[EL] ELB News and Commentary 2/6/20

Thu Feb 6 08:50:54 PST 2020

Was There Intentional Jamming of the Iowa Democratic Party Phone Line to Make It Harder to Report Caucus Results? Conduct Reminiscent of 2002 New Hampshire Election Hotline Case or Uncoordinated Behavior?<https://electionlawblog.org/?p=109372>
Posted on February 6, 2020 8:43 am<https://electionlawblog.org/?p=109372> by Rick Hasen<https://electionlawblog.org/?author=3>

A report in Bloomberg<https://www.detroitnews.com/story/news/nation/2020/02/06/trump-supporters-flooded-iowa-caucus-hotline-democrats-say/41147829/> says that once the phone number for Iowa Democratic Party officials to report precinct caucus results became public, there were lots of calls from Trump supporters jamming the lines. The Trump campaign said it had nothing to do with it:

On Thursday morning, the Iowa Democratic Party confirmed it “experienced an unusually high volume of inbound phone calls to its caucus hotline,” which included “supporters of President Trump who called to express their displeasure with the Democratic Party.”

“The unexplained, and at times hostile, calls contributed to the delay in the Iowa Democratic Party’s collection of results, but in no way affected the integrity of information gathered or the accuracy of data sets reported,“ the party statement said.

The Trump campaign said Wednesday night it had no knowledge of its supporters calling the hotline.

“Don’t know anything about that but maybe Democrats should consider using an app of some kind next time,” Tim Murtaugh, a campaign spokesman wrote in a text message.

“Democrats are engulfed in the worst election embarrassment in modern history and they’re looking for someone to blame. It’s pathetic,” Murtaugh added Thursday.

So far there is no evidence that this was a coordinated effort to make it to intentionally jam up the phone lines to interfere with the reporting of results. If there is such evidence, it could well be a crime.

It is reminiscent of the 2002 New Hampshire phone jamming case, a story I tell in my 2012 book, The Voting Wa<https://www.amazon.com/gp/product/B008MXQCPY/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i9>rs. Here’s a piece of that:
[cid:image001.png at 01D5DCCA.89482990][cid:image002.png at 01D5DCCA.89482990]
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Posted in chicanery<https://electionlawblog.org/?cat=12>

“Iowa Caucus Results Riddled With Errors and Inconsistencies”<https://electionlawblog.org/?p=109370>
Posted on February 6, 2020 8:15 am<https://electionlawblog.org/?p=109370> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT’s<https://www.nytimes.com/2020/02/06/upshot/iowa-caucuses-errors-results.html> The Upshot.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“As Election Primaries Approach, Red Flags Signal Voter Suppression Risks”<https://electionlawblog.org/?p=109368>
Posted on February 6, 2020 8:10 am<https://electionlawblog.org/?p=109368> by Rick Hasen<https://electionlawblog.org/?author=3>

Just Security.<https://www.justsecurity.org/68514/as-election-primaries-approach-red-flags-signal-voter-suppression-risks/?fbclid=IwAR1YoHb29PG3CFTg8XaW9i7IfmJl7sco4F4ceq6tkHL3Xc6zWo22am-QuDk>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“The Billion-Dollar Disinformation Campaign to Reelect the President; How new technologies and techniques pioneered by dictators will shape the 2020 election”<https://electionlawblog.org/?p=109366>
Posted on February 6, 2020 7:57 am<https://electionlawblog.org/?p=109366> by Rick Hasen<https://electionlawblog.org/?author=3>

Deep dive<https://www.theatlantic.com/magazine/archive/2020/03/the-2020-disinformation-war/605530/> by McKay Coppins in The Atlantic.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>

“Election Meltdown in the Iowa Caucuses (Podcast)”<https://electionlawblog.org/?p=109364>
Posted on February 6, 2020 7:52 am<https://electionlawblog.org/?p=109364> by Rick Hasen<https://electionlawblog.org/?author=3>

