[EL] ELB News and Commentary 1/16/20

Rick Hasen rhasen at law.uci.edu
Thu Jan 16 08:12:40 PST 2020


“House Delivers Impeachment Charges to Senate, Paving the Way for a Trial”<https://electionlawblog.org/?p=109023>
Posted on January 16, 2020 8:09 am<https://electionlawblog.org/?p=109023> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2020/01/15/us/politics/impeachment-managers.html>

 The House of Representatives voted on Wednesday to transmit two articles of impeachment against President Trump<https://www.nytimes.com/2020/01/16/podcasts/the-daily/impeachment-trial-trump.html> to the Senate, sending the president and his party into uncharted territory in a deeply divisive trial fraught with history and political risk.

In a choreographed ritual, the House formally appointed seven Democrats to serve as impeachment managers<https://www.nytimes.com/2020/01/15/us/politics/who-are-the-impeachment-managers.html> prosecuting the case before the Republican-controlled Senate. The group silently marched two charges of high crimes and misdemeanors, encased in slim blue folders, across the Capitol to set in motion the third presidential impeachment trial in American history.

The proceedings commencing on Thursday<https://www.nytimes.com/2020/01/16/us/politics/trump-impeachment-what-to-watch-today.html> will play out in a Capitol already rived by politics during a contentious election year. Among the senators who will be sitting in judgment of Mr. Trump will be four Democrats who are running for president, juggling their campaigns to defeat him with their duties as jurors.

The trial is laden with peril for Mr. Trump. He will face weeks of public discussion of the allegations that he solicited foreign help in the 2020 presidential election, abusing the power of his office and obstructing a congressional inquiry in the process. But the president is almost certain to cast his likely acquittal as a complete exoneration and turn the considerable apparatus of his campaign to stoke public outrage.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“AP Explains: New rules could muddle results of Iowa caucuses”<https://electionlawblog.org/?p=109021>
Posted on January 16, 2020 8:04 am<https://electionlawblog.org/?p=109021> by Rick Hasen<https://electionlawblog.org/?author=3>

AP:<https://apnews.com/851fd35564a23d8ca6c644e2ff62065c>

For the first time, the Iowa Democratic Party will report three sets of results<https://apnews.com/43354ef73124d58d94ca434b9016b4a7> from the party’s presidential caucuses. And there is no guarantee that all three will show the same winner.

Each set of results represents a different stage of the caucus. The new rules for the Feb. 3 contest were mandated by the Democratic National Committee in a bid to make the process more transparent.
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Posted in primaries<https://electionlawblog.org/?cat=32>


“Virginia Approves the E.R.A., Becoming the 38th State to Back It”<https://electionlawblog.org/?p=109019>
Posted on January 16, 2020 8:01 am<https://electionlawblog.org/?p=109019> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/2020/01/15/us/era-virginia-vote.html>:

 Virginia on Wednesday became the 38th state to approve the Equal Rights Amendment<https://www.nytimes.com/2020/01/15/us/what-is-equal-rights-amendment.html>, a symbolic victory for those who for generations have been pushing for a constitutional guarantee of legal rights regardless of sex.

Virginia’s decision does not seal the amendment’s addition to the United States Constitution. A deadline for three-quarters, or 38, of the 50 states to approve the E.R.A. expired in 1982, so the future of the measure is uncertain, and experts said the issue would likely be tied up in the courts and in the political sphere for years.

But the symbolism of the action in Virginia was significant after a struggle that had been raised, hard fought and, at times, forgotten over nearly 100 years.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“League of Women Voters of Texas Files Lawsuit Demanding Online Motor Voter Registration”<https://electionlawblog.org/?p=109017>
Posted on January 16, 2020 7:59 am<https://electionlawblog.org/?p=109017> by Rick Hasen<https://electionlawblog.org/?author=3>

Press release.<https://www.lwv.org/newsroom/press-releases/league-women-voters-texas-files-lawsuit-demanding-online-motor-voter>
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Posted in voter registration<https://electionlawblog.org/?cat=37>


