[EL] ELB News and Commentary 8/5/19

Sun Aug 4 21:05:18 PDT 2019

“Rep. Kenny Marchant joins parade of Texas House retirements, opening up competitive Dallas-area seat”<https://electionlawblog.org/?p=106774>
Posted on August 4, 2019 9:01 pm<https://electionlawblog.org/?p=106774> by Rick Hasen<https://electionlawblog.org/?author=3>

Roll Call<http://www.rollcall.com/news/campaigns/texas-gop-rep-kenny-marchant-retire-opening-competitive-suburban-seat>:

Rep. Kenny Marchant<https://www.rollcall.com/members?18463&utm_source=memberLink?utm_source=memberLink> is the latest Texas Republican to decide to retire rather than seek another term in 2020, opening up a competitive seat in the Dallas area.

Marchant’s decision was first reported<https://twitter.com/jmartNYT/status/1158197079262539777> Sunday night by The New York Times, and a GOP source with knowledge of his decision confirmed it. As recently as Friday, Marchant’s campaign asserted that the eight-term Republican was running for reelection to the 24th District. His campaign confirmed the news Sunday, and he is expected to make a statement Monday morning.

Marchant won reelection by just 3 points last fall, while President Donald Trump carried his district, which is near the Dallas-Fort Worth airport, by 6 points. Inside Elections with Nathan L. Gonzales<http://www.rollcall.com/news/campaigns/%22https:/insideelections.com/%E2%80%9C> rated the 24th District race Leans Republican<http://www.rollcall.com/election-guide-house>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

After El Paso, Beto O’Rourke Does Not Mince Words<https://electionlawblog.org/?p=106772>
Posted on August 4, 2019 8:49 pm<https://electionlawblog.org/?p=106772> by Rick Hasen<https://electionlawblog.org/?author=3>

Listen to the audio<https://twitter.com/ericbradner/status/1158216987908218882>:
[cid:image002.jpg at 01D54B08.512B9550]<https://twitter.com/ericbradner>
<https://twitter.com/ericbradner>
Eric Bradner<https://twitter.com/ericbradner>
✔@ericbradner<https://twitter.com/ericbradner>

 · 2h<https://twitter.com/ericbradner/status/1158196171451576321>
<https://twitter.com/ericbradner/status/1158196171451576321>

Replying to @ericbradner<https://twitter.com/_/status/1158189475975061504>

Beto O’Rourke on his way to his car was asked if there’s anything Trump can do now to make this better.

“What do you think? You know the shit he’s been saying. He’s been calling Mexican immigrants rapists and criminals. I don’t know, like, members of the press, what the fuck?”
[View image on Twitter]<https://twitter.com/ericbradner/status/1158196171451576321/photo/1>
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<https://twitter.com/ericbradner>
Eric Bradner<https://twitter.com/ericbradner>
✔@ericbradner<https://twitter.com/ericbradner>

I didn’t get video, but here’s audio of the question and Beto O’Rourke’s answer. This came after an emotional vigil in El Paso, as O’Rourke circled behind a building looking for his wife.
<https://twitter.com/ericbradner/status/1158216987908218882>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Why a Race-Baiting Trump Is Courting Black Voters”<https://electionlawblog.org/?p=106770>
Posted on August 4, 2019 8:43 pm<https://electionlawblog.org/?p=106770> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/2019/08/03/us/politics/black-vote-trump.html>:

President Trump’s entire approach to people of color — his attacks on political leaders<https://www.nytimes.com/2019/07/29/us/politics/trump-al-sharpton.html?module=inline>, his campaign’s social media strategy targeting the black electorate, his ability to fuel black opposition but also demoralize some black voters — is one of the most extraordinary political dynamics of the Trump era. No modern president has ever vilified black Americans or sought to divide people along racial lines<https://www.nytimes.com/2019/07/20/us/politics/trump-race-record.html?module=inline> like Mr. Trump, while also claiming to be a champion of their economic interests….

The online ad that Mr. Greer saw illustrates the audacious nature of Mr. Trump’s strategy. Even as the president sows racial disharmony, telling four Democratic congresswomen of color to “go back,” and saying “no human being” would want to live in the “rat and rodent infested<https://www.nytimes.com/2019/07/27/us/politics/trump-elijah-cummings.html?module=inline>” city of Baltimore, his re-election campaign is spending money on social media to put Mr. Trump before the eyes of black voters.
The objectives are twofold: First, to try to win over a handful of black voters. The campaign intends to highlight low rates of African-American unemployment and the criminal justice overhaul the president signed, a measure that is already a subject of his campaign’s Facebook advertising.
But the more clandestine hope, and one privately acknowledged by Trump allies, is that the president can make black voters think twice about turning out for Democrats or expending energy on trying to change a system some African-Americans believe is unalterably stacked against them.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“How small-dollar donors are reshaping the Democratic primary”<https://electionlawblog.org/?p=106768>
Posted on August 4, 2019 8:40 pm<https://electionlawblog.org/?p=106768> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/politics/how-small-dollar-donors-are-reshaping-the-democratic-primary/2019/08/03/50d66e04-b205-11e9-951e-de024209545d_story.html?utm_term=.11e8db28a83f>

About a fifth of donors have given to more than one Democratic presidential nominee in the first six months of this year, pointing to the difficulty candidates face distinguishing themselves among those giving small amounts at a time.

