[EL] ELB News and Commentary 2/11/20

Tue Feb 11 07:58:12 PST 2020

“Why Ranked-Choice Voting Is Having a Moment”<https://electionlawblog.org/?p=109493>
Posted on February 11, 2020 7:51 am<https://electionlawblog.org/?p=109493> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT reports.<https://www.nytimes.com/2020/02/10/us/politics/ranked-choice-voting.html>
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Posted in alternative voting systems<https://electionlawblog.org/?cat=63>

“The Cybersecurity 202: Iowa’s app fiasco worries mobile voting advocates”<https://electionlawblog.org/?p=109491>
Posted on February 11, 2020 7:49 am<https://electionlawblog.org/?p=109491> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo reports<https://www.washingtonpost.com/news/powerpost/paloma/the-cybersecurity-202/2020/02/11/the-cybersecurity-202-iowa-s-app-fiasco-worries-mobile-voting-advocates/5e418cbf88e0fa0a47d9d92d/>.
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Posted in election administration<https://electionlawblog.org/?cat=18>, voting technology<https://electionlawblog.org/?cat=40>

“Trump Brings Up Debunked Claim of Democratic Voter Fraud at New Hampshire Rally”<https://electionlawblog.org/?p=109489>
Posted on February 11, 2020 7:47 am<https://electionlawblog.org/?p=109489> by Rick Hasen<https://electionlawblog.org/?author=3>

New York reports.<https://nymag.com/intelligencer/2020/02/trump-brings-up-debunked-voter-fraud-claim-in-new-hampshire.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“After Iowa, Americans Should Get Used to Slow Elections”<https://electionlawblog.org/?p=109487>
Posted on February 11, 2020 7:43 am<https://electionlawblog.org/?p=109487> by Rick Hasen<https://electionlawblog.org/?author=3>

AJ Vicens for Mother Jones:<https://www.motherjones.com/politics/2020/02/slow-elections/>

He points to the 2018 midterm Congressional elections in California as a prime example. In that case, late-arriving absentee ballots flipped<https://www.sfchronicle.com/politics/article/California-s-late-votes-broke-big-for-13432727.php> what preliminary and incomplete counts made look like Republican wins to their Democratic opponents. President Donald Trump implied<https://perma.cc/S7BK-VWFW> that the late returns somehow constituted “voter fraud” and Rep. Paul Ryan (R-Wisc.), then the Republican Speaker of the House, also questioned the results, calling the situation<https://www.washingtonpost.com/politics/2018/11/29/paul-ryan-isnt-saying-there-was-voter-fraud-california/> “bizarre.”

“The suggestion was if it’s taking time, there’s some kind of underhandedness going on,” Hasen says, “when, in fact, good election administration sometimes takes time.”

Hasen says election officials should work to clear up how long it will take to complete counts and get things right to politicians, the press, and the public. A good example of this, he says, was the way that Neal Kelly, the registrar of voters in Orange County, California, told voters after the 2018 midterm primaries that counting the remaining ballots would “take weeks<https://voiceofoc.org/2018/06/one-third-of-oc-ballots-remain-to-be-counted-will-take-weeks/>,” helping to reset expectations in a jurisdiction home to several close and closely watched House elections. Without such proper messaging and widespread understanding, Hasen warns that slow counts could become yet another reason animating Americans’ distrust of elections.

“Delay, in and of itself, in announcing election results is not a problem if people understand what’s going on and people have confidence in the system,” Hasen says. “What Iowa did was convince people not only that it was late, but that the results were not to be trusted.”
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>

“Alive and Well: Voter Suppression and Election Mismanagement in Alabama”<https://electionlawblog.org/?p=109485>
Posted on February 11, 2020 7:39 am<https://electionlawblog.org/?p=109485> by Rick Hasen<https://electionlawblog.org/?author=3>

New report<https://www.splcenter.org/20200210/alive-and-well-voter-suppression-and-election-mismanagement-alabama> from the SPLC.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Nevada Democrats to Use Scannable Ballot for Early Voting, iPad with Google Forms to Check In<https://electionlawblog.org/?p=109483>
Posted on February 11, 2020 7:37 am<https://electionlawblog.org/?p=109483> by Rick Hasen<https://electionlawblog.org/?author=3>

Nevada Independent:<https://thenevadaindependent.com/article/nevada-democrats-to-use-scannable-ballot-for-early-voting-ipad-with-google-forms-for-check-in>

Nevada Democrats will replace their app-based early voting process for the caucus with a scannable paper ballot, the first concrete details to emerge about the new process the party is designing in the wake of Iowa’s problem-plagued contest last week.