Mar. 5 Election Meltdown Event at Stanford<https://electionlawblog.org/?p=109013>
Posted on January 16, 2020 7:41 am<https://electionlawblog.org/?p=109013> by Rick Hasen<https://electionlawblog.org/?author=3>

On Mar. 5 at 12 pm at Stanford<https://fsi.stanford.edu/events/can-american-democracy-survive-2020-elections>, I will talk about my new book, Election Meltdown<https://sites.uci.edu/electionmeltdown/>. An RSVP is required<https://calendar.law.uci.edu/event/election_meltdown_dirty_tricks_distrust_and_the_threat_to_american_democracy#.XiB_BFNKiqlhttps://fsi.stanford.edu/events/can-american-democracy-survive-2020-elections> for this event.

I hope to see #ELB readers there.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109013&title=Mar.%205%20Election%20Meltdown%20Event%20at%20Stanford>
Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


Feb. 26 Election Meltdown Event: Conversation with Kristen Clarke at UCLA Hammer Museum in Los Angeles<https://electionlawblog.org/?p=109011>
Posted on January 16, 2020 7:37 am<https://electionlawblog.org/?p=109011> by Rick Hasen<https://electionlawblog.org/?author=3>

On Feb. 25 at 7:30 pm, I will sit down at the UCLA Hammer Museum <https://hammer.ucla.edu/programs-events/2020/election-meltdown-richard-l-hasen-kristen-clarke> with the Lawyers’ Committee’s Kristen Clarke to talk about my new book, Election Meltdown<https://sites.uci.edu/electionmeltdown/>.

I hope to see #ELB readers there.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


Feb. 19 Slate Amicus Live Event in DC on Voting Rights (Live Episode of 5-Part Podcast with Dahlia Lithwick on New Book, Election Meltdown)<https://electionlawblog.org/?p=109008>
Posted on January 16, 2020 7:30 am<https://electionlawblog.org/?p=109008> by Rick Hasen<https://electionlawblog.org/?author=3>

I’ve been working with Dahlia Lithwick and producer Sara Burnigham of Slate on a five-part podcast series (in conjunction with Slate’s Amicus podcast) on my upcoming book, Election Meltdown<https://sites.uci.edu/electionmeltdown/>. The first episode should drop soon.

The fifth episode will be this live event<https://slate.com/live/amicus-live-w-dahlia-lithwick-andrew-gillum-and-more.html> in DC on Feb. 19 at 7:30 pm (tickets required):

Amicus Live With Dahlia Lithwick
Who Counts? This is the most important question facing Americans in 2020.
[amicus event description]

Date: Feb 19, 2020 7:30 PM EST

Location: Hamilton Live, 600 14th St NW, Washington, DC (map<https://goo.gl/maps/hhYPXHr398Gcwkrz6>)Tickets: 15<https://www.eventbrite.com/e/amicus-live-with-dahlia-lithwick-tickets-88707894701?aff=HEADLINER>

Join Slate for a live and off-the-cuff discussion on the threats to the 2020 election, how to combat them while there’s still time, and what we can do to shore up faith in voting, elections, and democracy itself. Amicus’ Dahlia Lithwick will be joined by election law expert Rick Hasen, former Florida gubernatorial candidate Andrew Gillum, director of the ACLU’s Voting Rights Project Dale Ho, andVice President of the Cyber Civil Rights Initiative and 2019 MacArthur Fellow Danielle Citron.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


Feb. 18 Election Meltdown Event: Conversation with Richard Fausset at Carter Presidential Library in Atlanta<https://electionlawblog.org/?p=109006>
Posted on January 16, 2020 7:25 am<https://electionlawblog.org/?p=109006> by Rick Hasen<https://electionlawblog.org/?author=3>

On Feb. 18 at 7 pm, I will sit down<https://www.jimmycarterlibrary.gov/events/> at the Jimmy Carter Presidential Library with the NY Times‘ Richard Fausset to talk about my new book, Election Meltdown<https://sites.uci.edu/electionmeltdown/>.

