[EL] ELB News and Commentary 4/9/20

Wed Apr 8 17:51:28 PDT 2020

“How to Hold Elections during a Pandemic”<https://electionlawblog.org/?p=110558>
Posted on April 8, 2020 5:34 pm<https://electionlawblog.org/?p=110558> by Rick Hasen<https://electionlawblog.org/?author=3>

Rachel Kleinfeld & Joshua Kleinfeld in the National Review:<https://www.nationalreview.com/2020/04/coronavirus-response-holding-elections-during-pandemic/>

We might beat COVID-19 by fall. But if we don’t, what happens to our November election? Two principles are paramount. The election must be held. And people who want to vote must be able to do so without fear of infection and without worsening the pandemic. To uphold those principles, we must expand no-excuse absentee voting and make drive-through voting possible now.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“My state has proved vote-at-home works. We need to do it nationally.”<https://electionlawblog.org/?p=110556>
Posted on April 8, 2020 5:32 pm<https://electionlawblog.org/?p=110556> by Rick Hasen<https://electionlawblog.org/?author=3>

John Hickenlooper WaPo oped<https://www.washingtonpost.com/opinions/2020/04/08/my-state-has-proved-vote-at-home-works-we-need-do-it-nationally/>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Republicans Pursue Limits on Voting by Mail, Despite the Coronavirus”<https://electionlawblog.org/?p=110554>
Posted on April 8, 2020 4:36 pm<https://electionlawblog.org/?p=110554> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT reports.<https://www.nytimes.com/2020/04/08/us/politics/republicans-vote-by-mail.html>
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, The Voting Wars<https://electionlawblog.org/?cat=60>

“Spotlight turns to absentee voting in Wisconsin as reports surface of undelivered ballots”<https://electionlawblog.org/?p=110552>
Posted on April 8, 2020 4:23 pm<https://electionlawblog.org/?p=110552> by Rick Hasen<https://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel<https://www.jsonline.com/story/news/politics/elections/2020/04/08/wisconsin-election-3-tubs-ballots-found-mail-processing-center/2971078001/>:

Attention turned to missing absentee ballots Wednesday as state officials reported three tubs of them were discovered in a mail processing center and the Milwaukee Election Commission called for an investigation into a separate set of undelivered ballots.

And Fox Point officials said<https://www.jsonline.com/story/communities/northshore/news/fox-point/2020/04/08/wisconsin-election-fox-point-absentee-ballots-never-made-voters/5119812002/> 100 or more ballots a day were returned to the village as undelivered in the week leading up to the election.

The discoveries emerged as would-be voters across the state expressed a host of frustrations about trying to obtain absentee ballots so they could avoid going to the polls during the coronavirus pandemic. Many have said ballots they requested long ago did not arrive by Tuesday, the deadline for getting their ballots postmarked.

“I learned today that the (state Elections Commission) received a call from a postal service worker informing them 3 large tubs of absentee ballots from Oshkosh and Appleton, were just located,” Republican Sen. Dan Feyen of Fond du Lac said on Twitter.

Meagan Wolfe, the administrator of the Elections Commission, said she had been talking to the U.S. Postal Service about the situation but so far has not determined whether the ballots had been on their way to voters or already filled out and on their way back to clerks.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>

President Trump Falsely Claimed 1 Million Fraudulent Votes in California Based on Judicial Watch Settlement: The Evidence Shows No Such Thing (Excerpt from Election Meltdown)<https://electionlawblog.org/?p=110549>
Posted on April 8, 2020 4:03 pm<https://electionlawblog.org/?p=110549> by Rick Hasen<https://electionlawblog.org/?author=3>

The President today falsely said once again that a million fraudulent votes were cast in California (“President Trump: I think there’s a lot of evidence but we’ll provide you with some, ok? And there’s evidence that’s being compiled just like it’s being compiled in the state of California where they settled with judicial watch saying that a million people should not have been voting … I’m telling you that in California, the great state of California, they settled and we could’ve gone a lot further. Judicial watch settled, where they agreed that a million people should not have voted, where they were 115 years old and lots of people were voting in their place.”)

