[EL] ELB News and Commentary 2/5/19

Tue Feb 5 06:56:34 PST 2019

"Trump Inaugural Committee Ordered to Hand Over Documents to Federal Investigators"<https://electionlawblog.org/?p=103484>
Posted on February 5, 2019 6:54 am<https://electionlawblog.org/?p=103484> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/2019/02/04/us/politics/trump-inaugural-committee-subpoena.html>:

In the subpoena, investigators also showed interest in whether any foreigners illegally donated to the committee, as well as whether committee staff members knew that such donations were illegal, asking for documents laying out legal requirements for donations. Federal law prohibits foreign contributions to federal campaigns, political action committees and inaugural funds.

Prosecutors also requested all documents related to vendors and contractors with the inaugural committee, which raised a record $107 million<https://www.nytimes.com/2017/04/18/us/politics/trump-inauguration-fundraising.html?module=inline> and spent lavishly.

People familiar with the subpoena said prosecutors are interested in potential money laundering as well as election fraud, though it is possible that the prosecutors do not suspect the inaugural committee of such violations. The prosecutors cited those crimes in the subpoena simply as justification for their demand for documents, the people said.
Only one individual was named as part of the subpoena's demand for documents: Imaad Zuberi, a former fund-raiser for President Barack Obama and Hillary Clinton who was seeking inroads with Mr. Trump, and whose company, Avenue Ventures, gave $900,000 to the inaugural committee. The subpoena also seeks documents related to his company.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>

Elections Matter Dep't: Michigan Withdraws Support for Kansas in Documentary Proof of Citizenship Case<https://electionlawblog.org/?p=103480>
Posted on February 5, 2019 6:46 am<https://electionlawblog.org/?p=103480> by Rick Hasen<https://electionlawblog.org/?author=3>

Michigan withdrew its support of amicus brief in Fish v. Schwab (formerly, Fish v. Kobach) supporting Kansas's position that the risk of noncitizen voting justifies a documentary proof of citizenship requirement for voter registration. The withdrawal<https://electionlawblog.org/?attachment_id=103482> cites the change in the AG from a Republican to a Democrat.

Oral argument before the 10th Circuit in this case is Mar. 18.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

"New emails show Michigan GOP used maps to consolidate Republican power"<https://electionlawblog.org/?p=103477>
Posted on February 4, 2019 4:27 pm<https://electionlawblog.org/?p=103477> by Rick Hasen<https://electionlawblog.org/?author=3>

Bridge MI:<https://www.bridgemi.com/public-sector/new-emails-show-michigan-gop-used-maps-consolidate-republican-power>

New evidence submitted on the eve of a landmark trial challenging Michigan's GOP-drawn legislative districts appears to strengthen the claim the maps were drawn in 2011 for partisan, Republican gain.

Emails and other documents filed over the weekend in federal court show that Republicans saw the redistricting process as a way to consolidate its power and ensure a GOP majority in the state house, senate and the U.S. Congressional delegation.

"Now that we had a spectacular election outcome, it's time to make sure Democrats cannot take it away from us in 2011 and 2012," according to a "redistricting essentials" memo<https://s3.us-east-2.amazonaws.com/files.bridgemi.mike/Ex587.pdf> issued in November, 2010, by the national Republican Party and shared with the Michigan GOP just after it swept to historic majorities in Michigan.
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Posted in redistricting<https://electionlawblog.org/?cat=6>, Uncategorized<https://electionlawblog.org/?cat=1>

"A Commissioner's Guide to Redistricting in Michigan"<https://electionlawblog.org/?p=103475>
Posted on February 4, 2019 3:05 pm<https://electionlawblog.org/?p=103475> by Rick Hasen<https://electionlawblog.org/?author=3>

Sam Wang<http://election.princeton.edu/2019/02/04/princeton-policy-workshop-implementing-michigans-redistricting-commission/>:

Today we're releasing a detailed report on Michigan's new Independent Citizens' Redistricting Commission!

In November, Michigan voters overwhelmingly approved an amendment to their state constitution to remove the power of the state legislature to draw legislative and Congressional district boundaries. The vote was a victory for those seeking to end gerrymandering, but it's the only the beginning of a process.

The Princeton Gerrymandering Project has been helping master's of public policy students at the Woodrow Wilson School to prepare a report highlighting best practices in forming the commission and in executing its constitutional duties. The report is titled A Commissioner's Guide to Redistricting in Michigan. You can read it here<http://gerrymander.princeton.edu/michigan/>, or download a PDF<http://gerrymander.princeton.edu/assets/docs/Princeton_MI_report.pdf>.
Among our major findings:

By establishing explicit guidelines and hiring bipartisan or nonpartisan staff, the Commission will build trust in a new political institution.

Example maps show that a wide range of partisan outcomes is possible. An evenhanded approach is necessary to ensure partisan fairness.

The criteria enumerated in the new constitutional amendment should ensure representation of communities of interest and avoid bias against political parties.

Data-based tools for visualizing communities of interest will maximize the impact of public input.
...
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Posted in redistricting<https://electionlawblog.org/?cat=6>

Federal District Court Will Hear Motion for Preliminary Injunction on Feb. 19 from CLC and LULAC in Texas Voter Purge Case<https://electionlawblog.org/?p=103472>
Posted on February 4, 2019 3:00 pm<https://electionlawblog.org/?p=103472> by Rick Hasen<https://electionlawblog.org/?author=3>

Motion here<https://campaignlegal.org/sites/default/files/2019-02/Doc%208%20Motion%20for%20Preliminary%20Injunction.pdf>.

See also this declaration<https://campaignlegal.org/sites/default/files/2019-02/Doc%208-3%20Elfant%20Declaration.pdf> of Bruce J. Elfant, the elections administrator of Travis County. Elfant says that Travis County is in the midst of a review of voter registration records on Friday and determined that approximately 29% of the people reviewed were incorrectly identified as noncitizens by Whitley. In the declaration, he expresses concern "about the validity of the process that has been set in motion by the SOS Advisory and the subsequent SOS communications about flaws in the data that the SOS has sent out."

[This post has been updated and edited.]
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

Federal District Court Grants Motion to Dismiss Constitutional Challenge to California Voting Rights Act in Poway Case<https://electionlawblog.org/?p=103469>
Posted on February 4, 2019 12:06 pm<https://electionlawblog.org/?p=103469> by Rick Hasen<https://electionlawblog.org/?author=3>

You can read the 15-page opinion and order here<https://electionlawblog.org/wp-content/uploads/higginson-mtd.pdf>.
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Posted in Voting Rights Act<https://electionlawblog.org/?cat=15>

Another Lawsuit Filed Against Texas Claims of Noncitizen Voting/Attempted Voter Purge<https://electionlawblog.org/?p=103467>
Posted on February 4, 2019 10:31 am<https://electionlawblog.org/?p=103467> by Rick Hasen<https://electionlawblog.org/?author=3>

Complaint<https://www.aclutx.org/sites/default/files/move_et_al._v._whitley_et_al.pdf> (via Chris Geidner<https://twitter.com/chrisgeidner/status/1092489762575921152>).
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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>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>
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