[EL] ELB News and Commentary 8/14/19

Wed Aug 14 07:57:30 PDT 2019

“The Undemocratic Impulses of American Democracy”<https://electionlawblog.org/?p=106908>
Posted on August 14, 2019 7:55 am<https://electionlawblog.org/?p=106908> by Rick Hasen<https://electionlawblog.org/?author=3>

Jamelle Bouie<https://www.nytimes.com/interactive/2019/08/14/magazine/republicans-racism-african-americans.html> for the NYT Magazine, part of their 1619 Project<https://www.nytimes.com/interactive/2019/08/14/magazine/1619-america-slavery.html> (“The 1619 Project is a major initiative from The New York Times observing the 400th anniversary of the beginning of American slavery. It aims to reframe the country’s history, understanding 1619 as our true founding, and placing the consequences of slavery and the contributions of black Americans at the very center of the story we tell ourselves about who we are.”)
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Timing of Florida’s felons voting suit up for debate as 2020 election looms”<https://electionlawblog.org/?p=106906>
Posted on August 14, 2019 7:49 am<https://electionlawblog.org/?p=106906> by Rick Hasen<https://electionlawblog.org/?author=3>

Tampa Bay Times<https://www.tampabay.com/florida-politics/buzz/2019/08/14/timing-of-floridas-felons-voting-suit-up-for-debate-as-2020-election-looms/>:

Lawyers representing opposite sides in a federal lawsuit about felons’ voting rights can’t agree on how quickly a judge should decide the issue, potentially affecting whether hundreds of thousands of Floridians will be able to participate in next year’s presidential primary elections.

Gov. Ron DeSantis and Secretary of State Laurel Lee, who want the lawsuit dismissed, are asking U.S. District Judge Robert Hinkle to hold a trial in the case in November. But plaintiffs say they need more time to gather evidence in their challenge to a state law requiring people convicted of felonies to pay legal financial obligations before they can register to vote.
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Posted in felon voting<https://electionlawblog.org/?cat=66>

Trump Tweets on Voter ID and Election Security, Wrongly Suggesting that Impersonation Fraud Is a Problem in US Elections (It’s Not) and That He’d Hold Election Security Bills Hostage<https://electionlawblog.org/?p=106904>
Posted on August 14, 2019 7:46 am<https://electionlawblog.org/?p=106904> by Rick Hasen<https://electionlawblog.org/?author=3>

Here’s the tweet<https://twitter.com/realDonaldTrump/status/1161439036256526336>:
[cid:image002.jpg at 01D55275.EBD984D0]<https://twitter.com/realDonaldTrump>
<https://twitter.com/realDonaldTrump>
Donald J. Trump<https://twitter.com/realDonaldTrump>
✔@realDonaldTrump<https://twitter.com/realDonaldTrump>

<https://twitter.com/realDonaldTrump/status/1161439036256526336>

No debate on Election Security should go forward without first agreeing that Voter ID (Identification) must play a very strong part in any final agreement. Without Voter ID, it is all so meaningless!
<https://twitter.com/intent/like?tweet_id=1161439036256526336>
110K<https://twitter.com/intent/like?tweet_id=1161439036256526336>
5:46 PM - Aug 13, 2019<https://twitter.com/realDonaldTrump/status/1161439036256526336>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/realDonaldTrump/status/1161439036256526336>
47.6K people are talking about this<https://twitter.com/realDonaldTrump/status/1161439036256526336>

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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“‘Very Badly Managed’: Inside Chicago Elections Officials’ Battle with Facebook<https://electionlawblog.org/?p=106902>
Posted on August 14, 2019 7:44 am<https://electionlawblog.org/?p=106902> by Rick Hasen<https://electionlawblog.org/?author=3>

Mother Jones:<https://www.motherjones.com/politics/2019/08/facebook-chicago-board-of-elections/>

On October 20, 2018, just 16 days before that year’s midterm elections, Jim Allen, the spokesperson for the Chicago Board of Elections Commissioners, tried to boost a Facebook post on the board’s page announcing the opening of early-voting locations in the country’s sixth-largest elections jurisdiction.

