[EL] ELB News and Commentary 8/3/20

[Rick Hasen]

“How the Trump campaign came to court QAnon, the online conspiracy movement identified by the FBI as a violent threat”<https://electionlawblog.org/?p=113683>
Posted on August 2, 2020 8:38 pm<https://electionlawblog.org/?p=113683> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/politics/how-the-trump-campaign-came-to-court-qanon-the-online-conspiracy-movement-identified-by-the-fbi-as-a-violent-threat/2020/08/01/dd0ea9b4-d1d4-11ea-9038-af089b63ac21_story.html>:

Outside the Las Vegas Convention Center, Kayleigh McEnany raised a microphone to a mega-fan and asked what it felt like to be acknowledged by President Trump at his February rally in Sin City.

At the time a spokeswoman for Trump’s reelection campaign, McEnany nodded as the supporter said the shout-out was most meaningful because of the words on the shirt he was wearing, which he read aloud: “Where we go one, we go all,” the motto of QAnon conspiracy theorists<https://www.washingtonpost.com/video/politics/how-qanon-the-bizarre-pro-trump-conspiracy-theory-took-hold-in-right-wing-circles-online/2019/02/20/13fc256f-d647-41cd-be69-fbeba3769579_video.html?itid=lk_inline_manual_3> who believe Trump is battling a cabal of deep-state saboteurs who worship Satan and traffic children for sex.

McEnany, who has since become the White House press secretary, continued, asking the supporter, “If you could say one thing to the president, what would you say?”

“Who is Q?” he replied, inquiring about the mysterious online figure behind the baseless theory. McEnany smiled and said, “Okay, well, I will pass all of this along.”

The little-noticed exchange — captured in a video posted to YouTube<https://www.youtube.com/watch?v=MEopZYx437I&feature=youtu.be> — illustrates how Trump and his campaign have courted and legitimized QAnon adherents.

The viral online movement, which took root on Internet message boards in the fall of 2017 with posts from a self-proclaimed government insider identified as “Q,” has triggered violent acts and occasional criminal cases.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Mail-In Voting Is ‘Not Rampant Voter Fraud,’ Says Washington’s Top Election Official”<https://electionlawblog.org/?p=113681>
Posted on August 2, 2020 8:36 pm<https://electionlawblog.org/?p=113681> by Rick Hasen<https://electionlawblog.org/?author=3>

NPR:<https://www.npr.org/2020/08/01/898184573/how-washington-state-s-mail-in-elections-play-out>

This past week, President Trump renewed his unsubstantiated claim that mail-in voting begets inaccurate or fraudulent results when he raised the prospect of delaying November’s election.

“With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history,” Trump tweeted Thursday<https://www.npr.org/2020/07/30/897111969/trump-floats-delaying-the-election-it-would-require-a-change-in-law>.

Trump’s rhetoric alarms Kim Wyman, the secretary of state of Washington, one of a handful of states that vote almost entirely by mail. A growing number of states are embracing mail-in voting<https://www.npr.org/2020/06/04/864899178/why-is-voting-by-mail-suddenly-controversial-heres-what-you-need-to-know> — which is essentially the same as absentee voting — over fears that going to polling stations could increase exposure to the coronavirus.

“I think it really shatters peoples’ confidence in the process,”Wyman, a Republican, said in an interview with All Things Considered on Saturday. “We need to make sure we’re inspiring confidence in the public that this is a fair election. And the way you do that is balancing access and security.”

Contrary to the president’s claims, fraudulent mail-in voting is very rare<https://www.npr.org/2020/06/22/881598655/fact-check-trump-spreads-unfounded-claims-about-voting-by-mail>, according to election security experts. And as for Washington, Wyman said, “We’ve seen a very low incidence of any kind of voter fraud.”
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Fact check: Stephen Miller carries water for Trump in promoting mail-in voting conspiracies”<https://electionlawblog.org/?p=113679>
Posted on August 2, 2020 8:34 pm<https://electionlawblog.org/?p=113679> by Rick Hasen<https://electionlawblog.org/?author=3>

CNN reports.<https://www.cnn.com/2020/07/31/politics/mail-voting-verification-stephen-miller-fact-check/index.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Here’s how experts think the press should cover the run-up to the November election”<https://electionlawblog.org/?p=113677>
Posted on August 2, 2020 8:32 pm<https://electionlawblog.org/?p=113677> by Rick Hasen<https://electionlawblog.org/?author=3>

CNN<https://www.cnn.com/2020/08/02/media/press-coverage-election-reliable/index.html>:

The US Presidential Election is bound to look different this year.

