[EL] ELB News and Commentary 8/5/20

[Rick Hasen]

“U.S. has two weeks to get mail voting right to avoid a mess on Election Day, expert says”<https://electionlawblog.org/?p=113786>
Posted on August 4, 2020 8:59 pm<https://electionlawblog.org/?p=113786> by Rick Hasen<https://electionlawblog.org/?author=3>

NBC News<https://www.nbcnews.com/politics/2020-election/expert-says-u-s-has-two-weeks-get-its-act-n1235805>:

On June 23, Suraj Patel challenged incumbent Rep. Carolyn Maloney in New York’s Democratic primary. Six weeks after Election Day, Patel is still a candidate — because there are so many absentee ballots uncounted<https://www.nbcnews.com/politics/2020-election/states-reject-tens-thousands-mail-ballots-year-s-primaries-setting-n1233833> that officials have yet to declare a winner in his race.

Election law expert Nate Persily says New York’s problem could be the nation’s problem come November without swift and drastic action.

“I think we have two weeks to make the critical decisions that are necessary to pull off this election,” said Persily, a professor at Stanford Law School….

Persily says what’s happening in New York is a “a cautionary tale of how states and localities really need to get prepared and work with the postal service to make sure that mail balloting works.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Trump notes GOP governor when asked why he backs mail-in voting in Florida”<https://electionlawblog.org/?p=113784>
Posted on August 4, 2020 8:57 pm<https://electionlawblog.org/?p=113784> by Rick Hasen<https://electionlawblog.org/?author=3>

The Hill<https://thehill.com/homenews/administration/510579-trump-notes-gop-governor-when-asked-why-he-backs-mail-in-voting-in>:


President Trump<https://thehill.com/people/donald-trump> on Tuesday elaborated on his sudden support for mail-in voting in the state of Florida by noting the state is run by a Republican governor.

The president earlier in the day offered a qualifier<https://thehill.com/homenews/%20administration/510484-trump-%20in-reversal-encourages-vote-%20by-mail-in-florida> to his weeks of sustained attacks on mail-in voting by encouraging residents in Florida to take advantage of absentee and mail ballots. The state is both Trump’s official place of residence and a must-win state in his reelection bid.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Is Same Lawyer Representing Trump Campaign and Kanye West Campaign in Wisconsin?<https://electionlawblog.org/?p=113782>
Posted on August 4, 2020 8:53 pm<https://electionlawblog.org/?p=113782> by Rick Hasen<https://electionlawblog.org/?author=3>

Ben Jacobs<https://twitter.com/Bencjacobs/status/1290854110368083973>:

Daniel Jacobson:<https://twitter.com/Dan_F_Jacobson/status/1290856472767803392>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Kris Kobach Loses Kansas Senate Primary, Easing Republican Worries”<https://electionlawblog.org/?p=113780>
Posted on August 4, 2020 8:45 pm<https://electionlawblog.org/?p=113780> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/2020/08/04/us/politics/kobach-tlaib.html>:

Kansas Republicans on Tuesday soundly rejected the Senate bid of Kris W. Kobach, a polarizing figure in state politics and a staunch ally of President Trump<https://www.nytimes.com/interactive/2020/us/elections/donald-trump.html>’s, choosing instead to nominate a conservative congressman from rural Kansas who was the preferred choice of party leaders in Kansas and Washington.

Mr. Kobach was defeated in the primary by Representative Roger Marshall, The Associated Press reported, a major relief to G.O.P. officials who had worried that Mr. Kobach would uniquely jeopardize the seat in the general election and would be a thorn in the side of party leadership if he won. Mr. Marshall will face State Senator Barbara Bollier, a former Republican herself who switched parties, in November.TUESDAY’S RESULTSSee the vote-counting in several states<https://www.nytimes.com/interactive/2020/08/04/us/elections/results-arizona-kansas-michigan-missouri-primaries.html?action=click&module=RelatedLinks&pgtype=Article>.

