[EL] ELB News and Commentary 11/10/18

Fri Nov 9 19:24:23 PST 2018

We’ve Reached “The Next Election Meltdown”<https://electionlawblog.org/?p=102115>
Posted on November 9, 2018 7:19 pm<https://electionlawblog.org/?p=102115> by Rick Hasen<https://electionlawblog.org/?author=3>

My 2012 Book, The Voting Wars<https://www.amazon.com/Voting-Wars-Florida-Election-Meltdown-ebook/dp/B008MXQCPY/ref=sr_1_1?ie=UTF8&qid=1541735594&sr=8-1&keywords=richard+l.+hasen+voting+wars>, has a subtitle: From Florida 2000 to the Next Election Meltdown.  That meltdown has now arrived.  I’ve been traveling and need to get up to speed on everything and collect my thoughts before writing them out fully.

In the meantime, here’s a twitter thread<https://twitter.com/rickhasen/status/1060742230976225281> with some opening thoughts:
[https://pbs.twimg.com/profile_images/1027236869476573184/PFqQJu6__bigger.jpg]<https://twitter.com/rickhasen>
<https://twitter.com/rickhasen>
Rick Hasen<https://twitter.com/rickhasen>
✔@rickhasen<https://twitter.com/rickhasen>

<https://twitter.com/rickhasen/status/1060742230976225281>

In case you are too young or don't remember the details: I recount the story of Florida 2000, in all of its partisanship, machine breakdown, incompetent glory, in chapter 1 of #TheVotingWars<https://twitter.com/hashtag/TheVotingWars?src=hash> https://www.amazon.com/Voting-Wars-Florida-Election-Meltdown-ebook/dp/B008MXQCPY/ref=sr_1_1?ie=UTF8&qid=1541735594&sr=8-1&keywords=richard+l.+hasen+voting+wars …<https://t.co/npsHR8DXpJ>
<https://twitter.com/intent/like?tweet_id=1060742230976225281>
422<https://twitter.com/intent/like?tweet_id=1060742230976225281>
7:53 PM - Nov 8, 2018<https://twitter.com/rickhasen/status/1060742230976225281>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://t.co/npsHR8DXpJ>
[https://pbs.twimg.com/card_img/1060742483586572288/rDwyjIUA?format=jpg&name=800x419]<https://t.co/npsHR8DXpJ>
The Voting Wars: From Florida 2000 to the Next Election Meltdown<https://t.co/npsHR8DXpJ>

In 2000, just a few hundred votes out of millions cast in the state of Florida separated Republican presidential candidate George W. Bush from his Democratic opponent, Al Gore. The outcome of the...<https://t.co/npsHR8DXpJ>
amazon.com<https://t.co/npsHR8DXpJ>

<https://twitter.com/rickhasen/status/1060742230976225281>
217 people are talking about this<https://twitter.com/rickhasen/status/1060742230976225281>

Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>

[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102115&title=We%E2%80%99ve%20Reached%20%E2%80%9CThe%20Next%20Election%20Meltdown%E2%80%9D>
Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

Blockbuster WSJ Story: “Donald Trump Played Central Role in Hush Payoffs to Stormy Daniels and Karen McDougal”<https://electionlawblog.org/?p=102113>
Posted on November 9, 2018 7:16 pm<https://electionlawblog.org/?p=102113> by Rick Hasen<https://electionlawblog.org/?author=3>

WSJ:<https://www.wsj.com/articles/donald-trump-played-central-role-in-hush-payoffs-to-stormy-daniels-and-karen-mcdougal-1541786601?mod=hp_lead_pos1>

As a presidential candidate in August 2015, Donald Trump huddled with a longtime friend, media executive David Pecker, in his cluttered 26th floor Trump Tower office and made a request.

What can you do to help my campaign? he asked, according to people familiar with the meeting.
Mr. Pecker, chief executive of American Media Inc., offered to use his National Enquirer tabloid to buy the silence of women if they tried to publicize alleged sexual encounters with Mr. Trump.

