[EL] ELB News and Commentary 11/5/18

Mon Nov 5 07:48:42 PST 2018

“Study finds pattern in Twitter voter fraud posts”<https://electionlawblog.org/?p=101978>
Posted on November 5, 2018 7:45 am<https://electionlawblog.org/?p=101978> by Rick Hasen<https://electionlawblog.org/?author=3>

Tribune News Service:<https://www.pressherald.com/2018/11/03/study-finds-pattern-in-twitter-voter-fraud-posts/>

Researchers have identified what they called a coordinated network of Twitter accounts that’s pushing false and misleading stories about election integrity with hashtags like #VoterFraud.

They found a core of 200 accounts that posted on Twitter or were mentioned in posts more than 140 million times in the past year, according to a research report published Saturday.

The findings don’t necessarily reflect a reprise of the Russian influence efforts in the 2016 election, nor are the posts clearly driven by automated bots, researchers say. But the network of accounts, which sounds off at relatively regular intervals has helped create an echo chamber to justify state-level ballot restrictions despite little evidence of voter fraud.

“There is a tragically ironic relationship between the perception that large groups of people are voting illegally,” while a small group of Twitter accounts is “wielding massive influence to spread disinformation, affecting the public’s understanding of voter fraud,” the report says. It was prepared by a volunteer group of researchers and technologists led by Guardians.ai, a New York startup focused on protecting pro-democracy organizations from information warfare and cyberattack.

Researchers couldn’t identify who was behind the coordination and said the patterns they found suggest that online influence operations have changed in subtle ways that avoid detection.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>

Trump Again Seeks to Intimidate Voters<https://electionlawblog.org/?p=101976>
Posted on November 5, 2018 7:43 am<https://electionlawblog.org/?p=101976> by Rick Hasen<https://electionlawblog.org/?author=3>
[https://pbs.twimg.com/profile_images/874276197357596672/kUuht00m_bigger.jpg]<https://twitter.com/realDonaldTrump>
<https://twitter.com/realDonaldTrump>
Donald J. Trump<https://twitter.com/realDonaldTrump>
✔@realDonaldTrump<https://twitter.com/realDonaldTrump>

<https://twitter.com/realDonaldTrump/status/1059470847751131138>

Law Enforcement has been strongly notified to watch closely for any ILLEGAL VOTING which may take place in Tuesday’s Election (or Early Voting). Anyone caught will be subject to the Maximum Criminal Penalties allowed by law. Thank you!
7:41 AM - Nov 5, 2018<https://twitter.com/realDonaldTrump/status/1059470847751131138>

·         <https://twitter.com/intent/like?tweet_id=1059470847751131138>

5,740<https://twitter.com/intent/like?tweet_id=1059470847751131138>

·         <https://twitter.com/realDonaldTrump/status/1059470847751131138>

3,531 people are talking about this<https://twitter.com/realDonaldTrump/status/1059470847751131138>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

DOJ’s John Gore, in Deposition, Admits that Citizenship Question Not Necessary for DOJ to Enforce Voting Rights Act<https://electionlawblog.org/?p=101974>
Posted on November 5, 2018 7:40 am<https://electionlawblog.org/?p=101974> by Rick Hasen<https://electionlawblog.org/?author=3>

The claim was always bogus, but now DOJ’s John Gore has admitted it<https://twitter.com/hansilowang/status/1059215777130262533>:
View image on Twitter<https://twitter.com/hansilowang/status/1059215777130262533/photo/1>
[View image on Twitter]<https://twitter.com/hansilowang/status/1059215777130262533/photo/1>
[https://pbs.twimg.com/profile_images/957796956906115073/8uFCZbZd_bigger.jpg]<https://twitter.com/hansilowang>
<https://twitter.com/hansilowang>
Hansi Lo Wang<https://twitter.com/hansilowang>
✔@hansilowang<https://twitter.com/hansilowang>

<https://twitter.com/hansilowang/status/1059215777130262533>

BREAKING: @TheJusticeDept<https://twitter.com/TheJusticeDept> official John Gore -- drafter of DOJ's request for citizenship question on #2020census<https://twitter.com/hashtag/2020census?src=hash> -- testified that adding the question is "not necessary" for enforcing the Voting Rights Act.

