[EL] ELB News and Commentary 4/28/20

Tue Apr 28 10:19:28 PDT 2020

I'm really looking forward to reading this, Rick.  Thanks to you and the
other participants for pulling it together.

At first glance, the most extraordinary thing about it is--that as with so
much about this national crisis--it contemplates that the states alone will
(should?) deal with the problems, presumably in 50 disparate ways.  It
doesn't suggest any role at all for Congress other than to appropriate more
funds and to develop more specific *ex ante *rules for its own count of the
electoral votes in December.  I assume that the authors ignored Congress
not because they think that nationwide mandates of *some *sort (even w/some
discretion built in) wouldn't be far more effective, but instead because
there's simply no hope for any serious congressional action as long as the
GOP controls the Senate.

If so, that's a very sad state of affairs.

On Tue, Apr 28, 2020 at 11:07 AM Rick Hasen <rhasen at law.uci.edu> wrote:

> Fair Elections During a Crisis: Bipartisan and Diverse Blue-Ribbon Group
> of Scholars and Thinkers Releases Report on Urgent Changes Needed for
> November U.S. Elections <https://electionlawblog.org/?p=111028>
>
> Posted on April 28, 2020 8:00 am <https://electionlawblog.org/?p=111028>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> Release from me:
>
> *Fair Elections During a Crisis: Bipartisan and Diverse Blue-Ribbon Group
> of Scholars and Thinkers Releases Report on Urgent Changes Needed for
> November U.S. Elections*
>
> *Ad Hoc Committee for 2020 Election Fairness and Legitimacy Issues
> Recommendations in Law, Tech, Politics, and Media to Advance Election
> Legitimacy and Voter Confidence*
>
>
>
> *Irvine, Calif. (Apr. 28, 2020)* – Today, a bipartisan and diverse group
> of leading scholars and thinkers in the areas of law, technology, politics,
> and media released a new report, *Fair Elections During a Crisis: Urgent
> Recommendations in Law, Media, Politics, and Tech to Advance the Legitimacy
> of, and the Public’s Confidence in, the November 2020 U.S. Elections*
> <https://www.law.uci.edu/2020ElectionReport>. Each of the 14
> recommendations of the Ad Hoc Committee for 2020 Election Fairness and
> Legitimacy contains a specific action that should be taken now—by members
> of the media, civic leaders, social media platforms, government officials,
> and others—to minimize the chances of an election meltdown in November.
>
> Even before the worldwide COVID-19 pandemic arrived in the United States,
> close observers of American democracy worried about the public’s faith and
> confidence in the results of the upcoming November 2020 U.S. elections.
> Although a decade ago concerns about peaceful transitions of power were
> less common, Americans can no longer take for granted that election losers
> will concede a closely-fought election after election authorities (or
> courts) have declared a winner. Hyperpolarization, misinformation on social
> media, election administration errors, foreign interference, and
> increasingly incendiary rhetoric around the fairness of American elections
> have caused public confidence in the fairness and accuracy of American
> elections to plummet. The COVID-19 pandemic, which hit the United States
> hard beginning in March 2020, has only exacerbated these concerns.
>
> Recognizing the need for multifaceted solutions to the issue of the
> legitimacy and acceptance of fair election results in the United States, *Richard
> L. Hasen*, *Chancellor’s Professor of Law and Political Science at the
> University of California, Irvine (UCI)*, convened an ad hoc committee
> made up of a diverse group of leading scholars and thinkers to tackle this
> issue from an interdisciplinary perspective.
>
> “The American election system is under tremendous stress, and if nothing
> is done we face a potential political crisis on top of the health and
> economic crises brought on by COVID-19,” *Hasen* said. “I am confident
> that the Report’s specific, actionable recommendations — carefully crafted
> by scholars and leaders from across disciplines and the political spectrum
> — can advance both the actual fairness of the 2020 U.S. elections and the
> public’s confidence in them.”