Less than a year later, Mr. Trump asked Mr. Pecker to quash the story of a former Playboy model who said they’d had an affair. Mr. Pecker’s company soon paid $150,000 to the model, Karen McDougal<https://www.wsj.com/articles/national-enquirer-shielded-donald-trump-from-playboy-models-affair-allegation-1478309380?mod=article_inline>, to keep her from speaking publicly about it. Mr. Trump later thanked Mr. Pecker for the assistance.

The Trump Tower meeting and its aftermath are among several previously unreported instances in which Mr. Trump intervened directly to suppress stories about his alleged sexual encounters with women<https://www.wsj.com/articles/why-michael-cohen-agreed-to-plead-guiltyand-implicate-the-president-1534987372?mod=article_inline>, according to interviews with three dozen people who have direct knowledge of the events or who have been briefed on them, as well as court papers, corporate records and other documents.

Taken together, the accounts refute a two-year pattern of denials by Mr. Trump, his legal team and his advisers<https://www.wsj.com/articles/timeline-of-the-donald-trump-stormy-daniels-saga-1525373930?mod=article_inline> that he was involved in payoffs to Ms. McDougal and a former adult-film star. They also raise the possibility that the president of the United States violated federal campaign-finance laws.

The Wall Street Journal found that Mr. Trump was involved in or briefed on nearly every step of the agreements. He directed deals in phone calls and meetings with his self-described fixer, Michael Cohen, and others. The U.S. attorney’s office in Manhattan has gathered evidence of Mr. Trump’s participation in the transactions….

Mr. Cohen has also described to prosecutors his discussions with Mr. Trump and a Trump Organization executive about how to pay Ms. Clifford without leaving the candidate’s fingerprints on the deal.
Mr. Trump’s involvement in the payments, by itself, wouldn’t mean he is guilty of federal crimes, according to Richard Hasen, a law professor at University of California, Irvine, who specializes in election law. A criminal conviction would require proof Mr. Trump willfully skirted legal prohibitions on contributions from companies or from individuals in excess of $2,700, he said.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102113&title=Blockbuster%20WSJ%20Story%3A%20%E2%80%9CDonald%20Trump%20Played%20Central%20Role%20in%20Hush%20Payoffs%20to%20Stormy%20Daniels%20and%20Karen%20McDougal%E2%80%9D>
Posted in campaign finance<https://electionlawblog.org/?cat=10>, chicanery<https://electionlawblog.org/?cat=12>

“Judge orders Broward elections chief to turn over vote counts to Scott’s campaign”<https://electionlawblog.org/?p=102111>
Posted on November 9, 2018 7:12 pm<https://electionlawblog.org/?p=102111> by Rick Hasen<https://electionlawblog.org/?author=3>

Tampa Bay Times:<https://www.tampabay.com/florida-politics/buzz/2018/11/09/judge-orders-broward-elections-chief-to-turn-over-vote-counts-to-scotts-campaign/>
A Broward judge ordered the county’s elections chief to turn over to Rick Scott’s campaign for the U.S. Senate an accounting of total ballots cast and a breakdown of votes by category — all due by 7 p.m. Friday.
Circuit Judge Carol-Lisa Phillips also held that Brenda Snipes, Broward’s supervisor of elections, was in violation of Florida public records laws for not fulfilling a request for that information by Scott’s campaign.
Phillips ordered Snipes to turn over the number of all ballots cast in Tuesday’s midterm election, broken down by absentee, early and Election Day votes. She also ordered her to provide the number of ballots still to be counted.
The information that Scott’s campaign sought in a lawsuit filed against Snipes “should be a matter of record at this time and immediately available,” the judge said. The campaign submitted its request for Broward’s ballot records on Thursday afternoon, just hours before it filed suit.

