[EL] ELB News and Commentary 11/13/20

[Rick Hasen]

“Exclusive: Top official on U.S. election cybersecurity tells associates he expects to be fired”<https://electionlawblog.org/?p=118584>
Posted on November 12, 2020 6:02 pm<https://electionlawblog.org/?p=118584> by Rick Hasen<https://electionlawblog.org/?author=3>

Reuters:<https://www.reuters.com/article/us-usa-cyber-officials-exclusive/exclusive-senior-u-s-cybersecurity-official-tells-associates-he-expects-to-be-fired-sources-idUSKBN27S2YI?il=0>

Top U.S. cybersecurity official Christopher Krebs, who worked on protecting the election from hackers but drew the ire of the Trump White House over efforts to debunk disinformation, has told associates he expects to be fired, three sources familiar with the matter told Reuters.

Krebs, who heads the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), did not return messages seeking comment. CISA and the White House declined comment.

Separately, Bryan Ware, assistant director for cybersecurity at CISA, confirmed to Reuters that he had handed in his resignation on Thursday. Ware did not provide details, but a U.S. official familiar with his matter said the White House asked for Ware’s resignation earlier this week.

The departure is part of the churn in the administration since Republican President Donald Trump was defeated by Democrat Joe Biden in last week’s election, raising concerns about the transition to the president-elect who would take office on Jan. 20. Trump, who has yet to concede and has repeatedly made unsubstantiated claims of electoral fraud, fired Defense Secretary Mark Esper and has installed loyalists in top positions at the Pentagon.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


WaPo Reports a Trump Campaign Grasping at Straws on Its Legal Strategy: Deputy Campaign Manager “Clark asked for people to send to the campaign for investigation things they see on Twitter or on other websites.”<https://electionlawblog.org/?p=118582>
Posted on November 12, 2020 5:56 pm<https://electionlawblog.org/?p=118582> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/politics/biden-transition-republicans/2020/11/12/c5899384-2509-11eb-8672-c281c7a2c96e_story.html>

At his campaign headquarters, many staffers were expected to be laid off in the coming days, two officials said, with some aides being notified on Thursday. Officials were also supposed to brief surrogates on legal strategy Thursday afternoon but postponed the call twice, a person familiar with the planning said.

Later, in a 12-minute call, campaign officials said they believed Trump could still win the race. Tim Murtaugh, the campaign spokesman, asked donors and surrogates “for patience” and said it would take some time.

“There is not going to be a silver bullet,” he said. Murtaugh spent much of his time criticizing the news media, according to an audio recording of the call.

“The campaign continues to firmly believe that this election is not over,” Murtaugh said.

Justin Clark, the deputy campaign manager overseeing the legal efforts, told listeners that “you’re going to see a lot of things happen,” without offering much in the way of specifics. Clark asked for people to send to the campaign for investigation things they see on Twitter or on other websites.

Privately, White House senior adviser Jared Kushner, the president’s son-in-law, continued to tell allies that Trump is “realistic” about his chances but wants to continue the fight, a person who has spoken to him said. Campaign manager Bill Stepien and other top campaign aides has also briefed Trump on his chances, casting them as uphill and telling Trump it is unlikely he will win.

But Trump does not want to pull out of the fight until the votes are certified in key states, which won’t be until late November or early December. His campaign filed five new lawsuits in Pennsylvania in an attempt to block 8,349 ballots in Philadelphia from being counted — complaints that centered on mail-in ballots that city officials decided to accept despite administrative errors made by voters.

Biden has been declared the winner of Pennsylvania by multiple media outlets, and he leads Trump in the state by more than 53,000 votes. Kevin Feeley, a spokesman for the Philadelphia city commissioners, said on Thursday that the disputed ballots had not yet been added to the public vote totals.

The Trump campaign ran into resistance elsewhere in the courts in Pennsylvania, as three former Republican members of Congress and several veterans of GOP administrations joined the opposition to an effort by Trump to use the federal courts to block certification of the state’s election results.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Distorted U.S. democracy underscores urgency of Electoral College reform”<https://electionlawblog.org/?p=118580>
Posted on November 12, 2020 5:49 pm<https://electionlawblog.org/?p=118580> by Rick Hasen<https://electionlawblog.org/?author=3>

Kevin Johnson for The Fulcrum<https://thefulcrum.us/election-dissection/electoral-college-reform>.
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Posted in electoral college<https://electionlawblog.org/?cat=44>


“Could Trump Really Hold On? Why Experts Aren’t Worried; Legal scholars agree: At this point, the outcome of the 2020 election is no longer on the line … though the future of our democracy might be.”<https://electionlawblog.org/?p=118578>
Posted on November 12, 2020 5:24 pm<https://electionlawblog.org/?p=118578> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/news/magazine/2020/11/12/election-law-experts-roundup-436139>

This week, as President Donald Trump persisted in claiming election fraud in the absence of hard evidence, Politico Magazine asked a dozen experts in election law whether they saw reason to doubt that Joe Biden would be duly inaugurated in January. Could the election results be illegitimate? If not, is there a chance Trump would find a way to game the system anyway? And what’s the biggest weak spot in the process from here on?