Mr. Kobach, a former Kansas secretary of state known for his hard-line views on immigration and voting rights, was seen by party leaders as an especially weak potential general election candidate, even in a state that has not sent a Democrat to the Senate in 88 years. In the 2018 governor’s race, Mr. Kobach lost to Laura Kelly, a Democrat, and heading into this week’s contest, Senate Republican polling showed that nearly 30 percent of Republican primary voters indicated they would support Ms. Bollier in the general election if Mr. Kobach were the nominee.
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Posted in election law biz<https://electionlawblog.org/?cat=51>


WaPo Editorial Endorses Idea of Bipartisan or Nonpartisan Election Commission to Weigh in on 2020<https://electionlawblog.org/?p=113778>
Posted on August 4, 2020 8:42 pm<https://electionlawblog.org/?p=113778> by Rick Hasen<https://electionlawblog.org/?author=3>

Editorial:<https://www.washingtonpost.com/opinions/president-trump-wants-to-undermine-the-election-heres-one-way-to-stop-him/2020/08/04/66e3366e-d5c7-11ea-9c3b-dfc394c03988_story.html?hpid=hp_save-opinions-float-right-4-0_opinion-card-b-right%3Ahomepage%2Fstory-ans>

It would help lower the temperature if a highly visible, authoritative commission were ready to observe and evaluate alleged irregularities — to clarify that voting officials in Georgia are counting votes, not stuffing ballot boxes, or that postal workers in Iowa took a little longer to deliver ballots, so it is not surprising that a surge of votes was recorded a couple days after Election Day. Alternatively, a commission could highlight authentic problems, such as long lines deterring voters from polling sites or mail-in ballots being thrown out for small technical issues beyond voters’ control.

Mr. Trump will not convene such a commission, because he wants chaos. But congressional leaders could do so, or a balanced group of business and community leaders. The American Enterprise Institute’s Norm Ornstein suggests that former presidents George W. Bush and Barack Obama could head the commission. If they did not want to be so visible, they could at least help establish it. The commission could rely on highly experienced U.S. election monitoring groups for expertise.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“NC must give voters a chance to fix mail-in ballots before they’re thrown out, judge rules” (Link to ruling)<https://electionlawblog.org/?p=113776>
Posted on August 4, 2020 8:37 pm<https://electionlawblog.org/?p=113776> by Rick Hasen<https://electionlawblog.org/?author=3>

News & Observer<https://www.newsobserver.com/news/politics-government/election/article244708102.html>:

Fears of coronavirus endangering voters in North Carolina this fall — or potentially lowering voter turnout — aren’t enough to force the state to change many of its elections laws, a federal judge has ruled.

However, U.S. District Court Judge William Osteen did order one key change: new protections for people who vote by mail, giving them a second chance to fix any problems that might keep their ballot from being counted.

The ruling said people will now be ensured “due process” to fix any problems that arise with their ballots, and Osteen left open the door for the state’s political leaders to write a more specific rule or law “which provides a voter with notice and an opportunity to be heard” if there is a problem with their mail-in ballot.

You can find the court’s 188-page ruling at this link.<https://www.courtlistener.com/recap/gov.uscourts.ncmd.85833/gov.uscourts.ncmd.85833.124.0.pdf>
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, court decisions<https://electionlawblog.org/?cat=129>, election administration<https://electionlawblog.org/?cat=18>


“Bice: Wisconsin Republicans help Kanye West in his attempt to get on state presidential ballot”<https://electionlawblog.org/?p=113774>
Posted on August 4, 2020 8:33 pm<https://electionlawblog.org/?p=113774> by Rick Hasen<https://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel:<https://amp.jsonline.com/amp/3296285001?utm_campaign=snd-autopilot&__twitter_impression=true>

The rapper’s campaign turned in a number of signatures<https://www.jsonline.com/story/news/politics/2020/08/04/kanye-west-hires-firm-get-november-ballot-wisconsin/3288404001/> on Tuesday in a bid to get on the November presidential ballot in Wisconsin<https://www.wisn.com/article/kanye-wests-campaign-drops-off-signatures-to-get-him-on-wisconsin-ballot/33515419>. He is making similar attempts in Ohio, Arkansas and West Virginia.