A thought<https://twitter.com/rickhasen/status/1060886410750803968>:

Two things can be true at the same time: Broward county is incompetent in counting votes and there is no evidence of intentional fraud. Rick Scott had 8 years to improve Florida’s system of election administration.
<https://twitter.com/intent/like?tweet_id=1060886410750803968>
4,779<https://twitter.com/intent/like?tweet_id=1060886410750803968>
5:26 AM - Nov 9, 2018<https://twitter.com/rickhasen/status/1060886410750803968>

[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102111&title=%E2%80%9CJudge%20orders%20Broward%20elections%20chief%20to%20turn%20over%20vote%20counts%20to%20Scott%E2%80%99s%20campaign%E2%80%9D>
Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Trump, Republicans call vote count into question amid tight McSally-Sinema race for Senate”<https://electionlawblog.org/?p=102108>
Posted on November 9, 2018 7:08 pm<https://electionlawblog.org/?p=102108> by Rick Hasen<https://electionlawblog.org/?author=3>

Arizona Republic:<https://www.azcentral.com/story/news/politics/elections/2018/11/09/mcsally-sinema-election-republicans-claim-arizona-vote-fraud/1942637002/>

President Donald Trump andRepublicans in Arizona and nationally are stoking claims of deliberate election fraud in the state’s U.S. Senate race as Martha McSally and Kyrsten Sinema await results of a vote that could swing in either’s favor.

The tight race has left Republicans in jeopardy of losing a Senate seat in the state for the first time in 30 years.

Though McSally held a lead in early-vote totals, the tally flipped in Sinema’s favor Thursday night<https://www.azcentral.com/story/news/politics/arizona/2018/11/08/arizona-u-s-senate-race-martha-mcsally-kyrsten-sinema-updated-ballot-results/1931573002/>. Updated results Friday evening kept Sinema with a 20,000-plus advantage, but an estimated 360,000 ballots remain to be counted.

No group has brought forward allegations of specific criminal activity, although one Republican lawsuit addressed an equity issue over how early-ballot signatures are verified.

“Just out — in Arizona, SIGNATURES DON’T MATCH,” Trump posted on Twitter on Friday afternoon. “Electoral corruption — Call for a new Election? We must protect our Democracy!”
[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/1060993836984324096>

Just out — in Arizona, SIGNATURES DON’T MATCH. Electoral corruption - Call for a new Election? We must protect our Democracy!
<https://twitter.com/intent/like?tweet_id=1060993836984324096>
104K<https://twitter.com/intent/like?tweet_id=1060993836984324096>
12:33 PM - Nov 9, 2018<https://twitter.com/realDonaldTrump/status/1060993836984324096>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/realDonaldTrump/status/1060993836984324096>
62.9K people are talking about this<https://twitter.com/realDonaldTrump/status/1060993836984324096>

Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>

Earlier, Trump told reporters it was “interesting” that the extended vote-counting “always seems to go the way of the Democrats.”

“Now, in Arizona, all of a sudden, out of the wilderness, they find a lot of votes,” Trump said. “And she’s — the other candidate — is just winning by a hair.”

Andrew Kaczynski:<https://twitter.com/KFILE/status/1061070671466381312>
View image on Twitter<https://twitter.com/KFILE/status/1061070671466381312/photo/1>
[View image on Twitter]<https://twitter.com/KFILE/status/1061070671466381312/photo/1>
[https://pbs.twimg.com/profile_images/1058716045467279360/bvYLOh0T_bigger.jpg]<https://twitter.com/KFILE>
<https://twitter.com/KFILE>
andrew kaczynski<https://twitter.com/KFILE>
✔@KFILE<https://twitter.com/KFILE>

<https://twitter.com/KFILE/status/1061070671466381312>

Per Politico, the White House and RNC are upset that Martha McSally isn't pushing a conspiracy there's something "amiss" with the votes coming in in Arizona as she falls behind. https://www.politico.com/story/2018/11/09/sinema-mcsally-arizona-senate-race-982562 …<https://t.co/k5OVOEBMzl>
<https://twitter.com/intent/like?tweet_id=1061070671466381312>
1,242<https://twitter.com/intent/like?tweet_id=1061070671466381312>
5:38 PM - Nov 9, 2018<https://twitter.com/KFILE/status/1061070671466381312>
<https://twitter.com/KFILE/status/1061070671466381312>
1,156 people are talking about this<https://twitter.com/KFILE/status/1061070671466381312>

Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>

[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102108&title=%E2%80%9CTrump%2C%20Republicans%20call%20vote%20count%20into%20question%20amid%20tight%20McSally-Sinema%20race%20for%20Senate%E2%80%9D>
Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

Today’s Must-Read: Steve Huefner: “Counting Ballots Pursuant to Law is Not Stealing an Election”<https://electionlawblog.org/?p=102105>
Posted on November 9, 2018 7:01 pm<https://electionlawblog.org/?p=102105> by Rick Hasen<https://electionlawblog.org/?author=3>

Steve Huefner<https://moritzlaw.osu.edu/election-law/article/?article=13449> at Moritz:

It has been less than 72 hours since polls closed on the 2018 congressional midterm elections, and for candidates and their supporters who do not yet know the outcome of close contests, patience – not unsubstantiated or false allegations of election rigging – MUST be the order of the day.

As any close observer of U.S. elections knows, once the polls close each state then conducts a carefully structured process of tallying the votes. Critically, as any close observer also knows, the Election Night “results” are not only unofficial, they are also still entirely preliminary and will almost inevitably change, perhaps considerably. With the dramatic rise in the use of mail-in absentee voting over the past decade, election officials increasingly must deal after Election Day with a significant volume of paper ballots that have arrived around Election Day (each state sets its own rules for when the ballots must arrive). Meanwhile, provisional ballots also require individual review and processing after Election Day. These post-election processes are not some mere afterthought; rather, they are critical components of determining the official election outcome, and they must be respected as essential to the overall integrity of the election.

Although these processes occur as part of every election, they understandably do not attract much attention when the unofficial results reported on Election Night are not close. But for election officials, it is a routine part of their duties after every election to undertake the laborious and thoroughgoing canvassing processes now occurring everywhere, not just in states like Florida, Georgia, and Arizona (where some high-profile races are quite close or essentially even). In every election, these processes need to occur in ways that promote public trust, and election officials must be required to adhere to the law that governs these processes. (The American Law Institute has just published an extensive set of legal principles and related commentary<https://www.ali.org/publications/show/resolution-election-disputes/> designed to promote the fair resolution of disputed elections, developed after several years of collaborative work with a team of expert advisers, in which my Moritz colleague Ned Foley and I also participated as the project’s “Reporters.”) Correspondingly, candidates and the general public should be able to insist that election officials perform these duties properly.

Thus, it is beyond unseemly – indeed, it is downright destructive of public trust in our elections, and fundamentally inconsistent with the health of our representative democracy – for candidates to assert or imply that the reason that Election Night results have been changing in the past few days is because election officials have engaged in some sort of irregular or unlawful conduct to manipulate the results. For anyone who cares about democratic institutions, the responsible position is to let the counting proceed according to state law, and then if necessary to take advantage of recount, audit, and contest processes to ascertain whether any defects occurred in these processes.

We can revisit for future elections whether our system has come to rely too heavily on counting ballots days after Election Night. But that is a policy question for a later date, and all ballots cast in this year’s elections must be scrupulously counted according to the laws established for this year’s elections. Leaders of both parties, with the support of all concerned citizens, ought to condemn any effort to undermine this essential stage of the electoral process.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102105&title=Today%E2%80%99s%20Must-Read%3A%20Steve%20Huefner%3A%20%E2%80%9CCounting%20Ballots%20Pursuant%20to%20Law%20is%20Not%20Stealing%20an%20Election%E2%80%9D>
Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Did voting problems influence outcome in Georgia election?”<https://electionlawblog.org/?p=102101>
Posted on November 9, 2018 6:58 pm<https://electionlawblog.org/?p=102101> by Rick Hasen<https://electionlawblog.org/?author=3>

AJC<https://www.ajc.com/news/scattered-problems-emerge-georgia-voting/oQxJq2DOKu8o32pd0mvAxN/>:

Such irregularities appear to have occurred across Georgia in this week’s election for governor and other statewide offices, according to interviews by The Atlanta Journal-Constitution with voters, campaign operatives and election officials.

