[EL] ELB News and Commentary 7/30/19

Tue Jul 30 07:22:38 PDT 2019

“Modified sentences and ‘rocket dockets’ aim to ensure felons can still register to vote”<https://electionlawblog.org/?p=106690>
Posted on July 30, 2019 7:17 am<https://electionlawblog.org/?p=106690> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/politics/modified-sentences-and-rocket-dockets-aim-to-ensure-felons-can-still-register-to-vote/2019/07/29/7274a014-b249-11e9-8f6c-7828e68cb15f_story.html?utm_term=.a2e776ebe576>:

Florida judges and prosecutors are working with felons and public defenders to find ways to register former inmates to vote, a process approved by voters last year that Republican legislators have made more difficult.

To work around a law passed this spring<https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwjqypbozdvjAhUkn-AKHUqGB1YQFjAAegQIABAB&url=https%3A%2F%2Fwww.washingtonpost.com%2Fpolitics%2Fflorida-legislators-agree-to-limit-felons-voting-rights-critics-call-it-a-new-poll-tax%2F2019%2F05%2F03%2F243839e2-6dcf-11e9-be3a-33217240a539_story.html&usg=AOvVaw02T52P_xW6qYvqqEfBEAoz>, which requires individuals to pay all fines, fees and restitution before they can register, court officials in cities such as Miami and Tampa are modifying sentences and making plans to allow some debts to be converted to community service. In smaller towns, volunteers are holding fundraisers to pay off penalties for residents.

Voting rights activists applaud these efforts but say they’re worried that a patchwork of changes may confound hundreds of thousands of potential voters in the months leading up to the state’s March 17 presidential primary.
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Posted in felon voting<https://electionlawblog.org/?cat=66>

“The Queens D.A. Race Has a Winner. Here’s Why It’s Still Not Over.”<https://electionlawblog.org/?p=106688>
Posted on July 30, 2019 7:15 am<https://electionlawblog.org/?p=106688> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2019/07/29/nyregion/melinda-katz-caban-queens-da.html>

The New York City Board of Elections on Monday certified Melinda Katz, the Queens borough president, as the winner of the June 25 Democratic primary for Queens district attorney, the culmination of a 34-day election battle that was one of the closest and most bitter in recent New York City history.

But the board’s certification does not end the contest: One of Ms. Katz’s opponents, Tiffany Cabán, has already filed a lawsuit challenging the results, which have her losing to Ms. Katz by a mere 60 votes<https://www.vote.nyc.ny.us/downloads/pdf/election_results/2019/20190625Primary%20Election/Queens%20District%20Attorney%20Queens.pdf>.

Nor does it end the identity crisis that the race represented for the Democratic Party. Supporters of both campaigns have cast the outcome as a verdict on the future of the left, with backers of Ms. Cabán, a former public defender and democratic socialist, describing her candidacy as a rebuke to machine politics, and supporters of Ms. Katz, the favored candidate of top Democratic leaders, accusing the other side of aggravating the party’s polarization….

The recount process itself was painstaking and dull. But it unfolded against a backdrop of mistrust and mutual recrimination<https://www.nytimes.com/2019/07/05/nyregion/recount-caban-katz-queens-da.html?module=inline>, as Ms. Cabán’s supporters hurled accusations of voter fraud and suppression. Ms. Katz’s supporters — including prominent elected officials such as Representative Gregory Meeks — suggested that Ms. Cabán’s backers were gentrifiers inconsiderate of nonwhite voters, many of whom supported Ms. Katz. (Ms. Katz is white, and Ms. Cabán is Latina.)
Ms. Cabán’s supporters have already pointed to the looming court battle, when Ms. Cabán’s lawyers plan to argue that elections officials improperly discarded dozens of ballots — more than enough to flip the election yet again if reinstated.

