[EL] Supreme Court won't intervene in Texas absentee voting case; FEC Commissioner resigns; more news

Fri Jun 26 13:18:40 PDT 2020

Supreme Court Will Not Intervene to Require Texas to Offer No-Excuse Absentee Balloting for Those Under 65 During the Primary<https://electionlawblog.org/?p=112608>
Posted on June 26, 2020 1:16 pm<https://electionlawblog.org/?p=112608> by Rick Hasen<https://electionlawblog.org/?author=3>

Adam Liptak<https://twitter.com/adamliptak/status/1276607917496639488>:
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Adam Liptak<https://twitter.com/adamliptak>
✔@adamliptak<https://twitter.com/adamliptak>

<https://twitter.com/adamliptak/status/1276607917496639488>

NEW: Supreme Court turns down request from Texas Democrats to allow everyone in the state to vote by mail, not just those over 65
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There is still a pending cert. petition before judgment pending, but Justice Sotomayor’s statement suggests the Court is unlikely to grant it at least not now.
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Posted in Supreme Court<https://electionlawblog.org/?cat=29>

Allen Dickerson, of the Institute for Free Speech, is Being Nominated to Replace Commissioner Hunter on the FEC<https://electionlawblog.org/?p=112606>
Posted on June 26, 2020 11:52 am<https://electionlawblog.org/?p=112606> by Rick Hasen<https://electionlawblog.org/?author=3>
[cid:image004.jpg at 01D64BBC.4E8F5740]<https://twitter.com/levinecarrie>
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Carrie Levine<https://twitter.com/levinecarrie>
✔@levinecarrie<https://twitter.com/levinecarrie>

 · 3h<https://twitter.com/levinecarrie/status/1276550538541367298>
<https://twitter.com/levinecarrie/status/1276550538541367298>

The FEC’s brief period of functioning appears to be over. https://twitter.com/maggieseverns/status/1276549299724324869 …<https://t.co/CZQwM22mVb>
<https://twitter.com/MaggieSeverns/status/1276549299724324869>
Maggie Severns<https://twitter.com/MaggieSeverns/status/1276549299724324869>
✔@MaggieSeverns<https://twitter.com/MaggieSeverns/status/1276549299724324869>

No more quorum for the FEC: Commissioner Caroline Hunter is leaving to join Koch-funded Stand Together, @dlippman reports https://subscriber.politicopro.com/campaigns/article/2020/06/fec-losing-quorum-again-after-caroline-hunter-resigns-1958093 …<https://twitter.com/MaggieSeverns/status/1276549299724324869>

[cid:image004.jpg at 01D64BBC.4E8F5740]<https://twitter.com/levinecarrie>
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Carrie Levine<https://twitter.com/levinecarrie>
✔@levinecarrie<https://twitter.com/levinecarrie>

Allen Dickerson of the Institute for Free Speech is the president's new @fec<https://twitter.com/FEC> nominee, per new announcement from the WH.

The president's only other @fec<https://twitter.com/FEC> nominee, Trey Trainor, was nominated in September 2017 and confirmed in May 2020.
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Posted in election law biz<https://electionlawblog.org/?cat=51>, federal election commission<https://electionlawblog.org/?cat=24>

Miles Parks Walks Through AG Barr’s Ridiculous Claims About Foreign Interference with Vote by Mail<https://electionlawblog.org/?p=112601>
Posted on June 26, 2020 10:15 am<https://electionlawblog.org/?p=112601> by Rick Hasen<https://electionlawblog.org/?author=3>

Start here<https://twitter.com/MilesParks/status/1276262175670222848>:
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Miles Parks<https://twitter.com/MilesParks>
✔@MilesParks<https://twitter.com/MilesParks>

<https://twitter.com/MilesParks/status/1276262175670222848>

NEWS: AG Barr just sat down with @NPRinskeep<https://twitter.com/NPRinskeep>, who asked him about his theory (which has been thoroughly debunked by election officials+experts) that foreign countries could print millions of ballots to interfere with mail voting in November...

Here's a walk thru of his claims
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Republican nightmare: Trump vote-by-mail demonizing driving down GOP participation”<https://electionlawblog.org/?p=112599>
Posted on June 26, 2020 10:05 am<https://electionlawblog.org/?p=112599> by Rick Hasen<https://electionlawblog.org/?author=3>

The Washington Examiner reports<https://www.washingtonexaminer.com/news/republican-nightmare-trump-vote-by-mail-demonizing-driving-down-gop-participation>.