However, no evidence emerged of systematic malfeasance – or of enough tainted votes to force a runoff election between Republican Brian Kemp and Democrat Stacey Abrams.

The race remained too close to call Friday, three days after voting concluded. In unofficial returns, Kemp led with 50.3 percent of the vote.<https://politics.myajc.com/news/state--regional-govt--politics/results-precinct-2018-gubernatorial-election/bfLGO9ZDGMRz79YvTXPTXK/> He had just 13,000 votes to spare to win outright without a runoff.
As county and state election officials prepared to certify the results early next week, Abrams’ campaign spent Friday trying to ensure that provisional ballots cast by voters whose eligibility was questioned on Election Day are recorded. Voters filed into voter registration offices with evidence of their identities, their addresses, their citizenship or other details that could prove their eligibility.

Some were not successful.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102101&title=%E2%80%9CDid%20voting%20problems%20influence%20outcome%20in%20Georgia%20election%3F%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Trying to Brush Up on Florida Recount Statutes? The William & Mary eBenchBook Can Help<https://electionlawblog.org/?p=102099>
Posted on November 9, 2018 6:48 pm<https://electionlawblog.org/?p=102099> by Rick Hasen<https://electionlawblog.org/?author=3>

Here.<https://ebenchbook.wm.edu/florida/statutes/%C2%A7-0102-166-manual-recounts-of-overvotes-and-undervotes/>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102099&title=Trying%20to%20Brush%20Up%20on%20Florida%20Recount%20Statutes%3F%20The%20William%20%26%20Mary%20eBenchBook%20Can%20Help>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“US elections highly competitive, but voting rights not guaranteed for all groups, international observers say”<https://electionlawblog.org/?p=102097>
Posted on November 9, 2018 6:43 pm<https://electionlawblog.org/?p=102097> by Rick Hasen<https://electionlawblog.org/?author=3>

Release:<https://www.osce.org/odihr/elections/402383>

 The 6 November mid-term elections in the United States were highly competitive and contestants could campaign freely, with media presenting a wide array of information and views, enabling voters to make an informed choice. However, campaign rhetoric was often intensely negative and at times intolerant, including on social networks, the international observers from the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the OSCE Parliamentary Assembly (OSCE PA) concluded in a statement <https://www.osce.org/odihr/elections/usa/402401> released today.

The fundamental right to suffrage was undermined in places by the disenfranchisement of some groups and the lack of full representation in Congress. Campaign finance rules do not guarantee full transparency, the observers said. While the elections were largely administered in a professional manner and voters turned out in high numbers, decisions on important aspects of the electoral process were often politicized, the statement says.

“The American people once again demonstrated their commitment to democratic elections in a hard-fought and vibrant campaign that clearly engaged voters and had millions eagerly awaiting results last night,” said George Tsereteli, Special Co-ordinator and leader of the short-term OSCE observer mission. “While the rhetoric we heard from the campaign trail was often divisive, Americans came together to vote in professionally run elections.”

There was an overall respect for fundamental freedoms in a campaign that was dominated by the two main parties. The intolerant rhetoric included several statements with xenophobic and anti-Semitic connotations, the statement says. Concerns were raised regarding online disinformation from both domestic and foreign sources, as well as regarding the transparency of online advertising.

The legal framework and the administration of elections are complex and diverse. As there are few nationwide procedural standards, detailed rules are made only at the state and sub-state level. Some states have amended laws to facilitate voter registration, early voting and the voting rights of ex-prisoners, partially addressing prior ODIHR recommendations. However, fundamental deficiencies remain, particularly with respect to the disenfranchisement of citizens on various grounds, the observers said. Lack of agreement in Congress to update a key aspect of the 1965 Voting Rights Act diminishes its effectiveness in safeguarding against discrimination on racial or linguistic grounds.

