[EL] ELB News and Commentary 5/29/20

Thu May 28 21:10:59 PDT 2020

“Trump’s Order on Social Media Could Harm One Person in Particular: Donald Trump; Without certain liability protections, companies like Twitter would have to be more aggressive about policing messages that press the boundaries — like the president’s.”<https://electionlawblog.org/?p=111768>
Posted on May 28, 2020 9:07 pm<https://electionlawblog.org/?p=111768> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT reports<https://www.nytimes.com/2020/05/28/us/politics/trump-jack-dorsey.html?action=click&module=Top%20Stories&pgtype=Homepage>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Missouri governor on Tuesday’s elections: if you don’t feel safe, ‘don’t go out and vote’” (But The State Does Not Offer No-Excuse Vote by Mail)<https://electionlawblog.org/?p=111766>
Posted on May 28, 2020 8:41 pm<https://electionlawblog.org/?p=111766> by Rick Hasen<https://electionlawblog.org/?author=3>

KC Star<https://www.kansascity.com/news/coronavirus/article243066146.html>:

Ahead of Tuesday’s local elections, Gov. Mike Parson said Missourians should prioritize their safety over voting.

“I hope people feel safe to go out and vote, but if they don’t, you know, the No. 1 thing — their safety should be No. 1,” Parson said during Thursday’s press briefing<https://www.facebook.com/GovMikeParson/videos/274689203657402>. “If they don’t, then don’t go out and vote.”

Most Missouri voters will be deciding on city council and school board races, or local ballot measures Tuesday. Parson signed an executive order March 18 to move elections planned for April 7 to June 2 because of concern caused by the rising number of Missourians infected with the novel coronavirus.

Unlike several states, Missouri does not offer “no-excuse” absentee voting, and most voters are only eligible to cast their ballot in-person.

A bill that would allow for anyone to vote by mail<https://www.senate.mo.gov/20info/BTS_Web/Bill.aspx?SessionType=R&BillID=26837998>, after obtaining a notary’s signature, sits on Parson’s desk for consideration, and would only apply to the August primary and November presidential elections. He has not indicated whether he will sign it.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>

“Accommodating a Massive Surge in Absentee Voting For the Presidential Election”<https://electionlawblog.org/?p=111763>
Posted on May 28, 2020 12:28 pm<https://electionlawblog.org/?p=111763> by Richard Pildes<https://electionlawblog.org/?author=7>

This piece of mine<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3613163> is coming out soon in the University of Chicago Law Review Online. Here’s the abstract:

This fall, most states are likely to see a massive surge in absentee voting. The significantly greater burdens absentee ballots impose on election administration, compared to in-person voting, are not widely appreciated. Unless certain key dates in the election calendar are changed to take this unprecedented surge into account, the structural integrity and legitimacy of the election could be called into doubt.

The date changes suggested here have three specific objectives. First, to enable as many absentee ballots as possible to be counted on (rather than after) Election Night. If tens of thousands of votes cannot be counted until many days after the election, with the front-runner on Election Night turning out to lose, this increases the risk of the loser and his supporters declaring the process “rigged.” Minimizing that risk must be a key focal point of election-administration this fall. Second, to give election officials enough time to complete the complicated task of processing all these ballots fairly and properly. Third, to give voters an adequate opportunity to vote in the novel circumstances this fall might pose.

The changes identified in this essay involve state law and the federal law that governs the final stage of the presidential election, The Electoral Count Act. The date the electoral college votes should be pushed back to accommodate the longer time states are likely to need to process properly levels of absentee voting that might be an order of magnitude greater than in normal times.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Arrested, Jailed and Charged With a Felony. For Voting.”<https://electionlawblog.org/?p=111761>
Posted on May 28, 2020 12:23 pm<https://electionlawblog.org/?p=111761> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2018/08/02/us/arrested-voting-north-carolina.html?smid=tw-share>

Keith Sellars and his daughters were driving home from dinner at a Mexican restaurant last December when he was pulled over for running a red light. The officer ran a background check and came back with bad news for Mr. Sellars. There was a warrant out for his arrest.

