[EL] ELB News and Commentary 2/13/20

[Rick Hasen]

“Voting on Your Phone: New Elections App Ignites Security Debate”<https://electionlawblog.org/?p=109535>
Posted on February 13, 2020 8:57 am<https://electionlawblog.org/?p=109535> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2020/02/13/us/politics/voting-smartphone-app.html>

For more than a decade, it has been an elusive dream for election officials: a smartphone app that would let swaths of voters cast their ballots from their living rooms. It has also been a nightmare for cyberexperts, who argue that no technology is secure enough to trust with the very basis of American democracy.

The debate, long a sideshow at academic conferences and state election offices, is now taking on new urgency. A start-up called Voatz says it has developed an app that would allow users to vote securely from anywhere in the world — the electoral version of a moonshot. Thousands are set to use the app in this year’s elections, a small but growing experiment that could pave the way for a wider acceptance of mobile voting.

But where optimists see a more engaged electorate, critics are warning that the move is dangerously irresponsible. In a new report shared with The New York Times <https://internetpolicy.mit.edu/securityanalysisofvoatz_public/> ahead of its publication on Thursday, researchers at the Massachusetts Institute of Technology say the app is so riddled with security issues that no one should be using it.

In response to the report, the Department of Homeland Security organized a series of briefings in recent weeks for state and local officials who are planning to use Voatz’s technology.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109535&title=%E2%80%9CVoting%20on%20Your%20Phone%3A%20New%20Elections%20App%20Ignites%20Security%20Debate%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Troy Price, Iowa Democratic Party Leader, Resigns Over Caucus Debacle”<https://electionlawblog.org/?p=109533>
Posted on February 13, 2020 8:55 am<https://electionlawblog.org/?p=109533> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT reports.<https://www.nytimes.com/2020/02/12/us/politics/troy-price-resigns-iowa.html>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109533&title=%E2%80%9CTroy%20Price%2C%20Iowa%20Democratic%20Party%20Leader%2C%20Resigns%20Over%20Caucus%20Debacle%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“The Cybersecurity 202: The 2020 Census could be the next big hacking and disinformation target”<https://electionlawblog.org/?p=109531>
Posted on February 13, 2020 8:48 am<https://electionlawblog.org/?p=109531> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo reports.<https://www.washingtonpost.com/news/powerpost/paloma/the-cybersecurity-202/2020/02/13/the-cybersecurity-202-the-2020-census-could-be-the-next-big-hacking-and-disinformation-target/5e4457c288e0fa4a22a4ab73/>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109531&title=%E2%80%9CThe%20Cybersecurity%20202%3A%20The%202020%20Census%20could%20be%20the%20next%20big%20hacking%20and%20disinformation%20target%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Secretary of State Agrees to Settle Voter ID Lawsuits by Entering Into Consent Decree with North Dakota Tribes”<https://electionlawblog.org/?p=109528>
Posted on February 13, 2020 8:36 am<https://electionlawblog.org/?p=109528> by Rick Hasen<https://electionlawblog.org/?author=3>

CLC Release:<https://campaignlegal.org/press-releases/secretary-state-agrees-settle-voter-id-lawsuits-entering-consent-decree-north-dakota>

[Click here to read a joint statement<https://campaignlegal.org/press-releases/secretary-state-and-north-dakota-tribes-agree-settle-voter-id-lawsuit> on the settlement by North Dakota Secretary of State Al Jaeger, Spirit Lake Nation, and Standing Rock Sioux Tribe]

In the wake of the district court’s denial of the State’s motion to dismiss, the Secretary of State has agreed to settle two federal voting rights lawsuits brought by two Native American Tribes and several individual voters over North Dakota’s voter ID law.

The law requires voters to present identification listing their residential street address – a substantial hurdle for many Native Americans living on reservations, because the state has failed to assign residential street addresses to homes on tribal reservations.

In January 2016, eight Native Americans, represented by the Native American Rights Fund (NARF), Tom Dickson and Rich de Bodo filed suit<https://www.narf.org/cases/nd-voter-id/> to block the North Dakota voter ID law, which disenfranchised Native American voters and violated both state and federal constitutions as well as the Voting Rights Act.