I talked to June Grasso<https://www.bloomberg.com/news/audio/2020-02-06/election-meltdown-in-the-iowa-caucuses-podcast> for the Bloomberg law podcast about my new book, Election Meltdown<https://www.amazon.com/Election-Meltdown-Distrust-American-Democracy/dp/0300248199/ref=tmm_hrd_swatch_0?_encoding=UTF8&qid=1565015345&sr=1-1-catcorr>.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>

“The delayed Iowa caucus results erode trust in elections at a really bad time”<https://electionlawblog.org/?p=109362>
Posted on February 6, 2020 7:51 am<https://electionlawblog.org/?p=109362> by Rick Hasen<https://electionlawblog.org/?author=3>

Lee Drutman<https://www.nbcnews.com/think/opinion/delayed-iowa-caucus-results-erode-trust-elections-really-bad-time-ncna1130216> for NBC Think.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>

“Voting Problems Open the Door to Election Alternatives”<https://electionlawblog.org/?p=109360>
Posted on February 6, 2020 7:48 am<https://electionlawblog.org/?p=109360> by Rick Hasen<https://electionlawblog.org/?author=3>

Governing reports.<https://www.governing.com/now/Voting-Problems-Open-Door-to-Election-Alternatives.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Georgetown Conference Friday: “Election Integrity in the Networked Information Era”<https://electionlawblog.org/?p=109358>
Posted on February 6, 2020 7:46 am<https://electionlawblog.org/?p=109358> by Rick Hasen<https://electionlawblog.org/?author=3>

Well-timed conference<https://www.law.georgetown.edu/news/election-integrity-in-the-networked-information-era/> at Georgetown Friday that I unfortunately was unable to attend. It looks very important.
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Posted in election administration<https://electionlawblog.org/?cat=18>, voting technology<https://electionlawblog.org/?cat=40>

“Texas Democrats launch aggressive voter-protection effort”<https://electionlawblog.org/?p=109356>
Posted on February 6, 2020 7:43 am<https://electionlawblog.org/?p=109356> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo reports<https://www.washingtonpost.com/politics/texas-democrats-launch-aggressive-voter-protection-effort/2020/02/05/71fe35da-4878-11ea-b4d9-29cc419287eb_story.html?wpmk=MK0000200>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Free speech or dark money disclosure: Political operatives seek to gut SF campaign ad measure”<https://electionlawblog.org/?p=109354>
Posted on February 6, 2020 7:26 am<https://electionlawblog.org/?p=109354> by Rick Hasen<https://electionlawblog.org/?author=3>

The SF Chronicle reports.<https://www.sfchronicle.com/politics/article/Free-speech-or-dark-money-disclosure-Political-15033733.php?t=2dd71cf1d9>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

“Partisan Gerrymandering and State Constitutions”<https://electionlawblog.org/?p=109352>
Posted on February 6, 2020 7:24 am<https://electionlawblog.org/?p=109352> by Rick Hasen<https://electionlawblog.org/?author=3>

Michael Morley has posted this draft<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3530136> on SSRN. Here is the abstract:

Since the U.S. Supreme Court held in Rucho v. Common Cause that partisan gerrymandering claims are non-justiciable under the U.S. Constitution, reformers have shifted their focus to pursuing such claims under state constitutions. In some cases, longstanding state constitutional provisions have been re-interpreted to prohibit partisan gerrymandering. In others, state constitutions have been expressly amended to either forbid partisan gerrymandering or transfer authority over drawing congressional and legislative district lines from the state legislature to independent redistricting commissions.

The U.S. Constitution does not confer authority to regulate federal elections on states as entities, however, but rather specifically on the “Legislature” of each state. The “independent state legislature doctrine” teaches that a state constitution is legally incapable of imposing substantive restrictions on the authority over federal elections that the U.S. Constitution confers directly and specifically on a state’s legislature. Over the past 130 years, the U.S. Supreme Court has repeatedly adopted conflicting positions on the doctrine without recognizing its deep historical roots or normative justifications.

