[EL] ELB News and Commentary 1/7/20

Tue Jan 7 15:14:58 PST 2020

"The 2020 election will be the country's biggest cybersecurity test ever"<https://electionlawblog.org/?p=108819>
Posted on January 7, 2020 3:06 pm<https://electionlawblog.org/?p=108819> by Justin Levitt<https://electionlawblog.org/?author=4>

Election issues<https://www.washingtonpost.com/news/powerpost/paloma/the-cybersecurity-202/2020/01/07/the-cybersecurity-202-the-2020-election-will-be-the-country-s-biggest-cybersecurity-test-ever/5e136548602ff125ce5bcbc2/> lead the WaPo's "Cybersecurity 202" daily roundup today.
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Posted in voting technology<https://electionlawblog.org/?cat=40>

"Facebook Bans Deepfakes but Permits Some Altered Content"<https://electionlawblog.org/?p=108817>
Posted on January 7, 2020 3:06 pm<https://electionlawblog.org/?p=108817> by Justin Levitt<https://electionlawblog.org/?author=4>

In the WSJ<https://www.wsj.com/articles/facebooks-deepfake-video-ban-permits-some-altered-content-11578384519>:

Facebook said it would remove or label misleading videos that had been edited or manipulated in ways that would not be apparent to the average person. That would include removing videos in which artificial intelligence tools are used to change statements made by the subject of the video or replacing or superimposing content.

* * *

It said its policy banning deepfakes "does not extend to content that is parody or satire, or video that has been edited solely to omit or change the order of words." That could put the company in the position of having to decide which videos are satirical, which aren't and where to draw the line on what doctored content will be taken down.

* * *

The Facebook ban wouldn't have applied to an altered video of House Speaker Nancy Pelosi. That video of a speech by Mrs. Pelosi-widely shared on social media last year-was slowed down and altered in tone, making her appear to slur her words. Facebook said the video didn't qualify as a deepfake because it used regular editing, though the company still limited its distribution because of the manipulation.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, Election Meltdown<https://electionlawblog.org/?cat=127>, social media and social protests<https://electionlawblog.org/?cat=58>

Facebook exec's internal memo on 2016 election<https://electionlawblog.org/?p=108815>
Posted on January 7, 2020 3:05 pm<https://electionlawblog.org/?p=108815> by Justin Levitt<https://electionlawblog.org/?author=4>

The NYT has published an internal memo<https://www.nytimes.com/2020/01/07/technology/facebook-andrew-bosworth-memo.html> written by the Facebook exec overseeing advertising during 2016.  The memo touches on Russian ad spending, misinformation, Cambridge Analytica, and more.

I have yet to see a headline on stories reporting the memo that doesn't breathlessly imply a Facebook attempt to help or defeat Trump, out of context.  Read the memo for yourself<https://www.nytimes.com/2020/01/07/technology/facebook-andrew-bosworth-memo.html>.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>, social media and social protests<https://electionlawblog.org/?cat=58>

"Did Britain meddle in a US presidential election?"<https://electionlawblog.org/?p=108813>
Posted on January 7, 2020 3:05 pm<https://electionlawblog.org/?p=108813> by Justin Levitt<https://electionlawblog.org/?author=4>

The BBC reports on an intriguing episode<https://www.bbc.com/news/world-us-canada-50752217> from the 1992 race.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

"Kim Reynolds promises to review backlog of felon voting rights applications by the Iowa caucuses"<https://electionlawblog.org/?p=108811>
Posted on January 7, 2020 3:04 pm<https://electionlawblog.org/?p=108811> by Justin Levitt<https://electionlawblog.org/?author=4>

The latest on the restoration of voting rights<https://www.desmoinesregister.com/story/news/elections/presidential/caucus/2020/01/07/kim-reynolds-iowa-felon-voting-rights-restoration-applications-backlog/2834092001/> in Iowa.
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Posted in political equality<https://electionlawblog.org/?cat=69>, primaries<https://electionlawblog.org/?cat=32>

"National Democrats jump into new lawsuit over Texas voter registration requirements"<https://electionlawblog.org/?p=108809>
Posted on January 7, 2020 3:04 pm<https://electionlawblog.org/?p=108809> by Justin Levitt<https://electionlawblog.org/?author=4>

The latest from the Marc Elias litigation machine is a challenge in Texas to the rejection of voter registration forms with digital pictures of signatures<https://www.texastribune.org/2020/01/06/texas-and-national-democrats-suing-state-over-voter-registration/>.

