[EL] ELB News and Commentary 5/3/20

Rick Hasen rhasen at law.uci.edu
Sun May 3 12:49:38 PDT 2020


Jonathan Bernstein on Our “Fair Elections in a Crisis” Report: “How to Hold a Fair Election in November The logistics can be managed. It’s the threat-to-democracy part that’s challenging.”<https://electionlawblog.org/?p=111142>
Posted on May 3, 2020 12:41 pm<https://electionlawblog.org/?p=111142> by Rick Hasen<https://electionlawblog.org/?author=3>

Jonathan Bernstein<https://www.bloomberg.com/opinion/articles/2020-05-03/2020-vote-how-to-hold-a-fair-election-in-november> for Bloomberg Opinion:

There’s no question about it: Holding successful elections under current conditions is going to be difficult.

The good news is that a group of experts put together by election-law maven Rick Hasen, the Ad Hoc Committee for 2020 Election Fairness and Legitimacy, has thought through many of the major issues and published solid recommendations for getting it right this November<https://www.law.uci.edu/faculty/full-time/hasen/2020ElectionReport.pdf>. Now we’ll see whether politicians and the media will follow through.

How to work around the pandemic? What’s needed, Hasen’s group says, is an approach that allows for several methods of voting. Mail voting should be an important piece of this, and no-excuse absentee voting (meaning you don’t have to explain why you are casting your ballot that way) extended to those states that don’t have it.

The overall strategy: “Having a diversity of avenues for voting — in-person, absentee, curbside, on-site at hospitals and other such facilities — enhances the stability of the system, maximizing the likelihood that elections may continue despite whatever unexpected threat emerges.” No one knows how difficult in-person voting will be by the fall, but states should prepare for the worst — and Congress should immediately provide emergency funding, with up to $2 billion needed.

I’d support such spending because democracy is worth spending money on. If this perhaps idealistic reason isn’t enough, there’s sufficient practical justification for the U.S. to make sure its elections are run well. No one wants the uncertainty of an extended contested election with complaints like those we heard about the recent Wisconsin primary or the Iowa caucuses in February.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Western NC counties adjust 2nd primary plans due to pandemic”<https://electionlawblog.org/?p=111140>
Posted on May 3, 2020 12:05 pm<https://electionlawblog.org/?p=111140> by Rick Hasen<https://electionlawblog.org/?author=3>

Carolina Public Press<https://carolinapublicpress.org/30401/western-nc-counties-adjust-2nd-primary-plans-due-to-pandemic/>:

Several Western North Carolina counties are sharply cutting the number of polling places for the June 23 second primary in Congressional District 11.

The counties, as well as the state Board of Elections, are also seeking additional rule changes and funding from the state legislature for election staffing, protective gear, cleaning supplies and mail-in ballot processing.

This situation offers a potential preview for statewide changes that could be in order if the COVID-19 pandemic is not resolved in time for the general election.

At least four counties — Madison, Mitchell, Transylvania and Yancey — have had polling place closures approved by the state Board of Elections, with Buncombe expecting its request to be approved shortly.

See also this letter<https://s3.amazonaws.com/dl.ncsbe.gov/Outreach/Coronavirus/CD11LegislativeLetter.pdf>:

We write as Republican and Democratic members of the county boards of elections in Congressional District 11 with an urgent request.

As we prepare to administer the runoff election (Second Primary) on June 23, we are learning that many of our regular poll workers are reluctant to serve. A large percent of them are elderly and are genuinely concerned about their health. In addition, some of our polling places are now being used by other agencies for emergency purposes. If we must change or combine polling places because of a poll worker shortage or a need for alternative locations, we must place a public notice in the media by May 9th and must mail notices to all affected voters by May 23rd.
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Posted in election administration<https://electionlawblog.org/?cat=18>


“A Conservative Legal Group Significantly Miscalculated Data in a Report on Mail-In Voting; President Trump touted a new report on voter fraud, but ProPublica found a critical error with the data. Even with the correction, experts say the report is misleading.”<https://electionlawblog.org/?p=111138>
Posted on May 3, 2020 11:53 am<https://electionlawblog.org/?p=111138> by Rick Hasen<https://electionlawblog.org/?author=3>

