[EL] ELB News and Commentary 3/6/19

[Levitt, Justin]

"Second Judge Blocks Trump Administration's Census Citizenship Question Plans"<https://electionlawblog.org/?p=103984>
Posted on March 6, 2019 3:09 pm<https://electionlawblog.org/?p=103984> by Justin Levitt<https://electionlawblog.org/?author=4>

Big (and voluminous) news<https://www.npr.org/2019/03/06/698886346/second-judge-blocks-trump-administrations-census-citizenship-question-plans> from California: in a 126-page opinion<https://assets.documentcloud.org/documents/5760836/March-6-2019-Opinion-by-U-S-District-Judge.pdf>, Judge Seeborg has enjoined the inclusion of a question regarding citizenship on the 2020 census.

The decision follows on Judge Furman's opinion<https://electionlawblog.org/?p=103182> out of New York, but is more expansive: the California decision includes not just a finding on the claim that Commerce's process violated the Administrative Procedure Act, but also that adding the question would substantively distort the conduct of the Census, and thereby violates the Enumeration Clause.  That latter finding is not (yet, technically) the subject of Supreme Court review when it hears the appeal from New York on April 23<https://electionlawblog.org/?p=103725>.

I've not been shy<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3250265> about my own view of the process that got the citizenship question onto the decennial census, its likely impact, the pretextual excuse for the decision, or the more plausible reasons for the whole enterprise.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, redistricting<https://electionlawblog.org/?cat=6>, Supreme Court<https://electionlawblog.org/?cat=29>, The Voting Wars<https://electionlawblog.org/?cat=60>

2020 Presidential candidates<https://electionlawblog.org/?p=103982>
Posted on March 6, 2019 3:08 pm<https://electionlawblog.org/?p=103982> by Justin Levitt<https://electionlawblog.org/?author=4>

You knew that Michael Bloomberg<https://www.nytimes.com/2019/03/05/us/politics/michael-bloomberg-2020.html?module=inline>, Eric Holder<https://www.nytimes.com/2019/03/04/us/politics/eric-holder-president.html?module=inline>, Jeff Merkley<https://www.nytimes.com/2019/03/05/us/politics/jeff-merkley-not-running-president.html?module=inline>, and Hillary Clinton<https://www.nytimes.com/2019/03/04/us/politics/hillary-clinton-not-running.html> have all announced in the last two days that they're not running for President in 2020.

But did you know that, as of today, you still have 590 other official choices<https://www.fec.gov/data/candidates/?election_year=2020&office=P>?  Enjoy the full list over at the FEC<https://www.fec.gov/data/candidates/?election_year=2020&office=P>.  (h/t Richard Winger)
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Posted in campaigns<https://electionlawblog.org/?cat=59>

House Oversight Requests Documents re 2018 Georgia Elections<https://electionlawblog.org/?p=103978>
Posted on March 6, 2019 3:07 pm<https://electionlawblog.org/?p=103978> by Justin Levitt<https://electionlawblog.org/?author=4>

The House Oversight Committee asked<https://assets.documentcloud.org/documents/5760744/2019-03-06-EEC-Raskin-to-Kemp-GA-Governor.pdf> Georgia Governor Brian Kemp today for a set of documents related to voters' difficulties in Georgia in 2018.  So far, it's just a request.  And Kemp appears unimpressed<https://www.rollcall.com/news/congress/house-democrats-investigating-georgia-gov-brian-kemp-for-voter-suppression>.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, provisional ballots<https://electionlawblog.org/?cat=67>, voter registration<https://electionlawblog.org/?cat=37>, voting<https://electionlawblog.org/?cat=31>, Voting Rights Act<https://electionlawblog.org/?cat=15>, voting technology<https://electionlawblog.org/?cat=40>

"Hillary Clinton's claims about voter suppression in Georgia and Wisconsin"<https://electionlawblog.org/?p=103976>
Posted on March 6, 2019 3:06 pm<https://electionlawblog.org/?p=103976> by Justin Levitt<https://electionlawblog.org/?author=4>

