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

Rick Hasen rhasen at law.uci.edu
Sun Nov 11 13:52:49 PST 2018


Dueling Lawsuits in Florida Senate Count/Recount Disputes<https://electionlawblog.org/?p=102159>
Posted on November 11, 2018 1:50 pm<https://electionlawblog.org/?p=102159> by Rick Hasen<https://electionlawblog.org/?author=3>

Ernest Canning<http://bradblog.com/?p=12784>:

On Thursday, Florida Democrats filed a federal lawsuit<https://www.politico.com/states/f/?id=00000166-f917-def8-a56f-f9d7fc8a0000> in which they alleged that the Sunshine State’s, county-by-county, subjective signature match procedures for rejecting vote-by-mail (VBM) and provisional ballots are arbitrary, lacking in standards, and, over several election cycles, inconsistently applied so as to have a disparate impact on minority and young voters. This, the complaint alleges, deprives those voters of Equal Protection under the law as mandated by the 14th Amendment to the U.S. Constitution.

The federal court has issued this scheduling order<https://rickscottforflorida.com/wp-content/uploads/2018/11/First-Hinkle-Order.pdf?utm_source=Iterable&utm_medium=email&utm_campaign=Press_Outreach>.

Meanwhile, per Sam Levine<https://twitter.com/srl/status/1061722133473181698>, “Rick Scott’s campaign asks Florida court to prevent Broward County from including any ballots counted after Saturday at noon in official tally.” Here’s the new complaint<https://rickscottforflorida.com/wp-content/uploads/2018/11/Complaint_A.pdf?utm_source=Iterable&utm_medium=email&utm_campaign=Press_Outreach>, filed in state court.

And another lawsuit<https://rickscottforflorida.com/wp-content/uploads/2018/11/11.11_Complaints.pdf?utm_source=Iterable&utm_medium=email&utm_campaign=Press_Outreach> by Scott to preserve and impound election records in Broward.

Truly, Florida has become the next Florida. More soon.
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Posted in election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>


“The nation is watching Broward’s election chief. Here’s some troubling history”<https://electionlawblog.org/?p=102157>
Posted on November 11, 2018 1:43 pm<https://electionlawblog.org/?p=102157> by Rick Hasen<https://electionlawblog.org/?author=3>

Miami Herald with a long and troubled history:<https://www.miamiherald.com/news/local/community/broward/article221503400.html>

Over the past several weeks and months, you have seen stories about problems with Broward ballots.

Like this one:

Machine glitches delay the start of ballot recount in Broward County by hours<https://www.miamiherald.com/news/local/community/broward/article221501750.html#storylink=readmore_inline>

And this one:
Broward elections office included 22 void ballots in its final total sent to state<https://www.miamiherald.com/news/politics-government/election/article221478875.html#storylink=readmore_inline>



Whoops! Brenda Snipes’ office mixed bad provisional ballots with good ones<https://www.miamiherald.com/news/local/community/broward/article221452655.html#storylink=readmore_inline>

And this.

Judge’s ruling that ballots were illegally destroyed continues Broward election woes<https://www.miamiherald.com/news/local/community/broward/article211080274.html#storylink=readmore_inline>

And summed up recently here:

Behind the curtain of the most controversial elections department in South Florida<https://www.miamiherald.com/news/local/community/broward/article220841135.html#storylink=readmore_inline>

With South Florida again in the national eye on races too close to call and troubles in counting and re-counting votes, so, too is the supervisor of elections.

Broward Supervisor Brenda Snipes took office 15 years ago after the governor suspended her predecessor, Miriam Oliphant.

Here is a look back at how she rose to office and the troubled history of the office.


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Posted in election administration<https://electionlawblog.org/?cat=18>


“Florida counties race to recount votes by Thursday deadline”<https://electionlawblog.org/?p=102155>
Posted on November 11, 2018 1:38 pm<https://electionlawblog.org/?p=102155> by Rick Hasen<https://electionlawblog.org/?author=3>

Miami Herald:<https://www.miamiherald.com/news/politics-government/election/article221501220.html>

Florida Secretary of State Ken Detzner was aware of recount issues that surfaced in Broward County on Sunday, but said through a spokeswoman that the issues were resolved.

The county had an issue during the logic and accuracy testing, spokeswoman Sarah Revell, but the recount is now underway. Logic and accuracy testing is required so that any potential issues can be corrected before a recount begins.