ProPublica<https://www.propublica.org/article/a-conservative-legal-group-significantly-miscalculated-data-in-a-report-on-mail-in-voting>:

In an April report that warns of the risks of fraud in mail-in voting, a conservative legal group significantly inflated a key statistic, a ProPublica analysis found. The Public Interest Legal Foundation reported that more than 1 million ballots sent out to voters in 2018 were returned as undeliverable. Taken at face value, that would represent a 91% increase over the number of undeliverable mail ballots in 2016, a sign that a vote-by-mail system would be a “catastrophe” for elections, the group argued.

However, after ProPublica provided evidence to PILF that it had in fact doubled the official government numbers, the organization corrected its figure<https://publicinterestlegal.org/files/Mail-Voting-2012_2018-1P.pdf>. The number of undeliverable mail ballots dropped slightly from 2016 to 2018.

The PILF report said that one in five mail ballots issued between 2012 and 2018, a total of 28.3 million, were not returned by voters and were “missing,” which, according to the organization, creates an opportunity for fraud. In a May 1 tweet<https://twitter.com/realDonaldTrump/status/1256366878873792512> that included a link to coverage of the report, President Donald Trump wrote: “Don’t allow RIGGED ELECTIONS.”

PILF regularly sues state and local election officials to force them to purge some voters from registration rolls, including those it claims have duplicate registrations from another state or who are dead. It is headed by J. Christian Adams, a former Justice Department attorney who was a member of the Trump administration’s disbanded commission on election integrity<https://www.propublica.org/article/a-short-history-of-the-brief-and-bumpy-life-of-the-voting-fraud-commission>.

The report describes as “missing” all mail ballots that were delivered to a valid address but not returned to be counted. In a statement accompanying the report, Adams said that unaccounted-for ballots “represent 28 million opportunities for someone to cheat.” In particular, the organization argues that the number of unreturned ballots would grow if more states adopt voting by mail.

Experts who study voting and use the same data PILF used in the report, which is from the Election Administration and Voting Survey<https://www.eac.gov/research-and-data/datasets-codebooks-and-surveys> produced by the federal Election Assistance Commission, say that it’s wrong to describe unreturned ballots as missing.

“Election officials ‘know’ what happened to those ballots,” said Paul Gronke, a professor at Reed College, who is the director of the Early Voting Information Center<https://evic.reed.edu/>, a research group based there. “They were received by eligible citizens and not filled out. Where are they now? Most likely, in landfills,” Gronke said by email.

A recent RealClear Politics article<https://www.realclearpolitics.com/articles/2020/04/24/28_million_mail-in_ballots_went_missing_in_last_four_elections_143033.html> based on the PILF report suggested that an increase in voting by mail this year could make the kind of fraud uncovered in North Carolina’s 9th Congressional District in 2018 more likely. In that case, a political consultant to a Republican candidate was indicted on charges of absentee ballot fraud for overseeing a paid ballot collection operation. “The potential to affect elections by chasing down unused mail-in ballots and make sure they get counted — using methods that may or may not be legal — is great,” the article argues.

PILF’s report was mentioned in other news outlets including the Grand Junction Sentinel<https://www.gjsentinel.com/opinion/columns/too-many-questions-swirl-around-mail-ballots/article_72c62550-89bd-11ea-bb82-df0b93bdcbf3.html> in Colorado, “PBS NewsHour<https://www.pbs.org/newshour/politics/weve-got-to-get-going-states-under-pressure-to-plan-for-the-general-election-amid-a-pandemic>” and the New York Post<https://nypost.com/2020/04/26/the-mail-in-ballot-mess-and-other-commentary/>. The Washington Times repeated<https://www.washingtontimes.com/news/2020/apr/13/millions-mail-ballots-went-missing-2018-report/> the inaccurate claim of 1 million undeliverable mail ballots.