Reid Magney, spokesman for the state Elections Commission, said it could be several days before officials confirm that West has enough valid signatures to appear on the ballot as an independent candidate representing the Birthday Party.

It was a pretty impressive feat that West’s campaign was able to submit as many signatures as it did by Tuesday’s 5 p.m. deadline. His campaign filed a statement of candidacy with the Federal Elections Commission only 2 1/2 weeks ago.

But it certainly helped that the billionaire rapper got support from a handful of Republicans in Wisconsin. Many believe a West candidacy would divert votes from former Vice President Joe Biden, who has clinched the Democratic presidential nomination and will face President Donald Trump in November.

First, West’s nominating petitions were dropped off with state regulators by Lane Ruhland, a top Republican lawyer and former general counsel for the state GOP.

Ruhland did not return calls on Tuesday evening. But Cameron Joseph, a reporter with Vice News, did reach her and tweeted about it: “Ruhland didn’t deny it when I called her: ‘I’m going to leave any comment about the petitions, the papers and what is going on the campaign itself.'” …

Then there are the 10 electors that West’s campaign had to round up to make it on the ballot here.

The electors have to pledge to vote for West at the Electoral College if he were to win the state. Independent candidates have to submit an elector for each of the state’s eight congressional districts as well as two at-large electors.

According to their social media accounts, several of the electors are very big Trump supporters or second- or third-tier Republican activists.

J.M. McCoy of Wauwatosa is West’s elector for the state’s 5th Congressional District. McCoy could not be reached late Tuesday. But there is a J.M. McCoy<https://www.wisconsinyrs.gop/> from Wauwatosa who is a national committeeman<https://www.facebook.com/jm.mckoy> for the Wisconsin Young Republicans.

West’s elector for the 3rd Congressional District is James Smith of Stoddard. On his Facebook page, Stoddard has of a picture of his house with a Trump sign in front of it<https://www.facebook.com/photo.php?fbid=10158539855513809&set=pb.502348808.-2207520000..&type=3>.

Contacted by the Journal Sentinel, Smith was tight-lipped about his support for West: “I have no comment at this time.”

Other West electors are also strong supporters of Republicans.
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Posted in ballot access<https://electionlawblog.org/?cat=46>, chicanery<https://electionlawblog.org/?cat=12>


“Voter suit aims to block mask mandate at Minnesota polling places”<https://electionlawblog.org/?p=113771>
Posted on August 4, 2020 6:08 pm<https://electionlawblog.org/?p=113771> by Rick Hasen<https://electionlawblog.org/?author=3>

The Star Tribune reports<https://www.startribune.com/voter-suit-aims-to-block-mask-mandate-at-minnesota-polling-places/572006782/>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


New York: “How Democrats’ redistricting amendment could give them more power”<https://electionlawblog.org/?p=113769>
Posted on August 4, 2020 6:06 pm<https://electionlawblog.org/?p=113769> by Rick Hasen<https://electionlawblog.org/?author=3>

City & State reports.<https://www.cityandstateny.com/articles/politics/new-york-state/how-democrats%E2%80%99-redistricting-amendment-could-give-them-more-power?mc_cid=c381ff3c65&mc_eid=5cf3f23864>
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Posted in redistricting<https://electionlawblog.org/?cat=6>


“‘Outright Lies’: Voting Misinformation Flourishes on Facebook”<https://electionlawblog.org/?p=113759>
Posted on August 4, 2020 1:05 pm<https://electionlawblog.org/?p=113759> by Rick Hasen<https://electionlawblog.org/?author=3>

ProPublica<https://www.propublica.org/article/outright-lies-voting-misinformation-flourishes-on-facebook?utm_source=twitter&utm_medium=social>:

On April 3, Terrence K. Williams, a politically conservative actor and comedian who’s been praised<https://www.youtube.com/watch?v=W8i5RbgmNF4> by President Donald Trump, assured his nearly 3 million followers on Facebook that Democrats would light ballots on fire or throw them away. Wearing a red “Keep America Great” hat, Williams declared, “If you mail in your vote, your vote will be in Barack Obama’s fireplace.” The video has been viewed more than 350,000 times.