The complaint<https://static.texastribune.org/media/files/8fa3d74da7f41749eec7997e29c12be1/Voter%20registration%20signature%20complaint.pdf?_ga=2.35503458.2114794775.1578350224-1182346540.1578350224> notes that, among other things, when voters register to vote along with getting a driver's license, they sign devices that store the signature in electronic form and transmit digital images of the signature to election officials.
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Posted in NVRA (motor voter)<https://electionlawblog.org/?cat=33>, The Voting Wars<https://electionlawblog.org/?cat=60>, voter registration<https://electionlawblog.org/?cat=37>

"Groups settle suit with Arizona over voter address updates"<https://electionlawblog.org/?p=108807>
Posted on January 7, 2020 3:03 pm<https://electionlawblog.org/?p=108807> by Justin Levitt<https://electionlawblog.org/?author=4>

In Arizona, litigants settled an NVRA compliance case<https://www.sfchronicle.com/news/article/Groups-settle-suit-with-Arizona-over-voter-14954011.php> over alleged failures in the process of updating voter registration addresses when people change their address during motor-vehicle transactions.  The settlement itself is here<https://electionlawblog.org/wp-content/uploads/AZ-NVRA-settlement.pdf>.
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Posted in NVRA (motor voter)<https://electionlawblog.org/?cat=33>, voter registration<https://electionlawblog.org/?cat=37>

"Voting rights, representation and the future of democracy in the nation's fruit basket"<https://electionlawblog.org/?p=108805>
Posted on January 7, 2020 3:03 pm<https://electionlawblog.org/?p=108805> by Justin Levitt<https://electionlawblog.org/?author=4>

Nikkita Oliver on the aftermath of the VRA case<https://crosscut.com/2020/01/voting-rights-representation-and-future-democracy-nations-fruit-basket> in Yakima, Washington.

And a similar story, also today, from Pasco<https://www.tri-cityherald.com/news/local/article239030473.html>, 90 miles down the road.
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Posted in Voting Rights Act<https://electionlawblog.org/?cat=15>

"Nevada group to seek signatures for redistricting initiative"<https://electionlawblog.org/?p=108803>
Posted on January 7, 2020 3:02 pm<https://electionlawblog.org/?p=108803> by Justin Levitt<https://electionlawblog.org/?author=4>

The initiative to institute a commission in Nevada was amended and refiled to address a trial judge's concerns<https://lasvegassun.com/news/2020/jan/07/group-plans-to-re-file-nevada-voter-redistricting/> about the ballot description.
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Posted in direct democracy<https://electionlawblog.org/?cat=62>, redistricting<https://electionlawblog.org/?cat=6>

"How Trump's Trade War Is Making Lobbyists Rich and Slamming Small Businesses"<https://electionlawblog.org/?p=108801>
Posted on January 7, 2020 3:02 pm<https://electionlawblog.org/?p=108801> by Justin Levitt<https://electionlawblog.org/?author=4>

ProPublica on the draining of the swamp<https://www.propublica.org/article/how-trump-trade-war-is-making-lobbyists-rich-and-slamming-small-businesses>.
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Posted in lobbying<https://electionlawblog.org/?cat=28>

"Durkan Supports Capping Super PAC Donations and Blocking Amazon from City Elections"<https://electionlawblog.org/?p=108799>
Posted on January 7, 2020 3:01 pm<https://electionlawblog.org/?p=108799> by Justin Levitt<https://electionlawblog.org/?author=4>

In the wake of substantial spending by Amazon (and others) in 2019 city council elections, Seattle contemplates a Clean Campaigns Act<https://www.thestranger.com/slog/2020/01/06/42484438/durkan-supports-capping-super-pac-donations-and-blocking-amazon-from-city-elections> purporting to limit contributions to Super PACs, and to limit spending from corporations with more than 1% ownership from a single foreign national or 5% ownership from multiple foreign nationals.

They know there are substantial legal questions (including in the Ninth Circuit) - there's a good article from The Stranger on some of the legal backdrop<https://www.thestranger.com/slog/2019/12/17/42310945/super-pac-spending-is-exploding-in-seattle-will-a-proposal-to-contain-it-hold-up-in-court>.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, election law and constitutional law<https://electionlawblog.org/?cat=55>

What to do with campaign funds after retiring or passing away<https://electionlawblog.org/?p=108797>
Posted on January 7, 2020 3:01 pm<https://electionlawblog.org/?p=108797> by Justin Levitt<https://electionlawblog.org/?author=4>

Two stories today about campaign funds active longer than their campaigners.

