[EL] ELB News and Commentary 1/13/20

[Daniel Tokaji]

“Wisconsin judge orders up to 209K voter names be deleted”
<https://electionlawblog.org/?p=108940>
Posted on January 13, 2020 12:18 pm <https://electionlawblog.org/?p=108940>
by Dan Tokaji <https://electionlawblog.org/?author=5>

>From AP
<https://www.tmj4.com/news/local-news/wisconsin-judge-orders-up-to-209k-voter-names-be-deleted>,
the latest on the Wisconsin purge <https://electionlawblog.org/?p=108868>:

The state Justice Department asked [Ozaukee County Judge Paul] Malloy to
stay his order of contempt pending an appeal of his ruling, but the judge
denied the request. Malloy held in contempt the six-person commission and
its three members who dissented in the case. But only the three dissenters
will each face the $250 fine every [day] they they don’t comply, not the
other three members. The commission as a whole, however, faces $50 fines
every day the purge doesn’t happen.

More coverage from the Journal Sentinel
<https://www.jsonline.com/story/news/politics/2020/01/13/judge-contempt-court-order-wisconsin-voter-rolls-case/2804070001/>
 and The Hill
<https://thehill.com/homenews/state-watch/478032-wisconsin-judge-fines-state-elections-commission-for-failing-to-remove>
.
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Posted in voter registration <https://electionlawblog.org/?cat=37>
“Prepare to Be Shocked! Trump’s One Weird Trick to Avoid a Campaign
Investigation” <https://electionlawblog.org/?p=108938>
Posted on January 13, 2020 12:01 pm <https://electionlawblog.org/?p=108938>
by Dan Tokaji <https://electionlawblog.org/?author=5>

>From the Center for Public Integrity
<https://publicintegrity.org/politics/trump-fec-campaign-election-quorum-pascrell/>.
Hint: it involves the FEC <https://electionlawblog.org/?p=108763>.
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Posted in campaign finance <https://electionlawblog.org/?cat=10>
“Bridgegate” in SCOTUS <https://electionlawblog.org/?p=108936>
Posted on January 13, 2020 11:57 am <https://electionlawblog.org/?p=108936>
by Dan Tokaji <https://electionlawblog.org/?author=5>

Tomorrow, the U.S. Supreme Court will hear argument in Kelly v. United
States <https://www.scotusblog.com/case-files/cases/kelly-v-united-states/>.
The Hill has this story
<https://thehill.com/regulation/court-battles/477797-supreme-court-to-tackle-corruption-questions-in-bridgegate-case>,
and Amy Howe’s SCOTUSblog preview is here
<https://www.scotusblog.com/2020/01/argument-preview-bridgegate-scandal-comes-to-the-court/>.
At issue in the case are the convictions of an aide to then-Governor Chris
Christie and the Deputy Executive Director of the Port Authority for their
parts in closing two lanes on the George Washington Bridge in September
2013. That created a massive traffic jam in Fort Lee, NJ, allegedly to
punish its mayor for not supporting Christie’s reelection. The central
legal question is whether a public official “defrauds” the government,
under the federal wire fraud and federal program fraud statutes, by lying
about the reason for their action.
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Posted in Uncategorized <https://electionlawblog.org/?cat=1>
Federal Court Orders New York State to Include Names of Inactive Voters at
Polling Places <https://electionlawblog.org/?p=108933>
Posted on January 13, 2020 10:20 am <https://electionlawblog.org/?p=108933>
by Dan Tokaji <https://electionlawblog.org/?author=5>

U.S. District Judge Alison J. Nathan issued the order
<https://lawyerscommittee.org/wp-content/uploads/2020/01/185-Finding-of-Fact-and-Conclusions-of-Law.pdf>
 in *Common Cause N.Y. v. Brehm *on Friday. The Gothamist has this story
<https://gothamist.com/news/federal-judge-orders-names-of-inactive-new-york-voters-to-be-at-poll-sites>,
and Lawyers’ Committee this press release
<https://www.lawyerscommittee.org/new-york-judge-issues-landmark-ruling-affecting-more-than-a-million-new-york-voters-in-advance-of-the-april-2020-primary-election/>
.

The order follows a four-day bench trial in October. From its conclusion:

The Court concludes that New York’s refusal to provide inactive lists at
polling locations violates the Equal Protection Clause. The State is
therefore ordered to provide the names of inactive voters registered to
vote in a particular election district to the poll workers of that election
district. The Court further concludes that the State’s affidavit-ballot
process does not violate the Fourteenth Amendment. And the Court identifies
three discrete voters as to whom the State violated the National Voter
Registration Act.

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Posted in Uncategorized <https://electionlawblog.org/?cat=1>
SCOTUS Denies Cert in SEC Pay-to-Play Case
<https://electionlawblog.org/?p=108931>
Posted on January 13, 2020 10:09 am <https://electionlawblog.org/?p=108931>
by Dan Tokaji <https://electionlawblog.org/?author=5>

Bloomberg
<https://wsauth.bna.com/wsauth/blawauth?target=https%3A%2F%2Fwww.bloomberglaw.com%2Fcitation%2FBNA%25200000016f6752d8e2a77f77f297dc0001%3Fbna_news_filter%3Dsecurities-law&v=0.807.1&stchk=1>
on
today’s order in N.Y. Republican State Comm. v. SEC
<https://www.scotusblog.com/case-files/cases/new-york-republican-state-committee-v-securities-and-exchange-commission/>,
a First Amendment challenge to SEC Rule 2030, which regulates “placement
agents” who solicit government business after making campaign contributions.
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Posted in campaign finance <https://electionlawblog.org/?cat=10>

Daniel P. Tokaji

Associate Dean for Faculty | Ebersold Professor of Constitutional Law

The Ohio State University | Moritz College of Law

55 W. 12th Ave. | Columbus, OH 43210

614.292.6566 | tokaji.1 at osu.edu

>
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