Boosting a post effectively turns it into an advertisement, and he soon got notice that it would not be approved. He protested Facebook’s decision through an online support portal. The following morning he was told the company had determined the attempted post would be an ad run by a page that wasn’t authorized to run ads “related to politics,” according to emails reviewed by Mother Jones. Allen was informed that in order to comply with Facebook’s policy on political advertising, his page would first have to register to pay for political ads, which would automatically attach a campaign-style “paid for” identifier to content the board wanted to boost.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

I Was on The Hill.TV’s “Rising” Talking About My Atlantic Article About a New Campaign Finance Case Heading to the Supreme Court<https://electionlawblog.org/?p=106900>
Posted on August 14, 2019 7:41 am<https://electionlawblog.org/?p=106900> by Rick Hasen<https://electionlawblog.org/?author=3>

Watch here<https://www.youtube.com/watch?v=IP-O_M2jnyE>:

The Atlantic article is: Unlimited Donations to Candidates, Coming Soon?<https://www.theatlantic.com/ideas/archive/2019/07/campaign-finance-supreme-court/594751/>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, Supreme Court<https://electionlawblog.org/?cat=29>

“Under orders to replace voting machines, Pa. counties wonder when they’ll see state money”<https://electionlawblog.org/?p=106898>
Posted on August 14, 2019 7:33 am<https://electionlawblog.org/?p=106898> by Rick Hasen<https://electionlawblog.org/?author=3>

The Philadelphia Inquirer reports<https://www.inquirer.com/politics/election/pa-voting-machine-replacement-2020-state-funding-20190812.html>.
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Posted in voting technology<https://electionlawblog.org/?cat=40>

“California’s Trump tax return law raises fears of Republican lockout”<https://electionlawblog.org/?p=106896>
Posted on August 14, 2019 7:26 am<https://electionlawblog.org/?p=106896> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico<https://www.politico.com/states/california/story/2019/08/13/californias-trump-tax-return-law-raises-fears-of-republican-lockout-1140446?nname=california-playbook&nid=00000150-384f-da43-aff2-bf7fd35a0000&nrid=0000014e-f109-dd93-ad7f-f90d0def0000&nlid=641189>:

California’s new law requiring candidates’ tax returns may be aimed at Donald Trump, but its most consequential effects would likely be felt downballot if it survives a legal challenge.

For Republicans who already face a steep climb to blunt Democratic dominance here, the possibility of Trump’s absence from 2020 primary ballots threatens to suppress turnout at a time when they need every vote they can get. That risk conjures another scenario that’s keeping conservative strategists up at night:Republicans getting locked out of general election races thanks to California’s primary system, which allows the top two vote-getters to advance to the general election regardless of party and regularly produces Democrat-vs.-Democrat contests.
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Posted in ballot access<https://electionlawblog.org/?cat=46>, political parties<https://electionlawblog.org/?cat=25>, primaries<https://electionlawblog.org/?cat=32>

“NRA Wins First Round Over L.A. Law It Says Is About Shaming”<https://electionlawblog.org/?p=106894>
Posted on August 13, 2019 5:16 pm<https://electionlawblog.org/?p=106894> by Rick Hasen<https://electionlawblog.org/?author=3>

Bloomberg<https://www.bloomberglaw.com/exp/eyJjdHh0IjoiTFdOVyIsImlkIjoiMDAwMDAxNmMtOGFlZi1kOWQ3LWExZmQtZGZmZmU4ZDcwMDAwIiwic2lnIjoiWEIwcWJJU0ZZeUhkWGJvbTJhbkNlRzhpR1NVPSIsInRpbWUiOiIxNTY1NzI2NTIyIiwidXVpZCI6IkVHMy9Ld2hNOEllQTJNc2VoOWI5MWc9PUJnaERBdWJDSVFZNElUV1M3dnVaVGc9PSIsInYiOiIxIn0=?usertype=External&bwid=0000016c-8aef-d9d7-a1fd-dfffe8d70000&qid=6770519&cti=LSCH&uc=1320041183&et=CURATED_HIGHLIGHTS&emc=blwnw_hlt:11&context=email&email=0000016c-8b5a-da22-a7ff-af5bbfbf0000>:

A federal judge in Los Angeles rejected the city’s request to throw out a National Rifle Association lawsuit challenging a new law that requires contractors to disclose all business ties to the organization.
The NRA says the law violates its First Amendment rights to free speech and association by discriminating against the group over its viewpoints and trying to freeze out its corporate supporters.
U.S. District Judge Stephen Wilson on Aug. 12 rejected the city’s argument that contractors’ involvement with the NRA—such as offering discounts—isn’t “expressive” within the meaning of the First Amendment.
“That is rejected,” Wilson, an appointee of former President Ronald Reagan, said at a hearing on the city’s request. “It is expressive, so there is a First Amendment issue.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Census Bureau Will Be Creating Block-Level Citizenship Data–a Way Around Supreme Court Ruling Which Could Allow States to Draw Citizen-Only Districts Hurting Latinos and Democrats<https://electionlawblog.org/?p=106892>
Posted on August 13, 2019 3:35 pm<https://electionlawblog.org/?p=106892> by Rick Hasen<https://electionlawblog.org/?author=3>

See the thread from Tierney Sneed beginning here<https://twitter.com/Tierney_Megan/status/1161392921599496192>:
[cid:image003.jpg at 01D55275.EBD984D0]<https://twitter.com/Tierney_Megan>
<https://twitter.com/Tierney_Megan>
Tierney Sneed<https://twitter.com/Tierney_Megan>
✔@Tierney_Megan<https://twitter.com/Tierney_Megan>

<https://twitter.com/Tierney_Megan/status/1161392921599496192>

NEW via Rep. Pressley's office: Census Bureau, in written response confirms, that it will be producing block level data on citizenship voting age population
[View image on Twitter]<https://twitter.com/Tierney_Megan/status/1161392921599496192/photo/1>
<https://twitter.com/intent/like?tweet_id=1161392921599496192>
24<https://twitter.com/intent/like?tweet_id=1161392921599496192>
2:43 PM - Aug 13, 2019<https://twitter.com/Tierney_Megan/status/1161392921599496192>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/Tierney_Megan/status/1161392921599496192>
34 people are talking about this<https://twitter.com/Tierney_Megan/status/1161392921599496192>

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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Stacey Abrams Will Not Run for President in 2020, Focusing Instead on Fighting Voter Suppression”<https://electionlawblog.org/?p=106890>
Posted on August 13, 2019 2:16 pm<https://electionlawblog.org/?p=106890> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT reports.<https://www.nytimes.com/2019/08/13/us/politics/stacey-abrams-fair-fight-2020.html?emc=rss&partner=rss>
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Why Are Florida Republicans So Afraid of People Voting?”<https://electionlawblog.org/?p=106888>
Posted on August 13, 2019 2:14 pm<https://electionlawblog.org/?p=106888> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT Editorial<https://www.nytimes.com/2019/08/10/opinion/sunday/florida-vote.html>:

As the lawmakers surely knew when they wrote the law, they would be re-disenfranchising a large number of people who just had their rights restored. Only about one in five Floridians with criminal records have fully paid their financial obligations, according to an estimate<https://www.aclu.org/legal-document/gruver-v-barton-expert-report-daniel-smith> by an expert in voting and elections at the University of Florida, who analyzed data from 48 of Florida’s 67 counties. (The estimate is included in a brief filed by the American Civil Liberties Union, which has joined with several other voting-rights groups in suing the state over the new law<https://www.nytimes.com/2019/06/28/us/florida-felons-voting-rights.html?module=inline>.) That number is no surprise: People convicted of crimes are more likely to be poor. Fines and fees can often run into the thousands or tens of thousands of dollars, but for many, even a debt of a few hundred dollars is more than they can manage, a problem that’s compounded by the fact that it’s difficult to get a job when you have a criminal record. In other words, the state is telling people they’re too poor to vote.