As his girls cried in the back seat, Mr. Sellars was handcuffed and taken to jail.

His crime: Illegal voting.

“I didn’t know,” said Mr. Sellars, who spent the night in jail before his family paid his $2,500 bond. “I thought I was practicing my right.”

Mr. Sellars, 44, is one of a dozen people in Alamance County in North Carolina who have been charged with voting illegally in the 2016 presidential election. All were on probation or parole for felony convictions, which in North Carolina and many other states disqualifies a person from voting. If convicted, they face up to two years in prison.

While election experts and public officials across the country say there is no evidence of widespread voter fraud, local prosecutors and state officials in North Carolina, Texas, Kansas, Idaho and other states have sought to send a tough message by filing criminal charges against the tiny fraction of people who are caught voting illegally.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“Montana Supreme Court: Ballots Must Be Received By Election Day”<https://electionlawblog.org/?p=111758>
Posted on May 28, 2020 10:49 am<https://electionlawblog.org/?p=111758> by Rick Hasen<https://electionlawblog.org/?author=3>

Montana Public Radio<https://www.mtpr.org/post/montana-supreme-court-ballots-must-be-received-election-day>:

The Montana Supreme Court today overruled a lower court order and restored the state’s Jun. 2 mail-in ballot receipt deadline for the upcoming primary.

The high court’s order means voters must get their mail-in ballots to their local election office or other drop off locations by 8 p.m. on Election Day.

Attorney General Tim Fox asked the state supreme court to address Montana’s ballot receipt deadline the morning of May 27 on behalf of Secretary of State Corey Stapleton.

In its five-two decision on May 27, the state Supreme Court’s majority says it retained the ballot receipt deadline to avoid voter confusion and disruption of election administration. Instructions included with primary ballots tell voters to return their envelopes by that deadline.

Decision<https://juddocumentservice.mt.gov/getDocByCTrackId?DocId=315548>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“League of Women Voters of Alabama Sues Election Officials to Protect Voting Rights During COVID-19 Crisis”<https://electionlawblog.org/?p=111756>
Posted on May 28, 2020 10:39 am<https://electionlawblog.org/?p=111756> by Rick Hasen<https://electionlawblog.org/?author=3>

Release:

Today the League of Women Voters of Alabama (LWVAL) filed a lawsuit in State Court against Secretary of State John Merrill, Governor Kay Ivey, and Montgomery County election officials to protect the rights of Alabama voters to safely cast their ballots during the pandemic. The League of Women Voters is a non-partisan organization that registers and educates voters and works to improve public policy.

The suit, filed in the Circuit Court for Montgomery County, Alabama, seeks to prevent Alabama voters from being forced to choose between exercising their right to vote and protecting themselves and their families from the deadly coronavirus. It does not ask the state court to make permanent changes in Alabama’s election laws.  It asks only that State election officials be ordered to exercise their emergency powers to authorize local election officials to relax restrictions on both absentee ballots and in-person voting during the pandemic. The LWVAL is joined by individual Alabama voters — including election workers — in its lawsuit….

Read the full complaint here<https://lwval.org/takeaction/votesafeal/votesafeal-complaint-20200528.pdf>
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Posted in election administration<https://electionlawblog.org/?cat=18>

DOJ Settles Voting Rights Act Section 2 Lawsuit with South Dakota School District Allegedly Violating Native American Rights; A Rare Pro-Voter Action by Trump DOJ<https://electionlawblog.org/?p=111754>
Posted on May 28, 2020 10:32 am<https://electionlawblog.org/?p=111754> by Rick Hasen<https://electionlawblog.org/?author=3>

Tierney Sneed:<https://twitter.com/Tierney_Megan/status/1266051211008053250?s=20>
[cid:image002.jpg at 01D63534.7BD70930]<https://twitter.com/Tierney_Megan>
<https://twitter.com/Tierney_Megan>
Tierney Sneed<https://twitter.com/Tierney_Megan>
✔@Tierney_Megan<https://twitter.com/Tierney_Megan>