That revelation comes according to an analysis of ActBlue data, released by the Federal Election Commission this week. ActBlue is an online fundraising platform used by all major Democratic presidential candidates. The data released Thursday offers an in-depth look at how small-dollar, grass-roots donors are shaping the Democratic primary.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>

DOJ Files Late (at 4:30 AM) Opposing Sanctions Motion in NY Census Citizenship Case<https://electionlawblog.org/?p=106766>
Posted on August 3, 2019 10:31 am<https://electionlawblog.org/?p=106766> by Rick Hasen<https://electionlawblog.org/?author=3>

Hansi Lo Wang<https://twitter.com/hansilowang/status/1157665462249033728> thread:
[cid:image005.jpg at 01D54B08.512B9550]<https://twitter.com/hansilowang>
<https://twitter.com/hansilowang>
Hansi Lo Wang<https://twitter.com/hansilowang>
✔@hansilowang<https://twitter.com/hansilowang>

<https://twitter.com/hansilowang/status/1157665462249033728>

THREAD: New details about #CitizenshipQuestion<https://twitter.com/hashtag/CitizenshipQuestion?src=hash> saga were released in court filings that Trump admin submitted 4.5 hours past Aug. 2 deadline for responding allegations of a cover-up. @TheJusticeDept<https://twitter.com/TheJusticeDept> is asking US District Judge Jesse Furman of NY to retroactively extend deadline[👇]
[View image on Twitter]<https://twitter.com/hansilowang/status/1157665462249033728/photo/1>[View image on Twitter]<https://twitter.com/hansilowang/status/1157665462249033728/photo/1>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“California’s new law requiring candidates’ tax returns appears unconstitutional — or does it?”<https://electionlawblog.org/?p=106764>
Posted on August 3, 2019 10:27 am<https://electionlawblog.org/?p=106764> by Rick Hasen<https://electionlawblog.org/?author=3>

Bob Egelko<https://www.sfchronicle.com/news/article/Calif-s-new-law-requiring-candidates-tax-14276383.php?utm_campaign=CMS> for the SF Chronicle.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Groups Seek Preliminary Injunction Against Florida Law Undermining Felon Reenfranchisement Amendment<https://electionlawblog.org/?p=106762>
Posted on August 3, 2019 10:24 am<https://electionlawblog.org/?p=106762> by Rick Hasen<https://electionlawblog.org/?author=3>

Release<https://www.brennancenter.org/press-release/groups-file-motion-preliminary-injunction-block-sb7066>:

The American Civil Liberties Union, ACLU of Florida, NAACP Legal Defense and Educational Fund, and Brennan Center for Justice at NYU Law filed a motion for preliminary injunction<https://www.brennancenter.org/sites/default/files/events/98-1%20Proposed%20Memo%20in%20Support%20of%20PI%20Mtn.pdf> to block Senate Bill (“SB”) 7066, a bill signed by Gov. Ron DeSantis in June that undermines Amendment 4 and prevents hundreds of thousands of newly re-enfranchised voters from voting in Florida. The organizations filed the initial federal lawsuit immediately after the bill was signed by Gov. DeSantis. SB7066 unconstitutionally denies the right to vote to returning citizens with past felony convictions based solely on their inability to pay all fines, fees, and other monetary penalties associated with their convictions.

“Politicians cannot legally place a price tag on a person’s right to vote. It’s past time for over a million Floridians to reclaim their place in democracy,” said Orion Danjuma, staff attorney with the ACLU’s Racial Justice Program, which, along with the ACLU’s Voting Rights Project, is challenging the law.

A preliminary analysis of outstanding legal financial obligations in Florida by Daniel A. Smith, professor and chair of the Political Science Department at the University of Florida, shows that in the 48 counties for which data has so far been analyzed, fewer than one in five—or just 66,108 of the 375,256 individuals with a felony conviction other than murder or a felony sexual offense who have been released from county or Florida Department of Corrections supervision—are likely to be eligible to register to vote under SB7066. This means that, across Florida’s 67 counties, SB7066 effectively disenfranchises hundreds of thousands of voters who would have been eligible to vote in Florida under Amendment 4 had the legislature not stepped in to dismantle it. …
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Posted in felon voting<https://electionlawblog.org/?cat=66>

“DOJ & FEC Complaints Filed Against Kris Kobach & We Build the Wall, Inc. for Illegal Campaign Solicitation”<https://electionlawblog.org/?p=106760>
Posted on August 2, 2019 1:56 pm<https://electionlawblog.org/?p=106760> by Rick Hasen<https://electionlawblog.org/?author=3>

Common Cause release<https://www.commoncause.org/press-release/doj-fec-complaints-filed-against-kris-kobach-we-build-the-wall-inc-for-illegal-campaign-solicitation/>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Today’s Must-Read About Mississippi Voting Rights Lawsuits at Bloomberg<https://electionlawblog.org/?p=106758>
Posted on August 2, 2019 1:50 pm<https://electionlawblog.org/?p=106758> by Rick Hasen<https://electionlawblog.org/?author=3>

Bloomberg<https://www.bloomberg.com/news/articles/2019-08-02/battle-brews-to-dump-jim-crow-era-election-rules-in-mississippi?utm_content=business&utm_medium=social&utm_source=twitter&utm_campaign=socialflow-organic&cmpid=socialflow-twitter-business>:

Mississippi has the highest percentage of African Americans of any state in the U.S. It hasn’t elected a black official statewide in more than 130 years. Jennifer Riley Collins wants to break that streak.