On May 8, Peggy Hubbard, a Navy veteran and police officer who this year sought the Republican nomination for a U.S. Senate seat from Illinois, warned on Facebook that the country was heading toward civil war. “Your democracy, your freedom is being stripped away from you, and if you allow that then everything this country stood for, fought for, bled for is all in vain.” The cause? California’s recent expansion of voting by mail: “The only way you will be able to vote in the upcoming election in November is by mail only,” Hubbard said. The video has attracted more than 209,000 views.

On June 27, Pamela Geller, an anti-Muslim activist with nearly 1.3 million followers, weighed in. “Mail-in ballots guarantee that the Democrats will commit voter fraud,” she said<https://www.facebook.com/193266897438/posts/10159585338902439> on Facebook.

There’s no evidence for any of these statements. While California will mail absentee ballots to all registered voters, polling places will also be available. Voter fraud is exceedingly rare, including with mail-in ballots. A recent Washington Post analysis<https://www.washingtonpost.com/politics/minuscule-number-of-potentially-fraudulent-ballots-in-states-with-universal-mail-voting-undercuts-trump-claims-about-election-risks/2020/06/08/1e78aa26-a5c5-11ea-bb20-ebf0921f3bbd_story.html> analyzed three states with all-mail elections — Colorado, Oregon and Washington — and found just 372 potential irregularities among 14.6 million votes, or 0.0025%.

Facebook’s community standards<https://www.facebook.com/communitystandards/coordinating_harm_publicizing_crime/> ban “misrepresentation of who can vote, qualifications for voting, whether a vote will be counted, and what information and/or materials must be provided in order to vote.” But an analysis by ProPublica and First Draft<https://firstdraftnews.org/>, a global nonprofit that researches misinformation, shows that Facebook is rife with false or misleading claims about voting, particularly regarding voting by mail, which is the safest way of casting a ballot during the pandemic. Many of these falsehoods appear to violate Facebook’s standards yet have not been taken down or labeled as inaccurate. Some of them, generalizing from one or two cases, portrayed people of color as the face of voter fraud.

The false claims, including conspiracy theories about stolen elections or outright misrepresentations about voting by mail by Trump and prominent conservative outlets, are often among the most popular posts about voting on Facebook, according to a review of engagement data from CrowdTangle, a Facebook-owned analytics tool.

On Facebook, interactions — the number of comments, likes, reactions and shares that a post attracts — are a proxy for popularity. Of the top 50 posts, ranked by total interactions, that mentioned voting by mail since April 1, 22 contained false or substantially misleading claims about voting, particularly about mail-in ballots.
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Posted in cheap speech<https://electionlawblog.org/?cat=130>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>, social media and social protests<https://electionlawblog.org/?cat=58>


“Trump’s Warnings About Voting by Mail Mix Reasonable Concerns With Fanciful Conspiracy Theories”<https://electionlawblog.org/?p=113756>
Posted on August 4, 2020 12:11 pm<https://electionlawblog.org/?p=113756> by Rick Hasen<https://electionlawblog.org/?author=3>

Jacob Sullum<https://reason.com/2020/08/04/trumps-warnings-about-voting-by-mail-mix-reasonable-concerns-with-fanciful-conspiracy-theories/> for Reason.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Silicon Valley is losing the battle against election misinformation”<https://electionlawblog.org/?p=113753>
Posted on August 4, 2020 12:06 pm<https://electionlawblog.org/?p=113753> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/news/2020/08/04/silicon-valley-election-misinformation-383092>

Videos peddling false claims about voter fraud and Covid-19 cures draw millions of views on YouTube. Partisan activist groups pretending to be online news sites set up shop on Facebook. Foreign trolls masquerade as U.S. activists on Instagram to sow divisions around the Black Lives Matter protests.

Four years after an election in which Russia and some far-right groups unleashed a wave of false, misleading and divisive online messages, Silicon Valley is losing the battle to eliminate online misinformation that could sway the vote in November.

