[EL] ELB News and Commentary 9/8/18

Rick Hasen rhasen at law.uci.edu
Sat Sep 8 13:10:30 PDT 2018 

“Justice Dept. Demand for North Carolina Voting Records Extended to D.M.V. Image”<https://electionlawblog.org/?p=101037>
Posted on September 8, 2018 1:08 pm<https://electionlawblog.org/?p=101037> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2018/09/07/us/north-carolina-voting.html?rref=collection%2Fsectioncollection%2Fus&action=click&contentCollection=us&region=rank&module=package&version=highlights&contentPlacement=2&pgtype=sectionfront>

In a further sign of the sprawling nature of the Justice Department’s effort to collect voting records<https://www.nytimes.com/2018/09/05/us/north-carolina-voting.html> in North Carolina, prosecutors demanded eight years of information from the state’s Division of Motor Vehicles, according to a copy of the subpoena obtained by The New York Times.

The newly disclosed order, along with subpoenas sent to the state’s elections board and counties<https://www.nytimes.com/2018/09/05/us/north-carolina-voting.html>, appears linked to a federal inquiry into illegal voting by noncitizens.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D101037&title=%E2%80%9CJustice%20Dept.%20Demand%20for%20North%20Carolina%20Voting%20Records%20Extended%20to%20D.M.V.%20Image%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Supreme Court Rejects Appeal Over Michigan Election Law”<https://electionlawblog.org/?p=101035>
Posted on September 8, 2018 12:59 pm<https://electionlawblog.org/?p=101035> by Rick Hasen<https://electionlawblog.org/?author=3>

AP:<https://www.usnews.com/news/best-states/michigan/articles/2018-09-07/supreme-court-rejects-appeal-over-michigan-election-law>

The U.S. Supreme Court won’t intervene in a dispute over Michigan<https://www.usnews.com/news/best-states/michigan>‘s ban on straight-party voting.

The court turned down an appeal Friday, which means the ban will go into effect in the November election. Voters can’t use a single mark to quickly pick all candidates of a single party.

Justices Ginsburg and Sotomayor dissented.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D101035&title=%E2%80%9CSupreme%20Court%20Rejects%20Appeal%20Over%20Michigan%20Election%20Law%E2%80%9D>
Posted in Supreme Court<https://electionlawblog.org/?cat=29>


“Trump Executives Face U.S. Campaign-Finance Probe, Source Says”<https://electionlawblog.org/?p=101033>
Posted on September 7, 2018 9:14 pm<https://electionlawblog.org/?p=101033> by Rick Hasen<https://electionlawblog.org/?author=3>

Bloomberg:<https://www.bloomberg.com/news/articles/2018-09-07/trump-executives-are-said-to-face-campaign-finance-probe-by-u-s?srnd=premium>

Federal prosecutors in Manhattan are investigating whether anyone in the Trump Organization violated campaign-finance laws, in a follow-up to their conviction last month of Michael Cohen, according to a person familiar with the matter.

The inquiry, not previously reported, shows that the Manhattan U.S. attorney’s office doesn’t intend to stand down following the guilty plea from Trump’s longtime personal lawyer. Manhattan prosecutors are working on a parallel track to U.S. Special Counsel Robert Mueller, who is tasked with examining Russian interference in the presidential election and who is referring other matters as they arise to appropriate sections of the Justice Department.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D101033&title=%E2%80%9CTrump%20Executives%20Face%20U.S.%20Campaign-Finance%20Probe%2C%20Source%20Says%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


In Sixth Circuit Ballot Access Case from Michigan, Court Suggests Jenness v. Fortson May No Longer Be Good Law<https://electionlawblog.org/?p=101031>
Posted on September 7, 2018 1:40 pm<https://electionlawblog.org/?p=101031> by Rick Hasen<https://electionlawblog.org/?author=3>

Opinion:<http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0463n-06.pdf>

And although the Supreme Court upheld a five-percent signature requirement in Jenness v. Fortson, 403 U.S. 431, 438 (1971), that signature requirement was analyzed using a less stringent framework than that required by Anderson and Burdick. See Anderson, 460 U.S. at 817 (Rehnquist, J., dissenting) (distinguishing the standard used in Jenness from the “narrowly tailored” test applied in Anderson); see also Green Party of Georgia v. Kemp, 171 F. Supp. 3d 1340 (N.D. Ga. 2016) (finding a one-percent signature requirement to be a severe burden and setting a requirement of 7,500 signatures), aff’d 674 F. App’x 974 (11th Cir. 2017) (“The judgment of the district court is affirmed based on the district court’s well-reasoned opinion.”). The numerical signature requirement here, in combination with the signature collection window and filing deadline, is a severe burden on independent candidates and those who wish to vote for them.

That would be good news for supporters of easier ballot access laws. (Via BAN<http://ballot-access.org/2018/09/06/chris-graveline-wins-ballot-access-in-sixth-circuit/>.)
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D101031&title=In%20Sixth%20Circuit%20Ballot%20Access%20Case%20from%20Michigan%2C%20Court%20Suggests%20Jenness%20v.%20Fortson%20May%20No%20Longer%20Be%20Good%20Law>
Posted in ballot access<https://electionlawblog.org/?cat=46>


“Census Citizenship Question Won’t Perform Well, New Analysis Shows”<https://electionlawblog.org/?p=101024>
Posted on September 7, 2018 10:46 am<https://electionlawblog.org/?p=101024> by Rick Hasen<https://electionlawblog.org/?author=3>

Release:<https://www.law.georgetown.edu/news/census-citizenship-question-wont-perform-well-new-analysis-shows/>

Inclusion of a citizenship question on the 2020 Census is likely to increase the costs and compromise census accuracy, according to a report released today by Georgetown Law’s Center on Poverty and Inequality<https://www.law.georgetown.edu/poverty-inequality-center/>.

