[EL] ELB News and Commentary 4/30/19

[Rick Hasen]

“Conservatives, Often Wary of Foreign Law, Embrace It in Census Case”<https://electionlawblog.org/?p=104926>
Posted on April 29, 2019 9:07 pm<https://electionlawblog.org/?p=104926> by Rick Hasen<https://electionlawblog.org/?author=3>

Adam Liptak NYT Sidebar column<https://www.nytimes.com/2019/04/29/us/politics/foreign-law-census.html>:

Two years ago, at his confirmation hearings<https://www.govinfo.gov/content/pkg/CHRG-115shrg28638/pdf/CHRG-115shrg28638.pdf>, Justice Neil M. Gorsuch said that what happens abroad should not influence American judges in constitutional cases.

“We have our own tradition and our own history,” he said, “and I do not know why we would look to the experience of other countries rather than to our own.”

But last week, during arguments<https://www.supremecourt.gov/oral_arguments/argument_transcripts/2018/18-966_5hek.pdf> over whether the Trump administration may add a question on citizenship to the 2020 census, Justice Gorsuch did not hesitate to consider what he called “the evidence of practice around the world.”

“Virtually every English-speaking country and a great many others besides ask this question in their censuses,” he said.

Justice Brett M. Kavanaugh has also been skeptical about the use of foreign and international law by American judges in at least some kinds of cases. In 2010, when he was an appeals court judge, he wrote in a concurring opinion<https://scholar.google.com/scholar_case?case=8745018070447430539&q=al+bihani&hl=en&as_sdt=20003> about a Guantánamo detainee that “international-law norms are not domestic U.S. law.”

But he was curious about those norms in the census case. “The United Nations recommends that countries ask a citizenship question on the census,” he said. “And a number of other countries do it. Spain, Germany, Canada, Australia, Ireland, Mexico ask a citizenship question.”
“It’s a very common question internationally,” he added.
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Posted in census litigation<https://electionlawblog.org/?cat=125>, Supreme Court<https://electionlawblog.org/?cat=29>


“Democrats in N.Y. Find Unexpected Foe in Campaign Finance Overhaul”<https://electionlawblog.org/?p=104924>
Posted on April 29, 2019 9:03 pm<https://electionlawblog.org/?p=104924> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/2019/04/29/nyregion/unions-public-financing-elections.html>:

As New York’s progressive lawmakers fought a deadline last month to persuade the State Legislature to reduce the influence of money in politics, they hit an unexpected roadblock.

It was not opposition put up by billionaires or big corporations, but an 11th-hour warning issued by Mario Cilento, the president of the New York A.F.L.-C.I.O., an umbrella group of more than 3,000 affiliated unions.
“Now is not the time,” Mr. Cilento said in a statement<https://nysaflcio.org/news/costs-public-financing-campaigns-merits-further-review>.

The last-minute opposition helped derail a push to introduce a small-donor matching system to state candidates; lawmakers ultimately agreed to allow a nine-member commission to decide later on a framework for public financing.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>


“Federal judge weighs lawsuit over Georgia voting problems”<https://electionlawblog.org/?p=104922>
Posted on April 29, 2019 9:01 pm<https://electionlawblog.org/?p=104922> by Rick Hasen<https://electionlawblog.org/?author=3>

AJC<https://www.ajc.com/news/local-govt--politics/federal-judge-weighs-lawsuit-over-georgia-voting-problems/NAQGFF91t79DbbYdGHAYNN/>:

A lawsuit asking a judge to correct problems with Georgia’s elections reached a packed federal courtroom Monday, where election officials argued that the case should be thrown out because a new state law could solve issues with voting machines, voter registration cancellations and election security.

U.S. District Judge Steve Jones didn’t immediately rule on the motion to dismiss<https://www.ajc.com/news/state--regional-govt--politics/judge-asked-dismiss-lawsuit-over-georgia-election-irregularities/qcibxtI9p4UFFE8H9SuTPP/> the lawsuit, which was filed<https://www.ajc.com/news/state--regional-govt--politics/fairness-georgia-elections-challenged-far-reaching-lawsuit/ZAfqZVmxHmXbAdfgc85TzL/> by allies of Democrat Stacey Abrams in the days after she lost last year’s election for governor to Republican Brian Kemp.