In a statement<https://www.voteathome.org/wp-content/uploads/2020/04/Not-28M-missing-ballots.pdf>, the National Vote at Home Institute, an advocacy group, challenged the characterization of the 28.3 million ballots as missing. Of those ballots, 12 million were mailed by election officials in Colorado, Oregon and Washington, which by law send a mail-in ballot to every registered voter, roughly 30% of which are not returned for any given election. “Conflating voters choosing not to cast their ballots with ‘missing’ ballots is a fundamental flaw,” the statement reads.

In an interview, Logan Churchwell, the communications director for PILF, acknowledged the error in the number of undelivered ballots, but defended the report’s conclusions, saying that it showed potential vulnerabilities in the voting system. “Election officials send these ballots out in the mail, and for them to say ‘I have no idea what happened after that’ speaks more to the investments they haven’t made to track them,” he said in a telephone interview.

But 36 states have adopted processes where voters and local officials can track the status of mail ballots through delivery, much like they can track packages delivered to a home. Churchwell said there are other explanations why mail ballots are not returned and that state and local election officials could report more information about the status of mail ballots. “If you know a ballot got to a house, you can credibly say that ballot’s status is not unknown,” he said.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>


Ohio: “9K local voters didn’t get requested ballots”<https://electionlawblog.org/?p=111136>
Posted on May 3, 2020 11:46 am<https://electionlawblog.org/?p=111136> by Rick Hasen<https://electionlawblog.org/?author=3>

Dayton Daily News:<https://epaper.daytondailynews.com/popovers/dynamic_article_popover.aspx?guid=682a56de-853f-493e-a40c-cda1bf7ae73b&pbid=66ab59ea-5cfc-438d-83e4-dc9e4a34f79d&utm_source=app.pagesuite&utm_medium=app-interaction&utm_campaign=pagesuite-epaper-html5_share-article>

Nearly 9,000 voters who requested absentee ballots to vote in last week’s primary election in six local counties didn’t get a ballot because their request was either mailed too late or improperly filled out, a Dayton Daily News analysis found.

This illustrates obstacles for state and local elections officials gearing up for a much-larger presidential election in November where an unprecedented number of people may opt for mail-in voting because of coronavirus concerns.

Absentee ballot request forms mailed before the election continued pouring in to local elections boards for days after the primary election day of April 28, officials said. Interviews with Butler, Clark, Greene, Miami, Montgomery and Warren county elections officials estimate the number of requests received after the deadline at more than 4,000 in those counties two days after the election, with more still coming in.
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Posted in election administration<https://electionlawblog.org/?cat=18>


Idaho: “Ada County had to reissue 7,000 ballots for May primary. Here’s how things went wrong”<https://electionlawblog.org/?p=111134>
Posted on May 3, 2020 11:37 am<https://electionlawblog.org/?p=111134> by Rick Hasen<https://electionlawblog.org/?author=3>

The Idaho Statesman reports<https://www.idahostatesman.com/news/politics-government/state-politics/article242373146.html>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


ABA Survey: Majority Now Support Online Voting; 72 Percent Support Early Voting in Light of Pandemic<https://electionlawblog.org/?p=111132>
Posted on May 1, 2020 4:45 pm<https://electionlawblog.org/?p=111132> by Rick Hasen<https://electionlawblog.org/?author=3>

ABA<https://www.americanbar.org/content/dam/aba/administrative/news/2020/05/survey-of-civic-literacy-2020.pdf>:

In the midst of a nationwide debate over when and how voting can take place during the COVID-19 pandemic, U.S. residents have undergone a dramatic shift in their support of online voting. As the pandemic continues, mor than half (55%) of adults in the U.S. now support online voting. This is a significant increase from the 34% who said they supported online voting when asked before the pandemic had fully struck the U.S., according to polling by the American Bar Association as part of its ABA 2020 Survey of Civic Literacy. In a survey update conducted April 7-11, 2020, opposition to online voting dropped 23 percentage points to 40% from 63%, a change the pollster termed “earthshattering.”