WaPo's FactChecker<https://www.washingtonpost.com/politics/2019/03/06/hillary-clintons-claims-about-voter-suppression-georgia-wisconsin> reviews some of Hillary Clinton's claims about the 2016 election at the Selma Bloody Sunday commemorative service for this past weekend.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, election administration<https://electionlawblog.org/?cat=18>, voting<https://electionlawblog.org/?cat=31>, Voting Rights Act<https://electionlawblog.org/?cat=15>

AOC PAC USDs to LLC, TBD by FEC<https://electionlawblog.org/?p=103974>
Posted on March 6, 2019 3:05 pm<https://electionlawblog.org/?p=103974> by Justin Levitt<https://electionlawblog.org/?author=4>

A new FEC complaint<https://www.scribd.com/document/401081150/AOC-FEC-Complaint-as-Filed> alleges that several PACs directed by Rep. Alexandria Ocasio-Cortez and/or her chief of staff reported large lump-sum expenditures to a set of campaign vendor LLCs, apparently complaining that the specific expenditures should have been reported individually.  More here<https://www.foxnews.com/politics/ocasio-cortezs-millionaire-chief-of-staff-violated-fec-rules-to-hide-885g-fec-complaint-alleges> and here<https://dailycaller.com/2019/03/04/ocasio-cortez-justice-democrats/> (including some other allegations concerning potential improper affiliation of the PAC and the campaign, and several that just seem to be screaming "AOC" as loudly as possible).

Here's the PAC's own explanation<https://justicedems.freshdesk.com/support/solutions/articles/33000223353-when-i-look-at-the-fec-report-for-justice-democrats-in-2017-why-are-there-so-many-expenditures-to-b> (from May 2018) of why it was set up as it was.  And a Twitter thread<https://twitter.com/ThePaulSRyan/status/1103048313744621569> from Common Cause's Paul Ryan trying to parse what's what ... and what might merit closer investigation.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

Stolen Votes North of the Border<https://electionlawblog.org/?p=103972>
Posted on March 6, 2019 3:04 pm<https://electionlawblog.org/?p=103972> by Justin Levitt<https://electionlawblog.org/?author=4>

Steven Rosenfeld sees parallels<https://www.salon.com/2019/03/06/why-an-overlooked-digital-election-theft-controversy-offers-important-lessons-for-democrats_partner/> between a 2017 Alberta provincial leadership campaign and the NC09 scandal, with lessons for 2020 primaries considering means to further participation online or by phone.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, internet voting<https://electionlawblog.org/?cat=49>, political parties<https://electionlawblog.org/?cat=25>, primaries<https://electionlawblog.org/?cat=32>

Nevada State Senate Majority Leader Resigns Based on Federal Campaign Finance Violations<https://electionlawblog.org/?p=103970>
Posted on March 6, 2019 3:03 pm<https://electionlawblog.org/?p=103970> by Justin Levitt<https://electionlawblog.org/?author=4>

Nevada Senate Maj. Leader Kelvin Atkinson resigned yesterday<https://thenevadaindependent.com/article/senate-majority-leader-kelvin-atkinson-to-resign-amid-federal-charges-of-misappropriating-campaign-funds>, "announcing he would be pleading guilty to federal charges of misappropriation of campaign funds for personal use and taking 'full responsibility' for his actions."  The resignation letter is here<https://www.documentcloud.org/documents/5759461-State-Sen-Kelvin-Atkinson-s-Resignation-Letter.html#document/p1>.  There aren't a lot of other public details that I'm aware of about the basis for the federal charges.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, chicanery<https://electionlawblog.org/?cat=12>

Stay of NC State Ct Order Voiding Voter ID Amendment Because Enacted by Impermissibly Gerrymandered Legislature<https://electionlawblog.org/?p=103968>
Posted on March 6, 2019 3:03 pm<https://electionlawblog.org/?p=103968> by Justin Levitt<https://electionlawblog.org/?author=4>

On February 22, Rick noted<https://electionlawblog.org/?p=103731> that a North Carolina state trial court had voided a constitutional amendment pertaining to voter ID, because the amendment had been put on the ballot by a legislature elected pursuant to an unconstitutional<http://redistricting.lls.edu/files/NC%20covington%2020160811%20opinion.pdf> gerrymander<http://redistricting.lls.edu/files/NC%20covington%2020170605%20affirmed.pdf>.