On Saturday, the razor-thin margins in the races of U.S. Senate, agriculture commissioner and the governor’s race caused Detzner to order mandatory machine recounts in all three statewide races after all counties submitted their unofficial results by noon.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Ghosts of 2000 haunt Florida recount; Democrat Andrew Gillum withdraws his concession in the governor’s race”<https://electionlawblog.org/?p=102153>
Posted on November 11, 2018 1:35 pm<https://electionlawblog.org/?p=102153> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/states/florida/story/2018/11/10/florida-officially-begins-machine-recount-in-three-statewide-races-8907663>

The ghosts of Florida’s botched and aborted 2000 presidential election haunted the state Saturday as officials formally called for three automatic recounts to decide the next U.S. senator, governor and agriculture commissioner. Recounts were also ordered in three legislative races.

Expected since Election Day, the recounts herald a new and bitter partisan chapter in the political history of Florida — which became the ultimate but dysfunctional swing state 18 years ago when it decided the presidency by 537 votes — as Republicans leveled unfounded charges of voter fraud while Democrats revived their decades-old chant to count every vote.

Once again, a losing candidate withdrew his concession. And again South Florida elections supervisors find themselves under the national spotlight’s glare as they slowly tally votes and face credible accusations of mismanagement — with Broward County including 22 “illegal” ballots that should not have been counted and a judge rebuking Palm Beach County over the way it duplicated at least 650 ballots that were damaged when the originals were destroyed.

Democratic gubernatorial candidate Andrew Gillum on Saturday rescinded his concession to Republican Ron DeSantis in that contest.
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Posted in Bush v. Gore reflections<https://electionlawblog.org/?cat=5>


“Evaluating the Seattle Democracy Voucher Experiment”<https://electionlawblog.org/?p=102151>
Posted on November 11, 2018 1:32 pm<https://electionlawblog.org/?p=102151> by Rick Hasen<https://electionlawblog.org/?author=3>

Jen Heerwig for Sludge<https://readsludge.com/2018/11/10/evaluating-the-seattle-democracy-voucher-experiment%EF%BB%BF/>, with the subhead: “A 2017 program showed ‘democracy vouchers’ for Seattle elections doubled the amount of users over traditional cash donors, and that participants were more representative of the city’s population in terms of income, race, and age.”
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Posted in campaign finance<https://electionlawblog.org/?cat=10>


“GOP sidesteps ‘cooking the books’ claim in Martha McSally and Kyrsten Sinema Senate race”<https://electionlawblog.org/?p=102149>
Posted on November 11, 2018 1:29 pm<https://electionlawblog.org/?p=102149> by Rick Hasen<https://electionlawblog.org/?author=3>

Arizona Republic:<https://www.azcentral.com/story/news/politics/elections/2018/11/11/martha-mcsally-kyrsten-sinema-senate-race-ballot-counting-results/1967206002/>

A top national Republican on Sunday sidestepped his group’s assertion that the top Maricopa County election official is “cooking the books” for Democrat Kyrsten Sinema in Arizona’s still-unresolved U.S. Senate race.

Sen. Cory Gardner, R-Colorado, the National Republican Senatorial Committee chairman, made the comments on CNN’s “State of the Union,” and NBC’s “Meet the Press” ahead of another pivotal day in the Arizona race’s tabulation.

Gardner offered no evidence for the NRSC’s book-cooking assertion on the political shows.

“I think what we’ve seen in Arizona is the attempt to make sure like in Florida that we’re treating everybody equally under the law,” Gardner said. “There had been concern that in Maricopa, a process was being used to determine signatures or validations of ballots that differed from other parts … of the state.”

Gardner said legally-cast votes should be treated the same, regardless of differing practices across the counties.

“But where’s the evidence that anybody was cooking the books,” asked CNN host Jake Tapper.

“Well, we had evidence that people were treating ballots differently,” Gardner responded….

Sinema leads Republican candidate Martha McSally<https://www.azcentral.com/story/news/politics/arizona/2018/11/10/arizona-election-senate-ballots-counting-kyrsten-sinema-martha-mcsally-update/1956622002/> by more than 29,000 votes. Elections officials are scheduled to update the tally at 5 p.m. Sunday.

More than 260,000 votes remain to be counted statewide<https://www.azcentral.com/story/news/politics/elections/2018/11/09/how-many-votes-left-count-mcsally-sinema-race/1948889002/>, according to an Arizona Republic estimate of ballots outstanding as of 6 p.m. Saturday.

McSally remains confident she will gain on Sinema with the tabulation of early ballots dropped off at polling locations on Election Day. Those numbers could be reflected in Sunday’s tally.