From transcript of Gore's deposition for lawsuits, provided by @ACLU<https://twitter.com/ACLU>[👇]
2:48 PM - Nov 4, 2018<https://twitter.com/hansilowang/status/1059215777130262533>

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761<https://twitter.com/intent/like?tweet_id=1059215777130262533>

·         <https://twitter.com/hansilowang/status/1059215777130262533>

559 people are talking about this<https://twitter.com/hansilowang/status/1059215777130262533>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>

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

“Voting machine errors already roil Texas and Georgia races”<https://electionlawblog.org/?p=101972>
Posted on November 5, 2018 7:37 am<https://electionlawblog.org/?p=101972> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico reports. <https://www.politico.com/story/2018/11/05/voting-machine-errors-texas-georgia-2018-elections-midterms-959980>
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Posted in voting technology<https://electionlawblog.org/?cat=40>

“Concerns about voter access dominate final stretch before Election Day”<https://electionlawblog.org/?p=101970>
Posted on November 5, 2018 7:36 am<https://electionlawblog.org/?p=101970> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo reports. <https://www.washingtonpost.com/politics/concerns-about-voter-access-dominate-final-stretch-before-election-day/2018/11/04/b660c216-dece-11e8-b732-3c72cbf131f2_story.html?utm_term=.1998c0fd0d56>
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Following the New Soft Money”<https://electionlawblog.org/?p=101968>
Posted on November 5, 2018 7:36 am<https://electionlawblog.org/?p=101968> by Rick Hasen<https://electionlawblog.org/?author=3>

Dan Tokaji for the HLR blog.<https://blog.harvardlawreview.org/following-the-new-soft-money/>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

NYT With More Detail on Kemp Claims of Democratic Hacking in Georgia<https://electionlawblog.org/?p=101966>
Posted on November 5, 2018 7:30 am<https://electionlawblog.org/?p=101966> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2018/11/04/us/politics/georgia-elections-kemp-voters-hack.html>

In the early evening, the state Democratic Party in Georgia released what it said were the email exchanges Ms. Broce was referring to. They appeared to be rooted in efforts to find troubling weaknesses in Georgia’s election system.

In the first email, a man named Richard Wright, who Democrats say is not affiliated with the party, writes to Ms. Small, whom officials identified as a Democratic Party volunteer.

In the email, Mr. Wright describes how “any file on the system” on a Georgia voter information page can be accessed through a place on the site meant for downloading sample ballots and poll cards. He also shows how an online voter registration site can be used to “download anyones[sic] data.”

The Democratic Party statement says that Ms. Small forwarded that email to Ms. Ghazal. The party said that it was “abundantly clear” that Ms. Small did not attempt to manipulate the site.

“The Kemp campaign has no case and must immediately retract their defamatory accusations,” the Democratic statement said….

The announcement by the secretary of state’s office was a distinctly odd one. Usually investigations begin by determining if there was a cyber intrusion or an action taken by an attacker to bring down networks or wipe out information, or whether data was changed or stolen. Only then would investigators turn to gathering forensic evidence on who might have conducted an attack — a foreign government, a political rival, maybe a group of teenagers.

Mr. Kemp has made similar accusations of vote hacking in the past. In December 2016, he accused the Department of Homeland Security of hacking into Georgia’s voter registration records, as well as the Georgia secretary of state’s computer systems. An independent investigation by the department’s inspector general, which operates independently from the department’s chain of command, found that the activity Mr. Kemp believed was suspicious was, in fact, normal behavior between computer systems.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Who Should Recount Elections: People … Or Machines?”<https://electionlawblog.org/?p=101964>
Posted on November 5, 2018 7:26 am<https://electionlawblog.org/?p=101964> by Rick Hasen<https://electionlawblog.org/?author=3>

538:<https://fivethirtyeight.com/features/who-should-recount-elections-people-or-machines/>

Back in 2016, when Green Party presidential candidate Jill Stein asked for a recount in several key states, it seemed clear that human hands were the preferred instrument for recounting the votes in an election. Stein specifically requested a hand count in her petitions. When the state of Wisconsin refused, she sued<https://www.jsonline.com/story/news/politics/elections/2016/11/28/elections-staff-layout-recount-timeline/94539210/>, arguing that the computerized optical scanner machines used by most districts in the state to count paper ballots were more prone to making errors<https://www.jill2016.com/recount_fact_sheets> in a count. Hillary Clinton’s lawyer agreed<https://www.theguardian.com/us-news/2016/nov/29/hillary-clinton-election-recount-wisconsin-jill-stein>. And so did some computer security experts<https://www.jsonline.com/story/opinion/contributors/2016/11/29/simons-why-we-must-recount-hand/94630674/>.

Political scientists say the answer is clear. “There are a lot of assertions out there, and I see them constantly being made, that machines are error-prone and humans are perfect in counting,” said Charles Stewart, professor of political science at MIT. “And that doesn’t bear out.”…

Recounts are becoming more common, said Edward Foley, director of the election law program at Ohio State University’s Moritz College of Law. It’s hard to count the exact number, though, because most recounts happen in local, rather than statewide, races, and because there are a lot of things colloquially called “recounts” that aren’t.

