[EL] ELB News and Commentary 7/29/20

[Pildes, Rick]

“Senate GOP Coronavirus Package Omits Additional Elections Funding”<https://electionlawblog.org/?p=113545>
Posted on July 29, 2020 4:52 pm<https://electionlawblog.org/?p=113545> by Richard Pildes<https://electionlawblog.org/?author=7>

From the WSJ, a troubling report<https://www.wsj.com/articles/senate-gop-coronavirus-package-omits-additional-elections-funding-11596036853>, but negotiations are still ongoing:

“We’ve already appropriated an awful lot of money for election assistance,” Senate Majority Leader Mitch McConnell said Monday. “What we’re not going to do is federalize the American election system, which is basically conducted in every single state in very different ways.

I’m aware that Republicans are opposed to national substantive mandates, but providing funding alone does not nationalize elections, as this comment from Louisiana’s Republican SOS notes:

Louisiana Secretary of State Kyle Ardoin, a Republican, said that he opposes Democrats’ proposals to attach requirements to the funding such as mandating the option to vote by mail. But, he added, “I am disappointed that much-needed federal funding will not be included in the Senate’s coronavirus bill to help stem the rising tide of pandemic costs along with increased ballot security costs.”
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113545&title=%E2%80%9CSenate%20GOP%20Coronavirus%20Package%20Omits%20Additional%20Elections%20Funding%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1> Edit<https://electionlawblog.org/wp-admin/post.php?post=113545&action=edit>
“A new report shows the 2020 election is in peril. Congress must act”<https://electionlawblog.org/?p=113543>
Posted on July 29, 2020 3:47 pm<https://electionlawblog.org/?p=113543> by Richard Pildes<https://electionlawblog.org/?author=7>

Washington Post<http://A%20new%20report%20shows%20the%202020%20election%20is%20in%20peril.%20Congress%20must%20act.>, on a new report from Maplight:

Daniel G. Newman, president and co-founder of MapLight, told me: “We are playing with fire as a nation by failing to address the gaps and ambiguities in our election rules that could lead to a crisis in which both parties claim victory in the presidential election.” He added: “Instead of waiting for disaster, Congress should act now to protect the long-term integrity of our elections by clearly outlining how to resolve disputes about the presidential election. A functioning democracy depends upon having election rules that are crystal clear, not ambiguously cloudy.” The timeline to create a reliable system is short, so he urges the Senate to “pass the HEROES Act immediately to provide states with enough resources to properly conduct mail-in voting to respond to COVID-19.”

“In some areas, public education campaigns can inform voters what to expect in November, and how to recognize problems. An informed electorate can be its own best advocate, calling upon elected officials to improve ballot access or effectively responding to a challenged mail ballot.” It also notes: “This information can also be used by good government advocacy groups to focus their attention on the most severe risks in the limited time before the election. Finally, as the election occurs, this information will help identify any deviations from appropriate electoral procedures and can jumpstart legal remedies to those challenges.”
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113543&title=%E2%80%9CA%20new%20report%20shows%20the%202020%20election%20is%20in%20peril.%20Congress%20must%20act%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1> Edit<https://electionlawblog.org/wp-admin/post.php?post=113543&action=edit>
“Treasury agrees to lend Postal Service $10 billion in trade for rivals’ shipping contracts”<https://electionlawblog.org/?p=113541>
Posted on July 29, 2020 2:47 pm<https://electionlawblog.org/?p=113541> by Richard Pildes<https://electionlawblog.org/?author=7>

Hopefully some of these funds <https://www.washingtonpost.com/business/2020/07/29/postal-service-treasury-loan/?hpid=hp_business-1_postal117p%3Ahomepage%2Fstory-ans> will enable the Postal Service to ramp up for managing the flood of absentee ballots this fall.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113541&title=%E2%80%9CTreasury%20agrees%20to%20lend%20Postal%20Service%20%2410%20billion%20in%20trade%20for%20rivals%E2%80%99%20shipping%20contracts%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1> Edit<https://electionlawblog.org/wp-admin/post.php?post=113541&action=edit>
“New report highlights shell company loophole that could be abused by foreigners who want to interfere in U.S. elections”<https://electionlawblog.org/?p=113539>
Posted on July 29, 2020 12:46 pm<https://electionlawblog.org/?p=113539> by Richard Pildes<https://electionlawblog.org/?author=7>

The organization Issue One has issued this report<https://www.issueone.org/wp-content/uploads/2020/07/Mystery-Money-Report-Tipsheet.pdf>.