>
> A key Committee recommendation is that the media educate the public about
> how election counts may take longer than past years and vote margins may
> change during the count as election officials process large numbers of mail
> ballots, especially in key battleground states such as Pennsylvania and
> Michigan. The Committee also offers a number of recommendations to ensure
> both election integrity and voter access during the COVID-19 pandemic.
>
> *The report *is available at: https://law.uci.edu/2020ElectionReport ###
>
>
>
> *About the Ad Hoc Committee for 2020 Fairness and Legitimacy* The members
> of the Ad Hoc Committee for 2020 Election Fairness and Integrity are: Andrew
> W. Appel <https://www.cs.princeton.edu/people/profile/appel>, Eugene
> Higgins Professor of Computer Science, Princeton University; Julia Azari
> <https://www.marquette.edu/political-science/directory/julia-azari.php>,
> Associate Professor of Political Science, Marquette University; Bruce E.
> Cain <https://politicalscience.stanford.edu/people/bruce-e-cain>,
> Professor of Political Science, Stanford University; Jack C. Doppelt
> <https://www.facebook.com/jack.doppelt>, Hamad bin Khalifa Al Thani
> Professor of Journalism, Northwestern University; Tiana Epps-Johnson
> <https://www.techandciviclife.org/team/tiana-epps-johnson/>, Executive
> Director, Center for Tech and Civic Life; Edward B. Foley
> <https://moritzlaw.osu.edu/faculty/edward-b-foley/>, Ebersold Chair in
> Constitutional Law and Director, Election Law, Ohio State University Moritz
> College of Law; John C. Fortier
> <https://bipartisanpolicy.org/person/john-c-fortier/>, Director of
> Governmental Studies, Bipartisan Policy Center; Richard L. Hasen
> <https://www.law.uci.edu/faculty/full-time/hasen/> (Committee Chair),
> Chancellor’s Professor of Law and Political Science, UCI Law; Liz Howard
> <https://www.brennancenter.org/experts/elizabeth-howard> Counsel, Brennan
> Center for Justice, NYU School of Law; David Kaye
> <https://www.law.uci.edu/faculty/full-time/kaye/>, Clinical Professor of
> Law, UCI Law and UN Special Rapporteur on the Promotion and Protection of
> the Right to Freedom of Opinion and Expression; Jack Lerner
> <https://law.uci.edu/faculty/full-time/lerner>, Clinical Professor of Law
> & Director, UCI Intellectual Property, Arts, and Technology Clinic, UC
> Irvine School of Law; Michael T. Morley
> <https://law.fsu.edu/faculty-staff/michael-morley>, Assistant Professor
> of Law, Florida State University College of Law; Janai S. Nelson
> <http://www.naacpldf.org/>, Associate Director-Counsel, NAACP Legal
> Defense and Educational Fund, Inc.; Brendan Nyhan
> <https://www.dartmouth.edu/~nyhan/>, Professor of Government, Dartmouth
> College; Cailin O’Connor <http://cailinoconnor.com/>, Associate Professor
> of Logic and Philosophy of Science, UC Irvine; Norman Ornstein
> <http://www.aei.org/>; Resident Scholar, American Enterprise Institute, Nina
> Perales <https://www.maldef.org/>, Vice President of Litigation, Mexican
> American Legal Defense and Educational Fund; Nate Persily
> <https://law.stanford.edu/directory/nathaniel-persily/>, James B.
> McClatchy Professor of Law, Stanford University; Richard H. Pildes
> <https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=20200>,
> Sudler Family Professor of Constitutional Law, New York University School
> of Law; Bertrall Ross
> <https://www.law.berkeley.edu/our-faculty/faculty-profiles/bertrall-ross/>,
> Chancellor’s Professor of Law, UC Berkeley School of Law; Alex Stamos
> <https://cyber.fsi.stanford.edu/io/people/alex-stamos-0>, Director,
> Stanford Internet Observatory, Stanford University; Charles Stewart III
> <https://polisci.mit.edu/people/charles-stewart-iii>, Kenan Sahin
> Distinguished Professor of Political Science, MIT; Michael Tesler
> <https://faculty.sites.uci.edu/mtesler/>, Associate Professor of
> Political Science, UC Irvine; Ciara Torres-Spelliscy
> <https://www.stetson.edu/law/faculty/torres-spelliscy-ciara/> Professor
> of Law, Stetson University College of Law; and James Owen Weatherall
> <http://www.jamesowenweatherall.com/>, Professor of Logic and Philosophy
> of Science, UC Irvine.