Because of the coronavirus pandemic, both Democratic and GOP party conventions have been dramatically scaled back<https://www.cnn.com/2020/08/01/politics/rnc-charlotte-press/index.html>, and it’s unlikely that there will be rooms packed with people celebrating election night results on November 3. Many states have moved to expand vote-by-mail<https://www.cnn.com/2020/05/20/politics/vote-by-mail-trump/index.html> and absentee voting, which could mean new voting experiences for many Americans and a longer timeline for vote counting<https://apnews.com/a90a7a76c26c1fa3edfbb5664d4b2e91>.

As newsrooms think about how to cover the run-up to the election that is now just 93 days away, experts say educating voters on how voting systems will work should be top of mind.

“The press needs to educate the public both about how to vote … and to knock down these conspiracy theories about voter fraud and things that are going to convince people that the election is not being done fairly,” Richard Hasen, the Chancellor’s Professor of Law and Political Science at University of California, Irvine told CNN’s Brian Stelter on “Reliable Sources” Sunday.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


“Census Door Knocking Cut A Month Short Amid Pressure To Finish Count”<https://electionlawblog.org/?p=113675>
Posted on August 2, 2020 8:29 pm<https://electionlawblog.org/?p=113675> by Rick Hasen<https://electionlawblog.org/?author=3>

Hansi Lo Wang<https://www.npr.org/2020/07/30/896656747/when-does-census-counting-end-bureau-sends-alarming-mixed-signals> for NPR:

The Census Bureau is cutting short critical door-knocking efforts for the 2020 census amid growing concerns among Democrats in Congress that the White House is pressuring the bureau to wrap up counting soon for political gain, NPR has learned.

Attempts by the bureau’s workers to conduct in-person interviews for the census will end on Sept. 30 — not Oct. 31, the end date it indicated in April would be necessary to count every person living in the U.S. given major setbacks from the coronavirus pandemic. Three Census Bureau employees, who were informed of the plans during separate internal meetings Thursday, confirmed the new end date with NPR. All of the employees spoke on the condition of anonymity out of fear of losing their jobs.

“It’s going to be impossible to complete the count in time,” said one of the bureau employees, an area manager who oversees local census offices. “I’m very fearful we’re going to have a massive undercount.”

Asked why and when the decision was made to move up the end of door knocking, the Census Bureau replied in a written statement Friday: “We are currently evaluating our operations to enable the Census Bureau to provide this data in the most expeditious manner and when those plans have been finalized we will make an announcement.”
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Posted in census litigation<https://electionlawblog.org/?cat=125>


“Supreme Court Signals Federal Judiciary Won’t Mediate Fights Over Voting and Virus; High court’s conservative majority sees scant constitutional authority to weigh in on state elections”<https://electionlawblog.org/?p=113673>
Posted on August 2, 2020 8:24 pm<https://electionlawblog.org/?p=113673> by Rick Hasen<https://electionlawblog.org/?author=3>

Jess Bravin <https://www.wsj.com/articles/supreme-court-signals-federal-judiciary-wont-mediate-fights-over-voting-and-virus-11596276000> for the WSJ:

If the coronavirus is pitting nervous voters against state election officials, don’t expect the federal courts to solve their problem.

That is the message from a string of Supreme Court orders since April, which saw the conservative majority overturn lower court directives to extend balloting or take other measures because of the pandemic.

The latest case came from Idaho, where over the state’s objection, a federal-district court ordered extra time for a citizen initiative to qualify for the ballot and authorized voters to use digital signatures. Advocates of the initiative argued a stay-at-home order and other public-health measures had essentially made it impossible to use the normal signature-gathering processes.

State officials asked the Supreme Court to block those orders while it appealed, and on Thursday the justices agreed in an emergency order.

“This is not a case about the right to vote, but about how items are placed on the ballot in the first place. Nothing in the Constitution requires Idaho or any other State to provide for ballot initiatives,” Chief Justice John Roberts wrote in an opinion accompanying the unsigned order, joined by fellow conservative Justices Samuel Alito, Neil Gorsuch and Brett Kavanaugh.

Even if there were constitutional concerns, he continued, the state’s “reasonable, nondiscretionary restrictions” on gathering signatures “are almost certainly justified by the important regulatory interests in combating fraud and ensuring that ballots are not cluttered with initiatives that have not demonstrated sufficient grass roots support.”

Liberal dissenters said the court’s intervention effectively “dooms” the initiative. Sponsored by the Reclaim Idaho organization, the Invest in Idaho initiative would raise individual and corporate income taxes to fund public education and juvenile probation services.

“The stay granted today puts a halt to their signature-collection efforts, meaning that even if [initiative advocates] ultimately prevail on appeal, it will be extremely difficult, if not impossible, for them to collect enough qualifying signatures by any reasonable deadline for the November ballot,” wrote Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg.