One focuses on FEC requests for explanation<https://floridapolitics.com/archives/314922-fec-stays-on-cliff-stearns-other-zombie-campaigns-despite-d-c-dysfunction> from retired officeholders still spending from campaign accounts.  The other describes the plans that Rep. Cummings had<https://www.baltimoresun.com/politics/bs-md-cummings-campaign-money-20191230-xxzrkmtny5cdpa2igo6mqwmpve-story.html> for his unspent campaign money before he passed away.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>, federal election commission<https://electionlawblog.org/?cat=24>

"Democratic Candidates Together Doubled Trump's 2020 Fundraising Numbers"<https://electionlawblog.org/?p=108795>
Posted on January 7, 2020 3:01 pm<https://electionlawblog.org/?p=108795> by Justin Levitt<https://electionlawblog.org/?author=4>

A HuffPost piece<https://www.huffpost.com/entry/donald-trump-2020-fundraising_n_5e13acc2e4b0843d361752af> on the other side of the odd horserace money count I mentioned last week<https://electionlawblog.org/?p=108681>:

Allies of President Donald Trump gloated last week at the news that his campaign outraised each of the Democratic presidential candidates. But when taken together, Democrats are outraising the president to an unprecedented degree.

The top nine remaining candidates for the Democratic presidential nomination combined to raise nearly $400 million in 2019. Trump raised $144 million over the same period. (He raised an additional $67 million in the preceding two years.) There is no recent precedent for the leading presidential candidates of an out-of-power party doubling the fundraising total of the incumbent.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

"The Real Power of Bloomberg's Money"<https://electionlawblog.org/?p=108793>
Posted on January 7, 2020 3:00 pm<https://electionlawblog.org/?p=108793> by Justin Levitt<https://electionlawblog.org/?author=4>

A piece in the Atlantic<https://www.theatlantic.com/politics/archive/2020/01/bloombergs-bankrolling-wasnt-just-about-campaigns/604390/> on the governance options available to billionaires:

When people think about the political relevance of Michael Bloomberg's money, they tend to think about how his massive spending helps his campaigns: the record $261 million he spent on his three successful mayoral runs, the billions he could end up spending on his quest for the presidency. What people often miss is that Bloomberg actually spent more of his own money boosting his policy efforts in city hall than he did to get there.

Part of Bloomberg's presidential sales pitch is that his personal wealth-he's worth an estimated $56 billion-makes him incorruptible. Not only is he unbribeable; being rich enough to never take political contributions, he can assume office unbeholden to donors. But Bloomberg is so rich that he shifts the direction of potential influence: Donors may not be able to buy influence, but he can use his wealth to push things in the directions he wants.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, lobbying<https://electionlawblog.org/?cat=28>, political equality<https://electionlawblog.org/?cat=69>

"The Other Swing Voter"<https://electionlawblog.org/?p=108791>
Posted on January 7, 2020 2:59 pm<https://electionlawblog.org/?p=108791> by Justin Levitt<https://electionlawblog.org/?author=4>

Ibram Kendi with a thoughtful piece<https://www.theatlantic.com/ideas/archive/2020/01/other-swing-voter/604474/> on the terminology of "swing voters": some "swing" from candidate to candidate or party to party, and some swing between voting and not voting.
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Posted in campaigns<https://electionlawblog.org/?cat=59>

"Thirteen Democrats qualify for Washington presidential primary, Trump sole choice for Republicans"<https://electionlawblog.org/?p=108789>
Posted on January 7, 2020 2:58 pm<https://electionlawblog.org/?p=108789> by Justin Levitt<https://electionlawblog.org/?author=4>

The Seattle Times reviews<https://www.seattletimes.com/seattle-news/politics/thirteen-democrats-qualify-for-washington-presidential-primary-trump-sole-choice-for-republicans/> who's on and who's off the Washington State primary ballot.  And while the story focuses on the candidates on the ballot who may not still be actively contending by the time March 10 rolls around, the list of candidates who claim to be actively contending but aren't on the ballot is also revealing.
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Posted in ballot access<https://electionlawblog.org/?cat=46>

"Ensuring That People Can Easily Understand the Ballot Measures They're Voting On"<https://electionlawblog.org/?p=108787>
Posted on January 7, 2020 2:58 pm<https://electionlawblog.org/?p=108787> by Justin Levitt<https://electionlawblog.org/?author=4>

The lede in Route Fifty<https://www.routefifty.com/management/2020/01/ballot-measures-plain-language-maryland-legislation/162259/>:

Legislation introduced by a Maryland lawmaker would set new standards for describing ballot measures in the state, with the aim of ensuring that people can clearly understand the proposals they're casting votes on.
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Posted in direct democracy<https://electionlawblog.org/?cat=62>

"Ranked-Choice Voting Could 'Change the Rules' of Electoral Politics in Mass."<https://electionlawblog.org/?p=108785>
Posted on January 7, 2020 2:57 pm<https://electionlawblog.org/?p=108785> by Justin Levitt<https://electionlawblog.org/?author=4>