>
> This report of the Ad Hoc Committee for 2020 Election Fairness and
> Legitimacy represents the personal views of its members in their personal
> capacities. Members do not speak for their employers, organizations, or
> funders.
>
> The Committee’s work received generous financial support from the
> Democracy Fund, the Hewlett Foundation, and the Mertz Gilmore Foundation.
> The project was organized by the University of California, Irvine, School
> of Law, in conjunction with the University of California, Irvine’s Jack W.
> Peltason Center for the Study of Democracy.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111028&title=Fair%20Elections%20During%20a%20Crisis%3A%20Bipartisan%20and%20Diverse%20Blue-Ribbon%20Group%20of%20Scholars%20and%20Thinkers%20Releases%20Report%20on%20Urgent%20Changes%20Needed%20for%20November%20U.S.%20Elections>
>
> Posted in absentee ballots <https://electionlawblog.org/?cat=53>, election
> administration <https://electionlawblog.org/?cat=18>, Election Meltdown
> <https://electionlawblog.org/?cat=127>
>
>
>
>
> “New York Cancels Primary Election, Angering Sanders Supporters”
> <https://electionlawblog.org/?p=111033>
>
> Posted on April 28, 2020 7:42 am <https://electionlawblog.org/?p=111033>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> NPR:
> <https://www.npr.org/2020/04/27/846549412/new-york-cancels-primary-election-angering-sanders-supporters>
>
> *New York Democrats will not be casting primary votes for a presidential
> candidate this year.*
>
> *State election officials effectively canceled the presidential primary by
> removing every Democrat except the presumptive nominee, former Vice
> President Joe Biden, from the primary ballot.*
>
> *According to multiple reports, Douglas Kellner, co-chair of the New York
> State Board of Elections, received thousands of emails from Sanders
> supporters pushing for the primary to continue as planned.*
>
> *“What the Sanders campaign wanted is essentially a beauty contest that,
> given the situation with the public health emergency, seems to be
> unnecessary and, indeed, frivolous,” Mr. Kellner said.*
>
> *The primary, originally scheduled for April 28, had previously been
> pushed back to June 23 due to concerns over the coronavirus.*
>
> *Voting will continue as planned for New Yorkers on June 23 for
> congressional and state-level races.*
>
> *The cancellation will likely make it easier for election workers to
> manage the other state elections in June during a primary season that has
> seen unprecedented administrative challenges.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111033&title=%E2%80%9CNew%20York%20Cancels%20Primary%20Election%2C%20Angering%20Sanders%20Supporters%E2%80%9D>
>
> Posted in political parties <https://electionlawblog.org/?cat=25>,
> primaries <https://electionlawblog.org/?cat=32>
>
>
>
>
> Webinar on Wednesday: “Local Representation: RCV as a Voting Rights
> Remedy” <https://electionlawblog.org/?p=111031>
>
> Posted on April 28, 2020 7:37 am <https://electionlawblog.org/?p=111031>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> Details here <https://event.webinarjam.com/register/2/k60vpcz>.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111031&title=Webinar%20on%20Wednesday%3A%20%E2%80%9CLocal%20Representation%3A%20RCV%20as%20a%20Voting%20Rights%20Remedy%E2%80%8B%E2%80%8B%E2%80%8B%E2%80%8B%E2%80%8B%E2%80%8B%E2%80%8B%E2%80%9D>
>
> Posted in alternative voting systems <https://electionlawblog.org/?cat=63>
>
>
>
>
> “The Cybersecurity 202: Ohio primary marks a major test for mail-in voting”
> <https://electionlawblog.org/?p=111026>
>
> Posted on April 28, 2020 7:22 am <https://electionlawblog.org/?p=111026>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> WaPo reports.