“Secretive shell companies provide ideal cover for foreigners wishing to evade the existing prohibition on their involvement in U.S. elections,” said Issue One Founder and CEO Nick Penniman. “The Justice Department says foreigners have already used shell companies to illegally funnel money into U.S. elections at least twice in recent years. It’s only a matter of time before this glaring loophole in our campaign finance system is more systematically abused by malicious foreign actors.”

Added Issue One Executive Director Meredith McGehee: “Money laundering schemes to illegally funnel foreign money into super PACs through shell companies threaten the integrity of our political system. It is bad public policy to simply rely on a super PAC’s word that the funds they receive — especially money from mysterious donors — are not from foreign nationals. Congress needs to strengthen the law, and the Federal Election Commission needs to enhance existing transparency rules to help give the public more confidence that the law is being followed.”
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113539&title=%E2%80%9CNew%20report%20highlights%20shell%20company%20loophole%20that%20could%20be%20abused%20by%20foreigners%20who%20want%20to%20interfere%20in%20U.S.%20elections%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1> Edit<https://electionlawblog.org/wp-admin/post.php?post=113539&action=edit>
“Opponents of Maine’s ranked-choice voting system try new tactic after past failures in court”<https://electionlawblog.org/?p=113534>
Posted on July 29, 2020 10:19 am<https://electionlawblog.org/?p=113534> by Richard Pildes<https://electionlawblog.org/?author=7>

Bangor Daily News:<https://bangordailynews.com/2020/07/29/politics/opponents-of-maines-ranked-choice-voting-system-try-new-tactic-after-past-failures-in-court/>

Those making a fourth legal challenge in just over two years to Maine’s ranked-choice voting system are using a new lens of equity, but they will have to convince a federal judge that fundamentals have shifted since he tossed a similar suit in 2018.

The new lawsuit on behalf of four plaintiffs reiterates arguments Republicans have made against the method, including that the winner may still end up with a plurality — not a majority — of the original ballots cast since some ballots are exhausted when voters do not rank a second choice. That was the case when Poliquin lost in 2018 to U.S. Rep. Jared Golden, a Democrat from the 2nd District.

But citing analysis from a Princeton University professor, the plaintiffs note that the majority of voters did not rank as many candidates as there were options on the 2018 ballot. It argues that towns with higher shares of older voters and those without college degrees are more likely to truncate ballots.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113534&title=%E2%80%9COpponents%20of%20Maine%E2%80%99s%20ranked-choice%20voting%20system%20try%20new%20tactic%20after%20past%20failures%20in%20court%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1> Edit<https://electionlawblog.org/wp-admin/post.php?post=113534&action=edit>
Important Story from WI About Rejection of Absentee Ballots<https://electionlawblog.org/?p=113530>
Posted on July 29, 2020 6:59 am<https://electionlawblog.org/?p=113530> by Richard Pildes<https://electionlawblog.org/?author=7>

In this <https://www.greenbaypressgazette.com/story/news/2020/07/29/wisconsin-election-rejected-absentee-ballots-could-spell-trouble-november/5529702002/> deep dive analyzing the absentee ballot process in WI’s April 7th primary, the Green Bay Press Gazette (hat tip to local media) concludes that more than 23,000 absentee ballots were rejected in that primary. The story points out that President Trump won WI by less than that figure (22,748 votes) and that turnout for the fall will likely double from that in the primary.

Most importantly, the story identifies the specific reasons for the rejection of each of these ballots. Although it is often assumed that the main reason for rejection is that a ballot has been cast or received too late to be valid, that was not the case in WI. This chart shows that around 70% of rejections were due to voters not meeting the various procedural requirements necessary in WI for a ballot to be valid:
[https://electionlawblog.org/wp-content/uploads/image-13.png]

Some details from the story:

For an absentee ballot to count in Wisconsin, a voter and a witness must sign the ballot envelope and include the address of the witness….

Election experts say people in states like Wisconsin that traditionally have low by-mail voting rates are more prone to make errors.

