[EL] ELB News and Commentary 6/19/20

Thu Jun 18 18:58:34 PDT 2020

Federal Court Rejects Claim to Open More Kentucky Polling Places for Upcoming Primary with Most Voting Shifted to Absentee Balloting in Light of COVID-19<https://electionlawblog.org/?p=112385>
Posted on June 18, 2020 6:56 pm<https://electionlawblog.org/?p=112385> by Rick Hasen<https://electionlawblog.org/?author=3>

Opinion here<https://www.dropbox.com/s/h2z9mqt1vks7ju2/Simpson%20polling%20place%202020-06-18%20Opinion%20Denying%20TRO.pdf?dl=0>.

Josh Douglas thread starts here<https://twitter.com/JoshuaADouglas/status/1273792125864419328>:
[cid:image001.jpg at 01D645A2.76C24530]<https://twitter.com/JoshuaADouglas>
<https://twitter.com/JoshuaADouglas>
Josh Douglas<https://twitter.com/JoshuaADouglas>
✔@JoshuaADouglas<https://twitter.com/JoshuaADouglas>

<https://twitter.com/JoshuaADouglas/status/1273792125864419328>

BREAKING: KY denies plaintiff’s claim that having only one polling place on June 23 violates the Constitution and the Voting Right Act. 1/
<https://twitter.com/intent/like?tweet_id=1273792125864419328>
28<https://twitter.com/intent/like?tweet_id=1273792125864419328>
6:38 PM - Jun 18, 2020<https://twitter.com/JoshuaADouglas/status/1273792125864419328>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/JoshuaADouglas/status/1273792125864419328>
26 people are talking about this<https://twitter.com/JoshuaADouglas/status/1273792125864419328>

[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112385&title=Federal%20Court%20Rejects%20Claim%20to%20Open%20More%20Kentucky%20Polling%20Places%20for%20Upcoming%20Primary%20with%20Most%20Voting%20Shifted%20to%20Absentee%20Balloting%20in%20Light%20of%20COVID-19>
Posted in court decisions<https://electionlawblog.org/?cat=129>, Uncategorized<https://electionlawblog.org/?cat=1>

“Facebook removes Trump ads with symbol once used by Nazis to designate political prisoners”<https://electionlawblog.org/?p=112383>
Posted on June 18, 2020 6:47 pm<https://electionlawblog.org/?p=112383> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/politics/2020/06/18/trump-campaign-runs-ads-with-marking-once-used-by-nazis-designate-political-prisoners/>:

Facebook on Thursday deactivated dozens of ads placed by President Trump’s reelection campaign that included a symbol once used by the Nazis to designate political prisoners in concentration camps.

The marking appeared as part of the campaign’s online salvo against antifa<https://www.washingtonpost.com/politics/2020/06/02/antifa-trump-terrorist-group/?itid=lk_inline_manual_3> and “far-left groups.”

A red inverted triangle was used in the 1930s to identify Communists, and was applied as well to Social Democrats, liberals, Freemasons and other members of opposition parties incarcerated by the Nazis. The badge forced on Jewish political prisoners, by contrast, featured a yellow triangle overlaid by a red triangle so as to resemble a Star of David.

The red triangle appeared in paid posts sponsored by Trump and Vice President Pence, as well as by the “Team Trump” campaign page. It was featured alongside text warning of “Dangerous MOBS” and asking users to sign a petition about antifa, a loose collection of anti-fascist activists whom the Trump administration has sought to link to recent violence, despite arrest records that show their involvement is trivial.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112383&title=%E2%80%9CFacebook%20removes%20Trump%20ads%20with%20symbol%20once%20used%20by%20Nazis%20to%20designate%20political%20prisoners%E2%80%9D>
Posted in campaigns<https://electionlawblog.org/?cat=59>

“Trump Sees Voter Fraud, But Election Chiefs in Red Counties Do Not”<https://electionlawblog.org/?p=112381>
Posted on June 18, 2020 6:43 pm<https://electionlawblog.org/?p=112381> by Rick Hasen<https://electionlawblog.org/?author=3>

Scott Shafer<https://www.kqed.org/news/11824704/trump-sees-voter-fraud-but-election-chiefs-in-red-counties-do-not> for KQED.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112381&title=%E2%80%9CTrump%20Sees%20Voter%20Fraud%2C%20But%20Election%20Chiefs%20in%20Red%20Counties%20Do%20Not%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Pa. NAACP sues state for changes to election law before November’s election”<https://electionlawblog.org/?p=112379>
Posted on June 18, 2020 6:40 pm<https://electionlawblog.org/?p=112379> by Rick Hasen<https://electionlawblog.org/?author=3>

Philly Inquirer<https://www.inquirer.com/politics/election/pennsylvania-naacp-lawsuit-2020-election-coronavirus-20200618.html>:

The Pennsylvania NAACP sued the state Thursday demanding an overhaul of the electoral system before November because, it said, the system in place for the June 2 primary was not equally accessible and disenfranchised black and Hispanic voters.