…

Permitting voting before the official Election Day, a source of dispute in some states as mail-in absentee voting surges, remained a popular option. Support dropped slightly, from 78% before the pandemic spread, to 72% during the crisis.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


New Lawsuit Over Tennessee Absentee Ballot Rules in Light of COVID-19<https://electionlawblog.org/?p=111129>
Posted on May 1, 2020 3:43 pm<https://electionlawblog.org/?p=111129> by Rick Hasen<https://electionlawblog.org/?author=3>

Release via email:

The state of Tennessee imposes strict limits on eligibility for voting absentee and uses criminal penalties to deter people from assisting voters with obtaining absentee ballots. In the midst of a global pandemic, the Lawyers’ Committee for Civil Rights Under Law<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUZca-2FLDMQC6luOOns3U2kmdkEGbNeAk-2FWDpQkYbPFV8aR5k6_LYw3uDP5U2cmeBBe07KqI8AzZYA0AXw8fCnkHEVTP6CkfRLHjg1cuOsDjSq4rOK2frZFOU9MKjFaw4dPHVdUzeE1pYlmhF6fDBaKBZuSK9WSc0HO5BTo0F3QppJKsbj5X6536MBWOhqfU2SR4h4F1BIwhU3yfyZ7WZSCD-2BmOl7a-2BPiGACSWf1-2BBJCqi3pte3PpORpBb-2FGsOcaawia0bQrzpP33NotmNueUneCCqtjeYklVFiNsUIfjWy7xojTodu0yt1hbCr9eohjKrpJ5JCo60isGOUrgHqY7Ww-2FshdMNf9PluEugDWOamRzOh-2B7aXWnXMUyL55wVZlU5w5zR5ZsRBXwWrubRiO1RjuW-2FRysZ4-3D> and the Campaign Legal Center<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUYYBmOkLaGdivNV6EGBvsx1ogsBmswpxO3tpF324ytMiK0e0_LYw3uDP5U2cmeBBe07KqI8AzZYA0AXw8fCnkHEVTP6CkfRLHjg1cuOsDjSq4rOK2frZFOU9MKjFaw4dPHVdUzeE1pYlmhF6fDBaKBZuSK9WSc0HO5BTo0F3QppJKsbj5X6536MBWOhqfU2SR4h4F1BIwhU3yfyZ7WZSCD-2BmOl7a-2BPiGACSWf1-2BBJCqi3pte3n1STPjG0Mv6mcFI10qvOk-2Bs8dd76n30T5CFpWjw7IHE2aDGKbte8Y-2F-2FL3bDdkcXu1imlQxUUUR1y-2BW1ucIWqyTDW4pajYqnfUWOxgbBmnflbggWyiNSMS-2FgnG6X8K4xUgesCdWKf9SExpGtEI5RD5sCVyOgTwLdtQOl5U9CWoSo-3D> filed a lawsuit today on behalf of two individual voters and organizations whose many members are not eligible for vote by mail under current law, but wish to avoid exposing themselves or elderly family members to coronavirus.

“It is more difficult to cast an absentee ballot in Tennessee than in most other states. This is bad enough in normal times, but Tennessee’s laws are particularly offensive during a time when more voters than ever before need to vote by mail because of the current public health crisis,” said Kristen Clarke<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUZca-2FLDMQC6luOOns3U2kmebIv7kjvUjx4-2FEvCD4DSayrB7WMW9kdOqKveIz8VfbJw-3D-3DTTmr_LYw3uDP5U2cmeBBe07KqI8AzZYA0AXw8fCnkHEVTP6CkfRLHjg1cuOsDjSq4rOK2frZFOU9MKjFaw4dPHVdUzeE1pYlmhF6fDBaKBZuSK9WSc0HO5BTo0F3QppJKsbj5X6536MBWOhqfU2SR4h4F1BIwhU3yfyZ7WZSCD-2BmOl7a-2BPiGACSWf1-2BBJCqi3pte33NUgYad5M77lJe7M8agzufivQhsNu5ucwz9s2O2bo1bIcGFufspsaTfAOp3tK4F9v8CSVVXrj-2FnWY-2Ba-2FJWl4HxIYCtUjpLGTHXnkp0NI206rGyep1MvCkBG0OT0NuSEgwNZm5ysrhoWh8CP2EX24wQPrwHmlCypp5x838KORItQ-3D>, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law. “Criminalizing the mere provision of a request for an absentee ballot is outrageous under any circumstances. Failure to provide a procedure for voters whose absentee ballots were rejected because their signatures did not match signatures on record is fundamentally unfair. And not allowing voters to vote by absentee ballot if they fear that they or their loved ones would contract COVID-19 if they vote in person effectively takes away their right to vote.” …

