[EL] more news 11/15/19

Fri Nov 15 16:13:34 PST 2019

“North Carolina lawmakers OK new 2020 congressional maps. Now it’s up to the courts.”<https://electionlawblog.org/?p=108108>
Posted on November 15, 2019 4:08 pm<https://electionlawblog.org/?p=108108> by Rick Hasen<https://electionlawblog.org/?author=3>

News and Observer:<https://www.newsobserver.com/news/politics-government/article237398119.html>

The Republican-led North Carolina Senate approved a new congressional district map Friday to be used in 2020 that is likely to shrink the GOP’s edge in the state’s congressional delegation.
But Democrats plan to challenge the map in court again.
The map passed the N.C. House on Thursday, part of a swift process completed with the Dec. 2 opening of the filing period for congressional candidates in mind. Lawmakers drew the new map after a three-judge panel indicated it was likely to toss the previous map as an unconstitutional partisan gerrymander. The map passed the Senate on a party line vote<https://www.ncleg.gov/Legislation/Votes/RollCallVoteTranscript/2019/S/660>….

The Senate debate lasted more than an hour with Republican Sen. Jerry Tillman complaining that Republicans were having to redraw the districts in the first place.

“For 140 years, you all drew the maps,” he said toward Democrats. “You drew them for 140 years, we sat there and didn’t like it, but we took it. … We’re doing exactly what you all did for 140 years and it was constitutionally OK.”

Update: Plaintiffs have already filed their objections <https://static1.squarespace.com/static/5beeefdbf407b4c074e45ec6/t/5dcf1ecbd251b529c9204ec3/1573854923782/Plaintiffs+Brief+on+Remedial+Process.pdf> to this new plan. I expect we will see Nate Persily drawing maps. (Unlike the last time, where the court went along with the new lines, this one passed on a party line vote.)
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Posted in redistricting<https://electionlawblog.org/?cat=6>

After Bevins Debacle, Is It Time for Kentucky to Adopt Ranked Choice Voting?<https://electionlawblog.org/?p=108106>
Posted on November 15, 2019 4:04 pm<https://electionlawblog.org/?p=108106> by Rick Hasen<https://electionlawblog.org/?author=3>

David Daley makes the case<https://www.courier-journal.com/story/opinion/2019/11/15/kentucky-elections-how-inspire-confidence-results/2567116001/>.
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Posted in alternative voting systems<https://electionlawblog.org/?cat=63>

Campaign Legal Center Unsuccessfully Fights Effort to Allow Clinton Campaign and Allied Super PAC to Defend Itself in Federal Court (Comment from Marc Elias)<https://electionlawblog.org/?p=108104>
Posted on November 15, 2019 4:02 pm<https://electionlawblog.org/?p=108104> by Rick Hasen<https://electionlawblog.org/?author=3>

Court order<https://www.scribd.com/document/435203832/2019-11-15-Opinion>.

Comment from Marc Elias via email: “The idea that a so called good government group would use the fact that the FEC is shorthanded to try to score a victory in court and not let the case be defended is outrageous.  Whatever you may think of the underlying merits, the idea of having both sides represented in an adversarial process is foundational to the rule of law.”
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, federal election commission<https://electionlawblog.org/?cat=24>

“Dem group files third voting rights lawsuit, this one targeting Benson”<https://electionlawblog.org/?p=108102>
Posted on November 15, 2019 3:58 pm<https://electionlawblog.org/?p=108102> by Rick Hasen<https://electionlawblog.org/?author=3>

Detroit News:<https://www.detroitnews.com/story/news/local/michigan/2019/11/15/dem-group-files-third-voting-rights-lawsuit-one-targeting-benson/4205028002/>

A Democratic group has filed a third voting rights lawsuit against the state of Michigan, targeting Secretary of State Jocelyn Benson about an automatic registration law.
The lawsuit argues that the treatment by Michigan’s automatic registration law of people under the age of 17 ½ and the Legislature’s limits on proof of residency at the time of registration constitute undue burdens on voters’ constitutional rights.

You can find the state law complaint at this link<https://www.scribd.com/document/435203583/Summons-and-Complaint-11-15-2019>.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“Grassroots Money Beats Amazon in Seattle; ‘Democracy dollars’ and an influx of small donations powered progressive city council members to victory over corporate money.”<https://electionlawblog.org/?p=108100>
Posted on November 15, 2019 1:32 pm<https://electionlawblog.org/?p=108100> by Rick Hasen<https://electionlawblog.org/?author=3>

Nick Nyhart and Adam Eichen at TAP.<https://prospect.org/politics/grassroots-money-beats-amazon-in-seattle/>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>

In Extensive Opinion, Federal District Court Holds Unconstitutional Florida Rule Dictating Ballot Order of Candidates Based on Winner of Governor’s Race<https://electionlawblog.org/?p=108098>
Posted on November 15, 2019 9:04 am<https://electionlawblog.org/?p=108098> by Rick Hasen<https://electionlawblog.org/?author=3>

Based on social science of the “primacy effect” giving candidates listed first on the ballot a benefit, a federal district court has struck down<https://electionlawblog.org/wp-content/uploads/FLorida-Ballot-Order.pdf> Florida’s law dictating ballot order of candidates based on the winner of the last governor’s race as unconstitutional.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“Clerks facing challenges with absentee voting skyrocketing in Michigan elections”<https://electionlawblog.org/?p=108094>
Posted on November 15, 2019 8:41 am<https://electionlawblog.org/?p=108094> by Rick Hasen<https://electionlawblog.org/?author=3>

Detroit Free Press:<https://www.freep.com/story/news/politics/2019/11/15/absentee-voting-surges-michigan-creating-challenges-local-clerks/2533356001/>

With absentee voting skyrocketing since voters approved a ballot proposal  last year allowing for its expansion, clerks across the state are worrying about counting ballots next year, when a record turnout is expected for the presidential race.
Some clerks and Secretary of State Jocelyn Benson are calling on the state to allow election officials to be able to open and prepare absentee ballots for counting — and maybe even begin tabulating — votes before Election Day.
Opponents worry that early processing and counting could lead to more voter fraud because ballots could be less secure until they’re ready to be counted. They’re also concerned that results could leak out and have a chilling effect on voters who haven’t cast ballots yet.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, election administration<https://electionlawblog.org/?cat=18>

--
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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