<https://twitter.com/Tierney_Megan/status/1266051211008053250>

The DOJ announces a Voting Rights Act settlement in a case concerning a school district election process in South Dakota that allegedly disenfranchised Native American voters https://www.courtlistener.com/recap/gov.uscourts.sdd.68713/gov.uscourts.sdd.68713.2.1.pdf …<https://t.co/P8QQ1mcsOI>
[View image on Twitter]<https://twitter.com/Tierney_Megan/status/1266051211008053250/photo/1>
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9:58 AM - May 28, 2020<https://twitter.com/Tierney_Megan/status/1266051211008053250>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
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See Tierney Sneed's other Tweets<https://twitter.com/Tierney_Megan>

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Posted in Department of Justice<https://electionlawblog.org/?cat=26>, Voting Rights Act<https://electionlawblog.org/?cat=15>

“COVID-19 Stalls Efforts to Help People With Felony Convictions Register to Vote”<https://electionlawblog.org/?p=111752>
Posted on May 28, 2020 9:02 am<https://electionlawblog.org/?p=111752> by Rick Hasen<https://electionlawblog.org/?author=3>

The Appeal reports.<https://theappeal.org/politicalreport/rights-restoration-and-registration-covid/>
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Posted in felon voting<https://electionlawblog.org/?cat=66>

“Trump’s Mail-In Voting Fraud Claims Draw Republican Critics”<https://electionlawblog.org/?p=111750>
Posted on May 28, 2020 8:50 am<https://electionlawblog.org/?p=111750> by Rick Hasen<https://electionlawblog.org/?author=3>

Bloomberg reports<https://about.bgov.com/news/trumps-mail-in-voting-fraud-claims-draw-republican-critics/>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Legal battles over voter roll purges heat up as mail-in ballot fight continues”<https://electionlawblog.org/?p=111748>
Posted on May 28, 2020 8:46 am<https://electionlawblog.org/?p=111748> by Rick Hasen<https://electionlawblog.org/?author=3>

Joan Biskupic reports<https://www.cnn.com/2020/05/28/politics/voter-roll-purges-lawsuits-vote-by-mail/index.html> for CNN.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“The military’s voting process is not a panacea for the challenges of the fall elections”<https://electionlawblog.org/?p=111746>
Posted on May 28, 2020 8:33 am<https://electionlawblog.org/?p=111746> by Rick Hasen<https://electionlawblog.org/?author=3>

Charlie Dunlap analysis.<https://sites.duke.edu/lawfire/2020/05/27/the-militarys-voting-process-is-not-a-panacea-for-the-challenges-of-the-fall-elections/>
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, military voting<https://electionlawblog.org/?cat=48>

“Trump Prepares Order to Limit Social Media Companies’ Protections; The move is almost certain to face a court challenge and signals the latest salvo by President Trump to crack down on online platforms.”<https://electionlawblog.org/?p=111744>
Posted on May 28, 2020 8:29 am<https://electionlawblog.org/?p=111744> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/2020/05/28/us/politics/trump-executive-order-social-media.html?action=click&module=Spotlight&pgtype=Homepage>:

The Trump administration is preparing an executive order intended to curtail the legal protections that shield social media companies from liability for what gets posted on their platforms, two senior administration officials said early Thursday.

Such an order, which officials said was still being drafted and was subject to change, would make it easier for federal regulators to argue that companies like Facebook, Google, YouTube and Twitter are suppressing free speech when they move to suspend users or delete posts, among other examples.

