[EL] ELB News and Commentary 3/18/19

Mon Mar 18 08:34:09 PDT 2019

“Kansas hopes to resurrect proof-of-citizenship voting law championed by Kobach”<https://electionlawblog.org/?p=104231>
Posted on March 18, 2019 8:21 am<https://electionlawblog.org/?p=104231> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<http://www2.ljworld.com/news/state-government/2019/mar/18/kansas-hopes-to-resurrect-proof-of-citizenship-voting-law-championed-by-kobach/>:

A federal appeals court will hear arguments Monday over the constitutionality of a struck-down Kansas law that required people to provide documents proving their U.S. citizenship before they could register to vote.

In a case with national implications for voting rights, Kansas faces an uphill battle to resurrect the law once championed by former Kansas Secretary of State Kris Kobach , who led President Donald Trump’s now-defunct voter fraud commission.

A three-judge panel of the 10th Circuit Court of Appeals temporarily blocked Kobach in 2016 from fully enforcing the law, calling it “a mass denial of a fundamental constitutional right.” The issue is back before the appellate court after U.S. District Judge Julie Robinson struck it down last year and made permanent the earlier injunction.

“Kansas was the tip of the spear of an effort to make it harder for people to register under the guise of protecting elections from a nonexistent epidemic of noncitizen voting. Those efforts haven’t stopped as this case illustrates, and I think this case will be closely watched,” said Dale Ho, director of the American Civil Liberties Union’s Voting Rights Project.
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Posted in election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>, voter registration<https://electionlawblog.org/?cat=37>

“Partisan Gerrymandering Returns to a Transformed Supreme Court”<https://electionlawblog.org/?p=104229>
Posted on March 18, 2019 8:04 am<https://electionlawblog.org/?p=104229> by Rick Hasen<https://electionlawblog.org/?author=3>

Adam Liptak NYT Sidebar column<https://www.nytimes.com/2019/03/18/us/politics/gerrymandering-supreme-court.html>.
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Posted in redistricting<https://electionlawblog.org/?cat=6>, Supreme Court<https://electionlawblog.org/?cat=29>

About Those Supposed 58,000 Noncitizen Voters in Texas? So Far 14 Registrations Were Cancelled, and Some of Those May Be Citizens<https://electionlawblog.org/?p=104227>
Posted on March 18, 2019 7:46 am<https://electionlawblog.org/?p=104227> by Rick Hasen<https://electionlawblog.org/?author=3>

Texas Tribune<https://www.texastribune.org/2019/03/15/texas-counties-removed-14-voters-rolls-citizenship-review/>:

Fourteen Texas voters caught up in the secretary of state’s botched review of the voter rolls for supposed noncitizens had their registrations canceled but have since been reinstated, state officials told a federal judge Friday.

The Texas Attorney General’s Office informed the San Antonio court judge as part of the ongoing litigation over the state’s error-riddled review, through which almost 100,000 individuals were marked as possible noncitizens. Seven counties marked the voting registration of 14 individuals as canceled because the voters had failed to respond to letters that demanded they prove their citizenship.

Counties were canceling voters’ registrations as recently as Wednesday — well after federal District Judge Fred Biery halted the review effort on Feb. 27<https://www.texastribune.org/2019/02/27/federal-blocks-texas-purging-voters-citizenship-review/> and ordered local officials to hold off on removing any voters from the voter rolls without his approval.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“We know Trump drives turnout. Here’s how states can get even more people to vote.”<https://electionlawblog.org/?p=104225>
Posted on March 18, 2019 7:43 am<https://electionlawblog.org/?p=104225> by Rick Hasen<https://electionlawblog.org/?author=3>

Michael McDonald and Brian Miller USA Today oped:<https://www.usatoday.com/story/opinion/2019/03/18/trump-and-states-can-drive-voter-turnout-100-year-high-2020-column/3186012002/>

Political engagement in America is surging.  More than 118 million<http://www.electproject.org/2018g> people participated in the November elections, marking the first time more than 100 million Americans voted in any midterm. Raw numbers can be misleading in an increasing population, but even the rate of turnout was historic, with more than half of eligible voters participating. The last time a midterm turnout rate was over 50 percent was more than a century ago, in 1914<http://www.electproject.org/national-1789-present>.

This is a dramatic change from just four years ago, when the 2014 midterms had the lowest turnout rate since 1942.

What explains the amazing, tremendous return to Americans being great Americans again? The obvious answer is President Donald Trump. Whether you love him or you hate him, he inflames passions. And when people want to express themselves, they will. The 2020 presidential election promises to be another 100-year storm of voters.