Secretary of Commerce Wilbur L. Ross Jr.’s March 26 directive that the Census Bureau add a question on citizenship status to the 2020 Census questionnaire stirred up a storm of controversy. Much of the discussion was about the impact the decision would have on response rates in the 2020 Census.

The new report, Citizenship Question Nonresponse: A Demographic Profile of People Who Do Not Answer the American Community Survey Citizenship Question<http://www.georgetownpoverty.org/wp-content/uploads/2018/09/GCPI-ESOI-Demographic-Profile-of-People-Who-Do-Not-Respond-to-the-Citizenship-Question-20180906-Accessible-Version-Without-Appendix.pdf>, examines patterns of nonresponse to the citizenship question in the Census Bureau’s American Community Survey (ACS). The citizenship status question planned for the 2020 Census is the same as the one currently asked in ACS.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D101024&title=%E2%80%9CCensus%20Citizenship%20Question%20Won%E2%80%99t%20Perform%20Well%2C%20New%20Analysis%20Shows%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Federal Court Requires Spanish Language Materials for Puerto Rico Voters Who’ve Moved to Florida<https://electionlawblog.org/?p=101022>
Posted on September 7, 2018 10:03 am<https://electionlawblog.org/?p=101022> by Rick Hasen<https://electionlawblog.org/?author=3>

Update: You can find the court’s opinion here<https://electionlawblog.org/wp-content/uploads/Rivera-v.-Detzner-PI-Order.pdf>.


[https://pbs.twimg.com/profile_images/843962466539208704/JM49BrmS_bigger.jpg]<https://twitter.com/srl>
<https://twitter.com/srl>
Sam Levine<https://twitter.com/srl>
✔@srl<https://twitter.com/srl>

 · Sep 7, 2018<https://twitter.com/srl/status/1038109744425254912>
<https://twitter.com/srl/status/1038109744425254912>


Breaking news: A federal judge in Florida issued an injunction requiring 32 counties in the state to provide sample Spanish-language ballots. The plaintiffs in the case said Puerto Ricans who moved to Florida were being denied access to the ballot under the Voting Rights Act pic.twitter.com/jwUZ4GqrMS<https://t.co/jwUZ4GqrMS>
[View image on Twitter]<https://twitter.com/srl/status/1038109744425254912/photo/1>
[https://pbs.twimg.com/profile_images/843962466539208704/JM49BrmS_bigger.jpg]<https://twitter.com/srl>
<https://twitter.com/srl>
Sam Levine<https://twitter.com/srl>
✔@srl<https://twitter.com/srl>


I am not a lawyer but this is the most incredible opening to a court opinion I have ever seen. pic.twitter.com/7q7mE76f5I<https://t.co/7q7mE76f5I>
10:01 AM - Sep 7, 2018<https://twitter.com/srl/status/1038109978182209539>
[View image on Twitter]<https://twitter.com/srl/status/1038109978182209539/photo/1>

·         <https://twitter.com/intent/like?tweet_id=1038109978182209539>

4,298<https://twitter.com/intent/like?tweet_id=1038109978182209539>

·         <https://twitter.com/srl/status/1038109978182209539>

1,944 people are talking about this<https://twitter.com/srl/status/1038109978182209539>
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%3D101022&title=Federal%20Court%20Requires%20Spanish%20Language%20Materials%20for%20Puerto%20Rico%20Voters%20Who%E2%80%99ve%20Moved%20to%20Florida>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“More than 23,000 Californians were registered to vote incorrectly by state DMV”<https://electionlawblog.org/?p=101020>
Posted on September 7, 2018 8:24 am<https://electionlawblog.org/?p=101020> by Rick Hasen<https://electionlawblog.org/?author=3>

LAT:<http://www.latimes.com/politics/la-pol-ca-dmv-voter-registration-error-20180905-story.html>

Tens of thousands of Californians have been registered to vote incorrectly by the state Department of Motor Vehicles, including some who were assigned the wrong political party preference, officials said Wednesday.

Officials insist the errors were limited to 23,000 of the 1.4 million voter registration files sent to elections offices between late April, when California’s new automated “motor voter” system went into effect, and early August. Californians who were affected will soon receive notifications in the mail instructing them to check their voter registration status….

The errors, which were discovered more than a month ago, happened when DMV employees did not clear their computer screens between customer appointments. That caused some voter information from the previous appointment, such as language preference or a request to vote by mail, to be “inadvertently merged” into the file of the next customer, Shiomoto and Tong wrote. The incorrect registration form was then sent to state elections officials, who used it to update California’s voter registration database.

A small number of the mistakes — officials estimated around 1,600 — involved people who did not intend to register to vote. State officials said no people in the country illegally — who are eligible to get a special driver’s license in California — were mistakenly registered to vote. An unknown number of errors included voters whose political party preferences were changed without their consent. Officials did not provide additional details about the errors they uncovered during a monthlong investigation.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D101020&title=%E2%80%9CMore%20than%2023%2C000%20Californians%20were%20registered%20to%20vote%20incorrectly%20by%20state%20DMV%E2%80%9D>
Posted in election administration<https://electionlawblog.org/?cat=18>


--
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/>
[/Users/rhasen/Library/Containers/com.microsoft.Outlook/Data/Library/Caches/Signatures/signature_982474018]


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180908/26c14645/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180908/26c14645/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 2795 bytes
Desc: image002.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180908/26c14645/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 100354 bytes
Desc: image003.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180908/26c14645/attachment-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 36504 bytes
Desc: image004.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180908/26c14645/attachment-0002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 92163 bytes
Desc: image005.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180908/26c14645/attachment-0001.png>

View list directory