[EL] ELB News and Commentary 2/7/19

Thu Feb 7 08:36:08 PST 2019

“Fantastic! The EAC Is Officially Four Again”<https://electionlawblog.org/?p=103524>
Posted on February 7, 2019 8:33 am<https://electionlawblog.org/?p=103524> by Rick Hasen<https://electionlawblog.org/?author=3>

Doug Chapin<http://editions.lib.umn.edu/electionacademy/2019/02/07/fantastic-the-eac-is-officially-four-again/?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Academy%29>:

Yesterday, the U.S. Election Assistance Commission (EAC) was formally restored to full membership for the first time in nearly ten years with the swearing in of two new recently confirmed Commissioners. … Full membership puts the EAC formally back in the game on many issues, including voting system standards and management of federal election administration funding, and ensures that the EAC can continue to support the work to collect and analyze data on state and local election administration nationwide.
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Posted in election administration<https://electionlawblog.org/?cat=18>, Election Assistance Commission<https://electionlawblog.org/?cat=34>

Trump, in Gaffe, Says “Abolition of Civil Rights” Among America’s Greatest Accomplishments Led by People of Faith<https://electionlawblog.org/?p=103522>
Posted on February 7, 2019 8:29 am<https://electionlawblog.org/?p=103522> by Rick Hasen<https://electionlawblog.org/?author=3>
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Kyle Griffin<https://twitter.com/kylegriffin1>
✔@kylegriffin1<https://twitter.com/kylegriffin1>

<https://twitter.com/kylegriffin1/status/1093522333820694528>

Trump says that some of America's greatest accomplishments, including the "abolition of civil rights," have been led by people of faith. Via Fox
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Needing Democratic support, Texas’ secretary of state faces a rocky path to confirmation”<https://electionlawblog.org/?p=103520>
Posted on February 7, 2019 8:26 am<https://electionlawblog.org/?p=103520> by Rick Hasen<https://electionlawblog.org/?author=3>

Texas Tribune<https://www.texastribune.org/2019/02/06/david-whitley-could-face-tough-confirmation-texas-secretary-state/>:

Although Republicans hold 19 seats in the 31-seat upper chamber and can largely consider legislation without the say of any Democrat, Whitley needs a two-thirds vote among the senators present when the full Senate votes on his nomination. That means even with the votes of all of the Republicans, he’ll need at least some Democratic support unless several senators are gone the day of the vote.

Whether he’ll clear that hurdle remains a question. Democrats on the Nominations Committee say they’re heading into Thursday’s hearing with a set of what are likely to be blistering questions about whether Whitley acted to suppress the votes of naturalized citizens.
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Posted in election administration<https://electionlawblog.org/?cat=18>

SCOTUSBlog Begins Symposium on Partisan Gerrymandering Cases<https://electionlawblog.org/?p=103518>
Posted on February 7, 2019 8:20 am<https://electionlawblog.org/?p=103518> by Rick Hasen<https://electionlawblog.org/?author=3>

You can find the initial entries here (I will update when there are more entries–I declined to participate in the symposium because like Justice Kennedy I remain uncertain about how these cases should be handled):

Special Feature: Symposium before the oral arguments in Rucho v. Common Cause and Lamone v. Benisek
Date

Author

Post Title

02.06.19

Daniel Tokaji<https://www.scotusblog.com/author/daniel-tokaji/>

Symposium: How to win the partisan-gerrymandering cases<https://www.scotusblog.com/2019/02/symposium-how-to-win-the-partisan-gerrymandering-cases/>

02.05.19

Derek Muller<https://www.scotusblog.com/author/derek-muller/>

Symposium: Why not continue the political struggle in partisan-gerrymandering cases?<https://www.scotusblog.com/2019/02/symposium-why-not-continue-the-political-struggle-in-partisan-gerrymandering-cases/>

02.04.19

Amy Howe<https://www.scotusblog.com/author/amy-howe/>

Justices to tackle partisan gerrymandering … again: In Plain English<https://www.scotusblog.com/2019/02/justices-to-tackle-partisan-gerrymandering-again-in-plain-english/>

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Posted in redistricting<https://electionlawblog.org/?cat=6>, Supreme Court<https://electionlawblog.org/?cat=29>

“Racial Gerrymander Defender Next in Line if Va. Dems Go”<https://electionlawblog.org/?p=103516>
Posted on February 7, 2019 7:34 am<https://electionlawblog.org/?p=103516> by Rick Hasen<https://electionlawblog.org/?author=3>

USLW<https://www.bloomberglaw.com/product/blaw/exp_blp/ewogICAgImN0eHQiOiAiRE9DIiwKICAgICJpZCI6ICJYODczRTFQQzAwMDAwMD9yZXNvdXJjZV9pZD1kMjZlMTVmNWY4NjE2YzJhZGQ3MGRlZWIxMzEwMWVhNSIsCiAgICAic2lnIjogIjhNVWhJRVJhTVZoRWNnZjJSeFhkSHNKbm5pTT0iLAogICAgInRpbWUiOiAiMTU0OTU1MTY5NCIsCiAgICAidXVpZCI6ICI4M1FMbSs5WGxQZDNEd3dKem5FK1VRPT02WGhuTm4xUDkya2pJSDkyVUVOYkpBPT0iLAogICAgInYiOiAiMSIKfQo=?emc=BLAW:227081587:1>:

A constitutional crisis mainly driven by race and threatening to wipe out the Democratic executive leadership in Virginia could elevate a Republican fighting to preserve state voting districts that critics say disadvantage blacks.

