[EL] ELB News and Commentary 10/12/18

[Rick Hasen]

“Complaints of Voter Suppression Loom Over Georgia Governor’s Race”<https://electionlawblog.org/?p=101478>
Posted on October 11, 2018 8:35 pm<https://electionlawblog.org/?p=101478> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2018/10/11/us/politics/georgia-voter-registration-kemp-abrams.html?action=click&module=Top%20Stories&pgtype=Homepage>

The office of Brian Kemp, Georgia’s secretary of state and the Republican nominee for governor in November’s election, has stalled more than 53,000 voter applications, according to a recent report<https://www.wabe.org/voting-rights-become-a-flashpoint-in-georgia-governors-race/> from The Associated Press. The list includes a disproportionately high number of black voters, the report said, which is stirring concern among nonpartisan voting rights advocates and supporters of Stacey Abrams, the Democratic candidate, who is vying to be the first black woman in the country to be elected governor….

Mr. Kemp’s secretary of state office has denied the accusations of intentional voter suppression, and said the reason for the backlog was shoddy voter registration work by liberal groups.

In a fund-raising email late Wednesday night, Mr. Kemp said to supporters that all 53,000 Georgians now on the pending voting lists will still be able to vote on Election Day, if they meet all the state’s other identification requirements. He tried to frame the backlash to The Associated Press report as partisan bickering….

But Democrats say that even if the voters on the list turn out to be eligible to vote, the “pending” status could lead to longer lines and confusion at polling places and might discourage some voters from casting their ballots.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>


“Campaign for congressional candidate Mike Siegel disputes account of worker’s arrest”<https://electionlawblog.org/?p=101476>
Posted on October 11, 2018 8:33 pm<https://electionlawblog.org/?p=101476> by Rick Hasen<https://electionlawblog.org/?author=3>

Texas Tribune:<https://www.texastribune.org/2018/10/11/campaign-congressional-candidate-mike-siegel-disputes-account-workers-/>

A campaign staffer for Mike Siegel, the Democrat challenging Republican U.S. Rep. Michael McCaul, was arrested Wednesday while delivering a letter to the Waller County Courthouse, the Waller County Sheriff’s Department confirmed Thursday.

According to a news release from the Siegel campaign Wednesday night, Jacob Aronowitz, a field director with the campaign, was at the courthouse to deliver a letter disputing a county decision the campaign said risks disenfranchising students at nearby Prairie View A&M University, a historically black institution….

Aronowitz was at the county courthouse Wednesday to deliver a letter disputing Eason’s announcement. According to a Siegel campaign spokesperson, Aronowitz took a photo of the letter’s delivery that included the clerk in order to prove that the office had received the letter. In an interview with The Texas Tribune, Waller County Sheriff Captain Manny Zamora said the clerk was “disturbed” and called courthouse security….

He said Aronowitz was arrested and charged with failure to identify, a Class C misdemeanor. Under the Texas Penal Code, a person can be charged with failure to identify if he “intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.” The penalty is a fine of up to $500.

But the Siegel campaign and Aronowitz’s lawyer, Sylvia Cedillo, said he did identify himself.

Siegel told the Tribune he was on the phone with Aronowitz for much of the altercation and that Aronowitz identified himself twice: once to the clerk when he first walked up to the counter and again while Siegel was on the phone with Aronowitz while he was being detained….

Siegel said he overheard a police officer ask Aronowitz what party his campaign was affiliated with. He called the encounter “an abuse of power.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Civil Rights Groups Sue Georgia Secretary of State Brian Kemp to Cease Discriminatory ‘No Match, No Vote’ Registration Protocol”<https://electionlawblog.org/?p=101474>
Posted on October 11, 2018 4:20 pm<https://electionlawblog.org/?p=101474> by Rick Hasen<https://electionlawblog.org/?author=3>

Release via email:

Today, the Lawyers’ Committee for Civil Rights Under Law and its partners filed a major lawsuit against Secretary of State Brian Kemp over the state of Georgia’s discriminatory and unlawful “exact match” voter suppression scheme. The suit alleges that Georgia’s ‘no match, no vote’ voter registration scheme violates the Voting Rights Act, the National Voter Registration Act, and the First and Fourteenth Amendments to the United States Constitution.

