[EL] ELB News and Commentary 2/16/20

Sun Feb 16 11:06:11 PST 2020

Election Meltdown Podcast Bonus Episode 4: Interview with Dale Ho about Fish v. Kobach Trial<https://electionlawblog.org/?p=109587>
Posted on February 16, 2020 11:02 am<https://electionlawblog.org/?p=109587> by Rick Hasen<https://electionlawblog.org/?author=3>

Here it is <https://slate.com/podcasts/amicus/2020/02/fish-v-kobach-state-of-voting-rights> for Slate plus members (free two week trial): My conversation with Dale Ho on his case against Kris Kobach who had a “show me your papers” Kansas law for voter registration
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>

“Facebook Says Political Candidates Can Use Sponsored Memes”<https://electionlawblog.org/?p=109585>
Posted on February 16, 2020 10:55 am<https://electionlawblog.org/?p=109585> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2020/02/14/style/facebook-political-memes.html>

Facebook announced on Friday that it would allow political campaigns and candidates to pay creators for sponsored content on Instagram and Facebook, so long as the posts follow the company’s disclosure guidelines.

Each piece of sponsored political content must use Facebook’s branded content tool, which states at the top of the post that the creator was paid for it and by whom.

The announcement followed the news that Michael Bloomberg’s campaign had contracted a group of meme creators<https://www.nytimes.com/2020/02/13/style/michael-bloomberg-memes-jerry-media.html> to post advertisements for his candidacy. After those posts appeared on Instagram, which is owned by Facebook, several campaign representatives reached out to Facebook to clarify its stance on how politicians could work with influencers to increase their reach.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“‘Something has to be done’: Trump’s quest to rewrite history of the Russia probe”<https://electionlawblog.org/?p=109583>
Posted on February 16, 2020 10:48 am<https://electionlawblog.org/?p=109583> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/politics/something-has-to-be-done-trumps-quest-to-rewrite-history-of-the-russia-probe/2020/02/15/ea7a1b06-4f61-11ea-9b5c-eac5b16dafaa_story.html>

The U.S. intelligence community long ago produced evidence of Russia’s illegal interference in the 2016 presidential election to try to boost Donald Trump’s candidacy. Then the special counsel investigating the matter detailed myriad ways President Trump sought to stymie the probe. And then Robert S. Mueller III testified to Congress about Trump’s conduct — and warned of Russia’s continued interest in thwarting U.S. elections.

But it is Trump who is trying to have the last word.

Seven months after Mueller’s marathon testimony brought finality to the Russia investigation, Trump is actively seeking to rewrite the narrative that had been meticulously documented by federal law enforcement and intelligence officials, both for immediate political gain and for history.
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Posted in chicanery<https://electionlawblog.org/?cat=12>

“Trump Is Already Making Stuff Up About Voter Fraud”<https://electionlawblog.org/?p=109581>
Posted on February 16, 2020 10:35 am<https://electionlawblog.org/?p=109581> by Rick Hasen<https://electionlawblog.org/?author=3>

Frank Wilkinson<https://www.bloomberg.com/opinion/articles/2020-02-16/trump-is-already-making-stuff-up-about-voter-fraud?sref=MsfQQ8WD> for Bloomberg View:

While candidates jostle for advantage in the Democratic presidential primary, and the news media play the odds, President Donald Trump already knows the identity of his opponent. Indeed, his campaign, with the full support of the Republican Party, is already waging a vigorous crusade to destroy his opposition. No, it’s not Joe Biden, who inspired Trump’s shakedown of Ukraine. Trump’s gunning for bigger game: democracy itself.

