[EL] ELB News and Commentary 8/21/19

Tue Aug 20 21:00:02 PDT 2019

“Canada election: Charities warned against climate change ads”<https://electionlawblog.org/?p=106991>
Posted on August 20, 2019 8:41 pm<https://electionlawblog.org/?p=106991> by Rick Hasen<https://electionlawblog.org/?author=3>

BBC:<https://www.bbc.com/news/world-us-canada-49400492>

Canada’s election watchdog has warned environmentalists that saying climate change is real could break the law.

The issue arose because one party running in October’s election denies climate change is a threat.

That has led Elections Canada to warn groups that running paid advertisements about climate change could be considered partisan activity.

Advocates called the guidance “ludicrous” and say it will dampen urgent climate discussions.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>

“Sweeping change is coming for L.A. County voters. If things go wrong, he’ll get the blame”<https://electionlawblog.org/?p=106989>
Posted on August 20, 2019 3:28 pm<https://electionlawblog.org/?p=106989> by Rick Hasen<https://electionlawblog.org/?author=3>

LA Times deep dive <https://www.latimes.com/la-me-voting-ballot-dean-logan-los-angeles-county-20190609-story.html> on Dean Logan.
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Posted in election administration<https://electionlawblog.org/?cat=18>, election law biz<https://electionlawblog.org/?cat=51>, voting technology<https://electionlawblog.org/?cat=40>

“Massively Irresponsible” Claims about Alleged Google Manipulation of Voting Behavior<https://electionlawblog.org/?p=106979>
Posted on August 20, 2019 11:16 am<https://electionlawblog.org/?p=106979> by Richard Pildes<https://electionlawblog.org/?author=7>

That’s what I called the assertions from Dr. Robert Epstein in his July testimony to a Senate committee. Epstein’s non-peer reviewed report and testimony have gotten much more attention in the last couple of days after President Trump tweeted about them.

Business Insider has a long story<https://www.businessinsider.com/red-flags-in-trump-google-bias-millions-votes-report-2019-8> about this issue, which includes critical comments on Epstein’s work from a number of election experts, including Justin Levitt and Michael McDonald. Here’s my full quote:

“We absolutely have to worry about the social-media giants manipulating election-related information, whether intentionally or not,” Pildes said. “But it’s massively irresponsible to claim to know anything this specific and concrete about what information moved millions of voters to cast votes as they did.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Mexican man facing voter fraud trial in Sacramento. He’s a Trump supporter”<https://electionlawblog.org/?p=106986>
Posted on August 20, 2019 11:11 am<https://electionlawblog.org/?p=106986> by Rick Hasen<https://electionlawblog.org/?author=3>

SacBee reports.<https://www.sacbee.com/news/california/article234148752.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Minority voters disenfranchised in Sacramento suburbs? How cities are changing elections”<https://electionlawblog.org/?p=106984>
Posted on August 20, 2019 11:09 am<https://electionlawblog.org/?p=106984> by Rick Hasen<https://electionlawblog.org/?author=3>

SacBee<https://www.sacbee.com/news/local/article234151437.html>:

The city of Roseville may soon change how it elects council members, following a trend of Sacramento suburbs switching to “by-district” voting in the face of expensive litigation threats that claim “at-large” elections disenfranchise minority voters.
The Roseville City Council will hear a presentation Wednesday from city staff on district-based elections<https://roseville.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=6325&MeetingID=852>, which would divide the city into five districts and allow only residents from those areas to elect a council member who also resides in the area. Currently, residents across Roseville can vote among all candidates running for an open position via at-large voting.
Over the last few years, dozens of cities across California with “at-large” elections<https://www.sanluisobispo.com/news/local/article219053740.html> have been hit with demand letters under the California Voting Rights Act. The letters allege these elections discriminate against minority groups by limiting their ability to elect representation and influence election results.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Georgia voters challenge legality of new election system”<https://electionlawblog.org/?p=106982>
Posted on August 20, 2019 11:07 am<https://electionlawblog.org/?p=106982> by Rick Hasen<https://electionlawblog.org/?author=3>

AP:<https://www.yahoo.com/news/georgia-voters-challenge-validity-election-132458738.html>

Georgia voters who want hand-marked paper ballots are challenging the new election system state officials are rushing to implement in time for next year’s presidential primaries, saying the new touchscreen machines remain vulnerable and their results unverifiable, even though they produce paper records.
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Posted in election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>

“#BATTLEGROUNDAZ: AG Hires GOP Poll Watcher to Police State’s ‘Election Integrity'”<https://electionlawblog.org/?p=106980>
Posted on August 20, 2019 11:04 am<https://electionlawblog.org/?p=106980> by Rick Hasen<https://electionlawblog.org/?author=3>