Under the new system, early voters will fill out paper ballots that will be scanned at the end of each day, like a Scantron, at designated processing hubs monitored by the state party. Those paper ballots will be linked to voters’ unique secretary of state ID numbers — which will ensure their votes will flow to their home precinct to be counted alongside their neighbors’ on Caucus Day — through use of a check-in form, via Google Forms, as well as a paper back-up voter card.

The Nevada State Democratic Party released the new details to the presidential campaigns Monday evening in a memo, which the party later provided to The Nevada Independent . The party’s executive director Alana Mounce and caucus director Shelby Wiltz also joined calls with individual campaigns to discuss the memo.

Aides to top presidential campaigns in the state had been frustrated for several days<https://thenevadaindependent.com/article/with-five-days-until-early-voting-begins-top-democratic-presidential-campaigns-still-in-the-dark-about-new-caucus-process> over the lack of details from the party on what the new caucus process would look like after the party scrapped its plans<https://thenevadaindependent.com/article/nevada-democrats-say-different-app-vendor-to-be-used-in-caucus-than-the-one-that-plagued-iowas-contest> to rely on two apps<https://thenevadaindependent.com/article/nevada-democrats-release-details-of-app-based-early-voting-caucusing-ahead-of-first-in-the-west-contest> a week ago. The apps had been developed by the political technology company, Shadow Inc., which was responsible for designing the app that contributed to the Iowa debacle.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“Trump’s latest rally stunts are designed to get you to surrender”<https://electionlawblog.org/?p=109481>
Posted on February 11, 2020 7:26 am<https://electionlawblog.org/?p=109481> by Rick Hasen<https://electionlawblog.org/?author=3>

Really smart column<https://www.washingtonpost.com/opinions/2020/02/11/trumps-latest-rally-stunts-are-designed-get-you-surrender/> from Greg Sargent.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Illinois: “Voter registration error risks deportation for immigrants”<https://electionlawblog.org/?p=109479>
Posted on February 10, 2020 3:18 pm<https://electionlawblog.org/?p=109479> by Rick Hasen<https://electionlawblog.org/?author=3>

AP:<https://www.pbs.org/newshour/nation/voter-registration-error-risks-deportation-for-immigrants>

The day Margarita Del Pilar Fitzpatrick applied for an Illinois driver’s license upended her life. When a clerk offered to register her to vote in 2005, the Peruvian citizen mistakenly accepted, leading to long legal battles and eventually deportation.

A decade and a half later, she struggles to find work at 52, is nearly homeless and hasn’t seen two of her three American citizen daughters in years because of a secretary of state’s office mishap.

“It has derailed our lives,” she said in a phone interview from Lima. “Immigrants should not be put in this situation.”

A handful of other immigrants could face a similar fate, or criminal charges, after a mistake in Illinois’ automatic voter registration system allowed of hundreds of people who identified themselves as non-U.S. citizens to register. Sixteen cast ballots.

The fiasco in a state with a reputation for election shenanigans triggered a partisan battle, infuriated voter advocacy groups and left immigrant rights activists doing damage control.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“Even Before Iowa, Caucuses Were on Their Way Out”<https://electionlawblog.org/?p=109477>
Posted on February 10, 2020 11:32 am<https://electionlawblog.org/?p=109477> by Rick Hasen<https://electionlawblog.org/?author=3>

Stateline reports<https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2020/02/10/even-before-iowa-caucuses-were-on-their-way-out>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Los Angeles County’s Seismic Voting Shift: California unveils some of the biggest election changes in its history on Super Tuesday. After the Iowa debacle, will voters in the country’s largest voting jurisdiction pay enough attention to the new way they must vote?”<https://electionlawblog.org/?p=109475>
Posted on February 10, 2020 11:11 am<https://electionlawblog.org/?p=109475> by Rick Hasen<https://electionlawblog.org/?author=3>

Gabrielle Gurley for TAP.<https://prospect.org/politics/los-angeles-county-seismic-voting-shift/>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Michigan: “Elections head: Issue absentee ballots within 24 hours; demand rises 63%”<https://electionlawblog.org/?p=109473>
Posted on February 10, 2020 11:07 am<https://electionlawblog.org/?p=109473> by Rick Hasen<https://electionlawblog.org/?author=3>

Detroit News<https://www.detroitnews.com/story/news/politics/2020/02/10/elections-director-issue-absentee-ballots-24-hours-demand-rises-63-percent/4693018002/>:

Michigan clerks should have been ready to mail absentee ballots to voters on Jan. 30, the state’s elections director indicated in an email to clerks on Thursday, a day after The Detroit News reported concerns about delays in sending ballots.