WBUR with an explainer<https://www.wbur.org/news/2020/01/07/massachusetts-weighs-instant-runoff-vs-plurality-electoral-system> on the ranked choice initiative likely to make it to the ballot if the legislature doesn't adopt something first.
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Posted in alternative voting systems<https://electionlawblog.org/?cat=63>, direct democracy<https://electionlawblog.org/?cat=62>

Census hearing on hard-to-count communities at same time as voting systems security hearing<https://electionlawblog.org/?p=108783>
Posted on January 7, 2020 2:57 pm<https://electionlawblog.org/?p=108783> by Justin Levitt<https://electionlawblog.org/?author=4>

At the same time as the Thursday hearing on voting system security<https://cha.house.gov/committee-activity/hearings/2020-election-security-perspectives-voting-system-vendors-and-experts> that I'd mentioned<https://electionlawblog.org/?p=108767>, House Oversight will be holding a hearing on "Reaching Hard-to-Count Communities in the 2020 Census<https://oversight.house.gov/legislation/hearings/reaching-hard-to-count-communities-in-the-2020-census>."  The witness list is still TBD, as far as I know.

While I'm at it, there's a magnificent map of hard-to-count communities here<https://www.censushardtocountmaps2020.us/>, laying out the Census Bureau's contact strategies in each location.  The Census Bureau also has an interactive map for hard-to-count communities<https://www.census.gov/roam> with a lot of demographic and socioeconomic information here; California's complete count committee has distilled the info in California to show the top-three reasons why any particular census block makes it harder to count<https://cacensus2020.maps.arcgis.com/apps/webappviewer/index.html?id=48be59de0ba94a3dacff1c9116df8b37>.
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Posted in political equality<https://electionlawblog.org/?cat=69>, redistricting<https://electionlawblog.org/?cat=6>

"Census Bureau Ramps Up Hiring Efforts for 2020 Census"<https://electionlawblog.org/?p=108781>
Posted on January 7, 2020 2:56 pm<https://electionlawblog.org/?p=108781> by Justin Levitt<https://electionlawblog.org/?author=4>

The Census Bureau has reached most of its hiring goals in Puerto Rico.  And almost everywhere else is still looking for help<https://www.census.gov/newsroom/press-releases/2020/2020-recruitment.html>.  They've even got a map to show you where<https://public.tableau.com/profile/us.census.bureau#!/vizhome/RecruitingGoalsCensus2020/PercentofPeakOpsRecruitingGoal> (and how much they're paying).
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

"Florida becomes one of last states to form Census committee"<https://electionlawblog.org/?p=108779>
Posted on January 7, 2020 2:56 pm<https://electionlawblog.org/?p=108779> by Justin Levitt<https://electionlawblog.org/?author=4>

The AP reports<https://apnews.com/5b18252f343bf040d5dc4e96269fc8ba> on Florida's ... exceedingly recent efforts to raise census awareness.  In this context, I'm not sure whether "it's never too late" is quite accurate.
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Posted in redistricting<https://electionlawblog.org/?cat=6>

"EAC 2020 Elections Summit"<https://electionlawblog.org/?p=108777>
Posted on January 7, 2020 2:55 pm<https://electionlawblog.org/?p=108777> by Justin Levitt<https://electionlawblog.org/?author=4>

Next Tuesday, Jan. 14th, the EAC will host an summit<https://web.cvent.com/event/5c960ea1-d065-4d8b-aeab-5c425801a6cb/summary> with officials, experts, and advocates discussing the administration of the 2020 elections<https://custom.cvent.com/000D10CFCB314872835E6E096BE8DD90/files/event/5c960ea1d0654d8baeab5c425801a6cb/7ff9543831e5414f8867093bd317c4ff.pdf> - and it'll be livestreamed<https://web.cvent.com/event/5c960ea1-d065-4d8b-aeab-5c425801a6cb/summary> for those who can't make it in person.
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Posted in election administration<https://electionlawblog.org/?cat=18>, Election Assistance Commission<https://electionlawblog.org/?cat=34>

Good night, and good luck<https://electionlawblog.org/?p=108821>
Posted on January 7, 2020 3:11 pm<https://electionlawblog.org/?p=108821> by Justin Levitt<https://electionlawblog.org/?author=4>

And now, I give you the inimitable Dan Tokaji<https://moritzlaw.osu.edu/faculty/daniel-p-tokaji/>, a national treasure. He's at the helm for the next week.

I can't leave without thanking Rick, again, for keeping this forum so vigorously alive. It's like drinking from a fire hose even over the holidays, when people really should have better things to do with their time. And every time I help for a short stretch, I'm reminded how staggering it is that he manages to do this day in and day out.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Justin Levitt   (he/him/his)
Associate Dean for Research
Professor of Law / Gerald T. McLaughlin Fellow

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