[EL] more news 2/22/19

Fri Feb 22 14:24:34 PST 2019

Breaking: North Carolina State Court Rules State Voter ID Constitutional Amendment is Void Because Enacted by a Racially Gerrymandered Legislature; Not Clear if Ruling Will Stand<https://electionlawblog.org/?p=103731>
Posted on February 22, 2019 2:22 pm<https://electionlawblog.org/?p=103731> by Rick Hasen<https://electionlawblog.org/?author=3>

Release<https://www.southernenvironment.org/news-and-press/press-releases/court-voids-two-constitutional-amendments>:

The Wake County Superior Court today ruled<https://www.southernenvironment.org/uploads/words_docs/doc03389420190222171503.pdf> that the illegally gerrymandered North Carolina General Assembly did not have legal authority to place constitutional amendments on the ballot because it did not act with the full will of the people of North Carolina.  The court voided two constitutional amendment proposals – related to imposing a photo voter ID requirement and lowering the state income tax cap – that were hurriedly enacted in the final 2018 special session of the illegally-constituted legislature before it left office.
Judge Bryan Collins of the Wake County Superior ruled that “[a]n illegally constituted General Assembly does not represent the people of North Carolina and is therefore not empowered to pass legislation that would amend the state’s Constitution.” As a result, the two amendments challenged by the plaintiffs are void, and the constitution will revert to its earlier form.

It is not at all clear that this ruling will stand. Aside from the fact that these amendments went before voters for a popular vote (which was not called into question), this ruling would seem to call into question all the actions of the General Assembly based upon the improper drawing of districts. I have not seen such a holding before.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>, voter id<https://electionlawblog.org/?cat=9>

“Wake DA: Criminal prosecution anticipated in District 9 case “<https://electionlawblog.org/?p=103729>
Posted on February 22, 2019 1:45 pm<https://electionlawblog.org/?p=103729> by Rick Hasen<https://electionlawblog.org/?author=3>

CBS 17<https://www.cbs17.com/news/political-news/wake-da-criminal-prosecution-anticipated-in-district-9-case/1802033180>:

Following the state Board of Elections hearing on fraud in the 9th Congressional district, Wake County District Attorney Lorrin Freeman says she expects to take the case before a grand jury in the next month.
Freeman said that case largely focuses on the 2016 general and 2018 primary elections, knowing the state was conducting its own investigation into the 2018 general election.
“I think it is fair to say at this point that a criminal prosecution should be anticipated,” said Freeman in an interview with CBS17. “It has taken time. It is detailed work. But, I feel confident we will at the end of the day be able to present something that the public will feel satisfied that justice has been sought and obtained.”
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Posted in campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>

“Trump Serves Up A Word Salad When Asked About NC’s 9th District”<https://electionlawblog.org/?p=103727>
Posted on February 22, 2019 1:22 pm<https://electionlawblog.org/?p=103727> by Rick Hasen<https://electionlawblog.org/?author=3>

Watch<https://talkingpointsmemo.com/news/trump-serves-up-word-salad-nc-09>:
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TPM Livewire at TPMLiveWire<https://twitter.com/TPMLiveWire>

<https://twitter.com/TPMLiveWire/status/1099046980276359168>

Trump addresses the new election in North Carolina...sort of
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Supreme Court Will Hear Citizenship Census Case April 23<https://electionlawblog.org/?p=103725>
Posted on February 22, 2019 11:48 am<https://electionlawblog.org/?p=103725> by Rick Hasen<https://electionlawblog.org/?author=3>
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JUST IN: The Supreme Court will hear arguments about the #2020census<https://twitter.com/hashtag/2020census?src=hash> #citizenshipquestion<https://twitter.com/hashtag/citizenshipquestion?src=hash> on April 23 starting at 10 a.m. ET #SCOTUS<https://twitter.com/hashtag/SCOTUS?src=hash>[👇]
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“FAN 201.1 (First Amendment News) Congressman Raskin Introduces Bill to Limit Reach of “Citizens United””<https://electionlawblog.org/?p=103723>
Posted on February 22, 2019 11:43 am<https://electionlawblog.org/?p=103723> by Rick Hasen<https://electionlawblog.org/?author=3>

Ron Collins blogs<https://www.thefire.org/fan-201-1-first-amendment-news-congressman-raskin-introduces-bill-to-limit-reach-of-citizens-united/>.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

“US Supreme Court Won’t Take Challenge To Montana Campaign Finance Law”<https://electionlawblog.org/?p=103721>
Posted on February 22, 2019 11:09 am<https://electionlawblog.org/?p=103721> by Rick Hasen<https://electionlawblog.org/?author=3>

Montana Public Radio:<http://www.mtpr.org/post/us-supreme-court-wont-take-challenge-montana-campaign-finance-law>

Montana’s 2015 campaign finance law<http://laws.leg.mt.gov/legprd/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=289&P_BLTP_BILL_TYP_CD=SB&Z_ACTION=Find&P_SESS=20151> survived its biggest test Tuesday. The U.S. Supreme Court, without comment, declined to take up a case challenging the state’s Disclose Act<http://mtpr.org/term/disclose-montana-act>.
The high court leaves in place a lower court’s ruling that Montana’s so-called ‘Disclose Act’ is constitutional.
The law, aimed at so-called “dark money groups,” which don’t disclose the names of their donors, requires more public reporting on spending by political groups aiming to influence elections.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>, Supreme Court<https://electionlawblog.org/?cat=29>