Social media companies are struggling with an onslaught of deceptive and divisive messaging from political parties, foreign governments and hate groups as the months tick down to this year’s presidential election, according to more than two dozen national security policymakers, misinformation experts, hate speech researchers, fact-checking groups and tech executives, as well as a review of thousands of social media posts by POLITICO.

The tactics, many aimed at deepening divisions among Americans already traumatized by a deadly pandemic and record job losses, echo the Russian government’s years-long efforts to stoke confusion<https://www.politico.com/story/2018/02/16/mueller-indictment-russia-takeaways-353667> before the U.S. 2016 presidential election, according to experts who study the spread of harmful content. But the attacks this time around are far more insidious and sophisticated — with harder-to-detect fakes, more countries pushing covert agendas and a flood American groups copying their methods….

At the same time, social media companies are being squeezed by partisan scrutiny in Washington that makes their judgment calls about what to leave up or remove even more politically fraught: Trump and other Republicans accuse the companies of systematically censoring conservatives, while Democrats lambast them for allowing too many falsehoods to circulate.

Researchers say it’s impossible to know how comprehensive the companies have been in removing bogus content because the platforms often put conditions on access to their data. Academics have had to sign non-disclosure agreements promising not to criticize the companies to gain access to that information, according to people who signed the documents and others who refused to do so.

Experts and policymakers warn the tactics will likely become even more advanced over the next few months, including the possible use of so-called deepfakes, or false videos created through artificial intelligence, to create realistic-looking footage that undermines the opposing side.

“As more data is accumulated, people are going to get better at manipulating communication to voters,” said Robby Mook, campaign manager for Hillary Clinton’s 2016 presidential bid and now a fellow at the Harvard Kennedy School.
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Posted in cheap speech<https://electionlawblog.org/?cat=130>, social media and social protests<https://electionlawblog.org/?cat=58>


Ohio: “LaRose favors bill targeting dark money; Secretary of State backs bipartisan measure requiring disclosure.”<https://electionlawblog.org/?p=113751>
Posted on August 4, 2020 7:45 am<https://electionlawblog.org/?p=113751> by Rick Hasen<https://electionlawblog.org/?author=3>

The Dayton Daily News reports.<https://epaper.daytondailynews.com/popovers/dynamic_article_popover.aspx?guid=3c87ecd1-f576-46fe-89b0-82cd21ecdae8&pbid=66ab59ea-5cfc-438d-83e4-dc9e4a34f79d&utm_source=app.pagesuite&utm_medium=app-interaction&utm_campaign=pagesuite-epaper-html5_share-article>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>


“Michigan ballots tangled in mail delays in advance of Tuesday primary”<https://electionlawblog.org/?p=113749>
Posted on August 4, 2020 7:26 am<https://electionlawblog.org/?p=113749> by Rick Hasen<https://electionlawblog.org/?author=3>

Washington Post<https://www.washingtonpost.com/politics/michigan-ballots-tangled-in-mail-delays-in-advance-of-tuesday-primary/2020/08/03/95c2039e-d5a8-11ea-9c3b-dfc394c03988_story.html>:

Mail problems marred the delivery of absentee ballots in Michigan in the run-up to Tuesday’s primary in the state, testing election administrators and ramping up fears of political pressure on the U.S. Postal Service just three months before Nov. 3.

Across the state, where polls opened Tuesday at 7 a.m., some voters reported not receiving their absentee ballots with just days left before the vote for several congressional primaries, as well as state and local offices. Election officials advised those who had to submit their absentee ballots in person at election offices or dropboxes by 8 p.m. Tuesday, rather than risk delayed delivery by the Postal Service.

The difficulties in Michigan — one of five states holding primaries Tuesday and a crucial presidential battleground for the fall — offer a potential warning ahead of the general election, when millions more votersthan in past yearsare expected to vote absentee to avoid possible exposure to the novel coronavirus<https://www.washingtonpost.com/health/2020/02/28/what-you-need-know-about-coronavirus/?itid=lk_inline_manual_5> at in-person polling locations.
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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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