[EL] ELB News and Commentary 12/13/18

Mon Nov 12 21:11:51 PST 2018

The most chilling thing about the story is that its sources are "Republican
lawyers, strategists and advisers involved in the effort" who  voluntarily
-- pridefully, it appears -- "described" to the *Times *their despicable
efforts to sow doubts about election integrity without regard to whether
there's any evidentiary basis for it.  I'd say we've hit rock bottom,
except that by now of course we've learned there's no such thing.

On Mon, Nov 12, 2018 at 11:43 PM, Rick Hasen <rhasen at law.uci.edu> wrote:

> Headlines from 2000 Dep’t: “Inside the Republican Strategy to Discredit
> the Florida Recount” <https://electionlawblog.org/?p=102191>
>
> Posted on November 12, 2018 8:41 pm
> <https://electionlawblog.org/?p=102191> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> NYT:
> <https://www.nytimes.com/2018/11/12/us/politics/republicans-florida-recount.html>
>
> *The concerted effort by Republicans in Washington and Florida to
> discredit the state’s recount as illegitimate and potentially rife with
> fraud reflects a cold political calculation: Treat the recount as the next
> phase of a campaign to secure the party’s majority and agenda in the
> Senate.*
>
> *That imperative — described by Republican lawyers, strategists and
> advisers involved in the effort — reflects the G.O.P.’s determination to
> tighten its hold on power in the narrowly divided Senate. The outcome of
> the Florida race will decide whether the party controls as many as 53 seats
> and has a freer hand to confirm Republican-backed judges with the vote of
> the man at the center of the recount, Gov. Rick Scott, who is trying to
> oust a three-term Democrat, Bill Nelson.*
>
> *With the Democrats capturing a Republican-held Senate seat in Arizona on
> Monday night, the recount fight in Florida becomes even more consequential.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102191&title=Headlines%20from%202000%20Dep%E2%80%99t%3A%20%E2%80%9CInside%20the%20Republican%20Strategy%20to%20Discredit%20the%20Florida%20Recount%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
>
>
> Breaking: Federal Court, Citing Evidence of Vulnerabilities of Georgia
> Voter Registration Database, Issues TRO Giving Some Voters Casting
> Provisional Ballots Chance to Have Vote Counted Before Kemp-Abrams Race
> Results Certified <https://electionlawblog.org/?p=102189>
>
> Posted on November 12, 2018 8:12 pm
> <https://electionlawblog.org/?p=102189> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> You can find the 56 page opinion in Common Cause v. Kemp at this link.
> From the order:
> <https://www.brennancenter.org/sites/default/files/legal-work/2018-11-12%20Order%20Granting%20TRO.pdf>
>
> *Plaintiff Common Cause Georgia filed this action against the Georgia
> Secretary of State1 seeking emergency injunctive relief to ensure that
> provisional ballots cast by eligible registered voters in the 2018 general
> election are properly counted. According to Plaintiff’s Complaint,
> information in the State’s voter registration server, used at the polls to
> determine whether voters are eligible to vote, is vulnerable to multiple
> security breaches and exploitable by manipulation of voter data. Plaintiff
> alleges that Brian Kemp, as Secretary of State, failed to maintain the
> security of voter information despite known vulnerabilities leading up to
> the 2018 election. Plaintiff further alleges that the Secretary’s knowing
> maintenance of an unsecure, unreliable voter registration database
> increased the risk that eligible voters have been and will be unlawfully
> removed from the State’s voter registration database or will have their
> voter registration information unlawfully manipulated or mismanaged in a
> manner that prevents them from casting a regular ballot.*
>
> *Under the State’s existing provisional ballot scheme, a voter whose name
> is not found on the voter registration list may only vote by casting a
> provisional ballot, and such ballot will not be counted if the voter’s
> eligibility cannot be verified because the voter’s name is not found on the
> voter registration list maintained by the Secretary of State. As a result
> of the Secretary’s actions, Plaintiff alleges that eligible voters who have
> taken the required steps to register and maintain their registrations may –
> through no fault of their own – arrive at the polls and not be permitted to
> cast a regular ballot and therefore suffer disenfranchisement from the
> voting process. Plaintiff seeks an injunction on the basis that the State’s
> existing provisional balloting scheme: (1) infringes upon the fundamental
> right to vote and imposes an undue burden on eligible voters in violation
> of the due process clause of the Fourteenth Amendment; and (2) violates the
> Help America Vote Act (“HAVA”) requiring the State to count provisional