The Democratic Party is not prepared for this war. The news media is still struggling, and often failing, to adapt to demagogy. And the electorate, at least the non-MAGA majority invested in preserving rule of law, has limited tools for fighting back. As election law expert Richard Hasen notes in “Election Meltdown<https://yalebooks.yale.edu/book/9780300248197/election-meltdown>,” his alarming new book about the threats to U.S. elections, mitigating risk is “especially challenging when one of the greatest risks to the integrity of the process comes from the sitting president of the United States.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“The Equality That Wasn’t Enough; The most radical Radical Republicans had a better idea of how to cast the 15th Amendment. We should have listened to them.”<https://electionlawblog.org/?p=109579>
Posted on February 16, 2020 10:29 am<https://electionlawblog.org/?p=109579> by Rick Hasen<https://electionlawblog.org/?author=3>

Jamelle Bouie column<https://www.nytimes.com/2020/02/15/opinion/sunday/15th-amendment.html?action=click&module=Opinion&pgtype=Homepage> for the NYT.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Millions spent to safeguard Ohio elections; State and local leaders say voting systems are safe from hackers”<https://electionlawblog.org/?p=109577>
Posted on February 16, 2020 10:27 am<https://electionlawblog.org/?p=109577> by Rick Hasen<https://electionlawblog.org/?author=3>

Dayton Daily News.<https://epaper.daytondailynews.com/popovers/dynamic_article_popover.aspx?guid=424b4dad-ba69-4764-a4e9-04a25e243b23&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 election administration<https://electionlawblog.org/?cat=18>

“Judge Set to OK Bulk of San Francisco Political Ad Disclosure Rules”<https://electionlawblog.org/?p=109575>
Posted on February 15, 2020 8:28 pm<https://electionlawblog.org/?p=109575> by Rick Hasen<https://electionlawblog.org/?author=3>

Courthouse News Service reports<https://www.courthousenews.com/judge-set-to-ok-bulk-of-san-francisco-political-ad-disclosure-rules/>.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

“Election Meltdown, Part 4. Rhetoric and reality: When is it OK to say an election was ‘stolen’?”<https://electionlawblog.org/?p=109572>
Posted on February 15, 2020 9:44 am<https://electionlawblog.org/?p=109572> by Rick Hasen<https://electionlawblog.org/?author=3>

You can listen to the fourth episode of the Election Meltdown podcast (in conjunction with Dahlia Lithwick and Slate Amicus) at this link<https://slate.com/podcasts/amicus/2020/02/election-meltdown-harsh-words>. (Episode 1 on voter suppression/voter fraud is here<https://megaphone.link/SLT6839728202>, Episode 2 on election administrator incompetence is here<https://slate.com/podcasts/amicus/2020/02/administrative-incompetence-undermines-elections>, and Episode 3 on campaign dirty tricks is here.<https://slate.com/podcasts/amicus/2020/02/dirty-tricks-to-disenfranchise-voters>) In this episode, Dahlia Lithwick and I speak with Professor Carol Anderson about the rhetoric surrounding elections, from Donald Trump’s call to his supporters to “watch” to make sure the election is not “stolen,” to Georgia gubernatorial candidate Stacey Abrams unwilling to say that her opponent Brian Kemp was the “legitimate” governor of Georgia after Kemp engaged in suppressive activities.

Tomorrow Slate Plus listeners will get to hear my interview with the ACLU’s Dale Ho about his voting rights trial against Kris Kobach in Kansas.

The finale of the Election Meltdown series will be a live show in DC on Feb. 19, with Danielle Citron, Andrew Gillum, Dale Ho, Dahlia Lithwick and me. (Tickets here<https://www.eventbrite.com/e/amicus-live-with-dahlia-lithwick-tickets-88707894701?aff=HEADLINER>.) The audio of the show will be released in next week’s podcast episode.

Episode Notes

In the fourth part of this special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen and Professor Carol Anderson, Charles Howard Candler Professor of African American Studies at Emory University and author of One Person, No Vote: How Voter Suppression is Destroying Our Democracy.<http://www.amazon.com/dp/1635571391/?tag=slatmaga-20>Together, they try to sort through the rhetoric and the reality of “stolen” elections.

Rick Hasen’s new book Election Meltdown<http://www.amazon.com/dp/0300248199/?tag=slatmaga-20> forms the basis for this special series of Amicus.

Join Slate for the Election Meltdown live show<https://slate.com/live/amicus-live-w-dahlia-lithwick-andrew-gillum-and-more.html> on Feb. 19 in Washington.

Podcast production by Sara Burningham.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, Election Meltdown<https://electionlawblog.org/?cat=127>

--
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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