As Sinema’s lead has grown, GOP officials nationally have suggested that Maricopa County Recorder Adrian Fontes, a Democrat, was “cooking the books” for Sinema. That accusation comes as the GOP has suggested outright fraud in Florida in close-elections there.

Last week, Republicans mounted a legal challenge<https://www.azcentral.com/story/news/politics/elections/2018/11/08/court-hears-republican-lawsuit-over-ballots-senate-seat-line/1931668002/> centered on a procedural lack of consistency in the time frame county recorders allow voters to correct signature issues on mail-in ballots. Under a settlement struck Friday, all of Arizona’s counties will allow voters to verify the signatures on their ballots through 5 p.m. on Nov. 14.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Georgia Election: Kemp’s lead over Abrams tightens in newest count”<https://electionlawblog.org/?p=102146>
Posted on November 11, 2018 1:25 pm<https://electionlawblog.org/?p=102146> by Rick Hasen<https://electionlawblog.org/?author=3>

AJC:<https://www.ajc.com/blog/politics/georgia-election-weekend-clash-over-how-many-gov-votes-are-still-uncounted/dUpaJi6Yw9NXH8NxXcovbM/>

The unsettled race for Georgia governor tightened over the weekend as Democrat Stacey Abrams prepared litigation aimed at counting a trove of pending votes, while Republican Brian Kemp’s campaign said her refusal to concede was “a disgrace to democracy.”

The clash heightened as a 5,500 of provisional and mail-in ballots were reported that showed Kemp’s lead over Abrams shrinking slightly to about 59,000 votes. Some came from counties that days earlier reported all votes had been tallied.
The newly-reported votes overwhelmingly tilted to Abrams and triggered a wave of celebration for Abrams supporters. But she still needs to net about 22,00 [sic] votes to force a Dec. 4 runoff, and there aren’t many votes that have yet to be reported.

It’s unclear, however, just how many votes are still outstanding. Kemp’s campaign said there are so few remaining that it’s mathematically impossible for Abrams to win, but the Democrat said there’s a larger cache of votes still unreported.
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Posted in election administration<https://electionlawblog.org/?cat=18>


Indiana: “Porter County voting results released 3 days after election; officials call for clerk’s resignation”<https://electionlawblog.org/?p=102144>
Posted on November 11, 2018 1:20 pm<https://electionlawblog.org/?p=102144> by Rick Hasen<https://electionlawblog.org/?author=3>

Chicago Tribune<https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-porter-county-election-results-st-1110-story.html>:

In light of a lengthy list of election woes for Porter County’s midterm election, including a preliminary tally of results that wasn’t complete until Friday, the Porter County Board of Commissioners and two members of the County Council are asking for the immediate resignation of Clerk Karen Martin.

Commissioners made their request after election board officials announced the results were online during a sometimes heated news conference….

Election Day in Porter County was rife with problems, including delayed election results, 12 precincts that stayed open later than planned because they did not open on time, and absentee ballots not being distributed to precincts to be counted by the time the polls closed.

In early March, the election board voted 2-1 along party lines to give election duties to the clerk’s office after Kathy Kozuszek, the Democratic director in the county’s voter registration office, sent a letter to some election board and party officials stating she would no longer handle elections because doing so ran afoul of state statute.
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Posted in election administration<https://electionlawblog.org/?cat=18>


“Miriam Adelson gave the GOP millions. Trump is giving her the Medal of Freedom.”<https://electionlawblog.org/?p=102142>
Posted on November 11, 2018 1:06 pm<https://electionlawblog.org/?p=102142> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/politics/2018/11/10/elvis-hatch-babe-ruth-scalia-among-trumps-medal-freedom-recipients/?utm_term=.aada6546b8ee>

In its news release, the White House cited Adelson’s research in narcotic addiction, her founding of two centers to fight substance abuse and her support of Jewish organizations. The release does not mention that the Adelsons also contributed at least $87 million to GOP candidates in the 2018 midterms<https://www.washingtonpost.com/politics/mega-donors-sheldon-and-miriam-adelson-donate-32-million-in-september-to-boost-republicans/2018/10/15/74c339a0-d0ec-11e8-b2d2-f397227b43f0_story.html?utm_term=.a29c8984a9a4>. This included $25 million given to the Senate Leadership Fund, a Super PAC aimed at supporting and electing GOP candidates into the House of Representatives.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>


“An Open-and-Shut Violation of Campaign-Finance Law”<https://electionlawblog.org/?p=102140>
Posted on November 11, 2018 1:04 pm<https://electionlawblog.org/?p=102140> by Rick Hasen<https://electionlawblog.org/?author=3>