“Georgia Secretary of State Brian Kemp has been a driving force behind multiple voter suppression efforts throughout the years in Georgia,” said Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law. “If there is one person in Georgia who knows that the ‘Exact Match’ scheme has a discriminatory impact on minority voters, it’s Brian Kemp because we successfully sued him over a mirror policy in 2016.  There exists a stark parallel between the voter suppression schemes levied by states around the country prior to the Voting Rights Act of 1965 and the insidious tactics used by Secretary Kemp to capitalize on the Supreme Court’s decision in Shelby County to gut the Act and its protections for African Americans and other people of color that came with it.  No less than 70 percent of people impacted by ‘Exact Match’ are African-American. We will continue fighting voter suppression to ensure a level playing field for voters across Georgia this election cycle.”

As a result of the “exact match” voter-registration protocol, which is being implemented by Georgia Secretary of State Brian Kemp, more than 53,000 voter registration applications have been placed in “pending” status one month before the midterm election. The vast majority of those pending applications are from minority voters.  The federal lawsuit asks that a court prohibit the purging of any voters based on the ‘exact match’ protocol and ensure that all ballots cast by voters flagged as ‘non-matches’ are counted in future elections.

Secretary Kemp has long endorsed and repeatedly used the ‘exact match’ protocol, which has been previously shown to have a high error rate and a substantial, negative impact upon voting-eligible African American, Latino and Asian American Georgians.  The Lawyers’ Committee for Civil Rights Under Law and other civil rights organizations successfully challenged the use of ‘no match, no vote’ prior to the November 2016 election, resulting in the restoration of more than 40,000 voters to the rolls.

Under the Georgia law, applicants are removed from the registration rolls after 26 months if they do not cure the “no-match” result.  The matching protocol delays the processing of complete and accurate voter registration applications and will cause many to be rejected after the 26-month window passes, resulting in the disenfranchisement of legitimate, voting-eligible Georgians.  The notice provided by election officials is vague and often confused with junk mail, meaning that voters are frequently unaware that there is an issue with their registration status.

Voter registration application is flagged and placed in “pending” status if the information on their registration form does not exactly match information contained in the Department of Driver Services or Social Security Administration databases.  A non-match can result from something as simple as an election officials switching two numbers in the applicant’s driver’s license number, adding or removing a hyphen from a name, or changing a voter’s maiden name.  The matching process also incorrectly flags U.S. citizens as non-citizens, even where the applicants submit a copy of their U.S. naturalization certificate or other evidence of their U.S. citizenship with their applications.

Nearly every other state treats failure to match a database differently than Georgia. In the case of a mismatch, the voter is still fully registered. First-time voters are required to show a form of identification at the polls when they vote for the first time. This process provides the same amount of election security and imposes lessbarriers to voters.

“Georgia’s ‘exact match’ protocol has resulted in the cancellation or rejection of tens of thousands of voter registration applications in the past. The reintroduction of this practice, which is known to be discriminatory and error-ridden, is appalling,” said Danielle Lang, senior legal counsel, voting rights and redistricting at CLC. “This policy adds nothing to the security of Georgia elections but causes unnecessary confusion and additional burdens for eligible citizens who wish to exercise their fundamental right to vote.”

“In 2016, we helped stop Georgia’s ‘exact match’ protocol that kicked thousands of voters off the voter rolls—some of them simply because they have uncommon Asian or Latino names that others commonly misspell,” Phi Nguyen Litigation Director, Asian Americans Advancing Justice – Atlanta. “It is unacceptable that only two years later, we are once again asking a court to step in to end an almost identical ‘exact match’ protocol that threatens to disenfranchise thousands more from our communities.”

“I am appalled at the actions of the Secretary of State office; over 70% of the pending applicants are minorities,” said Phyllis Blake, President of the Georgia State Conference of the NAACP. “I hope that the Secretary of State’s expeditiousnessfollow up to correct these pending applications, whether the problem exists within the database, SOS office, County Voter Registration office or applicant, find it and fix it to allow the voter to fulfill the precious right to vote. The NAACP, GSC will continue to monitor this situation and request full transparency in yet another GA Voter Suppression Tactic attempt.”

“It’s a stain on our system of democracy when less than a month before an election which could produce the first African-American female governor in our nation’s history, we are seeing this type of voter suppression scheme attempted by a state official whose candidacy for the governorship produces an irremediable conflict of interest,” said NAACP President and CEO, Derrick Johnson. “We are closely monitoring this situation with our Georgia State Conference President Phyllis Blake and demanding a complete investigation and full transparency prior to the election.”

“The exact match process has a discriminatory impact on minority voters. It creates further barriers for U. S. citizens attempting to exercise their right to vote,” said Jerry Gonzalez, Executive Director of Georgia Association of Latino Elected Officials (GALEO). “We do hope the court will step in and allow these voters the right to vote while striking down this discriminatory process.