Kirk Cox, now the speaker of the Virginia House of Delegates, is fourth in line to take over the governorship imperiled by black face controversies involving Gov. Ralph Northam and Attorney General Mark Herring, and a sexual assault allegation, which he denies, against Lt. Gov. Justin Fairfax, who’d become the second black governor and the first in 25 years if he succeeds his boss.

Cox, 61, is a conservative in a state that continues to struggle to fully shed an ugly historical racial legacy while simultaneously becoming a model for political diversity and an economic powerhouse that’s just lured Amazon to its northern suburbs.

The gerrymandering case, which is set to be argued<https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-281.html> at the Supreme Court on March 18, isn’t related to the unfolding scandal in Richmond, but it does layer on another element of race to its politics.
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Posted in redistricting<https://electionlawblog.org/?cat=6>

FEC Adjusts Individual Contribution Limit for Inflation to $2,800 per person per election<https://electionlawblog.org/?p=103514>
Posted on February 7, 2019 7:31 am<https://electionlawblog.org/?p=103514> by Rick Hasen<https://electionlawblog.org/?author=3>
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BREAKING: FEC releases new contribution limits for federal campaigns, parties and pacs for 2019-20.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, federal election commission<https://electionlawblog.org/?cat=24>

“Billionaires Flooded Republicans’ Coffers Just Before the Tax Cuts Passed”<https://electionlawblog.org/?p=103512>
Posted on February 7, 2019 7:28 am<https://electionlawblog.org/?p=103512> by Rick Hasen<https://electionlawblog.org/?author=3>

Mother Jones:<https://www.motherjones.com/politics/2019/02/billionaires-flooded-republicans-coffers-just-before-the-tax-cuts-passed/>

From the looks of it, GOP politicians got what they wanted, too. From the time the tax bill was first introduced on Nov. 2, 2017, until the end of the year, a 60-day period, dozens of billionaires and millionaires dramatically boosted their political contributions unlike they had in past years, giving a total of $31.1 million in that two months, a Center for Public Integrity <https://publicintegrity.org/> analysis of data from the Center for Responsive Politics found.

The Center’s analysis found that 144 wealthy donors, some household names and some behind-the-scenes, contributed at least $50,000 to Republicans and conservative groups in that time frame. For 87 of those, three out of five, the surge of giving at year’s end reflected a marked change in their giving behavior. These well-heeled donors increased the share of their annual giving in the last two months of 2017 compared with previous off-year elections going back to 2009.

The timing of the donations provides “a solid block of evidence that points to some very grateful people rewarding their champions.”
Most telling, say campaign finance experts, is that 25 wealthy donors gave all their 2017 money in the final two months of the year, the first time they did so during the previous four off-election years—2009, 2011, 2013, 2015, according to the Center’s analysis of data collected by the Center for Responsive Politics. The contributions the Center analyzed do not include the hundreds of millions of dollars given to dark money groups<https://publicintegrity.org/federal-politics/what-is-political-dark-money-and-is-it-bad/>, which are not required to identify donors.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>

“Inaccurate claims of noncitizen voting in Texas reflect a growing trend in Republican states”<https://electionlawblog.org/?p=103510>
Posted on February 6, 2019 9:22 pm<https://electionlawblog.org/?p=103510> by Rick Hasen<https://electionlawblog.org/?author=3>

Amy Gardner reports <https://www.washingtonpost.com/politics/inaccurate-claims-of-noncitizen-voting-in-texas-reflect-a-growing-trend-in-republican-states/2019/02/06/af376fb0-2994-11e9-b011-d8500644dc98_story.html?utm_term=.ee4fc73e0c4a> for WaPo.
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Posted in election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>

With Democrats Surprisingly Winning Some Judicial Elections in Texas, There’s Talk of Move to Nonpartisan Elections<https://electionlawblog.org/?p=103508>
Posted on February 6, 2019 9:17 pm<https://electionlawblog.org/?p=103508> by Rick Hasen<https://electionlawblog.org/?author=3>

Howard<https://howappealing.abovethelaw.com/2019/02/06/#86398> has the details.
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Posted in judicial elections<https://electionlawblog.org/?cat=19>, Uncategorized<https://electionlawblog.org/?cat=1>