Jonathan Brater, the elections director under Secretary of State Jocelyn Benson, said in his message that by the 40th day before an election — Jan. 30 before the state’s March 10 presidential primary — absentee ballots “need to be available for issuance.”

“For voters who have requested an AV (absent voter) ballot by mail, this means mailing ballots on day 40,” Brater wrote.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, election administration<https://electionlawblog.org/?cat=18>

“Should We Be Concerned About Election Security in the U.S.?”<https://electionlawblog.org/?p=109471>
Posted on February 10, 2020 11:05 am<https://electionlawblog.org/?p=109471> by Rick Hasen<https://electionlawblog.org/?author=3>

I was on WNYC’s The Takeaway talking about Iowa and 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.wnycstudios.org/podcasts/takeaway/segments/should-we-be-concerned-about-election-security-us>.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>

“Most of the Wisconsinites targeted for removal from voter rolls cast ballots in 2016”<https://electionlawblog.org/?p=109469>
Posted on February 10, 2020 8:14 am<https://electionlawblog.org/?p=109469> by Rick Hasen<https://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel<https://t.co/dRYYgRVMux>:

Many of the 232,000 Wisconsinites at the heart of a lawsuit over who should be on the state’s voting rolls are reliable voters, with nearly three-quarters of them casting ballots in the 2016 presidential election.

The frequency with which they vote shows why Democrats and Republicans alike are scrambling to find their supporters and get them to update their voter registrations. With Wisconsin a top target in this year’s presidential election, they want to ensure they get their backers to the polls in November.

The Wisconsin Elections Commission in October identified 232,576 registered voters who it believes may have moved. Conservatives have filed a lawsuit to try to force those voters off the rolls.

A Milwaukee Journal Sentinel analysis of data from the commission shows the voters in question are ones who often show up at the polls:
·         72% of them voted in the 2016 presidential election.
·         89% of them have voted in at least one election since 2006.
·         31% voted in all three presidential elections since 2008, 52% voted in at least two of them and 78% voted in at least one of them.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Benjamin Netanyahu’s election app potentially exposed data for every Israeli voter”<https://electionlawblog.org/?p=109467>
Posted on February 10, 2020 7:23 am<https://electionlawblog.org/?p=109467> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/world/middle_east/benjamin-netanyahus-election-app-potentially-exposed-data-for-every-israeli-voter/2020/02/10/98f606c0-4bfe-11ea-967b-e074d302c7d4_story.html>:

An election app in use by Israeli Prime Minister Benjamin Netanyahu’s political party potentially exposed sensitive personal information for the country’s entire national voting registration of about 6.5 million citizens, according to Israeli media reports.

The cellphone-based program, identified as the Elector app, is meant to manage the Likud party’s voter outreach and tracking for the country’s March 2 election, according to the Haaretz newspaper. But an independent programmer reportedly spotted a breach over the weekend that potentially exposed the names, addresses, ID numbers and other private data for every registered voter in the country.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Florida man arrested after van driven through GOP voter registration tent; The Republican Party of Duval County said the driver ‘intentionally targeted’ volunteers who were registering voters.”<https://electionlawblog.org/?p=109465>
Posted on February 10, 2020 6:50 am<https://electionlawblog.org/?p=109465> by Rick Hasen<https://electionlawblog.org/?author=3>

Despicable<https://www.nbcnews.com/politics/politics-news/floirda-man-arrested-after-driving-van-through-gop-voter-registration-n1133261>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109465&title=%E2%80%9CFlorida%20man%20arrested%20after%20van%20driven%20through%20GOP%20voter%20registration%20tent%3B%20The%20Republican%20Party%20of%20Duval%20County%20said%20the%20driver%20%E2%80%98intentionally%20targeted%E2%80%99%20volunteers%20who%20were%20registering%20voters.%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<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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