[EL] ELB News and Commentary 5/17/19

Thu May 16 21:26:37 PDT 2019

“Facebook Bans Israeli Firm Over Fake Political Activity”<https://electionlawblog.org/?p=105186>
Posted on May 16, 2019 9:08 pm<https://electionlawblog.org/?p=105186> by Rick Hasen<https://electionlawblog.org/?author=3>

WSJ:<https://www.wsj.com/articles/facebook-bans-israeli-firm-over-fake-political-activity-11558030115?emailToken=01ff21bc677a3b1101000c7302640467ZDJkuEp/hAqSt9S5JKktyeywutZAQiYUhNV7+T4E8ZXrkWqkLzoCk2r9ckOla4nnQa7g/JlgDxElDJITsOSCISdcGth4U/cuf+62CHO1LFNgMpFGn1lDpGq+aloU4q6a&reflink=article_email_share>

Facebook said it removed hundreds of fake accounts, pages and groups linked to a commercial entity based in Israel, a rare move against a private operation as the social network tries to stamp out misinformation around global elections.

The company Thursday said it took down a network of 265 accounts, pages and groups, including 65 Facebook and four Instagram accounts, that posted content primarily pertaining to elections and other political activity in Africa, as well as Latin America and Southeast Asia.
About 2.8 million accounts followed one or more of the inauthen

tic pages, Facebook said in a blog post. Nine events—one dating back to October 2017 and one scheduled for May—were organized by the pages, though Facebook said it didn’t know if any events took place.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>

“9th Circuit rejects challenge to foreign-donation ban”<https://electionlawblog.org/?p=105184>
Posted on May 16, 2019 9:04 pm<https://electionlawblog.org/?p=105184> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico<https://www.politico.com/story/2019/05/16/9th-circuit-foreign-donation-ban-1329864>:

A federal appeals court has rejected a legal challenge to Congress’ ban on most foreign nationals donating to state and local election campaigns.
The 9th Circuit Court of Appeals upheld the ban Thursday, saying that a “summary” Supreme Court ruling in 2012 upholding the foreign-donation ban left lower-court judges obliged to turn down all First Amendment challenges to the statute.

However, that high-court decision — issued without briefing or argument — dealt with a lawsuit focused on federal elections. Critics of the ban have said that allowing it to extend into state and local political contests intrudes on the right of states and municipalities to control their own electoral processes.

Writing for a unanimous three-judge panel, Judge Milan Smith Jr. said Congress’ constitutional authority extends to setting rules for financial participation in state and local elections.

“As donations and contributions have grown more important to the campaign process, so too has concern over foreign influence in American elections,” wrote Smith, an appointee of President George W. Bush.

“A prohibition on campaign donations and contributions by foreign nationals is necessary and proper to the exercise of the immigration and foreign relations powers. … Accordingly, Congress was within its power when it acted to protect the country’s political processes after recognizing the susceptibility of the elections process to foreign interference,” added Milan in a 50-page opinion<http://cdn.ca9.uscourts.gov/datastore/opinions/2019/05/16/17-50337.pdf> joined by Judges Paul Watford and Andrew Hurwitz, both appointees of President Barack Obama.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

“Russian government hackers targeted small county in Florida panhandle in 2016”<https://electionlawblog.org/?p=105182>
Posted on May 16, 2019 8:57 pm<https://electionlawblog.org/?p=105182> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/world/national-security/floridas-house-members-demand-changes-to-disclosure-rules-on-election-hacking/2019/05/16/8e039672-77f8-11e9-bd25-c989555e7766_story.html?utm_term=.becde50d130a>:

The voter registration database of a small county in the Florida panhandle was breached by Russian government hackers in 2016, according to two U.S. officials.

The Russian military spy agency, the GRU, was responsible for the penetration of Washington County’s database, according to the two officials, who spoke on the condition of anonymity to discuss a sensitive matter. The county has a population of about 25,000.

Carol F. Rudd, county elections supervisor, declined to comment on the breach but said it’s important for federal, state and local officials to be able to communicate confidentially. “If each agency gets suspicious of the other’s ability to follow the rules of confidentiality, then those tenuous lines of communication quickly break down,” she said in an email. “That would set our security capabilities back years and severely compromise our ability to protect our elections. THAT would be a big win for the Russians going into 2020.”