Yet these pats on the back are because only half of eligible citizens voted in the last midterm elections, and maybe two-thirds will vote in the upcoming presidential election. Our new America Goes to the Polls 2018<http://americagoestothepolls.org/>report shows how we can do better.
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Posted in voter registration<https://electionlawblog.org/?cat=37>, voting<https://electionlawblog.org/?cat=31>

“One Way to Spot a Partisan Gerrymander”<https://electionlawblog.org/?p=104223>
Posted on March 18, 2019 7:03 am<https://electionlawblog.org/?p=104223> by Nicholas Stephanopoulos<https://electionlawblog.org/?author=12>

A nice analysis by FiveThirtyEight<https://projects.fivethirtyeight.com/partisan-gerrymandering-north-carolina/> using the partisan bias metric and covering North Carolina’s congressional plan (extremely skewed in Republicans’ favor), the court-drawn remedial plan in Pennsylvania (almost perfectly neutral), and all congressional plans currently in effect (exhibiting a significant pro-Republican tilt).

To support their argument that the 2016 map is a partisan gerrymander that disadvantages Democrats, the challengers use<https://www.brennancenter.org/sites/default/files/legal-work/2018-08-27-142-Memorandum%20Opinion.pdf#page=190> an expert’s finding that the map’s partisan bias in the 2016 election was the largest in the state since at least 1972. In the chart below, which looks at the state’s congressional elections since 1992, you can see that the partisan bias against Democrats increased dramatically in this decade.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Today’s Must-Read from David Leonhardt: “It Isn’t Complicated: Trump Encourages Violence”<https://electionlawblog.org/?p=104220>
Posted on March 17, 2019 6:15 pm<https://electionlawblog.org/?p=104220> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT column<https://www.nytimes.com/2019/03/17/opinion/trump-violence.html?smid=nytcore-ios-share>.
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Posted in social media and social protests<https://electionlawblog.org/?cat=58>

New Documentary on Voter Suppression and Gerrymandering, “Rigged,” Now Available for Preorder on iTunes (Available April 2)<https://electionlawblog.org/?p=104217>
Posted on March 17, 2019 6:01 pm<https://electionlawblog.org/?p=104217> by Rick Hasen<https://electionlawblog.org/?author=3>

This is worth watching<https://www.youtube.com/watch?v=gxpK_ZdCSOo&feature=youtu.be>, and is well done, even though I don’t agree with everything in it. They’ve got some interviews with the major players. I’ve talked to the producers about this project over the last few years (and I’m even in it for about 3 seconds). (Preorder info at Apple iTunes<https://itunes.apple.com/us/movie/rigged-the-voter-suppression-playbook/id1452951079>.)
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“U.S. Supreme Court to hear arguments in appeal of Virginia racial gerrymandering case”<https://electionlawblog.org/?p=104215>
Posted on March 17, 2019 5:54 pm<https://electionlawblog.org/?p=104215> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/local/virginia-politics/us-supreme-court-to-hear-arguments-in-appeal-of-virginia-racial-gerrymandering-case/2019/03/17/a5bdcf60-4721-11e9-8aab-95b8d80a1e4f_story.html?utm_term=.34d0ee98ed40>:

The U.S. Supreme Court will hear arguments Monday in a redistricting case that could help determine the balance of power in Virginia’s legislature for years to come.
A panel of lower-court judges ruled last year <https://www.washingtonpost.com/local/public-safety/court-strikes-down-virginia-house-districts-as-racial-gerrymandering/2018/06/26/4e953752-7993-11e8-80be-6d32e182a3bc_story.html?utm_term=.bab4f922575a> that 11 Virginia House of Delegates districts were racially gerrymandered and ordered a new map to correct them. House Republicans appealed that finding and will argue against the new map Monday before the high court.
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Posted in redistricting<https://electionlawblog.org/?cat=6>, Supreme Court<https://electionlawblog.org/?cat=29>

Arizona: “Republican lawmaker prompts state investigation of Tempe ban on dark money”<https://electionlawblog.org/?p=104213>
Posted on March 17, 2019 4:18 pm<https://electionlawblog.org/?p=104213> by Rick Hasen<https://electionlawblog.org/?author=3>

Arizona Capitol Times reports.<https://azcapitoltimes.com/news/2019/03/13/republican-lawmaker-prompts-state-investigation-of-tempe-ban-on-dark-money/>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

“Is it Time for Corporate Political Spending Disclosure?”<https://electionlawblog.org/?p=104211>
Posted on March 17, 2019 4:15 pm<https://electionlawblog.org/?p=104211> by Rick Hasen<https://electionlawblog.org/?author=3>

Cydney Posner<https://corpgov.law.harvard.edu/2019/03/17/is-it-time-for-corporate-political-spending-disclosure/> at Harvard Law Review Forum on Corporate Governance and Financial Regulation.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

NYT Reporting Suggests That Cindy Yang Illegally Funneled Contributions Through Conduits to Reach $50,000 Threshold for Picture with Donald Trump<https://electionlawblog.org/?p=104207>
Posted on March 16, 2019 12:42 pm<https://electionlawblog.org/?p=104207> by Rick Hasen<https://electionlawblog.org/?author=3>

This story<https://www.nytimes.com/2019/03/16/us/cindy-yang-trump-donations.html> is going to get bigger:

The Republican National Committee promised an “evening reception with Donald J. Trump” last March at his Mar-a-Lago resort in Palm Beach, Fla.

