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

[Rick Hasen]

Texas: “Sylvester Turner calls for investigation into Tony Buzbee ad, citing ‘deep fake’ law”<https://electionlawblog.org/?p=107738>
Posted on October 19, 2019 5:43 am<https://electionlawblog.org/?p=107738> by Rick Hasen<https://electionlawblog.org/?author=3>

Houston Chronicle<https://www.houstonchronicle.com/news/houston-texas/houston/article/Sylvester-Turner-calls-for-investigation-into-14545665.php?t=b2b0883da7>:

Mayor Sylvester Turner has called for the district attorney to open a criminal investigation into Tony Buzbee’s campaign over a television ad that appears to show edited photos of Turner and an allegedly fake text between the mayor and a 31-year-old intern who works at the airport.

The video, a 30-second spot<https://vimeo.com/primemediapartners/review/364834388/36bfa5b4e0> that began airing earlier this month, highlights a recent report that found Turner signed off on a $95,000-a-year executive internship for a man the mayor initially denied knowing, despite evidence of their prior connections.

In a statement, Turner contended the video violates a section of the Texas Election Code<https://statutes.capitol.texas.gov/Docs/EL/htm/EL.255.htm> that bars campaigns from creating “deep fake” videos, defined as an ad “created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality.”
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Posted in campaigns<https://electionlawblog.org/?cat=59>


“Electoral Reform Research Group Research Development Workshop (proposal deadline: December 6, 2019)”<https://electionlawblog.org/?p=107736>
Posted on October 19, 2019 5:42 am<https://electionlawblog.org/?p=107736> by Rick Hasen<https://electionlawblog.org/?author=3>

From New America<https://www.newamerica.org/political-reform/electoral-reform-research-group/>, of potential interest to researchers.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“At tense congressional hearing, Democrats argue for expanding the Voting Rights Act”<https://electionlawblog.org/?p=107734>
Posted on October 19, 2019 5:40 am<https://electionlawblog.org/?p=107734> by Rick Hasen<https://electionlawblog.org/?author=3>

Yahoo News reports.<https://www.yahoo.com/news/at-tense-congressional-hearing-democrats-argue-for-expanding-the-voting-rights-act-162603344.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Tulsi Gabbard Lashes Back at Hillary Clinton After Claim of Russian Influence”<https://electionlawblog.org/?p=107731>
Posted on October 19, 2019 5:38 am<https://electionlawblog.org/?p=107731> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/2019/10/18/us/politics/tulsi-gabbard-hillary-clinton-russia.html>:

Hillary Clinton waded into the Democratic primary on Friday by suggesting that Russia was backing Representative Tulsi Gabbard<https://www.nytimes.com/interactive/2020/us/elections/tulsi-gabbard.html?module=inline> of Hawaii for president and that Republicans were “grooming” her as a third-party candidate.

In response, Ms. Gabbard lashed out late in the afternoon with an extraordinary series of tweets in which she called Mrs. Clinton “the queen of warmongers, embodiment of corruption, and personification of the rot that has sickened the Democratic Party for so long.”
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Posted in chicanery<https://electionlawblog.org/?cat=12>


“The Pro-Trump Super PAC at the Center of the Ukraine Scandal Has Faced Multiple Campaign Finance Complaints”<https://electionlawblog.org/?p=107729>
Posted on October 19, 2019 5:36 am<https://electionlawblog.org/?p=107729> by Rick Hasen<https://electionlawblog.org/?author=3>

ProPublica:<https://www.propublica.org/article/the-pro-trump-super-pac-at-the-center-of-the-ukraine-scandal-has-faced-multiple-campaign-finance-complaints>

Last year, a Department of Defense contractor quietly donated half a million dollars to a group supporting President Donald Trump’s reelection.

Once a watchdog organization noticed it, the contribution raised an alarm. Federal contractors are not allowed to donate to political entities. And groups are required by law to examine all donations for potential legal issues. If they discover that a contractor has made a contribution, the money has to be returned.