> ballots if voters are eligible to vote.*
>
> *However, Plaintiff seeks this relief if there is a statistically
> significant increase2 in the percentage of the provisional ballots cast,
> relative to the total number of votes in the 2018 elections as compared to
> prior elections. Currently pending before the Court is Plaintiff’s Motion
> for Temporary Restraining Order and Expedited Discovery [Doc. 15] filed the
> day after the general election on November 7, 2018.3 In the motion,
> Plaintiff requests that the Court enter a temporary restraining order
> (“TRO”) enjoining the rejection of any provisional ballots cast during the
> 2018 general election on the basis that the voter’s name was not found on
> the voter registration list, pending a decision on the permanent relief
> requested in this case. In the hearing, Plaintiff clarified that the TRO
> request seeks very limited relief for an order preventing the final
> rejection of provisional ballots for the narrow class of persons whose
> information was not shown in the State’s registration database during the
> State’s two-week election certification timetable provided in O.C.G.A. §
> 21-2-499(b).*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102189&title=Breaking%3A%20Federal%20Court%2C%20Citing%20Evidence%20of%20Vulnerabilities%20of%20Georgia%20Voter%20Registration%20Database%2C%20Issues%20TRO%20Giving%20Some%20Voters%20Casting%20Provisional%20Ballots%20Chance%20to%20Have%20Vote%20Counted%20Before%20Kemp-Abrams%20Race%20Results%20Certified>
>
> Posted in provisional ballots <https://electionlawblog.org/?cat=67>
>
>
>
>
> “Republicans Are Casting Doubt On Normal Election Processes For The Sake
> Of Winning” <https://electionlawblog.org/?p=102187>
>
> Posted on November 12, 2018 7:31 pm
> <https://electionlawblog.org/?p=102187> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> HuffPost reports.
> <https://www.huffingtonpost.com/entry/florida-recount-voter-fraud_us_5bea0432e4b044bbb1a7927c>
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102187&title=%E2%80%9CRepublicans%20Are%20Casting%20Doubt%20On%20Normal%20Election%20Processes%20For%20The%20Sake%20Of%20Winning%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
>
>
> Chuck Lane: “Voters took on gerrymandering. The Supreme Court doesn’t need
> to.” <https://electionlawblog.org/?p=102184>
>
> Posted on November 12, 2018 7:28 pm
> <https://electionlawblog.org/?p=102184> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> Charles Lane WaPo column.
> <https://www.washingtonpost.com/opinions/the-republican-house-majority-wasnt-the-only-thing-swept-to-sea-in-the-midterms/2018/11/12/58e1d6c6-e693-11e8-b8dc-66cca409c180_story.html?utm_term=.19feab43c0d8>
>
> Even though I’ve been ambivalent about whether courts should intervene to
> stop gerrymanders on federal constitutional grounds, I find very
> unpersuasive the argument that a wave election shows that federal
> intervention is unnecessary.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102184&title=Chuck%20Lane%3A%20%E2%80%9CVoters%20took%20on%20gerrymandering.%20The%20Supreme%20Court%20doesn%E2%80%99t%20need%20to.%E2%80%9D>
>
> Posted in redistricting <https://electionlawblog.org/?cat=6>
>
>
>
>
> “Republican Gov. Rick Scott Was Just Sued Over His Role In The Florida
> Recount” <https://electionlawblog.org/?p=102182>
>
> Posted on November 12, 2018 4:36 pm
> <https://electionlawblog.org/?p=102182> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> BuzzFeed:
> <https://www.buzzfeednews.com/article/dominicholden/rick-scott-lawsuit-recount>
>
> *Republican Gov. Rick Scott has filed at least five lawsuits since
> Thursday against county election officials and instructed state police to
> investigate them for “fraud.” But on Monday, a group of Florida voters and
> organizations filed their own lawsuit
> <https://www.documentcloud.org/documents/5081024-1-Complaint.html> that
> alleges Scott has illegally abused his power as governor to swing the
> outcome of his own high-profile race for US senator, wielding the threat of
> a crackdown and controlling state government in order to stop legal votes
> from being counted.*
>
> *Scott’s tiny lead has shrunk in the Senate race against incumbent
> Democratic Sen. Bill Nelson as late votes were tallied last week in urban,
> left-leaning counties around Miami, causing Republicans to panic and accuse
> Democrats of trying to “steal” the election. Officials up and down Florida
> started a machine recount of the midterm vote Saturday, as mandated by law
> when the margins whittle below 0.5%, yet Scott has stood outside the
> governor’s mansion to decry Democrats and local officials.*
>
> And Ian Bassin has written We’re Suing the Florida Governor. He Should
> Not Oversee His Own Election
> <https://www.nytimes.com/2018/11/12/opinion/florida-rick-scott-georgia-election-results.html>,
> an NYT oped.