“What Is Voter Suppression?”<https://electionlawblog.org/?p=103506>
Posted on February 6, 2019 9:00 pm<https://electionlawblog.org/?p=103506> by Rick Hasen<https://electionlawblog.org/?author=3>

Laura Brill blogs.<https://thecivicscenter.org/blog/2019/2/6/what-is-voter-suppression>
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“83,000 Florida voters cast ballots that didn’t count in November”<https://electionlawblog.org/?p=103504>
Posted on February 6, 2019 1:12 pm<https://electionlawblog.org/?p=103504> by Rick Hasen<https://electionlawblog.org/?author=3>

Tampa Bay Times<https://www.tampabay.com/florida-politics/buzz/2019/02/06/83000-voters-cast-ballots-that-didnt-count-in-november/>:

Whether they meant to or not, more than 83,000 Florida voters didn’t cast a valid vote for governor, according to a new report prepared by state officials.

The combined total of invalid ballots outnumbered Republican Ron DeSantis’s margin of victory over Democrat Andrew Gillum by more than 50,000 votes. The race between DeSantis and Gillum was so close that it triggered an automatic statewide recount.

More than 8.2 million votes were cast in the high-profile race for governor that attracted national attention. The total number of “non-valid votes” was 1 percent, which was a lower rate than either the 2016 presidential election or the 2014 governor’s race.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“California Voting Rights Act survives legal challenge, but it’s not over”<https://electionlawblog.org/?p=103502>
Posted on February 6, 2019 11:42 am<https://electionlawblog.org/?p=103502> by Rick Hasen<https://electionlawblog.org/?author=3>

Bob Egelko report<https://www.sfchronicle.com/news/article/California-Voting-Rights-Act-survives-legal-13592466.php?src=hp_totn>s for the SF Chronicle.
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Posted in Voting Rights Act<https://electionlawblog.org/?cat=15>

“New opinion — Third Circuit strikes down Delaware’s requirement that state judges be Democrats or Republicans”<https://electionlawblog.org/?p=103500>
Posted on February 6, 2019 7:49 am<https://electionlawblog.org/?p=103500> by Rick Hasen<https://electionlawblog.org/?author=3>

CA3 Blog<http://ca3blog.com/cases/new-opinion-third-circuit-strikes-down-delawares-requirement-that-state-judges-be-democrats-or-republicans/>:

The Delaware Constitution sets out a unique method for selecting state-court judges: the Governor appoints them (based on recommendations from nominating commissions, and without legislative involvement) subject to a requirement that the judges of each court contain a balance of Democrats and Republicans. For example, ” three of the five Justices of the Supreme Court in office at the same time, shall be of one major political party, and two of said Justices shall be of the other major political party.” The goal was to create a bipartisan state judiciary, but one effect was to exclude candidates who aren’t members of either of the two major parties.

A Delaware lawyer who is registered as an Independent challenged the political-affiliation requirement as a violation of his First Amendment rights. The district court denied his challenge, ruling that restricting judgeship eligibility based on political affiliation was allowed because judges qualify as policymakers. Today the Third Circuit reversed, holding that judicial officers, whether appointed or elected, are not policymakers. In so holding, the court split with the Sixth and Seventh Circuits. The court also rejected the governor’s argument that the state’s interest in political balance supports its requirement, holding that even if the interest qualifies as vital the rule is not narrowly tailored to meet it. The court also rejected the Governor’s challenge to standing.
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Posted in judicial elections<https://electionlawblog.org/?cat=19>, third parties<https://electionlawblog.org/?cat=47>

“With Kris Kobach Out Of Office, His Voting Policies Could Wither In Kansas”<https://electionlawblog.org/?p=103498>
Posted on February 6, 2019 7:27 am<https://electionlawblog.org/?p=103498> by Rick Hasen<https://electionlawblog.org/?author=3>

KCUR<https://www.kcur.org/post/kris-kobach-out-office-his-voting-policies-could-wither-kansas>:

Former Republican Kansas Secretary of State Kris Kobach rewrote the rules for voting in Kansas. Laws he pushed for required voters to show citizenship papers to register and ID at the polls. He secured prosecutorial powers for his office.

Kobach’s term only ended a couple weeks ago, but some cornerstones of his legacy are already starting to crumble.

A federal court knocked down the state’s voter registration rule last summer<https://www.kcur.org/post/federal-judge-rules-kansas-can-t-make-voters-show-citizenship-papers-register#stream/0>. Interstate Crosscheck, a voter records system that Kobach said could help states maintain their voter rolls and spot double voting, is currently on hold and could be abandoned.

The new secretary of state wants to take the spotlight off the office. Republican Scott Schwab was sworn in on Jan. 14 and quickly backed one significant change.
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Posted in election administration<https://electionlawblog.org/?cat=18>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>, The Voting Wars<https://electionlawblog.org/?cat=60>

--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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