Then-Florida Secretary of State Ken Detzner said he was “prohibited by law from commenting.” But “the citizens deserve and have a right to know important things with regard to their election security<https://www.washingtonpost.com/world/national-security/mueller-report-highlights-scope-of-election-security-challenge/2019/04/20/4b256304-62bc-11e9-9ff2-abc984dc9eec_story.html?utm_term=.a9ca07905fc1>. Over time, it’ll come out.”
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Posted in chicanery<https://electionlawblog.org/?cat=12>, election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>

“Don’t Rebrand Corruption”<https://electionlawblog.org/?p=105180>
Posted on May 16, 2019 10:28 am<https://electionlawblog.org/?p=105180> by Rick Hasen<https://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy blogs.<https://www.brennancenter.org/blog/dont-rebrand-corruption>
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Posted in bribery<https://electionlawblog.org/?cat=54>, campaign finance<https://electionlawblog.org/?cat=10>, Supreme Court<https://electionlawblog.org/?cat=29>

Kentucky State Board of Elections Violated State Open Records Rules in Denying Documents to ProPublica<https://electionlawblog.org/?p=105178>
Posted on May 16, 2019 9:58 am<https://electionlawblog.org/?p=105178> by Rick Hasen<https://electionlawblog.org/?author=3>

Jessica Huseman<https://twitter.com/JessicaHuseman/status/1127933666183741441> on this decision<https://www.documentcloud.org/documents/5998361-Kentucky-Open-Records-Decision-Huseman.html>:
View image on Twitter<https://twitter.com/JessicaHuseman/status/1127933666183741441/photo/1>
[View image on Twitter]<https://twitter.com/JessicaHuseman/status/1127933666183741441/photo/1>
[https://pbs.twimg.com/profile_images/1092967471873753088/p5AeCins_bigger.jpg]<https://twitter.com/JessicaHuseman>
<https://twitter.com/JessicaHuseman>
Jessica Huseman<https://twitter.com/JessicaHuseman>
✔@JessicaHuseman<https://twitter.com/JessicaHuseman>

<https://twitter.com/JessicaHuseman/status/1127933666183741441>

Today, the Kentucky Attorney General ruled that the Kentucky State Board of Elections improperly withheld 362 pages of public records from me, violating the law in *seven* different ways "at the direction of the Secretary of State's office."

Always appeal your denials.
<https://twitter.com/intent/like?tweet_id=1127933666183741441>
590<https://twitter.com/intent/like?tweet_id=1127933666183741441>
6:48 AM - May 13, 2019<https://twitter.com/JessicaHuseman/status/1127933666183741441>
<https://twitter.com/JessicaHuseman/status/1127933666183741441>
158 people are talking about this<https://twitter.com/JessicaHuseman/status/1127933666183741441>

Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“‘We were basically dead in the water’; Baltimore City ransomware attack affects board of elections”<https://electionlawblog.org/?p=105176>
Posted on May 16, 2019 9:33 am<https://electionlawblog.org/?p=105176> by Rick Hasen<https://electionlawblog.org/?author=3>

Electionline Weekly <https://electionline.org/electionline-weekly/#tab-1> reports.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, election administration<https://electionlawblog.org/?cat=18>

“Stacey Abrams: Why I Am Determined to End Voter Suppression”<https://electionlawblog.org/?p=105174>
Posted on May 16, 2019 8:55 am<https://electionlawblog.org/?p=105174> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT oped.<https://www.nytimes.com/2019/05/15/opinion/stacey-abrams-voting.html>
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“Common Cause Indiana Files Challenge to Indiana’s Unconstitutional Absentee Ballot Signature Match Rejections”<https://electionlawblog.org/?p=105172>
Posted on May 16, 2019 8:47 am<https://electionlawblog.org/?p=105172> by Rick Hasen<https://electionlawblog.org/?author=3>

Press release.<https://www.commoncause.org/indiana/press-release/common-cause-indiana-files-challenge-to-indianas-unconstitutional-absentee-ballot-signature-match-rejections/>
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Posted in election administration<https://electionlawblog.org/?cat=18>

Sen. Blunt Confirms McConnell Blocking Bipartisan Election Security Legislation (Video)<https://electionlawblog.org/?p=105170>
Posted on May 16, 2019 8:42 am<https://electionlawblog.org/?p=105170> by Rick Hasen<https://electionlawblog.org/?author=3>

Senate Democrats:<https://twitter.com/SenateDems/status/1129030567427751937>
<https://twitter.com/SenateDems/status/1129030567427751937>
[Embedded video]<https://twitter.com/SenateDems/status/1129030567427751937>
[https://pbs.twimg.com/profile_images/1016665985967849473/6vabMQtd_bigger.jpg]<https://twitter.com/SenateDems>
<https://twitter.com/SenateDems>
Senate Democrats<https://twitter.com/SenateDems>
✔@SenateDems<https://twitter.com/SenateDems>

<https://twitter.com/SenateDems/status/1129030567427751937>

WATCH: @SenatorDurbin<https://twitter.com/SenatorDurbin> asks: Why isn’t the Senate moving legislation to secure our elections?