Voter registration is active and implemented by states, with minimum conditions set by federal law. A number of states enhanced efforts to facilitate voter registration, including online and automatic registration, but an estimated 50 million eligible citizens were not registered for these elections, for various reasons. Legislation and established practices effectively disenfranchised around 11 million otherwise eligible voters, the statement says. Voter identification is a politically divisive issue, and rules in some states can present obstacles, particularly for low-income voters, racial and linguistic minorities, and Native Americans.

“These were well-run elections, but the diverse nature of the American system means that there isn’t a single picture. We welcome progress in some states to facilitate voter registration and to reinstate voting rights to citizens, but we cannot ignore that countless millions remain effectively disenfranchised,” said Isabel Santos, Head of the OSCE PA delegation. “Much more attention and investment in democracy remains critical if the United States is to overcome these longstanding challenges and address new ones, like effectively securing election infrastructure.”

The media landscape is pluralistic and vibrant, offering voters a wide range of opportunities to inform themselves, but is increasingly polarized. There is limited regulation and few rules for broadcast media during elections. Verbal attacks on journalists and news media by senior officials raised concerns over their safety and undermined the essential role of media in a democratic society….
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102097&title=%E2%80%9CUS%20elections%20highly%20competitive%2C%20but%20voting%20rights%20not%20guaranteed%20for%20all%20groups%2C%20international%20observers%20say%E2%80%9D>
Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Massive Amounts Were Spent by the Candidates and Independent Spenders in the Races That Determined the 2018 Midterms”<https://electionlawblog.org/?p=102095>
Posted on November 9, 2018 6:39 pm<https://electionlawblog.org/?p=102095> by Rick Hasen<https://electionlawblog.org/?author=3>

CFI report.<http://www.cfinst.org/Press/PReleases/18-11-09/MASSIVE_AMOUNTS_WERE_SPENT_BY_THE_CANDIDATES_AND_INDEPENDENT_SPENDERS_IN_THE_RACES_THAT_DECIDED_THE_2018_MIDTERMS.aspx>

[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102095&title=%E2%80%9CMassive%20Amounts%20Were%20Spent%20by%20the%20Candidates%20and%20Independent%20Spenders%20in%20the%20Races%20That%20Determined%20the%202018%20Midterms%E2%80%9D>
Posted in campaign finance<https://electionlawblog.org/?cat=10>

“Tuesday’s Verdict on Voter Suppression and Gerrymandering”<https://electionlawblog.org/?p=102093>
Posted on November 9, 2018 6:33 pm<https://electionlawblog.org/?p=102093> by Rick Hasen<https://electionlawblog.org/?author=3>

Miles Rapoport sees<http://prospect.org/article/tuesday%E2%80%99s-verdict-on-voter-suppression-and-gerrymandering> a glass half full.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102093&title=%E2%80%9CTuesday%E2%80%99s%20Verdict%20on%20Voter%20Suppression%20and%20Gerrymandering%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“NAACP Legal Defense Fund Files Complaint on Behalf of Alabama Students Denied Voting Rights in Tuesday’s Election”<https://electionlawblog.org/?p=102091>
Posted on November 9, 2018 6:20 pm<https://electionlawblog.org/?p=102091> by Rick Hasen<https://electionlawblog.org/?author=3>

Release via email:

The NAACP Legal Defense and Educational Fund, Inc. (LDF) today filed a complaint<http://email.prnewswire.com/wf/click?upn=OfuCa-2FZpPvCtGOkMAvC1kIlOvKayjfliEIyhDS5ybeuzgRhH3Sw2GJ9hMz16k-2BMPKb635cwjeeadaRiNJ4WGcdG0LcvVBngQihAco8t62W9zxZbxq40zKaHCFwNb88J64Qlq9C44Y5iC0Mx-2FYSPS26sqE8fPyxt-2FT0a3rM-2FAMP50ZFUTNOajw5b9fI7gccCPQK1kEjM0iPRvmOrvw98pMiYHjd6AMJZ8D79yt6agLajtQsXwkIIkKQ79KXiLEffsfVxas9sGzUqJhICSrgOBOA-3D-3D_MxsnV1nFJ0N6iaI6ROK3eERHn3LdCNHdSOXIWZIS7ekEoqe0xiUYCeWVdORMAMemooqwsdmRIpdxSnm4Lju-2BU3oY7GSaOWRdwSKJqe2W-2FPGgyPPn-2BCZbEBsilG4BedX7IzOj6NkgTGGtnsOV96XPGwzz6dfS5WLJLeb5aP5w8km1LlTh5ubh1T6TGkH13NrHSokU7Qx6hQR-2F4XoQXZH5lsKXFacsX9T2qsTbg5KknH8HzcnMnU5P0iWR2GBYWKUSZ-2FBL9zcP7VwGVp-2BdlkJGljXLNGfQ24x2LqPOuZVLMRwephAaX1V9M2-2BWPD-2FFqyMn> in federal court on behalf of four Black college students who were unlawfully denied their right to vote in Tuesday’s election in Alabama. The complaint is against Alabama Secretary of State John Merrill and election officials in Madison County, Alabama.

“Nothing is more fundamental than the right to vote, and these students, despite complying with all of Alabama’s regulations, were denied that right,” said LDF Senior Counsel Catherine Meza. “We are hopeful that the court will right this wrong and restore to our plaintiffs the voice to which they are entitled as American citizens.”

The plaintiffs, who are students at Alabama A&M University, had all registered before the election. But upon arriving at the polls on Tuesday, they were informed that they were not registered and had to fill out provisional ballots. The students had received no notice of any problems with their registrations, and the day after the election, the Alabama Secretary of State’s website listed the plaintiffs as registered to vote.

In a separate matter, LDF sent a letter<http://email.prnewswire.com/wf/click?upn=OfuCa-2FZpPvCtGOkMAvC1kIlOvKayjfliEIyhDS5ybeuzgRhH3Sw2GJ9hMz16k-2BMPKb635cwjeeadaRiNJ4WGcdG0LcvVBngQihAco8t62W9zxZbxq40zKaHCFwNb88J64Qlq9C44Y5iC0Mx-2FYSPS26sqE8fPyxt-2FT0a3rM-2FAMP50ZFUTNOajw5b9fI7gccCPQK1kEjM0iPRvmOrvw98pMiYHjd6AMJZ8D79yt6agLagTZMejjosMb47ADTj2eSVtiqgtWB0Aw4ydOAe9YUzwMg-3D-3D_MxsnV1nFJ0N6iaI6ROK3eERHn3LdCNHdSOXIWZIS7ekEoqe0xiUYCeWVdORMAMemooqwsdmRIpdxSnm4Lju-2BU3oY7GSaOWRdwSKJqe2W-2FPGgyPPn-2BCZbEBsilG4BedX7IzOj6NkgTGGtnsOV96XPGwzz6dfS5WLJLeb5aP5w8knL6FEzDE8RNVWV7gLT-2Bf2vnZjzGMGsI3iEYMDPkuq1AV3VKawyl3dR9RKSJ52tSfSfV84A6oRlE-2BAh0Xl1nP3ZF6-2BndW0RTr-2BlR-2Fh8OW6ocpd3aga-2FoWieAoCjLmZBlZIlzA5iw6GKKYs34Hi-2FnT5T> to Secretary of State Merrill on Election Day asking him to address reports of confusion at Alabama polling sites over how to process the votes of voters listed as “inactive.” Under Alabama law, such voters are entitled to cast a regular ballot as long as they fill out an updated registration form, but many voters were denied those forms and were made to fill out provisional ballots.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102091&title=%E2%80%9CNAACP%20Legal%20Defense%20Fund%20Files%20Complaint%20on%20Behalf%20of%20Alabama%20Students%20Denied%20Voting%20Rights%20in%20Tuesday%E2%80%99s%20Election%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“The Fight For Voting in Florida Isn’t Over; Now we need to make sure the newly enfranchised exercise their right to vote”<https://electionlawblog.org/?p=102089>
Posted on November 9, 2018 6:16 pm<https://electionlawblog.org/?p=102089> by Rick Hasen<https://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy<https://www.brennancenter.org/blog/fight-voting-florida-isnt-over> for the Brennan Center.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102089&title=%E2%80%9CThe%20Fight%20For%20Voting%20in%20Florida%20Isn%E2%80%99t%20Over%3B%20Now%20we%20need%20to%20make%20sure%20the%20newly%20enfranchised%20exercise%20their%20right%20to%20vote%E2%80%9D>
Posted in felon voting<https://electionlawblog.org/?cat=66>