The other unusual aspect of the donation was the man behind it. Randy Perkins, the founder of DOD contractor AshBritt Environmental, had no history of six-figure contributions to federal political groups, although he has been a regular donor<https://www.fec.gov/data/receipts/individual-contributions/?contributor_name=Perkins%2C+Rand&max_date=12%2F31%2F2020&contributor_state=FL> to Republicans for the past 15 years. He ran unsuccessfully for Congress<https://www.nytimes.com/elections/2016/results/florida-house-district-18-perkins-mast> as a Democrat in 2016.

The watchdog group pointed out that the money came in a day after AshBritt won a supplemental contract award worth $460,000 from the DOD for wildfire cleanup, bringing its contract total<https://www.usaspending.gov/#/award/66926361> to about $1.7 million.
Asked about the donation, Perkins said he had meant to make a personal donation to express his support for specific Trump policies: “I actually think this administration cares deeply about children and mental health issues.” He said the contract extension had nothing to do with the contribution.

America First Action, the Trump super PAC that accepted the donation, adjusted its report on the source of the funds only after the watchdog group, the Campaign Legal Center, filed a complaint with the Federal Election Commission. Since America First’s creation in 2017, it has refunded<https://www.fec.gov/data/disbursements/?cycle=2020&data_type=processed&committee_id=C00637512&line_number=F3X-28A> just a fraction of 1% of all the funds it has raised.
If you’ve been hearing about America First recently, it’s likely because two associates of presidential lawyer Rudy Giuliani were arrested on allegations that they illegally funneled money to the group.
But that case is not the only problem that has ensnared the PAC as its role in backing Republican candidates has grown.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, chicanery<https://electionlawblog.org/?cat=12>


“Tony Evers reschedules special election to May, calls on legislation to fix state rules”<https://electionlawblog.org/?p=107727>
Posted on October 19, 2019 5:29 am<https://electionlawblog.org/?p=107727> by Rick Hasen<https://electionlawblog.org/?author=3>

APG<https://www.apg-wi.com/news/state/tony-evers-reschedules-special-election-to-may-calls-on-legislation/article_6d60af8a-b093-5103-8577-8c644ce9a07e.html>:

Gov. Tony Evers has rescheduled the special election for Wisconsin’s northern 7th Congressional District to take place on May 12, with the special primary set to coincide with the Feb. 18 spring primary.
He also called on the Legislature to pass legislation to address the confusion that has resulted from a disparity between state and federal law as to when special elections can be held, and to reimburse local municipalities for special election costs.
In a statement Friday, Evers said the new dates were chosen based on federal law, portions of state law not preempted by federal law and on consultations with the Wisconsin Elections Commission, Wisconsin Department of Justice and U.S. Department of Justice.
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Posted in election administration<https://electionlawblog.org/?cat=18>


“To Win Giuliani’s Help, Oligarch’s Allies Pursued Biden Dirt”<https://electionlawblog.org/?p=107725>
Posted on October 19, 2019 5:26 am<https://electionlawblog.org/?p=107725> by Rick Hasen<https://electionlawblog.org/?author=3>

Bloomberg<https://www.bloomberg.com/news/articles/2019-10-18/to-win-giuliani-s-help-oligarch-s-allies-pursued-biden-dirt>:

Associates of a Ukrainian oligarch fighting extradition to the U.S. were working to dig up dirt on former Vice President Joe Biden last summer in an effort to get Rudy Giuliani’s help in the oligarch’s legal case, according to three people familiar with the exchanges.

Dmitry Firtash, charged with conspiracy by the U.S. and living in Vienna, shuffled lawyers in July to add Joe diGenova and Victoria Toensing, vocal supporters of President Donald Trump who had worked with Giuliani. Around that time, some of Firtash’s associates began to use his broad network of Ukraine contacts to get damaging information on Biden, the people said.