That said, there’s evidence that Americans are fighting over election results more than we did in the past. Richard Hasen, a professor of law and political science at the University of California, Irvine, came up with one estimate<https://scholarship.law.wm.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1848&context=wmborj> by searching a database of legal cases for the keyword “election” and variations on the word “challenge,” and then culling the results to remove cases that weren’t relevant. Because of this, his estimate is likely undercounting, but it shows a significant increase in challenged election results over time. There were at least 337 such cases in 2016. In 1996, he found 108.
[https://fivethirtyeight.com/wp-content/uploads/2018/11/MKB-recounts-1029-1.png]

These numbers represent three main kinds of disputes, Foley told me. First, candidates (and their lawyers) argue over what ballots should be counted and which should be thrown out as ineligible. Then, they argue over which candidate specific ballots should count for. Finally, they argue over whether all the eligible votes were counted correctly — the actual recount. Humans are much better than machines at making decisions around the first two kinds of ambiguous disputes, Stewart said, but evidence suggests that the computers are better at counting. Michael Byrne, a psychology professor at Rice University who studies human-computer interaction, agreed. “That’s kind of what they’re for,” he said.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Free gas drawing only for those who pledge support for Prop. 6? Backers now say no, anyone can enter.”<https://electionlawblog.org/?p=101962>
Posted on November 5, 2018 7:23 am<https://electionlawblog.org/?p=101962> by Rick Hasen<https://electionlawblog.org/?author=3>

SD Union Tribune:<http://www.sandiegouniontribune.com/news/watchdog/sd-me-gas-tax-20181104-story.html>

The campaign supporting Proposition 6, the November ballot measure to repeal a California gas-tax increase, on Sunday promoted a statewide event sure to be popular — a drawing for a free tank of gas for those who promise to support the measure.

But such giveaways are generally not allowed under state and federal law, and the news release was re-sent without the explicit requirement for people to support the measure to enter the drawing.
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Posted in vote buying<https://electionlawblog.org/?cat=43>

“Brian Kemp under scrutiny after announcing probe of Democrats”<https://electionlawblog.org/?p=101960>
Posted on November 5, 2018 7:17 am<https://electionlawblog.org/?p=101960> by Rick Hasen<https://electionlawblog.org/?author=3>

AJC:<https://www.ajc.com/news/state--regional-govt--politics/probe-georgia-democratic-party-prompts-fresh-scrutiny-brian-kemp/AElKvktttgsz5UgJbiXgyO/>

Secretary of State Brian Kemp has had two roles this year: Running Georgia’s elections and running for governor of the state.

Democrats, including former President Jimmy Carter, have called on him to step aside,<https://www.ajc.com/news/state--regional-govt--politics/kemp-rejects-democratic-calls-quit-georgia-top-voting-official/fxxMPZLxJdBSbCUIyP29XN/> warning repeatedly of potential conflicts of interest.

Kemp is now facing renewed scrutiny after his office announced Sunday — without providing evidence and doing so just hours before Election Day — that it is investigating the Georgia Democratic Party for an alleged hack of the state’s voter registration system.<https://www.ajc.com/news/state--regional-govt--politics/allegations-hacking-and-insecurity-arise-before-georgia-election/8WHvGe3pooMBJVbneMgHfO/>

The move to publicly disclose the probe appeared to break with tradition in the office, which oversees voting integrity, as it differed from how Kemp’s team handled an earlier cyber breach at Kennesaw State University.

My earlier Slate commentary on this fiasco is here<https://slate.com/news-and-politics/2018/11/georgia-governor-candidate-brian-kemp-attempts-last-minute-banana-republic-style-voter-manipulation.html>.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Hackers are using malware to find vulnerabilities in U.S. swing states. Expect cyberattacks.”<https://electionlawblog.org/?p=101958>
Posted on November 5, 2018 7:05 am<https://electionlawblog.org/?p=101958> by Rick Hasen<https://electionlawblog.org/?author=3>

Monkey Cage.<https://www.washingtonpost.com/news/monkey-cage/wp/2018/11/05/hackers-are-using-malware-to-find-vulnerabilities-in-u-s-swing-states-expect-cyberattacks/?utm_term=.be5c171852c7>
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

Supreme Court Summarily Rejects Constitutional Challenge to the Size of the House of Representatives<https://electionlawblog.org/?p=101956>
Posted on November 5, 2018 7:03 am<https://electionlawblog.org/?p=101956> by Rick Hasen<https://electionlawblog.org/?author=3>

There were no noted dissents in this order<https://www.supremecourt.gov/orders/courtorders/110518zor_o759.pdf> dismissing the case for lack of jurisdiction.

From my earlier coverage<https://electionlawblog.org/?p=99364>:

The legal claim is more than a bit nutty, and it does not appear to be litigated very well. But in essence (as noted in this Town Hall piece<https://townhall.com/columnists/pauljacob/2018/06/04/the-first-and-most-important-first-amendment-n2486974?utm_source=thdaily&utm_medium=email&utm_campaign=nl&newsletterad=>), depends on the idea that the country ratified a  constitutional amendment but no one knows it….

