[EL] ELB News and Commentary 8/25/20

[Rick Hasen]

“LeBron James and a Multimillion-Dollar Push for More Poll Workers”<https://electionlawblog.org/?p=114409>
Posted on August 24, 2020 8:18 pm<https://electionlawblog.org/?p=114409> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2020/08/24/us/politics/lebron-james-poll-workers.html>

More Than a Vote, a collective of athletes headlined by LeBron James that is fighting to combat voter suppression, will announce a multimillion-dollar initiative to increase the number of poll workers in Black electoral districts ahead of November’s general election.

The project, a collaboration with the NAACP Legal Defense Fund, aims to recruit young people to serve at polling locations in Black communities in swing states, including Georgia, Michigan, Wisconsin, Florida and Ohio. The effort will involve poll worker recruitment, a paid advertising campaign and a corporate partnership program that will encourage employees to volunteer as poll workers.

Election officials throughout the country have reported a shortage of poll workers to staff in-person voting sites amid the coronavirus pandemic, which has upended every facet of American life — including the electoral process.
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Posted in election administration<https://electionlawblog.org/?cat=18>


“Pa. Republicans propose election law changes as anxiety builds over mail voting”<https://electionlawblog.org/?p=114407>
Posted on August 24, 2020 8:12 pm<https://electionlawblog.org/?p=114407> by Rick Hasen<https://electionlawblog.org/?author=3>

Philadelphia Inquirer:<https://www.inquirer.com/politics/election/pennsylvania-republicans-propose-election-law-changes-20200824.html>

Republican leaders in the Pennsylvania Senate introduced legislation<https://www.senatorscarnati.com/2020/08/24/senate-leaders-introduce-election-reform-legislation-to-expand-voter-access-maintain-election-security/> Monday that would effectively prohibit the use of mail-ballot drop boxes that President Donald Trump has criticized, make it more likely that a winner in the presidential race is known soon after polls close, and reduce the number of ballots rejected for arriving late

But the proposal also would give voters less time to request mail ballots, prompting Gov. Tom Wolf, a Democrat, to quickly come out against it. That left it unclear Monday whether a fierce political<https://www.inquirer.com/politics/election/mail-voting-phiadelphia-post-office-delays-20200806.html> and legal battle<https://www.inquirer.com/politics/election/pennsylvania-mail-voting-deadlines-post-office-lawsuit-20200813.html> over mail voting in a key swing state would be resolved in the state legislature or in the courts.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>


“Michigan board vote may mandate future state takeover of Detroit elections”<https://electionlawblog.org/?p=114405>
Posted on August 24, 2020 8:05 pm<https://electionlawblog.org/?p=114405> by Rick Hasen<https://electionlawblog.org/?author=3>

Detroit Free Press<https://www.freep.com/story/news/politics/elections/2020/08/24/detroit-august-primary-elections-takeover/3429873001/>:

A Michigan board generally tasked with verifying election results wants Secretary of State Jocelyn Benson to have broad authority over election operations in Detroit this fall unless the city meets certain requirements.

The Michigan Board of State Canvassers did not define what specifics steps Detroit would need to take to prevent a takeover, or outline what exact powers would fall to Benson if Detroit failed to act.

The board passed a measure Monday that certified the August primary results. But the measure also theoretically mandates Detroit election officials make unspecified changes if they want to avoid a state takeover…

he secretary of state already has supervisory control over elections, according to state law. The board intentionally did not elaborate in the measure on what actions they wanted to see from Benson’s office.

“I don’t think we’re in a position to add the detail right now. We’re hoping that Jonathan Brater (the director of the Michigan Bureau of Elections) comes through with a list of requirements that have to be made if Detroit’s going to run their own election. Otherwise, the secretary of state walks in and runs it,” said Norm Shinkle, a Republican member of the board.

Minutes before the measure passed, Brater told board members the state could not make this work.