>
>
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102182&title=%E2%80%9CRepublican%20Gov.%20Rick%20Scott%20Was%20Just%20Sued%20Over%20His%20Role%20In%20The%20Florida%20Recount%E2%80%9D>
>
> Posted in conflict of interest laws <https://electionlawblog.org/?cat=20>
> , election administration <https://electionlawblog.org/?cat=18>, The
> Voting Wars <https://electionlawblog.org/?cat=60>
>
>
>
>
> I Talked About the 2018 Florida Recounts and the Escalation of the Voting
> Wars on Slate’s What’s Next Podcast
> <https://electionlawblog.org/?p=102180>
>
> Posted on November 12, 2018 4:31 pm
> <https://electionlawblog.org/?p=102180> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> Take a listen.
> <https://slate.com/news-and-politics/2018/11/the-2000-florida-election-hovers-over-the-2018-recount.html>
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102180&title=I%20Talked%20About%20the%202018%20Florida%20Recounts%20and%20the%20Escalation%20of%20the%20Voting%20Wars%20on%20Slate%E2%80%99s%20What%E2%80%99s%20Next%20Podcast>
>
> Posted in recounts <https://electionlawblog.org/?cat=50>, The Voting Wars
> <https://electionlawblog.org/?cat=60>
>
>
>
>
> “Democrats Say Their First Bill Will Focus On Strengthening Democracy At
> Home” <https://electionlawblog.org/?p=102178>
>
> Posted on November 12, 2018 2:03 pm
> <https://electionlawblog.org/?p=102178> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> NPR:
> <https://www.npr.org/2018/11/12/665635832/democrats-say-their-first-bill-will-focus-on-strengthening-democracy-at-home?utm_source=twitter.com&utm_medium=social&utm_campaign=politics&utm_term=nprnews&utm_content=2041>
>
> *The bill would establish automatic voter registration and reinvigorate
> the Voting Rights Act, crippled by a Supreme Court decision in 2013. It
> would take away redistricting power from state legislatures and give it to
> independent commissions.*
>
> *Other provisions would overturn the Supreme Court’s Citizens
> United ruling, which declared political spending is First Amendment free
> speech; they would mandate more disclosure of outside money and establish a
> public financing match for small contributions.*
>
> *Ethics language in the bill would strike closer to current controversies.