Many of those ballots were invalidated for technical reasons, such as an eligible Democratic voter showing up to the wrong polling site, or not writing “Democrat” on the ballot. Poll workers are responsible for ensuring that voters fill out affidavit ballots correctly, said Jerry Goldfeder, a lawyer for Ms. Cabán.
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Posted in recounts<https://electionlawblog.org/?cat=50>

“Political Fundraising Has a Big, Nasty Secret; U.S. campaign-finance laws have been written to prevent donors from taking advantage of politicians—but do little to protect donors from being scammed.”<https://electionlawblog.org/?p=106686>
Posted on July 30, 2019 7:11 am<https://electionlawblog.org/?p=106686> by Rick Hasen<https://electionlawblog.org/?author=3>

David Graham for The Atlantic<https://www.theatlantic.com/ideas/archive/2019/07/conundrum-regulating-scam-pacs/594898/>.
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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>

“Republicans sue to block Michigan redistricting commission”<https://electionlawblog.org/?p=106683>
Posted on July 30, 2019 7:00 am<https://electionlawblog.org/?p=106683> by Rick Hasen<https://electionlawblog.org/?author=3>

Detroit News:<https://www.detroitnews.com/story/news/politics/2019/07/30/republicans-sue-block-michigan-redistricting-commission/1860829001/>

Republicans are suing to stop Michigan’s new citizen redistricting commission before it begins, alleging the voter-approved amendment is “blatantly unconstitutional” and discriminates against participants based on political service or family ties.

The federal lawsuit, filed Tuesday morning with the U.S. District Court in Grand Rapids, seeks to invalidate Proposal 2<https://www.detroitnews.com/story/news/local/michigan/2018/11/02/prop-two-redistricting-fair-boundaries-worsens-problems/1833152002/>, block implementation and prevent the independent commission from drawing new legislative and congressional district maps for the 2022 election cycle.

Instead, whichever political party wins control of the state Legislature next year would lead that process in 2021. Republicans drew existing lines in 2011 and currently hold majorities in the Michigan House and Senate.

The legal action is backed by the Fair Lines America Foundation, a non-profit with ties to the National Republican Redistricting Trust. It was filed on behalf of 15 Michigan residents who would be excluded from serving on the commission under the new rules.

I’m surprised to see this relatively weak claim based upon the patronage cases (which don’t apply to people in policymaking positions) and not the argument (as to congressional elections) based on the state legislature’s power to draw district lines.
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Posted in redistricting<https://electionlawblog.org/?cat=6>

On Remand, Canadian Election Authorities Won’t Reschedule Election Held on Jewish Holiday (Shemini Atzeret)<https://electionlawblog.org/?p=106681>
Posted on July 29, 2019 6:38 pm<https://electionlawblog.org/?p=106681> by Rick Hasen<https://electionlawblog.org/?author=3>

See here.<https://www.vosizneias.com/328045/2019/07/29/quebec-canada-wont-reschedule-elections-that-fall-on-jewish-holiday/?utm_campaign=shareaholic&utm_medium=email_this&utm_source=email>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“McConnell blasts ‘modern-day McCarthyism,’ defends blocking election bills”<https://electionlawblog.org/?p=106678>
Posted on July 29, 2019 3:14 pm<https://electionlawblog.org/?p=106678> by Rick Hasen<https://electionlawblog.org/?author=3>

The Hill:<https://thehill.com/homenews/senate/455208-mcconnell-blasts-modern-day-mccarthyism-defends-blocking-election-bills>

Senate Majority Leader Mitch McConnell<https://thehill.com/people/mitch-mcconnell> (R-Ky.), under fire for blocking two election security bills, hit back on Monday comparing the attacks against him to “modern-day McCarthyism.”

“I was called unpatriotic, un-American and essentially treasonous by a couple of left-wing pundits on the basis of bold-faced lies. I was accused of aiding and abetting the very man I’ve singled out as an adversary and opposed for nearly 20 years, Vladimir Putin<https://thehill.com/people/vladimir-putin>,” McConnell said during a fiery speech from the Senate floor.