This is not the first time he’s raised the claim. Here’s what I wrote about it in my book, Election Meltdown<https://www.amazon.com/Election-Meltdown-Distrust-American-Democracy/dp/0300248199/ref=sr_1_1?keywords=hasen+election+meltdown&qid=1565015345&s=digital-text&sr=1-1-catcorr>:
[cid:image002.png at 01D60DCE.53774DC0]
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>

Gene Nichol Has a New Book Coming Out on North Carolina’s Politics, Including Its Voting Skirmishes<https://electionlawblog.org/?p=110547>
Posted on April 8, 2020 3:56 pm<https://electionlawblog.org/?p=110547> by Rick Hasen<https://electionlawblog.org/?author=3>

The book “Indecent Assembly<https://www.amazon.com/dp/1949467279/ref=nav_timeline_asin?_encoding=UTF8&psc=1>” is out next week. I look forward to reading this.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“We run elections in Arizona. An all-mail option for 2020 wouldn’t ruin the process; We represent elections officials in all 15 Arizona counties. And we’d like to set the record straight on the impact of all-mail elections.”<https://electionlawblog.org/?p=110545>
Posted on April 8, 2020 3:41 pm<https://electionlawblog.org/?p=110545> by Rick Hasen<https://electionlawblog.org/?author=3>

Oped<https://www.azcentral.com/story/opinion/op-ed/2020/04/08/arizona-all-mail-election-2020-wouldnt-ruin-its-integrity/2957970001/>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Trump Is Pushing a False Argument on Vote-by-Mail Fraud. Here Are the Facts.”<https://electionlawblog.org/?p=110543>
Posted on April 8, 2020 1:57 pm<https://electionlawblog.org/?p=110543> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT reports.<https://www.nytimes.com/article/mail-in-voting-explained.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Milwaukee Election Commission to request investigation by U.S. Postal Service into missing absentee ballots”<https://electionlawblog.org/?p=110541>
Posted on April 8, 2020 1:18 pm<https://electionlawblog.org/?p=110541> by Rick Hasen<https://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel<https://www.jsonline.com/story/news/politics/elections/2020/04/08/milwaukee-election-commission-seeks-investigation-into-missing-ballots/2972382001/>:

The Milwaukee Election Commission will seek a formal U.S. Postal Service investigation into what happened to absentee ballots that did not reach Milwaukee voters, commission Executive Director Neil Albrecht said Wednesday.

Albrecht said the commission wanted the investigation to be centered around “absentee ballots that were issued and mailed by the City of Milwaukee around the March 22nd and 23rd period.”

He said the city saw a pattern of calls from voters whose ballots had been issued on March 22 and March 23 but never reached them.

“The pattern that we saw in terms of a volume of voters — and I can’t give an exact percentage — calling in and saying that they had not received their ballots really drew our attention to those two days,” Albrecht said during a virtual news conference Wednesday afternoon.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Photo of the Day<https://electionlawblog.org/?p=110539>
Posted on April 8, 2020 12:16 pm<https://electionlawblog.org/?p=110539> by Rick Hasen<https://electionlawblog.org/?author=3>

From Kenosha News<https://twitter.com/Jmalewitz/status/1247908474396332033>:
[cid:image003.jpg at 01D60DCE.53774DC0]<https://twitter.com/Jmalewitz>
<https://twitter.com/Jmalewitz>
Jim Malewitz<https://twitter.com/Jmalewitz>
✔@Jmalewitz<https://twitter.com/Jmalewitz>

<https://twitter.com/Jmalewitz/status/1247908474396332033>

From @Kenosha_News<https://twitter.com/Kenosha_News>. These photos will never cease being shocking.
[View image on Twitter]<https://twitter.com/Jmalewitz/status/1247908474396332033/photo/1>
<https://twitter.com/intent/like?tweet_id=1247908474396332033>
22<https://twitter.com/intent/like?tweet_id=1247908474396332033>
8:25 AM - Apr 8, 2020<https://twitter.com/Jmalewitz/status/1247908474396332033>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/Jmalewitz/status/1247908474396332033>
22 people are talking about this<https://twitter.com/Jmalewitz/status/1247908474396332033>