“The right to vote is central to our democracy,” said Villa Hayes, Senior Pro Bono Counsel at Hughes Hubbard & Reed. “Democracy works best when all citizens can vote and we are proud to be an active participant in voter protection.”

“The Exact Match law continues to be a tool of voter suppression. Every year, thousands of Georgians are denied their right to vote due to clerical/administrative errors,” said Tamieka Atkins, Executive Director for Pro Georgia. “This year, 53,000 people are being negatively affected. If you are on the pending list, you can still vote. You must show photo identification at the polls that closely resembles the name you used to register to vote. If you’re not sure if you’re on the pending list, visitmvp.sos.ga.gov<http://email.prnewswire.com/wf/click?upn=YV-2Bgt-2Foio5E3bS9XkKrQGu4-2BoQJ2L8mvzoJgkzhgrfFKirgx55gJA-2BleVKu1yJwa6lS-2B3kQo1sKtC963rW3RYqaG5tHZG5tYbkMSA8M7yKPbVohZVSTqCvkJ7EzT7Caxh6YoOoslvnBVYFhGMnQXqSW-2FxMoK4uUvDJJt0duXNH5vc9X-2FMVyQTvVDIxEocElx0-2BOGTvU1cKLkwRBAxrJocAwCsFV6RRifTu9vgHRJYk1-2FQOID7ig77-2Flwdkm4LMkl_MxsnV1nFJ0N6iaI6ROK3eERHn3LdCNHdSOXIWZIS7ekEoqe0xiUYCeWVdORMAMemuP5WxoPeIwlySn7IlGthpRMMx-2F0VJTRr9KbfwLQV97AHRD4t4dJ1GCM8g6nWhyFgIaSIYpf0KyqNNtY6jcRYciXFtfJyQSf3n-2B0AGGjoEHX-2Bse40ZzS-2FXaDVjd-2BQHyodn-2F-2BsVPHepv4SLqsOgZg57-2FKHsXGg-2BzoalpyTgLz6IDRHzCp4Xkun4ChHdQuyLodbM6EzvdK1KGXU8rqICaPvAKBPrukcmTxhIjdKbbZ30OjiYvLRD8TwBHpgSNScYjfF> to check your status or call ProGeorgia at 4045833871 and we can assist you.”

On July 18, 2018, voting rights advocates sent a notice letter<http://email.prnewswire.com/wf/click?upn=YV-2Bgt-2Foio5E3bS9XkKrQGu4-2BoQJ2L8mvzoJgkzhgrfFKirgx55gJA-2BleVKu1yJwa6lS-2B3kQo1sKtC963rW3RYqaG5tHZG5tYbkMSA8M7yKPbVohZVSTqCvkJ7EzT7Caxh6YoOoslvnBVYFhGMnQXqSW-2FxMoK4uUvDJJt0duXNH5vc9X-2FMVyQTvVDIxEocElxvWb0aNzkxivdUc-2Fl7u95yCA8lrHwwp8BngvrlZkPoqYpIk7vEXjdvmbl8oNGwls8_MxsnV1nFJ0N6iaI6ROK3eERHn3LdCNHdSOXIWZIS7ekEoqe0xiUYCeWVdORMAMemuP5WxoPeIwlySn7IlGthpRMMx-2F0VJTRr9KbfwLQV97AHRD4t4dJ1GCM8g6nWhyFgIaSIYpf0KyqNNtY6jcRYciXFtfJyQSf3n-2B0AGGjoEHXY8Yti2-2FLz2BZcHOgglyBzuPf-2B07R9xB-2FmWK8dPgK2toWcapTHfuJtHFr9pWMXrEJY5HrlcvxyBXkDHI-2Bu7bpNHlgW2DfYsaPrTnAZWwmWCwMQTlig8pdPdj5Sn7a9s-2B6Cnjf6aCkJlW8yugGO0AjD> to Georgia Secretary of State Brian Kemp, advising him that the enactment and implementation of the voter registration provisions of Georgia Act 250 (O.C.G.A. § 21-2-220.1), which codified a ‘no match, no vote’ voter registration protocol, violate Section 8 of the National Voter Registration Act, and requesting that Secretary Kemp immediately cease enforcement of the Georgia law or risk facing a new legal challenge to the law in federal court.