To become Mississippi’s first black attorney general, Collins, a decorated U.S. Army colonel and civil rights lawyer, is getting help from the country’s first black attorney general, Eric Holder. He’s leading a lawsuit aimed at the state’s 1890 constitution, which more than a century later still has provisions expressly crafted to stop African Americans from getting elected.

If successful, the federal suit would scrap rules requiring candidates for statewide office to win both more than 50% of the popular vote and more than half the state’s 122 state legislative districts — two-thirds of which are majority white. If a candidate doesn’t meet both conditions, the state House of Representatives chooses the winner regardless of who got the most votes.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Judge refuses to dismiss challenge to N.H. voter law”<https://electionlawblog.org/?p=106756>
Posted on August 2, 2019 10:48 am<https://electionlawblog.org/?p=106756> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<https://www.concordmonitor.com/Judge-refuses-to-dismiss-challenge-to-voter-law-27371922>:

A federal judge allowed a challenge Tuesday to New Hampshire’s new voter residency law to continue, though he expressed some doubts about the strength of the case.
The new law, which took effect July 1, ends the state’s distinction between “domicile” and “residency” for voting purposes. That means out-of-state college students who vote in New Hampshire are now subject to residency requirements, such as getting New Hampshire driver’s licenses or registering their cars.
After a two-hour hearing, U.S. District Court Judge Joseph Laplante refused to dismiss a lawsuit filed by the American Civil Liberties Union on behalf of two Dartmouth College students who argue the law burdens their right to vote. The state had argued the students lacked standing to sue, in part because neither of them owns cars.
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Posted in voting<https://electionlawblog.org/?cat=31>

A Font Made of Gerrymandered Districts<https://electionlawblog.org/?p=106754>
Posted on August 2, 2019 7:39 am<https://electionlawblog.org/?p=106754> by Rick Hasen<https://electionlawblog.org/?author=3>

Ugly Gerry<https://twitter.com/UglyGerry/status/1153661354462588929>:
[cid:image009.png at 01D54B08.512B9550]<https://twitter.com/UglyGerry>
<https://twitter.com/UglyGerry>
Gerry at UglyGerry<https://twitter.com/UglyGerry>

<https://twitter.com/UglyGerry/status/1153661354462588929>

It's here. GERRY. A font created by your congressional districts. Log on to http://UglyGerry.com <https://t.co/WkuVp7oDpu>  and use the font to tell congress how happy you are that your vote doesn't matter.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

4 Pinocchios: “Booker’s claim that Democrats lost Michigan because of Russian and GOP suppression”<https://electionlawblog.org/?p=106752>
Posted on August 2, 2019 7:34 am<https://electionlawblog.org/?p=106752> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo fact checker:<https://www.washingtonpost.com/politics/2019/08/02/bookers-claim-that-democrats-lost-michigan-because-russian-gop-suppression/?utm_term=.0861a7b56352>

We lost the state of Michigan because everybody from Republicans to Russians were targeting the suppression of African American voters.”
— Sen. Cory Booker (D-N.J.), in remarks during the second Democratic primary debate, July 31
These remarks jumped out at us during the second night of the debate, but we wanted to spend a little time digging into this before rendering a verdict on Booker’s accuracy.
There is substantial evidence that Russia tried to discourage African Americans from going to polls in 2016 via social media. In some states, Republicans arguably have tried to use tactics such as voter identification laws to prevent or discourage people from voting — especially those who already are marginalized and less likely to vote, such as minority communities.
But what’s the evidence that this perfect storm happened in Michigan in 2016 and denied the state’s electoral college<https://www.washingtonpost.com/graphics/politics/2016-election/how-the-electoral-college-works/?tid=a_inl_auto> votes to the Democrats?…

“There is certainly credibility to the idea that Russians targeted African Americans to suppress their vote. There’s lots of evidence of that from the reports on Russian use of social media (such as in reports submitted to the Senate Intelligence Committee). It is also true that Republican legislatures and election officials in some states have passed laws and enacted procedures that appear aimed at making it harder for likely Democrats to vote, and African Americans are the most reliable Democratic voters,” said Richard L. Hasen<https://www.law.uci.edu/faculty/full-time/hasen/>, professor of law and political science at the University of California at Irvine. “But I have seen no evidence that the extent of these activities in the state of Michigan were responsible for the depression of turnout in the African American community such that it swung the vote in Michigan to Trump.”

The Booker campaign supplied us with a number of links about Russian and GOP activities, but none demonstrated that the purported suppression activities delivered Michigan to Trump.

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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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