To read the complaint, click here<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUZca-2FLDMQC6luOOns3U2kmf64oMHH6Kqo4Ib5LvJAQTWRQAGkwJaelAFveGL7rSIzIT2Zq7icl6-2FuqjgLTLy7ma40EqPWTROuUA-2FtRgNx7MmJGLj0vDxX0pBFR2myQz5Lw-3D-3DyYT0_LYw3uDP5U2cmeBBe07KqI8AzZYA0AXw8fCnkHEVTP6CkfRLHjg1cuOsDjSq4rOK2frZFOU9MKjFaw4dPHVdUzeE1pYlmhF6fDBaKBZuSK9WSc0HO5BTo0F3QppJKsbj5X6536MBWOhqfU2SR4h4F1BIwhU3yfyZ7WZSCD-2BmOl7a-2BPiGACSWf1-2BBJCqi3pte3GGlV6isl-2FYJqYbUcv5-2FdKQVyBzI50OPhuRAYdZad9gdCkbIiCQi97ZEEIBD5JhTUE3JkFSDtFvMcmr2T1j2FHfDbEqO6PwRTYLnJ144izvr52xh0xLp-2BW0YfPLW2b7A0tPcQ4VlOlxHSWXCTzXTusN6Js2H75MIeFuAjxMGZzuk-3D>.
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Posted in election administration<https://electionlawblog.org/?cat=18>


“LWV of North Dakota Files Lawsuit for Fair Ballot Signature Match Process”<https://electionlawblog.org/?p=111125>
Posted on May 1, 2020 1:17 pm<https://electionlawblog.org/?p=111125> by Rick Hasen<https://electionlawblog.org/?author=3>

Release via email:

Today, the League of Women Voters of North Dakota filed a lawsuit asking the United States District Court of North Dakota to provide relief for voters from the state’s burdensome signature match policy. Currently, North Dakota voters are not notified when their ballot is rejected due to a technical error such as signature mismatch, and there is no method for them to provide verification or cure the mistake to remedy their rejected ballots.

“North Dakota’s signature match system is prone to errors, which means too many ballots are incorrectly rejected,” said Jan Lynch, President of the League of Women Voters of North Dakota. “Without clear notification and a way for voters to cure their ballots, too many voters are disenfranchised by this process. Most often, these are people who already struggle with ballot access: those with disabilities, the elderly, young people, and those who learned to write in a first language that is not English.”

Under the threat of a viral pandemic, the number of votes cast by mail is expected to surge—especially in the state’s June primary election, when vote-by-mail is voters’ only option. The presence of COVID-19 raises the importance of having a smooth vote-by-mail system in which voters can have confidence that when they follow the rules and cast a valid ballot, their vote will be counted.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“LDF, SPLC, and ADAP File Federal Lawsuit Challenging Alabama’s Lack of Safe and Accessible Voting During COVID-19 Pandemic”<https://electionlawblog.org/?p=111123>
Posted on May 1, 2020 1:15 pm<https://electionlawblog.org/?p=111123> by Rick Hasen<https://electionlawblog.org/?author=3>

Release via email:

Today, the NAACP Legal Defense and Educational Fund, Inc. (LDF),the Southern Poverty Law Center (SPLC), and the Alabama Disabilities Advocacy Program (ADAP) filed a federal lawsuit<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUR-2B7SayWy6XrPXypywjEFVI2ez4rVY2fwWNWdGfMmhPM6qepaqN-2BIz4lU0eCj-2BnEeDjcMuTqGhoXoxqFwrxiT0yDVdd-2Bd1TJ5fsCS8DFZU8dMssI_LYw3uDP5U2cmeBBe07KqI8AzZYA0AXw8fCnkHEVTP6CkfRLHjg1cuOsDjSq4rOK2frZFOU9MKjFaw4dPHVdUzeE1pYlmhF6fDBaKBZuSK9WF0nHcMvmYq-2FgHlhsCIyq7MK7f0LPBuB5XSl28BwKu3Qmak1WBVQIR289Rkqs6-2BDSxFB-2B8bdfyyV7ggJkp3qDBP2ZzWDEGZkxWjv8pEW9Ezz4YNyiQ-2FdOcEqTeLS5DWv036n7Lfb2YOqm9L1kFNM5eZBQLbFbew5mnH9o00tXJhTbAr83ZSPC-2F03ikVr-2FYiUb31I3HeKr0sqpappDyxqLgVMY-2B2EfONJyZpbYj7jXh8eO3Q3efGCpnaV8BcMN-2BlRg-3D> against Alabama Governor Kay Ivey, Secretary of State John Merrill, and others over the state’s lack of safe and accessible voting processes amid the COVID-19 pandemic. The lawsuit was filed on behalf of People First of Alabama, Greater Birmingham Ministries, the Alabama State Conference of the NAACP, and four individual voters with medical conditions that make them especially vulnerable to death or serious illness from COVID-19. The lawsuit requests that the court instruct state officials to make absentee and in-person voting more accessible to protect the health and safety of Alabama voters.

The lawsuit also notes that these measures are particularly important for older voters, voters with disabilities, and African American voters, who have been severely and disproportionately affected by COVID-19. Despite making up around one-fourth of the state’s population, Black people account for 45 percent of Alabama’s COVID-19-related deaths.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Despite Court Ruling to the Contrary, Texas AG Continues to Threaten Criminal Penalties for Advising Voters Who Wish to Vote By Mail That Fear of Contracting COVID-19 is a Valid Excuse for Voting<https://electionlawblog.org/?p=111121>
Posted on May 1, 2020 1:14 pm<https://electionlawblog.org/?p=111121> by Rick Hasen<https://electionlawblog.org/?author=3>

This<https://t.co/HHvxMKB4Kc> is something else<https://twitter.com/alexazura/status/1256314487822581762>:
[cid:image002.jpg at 01D62149.4E334380]<https://twitter.com/alexazura>
<https://twitter.com/alexazura>
Alexa Ura<https://twitter.com/alexazura>
✔@alexazura<https://twitter.com/alexazura>

<https://twitter.com/alexazura/status/1256314487822581762>


Latest in voting-by-mail fight, @TXAG<https://twitter.com/TXAG> pens letter telling county election officials that eligibility based on disability has not been expanded: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2020/Press/Mail-in%20Ballot%20Guidance%20Letter_05012020.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= …<https://t.co/HHvxMKB4Kc>

Paxton, in part, cites the state's appeal of district judge's decision: https://www.texastribune.org/2020/04/15/texas-judge-will-issue-order-could-greatly-expand-mail-voting/ …<https://t.co/4TXuBFNqS7> #txlege<https://twitter.com/hashtag/txlege?src=hash>
<https://t.co/4TXuBFNqS7>
[Voting signs near the Travis County Granger Building election site on Election Day, Nov. 5, 2019.]<https://t.co/4TXuBFNqS7>
Texas judge issues order that could greatly expand mail-in voting<https://t.co/4TXuBFNqS7>

A state district judge issued a temporary injunction expanding who can qualify for an absentee ballot for the upcoming elections. The decision faces certain appeal as Democrats and Republicans clas...<https://t.co/4TXuBFNqS7>
texastribune.org<https://t.co/4TXuBFNqS7>

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UPDATE: Josh Blackman makes the important point that the effect of appealing the trial court’s ruling has put that ruling on an automatic stay pending appeal. So that means that the AG is not violating a court order by sending out this guidance.