“California’s not goofy, it’s really big. That’s why counting the vote takes so long”<https://electionlawblog.org/?p=102085>
Posted on November 9, 2018 6:13 pm<https://electionlawblog.org/?p=102085> by Rick Hasen<https://electionlawblog.org/?author=3>

Mark Barabak<http://www.latimes.com/politics/la-me-pol-midterm-california-ballots-20181109-story.html> for the LAT.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102085&title=%E2%80%9CCalifornia%E2%80%99s%20not%20goofy%2C%20it%E2%80%99s%20really%20big.%20That%E2%80%99s%20why%20counting%20the%20vote%20takes%20so%20long%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Today’s Reading: Chapter 102 of Florida Elections Code<https://electionlawblog.org/?p=102083>
Posted on November 9, 2018 6:02 am<https://electionlawblog.org/?p=102083> by Rick Hasen<https://electionlawblog.org/?author=3>

Title IX<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=IX#TitleIX>
ELECTORS AND ELECTIONS

Chapter 102<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0102/0102ContentsIndex.html>
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

View Entire Chapter<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0102/0102.html>

CHAPTER 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS
102.012<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.012.html>
Inspectors and clerks to conduct elections.
102.014<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.014.html>
Poll worker recruitment and training.
102.021<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.021.html>
Compensation of inspectors, clerks, and deputy sheriffs.
102.031<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.031.html>
Maintenance of good order at polls; authorities; persons allowed in polling rooms and early voting areas; unlawful solicitation of voters.
102.071<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.071.html>
Tabulation of votes and proclamation of results.
102.091<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.091.html>
Duty of sheriff to watch for violations; appointment of special officers.
102.101<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.101.html>
Sheriff and other officers not allowed in polling place.
102.111<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.111.html>
Elections Canvassing Commission.
102.112<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.112.html>
Deadline for submission of county returns to the Department of State.
102.121<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.121.html>
Elections Canvassing Commission to issue certificates.
102.131<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.131.html>
Returns before canvassing commission.
102.141<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.141.html>
County canvassing board; duties.
102.151<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.151.html>
County canvassing board to issue certificates; supervisor to give notice to Department of State.
102.155<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.155.html>
Certificate of election.
102.166<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.166.html>
Manual recounts of overvotes and undervotes.
102.168<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.168.html>
Contest of election.
102.1682<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.1682.html>
Judgment of ouster; revocation of commission; judgment setting aside referendum.
102.1685<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.1685.html>
Venue.
102.169<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.169.html>
Quo warranto not abridged.
102.171<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.171.html>
Contest of election to Legislature.

[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102083&title=Today%E2%80%99s%20Reading%3A%20%20Chapter%20102%20of%20Florida%20Elections%20Code>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

--
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/>
[signature_1508015469]

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181110/38022297/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2973 bytes
Desc: image001.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181110/38022297/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 21970 bytes
Desc: image002.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181110/38022297/attachment-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 2021 bytes
Desc: image003.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181110/38022297/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 2973 bytes
Desc: image004.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181110/38022297/attachment-0002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 222395 bytes
Desc: image005.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181110/38022297/attachment-0003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 3151 bytes
Desc: image006.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181110/38022297/attachment-0004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 92163 bytes
Desc: image007.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20181110/38022297/attachment-0001.png>