Among the changes the civil rights group seeks are stricter limitations on how many polling places a county can close, better notice of changes to locations, in-person early voting, automatic sending of mail ballot applications to all voters, and universal use of hand-marked paper ballots at polling places.

To adapt to the coronavirus pandemic in the primary, voting places were sharply limited in many counties and officials were overwhelmed by applications for mail ballots and not able to process them quickly. The changes the group is seeking are necessary, it said, because most epidemiologists expect the pandemic to continue in the fall. On June 2, voters who went to the polls had to risk their lives and health — while those who tried to vote by mail were not always able to do so<https://www.inquirer.com/politics/election/pa-mail-ballots-deadline-2020-primary-election-20200610.html>, the NAACP Pennsylvania State Conference said.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112379&title=%E2%80%9CPa.%20NAACP%20sues%20state%20for%20changes%20to%20election%20law%20before%20November%E2%80%99s%20election%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Michigan: “Judge won’t put immediate stop to Benson’s mailing of absentee ballot applications”<https://electionlawblog.org/?p=112377>
Posted on June 18, 2020 6:35 pm<https://electionlawblog.org/?p=112377> by Rick Hasen<https://electionlawblog.org/?author=3>

Detroit News:<https://www.detroitnews.com/story/news/politics/2020/06/18/judge-wont-immediately-stop-bensons-mailing-ballot-applications/3216721001/>

A Michigan Court of Claims judge denied a request Thursday to halt Secretary of State Jocelyn Benson’s mailing of absentee ballot applications to all registered voters ahead of August primary and November general elections.

Nevin Cooper-Keel, Yvonne Black and serial litigant Robert Davis argued Benson was barred from sending the applications by state law and court precedent prohibiting elected officials from mailing unsolicited absentee ballot applications.

But Judge Cynthia Stephens argued those rules don’t reflect the loosened voting restrictions enacted under a voting rights initiative approved by voters in 2018. And those cases, Stephen said, only spoke to “local elections officials,” not the secretary of state.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112377&title=Michigan%3A%20%E2%80%9CJudge%20won%E2%80%99t%20put%20immediate%20stop%20to%20Benson%E2%80%99s%20mailing%20of%20absentee%20ballot%20applications%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

ALI Podcast on Absentee Balloting<https://electionlawblog.org/?p=112375>
Posted on June 18, 2020 6:32 pm<https://electionlawblog.org/?p=112375> by Rick Hasen<https://electionlawblog.org/?author=3>

Announcement:

Absentee Balloting: Preparing for the November Election

Podcast episode explores what can be done to mitigate the risks this November

With November’s election less than five months away, and the likelihood of larger-than-average numbers of citizens requesting absentee ballots, the latest episode of Reasonably Speaking<http://ali.informz.net/z/cjUucD9taT05NDA5NTcxJnA9MSZ1PTEwNjEwMjEzODkmbGk9NzgwNTU0MTQ/index.html> brings together a panel of experts to discuss the merits and shortcomings of current vote-by-mail processes, including what went wrong in the primaries, and how the upcoming presidential election will likely face similar challenges unless changes are made.

Led by Ohio State University Moritz College of Law Professor and Associate Reporter on The American Law Institute’s now completed Principles of the Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes, Steven F. Huefner, this episode features the following speakers:

– Edward B. Foley, The Ohio State University Moritz College of Law, Reporter for The American Law Institute’s Principles of the Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes

– Justin Levitt, Loyola Marymount University Loyola Law School

– Lisa Marshall Manheim, University of Washington School of Law

The panelists discussed the importance of understanding and clearly defining the purpose of elections and how voting-by-mail complications may undermine that definition if not properly addressed. The panel also discussed effective absentee ballot administration and collection. Huefner addressed the reasons why absentee ballots often take inordinate amounts of time to process, but how as result of the pandemic more people are turning to mail-in voting than ever before:

“The primary reason that certifying the results takes some time is because the election officials are taking appropriate steps to make sure the count is accurate. And in particular, with respect to mail-in ballots, there is a process by which each individual ballot is verified to make sure that it is coming from an eligible voter. That is a more cumbersome process. Pre-COVID there were reasons to favor in-person voting over mail-in voting. We now live in a new world where voting in-person has risks. We did not anticipate that before.”

Other forms of alternative voting systems, such as the use of emergency backup ballots by military and overseas voters, were also discussed. The panel voiced concerns at how these kinds of ballots could be translated for use by the general public, and how individual limitations, particularly those resulting from COVID-19, could lead to greater issues and disenfranchisement among voters.