Plaintiffs’ case has lots of procedural problems as well. It does not appear to be handled by lawyers who can litigate properly before the court.

Ultimately, the question whether we should expand the House of Representatives is one for the Constitutional amendment process. Whatever else we can say on the policy question, I’m confident that the remedy is not going to be imposed by the federal courts on the country.
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Posted in legislation and legislatures<https://electionlawblog.org/?cat=27>

“Brian Kemp Just Engaged in a Last-Minute Act of Banana-Republic Level Voter Manipulation in Georgia”<https://electionlawblog.org/?p=101951>
Posted on November 4, 2018 12:50 pm<https://electionlawblog.org/?p=101951> by Rick Hasen<https://electionlawblog.org/?author=3>

I have written this piece<https://slate.com/news-and-politics/2018/11/georgia-governor-candidate-brian-kemp-attempts-last-minute-banana-republic-style-voter-manipulation.html> for Slate. It begins:

In perhaps the most outrageous example of election administration partisanship in the modern era, Georgia Secretary of State Brian Kemp, who is running for governor while simultaneously in charge of the state’s elections, has accused the Democratic Party without evidence<https://politics.myajc.com/news/state--regional-govt--politics/kemp-office-investigates-georgia-democrats-after-alleged-hacking-attempt/VyyeNgNH4NN6xaXUOfl8HL/> of hacking into the state’s voter database. He plastered a headline<http://sos.ga.gov/index.php/general/after_failed_hacking_attempt_sos_launches_investigation_into_georgia_democratic_party_> about it on the Secretary of State’s website<http://sos.ga.gov/>, which thousands of voters use to get information about voting on election day.

It’s just the latest in a series of partisan moves by Kemp, who has held up<https://electionlawblog.org/?p=101906> more than 50,000 voter registrations for inconsistencies as small as a missing hyphen, fought rules<https://electionlawblog.org/?p=101919> to give voters a chance to prove their identity when their absentee ballot applications are rejected for a lack of a signature match<https://slate.com/news-and-politics/2018/10/brian-kemp-voter-mismatch-georgia-stolen-election.html>, and  been aggressive<https://www.nytimes.com/2018/10/31/opinion/election-voting-rights-fraud-prosecutions.html> in prosecuting those who have done nothing more than try to help those in need of assistance in casting ballots.

But the latest appalling move by Kemp to publicly accuse the Democrats of hacking without evidence is even worse than that: Kemp has been one of the few state election officials to refuse help from the federal Department of Homeland Security<https://www.newyorker.com/news/news-desk/trump-election-hacking-and-the-georgia-governors-race> to deter foreign and domestic hacking of voter registration databases. After computer scientists demonstrated the insecurity of the state’s voting system<https://www.atlantamagazine.com/news-culture-articles/georgias-elections-system-desperately-needs-an-update-but-how/>, he was sued for having perhaps the most vulnerable<https://www.axios.com/2018-midterm-electioons-georgias-election-headaches-28ff8d81-8658-4e0e-929f-57c630447669.html>election system in the country. His office has been plausibly accused of destroying evidence<https://slate.com/technology/2017/10/georgia-destroyed-election-data-right-after-a-lawsuit-alleged-the-system-was-vulnerable.html>, which would have helped to prove the vulnerabilities of the state election system….

WhoWhatWhy issued a report<https://whowhatwhy.org/2018/11/04/exclusive-georgias-voter-registration-system-like-open-bank-safe-door/> early on Sunday morning that seemed to explain what was going on.

Just before noon on Saturday, a third party provided WhoWhatWhy with an email and document, sent from the Democratic Party of Georgia to election security experts, that highlights ‘massive’ vulnerabilities within the state’s My Voter Page and its online voter registration system. According to the document, it would not be difficult for almost anyone with minimal computer expertise to access millions of people’s private information and potentially make changes to their voter registration — including canceling it.
If this is true, it doesn’t show Democrats “hacking<https://twitter.com/ElectProject/status/1059101451878830080>” to manipulate election results. It shows Democrats, like many others, pointing out the glaring security flaws in Georgia’s voting system. To turn this around<https://twitter.com/ElectProject/status/1059101451878830080> and blame Democrats is an act of political chutzpah by an election official on par with nothing else I’ve seen.

[https://electionlawblog.org/wp-content/uploads/Screen-Shot-2018-11-04-at-12.53.56-PM.png]<https://electionlawblog.org/wp-content/uploads/Screen-Shot-2018-11-04-at-12.53.56-PM.png>
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Posted in chicanery<https://electionlawblog.org/?cat=12>, election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>

--
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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URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181105/59ad3467/attachment-0009.png>