Given recent news reports, it is important to note that many voters on this “pending” list for “exact match” issues are entitled to vote a regular ballot in person at the polls if they show Georgia voter photo ID.  It is possible, however, that some may have to present proof of citizenship to a deputy registrar and that others will not be able to vote by mail or may have their vote by mail ballots rejected because Georgia absentee ballots do not require photo ID. Voters with questions can call Election Protection at 866-OUR-VOTE.

The Lawyer’s Committee for Civil Rights Under Law filed its lawsuit today along with its partners including Campaign Legal Center, Hughes Hubbard & Reed LLP, Asian Americans Advancing Justice – Atlanta and the Law Office of Bryan Sells. The suit was filed on behalf of the Georgia State Conference of the NAACP, the Georgia Coalition for the Peoples’ Agenda, Asian Americans Advancing Justice – Atlanta,ProGeorgia State Table, Georgia Association of Latino Elected Officials, and the New Georgia Project.

To read the full complaint, click here<http://email.prnewswire.com/wf/click?upn=YV-2Bgt-2Foio5E3bS9XkKrQGu4-2BoQJ2L8mvzoJgkzhgrfFKirgx55gJA-2BleVKu1yJwa6lS-2B3kQo1sKtC963rW3RYqaG5tHZG5tYbkMSA8M7yKPbVohZVSTqCvkJ7EzT7Caxh6YoOoslvnBVYFhGMnQXqSW-2FxMoK4uUvDJJt0duXNH5vc9X-2FMVyQTvVDIxEocElxER79Enuk6qlyc4kw0PK20PiXfydX1AKusf-2FG4w0vvGbPspMJsXpFF67PYU6NFjuB_MxsnV1nFJ0N6iaI6ROK3eERHn3LdCNHdSOXIWZIS7ekEoqe0xiUYCeWVdORMAMemuP5WxoPeIwlySn7IlGthpRMMx-2F0VJTRr9KbfwLQV97AHRD4t4dJ1GCM8g6nWhyFgIaSIYpf0KyqNNtY6jcRYciXFtfJyQSf3n-2B0AGGjoEHXvn2wK0Fm35ueoq4C0nb5yW6AzpUE7MpsAV92taHQUOBrWgCBQVstsY3r2n3LGBE5sy-2Bt6-2F4NEBam0NFGVPe6Dj7tPmrjV-2FYIhbH6vPkLSxOJid2SHyCYp4zPXqv0DPo5s8qOzOV1jBZ0-2B8JvptW-2BZ>
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Posted in NVRA (motor voter)<https://electionlawblog.org/?cat=33>, Voting Rights Act<https://electionlawblog.org/?cat=15>


“Port Chester voting referendum passes, cumulative voting here to stay”<https://electionlawblog.org/?p=101472>
Posted on October 11, 2018 2:46 pm<https://electionlawblog.org/?p=101472> by Rick Hasen<https://electionlawblog.org/?author=3>

Gannett:<https://www.lohud.com/story/news/local/westchester/port-chester/2018/10/10/port-chester-voting-referendum-passes/1596136002/>

Cumulative voting will be the village’s permanent electoral system after a majority of residents voted in favor of the referendum Wednesday.

The final vote tally was 746 in favor and 429 against it.

Cumulative voting, which has been in place for the last three trustee elections, is a system in which each voter has as many votes as there are positions to fill. Voters may cast as many of their votes as they wish for a single candidate.

So, for example, in the 2019 trustee election, every voter will be able to cast six votes.

The system only applies for trustee candidates.

This is the voting system that’s been in place since a federal judge came down with a ruling that said the village’s traditional voting system was discriminatory to Hispanics and African Americans.
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Posted in alternative voting systems<https://electionlawblog.org/?cat=63>


“Ross Admits Bannon Put Him In Touch With Kobach To Talk Census Citizenship Question”<https://electionlawblog.org/?p=101470>
Posted on October 11, 2018 2:43 pm<https://electionlawblog.org/?p=101470> by Rick Hasen<https://electionlawblog.org/?author=3>

TPM<https://talkingpointsmemo.com/muckraker/bannon-put-ross-in-touch-with-kobach-to-talk-census-citizenship-question-doj-admits>:

Commerce Secretary Wilbur Ross admitted Thursday in ongoing litigation that then-White House adviser Steve Bannon called him in the spring of 2017 to put him in touch with Kansas Secretary of State Kris Kobach to discuss adding a citizenship question to the 2020 census.

Ross’ admission is contrary to previous testimony<https://twitter.com/amyspitalnick/status/1050449546743111680> he gave to Congress in which he said he was not aware of being contacted by anyone in the White House about adding a citizenship question….