“All 12 Senate Democrats oppose Texas Secretary of State David Whitley. That’s more than enough to block his nomination.”<https://electionlawblog.org/?p=103719>
Posted on February 22, 2019 10:57 am<https://electionlawblog.org/?p=103719> by Rick Hasen<https://electionlawblog.org/?author=3>

Texas Tribune reports<https://www.texastribune.org/2019/02/22/texas-democrats-have-votes-block-secretary-state-david-whitleys-nomina/>.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Can Peer Pressure Defeat Trump? In 2020, Democrats need millennials to turn out. Vote shaming apps can help.”<https://electionlawblog.org/?p=103717>
Posted on February 22, 2019 10:49 am<https://electionlawblog.org/?p=103717> by Rick Hasen<https://electionlawblog.org/?author=3>

Amy Chozick<https://www.nytimes.com/2019/02/22/sunday-review/2020-election-voting-apps.html?action=click&module=Opinion&pgtype=Homepage> for the NYT.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, social media and social protests<https://electionlawblog.org/?cat=58>

“Meet The Lone US Attorney Leading Trump’s Non-Citizen Voting Crusade”<https://electionlawblog.org/?p=103715>
Posted on February 22, 2019 8:56 am<https://electionlawblog.org/?p=103715> by Rick Hasen<https://electionlawblog.org/?author=3>

TPM’s Allegra Kirkland profiles<https://talkingpointsmemo.com/muckraker/bobby-higdon-us-attorney-north-carolina-non-citzen-voter-fraud> Robert Higdon, the US Attorney in the middle of North Carolina’s voting wars.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“American Democracy Is on the Supreme Court Docket”<https://electionlawblog.org/?p=103713>
Posted on February 22, 2019 8:53 am<https://electionlawblog.org/?p=103713> by Rick Hasen<https://electionlawblog.org/?author=3>

Matt Ford<https://newrepublic.com/article/153134/american-democracy-supreme-court-docket> for TNR.
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Posted in redistricting<https://electionlawblog.org/?cat=6>, Supreme Court<https://electionlawblog.org/?cat=29>

“Brett Kavanaugh could decide how redistricting is done”<https://electionlawblog.org/?p=103711>
Posted on February 22, 2019 8:33 am<https://electionlawblog.org/?p=103711> by Rick Hasen<https://electionlawblog.org/?author=3>

Todd Ruger<https://www.rollcall.com/news/congress/brett-kavanaugh-could-decide-how-redistricting-is-done> for Roll Call.
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Posted in redistricting<https://electionlawblog.org/?cat=6>, Supreme Court<https://electionlawblog.org/?cat=29>

“Federal judge wants to hear from employee who quit after working on Texas’ noncitizen voters list”<https://electionlawblog.org/?p=103709>
Posted on February 21, 2019 7:44 pm<https://electionlawblog.org/?p=103709> by Rick Hasen<https://electionlawblog.org/?author=3>

Dallas Morning News<https://www.dallasnews.com/news/politics/2019/02/20/state-employee-abruptly-resigned-after-working-texas-noncitizens-list-may-avoiding-court-appearance> reports.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Opposition to Texas Secretary of State David Whitley’s nomination mounts, imperiling his future in the job”<https://electionlawblog.org/?p=103707>
Posted on February 21, 2019 7:13 pm<https://electionlawblog.org/?p=103707> by Rick Hasen<https://electionlawblog.org/?author=3>

Texas Tribune<https://www.texastribune.org/2019/02/21/texas-senate-democrat-secretary-of-state-david-whitley-jose-rodriguez/?utm_campaign=trib-social&utm_content=1550776074&utm_medium=social&utm_source=twitter>:

For the second time, the Senate Nominations Committee met this week to approve the governor’s appointees — and for the second time, the Republican-dominated committee did not call a vote on David Whitley, the governor’s embattled pick for Texas secretary of state.
As the state battles three federal lawsuits over a botched attempt to clear its voter rolls of supposed noncitizens, Whitley has been fighting a quieter battle at the Texas Capitol: to win confirmation as Texas’ chief election official. To keep his job for much longer, he needs to muster support from at least some Democratic members of the Texas Senate, which has the power to accept or reject his nomination. But with several Senate Democrats who have already declared their opposition — and with pressure mounting privately and publicly for the rest of the caucus to do the same — he’s made little public progress in what is usually an uncontroversial process for nominees.
Republican Gov. Greg Abbott<https://www.texastribune.org/directory/greg-abbott/> continues to back his nominee “100 percent,” a spokesman said, and Whitley doesn’t seem to have given up. As recently as last week, Whitley met with Democratic senators in an effort to secure their votes. And although Whitley and his deputies have held firm in the overall efforts to verify the citizenship status of of almost 100,000 Texans, he even issued something of an apology<https://www.texastribune.org/2019/02/14/david-whitley-delivered-texas-lawmakers-apology-forcitizenship-review/> for the way his agency bungled its rollout of the controversial voter citizenship review, which was based on deeply flawed data and seemingly pulled in tens of thousands of registered voters for review because they were naturalized citizens.
But on Thursday, Whitley suffered a series of losses. After the Nominations Committee punted on his appointment for the second time after a blistering confirmation hearing<https://www.texastribune.org/2019/02/07/texas-secretary-state-confirmation-hearing/>, some three dozen civil rights and advocacy groups rallied on the steps of the Texas Capitol to hold the line on his nomination. And Whitley gained several new adversaries over the course of the day as Democratic senator after Democratic senator came out against his nomination — including El Paso Democrat José Rodríguez, who chairs his party’s caucus in the Senate.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

--
Rick Hasen
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