I’ve been saying this<https://www.nydailynews.com/opinion/ny-oped-how-to-vote-during-a-pandemic-20200420-spwxu5vkgngwfdwcvyw547zoy4-story.html> for a while.
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“Did Consolidating Polling Places in Milwaukee Depress Turnout?”<https://electionlawblog.org/?p=112597>
Posted on June 26, 2020 9:46 am<https://electionlawblog.org/?p=112597> by Rick Hasen<https://electionlawblog.org/?author=3>

Brennan Center<https://www.brennancenter.org/our-work/research-reports/did-consolidating-polling-places-milwaukee-depress-turnout>:

Polling place closures did reduce turnout in the 2020 primary election. The table above indicates that turnout in Milwaukee City was depressed by roughly 8.6 percentage points. Considering that 26 percent of our control voters cast a ballot, this implies that polling place closures in the city reduced turnout by a third.

Of particular note, we found that this effect was larger for Black voters. Although polling place consolidation decreased turnout among non-Black voters by around 8.5 percentage points, it reduced turnout among Black voters by 10.2 percentage points.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“FEC losing quorum again after Caroline Hunter resigns”<https://electionlawblog.org/?p=112595>
Posted on June 26, 2020 9:41 am<https://electionlawblog.org/?p=112595> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico<https://www.politico.com/news/2020/06/26/fec-caroline-hunter-resigns-341396?nname=playbook-pm&nid=0000015a-dd3e-d536-a37b-dd7fd8af0000&nrid=0000014e-f109-dd93-ad7f-f90d0def0000&nlid=964328>:

The Federal Election Commission is losing its short-lived quorum after Caroline Hunter, a longtime Republican commissioner of the FEC and former chair of the agency, is resigning, according to a resignation letter<https://www.politico.com/f/?id=00000172-f13e-d49c-a57a-ffffb1430000> obtained by POLITICO.

Her departure from the agency means that the FEC will be unable to make major enforcement actions….

Hunter is joining the legal team of the Koch-funded group Stand Together, a nonprofit that works on criminal justice reform, education and poverty and addiction issues.
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Posted in federal election commission<https://electionlawblog.org/?cat=24>

“Joint Center Testifies Before Congress on Social Media Disinformation, Voter Suppression & Section 230”<https://electionlawblog.org/?p=112593>
Posted on June 26, 2020 8:10 am<https://electionlawblog.org/?p=112593> by Rick Hasen<https://electionlawblog.org/?author=3>

Release<https://jointcenter.org/joint-center-president-testifies-at-joint-congressional-hearing-on-disinformation-online-and-section-230/>:

On June 24, Joint Center President Spencer Overton provided expert testimony at a joint congressional hearing entitled “A Country in Crisis: How Disinformation Online is Dividing the Nation.”

During the congressional hearing, Spencer explained that both domestic and foreign actors use disinformation to divide Americans along racial lines, and mentioned a recent Gallup/Knight Foundation survey that showed 81% of Americans believe that social media companies should never allow intentionally misleading information on elections and political issues. He also explained that Section 230 of the Communications Decency Act clearly gives social media companies authority to remove disinformation, and they should use that authority to do a better job at stopping disinformation.

Spencer expressed that while some social media companies don’t remove disinformation because they say they want to “protect speech” and be “viewpoint neutral,” the harms that result from their failure to stop disinformation—such as voter suppression—are not “neutral” for Black communities.

While Spencer disagreed with President Trump’s recent executive order in retaliation to Twitter’s content moderation because it discourages social media from stopping disinformation, he acknowledged that the status quo is not working. He testified that even in the aftermath of the killing of George Floyd, there exists a real question about whether social media companies will address their own systemic shortcomings and fully embrace civil rights principles.  If legal reforms are needed, he explained that the debates should occur in Congress and should include the voices of communities of color who have been disproportionately harmed by targeted voter suppression and other disinformation campaigns.

The remote hearing was hosted by The Subcommittee on Communications and Technology and the Subcommittee on Consumer Protection and Commerce of the Committee on Energy and Commerce. Other expert panelists included Color of Change Senior Campaign Director Brandi Collins-Dexter (testimony here<https://docs.house.gov/meetings/IF/IF17/20200624/110832/HHRG-116-IF17-Wstate-Collins-DexterB-20200624.pdf>), University of California, Berkeley Professor Hany Farid (testimony here<https://docs.house.gov/meetings/IF/IF17/20200624/110832/HHRG-116-IF17-Wstate-FaridH-20200624.pdf>), and DigitalFrontiers Advocacy Principal and Former Chief Counsel for Communications and Technology Energy and Commerce Committee Neil Fried (testimony here<https://docs.house.gov/meetings/IF/IF17/20200624/110832/HHRG-116-IF17-Wstate-FriedN-20200624.pdf>).

Read Spencer’s 2-page opening remarks (here<https://jointcenter.org/wp-content/uploads/2020/06/Overton-Opening-Statement-for-Testimony-6-24-20.pdf>), full 22-page testimony (here)<https://jointcenter.org/wp-content/uploads/2020/06/Overton-Final-Testimony-for-6-24-20-Disinformation-Hearing.pdf>, and academic research on Section 230 and voter suppression (here<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3582523>).