A top Republican Senator admits: @SenateMajLdr<https://twitter.com/senatemajldr> Mitch McConnell is blocking legislation to secure our elections.
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1,181<https://twitter.com/intent/like?tweet_id=1129030567427751937>
7:27 AM - May 16, 2019<https://twitter.com/SenateDems/status/1129030567427751937>
<https://twitter.com/SenateDems/status/1129030567427751937>
1,042 people are talking about this<https://twitter.com/SenateDems/status/1129030567427751937>

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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“+100 Organizations send an open letter to 2020 presidential candidates urging them to support and campaign on democracy”<https://electionlawblog.org/?p=105168>
Posted on May 16, 2019 8:31 am<https://electionlawblog.org/?p=105168> by Rick Hasen<https://electionlawblog.org/?author=3>

Release<https://declarationforamericandemocracy.org/2020-letter-release/>:

Today, a coalition of more than 100 democracy, environmental, religion, good government, civil rights, and other groups from the Declaration of American Democracy coalition signed an open letter that was sent to all 2020 presidential candidates urging them to make comprehensive democracy reform an integral part of their campaign platforms. You can view the letter here<https://declarationforamericandemocracy.org/presidential-letters/>.

“The next president of the United States must stand with Americans across the country and commit to building a comprehensive democracy platform that returns power to the people,” said Lisa Gilbert, spokesperson for Declaration for American Democracy. “It is essential that the next president is committed to making sure every voter can cast a ballot free from barriers, ending the dominance of big money in politics, and curbing the culture of corruption in Washington, D.C. We must fix our broken political system before we can effectively address the challenges Americans face.”
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“What Will The Biggest Obstacles To The Ballot Box Be In 2020?”<https://electionlawblog.org/?p=105166>
Posted on May 16, 2019 7:37 am<https://electionlawblog.org/?p=105166> by Rick Hasen<https://electionlawblog.org/?author=3>

Tierney Sneed <https://talkingpointsmemo.com/muckraker/voting-rights-2020-election-restrictions-trends> for TPM.
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Posted in election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>

“Republicans Abandon Election Security”<https://electionlawblog.org/?p=105164>
Posted on May 16, 2019 7:34 am<https://electionlawblog.org/?p=105164> by Rick Hasen<https://electionlawblog.org/?author=3>

Eliza Newlin Carney<https://prospect.org/article/republicans-abandon-election-security>:

Russian attacks on the U.S. election infrastructure in 2016 were even more serious<https://www.npr.org/2019/05/14/723215498/florida-governor-says-russian-hackers-breached-two-florida-counties-in-2016> than reported at the time, recent disclosures show, and intelligence officials say they are bracing<https://www.nytimes.com/2019/04/26/us/politics/fbi-russian-election-interference.html> for more aggressive attacks from a wider array of foreign adversaries in 2020.

Yet instead of moving to shore up the nation’s vulnerable voting machines and databases, the Trump administration is sabotaging efforts to enhance election security at every turn. Trump’s determination to portray Russian interference as a hoax has made it taboo<https://www.nytimes.com/2019/04/24/us/politics/russia-2020-election-trump.html?module=inline> for members of his own administration to even talk about foreign meddling, and has derailed<https://www.rollcall.com/news/politics/senate-rules-cancels-election-security-markup> the leading bipartisan election security bill on Capitol Hill.

To make matters worse, Republicans have signaled<https://amp.kansascity.com/news/politics-government/article229016119.html?__twitter_impression=true> that they don’t even plan to hold a single hearing on election security legislation—despite a growing list of bills<https://www.wyden.senate.gov/news/press-releases/wyden-and-bicameral-coalition-introduce-bill-to-require-states-to-secure-elections-> introduced in recent weeks to block foreign interference on multiple fronts<https://thehill.com/policy/cybersecurity/443168-house-dems-reintroduce-bill-to-protect-elections-from-cyber-attacks>, many of them bipartisan<https://www.klobuchar.senate.gov/public/index.cfm/news-releases?ID=E5E340D8-08B7-4175-9B4C-FEE5D66EF046>. The reason? It seems that Senate Majority Leader Mitch McConnell is in such a fit of pique over House Democrats’ approval of sweeping democracy legislation<https://amp.kansascity.com/news/politics-government/article229016119.html?__twitter_impression=true> that he’s unwilling to discuss election legislation of any kind.
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Posted in election administration<https://electionlawblog.org/?cat=18>, The Voting Wars<https://electionlawblog.org/?cat=60>

--
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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