The independent state legislature doctrine reflects the prevailing understanding of states, Congress, and other actors throughout the Nineteenth Century, and was consistently applied during that period across a broad range of circumstances. It protects important structural considerations and is consistent with the political theory underlying the U.S. Constitution’s election-related provisions. Properly understood, the independent state legislature doctrine is a powerful, largely overlooked obstacle to the use of state constitutions to combat partisan gerrymandering.
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Posted in redistricting<https://electionlawblog.org/?cat=6>

Trump “Jokes” Again, For At Least the 28th Time, About Remaining in Office Beyond His Legal Term Limit<https://electionlawblog.org/?p=109350>
Posted on February 5, 2020 5:47 pm<https://electionlawblog.org/?p=109350> by Rick Hasen<https://electionlawblog.org/?author=3>

This<https://twitter.com/rickhasen/status/1225178545745301505>, in response<https://twitter.com/elizabeth_joh/status/1225175394111741953> to the Senate acquittal vote. (See my earlier Slate piece<https://slate.com/news-and-politics/2020/02/trump-jokes-rigged-elections-chaos.html> on this topic.)
[cid:image004.jpg at 01D5DCCA.89482990]<https://twitter.com/elizabeth_joh>
<https://twitter.com/elizabeth_joh>
Elizabeth Joh at elizabeth_joh<https://twitter.com/elizabeth_joh>

<https://twitter.com/elizabeth_joh/status/1225175394111741953>

Having just been acquitted in his Senate trial, the President immediately threatens to violate the 22d Amendment
[View image on Twitter]<https://twitter.com/elizabeth_joh/status/1225175394111741953/photo/1>
<https://twitter.com/intent/like?tweet_id=1225175394111741953>
343<https://twitter.com/intent/like?tweet_id=1225175394111741953>
1:52 PM - Feb 5, 2020<https://twitter.com/elizabeth_joh/status/1225175394111741953>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/elizabeth_joh/status/1225175394111741953>
214 people are talking about this<https://twitter.com/elizabeth_joh/status/1225175394111741953>

[cid:image006.png at 01D5DCCA.89482990]<https://twitter.com/rickhasen>
<https://twitter.com/rickhasen>
Rick Hasen<https://twitter.com/rickhasen>
✔@rickhasen<https://twitter.com/rickhasen>

<https://twitter.com/rickhasen/status/1225178545745301505>

I've produced a spreadsheet listing the 27 instances we've located of Trump "joking" or speaking about staying in office beyond his legal term. https://electionlawblog.org/wp-content/uploads/Trump-Beyond-2-Terms-Chart.xlsx …<https://t.co/WxunfyqLGR>
This would be 28. https://twitter.com/PoliticsWolf/status/1225177090095366145 …<https://t.co/AHWDioPT0y>
<https://twitter.com/PoliticsWolf/status/1225177090095366145>
Stephen Wolf<https://twitter.com/PoliticsWolf/status/1225177090095366145>
✔@PoliticsWolf<https://twitter.com/PoliticsWolf/status/1225177090095366145>

According to @RickHasen, Trump has threatened to stay in office beyond his term limit nearly 30 times. This is not a joke, it's a warning https://slate.com/news-and-politics/2020/02/trump-jokes-rigged-elections-chaos.html … https://twitter.com/elizabeth_joh/status/1225175394111741953 …<https://twitter.com/PoliticsWolf/status/1225177090095366145>

<https://twitter.com/intent/like?tweet_id=1225178545745301505>
28<https://twitter.com/intent/like?tweet_id=1225178545745301505>
2:05 PM - Feb 5, 2020<https://twitter.com/rickhasen/status/1225178545745301505>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/rickhasen/status/1225178545745301505>
29 people are talking about this<https://twitter.com/rickhasen/status/1225178545745301505>

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Posted in chicanery<https://electionlawblog.org/?cat=12>, Election Meltdown<https://electionlawblog.org/?cat=127>

“Iowa caucus app was rushed and flawed from the beginning, experts say”<https://electionlawblog.org/?p=109348>
Posted on February 5, 2020 5:04 pm<https://electionlawblog.org/?p=109348> by Rick Hasen<https://electionlawblog.org/?author=3>

