[EL] ELB News and Commentary 6/11/20

Thu Jun 11 08:29:06 PDT 2020

“U.S. voter registration plummets during coronavirus pandemic, challenging both parties”<https://electionlawblog.org/?p=112083>
Posted on June 11, 2020 8:26 am<https://electionlawblog.org/?p=112083> by Rick Hasen<https://electionlawblog.org/?author=3>

USA Today<https://www.usatoday.com/story/news/politics/elections/2020/06/11/voter-registration-plummets-during-coronavirus-pandemic/5336320002/>:

The registration of new voters dropped dramatically in the U.S. amid the coronavirus pandemic, challenging efforts of both major political parties to enlist new supporters in battleground states ahead of the 2020 election.

The number of new voters registered across 11 states in April 2020 decreased by 70% compared with April 2016, according to a report <https://electioninnovation.org/wp-content/uploads/2020/06/New_Voter_Registrations.pdf> from the nonpartisan Center for Election Innovation & Research released Thursday.

Voter registration was well ahead of the 2016 pace in most states through February. It started to decline in March, when states began enforcing stay-at-home orders and social distancing requirements to fight the spread of the COVID-19 virus.

By April, registration plummeted as the two most popular methods of signing up new voters – third-party at schools and other public venues and “motor voter registration” – virtually halted. The latter refers to a federal law that requires states to give individuals the opportunity to register to vote when they apply for or renew a driver’s license.

More from CEIR<https://twitter.com/ElectionInnov/status/1271055975148118016?s=20>:
[cid:image001.jpg at 01D63FCA.5EC74670]<https://twitter.com/ElectionInnov>
<https://twitter.com/ElectionInnov>
Center for Election Innovation & Research at ElectionInnov<https://twitter.com/ElectionInnov>

<https://twitter.com/ElectionInnov/status/1271055975148118016>

Today, we are releasing a brief documenting drastic declines in new voter registrations as a result of the COVID-19 pandemic. Assessing data from several states, we found new voter registration activity declined ~70% in April 2020, compared to April 2016.https://electioninnovation.org/wp-content/uploads/2020/06/New_Voter_Registrations.pdf …<https://t.co/Ktcd7ekqxT>
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Posted in voter registration<https://electionlawblog.org/?cat=37>

“Voter registration in Florida plunged amid the coronavirus pandemic”<https://electionlawblog.org/?p=112081>
Posted on June 11, 2020 8:23 am<https://electionlawblog.org/?p=112081> by Rick Hasen<https://electionlawblog.org/?author=3>

The Tampa Bay Times reports<https://www.tampabay.com/news/health/2020/06/11/voter-registration-in-florida-plunged-amid-the-coronavirus-pandemic/>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“If Trump Loses in November, He Will Thrust the U.S. Into a Legitimacy Crisis”<https://electionlawblog.org/?p=112079>
Posted on June 11, 2020 8:14 am<https://electionlawblog.org/?p=112079> by Rick Hasen<https://electionlawblog.org/?author=3>

Nancy LeTourneau<https://washingtonmonthly.com/2020/06/11/if-trump-loses-in-november-he-will-thrust-the-u-s-into-a-legitimacy-crisis/> for the Washington Monthly.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“How to avoid hours-long waits to cast ballots on Election Day”<https://electionlawblog.org/?p=112077>
Posted on June 11, 2020 8:10 am<https://electionlawblog.org/?p=112077> by Rick Hasen<https://electionlawblog.org/?author=3>

Ned Foley WaPo oped<https://www.washingtonpost.com/opinions/2020/06/11/how-avoid-hours-long-waits-cast-ballots-election-day/>:

Meanwhile, if healthy voters are expected to cast ballots in person rather than by mail in November, it must be possible to actually vote when going to the polls. Having to wait four hours in line, as many reportedly did<https://www.cnn.com/2020/06/09/politics/georgia-primary-election-delays/index.html> in Georgia, does not qualify as an adequate opportunity to vote.

What can be done to prevent this kind of functional disenfranchisement from recurring in the fall?

