[EL] ELB News and Commentary 4/2/20

Wed Apr 1 19:49:36 PDT 2020

Can Wisconsin Conduct a Democratic Election on Tuesday? Federal Judge and Ned Foley Suggest No<https://electionlawblog.org/?p=110360>
Posted on April 1, 2020 7:45 pm<https://electionlawblog.org/?p=110360> by Rick Hasen<https://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel:<https://www.jsonline.com/story/news/politics/2020/04/01/judge-signals-he-expand-voting-but-not-delay-wisconsins-election/5097887002/>

A federal judge slammed Gov. Tony Evers and lawmakers Wednesday for ignoring their responsibilities by not postponing next week’s election because of the coronavirus pandemic as the Democratic governor prepared to deploy the National Guard to help at the polls.

“The State of Wisconsin’s Legislature and governor are not willing to step up and say there’s a public health crisis and make it absolutely clear that we should not be allowing poll workers and voters to congregate on April 7,” U.S. District Judge William Conley said near the end of a four-hour hearing.

Conley said he did not believe he had the power to delay Tuesday’s election but would consider making some changes to voting rules. He said those who have brought lawsuits could come back to him after the election if they believe large numbers of people were disenfranchised.

Conley gave his views of the case as Democratic presidential candidate Bernie Sanders called for delaying the election<https://www.jsonline.com/story/news/politics/elections/2020/04/01/bernie-sanders-calls-delay-tuesdays-wisconsin-election/5103804002/> and Milwaukee Mayor Tom Barrett — who is on Tuesday’s ballot — said voters should vote absentee instead of going to the polls<https://www.jsonline.com/story/news/local/milwaukee/2020/04/01/coronavirus-milwaukee-barrett-says-its-dangerous-go-polls/5108992002/>. Voting in person will be dangerous, Barrett said.

Ned Foley:<https://twitter.com/Nedfoley/status/1245516582123712514>

<https://twitter.com/Nedfoley>
Ned Foley at Nedfoley<https://twitter.com/Nedfoley>

<https://twitter.com/Nedfoley/status/1245516582123712514>

From afar, it seems like Wisconsin is in danger of having election that fails in essential purpose to reflect will of electorate.(I don't say that lightly.) Last week governor orders citizens to stay at home, but now wants in-person voting? Makes no sense https://ww.jsonline.com/story/news/politics/2020/04/01/judge-signals-he-expand-voting-but-not-delay-wisconsins-election/5097887002/ …
<https://t.co/DopuN83GQ2>
 <https://t.co/DopuN83GQ2>
Judge signals he will expand voting but not delay Wisconsin's election amid coronavirus outbreak<https://t.co/DopuN83GQ2>

A judge is signalling he will not move next week's presidential primary but will expand people's ability to vote during the coronavirus pandemic.<https://t.co/DopuN83GQ2>
jsonline.com<https://t.co/DopuN83GQ2>

<https://twitter.com/intent/like?tweet_id=1245516582123712514>
9<https://twitter.com/intent/like?tweet_id=1245516582123712514>
6:01 PM - Apr 1, 2020<https://twitter.com/Nedfoley/status/1245516582123712514>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/Nedfoley>
See Ned Foley's other Tweets<https://twitter.com/Nedfoley>

Daniel Jacobson offers this provocative thesis<https://twitter.com/Dan_F_Jacobson/status/1245486548885307398>:

<https://twitter.com/Dan_F_Jacobson>
Daniel Jacobson at Dan_F_Jacobson<https://twitter.com/Dan_F_Jacobson>

<https://twitter.com/Dan_F_Jacobson/status/1245486548885307398>

This is exactly why the Wisconsin GOP legislature is both refusing to delay the primary and refusing to facilitate more mail voting. They know Dem cities will be disproportionately affected and they want to win the state Supreme ct race. It's the most cynical shit imaginable. https://twitter.com/MollyBeck/status/1245482745138155523 …<https://t.co/c7IyTok1fg>
<https://twitter.com/MollyBeck/status/1245482745138155523>
Molly Beck<https://twitter.com/MollyBeck/status/1245482745138155523>
✔@MollyBeck<https://twitter.com/MollyBeck/status/1245482745138155523>