I hope to see #ELB readers there.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


Feb. 12 UCI Law Event on Election Meltdown<https://electionlawblog.org/?p=109004>
Posted on January 16, 2020 7:21 am<https://electionlawblog.org/?p=109004> by Rick Hasen<https://electionlawblog.org/?author=3>

On Feb. 12 at 5:30 pm at UCI Law<https://calendar.law.uci.edu/event/election_meltdown_dirty_tricks_distrust_and_the_threat_to_american_democracy#.XiB_BFNKiql>, I will talk about my new book, Election Meltdown<https://sites.uci.edu/electionmeltdown/>. An RSVP is required<https://calendar.law.uci.edu/event/election_meltdown_dirty_tricks_distrust_and_the_threat_to_american_democracy#.XiB_BFNKiql> for this event.

I hope to see #ELB readers there.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109004&title=Feb.%2012%20UCI%20Law%20Event%20on%20Election%20Meltdown>
Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


Feb. 4. Election Meltdown Event: Conversation with Victoria Bassetti at NYU’s Brennan Center in New York<https://electionlawblog.org/?p=109002>
Posted on January 16, 2020 7:17 am<https://electionlawblog.org/?p=109002> by Rick Hasen<https://electionlawblog.org/?author=3>

On Feb. 4 at 6 pm, I will sit down<https://campaignlegal.org/update/upcoming-event-election-law-expert-rick-hasen-trevor-potterhttps:/www.brennancenter.org/events/election-expert-richard-l-hasen-voters-distrust> at a Brennan Center event at NYU to talk with Victoria Bassetti about my new book, Election Meltdown<https://sites.uci.edu/electionmeltdown/>. An RSVP is required<https://www.brennancenter.org/events/election-expert-richard-l-hasen-voters-distrust> for this event.

I hope to see #ELB readers there.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D109002&title=Feb.%204.%20Election%20Meltdown%20Event%3A%20Conversation%20with%20Victoria%20Bassetti%20at%20NYU%E2%80%99s%20Brennan%20Center%20in%20New%20York>
Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


Feb. 3 Election Meltdown Event: Conversation with Trevor Potter at Campaign Legal Center in DC<https://electionlawblog.org/?p=108999>
Posted on January 16, 2020 7:12 am<https://electionlawblog.org/?p=108999> by Rick Hasen<https://electionlawblog.org/?author=3>

On Feb. 3 at 4 pm, I will sit down<https://campaignlegal.org/update/upcoming-event-election-law-expert-rick-hasen-trevor-potter> at the Campaign Legal Center in DC to talk with Trevor Potter about my new book, Election Meltdown<https://sites.uci.edu/electionmeltdown/>. An RSVP is required<https://campaignlegal.org/update/upcoming-event-election-law-expert-rick-hasen-trevor-potter> for this event.

I hope to see #ELB readers there.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108999&title=Feb.%203%20Election%20Meltdown%20Event%3A%20Conversation%20with%20Trevor%20Potter%20at%20Campaign%20Legal%20Center%20in%20DC>
Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


Feb. 2 Election Meltdown Event: Conversation with Pam Fessler at Politics and Prose in DC<https://electionlawblog.org/?p=108997>
Posted on January 16, 2020 7:08 am<https://electionlawblog.org/?p=108997> by Rick Hasen<https://electionlawblog.org/?author=3>

On Feb. 2 at 3 pm, I will sit down at the Politics and Prose Bookstore <https://www.politics-prose.com/event/book/richard-l-hasen-election-meltdown-dirty-tricks-distrust-and-threat-to-american-democracy> in DC with NPR’s Pam Fessler to talk about my new book, Election Meltdown<https://sites.uci.edu/electionmeltdown/>.

I hope to see #ELB readers there.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108997&title=Feb.%202%20Election%20Meltdown%20Event%3A%20Conversation%20with%20Pam%20Fessler%20at%20Politics%20and%20Prose%20in%20DC>
Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


Registration Now Open for Feb. 28 UCI Law Event: Can American Democracy Survive the 2020 Election?<https://electionlawblog.org/?p=108995>
Posted on January 16, 2020 7:03 am<https://electionlawblog.org/?p=108995> by Rick Hasen<https://electionlawblog.org/?author=3>

Very excited about this:<https://www.law.uci.edu/events/election-law/election-2020/>

Can American Democracy Survive the 2020 Elections?