Voting rights groups could, at their own expense, print provisional ballots that voters could rely on in an emergency if local election administrators fail to meet their statutory obligation to supply backup ballots.

How would this work? Voting rights groups could send “election protection observers” to polling places with ballots for that precinct, plus envelopes that would indicate all the information required for casting a provisional ballot: name, address, signature, driver’s license or other identification number (depending on state law), and so forth. These observers would advise voters, upon arrival at their polling place, to take a cellphone selfie and text or email it to the voting rights group to document their time of arrival. After an hour wait, if voters still had not had an opportunity to cast a ballot provided by an official poll worker — and if they were unable to wait any longer — then the voting rights group could give these voters one of its privately printed emergency ballots.

After voters completed the ballot and filled in the required information on the accompanying envelope, they would seal the ballot in the envelope to preserve its secrecy. Then they would take a cellphone photo of the sealed envelope and text or email that second photo to the same voting rights group. Timestamps on both photos would show that the voter had waited more than an hour before being forced to rely on this remedy.

Voters would then hand the sealed envelope to the election protection observer, who later would give all the envelopes to the official poll workers. In effect, the election protection observers would act as emergency poll workers.

Would these provisional ballots count? They should, in order to avoid wrongful disenfranchisement.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Joe Biden warns that President Trump ‘is going to try to steal this election’”<https://electionlawblog.org/?p=112073>
Posted on June 11, 2020 8:04 am<https://electionlawblog.org/?p=112073> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/politics/joe-biden-warns-that-president-trump-is-going-to-try-to-steal-this-election/2020/06/11/a48f88cc-ab98-11ea-9063-e69bd6520940_story.html?wpmk=MK0000200>:

Joe Biden<https://www.washingtonpost.com/elections/candidates/joe-biden/?itid=lk_inline_manual_1> on Wednesday night had a blunt warning about President Trump and the lengths he would go to limit access to ballots in November, sharply escalating his rhetoric about his Republican rival five months before voters head to the polls.

“This president is going to try to steal this election,” Biden said in an interview on “The Daily Show with Trevor Noah.” The presumptive Democratic presidential nominee said of ensuring that the voting process is fair: “It’s my greatest concern. My single greatest concern.”

Biden was also asked whether he has considered what would happen if he wins but Trump refuses to leave office.

“Yes, I have,” he said quickly….

NBC News<https://www.nbcnews.com/politics/congress/biden-s-biggest-fear-president-going-try-steal-election-n1229761>:

He then spoke about the former high-ranking military officials who criticized Trump for how aggressively he responded last week to protests over George Floyd’s death, using the National Guard to force peaceful demonstrators from outside the White House.

“I am absolutely convinced they will escort him from the White House with great dispatch,” Biden said if Trump loses the election and refuses to leave.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Backers of Michigan LGBT rights initiative granted extra time for ballot petition signatures”<https://electionlawblog.org/?p=112071>
Posted on June 11, 2020 8:02 am<https://electionlawblog.org/?p=112071> by Rick Hasen<https://electionlawblog.org/?author=3>

MLive<https://www.mlive.com/public-interest/2020/06/backers-of-michigan-lgbt-rights-initiative-granted-extra-time-for-ballot-petition-signatures.html>:

Backers of a Michigan LGBT rights initiative have been granted 69 extra days to gather the signatures required for their question to appear before voters.

The additional time equates to the length of Gov. Gretchen Whitmer’s stay-home orders intended to slow spread of the coronavirus outbreak. The stay-home period lasted from March 23 to June 1. Court of Claims Judge Cynthia D. Stephens agreed the unusual circumstances hampered the initiative’s ability to meet normal petition signature requirements.
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Posted in direct democracy<https://electionlawblog.org/?cat=62>

“Coronavirus chaos in Georgia, Wisconsin a ‘warning sign’ for Democrats”<https://electionlawblog.org/?p=112069>
Posted on June 11, 2020 7:55 am<https://electionlawblog.org/?p=112069> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico<https://www.politico.com/news/2020/06/11/deep-partisan-divide-over-in-person-mail-in-voting-312290?nname=playbook&nid=0000014f-1646-d88f-a1cf-5f46b7bd0000&nrid=0000014e-f109-dd93-ad7f-f90d0def0000&nlid=630318>:

Even the act of voting has become a partisan issue with racial implications in 2020.

