[EL] ELB News and Commentary 10/7/19

Mon Oct 7 08:46:17 PDT 2019

My Upcoming Book Election Meltdown Receives Kirkus Starred Review; Available in Time for Spring Classes<https://electionlawblog.org/?p=107600>
Posted on October 7, 2019 8:31 am<https://electionlawblog.org/?p=107600> by Rick Hasen<https://electionlawblog.org/?author=3>

I’m thrilled that my upcoming book, Election Meltdown<https://yalebooks.yale.edu/book/9780300248197/election-meltdown>, has received a rare starred review<https://www.kirkusreviews.com/book-reviews/richard-l-hasen/election-meltdown/> from Kirkus:

A hard-hitting critique of the American election process as timely as it is frightening.

In a slim, cogently argued analysis, legal scholar Hasen (Law and Political Science/Univ. of California, Irvine; The Justice of Contradictions: Anthony Scalia and the Politics of Disruption, 2018, etc.) points to four dangers threatening the voting process in 2020 and beyond: “voter suppression, pockets of electoral incompetence, foreign and domestic dirty tricks,” and “a rising incendiary rhetoric about ‘stolen’ or ‘rigged’ elections.” … Required reading for legislators and voters.

Amazon preorder<https://www.amazon.com/Election-Meltdown-Distrust-American-Democracy/dp/0300248199?SubscriptionId=AKIAIXFKFJI6IH6DO5KQ&tag=kirkus-20&linkCode=xm2&camp=2025&creative=165953&creativeASIN=0300248199>; Independent bookstore<http://www.indiebound.org/book/9780300248197?aff=kirkus_reviews> preorder.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>

“‘We Absolutely Could Not Do That’: When Seeking Foreign Help Was Out of the Question”<https://electionlawblog.org/?p=107598>
Posted on October 7, 2019 8:27 am<https://electionlawblog.org/?p=107598> by Rick Hasen<https://electionlawblog.org/?author=3>

Peter Baker for the NYT<https://www.nytimes.com/2019/10/06/us/politics/trump-foreign-influence.html>:

President Trump insists he and his attorney general did nothing wrong<https://www.nytimes.com/2019/09/24/us/politics/trump-un.html?module=inline> by seeking damaging information about his domestic opponents from Ukraine, Australia, Italy and Britain or by publicly calling on China to investigate<https://www.nytimes.com/2019/10/03/us/politics/trump-china-bidens.html?module=inline> his most prominent Democratic challenger. But for every other White House in the modern era, Republican and Democratic, the idea of enlisting help from foreign powers for political advantage was seen as unwise and politically dangerous, if not unprincipled.
A survey of 10 former White House chiefs of staff under Presidents Ronald Reagan, Bush, Clinton, George W. Bush and Barack Obama found that none recalled any circumstance under which the White House had solicited or accepted political help from other countries, and all said they would have considered the very idea out of bounds.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Trump Publicly Embraces What Others Would Hide”<https://electionlawblog.org/?p=107596>
Posted on October 7, 2019 8:21 am<https://electionlawblog.org/?p=107596> by Rick Hasen<https://electionlawblog.org/?author=3>

I spoke to<https://www.npr.org/2019/10/05/767488441/trump-publicly-embraces-what-others-would-hide> Tamara Keith of NPR for Weekend Edition Saturday.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Sad News: “Bickerstaff, go-to lawyer for redistricting, election law, dies in Austin”<https://electionlawblog.org/?p=107593>
Posted on October 7, 2019 8:14 am<https://electionlawblog.org/?p=107593> by Rick Hasen<https://electionlawblog.org/?author=3>

Very sad <https://www.statesman.com/news/20191006/bickerstaff-go-to-lawyer-for-redstricting-election-law-dies-in-austin> to hear this news about Steve Bickerstaff:

Steve Bickerstaff, a former University of Texas law professor and an election law expert who helped guide state and local governments through the legal pitfalls surrounding redistricting and voting rights issues, died Friday in Austin, his law firm announced.
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Posted in election law biz<https://electionlawblog.org/?cat=51>