The role of media, law, political norms, and technology in assuring acceptance of election results.
[$imagealt]

February 28, 2020
8:15 a.m.–5:00 p.m.
UCI Division of Continuing Education, Yosemite Ballroom

RSVP ><http://events.constantcontact.com/register/event?llr=we9w8txab&oeidk=a07egu6hrpncd2fe2bc>

Tentative Schedule (PDF)<https://www.law.uci.edu/events/election-law/election-2020/2020-conference-schedule-tentative.pdf>

This event is presented in conjunction with the UCI Jack W. Peltason Center for the Study of Democracy and with the generous support of the Democracy Fund, the William and Flora Hewlett Foundation, and the Mertz Gilmore Foundation.
·         Andrew AppelEugene Higgins Professor of Computer Science, Princeton University
·         Julia AzariAssociate Professor and Assistant Chair of Political Science, Marquette University
·         David BeckerExecutive Director & Founder, Center for Election Innovation and Research
·         The Hon. Jocelyn BensonSecretary of State, Michigan
·         Bruce CainProfessor of Political Science, Stanford University
·         Jack DoppeltHamad bin Khalifa Al Thani Professor of Journalism, Northwestern University
·         Tiana Epps-JohnsonFounder & Executive Director, Center for Technology and Civic Life
·         Ned FoleyCharles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law; Director, Election Law @ Moritz, Ohio State University
·         John FortierDirector of Governmental Studies, Bipartisan Policy Center
·         Patty HansenCoconino County, AZ Recorder
·         Rick HasenChancellor’s Professor of Law and Political Science, UCI Law
·         Liz HowardCounsel, Brennan Center’s Democracy Program
·         Jessica HusemanVoting Rights and Election Administration Reporter, ProPublica
·         David KayeClinical Professor of Law, International Justice Clinic Director (UCI Law), and UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression
·         Neal KelleyOrange County, CA Registrar
·         The Hon. Frank LaRoseSecretary of State, Ohio
·         Matt MastersonU.S. Department of Homeland Security
·         Michael MorleyAssistant Professor of Law, Florida State University
·         Janai NelsonAssociate Direct-Counsel, NAACP Legal Defense and Educational Fund
·         Brendan NyhanProfessor of Government, Dartmouth College
·         Cailin O’ConnorAssociate Professor of Logic and Philosophy Science, UCI School of Social Sciences
·         Norm OrnsteinResident Scholar, AEI
·         Nina PeralesVice President of Litigation, MALDEF
·         Nate PersilyJames B. McClatchy Professor of Law, Stanford University
·         Rick PildesSudler Family Professor of Constitutional Law, NYU
·         Song RichardsonDean and Chancellor’s Professor of Law, UCI Law
·         Bertrall RossChancellor’s Professor of Law, UC Berkeley
·         Alex StamosDirector, Stanford Internet Observatory, Stanford University
·         Charles StewartKenan Sahin Distinguished Professor of Political Science, MIT
·         Michael TeslerAssociate Professor of Political Science, UCI School of Social Sciences
·         Ciara Torres-SpelliscyProfessor of Law, Stetson University
·         James WeatherallProfessor of Logic and Philosophy of Science, UCI School of Social Sciences
·         Amy WilentzProfessor of English, UCI School of Humanities
·         Kim ZetterJournalist and Author
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Posted in election administration<https://electionlawblog.org/?cat=18>, Election Meltdown<https://electionlawblog.org/?cat=127>


Thank You to Justin Levitt and Dan Tokaji; And a Note About Election Meltdown Events to Come<https://electionlawblog.org/?p=108993>
Posted on January 16, 2020 7:00 am<https://electionlawblog.org/?p=108993> by Rick Hasen<https://electionlawblog.org/?author=3>

I want to offer my huge thanks to Justin and Dan for filling in for me over the last 16 days. It is a lot of work for them because there is no off season in election law anymore. I think this is the longest I’ve been away from the blog since its inception in 2003. We were away on an adventure in Argentina (you can see pictures I’ve posted from the trip in the thread beginning here)<https://twitter.com/rickhasen/status/1212683889468203008>. It was great to recharge before the launch of my new book, Election Meltdown<https://sites.uci.edu/electionmeltdown/>, and the start of the 2020 election season.