But threatening to lock people up for asking for an absentee ballot if they are afraid of getting COVID-19, especially in light of a court holding reading the statute to allow such voters to vote by absentee ballot, remains despicable.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111121&title=Despite%20Court%20Ruling%20to%20the%20Contrary%2C%20Texas%20AG%20Continues%20to%20Threaten%20Criminal%20Penalties%20for%20Advising%20Voters%20Who%20Wish%20to%20Vote%20By%20Mail%20That%20Fear%20of%20Contracting%20COVID-19%20is%20a%20Valid%20Excuse%20for%20Voting>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Vote at Home: “There Were NOT 28 Million ‘Missing’ Mailed Ballots”<https://electionlawblog.org/?p=111119>
Posted on May 1, 2020 1:07 pm<https://electionlawblog.org/?p=111119> by Rick Hasen<https://electionlawblog.org/?author=3>

Fact check.<https://www.voteathome.org/wp-content/uploads/2020/04/Not-28M-missing-ballots.pdf>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111119&title=Vote%20at%20Home%3A%20%E2%80%9CThere%20Were%20NOT%2028%20Million%20%E2%80%98Missing%E2%80%99%20Mailed%20Ballots%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Federal District Court, in Thoughtful Opinion, Denies Motion to Require Georgia Provide Return Postage for Return of Absentee Ballots in Primary Election, But Confirms That Third Parties May Provide Stamps to Voters Returning Ballots<https://electionlawblog.org/?p=111117>
Posted on May 1, 2020 9:21 am<https://electionlawblog.org/?p=111117> by Rick Hasen<https://electionlawblog.org/?author=3>

You can read the opinion here<https://www.courtlistener.com/recap/gov.uscourts.gand.275762/gov.uscourts.gand.275762.83.0.pdf>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111117&title=Federal%20District%20Court%2C%20in%20Thoughtful%20Opinion%2C%20Denies%20Motion%20to%20Require%20Georgia%20Provide%20Return%20Postage%20for%20Return%20of%20Absentee%20Ballots%20in%20Primary%20Election%2C%20But%20Confirms%20That%20Third%20Parties%20May%20Provide%20Stamps%20to%20Voters%20Returning%20Ballots>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Proposing a commission of prominent Americans to monitor our elections”<https://electionlawblog.org/?p=111115>
Posted on May 1, 2020 9:05 am<https://electionlawblog.org/?p=111115> by Rick Hasen<https://electionlawblog.org/?author=3>

Larry Garber<https://thefulcrum.us/big-picture/election-monitoring> for The Fulcrum:

Today’s challenges require a different approach. Our collective concerns relate to a lack of confidence many have in the electoral process and fears that losing candidates and their supporters will refuse to accept their defeat. Thus, while monitors at polling places remain critical and courts must continue to play their assigned role, we need a high-profile, non-governmental effort to buttress support for the electoral process.

Because of American parochialism, this confidence-building role cannot be fulfilled by international observers. Instead, a national Commission for Credible Elections should be established, which would include former prominent Cabinet secretaries and members of Congress of both parties, former federal and state judges, and leaders from the private sector and civil society organizations.

A small staff would facilitate the work of the commission, which would convene monthly between August and December. After each meeting it would issue a public assessment of the process — informed by information solicited from election administrators, candidates and civil society organizations regarding specific aspects of the election process.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111115&title=%E2%80%9CProposing%20a%20commission%20of%20prominent%20Americans%20to%20monitor%20our%20elections%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Vox Video on Voting by Mail During the Pandemic<https://electionlawblog.org/?p=111113>
Posted on May 1, 2020 8:01 am<https://electionlawblog.org/?p=111113> by Rick Hasen<https://electionlawblog.org/?author=3>

Watch<https://www.youtube.com/watch?v=I6biQ_2RK3k&feature=youtu.be>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D111113&title=Vox%20Video%20on%20Voting%20by%20Mail%20During%20the%20Pandemic>
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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