The move is almost certain to face a court challenge and is the latest salvo by President Trump in his repeated threats to crack down on online platforms. Twitter this week attached fact-checking notices<https://www.nytimes.com/2020/05/26/technology/twitter-trump-mail-in-ballots.html> to two of the president’s tweets after he made false claims about voter fraud, and Mr. Trump and his supporters have long accused social media companies of silencing conservative voices.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, social media and social protests<https://electionlawblog.org/?cat=58>

“IRS Rule Change Could Aid Foreign Election Meddling, Critics Say”<https://electionlawblog.org/?p=111742>
Posted on May 28, 2020 8:24 am<https://electionlawblog.org/?p=111742> by Rick Hasen<https://electionlawblog.org/?author=3>

Bloomberg<https://about.bgov.com/news/irs-rule-change-could-aid-foreign-election-meddling-critics-say/>:

Transparency advocates are looking for a legislative fix after the IRS approved a rule they say opens the door to allow politically active nonprofits to take foreign money to influence U.S. elections, without being detected.

“At a time when over $10 billion total is expected to be spent during this election season, the requirement that organizations (like the National Rifle Association) report their donors to the IRS was key to ensuring that the foreign-money ban on elections was enforced,” Campaign Legal Center President Trevor Potter said in a statement.

“Congress must now step up and strengthen our transparency rules to ensure foreigners aren’t using opaque tax-exempt organizations to meddle in our elections,” Meredith McGehee, executive director of the nonprofit Issue One, said in a statement.

Others hailed the move, which was announced Tuesday, saying it would prevent accidental disclosure of information always meant to be confidential.

“Everyone has the right to support social causes without being harassed,” David Keating, president of the nonprofit Institute for Free Speech, said in a statement.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

“Local Political Parties as Networks: A Guide to Self-Assessment”<https://electionlawblog.org/?p=111740>
Posted on May 28, 2020 7:00 am<https://electionlawblog.org/?p=111740> by Rick Hasen<https://electionlawblog.org/?author=3>

New white paper<https://scholars.org/contribution/local-political-parties-guide> from SSN working group:

The 2020 election season offers extraordinary opportunities for local parties to welcome new members, grow their ranks, and serve as networks of civic connection. This self-assessment document provides a set of diagnostic questions to help parties to play those important roles. COVID-19 presents unprecedented challenges: contagious disease, economic crisis, and restrictions on face-to-face contact. With these realities in mind, the final section specifically addresses party-building during a time of pandemic crisis and social distancing, presenting strategies that local groups have innovated to carry forward the community-based work that is more urgent now than ever. . . .
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Posted in political parties<https://electionlawblog.org/?cat=25>

“Editorial: Republicans would rather undermine California’s elections than honorably take their lumps”<https://electionlawblog.org/?p=111738>
Posted on May 28, 2020 6:58 am<https://electionlawblog.org/?p=111738> by Rick Hasen<https://electionlawblog.org/?author=3>

LAT editorial<https://www.latimes.com/opinion/story/2020-05-28/republicans-lawsuit-vote-by-mail-coronavirus>.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>

“More False Mail-In Ballot Claims from Trump”<https://electionlawblog.org/?p=111736>
Posted on May 28, 2020 6:57 am<https://electionlawblog.org/?p=111736> by Rick Hasen<https://electionlawblog.org/?author=3>

Analysi<https://www.factcheck.org/2020/05/more-false-mail-in-ballot-claims-from-trump/>s from Factcheck.org.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>

“FEC’s Prosecutorial Discretion Considered by Federal Court, Again”<https://electionlawblog.org/?p=111734>
Posted on May 28, 2020 6:55 am<https://electionlawblog.org/?p=111734> by Rick Hasen<https://electionlawblog.org/?author=3>

Wiley analysis<https://www.wiley.law/newsletter-FECs-Prosecutorial-Discretion-Considered-by-Federal-Court-Again>.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, federal election commission<https://electionlawblog.org/?cat=24>

“With Naturalizations On Hold, Potential New Voters Sit On Sidelines”<https://electionlawblog.org/?p=111732>
Posted on May 28, 2020 6:53 am<https://electionlawblog.org/?p=111732> by Rick Hasen<https://electionlawblog.org/?author=3>

NPR reports.<https://www.npr.org/2020/05/28/862652107/with-naturalizations-on-hold-potential-new-voters-sit-on-sidelines>
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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
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
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rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
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