Spencer’s written remarks<https://jointcenter.org/wp-content/uploads/2020/06/Overton-Final-Testimony-for-6-24-20-Disinformation-Hearing.pdf> note Recommendation 10 of our Fair Elections During a Crisis<https://www.law.uci.edu/faculty/full-time/hasen/2020ElectionReport.pdf> report:

Leaders in social media, election officials, government leaders, and others should promote the equal protection voting norm, enshrined in the Voting Rights Act and the Fourteenth and Fifteenth Amendments, which ban targeting voters based on race or ethnicity in an effort to suppress or dilute their vote. Social media companies have a unique responsibility to prevent the use of their platforms for efforts that would suppress votes through the spread of misinformation about voting.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Iowa Governor Signs Law Making It Harder for Secretary of State to Promote Absentee Balloting During Pandemic<https://electionlawblog.org/?p=112591>
Posted on June 26, 2020 8:04 am<https://electionlawblog.org/?p=112591> by Rick Hasen<https://electionlawblog.org/?author=3>

Des Moines Register<https://www.desmoinesregister.com/story/news/politics/2020/06/25/kim-reynolds-signs-iowa-law-limiting-secretary-state-power-elections/3223291001/>:

Gov. Kim Reynolds has signed into law new restrictions that will prevent Secretary of State Paul Pate from mailing ballot request forms to Iowans in November’s election without first seeking approval from legislators.

The law will also prohibit county election officials from decreasing the number of polling places by more than 35% during an election.

The legislation was passed by state lawmakers after Pate and county election officials took similar steps before the primary because of the coronavirus pandemic.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Federal Court Dismisses Democrats’ Ballot Order Suit in Arizona Based on Lack of Standing<https://electionlawblog.org/?p=112589>
Posted on June 26, 2020 7:57 am<https://electionlawblog.org/?p=112589> by Rick Hasen<https://electionlawblog.org/?author=3>

Details at AZ Law<https://arizonaslaw.blogspot.com/2020/06/breaking-democratic-suit-challenging.html>.
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Posted in ballot access<https://electionlawblog.org/?cat=46>

University of Chicago Law Review Online Symposium: “Pandemic Elections”<https://electionlawblog.org/?p=112587>
Posted on June 26, 2020 7:27 am<https://electionlawblog.org/?p=112587> by Rick Hasen<https://electionlawblog.org/?author=3>

You can find the articles here<https://lawreviewblog.uchicago.edu/2020/06/26/pandemic-election/>:

Featured Articles
James A. Gardner, Democratic Legitimacy Under Conditions of Severely Depressed Voter Turnout<https://lawreviewblog.uchicago.edu/2020/06/26/pandemic-gardner/>
Daniel P. Tokaji, Voter Registration in a Pandemic<https://lawreviewblog.uchicago.edu/2020/06/26/pandemic-tokaji/>
Richard H. Pildes, How to Accommodate a<https://lawreviewblog.uchicago.edu/2020/06/26/pandemic-pildes/>Massive Surge in Absentee Voting<https://lawreviewblog.uchicago.edu/2020/06/26/pandemic-pildes/>
Richard Briffault, Election Law Locali<https://lawreviewblog.uchicago.edu/2020/06/26/election-law-localism-briffault/>s<https://lawreviewblog.uchicago.edu/2020/06/26/election-law-localism-briffault/>m in the Time of COVID-19<https://lawreviewblog.uchicago.edu/2020/06/26/election-law-localism-briffault/>
Richard L. Hasen, Direct Democracy Denied: The Right to Initiative in a Pandemic<https://lawreviewblog.uchicago.edu/2020/06/26/pandemic-initiative-hasen/>
Nicholas Stephanopoulos, Election Litigation in the Time of the Pandemic<https://lawreviewblog.uchicago.edu/2020/06/26/pandemic-stephanopoulos/>

* * *

Pandemic Elections

Introduction by Miriam George1<javascript:void(0)>

The year 2020 will go down in U.S. history as a year of myriad unprecedented events that transformed American life. Just this year, the United States has grappled with the devastating effects of a pandemic that has caused the loss of hundreds of thousands of lives and livelihoods. It has seen widespread mass uprisings in response to the continued racial violence and discrimination inflicted upon African Americans. But one event of tremendous importance for U.S. economic, political, and social development is still yet to occur: the 2020 general election.

The 2020 general election will take place during a period of extreme political polarization in the United States. This election will decide who will carry our country through the challenges of the next few years and beyond. It will determine which issues the nation prioritizes and what policy changes are instituted to pursue those priorities. It is no overstatement to say that the results of the 2020 general election could change the course of American history.

As the articles in this series indicate, this year, more than ever, participation in the electoral process is critical. Yet, participation in the electoral process will face greater impediments than ever witnessed in modern times, due to the COVID-19 pandemic. These articles emphasize the crucial roles that state and local governments, election officials, the private sector, and the courts can play during this pandemic to protect our republic in 2020 and the years to come….
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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
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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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