[EL] AZ

Fri Nov 9 17:49:59 PST 2018

Mark, I know I speak for all of us on the listserv in wishing you, Derek, your families, and all in the Pepperdine community all the best in dealing with the shooting and now these horrendous fires.

Rick

From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of Mark Scarberry <mark.scarberry at pepperdine.edu>
Date: Friday, November 9, 2018 at 9:21 AM
To: "law-election at department-lists.uci.edu" <law-election at department-lists.uci.edu>
Subject: Re: [EL] AZ

It appears that some Republicans are claiming that there may be election irregularities in Florida and Arizona beyond the problem noted below by Paul. Is there a realistic chance that the Senate will review the elections and potentially decide who the winners are (per the Senate’s constitutional power)? I wonder which party might control that process — in other words, which Senators will have been be seated at the time the Senate considers these matters? Of course all of this, unfortunately, may feed the views of people across the political spectrum that our constitutional order is in trouble.

List members may want to know that many Pepperdine faculty live in or near Thousand Oaks, where the tragic shooting occurred. We also have a large and aggressively growing brush fire that is destroying some homes in the same general area. Some faculty, staff, and administrators live on or near the campus in Malibu and have had to evacuate to safe areas on campus. Very strong winds (“Santa Anas,” up to 60 mph) are pushing the fire toward the coast (including Malibu).

Mark

Prof. Mark S. Scarberry
Pepperdine Univ. School of Law
________________________________
From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of info at arizonaspolitics.com
Sent: Friday, November 9, 2018 9:04 AM
To: Jonathan Rodden; Pildes, Rick; law-election at department-lists.uci.edu
Subject: Re: [EL] AZ

Actually, neither, Rick! The County Recorders processed and tabulated all of the early ballots that they had received by late last week or early this week. Voters were well-advised to not mail their early ballots after Halloween, because they must be RECEIVED by the end of Election Day - we are NOT a postmark state.

So, many of the ballots still to be PROCESSED and counted are ones that the USPS delivered Sat/Mon/Tue. But, the majority of the still-outstanding ballots were DROPPED OFF by voters ON Election Day. (I was in polling places during the day, and for every one person voting in person there were one or two just slipping their ballots into the early ballot slot. All of those outer envelopes have to be (a) checked to make sure the voter didn't also cast an in-person ballot, and (b) that the signature matches the signature on their voter registration form.

One of the outstanding lawsuits (pleadings: here<http://bit.ly/AZp1656>) is challenging that some of the (larger) counties are calling the voters today if their sigs don't match and verifying that it was truly them casting the ballot. The GOP is claiming that it is unfair that some counties are calling while others are not (unequal). Ironically, the GOP is also enlisting volunteers to help call their voters to correct any problematic ballots. The deadlines on challenging and/or curing verification problems are this weekend and mid-next week, respectively.

There are also a number of provisional ballots that have to go through similar verification processes.

--Paul

_____________________

Paul Weich, co-founder (also, election law attorney)

www.ArizonasPolitics.com
<http://www.ArizonasPolitics.com%3cbr%20/%3e>
602-908-9132

-------- Original Message --------
Subject: Re: [EL] AZ
From: Jonathan Rodden <jrodden at stanford.edu<mailto:jrodden at stanford.edu>>
Date: Fri, November 09, 2018 9:42 am
To: "Pildes, Rick" <rick.pildes at nyu.edu<mailto:rick.pildes at nyu.edu>>,
"law-election at department-lists.uci.edu<mailto:law-election at department-lists.uci.edu>"
<law-election at department-lists.uci.edu<mailto:law-election at department-lists.uci.edu>>
I think it is a combination of those two.  My understanding is that the counties prioritize counting the in-person ballots, and then move on to the mail-in ballots.  Also, if one mails a ballot from rural Apache County, the county election administrator told me that it goes by truck to a mail sorting center in New Mexico, then goes by truck to Phoenix, and then on to the Apache County election administration office—a process that takes several days.

JR

From:Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> on behalf of "Pildes, Rick" <rick.pildes at nyu.edu<mailto:rick.pildes at nyu.edu>>
Date: Friday, November 9, 2018 at 8:31 AM
To: "law-election at department-lists.uci.edu<mailto:law-election at department-lists.uci.edu>" <law-election at department-lists.uci.edu<mailto:law-election at department-lists.uci.edu>>
Subject: [EL] AZ

Can someone explain why AZ has so many outstanding ballots to count – 400,000 as of last night in a state where around 1.9 million votes have been counted so far.  Does AZ not start counting mail-in ballots until after the polls close?  Or are these all mail-in ballots that arrived after election day but were postmarked before, which seems unlikely?

Thanks.

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