[EL] ELB News and Commentary 3/16/19

Sat Mar 16 12:01:10 PDT 2019

“Academic Behind Cambridge Analytica Data Mining Sues Facebook for Defamation”<https://electionlawblog.org/?p=104203>
Posted on March 16, 2019 11:57 am<https://electionlawblog.org/?p=104203> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/2019/03/15/technology/aleksandr-kogan-facebook-cambridge-analytica.html>:

The academic who helped Cambridge Analytica vacuum up private information from tens of millions of Facebook profiles sued the social media giant on Friday, arguing that the company defamed him when it claimed he had lied about how the data was going to be used.

Since the full scope of Cambridge Analytica’s data mining was revealed last year<https://www.nytimes.com/2018/03/17/us/politics/cambridge-analytica-trump-campaign.html?module=inline>, Facebook has repeatedly tried to shift blame for the privacy breach onto the academic, Aleksandr Kogan. Facebook executives — including the chief executive, Mark Zuckerberg — have said Mr. Kogan told Facebook that the data was for academic purposes when it was being collected for use in political campaigns.

Mr. Kogan, 32, a former psychology professor, used a quiz app to collect the data, and has insisted that the fine print accompanying his app said the information could be used commercially. That was an outright violation of Facebook’s rules at the time, but the company does not appear to have regularly checked that apps were complying.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Biggest GOP field since 2012 to compete in North Carolina’s 9th district primary”<https://electionlawblog.org/?p=104201>
Posted on March 16, 2019 11:53 am<https://electionlawblog.org/?p=104201> by Rick Hasen<https://electionlawblog.org/?author=3>

News & Observer<https://www.newsobserver.com/news/politics-government/election/article227872719.html>:

Like the election fraud controversy itself, the special election will attract national attention. Some analysts say<https://www.rollcall.com/news/campaigns/2020-around-corner-north-carolina-special-election-isnt-just-9th-district> it could be a preview of 2020 in what once again is expected to be a swing state, as well as the state that will host the Republican National Convention.

One candidate each from the Green Party and Libertarian Party are running. But with no other contested races, Republicans will hold the only primary contest on May 14. The general election is scheduled<https://www.charlotteobserver.com/news/politics-government/election/article227077449.html> for Sept. 10. If no candidate gets more than 30 percent of the vote, a runoff election will be held Sept. 10, followed by a general election Nov. 5.

After the N.C. State Board of Elections voted unanimously to call for a new election last month, Harris announced he wouldn’t run. That opened up the contest to a wide range of Republicans seeking to represent the district that runs from southeast Charlotte to rural areas south and east of Fayetteville.
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Posted in campaigns<https://electionlawblog.org/?cat=59>

“Ted Cruz campaign inaccurately reported loans from Goldman Sachs, Citibank loans, FEC says”<https://electionlawblog.org/?p=104199>
Posted on March 16, 2019 11:51 am<https://electionlawblog.org/?p=104199> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo reports.<https://www.washingtonpost.com/politics/ted-cruz-campaign-failed-to-disclose-goldman-sachs-citibank-loans-fec-says/2019/03/15/be67c9f6-474b-11e9-8aab-95b8d80a1e4f_story.html?utm_term=.b3670bdb6d16>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, federal election commission<https://electionlawblog.org/?cat=24>

Stacey Abrams Now Troublingly Claims She *Did* Win Her Election (After Earlier Saying Kemp Was The Legal, Though Perhaps Not Legitimate, Winner)<https://electionlawblog.org/?p=104197>
Posted on March 16, 2019 11:14 am<https://electionlawblog.org/?p=104197> by Rick Hasen<https://electionlawblog.org/?author=3>

This is troubling:
[https://pbs.twimg.com/profile_images/756576021076402176/Rc7pVMpW_bigger.jpg]<https://twitter.com/adamkelsey>
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Adam Kelsey<https://twitter.com/adamkelsey>
✔@adamkelsey<https://twitter.com/adamkelsey>

 · Mar 14, 2019<https://twitter.com/adamkelsey/status/1106278193160486912>
<https://twitter.com/adamkelsey/status/1106278193160486912>

Stacey Abrams, fresh off her meeting with Joe Biden earlier today in DC, said someone outside asked if she’s ever going to concede the Georgia gubernatorial election.