The discussion closed with all of the panelists stressing the extreme importance of voting, and making sure that process, whether in-person or vote-by-mail, is not only effective, but accessible to everyone. Ned Foley shared his hope that November’s election will not have to face the same issues as the primaries, “… if we fail to meet that standard of giving every eligible voter the opportunity to vote, then we have to honestly say we failed our own national commitment that we’ve made to ourselves since the adoption of the Voting Rights Act. And I hope we don’t have to say that about the election this year.”

In addition to the content explored in this episode, and in an effort to provide election officials with information regarding the implementation of proper procedures for absentee voting, ALI is making Part I of Principles of the Law, Election Administration<http://ali.informz.net/z/cjUucD9taT05NDA5NTcxJnA9MSZ1PTEwNjEwMjEzODkmbGk9NzgwNTU0MTU/index.html> available for free download. The principles apply to any type of elective office and are structured to be useful to multiple audiences, including state legislatures, state courts, and state officers such as secretaries of state and local election officials.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112375&title=ALI%20Podcast%20on%20Absentee%20Balloting>
Posted in absentee ballots<https://electionlawblog.org/?cat=53>

“California lawmakers pass November mail-ballot bill — with surprising GOP support”<https://electionlawblog.org/?p=112367>
Posted on June 18, 2020 10:47 am<https://electionlawblog.org/?p=112367> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico<https://www.politico.com/states/california/story/2020/06/18/california-lawmakers-pass-november-mail-ballot-bill-with-surprising-gop-support-1293679>:

California lawmakers sent Gov. Gavin Newsom a bill Thursday that would bolster California’s plan to mail every voter a ballot for the November election — and passed it with support from several Republicans, despite monthslong criticism of absentee voting from President Donald Trump and other GOP leaders.

Newsom has already ordered county elections officials to send all eligible Californians ballots in an effort to prevent the general election from becoming a coronavirus health hazard. But that directive has drawn multiple legal challenges — including from the California Republican Party — so enshrining the all-mail mandate in statute puts it on stronger legal footing….

Republicans who supported the bill commended language ensuring that ballots will not be mailed to inactive voters who have not participated in recent elections. The Trump administration has seized on a lawsuit finding inactive voters on the rolls to falsely claim California is mailing ballots to ineligible voters.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112367&title=%E2%80%9CCalifornia%20lawmakers%20pass%20November%20mail-ballot%20bill%20%E2%80%94%20with%20surprising%20GOP%20support%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Progressive donor group announces $59M vote-by-mail campaign”<https://electionlawblog.org/?p=112365>
Posted on June 18, 2020 10:22 am<https://electionlawblog.org/?p=112365> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<https://apnews.com/7515f532e065d46491f96cce1c333688>:

A network of deep-pocketed progressive donors is launching a $59 million effort to encourage people of color to vote by mail in November, a step many Democrats view as crucial to turning out the party’s base during the coronavirus pandemic<https://apnews.com/VirusOutbreak>.

A nonprofit arm of the donor network Way to Win is working with philanthropic organizations including the Ford Foundation and George Soros’ Open Society to raise the money. The network has already donated $50 million this cycle, which has largely gone to groups in battleground states including Michigan, North Carolina, Florida, Georgia and Arizona.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112365&title=%E2%80%9CProgressive%20donor%20group%20announces%20%2459M%20vote-by-mail%20campaign%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“The Conservative Case for Expanded Access to Absentee Ballots”<https://electionlawblog.org/?p=112363>
Posted on June 18, 2020 8:40 am<https://electionlawblog.org/?p=112363> by Rick Hasen<https://electionlawblog.org/?author=3>

New report<https://www.rstreet.org/2020/06/17/the-conservative-case-for-expanded-access-to-absentee-ballots/> from R Street.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112363&title=%E2%80%9CThe%20Conservative%20Case%20for%20Expanded%20Access%20to%20Absentee%20Ballots%E2%80%9D>
Posted in absentee ballots<https://electionlawblog.org/?cat=53>

“Be patient on election night 2020: Counting the returns will take time”<https://electionlawblog.org/?p=112361>
Posted on June 18, 2020 8:37 am<https://electionlawblog.org/?p=112361> by Rick Hasen<https://electionlawblog.org/?author=3>

Important story <https://www.politifact.com/article/2020/jun/18/warning-election-night-2020-everyone-be-patient/> from Politifact, which cites our report, Fair Elections During a Crisis<https://www.law.uci.edu/faculty/full-time/hasen/2020ElectionReport.pdf>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112361&title=%E2%80%9CBe%20patient%20on%20election%20night%202020%3A%20Counting%20the%20returns%20will%20take%20time%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

In Pennsylvania’s Recent Primary, More Democrats Voted by Mail and More Republicans in Person: Big National Implications for November<https://electionlawblog.org/?p=112359>
Posted on June 18, 2020 8:31 am<https://electionlawblog.org/?p=112359> by Rick Hasen<https://electionlawblog.org/?author=3>

If this pattern holds for November and nationwide, it means that Trump could be leading in places on election night only to have the outcome change as absentee ballots are counted in coming days.