On October 30, 2018, NARF, Campaign Legal Center (CLC), Robins Kaplan LLP, and Cohen Milstein Sellers and Toll PLLC filed a separate lawsuit<https://www.narf.org/cases/spirit-lake-tribe-v-jaeger/> on behalf of the Spirit Lake Tribe and six individual plaintiffs to ensure that eligible Native American voters residing on reservations in North Dakota would be able to cast a ballot in the 2018 midterm elections and in all future elections. The Standing Rock Sioux Tribe, with approximately 5,868 residents of voting-age that could be affected by the law, joined the Spirit Lake case in early 2019.

“This fight has been ongoing for over four years, and we are delighted to come to an agreement that protects native voters,” said Matthew Campbell, attorney for the Native American Rights Fund.  “It has always been our goal to ensure that every native person in North Dakota has an equal opportunity to vote, and we have achieved that today. We thank the Spirit Lake Nation, Standing Rock Sioux Tribe, and the individual native voters that stood up for the right to vote.”

“We are pleased with the result of the settlement. It was a breakthrough for the state to recognize its responsibility to ensure that Native Americans have access to the identification needed to exercise their voting rights,” said Paul Smith, vice president at CLC. “In order to have a successful 2020 election, the state must follow through with a robust voter and poll worker education campaign to ensure that proper protocols are followed so people aren’t rejected because of the state’s failed addressing system.”

More<https://publicintegrity.org/politics/voting-settlement/> from Carrie Levine.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109528&title=%E2%80%9CSecretary%20of%20State%20Agrees%20to%20Settle%20Voter%20ID%20Lawsuits%20by%20Entering%20Into%20Consent%20Decree%20with%20North%20Dakota%20Tribes%E2%80%9D>
Posted in The Voting Wars<https://electionlawblog.org/?cat=60>, voter id<https://electionlawblog.org/?cat=9>


“Senate Republicans block plans to make elections more secure from foreign interference”<https://electionlawblog.org/?p=109526>
Posted on February 13, 2020 8:27 am<https://electionlawblog.org/?p=109526> by Rick Hasen<https://electionlawblog.org/?author=3>

The Independent reports.<https://www.yahoo.com/news/senate-republicans-block-plans-elections-174324288.html>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109526&title=%E2%80%9CSenate%20Republicans%20block%20plans%20to%20make%20elections%20more%20secure%20from%20foreign%20interference%E2%80%9D>
Posted in election administration<https://electionlawblog.org/?cat=18>


Just Added to Election Meltdown Book Tour: Mar. 25 Lunch Event at Harvard Ash Center<https://electionlawblog.org/?p=109524>
Posted on February 13, 2020 8:25 am<https://electionlawblog.org/?p=109524> by Rick Hasen<https://electionlawblog.org/?author=3>

Details.<https://ash.harvard.edu/event/book-talk-richard-hasen-author-election-meltdown>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109524&title=Just%20Added%20to%20Election%20Meltdown%20Book%20Tour%3A%20Mar.%2025%20Lunch%20Event%20at%20Harvard%20Ash%20Center>
Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


“Fearing mass confusion, Wisconsin election officials back off on sending two absentee ballots to 81,000 voters”<https://electionlawblog.org/?p=109521>
Posted on February 12, 2020 3:35 pm<https://electionlawblog.org/?p=109521> by Rick Hasen<https://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel:<https://www.jsonline.com/story/news/politics/2020/02/12/wisconsin-backs-off-sending-two-absentee-ballots-81-000-voters/4740574002/>

Wisconsin election officials abruptly canceled plans to send tens of thousands of voters two absentee ballots for the presidential primary, saying their new approach may violate state law but will avoid mass confusion.

The Wisconsin Elections Commission this month caused panic among clerks across the state when it told them a quirk in the law would require them to send two absentee ballots to 81,000 voters<https://www.jsonline.com/story/news/politics/elections/2020/02/11/81-k-wisconsin-absentee-voters-receive-2-ballots-spring-election/4726752002/> — but count only one of them.