This once was known as a poll tax, which Southern states like Florida used in the later 19th century and well into the 20th century to keep their newly freed but still impoverished black citizens from voting. Poll taxes were popular because they were effective. By 1940, only 3 percent of black people in Florida were registered to vote. The practice was finally banned in 1964, by the 24th Amendment<https://constitutioncenter.org/interactive-constitution/amendments/amendment-xxiv>.

The expert is Dan Smith and his report is here<https://www.aclu.org/legal-document/gruver-v-barton-expert-report-daniel-smith>.
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Posted in felon voting<https://electionlawblog.org/?cat=66>

EAC Commissioner Christy McCormick Gives Presentation Arguing Against Automatic Voter Registration, Suggesting It Violates the 1st Amendment and Raises “Security Concerns” About People Registering to Vote<https://electionlawblog.org/?p=106882>
Posted on August 13, 2019 10:38 am<https://electionlawblog.org/?p=106882> by Rick Hasen<https://electionlawblog.org/?author=3>

I understand that this presentation<https://comm.ncsl.org/productfiles/126372345/Presentation_Christy_McCormick.pdf> (backup version here<https://electionlawblog.org/wp-content/uploads/Presentation_Christy_McCormick.pdf>) at NCSL raised some eyebrows.

In my view, there is no good First Amendment argument against automatic voter registration, because any voter can choose not to register if they desire. This is in fact a frivolous argument.

And for one of the four commissioners of the U.S. Election Assistance Commission to discourage voter registration by raising “Security Concerns” is very discouraging.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Voting Machine Security: Where We Stand Six Months Before the New Hampshire Primary”<https://electionlawblog.org/?p=106880>
Posted on August 13, 2019 10:12 am<https://electionlawblog.org/?p=106880> by Rick Hasen<https://electionlawblog.org/?author=3>

Brennan Center<https://www.brennancenter.org/analysis/voting-machine-security-where-we-stand-six-months-new-hampshire-primary>:

In late July, the Senate Select Committee on Intelligence released its report on the Russian government’s attacks on America’s election infrastructure.[1]<https://www.brennancenter.org/analysis/voting-machine-security-where-we-stand-six-months-new-hampshire-primary#_edn1> While the report offered dozens of recommendations related to vast and varied election systems in the United States (from voter registration databases to election night reporting), it pointedly noted that there was an urgent need to secure the nation’s voting systems in particular.[2]<https://www.brennancenter.org/analysis/voting-machine-security-where-we-stand-six-months-new-hampshire-primary#_edn2> Among the two most important recommendations made were that states should (1) replace outdated and vulnerable voting systems with “at minimum… a voter-verified paper trail,” and (2) adopt statistically sound audits. These recommendations are not new and have been consistently made by experts since long before the 2016 election.[3]<https://www.brennancenter.org/analysis/voting-machine-security-where-we-stand-six-months-new-hampshire-primary#_edn3>

Last year, Congress provided $380 million to states to help with upgrades, but it wasn’t enough. This analysis, six months ahead of the first primary for 2020, examines the significant progress we’ve made in these two areas since 2016, and it catalogs the important and necessary work that is left to be done. . . .
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Posted in election administration<https://electionlawblog.org/?cat=18>, voting technology<https://electionlawblog.org/?cat=40>

The 2019 Election Law Teacher Database<https://electionlawblog.org/?p=106878>
Posted on August 13, 2019 10:01 am<https://electionlawblog.org/?p=106878> by Rick Hasen<https://electionlawblog.org/?author=3>

. . is now available at this link<https://electionlawblog.org/wp-content/uploads/Election-Law-Database-2019-1.xlsx>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D106878&title=The%202019%20Election%20Law%20Teacher%20Database>
Posted in pedagogy<https://electionlawblog.org/?cat=23>

--
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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