[EL] ELB News and Commentary 7/16/20

[Rick Hasen]

Hackers Take Over Biden Twitter Account Among Many Others in Bitcoin Scam; Next Time Things Could Be More Dangerous<https://electionlawblog.org/?p=113145>
Posted on July 15, 2020 8:54 pm<https://electionlawblog.org/?p=113145> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/2020/07/15/technology/twitter-hack-bill-gates-elon-musk.html>:

It was about 4 in the afternoon on Wednesday on the East Coast when chaos struck online. Dozens of the biggest names in America — including Joseph R. Biden Jr., Barack Obama, Kanye West, Bill Gates and Elon Musk — posted similar messages on Twitter: Send Bitcoin and the famous people would send back double your money.

It was all a scam, of course, the result of one of the most brazen online attacks in memory.

A first wave of attacks hit the Twitter accounts of prominent cryptocurrency leaders and companies. But soon after, the list of victims broadened to include a Who’s Who of Americans in politics, entertainment and tech, in a major show of force by the hackers.

Twitter quickly removed many of the messages, but in some cases similar tweets were sent again from the same accounts, suggesting that Twitter was powerless to regain control.

The company eventually disabled broad swaths of its service, including the ability of verified users to tweet, for a couple of hours as it scrambled to prevent the scam from spreading further. The company sent a tweet saying that it was investigating the problem and looking for a fix. “You may be unable to Tweet or reset your password while we review and address this incident,” the company said in a second tweet. Service was restored around 8:30 Wednesday night.

As awful as this scam is, I worry more about political disinformation that could be spread though a hack like this, especially last minute false information about a candidate’s health or their position on controversial issues.

We need to treat candidates’ social media accounts as part of our critical election infrastructure.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, chicanery<https://electionlawblog.org/?cat=12>, social media and social protests<https://electionlawblog.org/?cat=58>


“Can Canadians help dump Trump or beat Biden? What U.S. campaign laws say”<https://electionlawblog.org/?p=113143>
Posted on July 15, 2020 8:47 pm<https://electionlawblog.org/?p=113143> by Rick Hasen<https://electionlawblog.org/?author=3>

The CBC reports<https://www.cbc.ca/news/world/us-campaign-law-1.5649705>.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>


“Twitter’s rigid fact-check rules allow Trump to continue spreading false information about the election”<https://electionlawblog.org/?p=113141>
Posted on July 15, 2020 8:40 pm<https://electionlawblog.org/?p=113141> by Rick Hasen<https://electionlawblog.org/?author=3>

CNN:<https://www.cnn.com/2020/07/15/politics/twitter-trump-election-misinformation/index.html?utm_term=159486538368839c9bd2270a7&utm_source=Reliable+Sources+-+July+15%2C+2020&utm_medium=email&utm_campaign=226127_1594865383689&bt_ee=IejIqCb%2BLWIJhv7sQy4ijM72htm7cgyaJ47C8CsfscUl5kHKvMXrP%2BjNKfqxIkAo&bt_ts=1594865383689>

The world took notice on May 26, when Twitter fact-checked <https://www.cnn.com/2020/05/26/tech/twitter-trump-fact-check/index.html> President Donald Trump for the very first time. Trump posted a series of blatant lies about mail-in voting, and declared that “this will be a rigged election.” Twitter responded swiftly, saying that the viral posts contained “potentially misleading” information, and slapped a fact-check label on them.

But seven weeks later, and after a dozen similarly untruthful tweets from the President, that extraordinary step by Twitter looks more like a one-time aberration than the new normal.According to a CNN analysis,

Trump’s latest posts <http://www.trumptwitterarchive.com/archive/mail/tfff/5-26-2020_> included misleading information about the mechanics of mail-in voting, flat-out lies that the system is plagued by widespread fraud, and false accusations that Democrats are using these new voting procedures to cheat. He repeated the phrase “rigged election” five times. Yet, Twitter took no action.

