[EL] ELB News and Commentary 12/31/19

Tue Dec 31 14:14:17 PST 2019

"John Lewis and the need to preserve history"<https://electionlawblog.org/?p=108613>
Posted on December 31, 2019 2:10 pm<https://electionlawblog.org/?p=108613> by Justin Levitt<https://electionlawblog.org/?author=4>

Brandon Tensley offers thoughts<https://www.cnn.com/2019/12/30/politics/john-lewis-cancer-diagnosis-civil-rights-history/index.html> on the occasion of Rep. John Lewis's announcement<https://twitter.com/repjohnlewis/status/1211661167728480256?s=20> of his fight against pancreatic cancer - the most recent courageous fight of an iconic career.

(We know that animal Twitter is heartwarming, sure.  But if you're looking for proof that political Twitter doesn't always have to be a train wreck, check out the replies to Rep. Lewis's message<https://twitter.com/repjohnlewis/status/1211661167728480256?s=20>.)
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108613&title=%E2%80%9CJohn%20Lewis%20and%20the%20need%20to%20preserve%20history%E2%80%9D>
Posted in Voting Rights Act<https://electionlawblog.org/?cat=15>

New apportionment estimates<https://electionlawblog.org/?p=108611>
Posted on December 31, 2019 2:10 pm<https://electionlawblog.org/?p=108611> by Justin Levitt<https://electionlawblog.org/?author=4>

Election Data Services<https://www.electiondataservices.com/wp-content/uploads/2019/12/NR_Appor19wTablesMaps.pdf> and Polidata<https://polidata.org/news.htm> have their new apportionment calculations up, based on the latest year-end Census estimates - they estimate the congressional seats apportioned to each state if the Census count follows past trends ... and if the count is accurate.  This time next year, we'll have the real numbers in hand.

CNN<https://www.cnn.com/2019/12/31/politics/census-2020-apportionment/index.html> has a recap, and Politico<https://www.politico.com/news/2019/12/30/redistricting-house-2020-091451> has a piece on the redistricting battles those seat changes portend.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108611&title=New%20apportionment%20estimates>
Posted in redistricting<https://electionlawblog.org/?cat=6>

"'Your Body Being Used': Where Prisoners Who Can't Vote Fill Voting Districts"<https://electionlawblog.org/?p=108609>
Posted on December 31, 2019 2:09 pm<https://electionlawblog.org/?p=108609> by Justin Levitt<https://electionlawblog.org/?author=4>

Hansi Lo Wang with an NPR report on prison gerrymandering<https://www.npr.org/sections/codeswitch/2019/12/31/761932806/your-body-being-used-where-prisoners-who-can-t-vote-fill-voting-districts>.

I've tried<http://redistricting.lls.edu/other/2015%20census%20residence%20comment.pdf> to convince the Census Bureau to change the way it counts people who are incarcerated, but no national change is coming this decade.  States and localities are waking up, though - the Prison Gerrymandering Projct<https://www.prisonersofthecensus.org/> has the latest tally of all the jurisdictions.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108609&title=%E2%80%9C%E2%80%99Your%20Body%20Being%20Used%E2%80%99%3A%20Where%20Prisoners%20Who%20Can%E2%80%99t%20Vote%20Fill%20Voting%20Districts%E2%80%9D>
Posted in redistricting<https://electionlawblog.org/?cat=6>

"Census Bureau Finds Latinos, Asians Sensitive to Now-Blocked Citizenship Question"<https://electionlawblog.org/?p=108607>
Posted on December 31, 2019 2:09 pm<https://electionlawblog.org/?p=108607> by Justin Levitt<https://electionlawblog.org/?author=4>

Hansi also covers<https://www.kut.org/post/census-bureau-finds-latinos-asians-sensitive-now-blocked-citizenship-question> the Census Bureau's final report<https://www2.census.gov/programs-surveys/decennial/2020/program-management/census-tests/2019/2019-census-test-report.pdf> on its 2019 test of placing a citizenship question on the decennial enumeration.  (That test, of course, was conducted after Secretary Ross had already decided to include the question.)

The final report finds little impact overall, but a significant impact on some sizable populations.  I also wonder whether the white-hot publicity over the citizenship question in 2019 artificially depressed the "control" group of individuals asked to respond to the test questionnaire without the additional question ... and the degree of any continuing reluctance to respond to the Census even with the citizenship question now legally barred.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108607&title=%E2%80%9CCensus%20Bureau%20Finds%20Latinos%2C%20Asians%20Sensitive%20to%20Now-Blocked%20Citizenship%20Question%E2%80%9D>
Posted in census litigation<https://electionlawblog.org/?cat=125>

"37 quotes that defined American politics in 2019"<https://electionlawblog.org/?p=108605>
Posted on December 31, 2019 2:08 pm<https://electionlawblog.org/?p=108605> by Justin Levitt<https://electionlawblog.org/?author=4>