Jones questioned the state’s argument that a recent overhaul to election laws invalidates the lawsuit, which accuses the government of managing a broken system with unreliable voting machines<https://www.ajc.com/news/state--regional-govt--politics/lawsuit-alleges-votes-went-missing-georgia-lieutenant-governor-race/waANVVApMPpzkKbNaTZLdI/>, incorrectly canceled voter registrations<https://www.ajc.com/news/state--regional-govt--politics/voter-purge-begs-question-what-the-matter-with-georgia/YAFvuk3Bu95kJIMaDiDFqJ/>and many other obstacles to voting.
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Posted in election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>


“10 Oregon voters plead guilty to voter fraud in 2016 presidential election”<https://electionlawblog.org/?p=104920>
Posted on April 29, 2019 8:57 pm<https://electionlawblog.org/?p=104920> by Rick Hasen<https://electionlawblog.org/?author=3>

Oregon Live<https://www.oregonlive.com/politics/2019/04/10-oregon-voters-plea-guilty-to-voter-fraud-in-2016-presidential-election.html>:

Ten people in Oregon have been convicted so far in voter fraud cases stemming from the 2016 election.

The convictions represent a tiny fraction of the 2,051,448 votes cast in the election, in which Oregon voters elected Democratic Gov. Kate Brown and chose Hillary Clinton over Donald Trump for president.

The Oregon Department of Justice started pursuing the cases after the Oregon Secretary of State’s office forwarded 56 cases of possible voter fraud in September 2017….

The 10 convictions represent a broad spectrum of age, party affiliation and geography. Those convicted include four Democrats, one Republican, one Libertarian and four people not affiliated with a political party.

Most of the convictions involved people who cast a ballot in two different states. Many of the cases initially involved felony charges, but all were eventually reduced to a violation.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, election administration<https://electionlawblog.org/?cat=18>


“Not giving up, embattled Texas Secretary of State David Whitley asks Senate Dems for another chance”<https://electionlawblog.org/?p=104918>
Posted on April 29, 2019 4:48 pm<https://electionlawblog.org/?p=104918> by Rick Hasen<https://electionlawblog.org/?author=3>

Dallas Morning News<https://www.dallasnews.com/news/politics/2019/04/29/not-giving-embattled-texas-secretary-state-david-whitley-asks-senate-dems-another-chance>:

Acting Secretary of State David Whitley, whose confirmation has been stalled in the Texas Senate after a bungled advisory from his office questioned the citizenship of nearly 100,000 voters, has asked to meet with Senate Democrats following a settlement Friday that rescinded the advisory.

Sen. José Rodriguez, an El Paso Democrat who leads the chamber’s Democratic caucus, said he was polling the members to see if anyone objected to Whitley attending their Tuesday meeting.

“Obviously, he wants to talk about the settlement agreement,” Rodriguez said. “For me, it doesn’t change anything.”
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Posted in chicanery<https://electionlawblog.org/?cat=12>, election law biz<https://electionlawblog.org/?cat=51>


“As security officials prepare for Russian attack on 2020 presidential race, Trump and aides play down threat”<https://electionlawblog.org/?p=104913>
Posted on April 29, 2019 10:37 am<https://electionlawblog.org/?p=104913> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/world/national-security/as-security-officials-prepare-for-russian-attack-on-2020-presidential-race-trump-and-aides-play-down-threat/2019/04/29/275af37c-6766-11e9-82ba-fcfeff232e8f_story.html?noredirect=on&utm_term=.a04beede0ac9>:

In recent months, U.S. national security officials have been preparing for Russian interference in the 2020 presidential race by tracking cyber threats, sharing intelligence about foreign disinformation efforts with social media companies and helping state election officials protect their systems against foreign manipulation.

But these actions are strikingly at odds with statements from President Trump, who has rebuffed warnings from his senior aides about Russia and sought to play down that country’s potential to influence American politics.

The president’s rhetoric and lack of focus on election security has made it tougher for government officials to implement a more comprehensive approach to preserving the integrity of the electoral process, current and former officials said.