A Twitter spokesperson told CNN that many of these posts are “currently not in violation of the Twitter Rules,” even though they struck a similar tone to the tweets they sanctioned in May.

The distinction Twitter is drawing is that there’s a difference between questioning the integrity of mail-in voting as a broad concept, versus suggesting that voting procedures in a particular state are fraudulent. The two posts Twitter fact-checked in May specifically<https://twitter.com/realDonaldTrump/status/1265255835124539392> called out California.

This approach creates a strange dynamic. Untrue tweets about vote-rigging in a specific state are unacceptable and subject to fact-checking. But Twitter says its hands are tied when those same lies are spread on a national scale, where they could influence millions of more voters.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Kobach Silent So Far About Watkins Election Fraud Indictment<https://electionlawblog.org/?p=113135>
Posted on July 15, 2020 2:22 pm<https://electionlawblog.org/?p=113135> by Rick Hasen<https://electionlawblog.org/?author=3>

See here.<https://www.kansas.com/news/politics-government/article244240772.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Court denies Mich. absentee ballots that come after election”<https://electionlawblog.org/?p=113131>
Posted on July 15, 2020 12:34 pm<https://electionlawblog.org/?p=113131> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<https://www.detroitnews.com/story/news/local/michigan/2020/07/15/court-denies-mich-absentee-ballots-come-election/112261952/>:

The Michigan appeals court denied a request to require the counting of absentee ballots received after the time polls close on Election Day, ruling that the deadline remains intact despite voters’ approval of a constitutional amendment that expanded mail-in voting.

The court, in a 2-1 decision released Wednesday, said it is up to lawmakers to change the deadline that has been in place for at least 91 years. The League of Women Voters of Michigan and three voters sued in May, seeking a declaration that absentee ballots be counted as long as they are mailed on or before Election Day and are received within six days of the election.

 Thanks to Justin’s COVID list<https://electionlawblog.org/?p=111962>, you can find the opinions here<https://electionlawblog.org/wp-content/uploads/MI-LWV-20200714-opinion.pdf>.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, court decisions<https://electionlawblog.org/?cat=129>


“Democratic-allied group gives a boost to conservative Kobach in Kansas Senate primary”<https://electionlawblog.org/?p=113126>
Posted on July 15, 2020 11:53 am<https://electionlawblog.org/?p=113126> by Rick Hasen<https://electionlawblog.org/?author=3>

CNN:<cnn:>

The new group, called the Sunflower State PAC, has quietly reserved $850,000 for ads just this week alone, according to data from the Campaign Media Analysis Group. The ad, reviewed by CNN, bashes Republican US Rep. Roger Marshall as a “phony” and “soft on Trump” and notes that Kobach is called “too conservative” who “won’t compromise on building a wall” or “getting tough on China.”

Kobach, an immigration hard-liner and voter fraud crusader with staunchly conservative views in line with President Donald Trump, has long maintained that the criticisms he would be a weak general election candidate are misplaced, in part because 2020 is a presidential election year, far different than the 2018 cycle when he lost a race for the governorship.<https://www.cnn.com/2019/07/08/politics/kris-kobach-roy-moore-senate-2020/index.html>

Sunflower State formed just this week, filing a statement of organization with the Federal Election Commission on July 13. By forming shortly after the end of the second quarter, on June 30, the group could avoid disclosing any information about its donors until the end of the third quarter, all the way in September, even if it spends millions between now and then. Even if the group chooses to file more regular monthly reports with the FEC, it won’t have to disclose donors until late August, weeks after the Kansas primary on August 4.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“CLC Research Draws Connections Between Campaign Finance System and Federal Relief for Fossil Fuel Industry”<https://electionlawblog.org/?p=113124>
Posted on July 15, 2020 11:33 am<https://electionlawblog.org/?p=113124> by Rick Hasen<https://electionlawblog.org/?author=3>