NBC News reports.<https://www.nbcnews.com/tech/security/iowa-caucus-app-was-rushed-flawed-beginning-experts-say-n1131216>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Georgia: “New voting machines raise concerns about privacy”<https://electionlawblog.org/?p=109346>
Posted on February 5, 2020 4:43 pm<https://electionlawblog.org/?p=109346> by Rick Hasen<https://electionlawblog.org/?author=3>

11Alive<https://www.11alive.com/video/news/politics/elections/new-voting-machines-raise-concerns-about-privacy/85-04943264-0330-4c90-9dab-3a98b95fa9b8>—you can watch people voting on the new BMDs in Georgia.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Iowa, A Cautionary Tale of ‘Election Meltdown'”<https://electionlawblog.org/?p=109344>
Posted on February 5, 2020 3:52 pm<https://electionlawblog.org/?p=109344> by Rick Hasen<https://electionlawblog.org/?author=3>

I was on WNYC’s “All of It,<https://www.wnyc.org/story/iowa-cautionary-tale-election-meltdown>” speaking with Alison Stewart about the Iowa debacle and 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>. Listen<https://www.wnyc.org/story/iowa-cautionary-tale-election-meltdown>.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>

“Candidate Privacy”<https://electionlawblog.org/?p=109342>
Posted on February 5, 2020 3:37 pm<https://electionlawblog.org/?p=109342> by Rick Hasen<https://electionlawblog.org/?author=3>

Rebecca Green has posted this draft<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3531189&> on SSRN (forthcoming, Washington Law Review). Here is the abstract:

In the United States, we have long accepted that candidates for public office who have voluntarily stepped into the public eye sacrifice claims to privacy. This refrain is rooted deep within the American enterprise, emanating from the Framers’ concept of the informed citizen as a bedrock of democracy. Voters must have full information about candidates to make their choice at the ballot box. Even as privacy rights for ordinary citizens have expanded, privacy theorists and courts continue to exempt candidates from privacy protections. This Article suggests that two disruptions warrant revisiting the privacy interests of candidates. The first is a changing information architecture brought on by the rise of the internet and digital media that drastically alters how information about candidates is circulated. The second is a shift in who runs for office. As women and minorities—overwhelmingly targets of the worst forms of harassment—increasingly throw their hats in the ring, this Article argues that competing democratic values should challenge previous assumptions about candidate privacy. Far from suggesting easy answers, this Article offers a framework for courts to weigh candidate privacy interests in a more nuanced way, drawing on vetting principles for aspirants for other positions of public trust. While there are good reasons candidates should have far less privacy than ordinary citizens, the reflexive denial of candidate privacy must have its limits if we care about nourishing our evolving democracy.
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Posted in campaigns<https://electionlawblog.org/?cat=59>

Kansas Has a New Bill to Make the Secretary of State a Nonpartisan Elected Position, and Kris Kobach and I Are (Partially) on the Same Side About It<https://electionlawblog.org/?p=109340>
Posted on February 5, 2020 3:32 pm<https://electionlawblog.org/?p=109340> by Rick Hasen<https://electionlawblog.org/?author=3>

KC Star<https://www.kansascity.com/news/politics-government/article240000003.html>:

Kobach condemned the bill Wednesday, saying it’s based on “the illusion that a politician elected in an election without party labels somehow loses all preferences and principles.”

“All it would do is make it less clear what that person stands for. That would, in turn, make it easier to conceal the politician’s intentions from voters. That’s exactly what Kansas Democrat politicians have been doing for years,” Kobach said in a statement….

Rick Hasen, an election law expert at the University of California, Irvine School of Law, has long advocated for non-partisan secretary of state offices. But he said in an email that he’s “not a big fan” of making that happen through non-partisan elections.

“We have those for lots of state judicial elections, as in Wisconsin, and it is clear that many state supreme court judges run as Democrats or Republicans without the formal label,” Hasen said.