He added that his critics, specifically pointing out The Washington Post and MSNBC, were using “unhinged smears,” adding “welcome to modern-day McCarthyism.”…

McConnell sparked a firestorm of criticism last week when he blocked attempts<https://thehill.com/homenews/senate/454742-mcconnell-blocks-two-election-security-bills?userid=%5b-RECIPID-%5d> by Senate Minority Leader Charles Schumer<https://thehill.com/people/charles-schumer> (D-N.Y.) and Sen. Richard Blumenthal (D-Conn.) to pass election security legislation by unanimous consent. Under Senate rules any one senator can try to pass a bill, but any one senator can object.

The two pieces of legislation are supported largely by Democrats, giving them next to no chance of passing the GOP-controlled Senate without a vote. One of the bills would require the use of paper ballots, the other would require candidates, campaigns or family members to notify the FBI about assistance offers from foreign governments.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Guam Voting Rule for Plebiscite Limiting Voting to Native Inhabitants of Guam Violates 15th Amendment<https://electionlawblog.org/?p=106676>
Posted on July 29, 2019 2:48 pm<https://electionlawblog.org/?p=106676> by Rick Hasen<https://electionlawblog.org/?author=3>

So holds<http://cdn.ca9.uscourts.gov/datastore/opinions/2019/07/29/17-15719.pdf> the Ninth Circuit.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“EXCLUSIVE: ‘Operation Blackout’ tests law enforcement response to simulated election cyberattack”<https://electionlawblog.org/?p=106674>
Posted on July 29, 2019 2:18 pm<https://electionlawblog.org/?p=106674> by Rick Hasen<https://electionlawblog.org/?author=3>

KOCO reports.<https://www.koco.com/article/operation-blackout-tests-response-simulated-election-cyberattack/28539874>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Georgia Awards New Voting Machine Contract To Dominion Voting Systems”<https://electionlawblog.org/?p=106671>
Posted on July 29, 2019 8:27 am<https://electionlawblog.org/?p=106671> by Rick Hasen<https://electionlawblog.org/?author=3>

GPB<https://www.gpbnews.org/post/georgia-awards-new-voting-machine-contract-dominion-voting-systems>:

Georgia has awarded a massive contract to replace its outdated touchscreen direct-recording electronic voting machines to a new company offering ballot-marking devices with a paper component.
Secretary of State Brad Raffensperger announced Monday that Dominion Voting Systems will be the state’s new vendor for elections, ditching current vendor Elections Systems & Software.
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Posted in election administration<https://electionlawblog.org/?cat=18>, voting technology<https://electionlawblog.org/?cat=40>

“GOP could dodge Gov. Evers to gerrymander Wisconsin again”<https://electionlawblog.org/?p=106669>
Posted on July 29, 2019 8:26 am<https://electionlawblog.org/?p=106669> by Rick Hasen<https://electionlawblog.org/?author=3>

Wisconsin Examiner<https://wisconsinexaminer.com/2019/07/29/gop-could-dodge-gov-evers-to-gerrymander-wisconsin-again/>:

Now Democrats and fair-maps advocates<https://wisconsinexaminer.com/2019/07/16/redistricting/> are worried that Republicans might make an end-run around Evers by means of a joint resolution, passing a new map through the Assembly and Senate. Because joint resolutions do not require the governor’s signature, the map could go into effect without any input from the governor.

“We believe that the legislative Republicans are already working with the Wisconsin Institute for Law and Liberty, and they are geared up to do reapportionment in 2021 by means of a joint resolution,” said attorney Lester Pines, who has challenged the constitutionality of laws enacted by the state legislature on voter I.D., abortion restrictions, executive power and other issues. The Wisconsin Supreme Court has already held that redistricting by joint resolution is unconstitutional, but the current court, dominated by Republican-backed justices, might be willing to overturn that 54-year-old precedent, Pines added. “And the Wisconsin Institute for Law and Liberty will be geared up to argue that it is constitutional.”