Bob Bauer<https://www.theatlantic.com/ideas/archive/2018/11/did-trumps-deal-ami-break-campaign-finance-laws/575569/> for The Atlantic:

It is a strange turn of events when a president famous for denouncing “fake news” is discovered to have entered into an agreement with a media organization to finance the concealment of very real but politically unfavorable newsworthy information. The Wall Street Journal reports<https://www.wsj.com/articles/donald-trump-played-central-role-in-hush-payoffs-to-stormy-daniels-and-karen-mcdougal-1541786601> that Donald Trump entered into an explicit agreement with the chairman of American Media (AMI), David Pecker, to help his campaign by buying off women who claimed to have had affairs with Trump. AMI came through: It paid Karen McDougal $150,000 to “catch and kill” her account of an affair with Trump. She did not know at the time that the background agreement between AMI and Trump existed, but was instead told that in addition to compensation for the exclusive rights to her story and an option for columns on fitness and health, she would be the featured model on two magazine covers.
The deal that Trump reached and executed with AMI violates federal campaign-finance laws. AMI made an illegal corporate in-kind contribution to the Trump campaign, and the campaign and Trump share in the liability by accepting this illegal support. As open-and-shut cases go, this one is high on the list. But this is only part of what makes this a remarkable episode in the history of presidential-campaign lawbreaking.
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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>


“Rick Scott’s monitors agree with state cops: No Florida voter fraud”<https://electionlawblog.org/?p=102138>
Posted on November 11, 2018 12:58 pm<https://electionlawblog.org/?p=102138> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/states/florida/story/2018/11/10/scotts-own-monitors-agree-with-law-enforcement-no-signs-of-florida-voter-fraud-691112>

Gov. Rick Scott asked state law enforcement to investigate Broward County election officials because of potential “rampant [voter] fraud,” even though monitors from his own administration say they have seen none in that county.

“Our staff has seen no evidence of criminal activity at this time,” Department of State spokeswoman Sarah Revell wrote in an email on Saturday. Scott is the state’s current governor and the Republican candidate for U.S. Senate with a narrow lead over incumbent Sen. Bill Nelson<https://cd.politicopro.com/member/51221> (D-Fla.)

That assessment, which was first reported by the Miami Herald, jives with that given by the Florida Department of Law Enforcement, which said Friday it has also seen no allegations of fraud.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“The increasing evidence suggesting Trump violated campaign-finance law”<https://electionlawblog.org/?p=102136>
Posted on November 11, 2018 12:55 pm<https://electionlawblog.org/?p=102136> by Rick Hasen<https://electionlawblog.org/?author=3>

Philip Bump<https://www.washingtonpost.com/politics/2018/11/09/evidence-trumps-involvement-campaign-finance-violation-just-got-stronger/?utm_term=.91ffe9b0ed9b> for WaPo.
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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>


Rick Scott, Without Evidence, Accuses Bill Nelson of “Committing Fraud”<https://electionlawblog.org/?p=102134>
Posted on November 11, 2018 12:48 pm<https://electionlawblog.org/?p=102134> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/story/2018/11/11/florida-senate-scott-nelson-fraud-982952>

Florida Gov. Rick Scott said Sunday that he’s won his closely contested Senate race against Democratic Sen. Bill Nelson and that his opponent is “committing fraud” in an effort to steal the race from him and is a “sore loser.”

“Sen. Nelson is trying to commit fraud to win this election,” Scott told host Chris Wallace on “Fox News Sunday.”

Florida’s Senate race is one of three statewide contests headed to an automatic recount, after the unofficial deadline for counties to report results passed at noon Saturday. Scott’s lead over Nelson has narrowed since election night. Before the recount was ordered, he remained in front by just over 12,000 votes as Democrat-rich counties like Broward County continued to report additional numbers.

Scott repeated his allegations Sunday, without evidence, that fraud is behind the increase in votes for Nelson; both Scott and President Donald Trump have accused Democrats of trying to “steal” the election.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


Joan Biskupic: Justice Kavanaugh Laying Low (So Far)<https://electionlawblog.org/?p=102132>
Posted on November 11, 2018 12:44 pm<https://electionlawblog.org/?p=102132> by Rick Hasen<https://electionlawblog.org/?author=3>

Interesting read.<https://www.cnn.com/2018/11/10/politics/brett-kavanaugh-justice-supreme-court-first-month/index.html>
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Posted in Supreme Court<https://electionlawblog.org/?cat=29>