All sides agreed the situation was ripe for confusion but some election officials contended they had little choice but to follow state law.

But the commissioners unanimously determined Wednesday they should send two ballots to a small subset of of those voters — several thousand who are overseas or in the military.

[This post has been updated.]
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109521&title=%E2%80%9CFearing%20mass%20confusion%2C%20Wisconsin%20election%20officials%20back%20off%20on%20sending%20two%20absentee%20ballots%20to%2081%2C000%20voters%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Imperfect ERIC Data Leading to Potential Purge of Wisconsin Voters<https://electionlawblog.org/?p=109519>
Posted on February 12, 2020 2:29 pm<https://electionlawblog.org/?p=109519> by Rick Hasen<https://electionlawblog.org/?author=3>

Steve Chamraz <https://www.tmj4.com/news/local-news/voters-flagged-for-deletion-still-live-where-list-says-they-dont> of TMJ4:

ERIC is a service shared by 29 states and the District of Columbia to keep voter registration files up to date by comparing voter data with other public records like vehicle registrations.

In October, the Wisconsin Elections Commission used the ERIC list to contact voters who appeared to have moved.

If a voter had indeed moved, they were asked to re-register.

If they had not, the form gave instructions on how they could confirm their address and keep their current registration active.

It’s a process state election officials, ERIC and conservatives agree is not flawless.

Vebber says it doesn’t need to be.

“It doesn’t require perfect information. The statute says upon receipt of ‘reliable’ information. Certainly I think 95% is reliable,” Vebber said.

Milwaukee elections chief Neil Albrecht disagrees.

“I think something that has a 5 or 10 percent proven error rate should really meet the definition of unreliable data,” Albrecht said.

He supports the position of the state election commission and wants to wait two years before anyone gets deleted, ensuring no one loses the chance to vote in 2020….

We visited four wards in the heart of Milwaukee’s north side, from Capitol to Hampton, and roughly 35th Street to 48th.

It’s an area home to 513 voters conservatives want immediately deleted from the rolls.

Over the course of two days we tried to contact 114 people in this neighborhood and on the list.

We succeeded 43 times.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109519&title=Imperfect%20ERIC%20Data%20Leading%20to%20Potential%20Purge%20of%20Wisconsin%20Voters>
Posted in voter registration<https://electionlawblog.org/?cat=37>


“South Dakota bars IDs and ‘disenfranchises’ tribal citizens”<https://electionlawblog.org/?p=109517>
Posted on February 12, 2020 2:26 pm<https://electionlawblog.org/?p=109517> by Rick Hasen<https://electionlawblog.org/?author=3>

AP:<https://newsmaven.io/indiancountrytoday/news/south-dakota-bars-ids-and-disenfranchises-tribal-citizens-w1AVDYGwqEK-eubn--8qrA>

South Dakota Democrats called foul on Friday after the Republican-dominated House shot down their efforts to allow Native Americans use their tribal IDs to register to vote.

The defeat Thursday evening prompted several Democrats to level accusations of voter suppression. Republicans say their resistance is all about keeping voter registration secure.

“The way our voting system is set up does disenfranchise in particular Native American voters,” said Rep. Ryan Cwach, a Yankton Democrat.

In the 2018 general election, tribal communities reported some of the lowest voter turnout figures in the state. Native Americans make up 9 percent of the state’s total population.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109517&title=%E2%80%9CSouth%20Dakota%20bars%20IDs%20and%20%E2%80%98disenfranchises%E2%80%99%20tribal%20citizens%E2%80%9D>
Posted in The Voting Wars<https://electionlawblog.org/?cat=60>


En Banc 9th Circuit Blinks, Will Allow Arizona to Enforce Its Ban on Absentee “Ballot Harvesting” Pending Appeal to Supreme Court<https://electionlawblog.org/?p=109515>
Posted on February 12, 2020 11:10 am<https://electionlawblog.org/?p=109515> by Rick Hasen<https://electionlawblog.org/?author=3>