Republicans are far more likely than Democrats to say they’re willing to vote in person during a pandemic, while Democrats outpace Republicans in wanting to vote by mail, according to new POLITICO/Morning Consult poll, which also shows racial differences as well.

The reasons for the partisan split became clear during Tuesday’s troubled election in Georgia as well as Wisconsin’s controversial April 7 primary. It’s also playing out in federal court cases in battleground states where Democrats are demanding more mail-in voting opportunities while Republicans resist.

The challenge of having an election during a pandemic — and the resulting partisan division over how to do it — poses particular problems for Democrats, however, because of issues of geography and race.

Coronavirus spreads more easily in densely populated urban areas — where Democrats tend to outnumber Republicans — and has proved to be more deadly to African Americans and Hispanics, who vote for Democrats by bigger margins. On top of that one-two punch, the threat of coronavirus has led to precinct closures that load up voters at combined polling stations, often in urban or Democratic areas….

The poll showed that 54 percent of black voters said they would prefer to vote by mail during the pandemic, compared with 28 percent who said they would still go to the polling station in person. By 49 percent to 44 percent, whites would prefer to vote by mail than in person during a pandemic and by 43 percent to 38 percent, Hispanics would prefer in-person to mail-in voting.

Overall, voters favored mail-in voting over in-person voting by 50 percent to 41 percent.

Bob Stein, a political scientist and pollster with Rice University, said there’s been a clear shift in support for mail-in voting among Democratic voters since the coronavirus epidemic began. There has also been a corresponding decrease in support among Republicans. In the midst of conducting a 1,000-sample poll in Houston’s Harris County, Stein said, he saw support for mail-in voting drop 7 percentage points among Republicans who previously had voted by mail when Trump began criticizing mail-in voting.

“I’ve never seen anything like it,” Stein said.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“LeBron James and Other Stars Form a Voting Rights Group”<https://electionlawblog.org/?p=112066>
Posted on June 10, 2020 4:43 pm<https://electionlawblog.org/?p=112066> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/2020/06/10/us/politics/lebron-james-voting-rights.html?referringSource=articleShare>:

The N.B.A. superstar LeBron James and a group of other prominent black athletes and entertainers are starting a new group aimed at protecting African-Americans’ voting rights, seizing on the widespread fury against racial injustice that has fueled worldwide protests to amplify their voices in this fall’s presidential election.

“Because of everything that’s going on, people are finally starting to listen to us — we feel like we’re finally getting a foot in the door,” Mr. James said in a phone interview on Wednesday. “How long is up to us. We don’t know. But we feel like we’re getting some ears and some attention, and this is the time for us to finally make a difference.”

The organization, called More Than a Vote, will partly be aimed at inspiring African-Americans to register and to cast a ballot in November. But as the name of the group suggests, Mr. James and other current and former basketball stars — including Trae Young, Skylar Diggins-Smith and Jalen Rose — will go well beyond traditional celebrity get-out-the-vote efforts.

Mr. James, 35, said he would use his high-profile platform on social media to combat voter suppression and would be vocal about drawing attention to any attempts to restrict the franchise of racial minorities.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Georgia’s Election Mess: Many Problems, Plenty of Blame, Few Solutions for November”<https://electionlawblog.org/?p=112064>
Posted on June 10, 2020 3:33 pm<https://electionlawblog.org/?p=112064> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/2020/06/10/us/politics/georgia-primary-election-voting.html>:

Before Georgia’s embattled election officials can fix a voting system that suffered a spectacular collapse<https://www.nytimes.com/2020/06/09/us/politics/atlanta-voting-georgia-primary.html>, leading to absentee ballots that never got delivered and hourslong waits at polling sites on Tuesday, they must first figure out who is responsible.