“I said, ‘no.’”
[View image on Twitter]<https://twitter.com/adamkelsey/status/1106278193160486912/photo/1>
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Adam Kelsey<https://twitter.com/adamkelsey>
✔@adamkelsey<https://twitter.com/adamkelsey>

On a presidential run, Abrams says she feels she has to consider it b/c people like her aren’t frequently mentioned, & tshe has much to offer.

Then, discussing her credentials, she added a possible Beto reference: “I did win my election, I just didn’t get to have the job.”
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<https://twitter.com/rickhasen/status/1106308509258268672>

If Abrams actually has now said that she *did* win her election, this is different (and more troublesome) than what she has said in the past. (That Kemp was the legal winner, whether or not legitimate, and there was no way to say if she would have won under fairer conditions)
<https://twitter.com/adamkelsey/status/1106284755610488833>
Adam Kelsey<https://twitter.com/adamkelsey/status/1106284755610488833>
✔@adamkelsey<https://twitter.com/adamkelsey/status/1106284755610488833>
Replying to @adamkelsey<https://twitter.com/adamkelsey/status/1106284755610488833>

On a presidential run, Abrams says she feels she has to consider it b/c people like her aren’t frequently mentioned, & tshe has much to offer.

Then, discussing her credentials, she added a possible Beto reference: “I did win my election, I just didn’t get to have the job.”<https://twitter.com/adamkelsey/status/1106284755610488833>

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Andrew Gillum<https://floridapolitics.com/archives/291121-andrew-gillum-suggests-counting-more-votes-could-have-changed-election-outcome> did not go quite as far about the Florida Governor’s race:

During an appearance on Real Time with Bill Maher<https://www.google.com/search?q=real+time+with+bill+maher&oq=real+time+&aqs=chrome.0.0l3j69i57j69i60l2.1871j1j4&sourceid=chrome&ie=UTF-8>, the Democrat asserted not every voter’s voice was heard in November.

“Had we been able to legally count every one of those votes not just in Florida but in Georgia, I wonder what the outcome may be,” Gillum said.
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Posted in chicanery<https://electionlawblog.org/?cat=12>

“Victory in Mississippi: Federal Appeals Court Rules State Must Redraw State Senate District Voting Lines”; Copy of 5th Circuit Order<https://electionlawblog.org/?p=104194>
Posted on March 16, 2019 11:05 am<https://electionlawblog.org/?p=104194> by Rick Hasen<https://electionlawblog.org/?author=3>

Release from the Laywers’ Committee via email:

Last night, a federal appeals court ordered Mississippi officials to redraw district lines for a state senate district in the Mississippi Delta, leaving undisturbed the finding by federal district judge Carlton Reeves that the boundaries diluted the African American vote in violation of Section 2 of the Voting Rights Act.  The U.S. Fifth Circuit Court of Appeals denied a request from state officials to conduct this fall’s election under the existing district lines and instead held that the legislature should draw new lines for State Senate District 22 to comply with the Act or allow the election to be held under an alternative plan adopted by Judge Reeves.

Court 2-1 order:
5th Circuit order<https://electionlawblog.org/wp-content/uploads/miss-5th-order.pdf>Download<https://electionlawblog.org/wp-content/uploads/miss-5th-order.pdf>
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Posted in Voting Rights Act<https://electionlawblog.org/?cat=15>

North Carolina: “No voter ID approval for 12 UNC campuses, including Chapel Hill”<https://electionlawblog.org/?p=104192>
Posted on March 16, 2019 10:56 am<https://electionlawblog.org/?p=104192> by Rick Hasen<https://electionlawblog.org/?author=3>

WRAL<https://www.wral.com/no-voter-id-approval-for-12-unc-campuses-including-chapel-hill/18263233/>:

Student IDs from a dozen University of North Carolina schools, including UNC-Chapel Hill, didn’t get the signoff they needed Friday for students to use them at the polls during the 2020 elections.