Capitol Media Services reports.<https://tucson.com/news/local/court-allows-arizona-ban-on-ballot-harvesting-to-remain-in/article_03b84642-a1df-5dd6-a25a-93509f063269.html>

I had expected<https://electionlawblog.org/?p=109166> the Supreme Court to do the same thing the 9th Circuit has now done to itself.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109515&title=En%20Banc%209th%20Circuit%20Blinks%2C%20Will%20Allow%20Arizona%20to%20Enforce%20Its%20Ban%20on%20Absentee%20%E2%80%9CBallot%20Harvesting%E2%80%9D%20Pending%20Appeal%20to%20Supreme%20Court>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Why Voting Discrimination Haunts America; The 15th Amendment had a major flaw.”<https://electionlawblog.org/?p=109513>
Posted on February 12, 2020 9:47 am<https://electionlawblog.org/?p=109513> by Rick Hasen<https://electionlawblog.org/?author=3>

Jesse Wegman NYT oped<https://www.nytimes.com/2020/02/07/opinion/15th-amendment-voting-anniversary.html?searchResultPosition=1>:

But for all the good it did, the 15th Amendment had a central flaw: Its words were cast in the negative. It told the states what they could not do — “shall not be denied or abridged.” It did not tell people they had an affirmative right to vote.

The decision to omit such a right from the nation’s founding charter represents a “road not taken,” as the historian Eric Foner argues in “The Second Founding,<https://wwnorton.com/books/9780393652574/about-the-book/description>” his gripping and essential new account of the Reconstruction Amendments. “We missed an opportunity to really establish a national standard for voting,” he told me. “And we’re still reaping the consequences of that.”
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109513&title=%E2%80%9CWhy%20Voting%20Discrimination%20Haunts%20America%3B%20The%2015th%20Amendment%20had%20a%20major%20flaw.%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“How Trump Is Running to Snatch Victory From the Jaws of Defeat, Again; Even if he decisively loses the national vote, the Electoral College can put him back in the White House.”<https://electionlawblog.org/?p=109511>
Posted on February 12, 2020 9:45 am<https://electionlawblog.org/?p=109511> by Rick Hasen<https://electionlawblog.org/?author=3>

 Vinod Bakthavachalam and Reed Hundt NYT oped<https://www.nytimes.com/2020/02/12/opinion/electoral-college-2020.html?action=click&module=Well&pgtype=Homepage&section=Contributors>:

The answer is that in this century the Electoral College system strongly encourages candidates of both parties, and particularly any Republican candidate, to ignore the national popular vote. That’s especially true for President Trump: The system rewards him for focusing on a handful of states, located mostly in the Great Lakes region, with policies, promises and programs that may not resonate or even be consistent with the interests of all Americans.

To uncover statistical proof of this incentive, our nonprofit Making Every Vote Count built a model of the upcoming election based on the history of voting in previous elections in the modern era. Our conclusion is that even if the general population prefers the Democratic nominee by much more than was the case in 2016, Mr. Trump has almost a one-third chance of winning the Electoral College while ignoring the national vote but only about a one-fifth chance of winning the national popular vote as a route to winning the Electoral College.

With those odds, any rational strategist would tell Mr. Trump to campaign for victory in the swing states that hold the electors necessary to get to magic 270 number, even if the message, the visits and the focus might turn off voters in the rest of the country. This sort of campaign and this type of presidency might not be best for the economy or society as a whole. But it is the way to win.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109511&title=%E2%80%9CHow%20Trump%20Is%20Running%20to%20Snatch%20Victory%20From%20the%20Jaws%20of%20Defeat%2C%20Again%3B%20Even%20if%20he%20decisively%20loses%20the%20national%20vote%2C%20the%20Electoral%20College%20can%20put%20him%20back%20in%20the%20White%20House.%E2%80%9D>
Posted in electoral college<https://electionlawblog.org/?cat=44>


When Pressed by Rep. Katie Porter, Census Director Says They Will “Study” Issue of Republican Campaign Mailers Misleading Voters Into Thinking They are Official Census Documents<https://electionlawblog.org/?p=109509>
Posted on February 12, 2020 9:31 am<https://electionlawblog.org/?p=109509> by Rick Hasen<https://electionlawblog.org/?author=3>