Milwaukee Mayor Tom Barrett, who is on the ballot Tuesday, is telling people not to vote at the polls on Tuesday.<https://twitter.com/MollyBeck/status/1245482745138155523>

<https://twitter.com/intent/like?tweet_id=1245486548885307398>
1,250<https://twitter.com/intent/like?tweet_id=1245486548885307398>
4:01 PM - Apr 1, 2020<https://twitter.com/Dan_F_Jacobson/status/1245486548885307398>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/Dan_F_Jacobson/status/1245486548885307398>
674 people are talking about this<https://twitter.com/Dan_F_Jacobson/status/1245486548885307398>

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Posted in election administration<https://electionlawblog.org/?cat=18>

“Party leaders agree with Joe Biden – the Democratic National Convention cannot proceed as originally planned”<https://electionlawblog.org/?p=110358>
Posted on April 1, 2020 7:33 pm<https://electionlawblog.org/?p=110358> by Rick Hasen<https://electionlawblog.org/?author=3>

This was obvious<https://www.cbsnews.com/news/biden-democratic-national-convention-scheduled/> to many of us weeks ago, although Tom Perez consistently denied it.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D110358&title=%E2%80%9CParty%20leaders%20agree%20with%20Joe%20Biden%20%E2%80%93%20the%20Democratic%20National%20Convention%20cannot%20proceed%20as%20originally%20planned%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Top NC Republican Dismisses Ideas To Make Mail Voting Easier”<https://electionlawblog.org/?p=110356>
Posted on April 1, 2020 7:28 pm<https://electionlawblog.org/?p=110356> by Rick Hasen<https://electionlawblog.org/?author=3>

WUNC<https://www.wunc.org/post/top-nc-republican-dismisses-ideas-make-mail-voting-easier>:

North Carolina’s top Republican lawmaker, Senate leader Phil Berger, said Wednesday he opposes some recommendations made by the North Carolina Board of Elections to make it easier to vote by mail because of the coronavirus pandemic.

Elections executive director Karen Brinson Bell has proposed a number of changes, including eliminating the requirement that mail ballots be signed by two witnesses or a notary, or only requiring one witness. She says that would encourage social distancing.

And she has proposed making it easier for people to request mail ballots.

In an interview with WFAE, Berger said he’s concerned that if North Carolina loosens its laws on mail voting it could cause problems similar to the 9th Congressional District mail ballot scandal in 2018.

“I understand that some progressive, liberal Democratic groups would like to roll that back and put us back to where we were,” Berger said. “I’m afraid that’s where the elections director would take us with her proposals.”

It is worth recalling that the 9th District scandal involved ballot tampering done to help a Republican candidate.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Voters Need Safe and Sanitary In-Person Voting Options”<https://electionlawblog.org/?p=110354>
Posted on April 1, 2020 1:58 pm<https://electionlawblog.org/?p=110354> by Rick Hasen<https://electionlawblog.org/?author=3>

The latest coronavirus analysis <https://www.brennancenter.org/our-work/research-reports/voters-need-safe-and-sanitary-person-voting-options> from the Brennan Center.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Ned Foley on Diane Rehm: “How To Conduct Elections In The Middle Of A Pandemic”<https://electionlawblog.org/?p=110352>
Posted on April 1, 2020 1:53 pm<https://electionlawblog.org/?p=110352> by Rick Hasen<https://electionlawblog.org/?author=3>

Listen here.<https://dianerehm.org/shows/2020-03-31/voting-during-a-pandemic>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D110352&title=Ned%20Foley%20on%20Diane%20Rehm%3A%20%E2%80%9CHow%20To%20Conduct%20Elections%20In%20The%20Middle%20Of%20A%20Pandemic%E2%80%9D>
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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