I’ll be putting up separate posts on my upcoming book-related events <https://sites.uci.edu/electionmeltdown/book-tour/> around the country, the related UCI conference,<https://www.law.uci.edu/events/election-law/election-2020/> Can American Democracy Survive the 2020 Elections?, and more (including a five-part Slate podcast in conjunction with Dahlia Lithwick and Amicus, and a Balkinization symposium on the book). Thanks to all for reading, listening, and caring about these issues so crucial to American democracy.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108993&title=Thank%20You%20to%20Justin%20Levitt%20and%20Dan%20Tokaji%3B%20And%20a%20Note%20About%20Election%20Meltdown%20Events%20to%20Come>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


BPC Election Administration Report and Event (Now Updated with Link to Report)<https://electionlawblog.org/?p=108987>
Posted on January 15, 2020 6:27 pm<https://electionlawblog.org/?p=108987> by Dan Tokaji<https://electionlawblog.org/?author=5>

Coming tomorrow, the Bipartisan Policy Center Election Task Force report “Getting Election Reform Right” and and live webcast event<https://bipartisanpolicy.org/event/getting-election-reform-right/> scheduled to start at 9:45 am ET.

Update: The report is now available here.<https://bipartisanpolicy.org/wp-content/uploads/2020/01/Bipartison_Elections-Task-Force_R01_crops.pdf>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108987&title=BPC%20Election%20Administration%20Report%20and%20Event%20(Now%20Updated%20with%20Link%20to%20Report)>
Posted in election administration<https://electionlawblog.org/?cat=18>


“Since Citizens United, a Decade of Super PACs”<https://electionlawblog.org/?p=108985>
Posted on January 15, 2020 5:59 pm<https://electionlawblog.org/?p=108985> by Dan Tokaji<https://electionlawblog.org/?author=5>

Another Brennan Center report<https://www.brennancenter.org/our-work/analysis-opinion/citizens-united-decade-super-pacs> for CU at 10<https://electionlawblog.org/?p=108960>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108985&title=%E2%80%9CSince%20Citizens%20United%2C%20a%20Decade%20of%20Super%20PACs%E2%80%9D>
Posted in campaign finance<https://electionlawblog.org/?cat=10>


CFI Report on Small Donor Finance in New York State<https://electionlawblog.org/?p=108980>
Posted on January 15, 2020 12:42 pm<https://electionlawblog.org/?p=108980> by Dan Tokaji<https://electionlawblog.org/?author=5>

“Small Donor Public Finance in New York State: Major Innovations – With a Catch,” by Michael Malbin and Brendan Glavin, available here<https://www.followthemoney.org/research/institute-reports/small-donor?utm_campaign=nys-public-finance-2020-presser&utm_medium=email&utm_source=nimsp-contacts> (PDF<http://cfinst.org/pdf/state/ny/Small-Donor-Public-Finance-in-NY_Jan2020.pdf>). From the press release<https://www.followthemoney.org/news/news-releases/show/433>:

On January 1, 2020, New York became only the second state in this century with a new public campaign finance system for state elections – the first since the U.S. Supreme Court’s Citizens United decision in 2010. A major new report by the Campaign Finance Institute (CFI), a division of the National Institute on Money in Politics, argues that some of the plan’s innovative provisions are worth noticing nationally — particularly for legislative elections. At the same time, however, CFI’s fiscal analysis disputes the official claim that more restrictive ballot access laws were needed for the public financing package to meet budget targets.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D108980&title=CFI%20Report%20on%20Small%20Donor%20Finance%20in%20New%20York%20State>
Posted in campaign finance<https://electionlawblog.org/?cat=10>


--
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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