Analysis.<https://campaignlegal.org/update/clc-research-draws-connections-between-campaign-finance-system-and-federal-relief-fossil>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Scattered problems with mail-in ballots this year signal potential November challenges for Postal Service”<https://electionlawblog.org/?p=113122>
Posted on July 15, 2020 11:26 am<https://electionlawblog.org/?p=113122> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/politics/scattered-problems-with-mail-in-ballots-this-year-signal-potential-november-challenges-for-postal-service/2020/07/15/0dfb8b42-c216-11ea-b178-bb7b05b94af1_story.html>:

Postal workers found three tubs of uncounted absentee ballots the day after the Wisconsin primary. Some Ohioans did not receive their ballots in time for the election because of mail delays. And in Dallas, absentee ballots some voters sent to the county were returned just days before Election Day, with no explanation.

Problems caused by a spike in absentee voting during this year’s primaries are serving as potential warning signs for the U.S. Postal Service, which is bracing for an expected onslaught of mail-in ballots this fall as states and cities push alternatives to in-person voting because of the pandemic.

The concern extends to local elections offices that may be unaccustomed to aspects of the mail, such as the time it takes for parcels to reach their destinations and how to design their ballots to meet postal standards.

So the Postal Service is regularly sending advice and checklists to thousands of elections officials. Local elections offices are hiring temporary workers to process absentee ballots, and some local elections boards are adding options for voters to do curbside drop-offs of their mail ballots on Election Day.

The Postal Service is also recommending that voters request their ballots at least 15 days before Election Day and mail their completed ballots at least one week before the due date.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


ALI “Reasonably Speaking” Podcast Episode with Foley, Huefner, Shaw, and Tolson: “Faithless Electors: SCOTUS Decisions and Implications for November”<https://electionlawblog.org/?p=113120>
Posted on July 15, 2020 11:22 am<https://electionlawblog.org/?p=113120> by Rick Hasen<https://electionlawblog.org/?author=3>

Listen here.<https://www.ali.org/news/podcast/episode/faithless-electors-scotus-decisions-and-their-implications-november/>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Republican Congressional Candidate Mark Harris, Who Benefitted from Absentee Ballot Tampering in 2018 #NC09 Congressional Race in Blade County, Won’t Be Criminally Charged<https://electionlawblog.org/?p=113118>
Posted on July 15, 2020 11:20 am<https://electionlawblog.org/?p=113118> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<https://apnews.com/1cd1862143d994eb8863963d423c5959>:

A former North Carolina congressional candidate won’t face state charges in an absentee ballot fraud investigation that’s already led to indictments against his hired political operative and a new election, a local prosecutor said on Wednesday.

Wake County District Attorney Lorrin Freeman said her office “is closing the matter” involving the Rev. Mark Harris, who ran for the 9th Congressional District seat in 2018.

State and federal agencies spent more than a year investigating the involvement of Harris and his campaign in absentee ballot operations in Bladen County. Freeman told The Associated Press that her office decided against charging Harris after speaking last week with a key witness she declined to identify….

“Candidates for elected office have a duty to uphold the public’s faith by not only following the law, but by exercising sound judgment,” Freeman said in her statement, adding that “Harris’ decision to relinquish his seat and call for a new election in which he did not participate were important steps in restoring the confidence of the voters in District 9.”
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Posted in chicanery<https://electionlawblog.org/?cat=12>


“Fact check: Mailing ballots to dead people not leading to voter fraud, experts and studies say”<https://electionlawblog.org/?p=113116>
Posted on July 15, 2020 11:18 am<https://electionlawblog.org/?p=113116> by Rick Hasen<https://electionlawblog.org/?author=3>

USA Today reports.<https://www.usatoday.com/story/news/factcheck/2020/07/14/fact-check-mailing-ballots-dead-people-not-leading-voter-fraud/3214074001/>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Deepfake used to attack activist couple shows new disinformation frontier”<https://electionlawblog.org/?p=113114>
Posted on July 15, 2020 8:33 am<https://electionlawblog.org/?p=113114> by Rick Hasen<https://electionlawblog.org/?author=3>