DiGenova and Toensing have billed Firtash about $1 million for their work, one of the people said. That includes costs for Lev Parnas, a Giuliani associate, as a translator and important contact, the person said. Parnas was arrested last week along with several associates and accused of conspiring to violate campaign-finance laws.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, chicanery<https://electionlawblog.org/?cat=12>


“Florida Can’t Block Former Felons From Voting If They Owe Money And Can’t Pay: Judge”<https://electionlawblog.org/?p=107723>
Posted on October 18, 2019 7:37 pm<https://electionlawblog.org/?p=107723> by Rick Hasen<https://electionlawblog.org/?author=3>

HuffPost:<https://www.huffpost.com/entry/florida-felon-voting-rights-amendment_n_5daa2b1ae4b0f34e3a758b7a?gkf4=>

Florida<https://www.huffpost.com/news/topic/florida> election officials can’t block a group of nearly 20 people with felony convictions from registering to vote if they can’t afford to repay their financial obligations, a federal judge in Florida ruled on Friday.

The ruling<https://big.assets.huffingtonpost.com/athena/files/2019/10/18/5daa26cce4b0422422c4c39e.pdf>, a preliminary injunction, is a victory for voting rights<https://www.huffpost.com/news/topic/voting-rights> groups that sued the state over a new law that required people with felony convictions to repay financial obligations before they could vote again.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Federal complaint filed to force upgrading Indiana voting machines by 2020 elections”<https://electionlawblog.org/?p=107721>
Posted on October 17, 2019 3:11 pm<https://electionlawblog.org/?p=107721> by Rick Hasen<https://electionlawblog.org/?author=3>

Indy Star:<https://www.indystar.com/story/news/politics/elections/2019/10/17/federal-complaint-force-upgrade-indiana-voting-machines/4006287002/>

An Indiana nonprofit has filed a federal complaint against the Indiana Election Commission and Indiana Secretary of State Connie Lawson over the state’s lack of voting machines that produce a paper trail.

On Thursday, Indiana Vote by Mail<https://indianavotebymail.org/> and five Indiana residents filed the complaint in the U.S. District Court for the Southern District of Indiana. Vote by Mail describes itself as a nonpartisan organization that is committed to passing legislation to make Indiana elections fair and accessible for all voters.

The 25-page complaint filed Thursday alleges that the state has exhibited a lack of urgency in eliminating the use of direct recording electronic, or DRE, voting machines. The complaint say DRE machines are susceptible to manipulation, and do not provide a voter-verified paper audit trail.
The complaint is calling for the decertification of DRE machines before the 2020 presidential election….
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Posted in election administration<https://electionlawblog.org/?cat=18>, voting technology<https://electionlawblog.org/?cat=40>


“Common Cause Honors Four Defenders of Democracy”<https://electionlawblog.org/?p=107719>
Posted on October 17, 2019 12:32 pm<https://electionlawblog.org/?p=107719> by Rick Hasen<https://electionlawblog.org/?author=3>

Release:<https://www.commoncause.org/press-release/common-cause-honors-four-defenders-of-democracy/>

Today, Common Cause honors four “Defenders of Democracy” who have played pivotal roles in reshaping America’s legal landscape to address the scourge of partisan gerrymandering. As the 2020 Decennial Census and the ensuing 2021 redistricting cycle fast approach, Common Cause recognizes the efforts of a small team of lawyers and experts who have successfully shifted the national conversation on redistricting – what is right and wrong, and how the law can provide meaningful remedies.
“We are pleased to recognize Jowei Chen, Jonah Knobler, Caroline Mackie, and Richard H. Pildes,” said Karen Hobert Flynn, president of Common Cause. “We recognize them for their critical work as Defenders of Democracy to expose the unconstitutional manipulation and partisan motivations behind partisan gerrymandering. Others cynically said partisan gerrymandering was just politics as usual and could not be solved. Common Cause created a team of the best and brightest to tackle the problem head-on through litigation, fundamentally transforming America’s political landscape.”
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Posted in election law biz<https://electionlawblog.org/?cat=51>


--
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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