As multiple investigations begin into what went wrong, and as Democrats accuse the state’s Republicans of voter suppression, a picture emerged Wednesday of a systematic breakdown that both revealed general incompetence and highlighted some of the thorny and specific challenges that the coronavirus pandemic may pose to elections officials nationwide.

As it seeks answers, Georgia is being roiled by a politically volatile debate over whether the problems were the result of mere bungling, or an intentional effort by Republican officials to inhibit voting.

Brad Raffensperger, the Republican secretary of state, placed the blame on greater Atlanta’s liberal-leaning counties of Fulton and DeKalb, arguing that local officials had botched the rollout of the state’s new $107 million electronic voting system.

But Democrats, who blame Mr. Raffensperger, saw more nefarious forces at play, noting that many of the longest lines plagued predominantly black neighborhoods in and around Atlanta while rural white counties experienced relatively fewer problems.

While Tuesday’s contests were relatively low-stakes primaries, Georgia is expected to be a presidential battleground<https://www.nytimes.com/2020/06/09/us/politics/georgia-primary-election-senate-race-jon-ossoff.html> in November, as well as the site of two contested Senate races that could determine control of the chamber.
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Posted in election administration<https://electionlawblog.org/?cat=18>, Election Meltdown<https://electionlawblog.org/?cat=127>

Important NY Times Analysis: “Beyond Georgia: A Warning for November as States Scramble to Expand Vote-by-Mail”<https://electionlawblog.org/?p=112059>
Posted on June 10, 2020 12:03 pm<https://electionlawblog.org/?p=112059> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2020/06/10/us/politics/voting-by-mail-georgia.html?action=click&module=Top%20Stories&pgtype=Homepage>

The 16 statewide primary elections held during the pandemic reached a glaring nadir on Tuesday as Georgia saw a full-scale meltdown of new voting systems compounded by the state’s rapid expansion of vote-by-mail.

But around the country, elections that have been held over the past two months reveal a wildly mixed picture, dominated by different states’ experiences with a huge increase in voting by mail.

Over all, turnout in the 15 states and Washington, D.C., which rapidly expanded vote-by-mail over the past few months, remained high, sometimes at near record levels, even as the Democratic presidential primary was all but wrapped.

The good news was millions were able to vote safely, without risking their health. The bad news was a host of infrastructure and logistical issues that could have cost thousands their opportunity to vote: ballots lost in the mail; some printed on the wrong paper, with the wrong date or the wrong language; others arriving weeks after they were requested or never arriving at all.

But the most definitive lesson for November may be what many have already begun to accept — that there’s an enormous chance many states, including key battlegrounds, will not finish counting on election night. The implications are worrisome in a bitterly divided nation facing what many consider the most consequential election in memory with the loudest voice belonging to an incumbent president who is prone to promoting falsehoods about the electoral system.

More than 48 hours after polls closed on June 2, the biggest county in Indiana was still counting ballots.

Four days after its election, also on June 2, Philadelphia was still counting ballots.

“That’s just the way it is,” said Nick Custodio, a deputy commissioner of elections in Philadelphia.

In swing states like Ohio, Pennsylvania and Georgia as well as less competitive states like Maryland and Indiana, the massive expansion of vote-by-mail left many counties still counting well beyond the normal election-night deadlines.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, election administration<https://electionlawblog.org/?cat=18>

“There is no place for age discrimination in voting”<https://electionlawblog.org/?p=112057>
Posted on June 10, 2020 11:49 am<https://electionlawblog.org/?p=112057> by Rick Hasen<https://electionlawblog.org/?author=3>

Yael Bromberg, Jason Harrow, and Josh Douglas opinion piece<https://thehill.com/blogs/congress-blog/politics/501946-there-is-no-place-for-age-discrimination-in-voting> in The Hill.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Bice: Next chairman of Visit Milwaukee accused by alderman of ginning up voter fraud concerns in 2011 email”<https://electionlawblog.org/?p=112055>
Posted on June 10, 2020 11:46 am<https://electionlawblog.org/?p=112055> by Rick Hasen<https://electionlawblog.org/?author=3>

