[EL] ELB News and Commentary 1/8/19

Tue Jan 8 07:50:21 PST 2019

“DNC loses appeal on Republican election tactics”<https://electionlawblog.org/?p=103106>
Posted on January 8, 2019 7:47 am<https://electionlawblog.org/?p=103106> by Rick Hasen<https://electionlawblog.org/?author=3>

Josh Gerstein for Politico:<https://www.politico.com/story/2019/01/07/democrats-republicans-elections-ballots-poll-watching-1086046>

A consent decree that limited Republican Party’s use of controversial poll-watching and ballot security efforts for more than three decades appears consigned to the scrap heap of history after a federal appeals court rebuffed a move by Democrats that could have led to restoration of the long-running court order.

The 3rd Circuit Court of Appeals turned down<https://www.politico.com/f/?id=00000168-2ad8-db11-ab7d-3bf9fed60001> the Democratic National Committee’s attempt to reopen discovery aimed at proving that the Republican National Committee violated the order in 2016 as then-candidate Donald Trump pressed publicly for a crackdown on what he contended was likely election fraud.

More on this for me on the way.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“The NC Democrats overstated this law’s effect on election investigations”<https://electionlawblog.org/?p=103104>
Posted on January 8, 2019 7:40 am<https://electionlawblog.org/?p=103104> by Rick Hasen<https://electionlawblog.org/?author=3>

Politifact rates as “Mostly False”<https://www.politifact.com/north-carolina/statements/2019/jan/07/north-carolina-democratic/nc-democrats-overstated-laws-effect-election-inves/> a Democratic party statement that new North Carolina legislation makes the investigation into the #NC09 controversy less transparent.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Mark Alexander Reviews My Book on Justice Scalia’s Jurisprudence and Legacy<https://electionlawblog.org/?p=103102>
Posted on January 8, 2019 7:28 am<https://electionlawblog.org/?p=103102> by Rick Hasen<https://electionlawblog.org/?author=3>

Here at California Litigation<https://calmediation.typepad.com/Articles/Justice%20of%20Contradictions%20latest%20version.pdf>, reviewing The Justice of Contradictions<https://www.amazon.com/Justice-Contradictions-Antonin-Politics-Disruption/dp/0300228643/ref=sr_1_1?ie=UTF8&qid=1516904231&sr=8-1&keywords=richard+l.+hasen>.
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Posted in Scalia<https://electionlawblog.org/?cat=123>

Steve Klein Offers Skeptical Review of “Dark Money” Documentary<https://electionlawblog.org/?p=103100>
Posted on January 8, 2019 7:24 am<https://electionlawblog.org/?p=103100> by Rick Hasen<https://electionlawblog.org/?author=3>

Here<https://www.lawliberty.org/2019/01/08/dark-money-a-tendentious-tale-of-corruption-fighters/>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Florida Set to Restore Voting Rights to Felons Amid Threats of Lawsuits”<https://electionlawblog.org/?p=103098>
Posted on January 7, 2019 10:38 am<https://electionlawblog.org/?p=103098> by Rick Hasen<https://electionlawblog.org/?author=3>

WSJ:<https://www.wsj.com/articles/florida-set-to-restore-voting-rights-to-felons-amid-threats-of-lawsuits-11546866000?mod=hp_lista_pos1>

Some Florida officials are balking at the state’s new amendment restoring voting rights to about 1.4 million people with felony records that is set to take effect Tuesday.

Amendment 4, which Florida voters passed in November<https://www.wsj.com/articles/floridians-grant-people-with-felony-records-the-right-to-vote-1541560193?mod=article_inline> with nearly 65% support, re-enfranchises felons who have completed all terms of their sentences, including probation or parole, but doesn’t apply to those convicted of murder or sexual offenses.
Opponents, including Republican Gov.-elect Ron DeSantis, say before the amendment can be implemented, the legislature needs to pass a bill to clarify its terms and fulfill its intent. Supporters say it should be implemented immediately. The disagreement is generating confusion and the threat of lawsuits.
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Posted in felon voting<https://electionlawblog.org/?cat=66>

“Democrats Faked Online Push to Outlaw Alcohol in Alabama Race”<https://electionlawblog.org/?p=103096>
Posted on January 7, 2019 9:35 am<https://electionlawblog.org/?p=103096> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2019/01/07/us/politics/alabama-senate-facebook-roy-moore.html?action=click&module=Top%20Stories&pgtype=Homepage>

The “Dry Alabama” Facebook page, illustrated with stark images of car wrecks and videos of families ruined by drink, had a blunt message: Alcohol is the devil’s work, and the state should ban it entirely.

Along with a companion Twitter feed, the Facebook page appeared to be the work of Baptist teetotalers who supported the Republican, Roy S. Moore, in the 2017 Alabama Senate race. “Pray for Roy Moore,” one tweet exhorted.

In fact, the Dry Alabama campaign, not previously reported, was the stealth creation of progressive Democrats who were out to defeat Mr. Moore — the second such secret effort to be unmasked. In a political bank shot made in the last two weeks of the campaign, they thought associating Mr. Moore with calls for a statewide alcohol ban would hurt him with moderate, business-oriented Republicans and assist the Democrat, Doug Jones, who won the special election by a hair-thin margin.

Matt Osborne, a veteran progressive activist who worked on the project, said he hoped that such deceptive tactics would someday be banned from American politics. But in the meantime, he said, he believes that Republicans are using such trickery and that Democrats cannot unilaterally give it up.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>

--
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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