healthy, New Jersey for a Better Future and North Carolinians for a Fair Economy. The Hub Project then used them to mobilize volunteers and run advertising on policy issues against Republican members of Congress many months before the election.

More than a dozen of the targeted lawmakers remain among the most endangered incumbents this year, including Representatives Rod Blum of Iowa<https://www.nytimes.com/2018/08/08/us/politics/ohio-kansas-elections-results.html?module=inline>, Bruce Poliquin of Maine, Steve Knight of California and George Holding of North Carolina.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>

“The Amazing Disappearing Voter; Voter purges have become the right’s new voter suppression tool of choice.”<https://electionlawblog.org/?p=101841>
Posted on October 31, 2018 11:47 am<https://electionlawblog.org/?p=101841> by Rick Hasen<https://electionlawblog.org/?author=3>

Eliza Newlin Carney deep dive<https://talkingpointsmemo.com/feature/the-amazing-disappearing-voter> for TPM.
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Posted in election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>

Georgia: “Judge Denies Kemp’s Effort to Postpone Absentee Voter TRO”<https://electionlawblog.org/?p=101839>
Posted on October 31, 2018 11:41 am<https://electionlawblog.org/?p=101839> by Rick Hasen<https://electionlawblog.org/?author=3>

NLJ: <https://www.law.com/nationallawjournal/2018/10/31/judge-denies-kemps-effort-to-postpone-absentee-voter-tro/?kw=Judge%20Denies%20Kemp%27s%20Effort%20to%20Postpone%20Absentee%20Voter%20TRO&et=editorial&bu=NationalLawJournal&cn=20181031&src=EMC-Email&pt=NewsroomUpdates>

A federal judge in Atlanta turned Secretary of State Brian Kemp’s own words against him in denying a request to postpone a court order<https://www.law.com/dailyreportonline/2018/10/24/federal-judge-bars-ga-election-officials-from-rejecting-absentee-ballots-without-notifying-voters/> intended to reduce the number of rejected absentee ballots across the state.

Judge Leigh Martin May of the U.S. District Court for the Northern District of Georgia said that staying an injunction pending an appeal is not a right—echoing Kemp’s argument in seeking the delay that absentee voting is “a privilege and a convenience,” not a right.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“Court orders Ohio boards of election to count provisional ballots in midterms for certain voters purged from rolls”<https://electionlawblog.org/?p=101837>
Posted on October 31, 2018 11:36 am<https://electionlawblog.org/?p=101837> by Rick Hasen<https://electionlawblog.org/?author=3>

Cleveland.com<https://www.cleveland.com/court-justice/2018/10/court-orders-ohio-boards-of-election-to-count-provisional-ballots-in-midterms-for-certain-voters-purged-from-rolls.html>:

A federal appeals court on Wednesday ruled that boards of election in Ohio must count provisional election ballots cast by certain people previously purged from voter rolls for the 2018 midterm elections.

A three-judge panel from the 6th U.S. Circuit Court of Appeals ruled 2-1 that votes cast by people purged by the state between 2011 and 2015 must be counted if they still live in the same county of their last registration and if they are not disqualified from voting because of a felony conviction, mental incapacity or death.

The ruling comes as part of a larger challenge to Ohio’s voter purge process.

You can find the majority and partially dissenting opinion at this link.<http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0243p-06.pdf> I expect Ohio will try pretty quickly to get this ruling reversed.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“New Issue One report highlights how Washington power players use leadership PAC contributions to buy access and influence in the 115th Congress”<https://electionlawblog.org/?p=101835>
Posted on October 31, 2018 7:47 am<https://electionlawblog.org/?p=101835> by Rick Hasen<https://electionlawblog.org/?author=3>

Release via email:

More than 500 leadership PACs operated by sitting members of Congress raised over $150 million so far this election cycle. Of this sum, more than 60 percent came from political action committees (PACs) connected to companies, trade associations, labor unions and other groups that frequently have business before these lawmakers.

These findings and more are at the heart of a new Issue One report — entitled “Leadership PACs, Inc.: How Washington power players use leadership PACs to buy access and influence<http://email.prnewswire.com/wf/click?upn=mrW9aHhFe71WJxwxpgHxdzEDQ5Dh-2FE2NJ-2BBVn5krFj7KktHU4wba20kyx1defxkO-2Fq1WeL0V7y8jY1MUSos94HHB22F-2BgYXO4n2qeNte0vD2Kg9yTuzNVfvaIEAlgKNrLwf-2F7Mym-2FGuWFyMynErBDjc2gXHomsLXuEmwAr1bX-2F-2FX-2Bj573UiFpl3pXBnxfMAgSUDwUhqgFoH-2FTVzrzxEkD5dSUlwT7l-2FA9KvSIBS3-2Ftk-3D_MxsnV1nFJ0N6iaI6ROK3eERHn3LdCNHdSOXIWZIS7ekEoqe0xiUYCeWVdORMAMemyXNkbR09lOalTQvdHLx0xHqvGHg2nsqtXhUd-2BapsrtqrzLYv-2FuUoXIafLp4-2BD82hd44Hqu9IlKPPdXp9lnFBidEtRHxii-2BVSYJXPtzu9dPsd7JVzNVK12HUMFqdHW8Ufdft4MTxufs6uqNIG4ynTUM9DYcrDwLU-2BLy-2F3ZLHOHztDRMXA6-2BRsPN1RvLMY4zmc-2BAsCJeHwoMubEp21qH2-2BaQXAur6NLExmXv60vyze-2BBJQbFOw8GLeHLklIvbMa9Tr>” — in which Issue One analyzed data from the Center for Responsive Politics about contributions to leadership PACs between January 1, 2017 and September 30, 2018. …
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>

“Can ranked-choice voting end ugly election battles? This November, Maine hopes to find out.”<https://electionlawblog.org/?p=101833>
Posted on October 31, 2018 7:45 am<https://electionlawblog.org/?p=101833> by Rick Hasen<https://electionlawblog.org/?author=3>

The Fix reports.<https://www.washingtonpost.com/politics/2018/10/31/can-ranked-choice-voting-end-ugly-election-battles-this-november-maine-hopes-find-out/?noredirect=on&utm_term=.48275c92cf7a>
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Posted in alternative voting systems<https://electionlawblog.org/?cat=63>

“How Big Sky Country became the front line in a long battle over dark money”<https://electionlawblog.org/?p=101831>
Posted on October 31, 2018 7:44 am<https://electionlawblog.org/?p=101831> by Rick Hasen<https://electionlawblog.org/?author=3>

The CS Monitor reports<https://www.csmonitor.com/USA/Politics/2018/1029/How-Big-Sky-Country-became-the-front-line-in-a-long-battle-over-dark-money>, with the subhead: “Montana has some of the strictest campaign finance laws in the US. Who can contribute to campaigns, and how much, may change if the Supreme Court takes up two cases from the state.”
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

--
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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