> <https://www.washingtonpost.com/news/powerpost/paloma/the-cybersecurity-202/2020/04/28/the-cybersecurity-202-ohio-primary-marks-a-major-test-for-mail-in-voting/5ea779a3602ff1457841f982/>
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111026&title=%E2%80%9CThe%20Cybersecurity%20202%3A%20Ohio%20primary%20marks%20a%20major%20test%20for%20mail-in%20voting%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
>
>
> “‘Republicans need to get serious’: 2020 vote-by-mail battle heats up”
> <https://electionlawblog.org/?p=111024>
>
> Posted on April 28, 2020 7:17 am <https://electionlawblog.org/?p=111024>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> Politico
> <https://www.politico.com/news/2020/04/28/2020-vote-by-mail-battle-heats-up-213920?nname=playbook&nid=0000014f-1646-d88f-a1cf-5f46b7bd0000&nrid=0000014e-f109-dd93-ad7f-f90d0def0000&nlid=630318>
> :
>
> *Coronavirus has campaigns rushing to put voting by mail at the center of
> their general election strategies — and some Republicans worry they’ve
> already fallen behind, as President Donald Trump dismisses the method and
> drives doubt about mail voting among the GOP base.*
>
> *Multimillion dollar programs urging mail voting in November are already
> coming together, as both parties envision a social-distancing election
> featuring a spike in absentee ballots, according to interviews with more
> than a dozen campaign strategists, party committees and outside groups.
> Organizing Together, a field-focused group founded by Obama alumni, is
> partnering with Priorities USA, the Democratic super PAC blessed by Joe
> Biden’s campaign, to air digital ads in battleground states educating
> voters on how to cast ballots by mail. The Democratic National Committee
> called vote-by-mail programs a top priority.*
>
> *But while conservative campaigns and groups like Americans for Prosperity
> are planning to pump more spending into their own mail programs to drive
> turnout, there is growing concern among Republicans that this month’s
> Wisconsin elections — which saw Democrats capture a state Supreme Court
> seat after pivoting aggressively to encourage supporters to vote by mail —
> demonstrate a lack of Republican readiness to wage a campaign dominated by
> absentee ballots.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111024&title=%E2%80%9C%E2%80%98Republicans%20need%20to%20get%20serious%E2%80%99%3A%202020%20vote-by-mail%20battle%20heats%20up%E2%80%9D>
>
> Posted in absentee ballots <https://electionlawblog.org/?cat=53>,
> campaigns <https://electionlawblog.org/?cat=59>
>
>
>
>
> “Ohio’s Mail-in Ballot Brouhaha: A Sign of Coming Trouble?”
> <https://electionlawblog.org/?p=111022>
>
> Posted on April 28, 2020 7:13 am <https://electionlawblog.org/?p=111022>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> CPI reports.