I have to assume that quote #30<https://www.washingtonpost.com/politics/2019/12/31/quotes-that-defined-american-politics/> - from the SCOTUS decision on the census's citizenship question - is just a shameless attempt to get a retweet from @LeahLitman.  (Hi, Leah!)
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108605&title=%E2%80%9C37%20quotes%20that%20defined%20American%20politics%20in%202019%E2%80%9D>
Posted in census litigation<https://electionlawblog.org/?cat=125>

"Feds: No Evidence Hackers Disrupted North Carolina Voting"<https://electionlawblog.org/?p=108603>
Posted on December 31, 2019 2:07 pm<https://electionlawblog.org/?p=108603> by Justin Levitt<https://electionlawblog.org/?author=4>

With lots of election security concerns in the air, a problem in 2016 with electronic pollbooks in Durham County generated a fair amount of attention.  At the time, it didn't look like a malicious incursion, but that didn't stop speculation, particularly in the aftermath of the Mueller Report.  And it was a good idea to do a real investigation, just to check.

Yesterday, DHS released a heavily redacted report<https://s3.amazonaws.com/dl.ncsbe.gov/Investigations/CISA_Durham_2016_Report_Released_December_30_2019.pdf> on the results of the investigation, confirming no evidence of anything malicious.  More of a summary here<https://hosted.ap.org/clevelandbanner/article/209ca7ecdebf1261ba309c3effb3be23/feds-no-evidence-hackers-disrupted-north-carolina-voting>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108603&title=%E2%80%9CFeds%3A%20No%20Evidence%20Hackers%20Disrupted%20North%20Carolina%20Voting%E2%80%9D>
Posted in chicanery<https://electionlawblog.org/?cat=12>, Election Meltdown<https://electionlawblog.org/?cat=127>, voting technology<https://electionlawblog.org/?cat=40>

Purges and the 2020 election<https://electionlawblog.org/?p=108601>
Posted on December 31, 2019 2:06 pm<https://electionlawblog.org/?p=108601> by Justin Levitt<https://electionlawblog.org/?author=4>

Sam Levine, from his new post at the Guardian, with a report<https://www.theguardian.com/us-news/2019/dec/31/voter-purges-republicans-2020-elections-trump>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108601&title=Purges%20and%20the%202020%20election>
Posted in NVRA (motor voter)<https://electionlawblog.org/?cat=33>, voter registration<https://electionlawblog.org/?cat=37>

"What Campaign Finance Enforcement Could Look Like in 2020"<https://electionlawblog.org/?p=108599>
Posted on December 31, 2019 2:06 pm<https://electionlawblog.org/?p=108599> by Justin Levitt<https://electionlawblog.org/?author=4>

Campaigns & Elections magazine looks to the year ahead<https://www.campaignsandelections.com/campaign-insider/what-campaign-finance-enforcement-could-look-like-in-2020>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108599&title=%E2%80%9CWhat%20Campaign%20Finance%20Enforcement%20Could%20Look%20Like%20in%202020%E2%80%9D>
Posted in campaign finance<https://electionlawblog.org/?cat=10>

"Independent Citizens Redistricting Commission applications mailed out"<https://electionlawblog.org/?p=108597>
Posted on December 31, 2019 2:05 pm<https://electionlawblog.org/?p=108597> by Justin Levitt<https://electionlawblog.org/?author=4>

Michigan's new independent commission law requires the Secretary of State to send hundreds of thousands of applications to randomly selected citizens ... and the applications are now in the mail<https://wkzo.com/news/articles/2019/dec/30/independent-citizens-redistricting-commission-applications-mailed-out/970424/>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108597&title=%E2%80%9CIndependent%20Citizens%20Redistricting%20Commission%20applications%20mailed%20out%E2%80%9D>
Posted in citizen commissions<https://electionlawblog.org/?cat=7>, redistricting<https://electionlawblog.org/?cat=6>

"Final Pennsylvania county OKs new paper-trail voting system"<https://electionlawblog.org/?p=108595>
Posted on December 31, 2019 2:05 pm<https://electionlawblog.org/?p=108595> by Justin Levitt<https://electionlawblog.org/?author=4>

Dauphin County is the last over the line<https://papost.org/2019/12/30/pennsylvania-counties-make-year-end-deadline-for-picking-new-voting-systems-but-still-have-to-contend-with-changes-to-state-election-code/> to purchase a new voting system with a paper trail, right at the deadline.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108595&title=%E2%80%9CFinal%20Pennsylvania%20county%20OKs%20new%20paper-trail%20voting%20system%E2%80%9D>
Posted in election administration<https://electionlawblog.org/?cat=18>, voting technology<https://electionlawblog.org/?cat=40>

"Beauty on the Ballot: Candidates' Attractiveness Plays Role in Voters' Decisions, Especially in U.S."<https://electionlawblog.org/?p=108593>
Posted on December 31, 2019 2:04 pm<https://electionlawblog.org/?p=108593> by Justin Levitt<https://electionlawblog.org/?author=4>