“H.R. 1: First Item on the Agenda? Improving the 2020 Election.”<https://electionlawblog.org/?p=102130>
Posted on November 11, 2018 12:37 pm<https://electionlawblog.org/?p=102130> by Rick Hasen<https://electionlawblog.org/?author=3>

H.R. 1: First Item on the Agenda? Improving the 2020 Election.<https://moderndemocracyblog.com/2018/11/11/h-r-1-first-item-on-the-agenda-improving-the-2020-election/>
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Posted in election administration<https://electionlawblog.org/?cat=18>


“Even with some very close races left to decide in California, a recount of ballots is rare”<https://electionlawblog.org/?p=102128>
Posted on November 11, 2018 12:27 pm<https://electionlawblog.org/?p=102128> by Rick Hasen<https://electionlawblog.org/?author=3>

John Myers<http://www.latimes.com/politics/la-pol-ca-road-map-recount-rules-california-20181111-story.html> for the LAT:

No state in the nation had as many voters show up for last week’s midterm elections as California. Preliminary data show that about 12 million ballots were cast — some coming in races that produced razor-thin outcomes, the kind that fuel talk about a recount in other states.

But not in California.

Here, a formal do-over of the tallying is exceedingly rare. A review of election records and news archives finds perhaps only about a half-dozen formal recount efforts in legislative, congressional or statewide contests since 1980.
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Posted in recounts<https://electionlawblog.org/?cat=50>


“Boards Tighten Grip on Political Spending”<https://electionlawblog.org/?p=102126>
Posted on November 11, 2018 12:25 pm<https://electionlawblog.org/?p=102126> by Rick Hasen<https://electionlawblog.org/?author=3>

Financial Times’s “Agenda” report.<http://files.politicalaccountability.net/news/in-the-news/Agenda_-_Boards_Tighten_Grip_on_Political_Spending_-_11-09-18.pdf>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>


NYT Editorial Endorses Ranked Choice Voting for Congressional Districts<https://electionlawblog.org/?p=102124>
Posted on November 11, 2018 12:21 pm<https://electionlawblog.org/?p=102124> by Rick Hasen<https://electionlawblog.org/?author=3>

This idea<https://www.nytimes.com/interactive/2018/11/10/opinion/house-representatives-size-multi-member.html> seems to be gaining some traction in a way that it hasn’t before.
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Posted in alternative voting systems<https://electionlawblog.org/?cat=63>, redistricting<https://electionlawblog.org/?cat=6>


“A Mysterious ‘Undervote’ Could End Up Settling the Florida Senate Race”<https://electionlawblog.org/?p=102122>
Posted on November 10, 2018 2:55 pm<https://electionlawblog.org/?p=102122> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT’s The Upshot<https://www.nytimes.com/2018/11/09/upshot/florida-senate-race-broward-undercount.html>:

The vote count in Florida’s Senate race keeps getting tighter. Gov. Rick Scott’s lead over the Democratic incumbent, Bill Nelson, is down to 15,000 votes, and it’s likely to narrow further as provisional and late overseas ballots are counted<https://www.nytimes.com/2018/11/09/us/florida-ballots-recount-scott-nelson-gillum-desantis.html?module=inline>.

As the initial count concludes, one issue will loom over the result: a substantial undervote in Broward County, the state’s most Democratic county, and the possibility that the ballot design, which might have made it harder to find the Senate choice, will ultimately cost the Democrats a Senate seat.
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Posted in election administration<https://electionlawblog.org/?cat=18>


“Fargo to become first city in U.S. to use approval voting”<https://electionlawblog.org/?p=102119>
Posted on November 10, 2018 2:49 pm<https://electionlawblog.org/?p=102119> by Rick Hasen<https://electionlawblog.org/?author=3>

KFGO reports.<https://kfgo.com/news/articles/2018/nov/07/fargo-to-become-first-city-in-us-to-use-approval-voting/?fbclid=IwAR3LL1g9E6JoUf0gHhgpHm2ztBqyZJ5Ustvoqnb8oPuN8yMGo6pjyN0S5-s>


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Posted in alternative voting systems<https://electionlawblog.org/?cat=63>


“Why the restoration of felons’ voting rights in Florida is a big deal”<https://electionlawblog.org/?p=102117>
Posted on November 10, 2018 2:47 pm<https://electionlawblog.org/?p=102117> by Rick Hasen<https://electionlawblog.org/?author=3>

Steve Mazie<https://www.economist.com/democracy-in-america/2018/11/09/why-the-restoration-of-felons-voting-rights-in-florida-is-a-big-deal> for The Economist.
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Posted in felon voting<https://electionlawblog.org/?cat=66>


--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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