(Source<https://www.kenoshanews.com/news/local/steady-turnout-and-frustrated-voters-at-kenosha-polling-places/article_8c02fa2d-c811-5318-8f3b-20183e10794c.html#tracking-source=home-top-story>)
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Most Americans, unlike Trump, want mail-in ballots for November if coronavirus threatens: Reuters/Ipsos poll”<https://electionlawblog.org/?p=110537>
Posted on April 8, 2020 10:32 am<https://electionlawblog.org/?p=110537> by Rick Hasen<https://electionlawblog.org/?author=3>

Reuters reports<https://www.reuters.com/article/us-usa-election-poll-idUSKBN21P3G0>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D110537&title=%E2%80%9CMost%20Americans%2C%20unlike%20Trump%2C%20want%20mail-in%20ballots%20for%20November%20if%20coronavirus%20threatens%3A%20Reuters%2FIpsos%20poll%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“COVID-19 Will Make California Elections Challenging but Doable”<https://electionlawblog.org/?p=110535>
Posted on April 8, 2020 10:20 am<https://electionlawblog.org/?p=110535> by Rick Hasen<https://electionlawblog.org/?author=3>

Eric McGhee<https://www.ppic.org/blog/covid-19-will-make-california-elections-challenging-but-doable/?utm_source=ppic&/utm_medium=email&utm_campaign=epub> for PPIC.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Top Recent Downloads in Election Law on SSRN<https://electionlawblog.org/?p=110533>
Posted on April 8, 2020 9:29 am<https://electionlawblog.org/?p=110533> by Rick Hasen<https://electionlawblog.org/?author=3>

Here<http://papers.ssrn.com/sol3/topten/topTenResults.cfm?groupingId=991929&netorjrnl=jrnl>:

Recent Top Papers (60 days)

As of: 08 Feb 2020 – 08 Apr 2020
Rank
Paper
Downloads
1.
The Support-or-Advocacy Clauses<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3547579>
Richard Primus<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=104918> and Cameron O. Kistler<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=4030840>
University of Michigan Law School and Protect Democracy
Date Posted: 27 Mar 2020
Last Revised: 27 Mar 2020
94
2.
The Superfluous Fifteenth Amendment?<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3524597>
Travis Crum<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1388459>
University of Chicago Law School
Date Posted: 14 Feb 2020
Last Revised: 14 Feb 2020
84
3.
Partisan Gerrymandering and State Constitutions<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3530136>
Michael Morley<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2159971>
Florida State University – College of Law
Date Posted: 02 Mar 2020
Last Revised: 02 Mar 2020
73
4.
Quasi Campaign<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3540231>
Finance<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3540231>
Nicholas Stephanopoulos<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=636048>
Harvard Law School
Date Posted: 10 Mar 2020
Last Revised: 10 Mar 2020
70
5.
Political Advertising, Digital Platforms, and the Democratic Deficiencies of Self-Regulation<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3549366>
Robert Yablon<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2277973>
University of Wisconsin Law School
Date Posted: 06 Mar 2020
Last Revised: 06 Mar 2020
57
6.
The Framers’ Inadvertent Gift: The Electoral College and the Constitutional Infirmities of the National Popular Vote Compact<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3546546>
Michael Morley<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2159971>
Florida State University – College of Law
Date Posted: 26 Mar 2020
Last Revised: 26 Mar 2020
55
7.
Reconstructing Racially Polarized Voting<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3541863>
Travis Crum<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1388459>
University of Chicago Law School
Date Posted: 27 Feb 2020
Last Revised: 29 Feb 2020
53
8.
The Supreme Court’s Pro-Partisanship Turn<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3548858>
Richard L. Hasen<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=337>
University of California, Irvine School of Law
Date Posted: 06 Mar 2020
Last Revised: 06 Mar 2020
47
9.
Gerrymandered by Definition: The Distortion of ‘Traditional’ Districting Principles and a Proposal for an Empirical Redefinition<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3543820>
Yunsieg Kim<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=3649259> and Jowei Chen<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=4015864>
University of Michigan at Ann Arbor, Students and University of Michigan at Ann Arbor
Date Posted: 26 Mar 2020
Last Revised: 26 Mar 2020
39
10.
The Best Laid Plans: Unintended Consequences of the American Presidential Selection System<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3549046>
Samuel Wang<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2459280> and Jacob Canter<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=4037004>
Princeton University and affiliation not provided to SSRN
Date Posted: 31 Mar 2020
Last Revised: 31 Mar 2020
39