“I’ve heard about it,” Rick Esenberg, executive director of the Wisconsin Institute for Law and Liberty<http://www.will-law.org/> (WILL), said of the plan. WILL, a legal institute that backs conservative causes, filed a friend-of-the-court brief in the U.S. Supreme Court’s Gill v Whitford redistricting case, siding with the Republican state lawmakers who drew the current map.

WILL is not currently working with Republican legislators on the joint-resolution plan, Esenberg said: “Whether we would have anything to do with it, I can’t say.”

But, he added, “I understand the argument. The argument is the constitution reserves [redistricting] to the state legislature, and it should be taken literally; the state legislature should do it.”

“It would require that precedent be overruled,” Esenberg acknowledged. But, he added, “I don’t think it’s a frivolous argument.”
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Posted in redistricting<https://electionlawblog.org/?cat=6>

Today’s Must-Read: HuffPost Deep Dive into Crystal Mason Illegal Voting Case in Texas<https://electionlawblog.org/?p=106667>
Posted on July 29, 2019 7:42 am<https://electionlawblog.org/?p=106667> by Rick Hasen<https://electionlawblog.org/?author=3>

Worth your time.<https://www.huffpost.com/entry/crystal-mason-prison-sentence_n_5d3b04e8e4b0c31569e9fb94> Lots of new details, including on what poll workers knew and did.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Why The 2020 Census Citizenship Question Hasn’t Gone Away”<https://electionlawblog.org/?p=106665>
Posted on July 29, 2019 7:32 am<https://electionlawblog.org/?p=106665> by Rick Hasen<https://electionlawblog.org/?author=3>

Hansi Lo Wang<https://www.npr.org/2019/07/29/746158231/why-the-2020-census-citizenship-question-hasn-t-gone-away> for NPR.
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Posted in census litigation<https://electionlawblog.org/?cat=125>

“Democrats swore off donations from lobbyists and fossil fuel execs. But some are skirting their own rules.”<https://electionlawblog.org/?p=106663>
Posted on July 29, 2019 7:27 am<https://electionlawblog.org/?p=106663> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/politics/democrats-swore-off-donations-from-lobbyists-and-fossil-fuel-execs-but-some-are-skirting-their-own-rules/2019/07/29/7ac49a3c-ae14-11e9-b071-94a3f4d59021_story.html?utm_term=.fe5da3dc7df4>:

Among New Jersey Sen. Cory Booker’s donors to his presidential campaign is a vice president of a leading pharmaceutical company. The senior vice president of Comcast who oversees the company’s lobbying efforts hosted a fundraiser for former vice president Joe Biden. An oil company development and finance manager remains one of former congressman Beto O’Rourke’s most generous donors, including to his presidential campaign.
These Democratic presidential hopefuls<https://www.washingtonpost.com/graphics/2018/politics/2020-presidential-hopefuls/?tid=a_inl_auto> accepted these contributions, even though they had rejected the help of fossil fuel, pharmaceutical or lobbying industries.
According to their campaigns, they did nothing wrong, because their pledges only cover a small group of high-level executives and registered lobbyists. But critics see something darker: a willingness by campaigns to bend their own rules, allowing money and influence to seep in.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>, lobbying<https://electionlawblog.org/?cat=28>

“Pleasant Grove: A story of change at the hand of Mother Nature and the judge’s gavel”<https://electionlawblog.org/?p=106661>
Posted on July 29, 2019 7:25 am<https://electionlawblog.org/?p=106661> by Rick Hasen<https://electionlawblog.org/?author=3>

AL.com:<https://www.al.com/news/2019/07/pleasant-grove-a-story-of-change-at-the-hand-of-mother-nature-and-the-judges-gavel.html>

An all-white mayor and council still controls the city despite a population now being more than 50 percent black. No black person has ever been elected to any office. The city is fighting a voting rights lawsuit filed in December aimed at changing that.
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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>
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http://electionlawblog.org<http://electionlawblog.org/>
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