Thursday’s revelation — which was tweeted out by a spokeswoman<https://ag.ny.gov/sites/default/files/second_supp_res_to_rog_1_final_2018.10.11.pdf> for New York Attorney General Barbara Underwood, who’s leading one of the lawsuits — is the Justice Department’s response to a discovery request by the challengers that it detail who Ross was referring to in a memo submitted in June after the records including Kobach’s emails were released.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Georgia NAACP readies lawsuit against Kemp over voter registration”<https://electionlawblog.org/?p=101468>
Posted on October 11, 2018 2:39 pm<https://electionlawblog.org/?p=101468> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/story/2018/10/11/georgia-naacp-voter-registration-lawsuit-842679>

The Georgia NAACP is preparing to sue Secretary of State Brian Kemp, the Republican nominee for governor, in response to a report that Kemp’s office has put on hold tens of thousands of voter registration applications, most of them from African-Americans, ahead of the election.

The injunction would seek to reopen voter registration in Georgia to ensure that 53,000 registrants on hold in Kemp’s office — and possibly others affected by an outage<https://politics.myajc.com/news/state--regional-govt--politics/days-before-deadline-georgia-dds-voter-registration-crashes/XYJRsTgzG2jbiZ6qOkfgTI/> of the Georgia Department of Driver Services and the state’s voter registration website — would be allowed to register for the upcoming election.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Florida Voters Have the Chance the Expand the Franchise in 2018”<https://electionlawblog.org/?p=101466>
Posted on October 11, 2018 10:19 am<https://electionlawblog.org/?p=101466> by Rick Hasen<https://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy at the HLR Blog.<https://blog.harvardlawreview.org/florida-voters-have-the-chance-the-expand-the-franchise-in-2018/>
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Posted in felon voting<https://electionlawblog.org/?cat=66>


“Don’t worry, all is not lost. State and local activists are fixing our elections”<https://electionlawblog.org/?p=101464>
Posted on October 11, 2018 10:17 am<https://electionlawblog.org/?p=101464> by Rick Hasen<https://electionlawblog.org/?author=3>

Josh Douglas LAT oped.<http://www.latimes.com/opinion/op-ed/la-oe-douglas-voting-20181011-story.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“As even long-shot Democrats harvest huge numbers of campaign contributions, Republicans brace for an onslaught”<https://electionlawblog.org/?p=101462>
Posted on October 11, 2018 7:28 am<https://electionlawblog.org/?p=101462> by Rick Hasen<https://electionlawblog.org/?author=3>

LA Times report. <http://www.latimes.com/politics/la-na-pol-campaign-money-20181010-story.html?utm_source=newsletter&utm_medium=email&utm_campaign=newsletter_axiosam&stream=top>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>


“Brennan Center Urges States to Abolish Elections for State Supreme Court Justices”<https://electionlawblog.org/?p=101460>
Posted on October 11, 2018 7:25 am<https://electionlawblog.org/?p=101460> by Rick Hasen<https://electionlawblog.org/?author=3>

Release<https://www.brennancenter.org/press-release/brennan-center-urges-states-abolish-elections-state-supreme-court-justices>:

The U.S. Supreme Court isn’t the only institution roiled by a highly politicized judicial selection process. In a new report<https://www.brennancenter.org/publication/choosing-state-judges-plan-reform>, the Brennan Center calls for reform to state supreme courts, where high-cost elections have become the norm.

The report, “Choosing State Judges: A Plan for Reform<https://www.brennancenter.org/publication/choosing-state-judges-plan-reform>,” urges states to abolish elections for state supreme court justices and instead adopt a transparent, publicly accountable appointment process. It also calls for the adoption of a lengthy single term for state supreme court justices, along with other reforms designed to rein in the role of money and politics in state courts.
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Posted in judicial elections<https://electionlawblog.org/?cat=19>


Federal Court Bars Local Ohio Election Board from Blocking Marijuana Initiative from Ballot<https://electionlawblog.org/?p=101456>
Posted on October 11, 2018 7:23 am<https://electionlawblog.org/?p=101456> by Rick Hasen<https://electionlawblog.org/?author=3>

You can read the temporary restraining order here<https://electionlawblog.org/wp-content/uploads/schmitt-tro.pdf> (and the follow-on preliminary injunction<https://electionlawblog.org/wp-content/uploads/schmitt-pi.pdf>). The elections board had blocked the measure, finding it “administrative” in nature.
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Posted in direct democracy<https://electionlawblog.org/?cat=62>


--
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/>
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