> When President Trump took office, he said — accurately — that the ban on
> conflicts of interest doesn’t cover presidents. The bill would close that
> loophole, while expanding the anti-bribery law and requiring presidential
> candidates to make their tax returns public.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102178&title=%E2%80%9CDemocrats%20Say%20Their%20First%20Bill%20Will%20Focus%20On%20Strengthening%20Democracy%20At%20Home%E2%80%9D>
>
> Posted in The Voting Wars <https://electionlawblog.org/?cat=60>
>
>
>
>
> “Broward judge denies Rick Scott’s bid to impound voting machines, offers
> compromise” <https://electionlawblog.org/?p=102176>
>
> Posted on November 12, 2018 1:58 pm
> <https://electionlawblog.org/?p=102176> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> Tampa Bay Times:
> <https://www.tampabay.com/florida-politics/buzz/2018/11/12/judge-denies-rick-scotts-bid-to-impound-voting-machines-offers-compromise/>
>
> *A Broward judge on Monday turned down Gov. Rick Scott’s request to
> “impound and secure” all voting machines in Broward’s elections
> headquarters when they’re not being used to recount ballots.*
>
> *But Circuit Judge Jack Tuter offered a compromise: Add three Broward
> Sheriff’s deputies to the current lineup of BSO officers and private
> security guards overseeing the recount under way at the county’s election’s
> center in Lauderhill.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102176&title=%E2%80%9CBroward%20judge%20denies%20Rick%20Scott%E2%80%99s%20bid%20to%20impound%20voting%20machines%2C%20offers%20compromise%E2%80%9D>
>
> Posted in The Voting Wars <https://electionlawblog.org/?cat=60>
>
>
>
>
> Images of the Voting Wars <https://electionlawblog.org/?p=102174>
>
> Posted on November 12, 2018 1:18 pm
> <https://electionlawblog.org/?p=102174> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> [image:
> https://pbs.twimg.com/profile_images/1027236869476573184/PFqQJu6__normal.jpg]
> <https://twitter.com/rickhasen>
>
> <https://twitter.com/rickhasen>
>
> *Rick Hasen <https://twitter.com/rickhasen>*
>
> *✔@rickhasen <https://twitter.com/rickhasen>*
>
>
>
>  · 8h <https://twitter.com/rickhasen/status/1062072485556801536>
>
> <https://twitter.com/rickhasen/status/1062072485556801536>
>
>
>
> My new one @Slate <https://twitter.com/Slate>: What’s happening in
> Florida is a nightmare. 2020 could be so much worse. https://
> slate.com/news-and-politics/2018/11/florida-election-chaos-2020-trump-
> nightmare-scenario.html?wpsrc=sh_all_dt_tw_ru … <https://t.co/OL1Wr3HxAL>
> via @slate <https://twitter.com/Slate>
>
> <https://t.co/OL1Wr3HxAL>
>
> [image:
> https://pbs.twimg.com/card_img/1062072194715443200/jazeDjex?format=jpg&name=600x314]
> <https://t.co/OL1Wr3HxAL>
> What’s Happening in Florida Is a Nightmare. 2020 Could Be So Much Worse.
> <https://t.co/OL1Wr3HxAL>
>
> The 2018 Florida elections demonstrates the real possibility that Donald
> Trump might attempt to ignore an unfavorable 2020 outcome if he loses.
> <https://t.co/OL1Wr3HxAL>
>
> slate.com <https://t.co/OL1Wr3HxAL>
>
>
>
> [image:
> https://pbs.twimg.com/profile_images/1027236869476573184/PFqQJu6__normal.jpg]
> <https://twitter.com/rickhasen>
>
> <https://twitter.com/rickhasen>
>
> *Rick Hasen <https://twitter.com/rickhasen>*
>
> *✔@rickhasen <https://twitter.com/rickhasen>*
>
>
>
> Struck by the similarity of the 2000 image used on my 2012 @yalepress
> <https://twitter.com/yalepress> book, #TheVotingWars
> <https://twitter.com/hashtag/TheVotingWars?src=hash>, and the 2018
> picture used on my @Slate <https://twitter.com/Slate> piece today
> pic.twitter.com/XWjnEQ5oUj <https://t.co/XWjnEQ5oUj>
>
> <https://twitter.com/intent/like?tweet_id=1062091635696103429>
>
> 36 <https://twitter.com/intent/like?tweet_id=1062091635696103429>
>
> 1:15 PM - Nov 12, 2018
> <https://twitter.com/rickhasen/status/1062091635696103429>
>
> Twitter Ads info and privacy
> <https://support.twitter.com/articles/20175256>
>
> [image: View image on Twitter]
> <https://twitter.com/rickhasen/status/1062091635696103429/photo/1>[image:
> View image on Twitter]
> <https://twitter.com/rickhasen/status/1062091635696103429/photo/1>
>
> <https://twitter.com/rickhasen>
>
> See Rick Hasen's other Tweets <https://twitter.com/rickhasen>
>
>
>
> Twitter Ads info and privacy
> <https://support.twitter.com/articles/20175256>
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D102174&title=Images%20of%20the%20Voting%20Wars>
>
> 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
>
> http://www.law.uci.edu/faculty/full-time/hasen/
>
> http://electionlawblog.org
>
>
>
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-- 
Marty Lederman
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
202-662-9937
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