With a deadline in state law passing, it’s up to the General Assembly to act, or these IDs won’t satisfy the state’s new voter ID law next year.
Republican leaders have said they want students to be able to use campus IDs at the polls, but they declined this week to delay Friday’s deadline for the State Board of Elections to certify that each campus meets requirements laid out in state code late last year.

They did agree to put off North Carolina’s ID requirements for voting until 2020, meaning photo IDs won’t be required for elections this year. That includes a pair of called congressional elections in the 3rd and 9th districts.

The problem for most of the universities: They let students provide pictures for their own IDs. A law passed after voters approved a constitutional amendment in November requiring photo identification at the polls requires universities to take those pictures themselves or to have a contractor do it.
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Posted in election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>, voter id<https://electionlawblog.org/?cat=9>

Oral Advocates Announced for Partisan Gerrymandering SCOTUS Arguments March 26<https://electionlawblog.org/?p=104189>
Posted on March 15, 2019 2:50 pm<https://electionlawblog.org/?p=104189> by Rick Hasen<https://electionlawblog.org/?author=3>

From the hearing list<https://www.supremecourt.gov/oral_arguments/hearinglists/HearingList-March2019.pdf>:
[https://electionlawblog.org/wp-content/uploads/Screen-Shot-2019-03-15-at-2.50.08-PM-898x1024.png]
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Posted in redistricting<https://electionlawblog.org/?cat=6>, Supreme Court<https://electionlawblog.org/?cat=29>

Breaking: Supreme Court in Census Citizenship Case Adds Constitutional Question (Enumeration Clause) to the Ongoing Briefing in the Case<https://electionlawblog.org/?p=104186>
Posted on March 15, 2019 12:25 pm<https://electionlawblog.org/?p=104186> by Rick Hasen<https://electionlawblog.org/?author=3>

Hansi Lo Wang:<https://twitter.com/hansilowang/status/1106636579815260160>
View image on Twitter<https://twitter.com/hansilowang/status/1106636579815260160/photo/1>
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Hansi Lo Wang<https://twitter.com/hansilowang>
✔@hansilowang<https://twitter.com/hansilowang>

<https://twitter.com/hansilowang/status/1106636579815260160>

NEW: The Supreme Court has expanded the #CitizenshipQuestion<https://twitter.com/hashtag/CitizenshipQuestion?src=hash> case at #SCOTUS<https://twitter.com/hashtag/SCOTUS?src=hash> to consider whether including the question is unconstitutional, in addition to whether adding it violated administrative law[👇]https://www.supremecourt.gov/orders/courtorders/031519zr_5436.pdf …<https://t.co/EA9sXoIlR1>
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As to why the Court did this now, see my earlier post, DOJ Will Ask SCOTUS to Bypass 9th Circuit, and Hear Second Census Citizenship Question Case with NY Case at April 23 Oral Argument<https://electionlawblog.org/?p=104105>.
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Posted in census litigation<https://electionlawblog.org/?cat=125>, Supreme Court<https://electionlawblog.org/?cat=29>

“Small-dollar donors could hold the balance in 2020”<https://electionlawblog.org/?p=104184>
Posted on March 15, 2019 8:10 am<https://electionlawblog.org/?p=104184> by Rick Hasen<https://electionlawblog.org/?author=3>

Kate Ackley<https://www.rollcall.com/news/congress/small-dollar-donors-2020-democrats-president-money> for Roll Call.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>

--
Rick Hasen
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UC Irvine School of Law
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