“We will do whatever is necessary to enforce the election law…it’s not clear what specific element of enforcement of supervisory control the board is requesting here in order to supervise the election,” Brater said.

“Logistically, practically, it’s not possible for the Bureau of Elections to run Detroit’s elections.”

The board’s vote is also on uncertain legal grounds. Heather Meingast, an attorney with the office of the Michigan Attorney General, expressed skepticism when discussing the board’s authority to certify election results contingent on an action being taken by Benson’s office.

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


“Federal Court Blocks Indiana Voter Purge Law”<https://electionlawblog.org/?p=114403>
Posted on August 24, 2020 6:41 pm<https://electionlawblog.org/?p=114403> by Rick Hasen<https://electionlawblog.org/?author=3>

WBIW<http://www.wbiw.com/2020/08/24/federal-court-blocks-indiana-voter-purge-law/>:

 A federal court has blocked<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUURTROxIEyGquq1smnAPN-2FjdMHZz5o1q-2FDiiU-2Fp-2FVz1mi9d-2BuihAlkr3qZC2htaO0ZJGMm9GyCsLwgduDSgrRFQ-3DdA6j_yr-2BB7GhRmt281BQRpjbkBqGWK5juyunyub-2FeA1N-2F3PUaqMIAn9wsvG2BCmZEZ6BrWLDYme5XCBjlP5QNw61CussxXArvFeODbglsn0hhVLpxIoDelP-2B0LTqX5VVV1fYfmvQYBefzkNyCFF5-2FC6ZQsezhxigZYxuABFgylECkXtm0-2FPo6rgMQ-2FoHwUK-2ButFtCGvokMNmdDKn5HyH-2FZCFQeiQPfskdKS11ORD7ed8d9AHr2Gj69lwCkBDi6NODmfhwJwJNo2ECYEs55aPJYYgnhk6FCqfXDoZ-2BV8dsj3ELKiJK-2FzSbX-2BY-2BF8R7ictc5Z-2B7rQRk1J-2FqQrUc9SQG9zVg0Q-3D-3D> an Indiana law that would have allowed county elections officials to kick voters off the rolls immediately without notice.

The American Civil Liberties Union, ACLU of Indiana, Demos, and the firm Davis Wright Tremaine challenged the law, which sought to circumvent federally mandated safeguards from a state purge process, allowing voters to be purged based solely on second-hand information without notice or an opportunity to correct the record.

Previously in this case, federal courts struck down a virtually identical law that relied on data from the controversial Interstate Voter Registration Crosscheck program. Instead of fixing the problems, Indiana enacted a new law that replicated the same flawed procedures and simply swapped the Crosscheck program with an Indiana-based program called  the Indiana Data Enhancement Association.
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Posted in NVRA (motor voter)<https://electionlawblog.org/?cat=33>


Sixth Circuit Rejects Attempts of Socialist Workers Party to Get Relaxed Ballot Access in Michigan Due to COVID<https://electionlawblog.org/?p=114401>
Posted on August 24, 2020 6:34 pm<https://electionlawblog.org/?p=114401> by Rick Hasen<https://electionlawblog.org/?author=3>

In essence the court held<https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0274p-06.pdf> that party officials had enough time to try to gather signatures during the pandemic, and so the burden was not severe enough to justify easing the requirements.
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Posted in ballot access<https://electionlawblog.org/?cat=46>


“In 1981 a ‘task force’ intimidated voters at the polls. Will Republicans revert to their old tactics?”<https://electionlawblog.org/?p=114399>
Posted on August 24, 2020 12:29 pm<https://electionlawblog.org/?p=114399> by Rick Hasen<https://electionlawblog.org/?author=3>

The Guardian reports.<https://www.theguardian.com/us-news/2020/aug/24/in-1981-a-task-force-intimidated-voters-at-the-polls-will-republicans-revert-to-their-old-tactics>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Politifact Gives “Pants on Fire” Rating to Trump’s Claim That The Only Way He Would Lose Reelection is If the Election is “Rigged”<https://electionlawblog.org/?p=114397>
Posted on August 24, 2020 11:00 am<https://electionlawblog.org/?p=114397> by Rick Hasen<https://electionlawblog.org/?author=3>