> <https://publicintegrity.org/politics/elections/ohios-mail-in-ballot-brouhaha-a-sign-of-coming-trouble/>
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111022&title=%E2%80%9COhio%E2%80%99s%20Mail-in%20Ballot%20Brouhaha%3A%20A%20Sign%20of%20Coming%20Trouble%3F%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
>
>
> “Lawyers’ Committee for Civil Rights Under Law Releases State Election Law
> Resource Easily Searchable Tables on Voter Registration, Absentee
> Balloting, In-Person Voting and More”
> <https://electionlawblog.org/?p=111019>
>
> Posted on April 27, 2020 11:52 am <https://electionlawblog.org/?p=111019>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> Release:
>
> *Today, the Lawyers’ Committee for Civil Rights published an online
> resource that allows users to easily search information about every state’s
> election procedures.  Complicated state level procedures for voting are
> often confusing and difficult to navigate in the best of times.  This
> problem is only exacerbated during a public health emergency.  The new
> online resource developed by Lawyers’ Committee is designed to provide
> voters and advocates with up-to-date information and clarity on election
> procedures in one user friendly location.  *
>
> *The online State Election Law Overview
> <https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUZca-2FLDMQC6luOOns3U2kmfP-2BjfwjYRCQhQaN8oCX0tgaWzI9-2FpAD5xMqeLNwxiLbg-3D-3DoS43_LYw3uDP5U2cmeBBe07KqI8AzZYA0AXw8fCnkHEVTP6CkfRLHjg1cuOsDjSq4rOK2frZFOU9MKjFaw4dPHVdUzeE1pYlmhF6fDBaKBZuSK9Wv4Eo76-2Bs-2F96P-2B9Kf5GQxYhlBr8YaajF4Yy-2F6XPZn4GMwRMsuj0HY6oT0mkpkxiRI-2FQcPkT4FKV-2Ffz7WDFJQg9UVcmM7d9gTb4I4ltDycWfous0qj-2BYstiQPHgpARVnKD6SYMVg25OMCL2Yi9vZBRzV5BZEaFC8CPBxBOvJKhQiYJPQeuCbFF3nYxnlCjWffyOq-2FVDycjxY-2FmUNS-2BB8ahhBcjVe0BjdA7ugKzuJoZuDtgr7FsG-2B2n18Qht8vM5Rio-3D> resource
> provides detailed information to voters and advocates on several relevant
> topics, including voter registration, absentee balloting, and in-person
> early voting.  Users can search relevant information both by issue area
> across all states and D.C., and by state across all issue areas.  This
> allows the user to not only compare across states, but also to see how the
> various voting restrictions in a particular state can, together, impact
> voter access.  The information in the online resource will be regularly
> updated by Lawyers’ Committee staff during the 2020 Election Cycle to
> account for changes to election procedures.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111019&title=%E2%80%9CLawyers%E2%80%99%20Committee%20for%20Civil%20Rights%20Under%20Law%20Releases%20State%20Election%20Law%20Resource%20Easily%20Searchable%20Tables%20on%20Voter%20Registration%2C%20Absentee%20Balloting%2C%20In-Person%20Voting%20and%20More%E2%80%9D>
>
> Posted in election administration <https://electionlawblog.org/?cat=18>
> “Arizona Asks U.S. Supreme Court To Uphold Ballot Harvesting Ban, Out of
> Precinct Policy (READ Petition)” <https://electionlawblog.org/?p=111017>
>
> Posted on April 27, 2020 11:45 am <https://electionlawblog.org/?p=111017>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> Over at AZ Law
> <https://arizonaslaw.blogspot.com/2020/04/breaking-arizona-asks-us-supreme-court.html>
> .
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111017&title=%E2%80%9CArizona%20Asks%20U.S.%20Supreme%20Court%20To%20Uphold%20Ballot%20Harvesting%20Ban%2C%20Out%20of%20Precinct%20Policy%20(READ%20Petition)%E2%80%9D>
>
> Posted in Supreme Court <https://electionlawblog.org/?cat=29>, Voting
> Rights Act <https://electionlawblog.org/?cat=15>
>
>
>
>
> Upcoming Online Events April 28 and May 5: “The Mystery of Low Youth Voter
> Turnout” <https://electionlawblog.org/?p=111015>
>
> Posted on April 27, 2020 11:44 am <https://electionlawblog.org/?p=111015>
> by *Rick Hasen* <https://electionlawblog.org/?author=3>
>
> From the Civics Center <https://mailchi.mp/83fca491db73/acs-panel-2020> and
> ACS.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111015&title=Upcoming%20Online%20Events%20April%2028%20and%20May%205%3A%20%E2%80%9CThe%20Mystery%20of%20Low%20Youth%20Voter%20Turnout%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
>
> http://www.law.uci.edu/faculty/full-time/hasen/
>
> http://electionlawblog.org
>
>
> _______________________________________________
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-- 
Marty Lederman
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
202-662-9937
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