A study by Sebastian Jäckle et al. finds an advantage up to 11%<https://www.studyfinds.org/beauty-on-the-ballot-candidates-attractiveness-plays-role-in-voters-decisions-especially-in-u-s/> for congressional candidates based on appearance alone.  The study itself - titled "A Catwalk to Congress" - is here<https://journals.sagepub.com/doi/10.1177/1532673X19875710>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108593&title=%E2%80%9CBeauty%20on%20the%20Ballot%3A%20Candidates%E2%80%99%20Attractiveness%20Plays%20Role%20in%20Voters%E2%80%99%20Decisions%2C%20Especially%20in%20U.S.%E2%80%9D>
Posted in campaigns<https://electionlawblog.org/?cat=59>

"Federal Judge Won't Undo Georgia Voter Purge"<https://electionlawblog.org/?p=108589>
Posted on December 30, 2019 1:04 pm<https://electionlawblog.org/?p=108589> by Justin Levitt<https://electionlawblog.org/?author=4>

On Friday, the federal court rejected a preliminary injunction<https://www.courthousenews.com/wp-content/uploads/2019/12/Georgia.pdf> seeking to reinstate about 98,000 registration entries who had not responded to notices or contacted election officials since January 1, 2012 - declining (under Pennhurst) to issue a federal order enforcing state law, and otherwise finding insufficient proof of severe constitutional burden.  More here<https://www.nytimes.com/aponline/2019/12/27/us/ap-us-voter-purge-georgia.html> and here<https://www.nytimes.com/2019/12/27/us/elections/georgia-voters-purge.html>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108589&title=%E2%80%9CFederal%20Judge%20Won%E2%80%99t%20Undo%20Georgia%20Voter%20Purge%E2%80%9D>
Posted in NVRA (motor voter)<https://electionlawblog.org/?cat=33>, voter registration<https://electionlawblog.org/?cat=37>

While in Wisconsin, a purge sits temporarily on hold...<https://electionlawblog.org/?p=108587>
Posted on December 30, 2019 1:04 pm<https://electionlawblog.org/?p=108587> by Justin Levitt<https://electionlawblog.org/?author=4>

The lede from the Milwaukee Journal-Sentinel<https://www.jsonline.com/story/news/politics/2019/12/30/wisconsin-elections-commission-deadlocks-keeps-voters-rolls/2773817001/>:

"The Wisconsin Elections Commission deadlocked Monday over whether to remove the voter registrations of more than 200,000 people in response to a judge's order.  The commission's inability to reach a consensus means the voters will stay on the rolls for at least the time being."

There are dueling cases here - a state case with an order from a trial judge to remove voters from the rolls, currently on appeal, and a federal case seeking an order to keep the voters on the rolls.  It appears that approximately 88,000 or so of the entries correspond to people who have moved within the same municipality.  Wisconsin, with same-day registration, is exempt from federal NVRA provisions limiting purges of the rolls.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108587&title=While%20in%20Wisconsin%2C%20a%20purge%20sits%20temporarily%20on%20hold%E2%80%A6>
Posted in NVRA (motor voter)<https://electionlawblog.org/?cat=33>, voter registration<https://electionlawblog.org/?cat=37>

A Happy New Year to All<https://electionlawblog.org/?p=108615>
Posted on December 31, 2019 2:11 pm<https://electionlawblog.org/?p=108615> by Justin Levitt<https://electionlawblog.org/?author=4>

May your '20s be even better than you allow yourself to imagine.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108615&title=A%20Happy%20New%20Year%20to%20All>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Justin Levitt   (he/him/his)
Associate Dean for Research
Professor of Law / Gerald T. McLaughlin Fellow

[LLS logo]<https://lls.edu/>

Burns 335
919 Albany Street,
Los Angeles, CA 90015
Research on SSRN<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=698321>
lls.edu<https://lls.edu/> | Privacy + Legal<https://www.lmu.edu/copyright/>
Office
213.736.7417<tel:+12137367417>
Email
justin.levitt at lls.edu<mailto:justin.levitt at lls.edu>

[https://s3.amazonaws.com/lmuemailsignature/email-fb.png]<https://www.facebook.com/LoyolaLawSchool>[https://s3.amazonaws.com/lmuemailsignature/email-tw.png]<https://twitter.com/_justinlevitt_>[https://s3.amazonaws.com/lmuemailsignature/email-in-1.png]<https://www.instagram.com/loyolalawschool/>[https://s3.amazonaws.com/lmuemailsignature/email-li.png]<https://www.linkedin.com/in/justinlevitt/>[https://s3.amazonaws.com/lmuemailsignature/email-yt.png]<https://www.youtube.com/user/loyolalawschool>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20191231/36ccfdc0/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/20191231/36ccfdc0/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 2234 bytes
Desc: image004.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20191231/36ccfdc0/attachment-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 2362 bytes
Desc: image005.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20191231/36ccfdc0/attachment-0002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.png
Type: image/png
Size: 1582 bytes
Desc: image006.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20191231/36ccfdc0/attachment-0003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 2284 bytes
Desc: image007.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20191231/36ccfdc0/attachment-0004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.png
Type: image/png
Size: 2268 bytes
Desc: image008.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20191231/36ccfdc0/attachment-0005.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.png
Type: image/png
Size: 13752 bytes
Desc: image009.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20191231/36ccfdc0/attachment-0006.png>