Sad this was necessary <https://www.politifact.com/factchecks/2020/aug/24/donald-trump/donald-trump-says-joe-biden-can-only-win-rigged-el/> to fact check (but it was).
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“‘Mind-bogglingly irresponsible’: meet the Republican donors helping QAnon reach Congress; Marjorie Taylor Greene received donations from groups tied to Donald Trump’s chief of staff and several party mega-donors, filings show”<https://electionlawblog.org/?p=114395>
Posted on August 24, 2020 10:19 am<https://electionlawblog.org/?p=114395> by Rick Hasen<https://electionlawblog.org/?author=3>

The Guardian reports<https://www.theguardian.com/us-news/2020/aug/24/mind-bogglingly-irresponsible-meet-the-republican-donors-helping-qanon-reach-congress?CMP=Share_iOSApp_Other>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“As Census Count Resumes, Doubts About Accuracy Continue to Grow; Officials project optimism. But a chorus of experts says the pandemic and politics could lead to a deeply flawed count.”<https://electionlawblog.org/?p=114393>
Posted on August 24, 2020 10:18 am<https://electionlawblog.org/?p=114393> by Rick Hasen<https://electionlawblog.org/?author=3>

Michael Wines<https://www.nytimes.com/2020/08/24/us/census-bureau.html> for the NYT.
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Posted in census litigation<https://electionlawblog.org/?cat=125>


Joan Biskupic: “Trump revives Bush v. Gore in his crusade against mail-in voting”<https://electionlawblog.org/?p=114391>
Posted on August 24, 2020 10:17 am<https://electionlawblog.org/?p=114391> by Rick Hasen<https://electionlawblog.org/?author=3>

Reporting<https://www.cnn.com/2020/08/24/politics/supreme-court-bush-gore-trump-lawsuits/index.html> at CNN.
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Posted in Bush v. Gore reflections<https://electionlawblog.org/?cat=5>, Supreme Court<https://electionlawblog.org/?cat=29>, The Voting Wars<https://electionlawblog.org/?cat=60>


Poll: College Students Lack Confidence in Legitimacy of 2020 Election<https://electionlawblog.org/?p=114389>
Posted on August 24, 2020 7:35 am<https://electionlawblog.org/?p=114389> by Rick Hasen<https://electionlawblog.org/?author=3>

From a new Knight Foundation survey:<https://knightfoundation.org/reports/college-students-voting-and-the-covid-19-election/>
·         Students lack confidence in the legitimacy of the 2020 election. Nearly half (49%) say it won’t be fair and open, and a majority (55%) say it will not be administered well. A full 81% say special interest groups have more influence over election outcomes than voters.
·         Students are likely to doubt the results of the presidential election. Half say that problems at polling places such as long lines or broken voting machines would lead them to have major doubts about the fairness of the election; followed by evidence of foreign interference (48%); the election winner losing the popular vote (46%); and low voter turnout (46%) or if most voters cast ballots by mail (31%). 74% will have major or minor doubts about the fairness of the election if it takes weeks to count.
·         Students plan to vote for Joe Biden by a wide margin, but enthusiasm is low for both major candidates and their parties. A full 70% say they will vote for Biden, versus only 18% for President Trump. But only 49% have a favorable impression of Biden, versus 51% unfavorable; for Trump, those numbers are 19% and 81%, respectively. When it comes to the two major parties, male college students view both about equally negatively, while female students express much more positive views of the Democratic Party.
·         Just over half of college students plan to vote by mail, with large partisan splits. The majority (63%) of Democratic students say they would prefer to vote by mail or absentee, compared to 31% of Republican students. Thirty nine percent of all students plan to vote in person.
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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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