“You’re asking folks to do something new,” said Michael McDonald, a political science professor and voter data expert at the University of Florida. “And whenever you try to do something new in the midst of unprecedented demand, you’re going to have problems.” . . .

Bob and Jan Capen voted absentee for the first time in the April election. The couple signed their names as witnesses to each other’s ballots and mailed them in. Neither of their votes counted.

Their ballots were marked as “certification insufficient,” the most common reason cited for the 23,196 absentee ballots rejected in April. Copies of the Capens’ ballot envelopes show they both missed the yellow-highlighted line that required their addresses as witnesses.

“It’s my fault,” Bob Capen said. “But based on what I’ve learned so far, it’s not an easy process for a lot of people, so I can see how it could get all clustered up.”

Diane Coenen, president of the Wisconsin Municipal Clerks Association, says first-time absentee voters can be confused by the ballot envelope, which displays a lot of information and requires attention to detail. Most people do not read it from top to bottom, Coenen said, “And if they miss something, the ballot will be rejected.”

WI is said to be taking a number of measures to try to reduce this problem by the fall election. WI does not currently give voters an opportunity to cure any procedural defects with their absentee ballots, a measure I have said<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3613163> states should adopt.

This granular case study of WI’s April primary complements nicely the comprehensive, nationwide analysis in the academic study<https://electionlawblog.org/?p=113515> Charles Stewart just posted.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113530&title=Important%20Story%20from%20WI%20About%20Rejection%20of%20Absentee%20Ballots>
Posted in Uncategorized<https://electionlawblog.org/?cat=1> Edit<https://electionlawblog.org/wp-admin/post.php?post=113530&action=edit>
“Drive-thru absentee voting available in Eau Claire”<https://electionlawblog.org/?p=113528>
Posted on July 29, 2020 5:01 am<https://electionlawblog.org/?p=113528> by Richard Pildes<https://electionlawblog.org/?author=7>

This could be an important option for the fall, for jurisdictions that can manage to do this<https://www.startribune.com/drive-thru-absentee-voting-available-in-eau-claire/571941732/>:

Voters don’t have to leave their vehicles to vote in the primary election in Eau Claire.

City officials have set up drive-thru service for absentee voters in the parking lot behind City Hall in order to reduce contact during the coronavirus pandemic.

Voting started Tuesday and will run weekdays through Aug. 7. Wisconsin’s partisan primary is Aug. 11.

City officials say people do not need to arrive in a vehicle to vote in the parking lot, they can also walk up and cast their ballot, the Leader-Telegram reported.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113528&title=%E2%80%9CDrive-thru%20absentee%20voting%20available%20in%20Eau%20Claire%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1> Edit<https://electionlawblog.org/wp-admin/post.php?post=113528&action=edit>
To Ensure Votes are Counted, Michigan SOS Advises Voters Not To Mail Back Absentee Ballots the Last Week Before Election Day<https://electionlawblog.org/?p=113526>
Posted on July 29, 2020 4:57 am<https://electionlawblog.org/?p=113526> by Richard Pildes<https://electionlawblog.org/?author=7>

From the Detroit Free Press<https://www.freep.com/story/news/politics/elections/2020/07/28/michigan-absentee-ballot-august-primary-election-voting/5527220002/>:

Do you have a completed absentee ballot, but haven’t put it in the mail yet? You need to act immediately — and probably avoid the mailbox altogether — if you want to ensure your vote is counted, said Michigan Secretary of State Jocelyn Benson.

Although the election is next Tuesday, Aug. 4, only those ballots received by the local clerk by the time polls close on Election Day will count. Problems or delays with the mail may prevent the clerk from receiving the ballot in time.

“This close to the primary, Michiganders should return their absentee ballots to their clerk’s office directly, or submit them via their local ballot drop box, in order to ensure their vote is counted,” Benson said in a news release.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113526&title=To%20Ensure%20Votes%20are%20Counted%2C%20Michigan%20SOS%20Advises%20Voters%20Not%20To%20Mail%20Back%20Absentee%20Ballots%20the%20Last%20Week%20Before%20Election%20Day>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200729/97f2506f/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200729/97f2506f/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 88152 bytes
Desc: image003.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200729/97f2506f/attachment-0001.png>