[EL] ELB News and Commentary 9/5/18

Tue Sep 4 20:38:21 PDT 2018

Is Trump’s DOJ Making North Carolina His New Front in the Voting Wars? Subpoenas Sent to Get Voting Records Throughout State<https://electionlawblog.org/?p=100978>
Posted on September 4, 2018 8:29 pm<https://electionlawblog.org/?p=100978> by Rick Hasen<https://electionlawblog.org/?author=3>

A few weeks back, the DOJ brought charges<https://www.nytimes.com/2018/08/24/us/north-carolina-illegal-voters.html> in North Carolina against 19 people the government said were non-citizens voting in the election. The NYT reported:

The Justice Department said the violations were uncovered by a newly created federal task force on document and benefit fraud in North Carolina’s Eastern Judicial District, led by the Homeland Security Department’s Immigration and Customs Enforcement division and the State Department’s Diplomatic Security Service.

But now something bigger is up, according to Democratic lawyer Marc Elias:
[https://pbs.twimg.com/profile_images/1021780443723587585/Ty7rcYzz_bigger.jpg]<https://twitter.com/marceelias>
<https://twitter.com/marceelias>
Marc E. Elias<https://twitter.com/marceelias>
✔@marceelias<https://twitter.com/marceelias>

<https://twitter.com/marceelias/status/1037130730697109504>

It is 2 month before the election and all 44 North Carolina Counties in the Eastern District of NC have received extensive subpoenas from U.S. Immigration and Customs Enforcement via the U.S. Attorney’s Office. This is America today. @DemocracyFwd<https://twitter.com/DemocracyFwd> @ACLU<https://twitter.com/ACLU> @LawyersComm<https://twitter.com/LawyersComm> @NAACP<https://twitter.com/NAACP>
5:10 PM - Sep 4, 2018<https://twitter.com/marceelias/status/1037130730697109504>

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201 people are talking about this<https://twitter.com/marceelias/status/1037130730697109504>
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[https://pbs.twimg.com/profile_images/1021780443723587585/Ty7rcYzz_bigger.jpg]<https://twitter.com/marceelias>
<https://twitter.com/marceelias>
Marc E. Elias<https://twitter.com/marceelias>
✔@marceelias<https://twitter.com/marceelias>

<https://twitter.com/marceelias/status/1037153473412911105>

I now have the relevant language from Grand Jury subpoenas that the Trump DOJ sent to 44 North Carolina counties 60 days before the midterm elections. It is very broad and aimed at voting records. This is highly unusual & extremely disturbing. We must demand answers! #ncpol<https://twitter.com/hashtag/ncpol?src=hash>
6:40 PM - Sep 4, 2018<https://twitter.com/marceelias/status/1037153473412911105>

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366 people are talking about this<https://twitter.com/marceelias/status/1037153473412911105>
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Is this the latest attempt of the Trump Administration to push the voter fraud narrative? Is this a voter suppression effort? Or is it a legitimate investigation untouched by politics?

This is one to watch closely.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“A Republican congressman helped a rival collect signatures to get on the ballot. Some of those signatures were fake.”<https://electionlawblog.org/?p=100976>
Posted on September 4, 2018 8:02 pm<https://electionlawblog.org/?p=100976> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/local/virginia-politics/a-republican-congressman-helped-a-rival-collect-signatures-to-get-on-the-ballot-some-of-those-signatures-were-fake/2018/09/04/3e1c439c-b049-11e8-9a6a-565d92a3585d_story.html?utm_term=.5c720b480594>

Rep. Scott W. Taylor (R-Va.) sat in the backroom of his campaign office in a strip mall. Mini-blinds closed, a modest “Scott Taylor U.S. Congress” sign taped to the door was all that identified his reelection headquarters. Inside, a couple of workers sat at desks amid stacks of yard signs, but the congressman declined to come out when a reporter showed up.

Taylor is hunkered down in the midst of a strange campaign scandal involving forged signatures on petitions to get a competing candidate into the race. Taylor has been subpoenaed to a court hearing Wednesday in Richmond to determine his role and whether that third candidate is improperly on the ballot, while a special prosecutor<https://www.washingtonpost.com/local/virginia-politics/special-prosecutor-investigating-possible-election-fraud-in-rep-scott-taylors-race/2018/08/07/e95e6fac-99c2-11e8-843b-36e177f3081c_story.html?utm_term=.5549fcc51bf5> separately investigates possible campaign law violations.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>

North Carolina: “Courts: Congressional races, amendment language all a go”<https://electionlawblog.org/?p=100974>
Posted on September 4, 2018 2:23 pm<https://electionlawblog.org/?p=100974> by Rick Hasen<https://electionlawblog.org/?author=3>

WRAL:<https://www.wral.com/courts-congressional-races-amendment-language-all-a-go/17819478/>

North Carolina’s congressional races will be held this November under the current maps, and all six proposed amendments to the state constitution will be on the ballot as well.
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Posted in redistricting<https://electionlawblog.org/?cat=6>

Call for Papers: Between Regulation and Legislation<https://electionlawblog.org/?p=100972>
Posted on September 4, 2018 1:04 pm<https://electionlawblog.org/?p=100972> by Rick Hasen<https://electionlawblog.org/?author=3>

Between Regulation and Legislation

Call for Papers for Special Issue of The Theory and Practice of Legislation<https://www.tandfonline.com/action/journalInformation?show=aimsScope&journalCode=rtpl20>

Guest Editors:

Nir Kosti, David Levi-Faur, Guy Mor, The Hebrew University of Jerusalem

We live in an age in which different types and sources of legislation, including statutes, regulations, decrees, orders, acts, by-laws, case law, treaties and codes, continuously proliferate within and beyond states, increasingly penetrating all spheres of life. Our age has also been described as the “golden age of regulation”, in which different forms and shapes of regulation are carried out by state and non-state actors, organizing and shaping the behavior of individuals, groups, organizations, states and international organizations.

The expansion of regulation and legislation is reflected by growing scholarly interest in them. The establishment of regulation and governance scholarships, as well as the revival of legislation and legisprudence studies in legal scholarship attest to the increasing importance of regulation and legislation in public life. However, far too little attention has been paid to conceptual and empirical relationships between legislation and regulation, and especially to the democratic consequences of their co-evolution and intersection. Scholarly treatments of the two phenomena are few and far between. Questions about what regulation and legislation are, the similarities, differences and possible overlap between them, and their consequences for policy making and democratic legitimacy remain open.

We invite contributions to these and related questions about the relationships between regulation and legislation and the following or related topics:
1.      Legislation as an instrument for regulation vs. other uses and conceptions of legislation
2.      The relationship between primary and secondary legislation
3.      Legalized vs. non-legalized forms of regulation
4.      The regulatory state and the legislative state
5.      Regulation, legislation and economic and social performances
6.      Quality of regulation and quality of legislation: conceptions and measurement (or: better regulation vis-à-vis better lawmaking)
7.      The evaluation and impact assessment of legislation vs. regulation
8.      Legislation and Regulation in an increasingly Judicialized and Juridicialized world
9.      Parliament, Bureaucracies and Legislation

Please send proposals (500 words) along with authors’ names, institutional affiliations, and a list of relevant publications to Nir Kosti (nir.kosti at mail.huji.ac.il<mailto:Nir.Kosti at gmail.com>) no later than October 1st 2018. Invited papers should be sent by March 1st 2019 to the guest editors. Papers that enter the review process will be double-blind reviewed, following the journal’s peer review process and evaluation criteria.

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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>
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http://electionlawblog.org<http://electionlawblog.org/>
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