Hmmm<https://www.12news.com/amp/article/news/politics/battlegroundaz-ag-hires-gop-poll-watcher-to-police-states-elections-integrity/75-3deabf8f-4cb5-4bc6-9fb0-f5f1d70a8c94?__twitter_impression=true>.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>

Michigan: “Benson, Nessel counter GOP lawsuit over redistricting commission”<https://electionlawblog.org/?p=106977>
Posted on August 20, 2019 11:01 am<https://electionlawblog.org/?p=106977> by Rick Hasen<https://electionlawblog.org/?author=3>

The Detroit News reports.<https://www.detroitnews.com/story/news/politics/2019/08/20/benson-nessel-counter-gop-lawsuit-over-redistricting-commission/2059602001/>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Mapmaker: The Gerrymandering game that puts the fun in undermining democracy”<https://electionlawblog.org/?p=106975>
Posted on August 20, 2019 10:56 am<https://electionlawblog.org/?p=106975> by Rick Hasen<https://electionlawblog.org/?author=3>

Ars Technica reports.<https://arstechnica.com/gaming/2019/08/mapmaker-the-gerrymandering-game-that-puts-the-fun-in-undermining-democracy/>
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Posted in redistricting<https://electionlawblog.org/?cat=6>

In Aggressive and Somewhat Bizarre Opinion, Divided 10th Circuit Panel Rejects Constitutional Challenge to Colorado Constitutional Amendment Making It Harder to Qualify Initiatives for Ballot<https://electionlawblog.org/?p=106973>
Posted on August 20, 2019 10:51 am<https://electionlawblog.org/?p=106973> by Rick Hasen<https://electionlawblog.org/?author=3>

On a 2-1 vote<https://www.ca10.uscourts.gov/opinions/18/18-1123.pdf>, a 10th Circuit panel has rejected a constitutional challenge to a provision of the Colorado Constitution requiring those who gather signatures for ballot measures to collect signatures from at least two percent of registered voters in each of Colorado’s thirty-five state senate districts. Plaintiffs argued the measure violated the Equal Protection Clause.

The district court not only rejected Colorado motion to dismiss, it entered judgment in favor of the plaintiffs on the equal protection challenge, not reaching the First Amendment challenge also raised. The 10th circuit panel majority reversed and ruled for the defendant, rather than requiring a full trial looking at the evidence, finding the case governed by the Supreme Court’s decision in Evenwel v. Abbott, which the majority claims decided the issue. Judge Briscoe in dissent explains why the majority’s reliance on Evenwel is wrong, and further faults the 10th circuit for deciding the First Amendment issue which was not addressed by the lower court.
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Posted in direct democracy<https://electionlawblog.org/?cat=62>

Texas: “Gov. Greg Abbott names new secretary of state months after botched voter roll review”<https://electionlawblog.org/?p=106971>
Posted on August 19, 2019 8:43 pm<https://electionlawblog.org/?p=106971> by Rick Hasen<https://electionlawblog.org/?author=3>

Texas Tribune<https://www.texastribune.org/2019/08/19/texas-gov-greg-abbott-appoints-ruth-ruggero-hughs-new-secretary-state/>:

After losing his last chief election officer over a botched review of the state’s voter rolls, Gov. Greg Abbott<https://www.texastribune.org/directory/greg-abbott/> on Monday appointed a new secretary of state: Ruth Ruggero Hughs.

Ruggero Hughs is moving from the Texas Workforce Commission, which she has chaired since August 2018. She joins the secretary of state’s office nearly three months after Democratic senators blocked the confirmation of her predecessor, David Whitley, who questioned the voter registration of thousands of naturalized citizens.

Whitley resigned on May 27, lacking enough votes in the Texas Senate to keep the job after he oversaw an effort to scour the voter rolls for supposed noncitizens. The review instead threatened the voting rights of tens of thousands of voters of color, landed the state in federal court and prompted a congressional inquiry into voting rights violations….

By waiting to retire until the last day of the legislative session, Whitley allowed Abbott to pick his replacement without needing a confirmation vote from the Texas Senate, which will be unable to vet his new pick until lawmakers return to the Capitol in January 2021.

The Texas Constitution states that the governor shall “without delay” make another appointment to fill a vacancy in the secretary of state’s office. Abbott’s office did not previously respond to questions about why the post remained vacant much longer than when he replaced previous secretaries of state.
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Posted in election administration<https://electionlawblog.org/?cat=18>, election law biz<https://electionlawblog.org/?cat=51>, The Voting Wars<https://electionlawblog.org/?cat=60>

--
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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