Today, the North Carolina court of appeals temporarily put that decision on hold<https://appellate.nccourts.org/orders.php?t=&court=2&id=358410&pdf=1&a=0&docket=1&dev=1>, while awaiting a ruling on the appeal.  Stay tuned on this one.
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Posted in redistricting<https://electionlawblog.org/?cat=6>, voter id<https://electionlawblog.org/?cat=9>

Changes Coming to Wisconsin Voter ID Process?<https://electionlawblog.org/?p=103966>
Posted on March 6, 2019 3:02 pm<https://electionlawblog.org/?p=103966> by Justin Levitt<https://electionlawblog.org/?author=4>

There's been ongoing<https://moritzlaw.osu.edu/electionlaw/litigation/Frank.v.Walker.php> litigation<https://moritzlaw.osu.edu/electionlaw/litigation/OneWisconsin.v.Nichol.php> over the legality of Wisconsin's voter ID rule (and other changes to Wisconsin election law).  And by "ongoing," I mean largely "in stasis": opinions from the trial court were issued in July 2016 (and partially stayed pending appeal), appellate briefing was complete in November 2016, the cases were argued to the Seventh Circuit on February 24, 2017 ... and they've been sitting there since, for more than two years now.  In the meantime, one of the plaintiffs has passed away.

One of the issues has been the implementation of the procedure for Wisconsin voters to get the ID they need, particularly in and around the Wisconsin DMV.  Now newly elected Gov. Tony Evers has ordered<https://madison.com/ct/news/local/govt-and-politics/election-matters/tony-evers-orders-dot-to-develop-plan-to-make-voter/article_a726edc9-5d6f-5a40-bd41-d53fee899bb7.html> the state Dept. of Transportation to come up with a plan to improve access to the voter ID cards.
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Posted in voter id<https://electionlawblog.org/?cat=9>

"States Are Trying to Stop Election Meddling. But the Real Risk is Public Confidence"<https://electionlawblog.org/?p=103964>
Posted on March 6, 2019 3:01 pm<https://electionlawblog.org/?p=103964> by Justin Levitt<https://electionlawblog.org/?author=4>

TIME on the efforts of many election officials to protect the voting process<http://time.com/5543649/2020-elections-voter-security-states/> against interference.  And the Brennan Center on the work still to be done<https://www.brennancenter.org/analysis/voting-machines-risk-where-we-stand-today> with respect to voting systems.
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Posted in election administration<https://electionlawblog.org/?cat=18>, voting technology<https://electionlawblog.org/?cat=40>

"The Movement To Skip The Electoral College Just Passed A Major Milestone"<https://electionlawblog.org/?p=103962>
Posted on March 6, 2019 3:01 pm<https://electionlawblog.org/?p=103962> by Justin Levitt<https://electionlawblog.org/?author=4>

538 has the latest<https://fivethirtyeight.com/features/the-movement-to-skip-the-electoral-college-just-passed-a-major-milestone/> on the National Popular Vote compact, focused on the Colorado governor's likely signature on a new bill.
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Posted in electoral college<https://electionlawblog.org/?cat=44>

"Fighting Gerrymandering in 2021"<https://electionlawblog.org/?p=103960>
Posted on March 6, 2019 3:00 pm<https://electionlawblog.org/?p=103960> by Justin Levitt<https://electionlawblog.org/?author=4>

Calling the hipsters at SXSW: I got an idea<https://schedule.sxsw.com/2019/events/PP84999> for your Friday afternoon.
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Posted in redistricting<https://electionlawblog.org/?cat=6>

More on SOS Office Use of the KY Voter Registration System<https://electionlawblog.org/?p=103958>
Posted on March 6, 2019 2:59 pm<https://electionlawblog.org/?p=103958> by Justin Levitt<https://electionlawblog.org/?author=4>

The reporting continues<https://www.kentucky.com/news/politics-government/article227189129.html> with respect to employees in the Kentucky Secretary of State's office, looking up names in the voter registration rolls, potentially to assess political affiliation.  The SOS's office claims that "all searches were performed at the request of the media or the public, or to perform background checks on job applicants."
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Posted in election administration<https://electionlawblog.org/?cat=18>, voter registration<https://electionlawblog.org/?cat=37>

White Papers Assessing California Top-Two Primary<https://electionlawblog.org/?p=103956>
Posted on March 6, 2019 2:58 pm<https://electionlawblog.org/?p=103956> by Justin Levitt<https://electionlawblog.org/?author=4>