Hansi Lo Wang<https://twitter.com/hansilowang/status/1227639775550676992>:
[cid:image002.jpg at 01D5E24B.FAA50140]<https://twitter.com/hansilowang>
<https://twitter.com/hansilowang>
Hansi Lo Wang • [2️⃣] [8️⃣]  DAYS<https://twitter.com/hansilowang>
✔@hansilowang<https://twitter.com/hansilowang>

 · Feb 12, 2020<https://twitter.com/hansilowang/status/1227621990988746752>
<https://twitter.com/hansilowang/status/1227621990988746752>

Replying to @hansilowang and 5 others<https://twitter.com/_/status/1227621197271138304>

13. Responding to concerns from Rep. @EleanorNorton<https://twitter.com/EleanorNorton>, a Democrat from DC, over potential cybersecurity attacks, @uscensusbureau<https://twitter.com/uscensusbureau> official Al Fontenot says bureau plans to store #2020Census<https://twitter.com/hashtag/2020Census?src=hash> data in multiple areas, make backups & can recover any data that is lost.
[cid:image002.jpg at 01D5E24B.FAA50140]<https://twitter.com/hansilowang>
<https://twitter.com/hansilowang>
Hansi Lo Wang • [2️⃣] [8️⃣]  DAYS<https://twitter.com/hansilowang>
✔@hansilowang<https://twitter.com/hansilowang>


14. Asked by @RepKatiePorter<https://twitter.com/RepKatiePorter> (D-Calif.) if @uscensusbureau<https://twitter.com/uscensusbureau> director will ask RNC @GOP<https://twitter.com/GOP> to stop putting "2020 census" & "official census" on its mailers, Steven Dillingham says, "We will study this problem." This issue has been popping up since 2019[👇]https://twitter.com/hansilowang/status/1126873116754497538?s=20 …<https://t.co/tEo6GJENrt>
<https://twitter.com/hansilowang/status/1126873116754497538>
Hansi Lo Wang • [2️⃣] [8️⃣]  DAYS<https://twitter.com/hansilowang/status/1126873116754497538>
✔@hansilowang<https://twitter.com/hansilowang/status/1126873116754497538>

NEW: 3 House Democrats ask postmaster general to consider investigating media reports of RNC mailer "soliciting donations & political information under the guise of an official document from the U.S. Census Bureau."

Letter by @RepMaloney, Rep. @LacyClayMO1, Rep. @FrankPallone[👇]<https://twitter.com/hansilowang/status/1126873116754497538>
[View image on Twitter]<https://twitter.com/hansilowang/status/1126873116754497538>

<https://twitter.com/intent/like?tweet_id=1227639775550676992>
43<https://twitter.com/intent/like?tweet_id=1227639775550676992>
9:05 AM - Feb 12, 2020<https://twitter.com/hansilowang/status/1227639775550676992>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/hansilowang/status/1227639775550676992>
25 people are talking about this<https://twitter.com/hansilowang/status/1227639775550676992>

[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109509&title=When%20Pressed%20by%20Rep.%20Katie%20Porter%2C%20Census%20Director%20Says%20They%20Will%20%E2%80%9CStudy%E2%80%9D%20Issue%20of%20Republican%20Campaign%20Mailers%20Misleading%20Voters%20Into%20Thinking%20They%20are%20Official%20Census%20Documents>
Posted in census litigation<https://electionlawblog.org/?cat=125>


--
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/>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200213/cc7f12c9/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200213/cc7f12c9/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 3507 bytes
Desc: image002.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200213/cc7f12c9/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 509 bytes
Desc: image003.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200213/cc7f12c9/attachment-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 536 bytes
Desc: image004.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200213/cc7f12c9/attachment-0002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 467 bytes
Desc: image005.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200213/cc7f12c9/attachment-0003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.png
Type: image/png
Size: 419602 bytes
Desc: image006.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200213/cc7f12c9/attachment-0004.png>