“Trump’s Ukraine Call Might Violate Election Laws, But No One’s Enforcing Them”<https://electionlawblog.org/?p=107591>
Posted on October 7, 2019 8:12 am<https://electionlawblog.org/?p=107591> by Rick Hasen<https://electionlawblog.org/?author=3>

NPR reports.<https://www.npr.org/2019/10/05/767261398/trumps-ukraine-call-might-violate-election-laws-but-no-one-s-enforcing-them>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, federal election commission<https://electionlawblog.org/?cat=24>

“Russia likely to focus on voter suppression in 2020, feds warn states”<https://electionlawblog.org/?p=107589>
Posted on October 7, 2019 8:08 am<https://electionlawblog.org/?p=107589> by Rick Hasen<https://electionlawblog.org/?author=3>

CNN<https://www.cnn.com/2019/10/03/politics/russia-voter-suppression-warning/index.html>:

The federal government warned state election officials Thursday it suspects Russia may focus on voter suppression as a means to interfere in the 2020 presidential election.

The joint FBI and Department of Homeland Security document, obtained by CNN and marked For Official Use Only, is titled “Russia May Try to Discourage Voter Turnout and Suppressing Votes in 2020 US Election.”
It warns of three potential ways the Russian government “might seek to covertly discourage or suppress US voters from participating in next year’s election.”

Russia may try to recruit Americans to protests and intimidate voters, sow discord online within political parties and try to hack voter registration sites or knock them offline, the report warns.

We have high confidence in this assessment based reports by firms with expertise in social network analysis, open source press reporting, and observed activity of Russian-linked social media actors,” the document reads.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>

To the Printer and Out in Mid-November: The Second Edition of Examples and Explanations: Legislation, Statutory Interpretation, and Election Law<https://electionlawblog.org/?p=107587>
Posted on October 7, 2019 7:59 am<https://electionlawblog.org/?p=107587> by Rick Hasen<https://electionlawblog.org/?author=3>

I’m very excited about the new second edition of my E&E<https://www.wklegaledu.com/hasen-ee-legislation2>, which is a student study aid (mini treatise with practice essay exam questions and answers). It is suitable for courses in Legislation, Leg-Reg, Statutory Interpretation, Election Law, Campaign Finance and Voting Rights.
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Posted in pedagogy<https://electionlawblog.org/?cat=23>

Aprill: “A Tax Lesson for Election Law”<https://electionlawblog.org/?p=107585>
Posted on October 7, 2019 7:52 am<https://electionlawblog.org/?p=107585> by Rick Hasen<https://electionlawblog.org/?author=3>

Ellen Aprill has an important new piece<https://www.taxnotes.com/special-reports/legislation-and-lawmaking/tax-lesson-election-law/2019/09/26/29z0y> at Tax Notes building off the Price for Congress request for an advisory opinion, and lucky for us you can get it from behind the paywall:

An August 22 deadlock by the Federal Election Commission regarding a request for an advisory opinion highlights the complicated role that tax law plays in regulating campaign finance. It underscores important differences between section 501(c)(3)<https://www.taxnotes.com/lr/resolve/cqfp#cqfp-0000011> and (c)(4) organizations not only under section 501(c)<https://www.taxnotes.com/lr/resolve/cqfp#cqfp-0000004>, but also under section 527<https://www.taxnotes.com/lr/resolve/cp3x>. Moreover, because the resignation of the FEC vice chair has left the commission without quorum and thus unable to act,1<https://www.taxnotes.com/special-reports/legislation-and-lawmaking/tax-lesson-election-law/2019/09/26/29z0y#29xxv-0000006> tax regulation of campaign finance has increased importance.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, federal election commission<https://electionlawblog.org/?cat=24>, tax law and election law<https://electionlawblog.org/?cat=22>

“Is It Ever OK for a President to Ask a Foreign Country to Investigate a Political Rival?”<https://electionlawblog.org/?p=107583>
Posted on October 6, 2019 10:18 pm<https://electionlawblog.org/?p=107583> by Rick Hasen<https://electionlawblog.org/?author=3>

Ned Foley<https://www.politico.com/magazine/story/2019/10/06/trump-ukraine-investigate-rival-229341> for Politico.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

--
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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