Important Reuters report.<https://www.reuters.com/article/us-cyber-deepfake-activist-idUSKCN24G15E>
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Posted in social media and social protests<https://electionlawblog.org/?cat=58>


“Can the United States hold free and fair elections this fall?”<https://electionlawblog.org/?p=113112>
Posted on July 15, 2020 8:29 am<https://electionlawblog.org/?p=113112> by Rick Hasen<https://electionlawblog.org/?author=3>

Looking forward to participating in this July 21 event<https://americandemocracycollaborative.org/>:

Can the United States hold free and fair elections this fall?
Tuesday, July 21, 1:00pm – 2:15pm (EST)

Free and fair elections constitute an essential element of representative democracy, enabling societies to resolve conflict peacefully and permitting the people to select their public officials and hold them accountable. But Americans’ confidence in the legitimacy of elections has declined in recent years, battered by partisan voter suppression efforts and the erosion of the Voting Rights Act, Russia’s persistent attempts to disrupt American elections, and President Donald Trump’s unfounded charges of electoral fraud. Now the coronavirus pandemic presents additional obstacles. This panel will assess the challenges to running a free and fair election this year, and how they can be overcome. #democracy2020<https://twitter.com/search?q=%23democracy2020&src=typed_query&f=live>

Click Here to Register<https://cornell.zoom.us/webinar/register/WN_GCo3pGXPQ0qLgSk7KRjjDw>

Panelists:
[cid:image002.png at 01D65AEB.2A4F68F0]

Amel Ahmed<https://polsci.umass.edu/people/amel-ahmed> is associate professor of political science at the University of Massachusetts Amherst. Her work focuses on comparative democratization, with a special interest in the origins of electoral institutions and the unintended consequences of electoral reform. She is author of Democracy and the Politics of Electoral System Choice: Engineering Electoral Dominance<https://www.cambridge.org/core/books/democracy-and-the-politics-of-electoral-system-choice/EC4A09FB0A50CDD6F07B022207524936> and numerous articles on democratization in both historical and comparative perspective.
[cid:image003.png at 01D65AEB.2A4F68F0]

Jacob M. Grumbach<http://jakegrumbach.com/> is an Assistant Professor of Political Science at the University of Washington and a Faculty Associate with the Harry Bridges Center for Labor Studies. Grumbach’s research focuses broadly on the political economy of the United States, with an emphasis on public policy, racial and economic inequality, American federalism, and statistical methods. Previously, Grumbach was a Postdoctoral Fellow at the Center for the Study of Democratic Politics at Princeton University, and received his PhD from UC Berkeley in 2018.
[cid:image004.png at 01D65AEB.2A4F68F0]

Richard L. Hasen<https://www.law.uci.edu/faculty/full-time/hasen/> is Chancellor’s Professor of Law and Political Science at the University of California, Irvine. Hasen is a nationally recognized expert in election law and campaign finance regulation, writing as well in the areas of legislation and statutory interpretation, remedies, and torts. His newest book, Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy<https://yalebooks.yale.edu/book/9780300248197/election-meltdown> was published by Yale University Press in 2020.

Moderator:
[cid:image005.png at 01D65AEB.2A4F68F0]

David Bateman<https://government.cornell.edu/david-alexander-bateman> is an associate professor in the department of Government at Cornell University. His research focuses on democratic institutions, with a particular focus on voting rights and representation. He is the author of Disenfranchising Democracy: The Construction of the Electorate in the United States, United Kingdom, and France<https://www.cambridge.org/core/books/disenfranchising-democracy/CEC53B21976CC3E3F17D2E585257320E> (Cambridge University Press – awarded the 2019 J. David Greenstone Prize) and co-author, with Ira Katznelson and John Lapinski, of Southern Nation: Congress and White Supremacy after Reconstruction<https://press.princeton.edu/books/hardcover/9780691126494/southern-nation> (Princeton University Press – awarded the 2020 V.O. Key Prize).
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


--
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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