Officials insist that they have made progress since 2016 in hardening defenses. And top security officials, including the director of national intelligence, say the president has given them “full support” in their efforts to counter malign activities. But some analysts worry that by not sending a clear, public signal that he understands the threat foreign interference poses, Trump is inviting more of it.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, election administration<https://electionlawblog.org/?cat=18>


Stacey Abrams on How the End of Earmarks Contributes to Polarization<https://electionlawblog.org/?p=104910>
Posted on April 29, 2019 8:35 am<https://electionlawblog.org/?p=104910> by Richard Pildes<https://electionlawblog.org/?author=7>

I found it noteworthy that when Stacey Abrams was asked in her NY Times interview<https://www.nytimes.com/interactive/2019/04/28/magazine/stacey-abrams-election-georgia.html> whether polarization was an “irreconcilable” problem, her immediate answer was to talk about the end of earmarks. I have written many times (e.g., here<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2546042>) about how certain reforms, such as the end of earmarks, that have enacted in the name of purifying the political process, have perversely contributed to polarization and today’s legislative paralysis and dysfunction. Jonathan Rauch at Brookings has also explained the issues concerning earmarks well.<https://www.brookings.edu/blog/fixgov/2018/01/17/earmarks-the-one-thing-trump-gets-right-about-congress/>

Here is the excerpt from the Abrams interview:

Q: Is that an irreconcilable problem?

A: We have to restore the incentives for getting past the demonization. There was a through-line from the elimination of earmarks9<https://www.nytimes.com/interactive/2019/04/28/magazine/stacey-abrams-election-georgia.html#tooltip-9> to the deep polarization of our politics that has created this stasis. When you have earmarks, you have to work with other people because you can’t get what you wanted unless they get something they want. When there’s no reason to compromise and every reason to demonize, then people are going to go with demonization. In politics the public is supposed to do your job review, and your job review right now depends on how loyal you are to what have been artificially set as your standards.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Trump tires to dispel rumors he won’t leave office ‘at the end of six years’ calls the media ‘sick people'” (Video from Saturday Rally)<https://electionlawblog.org/?p=104908>
Posted on April 29, 2019 8:02 am<https://electionlawblog.org/?p=104908> by Rick Hasen<https://electionlawblog.org/?author=3>

Aaron Rupar:<https://twitter.com/atrupar/status/1122300967414849537>
[https://pbs.twimg.com/profile_images/816281781011959808/aGIAz8Qe_bigger.jpg]<https://twitter.com/atrupar>
<https://twitter.com/atrupar>
Aaron Rupar<https://twitter.com/atrupar>
✔@atrupar<https://twitter.com/atrupar>

 · Apr 27, 2019<https://twitter.com/atrupar/status/1122299727368859649>
<https://twitter.com/atrupar/status/1122299727368859649>

Replying to @atrupar<https://twitter.com/_/status/1122298702339686400>

LOL -- Trump's fans boo after he suggests they sing "Oh Canada" together
<https://twitter.com/atrupar/status/1122299727368859649>
[Embedded video]<https://twitter.com/atrupar/status/1122299727368859649>
[https://pbs.twimg.com/profile_images/816281781011959808/aGIAz8Qe_bigger.jpg]<https://twitter.com/atrupar>
<https://twitter.com/atrupar>
Aaron Rupar<https://twitter.com/atrupar>
✔@atrupar<https://twitter.com/atrupar>


Trump tires to dispel rumors he won't leave office "at the end of six years," calls the media "sick people" pic.twitter.com/57IQViqyBv<https://t.co/57IQViqyBv>
<https://twitter.com/intent/like?tweet_id=1122300967414849537>
467<https://twitter.com/intent/like?tweet_id=1122300967414849537>
5:46 PM - Apr 27, 2019<https://twitter.com/atrupar/status/1122300967414849537>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/atrupar/status/1122300967414849537>
[Embedded video]<https://twitter.com/atrupar/status/1122300967414849537>
<https://twitter.com/atrupar/status/1122300967414849537>
209 people are talking about this<https://twitter.com/atrupar/status/1122300967414849537>

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Posted in campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>


“Joint Center Mourns Loss of Judge Damon J. Keith”<https://electionlawblog.org/?p=104906>
Posted on April 29, 2019 7:43 am<https://electionlawblog.org/?p=104906> by Rick Hasen<https://electionlawblog.org/?author=3>

Statement<https://jointcenter.org/blog/joint-center-mourns-loss-judge-damon-j-keith> from the joint center, including from Spencer Overton (who also clerked for J. Keith).
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Listen to the Oral Argument Audio in Census Citizenship Case at the Supreme Court<https://electionlawblog.org/?p=104903>
Posted on April 28, 2019 8:41 pm<https://electionlawblog.org/?p=104903> by Rick Hasen<https://electionlawblog.org/?author=3>

Here at Oyez.<https://www.oyez.org/cases/2018/18-966>
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Posted in census litigation<https://electionlawblog.org/?cat=125>, Supreme Court<https://electionlawblog.org/?cat=29>


--
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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