You can find the Chief Justice’s concurring opinion and Justice Sotomayor’s dissent from Thursday at this link<https://www.supremecourt.gov/opinions/19pdf/20a18_f2qg.pdf>.
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Posted in Supreme Court<https://electionlawblog.org/?cat=29>


“How the Media Could Get the Election Story Wrong We may not know the results for days, and maybe weeks. So it’s time to rethink “election night.””<https://electionlawblog.org/?p=113671>
Posted on August 2, 2020 8:03 pm<https://electionlawblog.org/?p=113671> by Rick Hasen<https://electionlawblog.org/?author=3>

Ben Smith NYT media column<https://www.nytimes.com/2020/08/02/business/media/election-coverage.html?smid=tw-share>:

Picture this Thanksgiving: turkey, football (maybe), tenser-than-usual interactions with relatives. And perhaps a new tradition: finding out who actually won the presidential election.

The coronavirus crisis means that states like Pennsylvania may be counting mail-in ballots for weeks, while President Trump tweets false allegations about fraud. And the last barriers between American democracy and a deep political crisis may be television news and some version of that maddening needle on The New York Times website.

I spoke last week to executives, TV hosts and election analysts across leading American newsrooms, and I was struck by the blithe confidence among some top managers and hosts, who generally said they’ve handled complicated elections before and can do so again. And I was alarmed by the near panic among some of the people paying the closest attention — the analysts and producers trying, and often failing, to get answers from state election officials about how and when they will count the ballots and report results.

“The nerds are freaking out,” said Brandon Finnigan, the founder of Decision Desk HQ, which delivers election results to media outlets. “I don’t think it’s penetrated enough in the average viewer’s mind that there’s not going to be an election night. The usual razzmatazz of a panel sitting around discussing election results — that’s dead,” he said….

ome particularly wonky journalists are trying to lay the groundwork. NBC’s Chuck Todd said in June that he has been having “major nightmares” about the election, and his First Read newsletter has been referring<https://www.nbcnews.com/politics/meet-the-press/say-goodbye-election-night-hello-election-week-n1228206> to “election week” instead of Election Day.

The TV presentation is always slick, but the underpinnings of county-by-county electoral systems are baroque and antiquated. And the pandemic means more people will vote by mail this year, in states with little experience processing those votes.

“There’s a lot of planning for the whiz-bang graphics, and not enough planning for avoiding undermining trust in the American electoral system,” said Brendan Nyhan, a Dartmouth political scientist and one of the authors of an April report<https://www.law.uci.edu/faculty/full-time/hasen/2020ElectionReport.pdf> on how to run a fair election during the pandemic. “It’s not going to be great TV, it might not be viral content, but it’s the truth.”

But at the highest levels of most news organizations and the big social media platforms, executives and insiders told me that it simply hasn’t sunk in how different this year is going to be — and how to prepare audiences for it.

Though the hosts and news executives I talked to all take preparations seriously, many seemed to be preparing for this election as they have for others in the past, and some waved off my alarmism….

Mr. Oppenheim’s optimism is a bit hard to justify. The April report on running a fair election offers two recommendations for the media, which it’s mostly been ignoring. First, undertake an intense campaign to explain to voters how the process will actually work this year. And second, teach the public patience.

That’s not the media’s instinct. CNN did the opposite this February, when the Iowa caucuses were slow to report results and the network put on a “count-up” clock, impatiently tapping its foot for a result and signaling that there’s something wrong with a slow, careful count.

Another, smaller but important change that many political types suggest: Get rid of the misleading “percent of precincts reporting” measure. In states like Pennsylvania and Michigan, it would be easy to have 100 percent of precincts reporting their Election Day results — but have mail-in votes piled up in a warehouse, uncounted.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


I Spoke with CNN’s Brian Stelter on “Reliable Sources” About Threats to the Fairness of, and Public’s Confidence in, The November Election Given My Analysis in “Election Meltdown”<https://electionlawblog.org/?p=113669>
Posted on August 2, 2020 2:58 pm<https://electionlawblog.org/?p=113669> by Rick Hasen<https://electionlawblog.org/?author=3>

Watch Part 1<https://www.cnn.com/videos/business/2020/08/02/election-meltdown-author-on-trumps-threat-to-democracy.cnn> and Part 2<https://www.cnn.com/videos/business/2020/08/02/how-news-outlets-can-empower-voters-in-2020.cnn> (with co-panelists Susan Glasser and Erin Geiger Smith).