Jonathan Lai<https://twitter.com/Elaijuh/status/1273595449111388165>:
[cid:image003.jpg at 01D645A2.76C24530]<https://twitter.com/Elaijuh>
<https://twitter.com/Elaijuh>
Jonathan Lai [🙊]  賴柏羽<https://twitter.com/Elaijuh>
✔@Elaijuh<https://twitter.com/Elaijuh>

<https://twitter.com/Elaijuh/status/1273595449111388165>

In Pennsylvania’s first election in which anyone could vote by mail, there was a partisan split in vote method.

Most Democrats voted by mail. Most Republicans voted in person. at JonathanTamari<https://twitter.com/JonathanTamari>, @JuliaTerruso<https://twitter.com/JuliaTerruso>, and I looked at the primary results:https://www.inquirer.com/politics/election/pa-primary-election-results-biden-trump-20200618.html …<https://t.co/xKABura5ow>
[View image on Twitter]<https://twitter.com/Elaijuh/status/1273595449111388165/photo/1>
<https://twitter.com/intent/like?tweet_id=1273595449111388165>
81<https://twitter.com/intent/like?tweet_id=1273595449111388165>
5:36 AM - Jun 18, 2020<https://twitter.com/Elaijuh/status/1273595449111388165>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
<https://twitter.com/Elaijuh/status/1273595449111388165>
69 people are talking about this<https://twitter.com/Elaijuh/status/1273595449111388165>

[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112359&title=In%20Pennsylvania%E2%80%99s%20Recent%20Primary%2C%20More%20Democrats%20Voted%20by%20Mail%20and%20More%20Republicans%20in%20Person%3A%20Big%20National%20Implications%20for%20November>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Delaware Quietly Fielded An Online Voting System, But Now Is Backing Away”<https://electionlawblog.org/?p=112357>
Posted on June 18, 2020 8:27 am<https://electionlawblog.org/?p=112357> by Rick Hasen<https://electionlawblog.org/?author=3>

NPR reports.<https://www.npr.org/2020/06/18/879210099/delaware-quietly-fielded-an-online-voting-system-but-now-is-backing-away?utm_source=twitter.com&utm_campaign=politics&utm_medium=social&utm_term=nprnews>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112357&title=%E2%80%9CDelaware%20Quietly%20Fielded%20An%20Online%20Voting%20System%2C%20But%20Now%20Is%20Backing%20Away%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Former elections chief charged with 34 felony counts for illegal campaign spending, perjury”<https://electionlawblog.org/?p=112355>
Posted on June 18, 2020 8:24 am<https://electionlawblog.org/?p=112355> by Rick Hasen<https://electionlawblog.org/?author=3>

The Mercury News reports<https://www.mercurynews.com/2020/06/17/former-elections-chief-charged-with-34-felony-counts-for-illegal-campaign-spending-perjury/>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112355&title=%E2%80%9CFormer%20elections%20chief%20charged%20with%2034%20felony%20counts%20for%20illegal%20campaign%20spending%2C%20perjury%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>

New FEC Commissioner Trey Trainor, Not Sure If He Will Recuse in Cases Involving Trump Campaign Despite Having Served as Lawyer for It, Expresses Skepticism About Existence of “Dark Money”<https://electionlawblog.org/?p=112353>
Posted on June 18, 2020 8:20 am<https://electionlawblog.org/?p=112353> by Rick Hasen<https://electionlawblog.org/?author=3>

Revealing Dave Levinthal interview<http://davelevinthal.com/blog/>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D112353&title=New%20FEC%20Commissioner%20Trey%20Trainor%2C%20Not%20Sure%20If%20He%20Will%20Recuse%20in%20Cases%20Involving%20Trump%20Campaign%20Despite%20Having%20Served%20as%20Lawyer%20for%20It%2C%20Expresses%20Skepticism%20About%20Existence%20of%20%E2%80%9CDark%20Money%E2%80%9D>
Posted in campaign finance<https://electionlawblog.org/?cat=10>, federal election commission<https://electionlawblog.org/?cat=24>

--
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/>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200619/fb681b35/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3151 bytes
Desc: image001.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200619/fb681b35/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 2021 bytes
Desc: image002.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200619/fb681b35/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 3329 bytes
Desc: image003.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200619/fb681b35/attachment-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 1297 bytes
Desc: image004.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200619/fb681b35/attachment-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 78935 bytes
Desc: image005.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200619/fb681b35/attachment-0002.png>