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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

ACLU of Georgia Sues Over Lack of Prepaid Postage on Absentee Ballot Return Envelopes<https://electionlawblog.org/?p=110531>
Posted on April 8, 2020 9:18 am<https://electionlawblog.org/?p=110531> by Rick Hasen<https://electionlawblog.org/?author=3>

You can read it here<https://www.acluga.org/en/press-releases/aclu-georgia-files-federal-lawsuit-against-secretary-state-over-poll-tax>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D110531&title=ACLU%20of%20Georgia%20Sues%20Over%20Lack%20of%20Prepaid%20Postage%20on%20Absentee%20Ballot%20Return%20Envelopes>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Coronavirus and the Ballot Box: Voting During a Pandemic”<https://electionlawblog.org/?p=110529>
Posted on April 8, 2020 9:17 am<https://electionlawblog.org/?p=110529> by Rick Hasen<https://electionlawblog.org/?author=3>

I was interviewed on this Bloomberg government video<https://www.youtube.com/watch?v=RTPoDiBM8_s&feature=youtu.be>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D110529&title=%E2%80%9CCoronavirus%20and%20the%20Ballot%20Box%3A%20Voting%20During%20a%20Pandemic%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Wisconsin may be the start of the 2020 election wars”<https://electionlawblog.org/?p=110527>
Posted on April 8, 2020 8:43 am<https://electionlawblog.org/?p=110527> by Rick Hasen<https://electionlawblog.org/?author=3>

Axios reports.<https://www.axios.com/wisconsin-2020-election-wars-ecb5d1be-d682-4009-bc8f-55972ed5b2af.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“The Supreme Court Has Chosen Reckless Partisanship; The conservative majority asked citizens in Wisconsin to risk their lives in order to vote—to the benefit of the Republican Party.”<https://electionlawblog.org/?p=110525>
Posted on April 8, 2020 8:41 am<https://electionlawblog.org/?p=110525> by Rick Hasen<https://electionlawblog.org/?author=3>

Garrett Epps for the Atlantic<https://www.theatlantic.com/ideas/archive/2020/04/supreme-court-wisconsin/609631/>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Coronavirus pandemic breeds Washington lobbying boom”<https://electionlawblog.org/?p=110523>
Posted on April 8, 2020 8:36 am<https://electionlawblog.org/?p=110523> by Rick Hasen<https://electionlawblog.org/?author=3>

AP reports.<https://apnews.com/fac2794db22630c0da51a20f8d588ca9>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D110523&title=%E2%80%9CCoronavirus%20pandemic%20breeds%20Washington%20lobbying%20boom%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Justice Ginsburg turns the ‘Purcell Principle’ upside down in Wisconsin primary case”<https://electionlawblog.org/?p=110521>
Posted on April 8, 2020 8:33 am<https://electionlawblog.org/?p=110521> by Rick Hasen<https://electionlawblog.org/?author=3>

Derek Muller blogs<https://excessofdemocracy.com/blog/2020/4/justice-ginsburg-turns-the-purcell-principle-upside-down-in-wisconsin-primary-case>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D110521&title=%E2%80%9CJustice%20Ginsburg%20turns%20the%20%E2%80%98Purcell%20Principle%E2%80%99%20upside%20down%20in%20Wisconsin%20primary%20case%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Parties ready for court battles over virus-era voting rights”<https://electionlawblog.org/?p=110519>
Posted on April 8, 2020 8:31 am<https://electionlawblog.org/?p=110519> by Rick Hasen<https://electionlawblog.org/?author=3>

AP reports<https://apnews.com/71adf90dabe4d6ccab781df75aafd76a>:

Wisconsin’s chaotic primary may just be the beginning. Both major parties are preparing for a monthslong, state-by-state legal fight over how citizens can safely cast their ballots should the coronavirus outbreak persist through November’s election.

The outcome of the court battles — expected to litigate mail-in voting rules, voter identification requirements and safe access to polls — may have a significant impact on how many people turn out to vote in hundreds of elections across the country, including the White House race. It will likely play out in presidential battlegrounds amid an already roiling debate over voting rights and protecting access to the ballot.
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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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