More information about my new 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>,” at this link<https://sites.uci.edu/electionmeltdown/>.
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Posted in election administration<https://electionlawblog.org/?cat=18>, Election Meltdown<https://electionlawblog.org/?cat=127>


Politico Playbook: Republicans Opposed to More Election Funding Despite Massively Increased Covid-Related Costs for In-Person and Absentee Voting<https://electionlawblog.org/?p=113667>
Posted on August 2, 2020 2:49 pm<https://electionlawblog.org/?p=113667> by Rick Hasen<https://electionlawblog.org/?author=3>

This <https://www.politico.com/playbook> is distressing:

THERE ARE A SET OF POLICY AREAS where stumbling blocks remain. DEMOCRATS want new money for the Postal Service, new money for elections and nearly $1 trillion for state and local governments. REPUBLICANS seem open to USPS money to address operational shortfalls, but they are a hard no on money going to a new mail-in balloting system. Dems want $25 billion for the USPS, Republicans think the number is closer to $5 billion. DEMS want state and local cash — Republicans have pushed for flexibility with already appropriated money. Republicans likewise will not give on more money for the election.

The fact is that this election is going to be much more expensive whether Congress funds it or not, and the lack of funding is going to mean sloppier procedures, more disenfranchisement, and longer lines for voters—and this is true for Democratic, Republican, and other voters. This should not be a partisan issue.

We called for adequate covid-related funding for our elections from Congress in our “Fair Elections During a Crisis<https://www.law.uci.edu/faculty/full-time/hasen/2020ElectionReport.pdf>” report. The question is now urgent.
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Posted in election administration<https://electionlawblog.org/?cat=18>


Watch My MSNBC Segment on Trump’s Claims of Mail-In Voter Fraud and the Paterson, NJ Example<https://electionlawblog.org/?p=113664>
Posted on August 2, 2020 2:43 pm<https://electionlawblog.org/?p=113664> by Rick Hasen<https://electionlawblog.org/?author=3>

Watch here.<http://us.wildmoka.com/c/clip/igHErK>
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


Thanks to Rick Pildes for ELB Guest Blogging<https://electionlawblog.org/?p=113662>
Posted on August 2, 2020 2:38 pm<https://electionlawblog.org/?p=113662> by Rick Hasen<https://electionlawblog.org/?author=3>

I appreciated a respite from the daily posting routine.

Going to only get busier up in the lead-up to November.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Ransomware feared as possible saboteur for November election”<https://electionlawblog.org/?p=113660>
Posted on August 2, 2020 2:35 pm<https://electionlawblog.org/?p=113660> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<https://apnews.com/b39a09fc9a1334e9ef78bd46a40db253?utm_source=newsletter&utm_medium=email&utm_campaign=newsletter_axiosam&stream=top>:

Federal authorities say one of the gravest threats to the November election is a well-timed ransomware attack that could paralyze voting operations. The threat isn’t just from foreign governments, but any fortune-seeking criminal.

Ransomware attacks targeting state and local governments have been on the rise, with cyber criminals seeking quick money by seizing data and holding it hostage until they get paid. The fear is that such attacks could affect voting systems directly or even indirectly, by infecting broader government networks that include electoral databases.

On the spectrum of threats from the fantastical to the more probable, experts and officials say ransomware is a particularly realistic possibility because the attacks are already so pervasive and lucrative. The FBI and Department of Homeland Security have issued advisories to local governments, including recommendations for preventing attacks.

“From the standpoint of confidence in the system, I think it is much easier to disrupt a network and prevent it from operating than it is to change votes,” Adam Hickey, a Justice Department deputy assistant attorney general, said in an interview.

The scenario is relatively simple: Plant malware on multiple networks that affect voter registration databases and activate it just before an election. Or target vote-reporting and tabulation systems.
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Posted in chicanery<https://electionlawblog.org/?cat=12>
“Poll: More Than Half Of Young People Lack Resources To Vote By Mail”<https://electionlawblog.org/?p=113656>
Posted on August 2, 2020 1:54 pm<https://electionlawblog.org/?p=113656> by Richard Pildes<https://electionlawblog.org/?author=7>

This title might be a bit misleading, since the text of the story<https://electionlawblog.org/More%20Than%20Half%20Of%20Young%20People%20Lack%20Resources%20To%20Vote%20By%20Mail> refers to lack of resources or knowledge. Still, raises important issues:

As the coronavirus pandemic has upended normal balloting, more than half of voters under the age of 35 say they don’t have the resources or knowledge they need to vote by mail in November, according to a new poll.

The poll was conducted by Global Strategy Group for NextGen America, a group that is focused primarily on engaging and turning out young voters.

“The problem is we’ve never voted in a pandemic before and some of these young people have never even voted before,” said Ben Wessel, NextGen America’s executive director. “And so when we look at the information about how to print out or, do you have the ability to print out a ballot request form or do you know how to get stamps or do you even know where to find more information? We’re really understanding that we have a big job to do.”
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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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