Daniel Bice<https://www.jsonline.com/story/news/politics/2020/06/10/next-chairman-visit-milwaukee-accused-ginning-up-fraud-concerns/5332707002/> for the Milwaukee Journal-Sentinel.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>

“Mail-in voting: Your 2020 election guide during the coronavirus”<https://electionlawblog.org/?p=112053>
Posted on June 10, 2020 11:45 am<https://electionlawblog.org/?p=112053> by Rick Hasen<https://electionlawblog.org/?author=3>

I was interviewed for this Washington Post video<https://www.washingtonpost.com/video/politics/mail-in-voting-your-2020-election-guide-during-the-coronavirus/2020/06/10/07592a3e-77f7-443c-b0a9-15bf0ef44434_video.html>.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, election administration<https://electionlawblog.org/?cat=18>

“‘Chaos in Georgia’: Is messy primary a November harbinger?”<https://electionlawblog.org/?p=112039>
Posted on June 10, 2020 9:32 am<https://electionlawblog.org/?p=112039> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<https://apnews.com/44b2c660322b51252fe3a47327fc91f9>:

Many Democrats blamed the Republican secretary of state for hourslong lines, voting machine malfunctions, provisional ballot shortages and absentee ballots failing to arrive in time for Tuesday’s elections. Democrat Joe Biden’s presidential campaign called it “completely unacceptable.” Georgia Republicans deflected responsibility to metro Atlanta’s heavily minority and Democratic-controlled counties, while President Donald Trump’s top campaign attorney decried “the chaos in Georgia.”

It raised the specter of a worst-case November scenario: a decisive state, like Florida and its “hanging chads”<https://apnews.com/38daae246af4465881cb2ba752f9f4be/Electoral-College-has-had-tie-votes,-hanging-chads,-chaos> and “butterfly ballots” in 2000, remaining in dispute long after polls close. Meanwhile, Trump, Biden and their supporters could offer competing claims of victory or question the election’s legitimacy, inflaming an already boiling electorate.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Postponing Federal Elections Due to Election Emergencies”<https://electionlawblog.org/?p=112036>
Posted on June 10, 2020 9:29 am<https://electionlawblog.org/?p=112036> by Rick Hasen<https://electionlawblog.org/?author=3>

Michael Morley has posted this draft<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3619213> on SSRN. Here is the abstract:

Federal Election Day didn’t just happen. Instead, it reflects the culmination of a series of federal laws enacted over the course of nearly a century that each set a uniform time for a different type of federal election. These laws grant states flexibility to hold federal elections at a later date if there is a “failure to elect” on Election Day. Earlier commentators have argued that these “failure to elect” provisions are narrow, and only authorize runoff elections in states that require candidates to receive a majority (rather than plurality) of the vote to win.

Based on a detailed examination of these provisions’ text, legislative history, and history of judicial application, this Essay argues that federal Election Day laws, including their “failure to elect” provisions, empower states to postpone or extend federal elections when an unexpected emergency prevents them from conducting or concluding a federal election on Election Day. A court may also order the postponement or extension of a federal election when necessary to prevent a constitutional or statutory violation. The Supreme Court has emphasized that courts generally should not grant such relief at the last minute, however, although unexpected emergencies may sometimes render it necessary. And a court may not order an election postponement or extension unless other, less extensive changes to the rules governing the electoral process are insufficient to remedy the constitutional or statutory violation. In the hierarchy of electoral remedies, a postponement or extension is a severe, disfavored remedy—particularly in the unique context of presidential elections—that should be employed only when other alternative would be ineffective.

Looking forward to reading this!
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

My Appearance on Chris Hayes Show: “How to stop Trump from delegitimizing the 2020 decision: election law expert explains”<https://electionlawblog.org/?p=112034>
Posted on June 10, 2020 8:38 am<https://electionlawblog.org/?p=112034> by Rick Hasen<https://electionlawblog.org/?author=3>

Watch here<https://www.msnbc.com/all-in/watch/how-to-stop-trump-from-delegitimizing-the-2020-decision-election-law-expert-explains-84822085895>.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>

--
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>
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http://electionlawblog.org<http://electionlawblog.org/>

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