His own preference would be for a system where a governor nominates a secretary, who is then confirmed with 75 percent support from the Legislature. The nominee would have to have the support of both parties to get into office.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“Tool to Help Journalists Spot Doctored Images Is Unveiled by Jigsaw”<https://electionlawblog.org/?p=109338>
Posted on February 5, 2020 3:30 pm<https://electionlawblog.org/?p=109338> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2020/02/04/technology/jigsaw-doctored-images-disinformation.html>

A doctored, phony image of President Barack Obama shaking hands with President Hassan Rouhani<https://www.nytimes.com/2020/01/06/us/politics/paul-gosar-obama-iran.html> of Iran. A real photograph of a Muslim girl at a desk doing her homework<https://publiceditor.blogs.nytimes.com/2015/12/14/perfectly-reasonable-question-was-that-photo-real/> with Donald J. Trump looming in the background on television.

It is not always easy to tell the difference between real and fake photographs. But the pressure to get it right has never been more urgent as the amount of false political content online continues to rise.

On Tuesday, Jigsaw, a company that develops cutting-edge tech and is owned by Google’s parent, unveiled a free tool that researchers said could help journalists spot doctored photographs — even ones created with the help of artificial intelligence.

Jigsaw, known as Google Ideas when it was founded, said it was testing the tool, called Assembler, with more than a dozen news and fact-checking organizations around the world. They include Animal Politico<https://www.animalpolitico.com/> in Mexico, Rappler<http://rappler.com/> in the Philippines and Agence France-Presse<https://www.afp.com/en>. It does not plan to offer the tool to the public.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>

RNC Sending Misleading Fundraising Mailers Designed to Look Like Official Census Forms in Northern California<https://electionlawblog.org/?p=109336>
Posted on February 5, 2020 3:28 pm<https://electionlawblog.org/?p=109336> by Rick Hasen<https://electionlawblog.org/?author=3>

SacBee:<https://www.sacbee.com/news/politics-government/capitol-alert/article239951158.html>

Some Northern California voters are receiving documents that resemble U.S. Census forms, but they are in fact fundraising appeals from the Republican National Committee.

The document, printed on heavy paper, is labeled “2020 Congressional District Census,” with the words “DO NOT DESTROY OFFICIAL DOCUMENT” on the envelope.

“You have been selected to represent voters in California’s 6th Congressional District. Enclosed, please find documents registered in your name,” the document reads.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>

“Impeachment Was Supposed to Protect the 2020 Election. Now, It’s Worse Off.”<https://electionlawblog.org/?p=109334>
Posted on February 5, 2020 3:16 pm<https://electionlawblog.org/?p=109334> by Rick Hasen<https://electionlawblog.org/?author=3>

Ned Foley <https://www.politico.com/news/magazine/2020/02/04/think-iowa-was-a-fluke-get-used-to-it-110685> for Politico.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“What the impeachment ordeal can tell us about the 2020 election”<https://electionlawblog.org/?p=109332>
Posted on February 5, 2020 7:27 am<https://electionlawblog.org/?p=109332> by Rick Hasen<https://electionlawblog.org/?author=3>

I have written this oped<https://www.cnn.com/2020/02/05/opinions/trump-impeachment-senate-hasen/index.html> for CNN Opinion. It begins:

The United States Senate is poised to acquit President Donald Trump on what will likely be a near party-line vote after a witness-free impeachment trial in which he will be cleared of charges that his solicitation of foreign interference in the 2020 presidential election and obstruction of the House’s investigation justified his removal from office.

RicBut while the impeachment and trial will soon be behind us, the behavior of Senate and House Republicans have increased the chances of an election meltdown in November.Think about what happened this week with Democrats’ inability to run a successful Iowa caucus system, and conservative activists’ conspiracy theories that immediately arose<https://www.washingtonpost.com/politics/2020/02/03/conservatives-push-false-claims-voter-fraud-twitter-iowans-prepare-caucus/> suggesting, without evidence, an attempt to rig the vote.The impeachment ordeal has three key implications for the integrity of the 2020 elections, each one more troubling than the last.

Lesson 1: The President cannot be counted on to deter foreign interference and may even encourage it again.…

Lesson 2: Republicans in the Senate can be expected to back up Trump lies about 2020 election results.….

Lesson 3: The country is seriously polarized and facts themselves are up for grabs.…
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>

--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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