A contribution of $2,700 toward the president’s re-election would get you in the door. Two seats for dinner were on offer for $25,000. And there was a third option: for $50,000, dinner for two and a photo with Mr. Trump.

Cindy Yang was determined to get the photo.

But there was a hurdle. The invitation limited campaign contributions to $5,400 per person, so Ms. Yang, a Chinese immigrant who had set up a string of day spas in Florida and was active in groups backed by the Chinese government and Communist Party, needed others to chip in.
Over the weeks leading up to the event, at least nine people in Ms. Yang’s orbit, some of them with modest incomes, made donations at exactly $5,400. She ended up at the dinner….

One of the $5,400 political donations came from a 25-year old woman who gives facials at a beauty school, in a strip mall in nearby Palm Beach Gardens that is owned by Ms. Yang’s family. Another $5,400 came from a woman who says she worked as a receptionist at a massage parlor owned by Ms. Yang’s husband. A third gift of $5,400 came from an associate of Ms. Yang’s who had been charged in 2014 after a prostitution sting with practicing health care without a license, police records show.

The receptionist, Bingbing Peranio, listed as a “manager” on her disclosure, spoke with a reporter about her relationship with Ms. Yang. She described herself as a big fan of Mr. Trump’s and said Ms. Yang, a registered Republican, was seen as a leader among Asian-American Republicans in Florida.

Ms. Peranio said Ms. Yang had come to the spa where she worked at the time and helped fill out the check toward the president’s campaign. “I can’t say she was pushing me or not pushing me, but I worked there then,” she said, speaking at her home in Jupiter. “I was working there. I didn’t say no.”

Asked if Ms. Yang had reimbursed her for the $5,400, Ms. Peranio said, “I do not want to answer that question.” Reimbursing someone for a political contribution or contributing in the name of another person is illegal.

One question is why Yang did not simply write a $50,000 check, which would have been legal so long as it went to a joint fundraising committee (having the money spread out across various organizations. (In other words, only the first $5,400 would go to Trump campaign, and next dollars would go to other national or party committee accounts, or other candidates.)

Perhaps she did not know how JFCs work, or perhaps the money was being reimbursed by someone else (perhaps someone not entitled to make contributions as a foreign national). We will have to wait and see.
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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>

Texas: “Senate Democrats unmoved as DPS shoulders blame for voter purge errors”<https://electionlawblog.org/?p=104205>
Posted on March 16, 2019 12:19 pm<https://electionlawblog.org/?p=104205> by Rick Hasen<https://electionlawblog.org/?author=3>

San Antonio Express-News<https://www.expressnews.com/news/politics/texas_legislature/article/Senate-Democrats-unmoved-as-DPS-shoulders-blame-13691638.php?t=2fc669bc0d>:

Senate Democrats still pledge to block the confirmation of embattled Secretary of State David Whitley, even asa top Texas law enforcement official is taking blame for major errors in a list of suspected non-citizen voters.

“I take full responsibility as the leader of the Department of Public Safety,” Steven McCraw told the Senate Criminal Justice Committee this week. Had the department assigned a “senior level person” to the project, he said, it wouldn’t have turned over bad data that included thousands of people who had already proven their citizenship.

“I can tell you throughout the entire project, the secretary was not involved in any of it because he wasn’t there at the time,” McCraw said.

The mea culpa, however, is being met with skepticism from county election officials, who first identified mistakes in the state list, and from Senate Democrats, who still fault Whitley. He had been on the job about six weeks before launching the attempted purge.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>

“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>
<https://twitter.com/adamkelsey>
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>
[https://pbs.twimg.com/profile_images/756576021076402176/Rc7pVMpW_bigger.jpg]<https://twitter.com/adamkelsey>
<https://twitter.com/adamkelsey>
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.”
<https://twitter.com/intent/like?tweet_id=1106284755610488833>
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1:03 PM - Mar 14, 2019<https://twitter.com/adamkelsey/status/1106284755610488833>
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266 people are talking about this<https://twitter.com/adamkelsey/status/1106284755610488833>

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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.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D104197&title=Stacey%20Abrams%20Now%20Troublingly%20Claims%20She%20*Did*%20Win%20Her%20Election%20(After%20Earlier%20Saying%20Kemp%20Was%20The%20Legal%2C%20Though%20Perhaps%20Not%20Legitimate%2C%20Winner)>
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>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D104194&title=%E2%80%9CVictory%20in%20Mississippi%3A%20Federal%20Appeals%20Court%20Rules%20State%20Must%20Redraw%20State%20Senate%20District%20Voting%20Lines%E2%80%9D%3B%20Copy%20of%205th%20Circuit%20Order>
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.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D104192&title=North%20Carolina%3A%20%E2%80%9CNo%20voter%20ID%20approval%20for%2012%20UNC%20campuses%2C%20including%20Chapel%20Hill%E2%80%9D>
Posted in election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>, voter id<https://electionlawblog.org/?cat=9>

--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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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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