Three new white papers<http://schwarzeneggerinstitute.com/institute-in-action/article/californias-top-two-primary-a-successful-reform> on California's top-two primary out of the USC Schwarzenegger Institute, by Charles Munger, Jr., a financial and political backer of the top-two system.
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Posted in political parties<https://electionlawblog.org/?cat=25>, political polarization<https://electionlawblog.org/?cat=68>, primaries<https://electionlawblog.org/?cat=32>

Drinking from the Fire Hose<https://electionlawblog.org/?p=103954>
Posted on March 6, 2019 2:56 pm<https://electionlawblog.org/?p=103954> by Justin Levitt<https://electionlawblog.org/?author=4>

As Dan mentioned, I'll be the one drinking from the fire hose through the 9th (with, as always, renewed appreciation for how Rick manages to do this every single day).

Please send tidbits (and complaints) to me.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Over to You Justin<https://electionlawblog.org/?p=103952>
Posted on March 6, 2019 4:58 am<https://electionlawblog.org/?p=103952> by Dan Tokaji<https://electionlawblog.org/?author=5>

Thanks to Rick for inviting me to sit in for him during his absence. Justin Levitt will be guest-blogging through March 9.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

"Transgender Political Candidates Are Increasingly Common. The Money Backing Them Is Not"<https://electionlawblog.org/?p=103950>
Posted on March 6, 2019 4:23 am<https://electionlawblog.org/?p=103950> by Dan Tokaji<https://electionlawblog.org/?author=5>

CPI<https://publicintegrity.org/federal-politics/elections/transgender-political-candidates-are-increasingly-common-the-money-backing-them-is-not/>:

At least 51 transgender people<https://www.loganscasey.com/copy-of-transgender-candidates> unsuccessfully ran for state, local and federal office last year, according to data collected by Logan Casey, a political scientist who now works with the Movement Advancement Project. Nine ran for Congress<https://www.loganscasey.com/copy-of-transgender-candidates>, but none emerged victorious or even won a major-party nomination....

A major obstacle for transgender candidates is money: Those nine transgender congressional candidates collectively raised less than $300,000 during the 2018 election cycle, a Center for Public Integrity<https://publicintegrity.org/> review of federal records indicates.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

"Secretary of state advises Texas counties they may keep vetting list of suspected non-citizen voters"<https://electionlawblog.org/?p=103948>
Posted on March 6, 2019 4:20 am<https://electionlawblog.org/?p=103948> by Dan Tokaji<https://electionlawblog.org/?author=5>

San Antonio Express News<https://www.expressnews.com/news/politics/texas_legislature/article/Secretary-of-state-advises-Texas-counties-to-keep-13661822.php?t=b3934518db>:

Texas Secretary of State David Whitley will tell Texas counties they may continue to look into the citizenship statuses of voters on his list of suspected noncitizens, according to an advisory approved by a federal judge Monday.

The advisory, which will be sent to all 254 counties in the state, notifies election offices that they must abide by the Feb. 27 court order that bars them from alerting people on the list that they're under examination or removing anyone from the rolls without approval from the court and "conclusive" evidence that they're ineligible.

It also clarifies that the counties may still vet voters on the list as long as they do not directly contact them....
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Posted in voter registration<https://electionlawblog.org/?cat=37>

Ocasio-Cortez, Warren and Sanders Skirmish with NY Dems over Fusion Ban<https://electionlawblog.org/?p=103946>
Posted on March 5, 2019 11:53 am<https://electionlawblog.org/?p=103946> by Dan Tokaji<https://electionlawblog.org/?author=5>

NYT reports<https://www.nytimes.com/2019/03/05/nyregion/fusion-voting-aoc-sanders-cuomo.html> on opposition to the N.Y. Democratic Party's resolution to eliminate fusion voting.
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Posted in ballot access<https://electionlawblog.org/?cat=46>, political parties<https://electionlawblog.org/?cat=25>


--
Justin Levitt  (he/him/his)
Associate Dean for Research
Professor of Law and Gerald T. McLaughlin Fellow
Loyola Law School, Los Angeles
919 Albany St., LA, CA 90015
213-736-7417
@_justinlevitt_

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