Normally when we survey experts, we’ll get a range of answers—a breadth that reflects their backgrounds and particular corners of expertise. Not this time. In what might offer some reassurance to the members of both parties who are ready to accept the state results and move on, they all resoundingly said they’re confident Biden will be sworn in come January, and that the legal challenges Trump and his supporters are currently mounting are meritless.

“There is simply no evidence of fraud. Nor is there any other realistic basis for altering the apparent outcome,” wrote Steven F. Huefner, a law professor at the Ohio State University. That assessment was backed up by Lawrence Douglas, a law professor at Amherst College who has for more than a year been studying what could go wrong with this election<https://www.hachettebookgroup.com/titles/lawrence-douglas/will-trump-go/9781538751886/>. He saw “no reason whatsoever to question the legitimacy of the process or the trustworthiness of the results.”

As for other gamesmanship from Trump’s camp: “I have tried to imagine how he could even possibly accomplish” stopping Biden’s inauguration, wrote Lisa Manheim, author of The Limits of Presidential Power: A Citizen’s Guide to the Law. “And I just can’t figure it out.”…

New York University constitutional law professor Richard Pildes similarly sees this as the real Trump strategy, unlikely as it is to bear fruit: “The Trump campaign can’t have any hope of overturning in the courts the popular vote in three states, based on what it has filed so far. These suits have a different audience and a different aim: to shape a ‘lost cause’ narrative and to set Republican legislatures up to defy the popular vote in their states and claim the authority to appoint electors themselves. No state legislature has ever done that since the law governing the Electoral College process was passed in 1887, and even if one or more did that this year, there are further steps in the process that would block those actions from having any effect on the outcome.”

Florida State University law professor Michael Morley pointed to weaknesses in the Electoral Count Act of 1887, which guides how Congress counts electoral votes and determines the winner. “The ECA is written in archaic language, is ambiguous in several crucial respects and leaves some key issues unresolved,” he wrote. One issue, for example, is that “it is unclear whether Congress may, or even must, reject votes cast by so-called ‘faithless electors’” who vote against their own state’s presidential choice. Nevertheless, Morley is confident that “based on the current Electoral College projections and the vote tallies within the swing states, it appears extremely unlikely that the ECA’s deficiencies will impact the results of this election. It remains a serious problem, however—one that Congress should seek to address well in advance of future presidential elections.”…

According to Hasen, who wrote Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy<https://yalebooks.yale.edu/book/9780300248197/election-meltdown>: “Trump cannot litigate his way to victory; the only path would be a brute force political one that would disregard the rule of law. Any strategy based upon trying to get Republican state legislators to try to stop the certification of the vote and appoint their own slate of electors would be a legally unsupported naked power play. State legislatures would only have the power at this point to appoint 2020 electors if voters failed to make a choice on Election Day. But voters did make a choice, and it would be a violation of the rule of law and democratic norms to try to get state legislatures to overturn the will of the people.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Ted Olson, Who Argued Bush v. Gore, Says the 2020 Election ‘Is Over'”<https://electionlawblog.org/?p=118576>
Posted on November 12, 2020 5:12 pm<https://electionlawblog.org/?p=118576> by Rick Hasen<https://electionlawblog.org/?author=3>

NLJ:<https://www.law.com/nationallawjournal/2020/11/12/ted-olson-who-argued-bush-v-gore-says-the-2020-election-is-over/?cmp=share_twitter>

Ted Olson, who successfully argued for then-candidate George W. Bush in the 2000 U.S. Supreme Court case Bush v. Gore, said Thursday he believes the 2020 election is over and Joe Biden is the president-elect.

Olson, a partner with Gibson, Dunn & Crutcher who went on to serve as solicitor general in the Bush administration, made the remarks during a panel on the powers of the presidency hosted by the Federalist Society, as he discussed checks against the president.

“The Framers, they separated the powers because they knew that individuals would be flawed. They put in lots of checks, and we just experienced one, the election,” Olson said. “To the extent that the citizens of this country did not like the manner in which President Trump spoke, or the manner in which he threatened people or the manner in which he executed the laws, they exercised their franchise. And we have—I do believe the election is over—we do have a new president.”

“And we do because a large number of people expressed disapproval, whether one agrees with that or not, of the manner, style and techniques of this particular president,” Olson continued. “So we do have a Constitution that works pretty well. At the end of the day, we are going to have flawed individuals holding that office, and the people ultimately have the responsibility and opportunity to make a change when they feel it’s appropriate.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


New York Times: Trump is Coup-Curious<https://electionlawblog.org/?p=118574>
Posted on November 12, 2020 5:09 pm<https://electionlawblog.org/?p=118574> by Rick Hasen<https://electionlawblog.org/?author=3>

Maggie Haberman<https://www.nytimes.com/2020/11/12/us/politics/trump-future.html?referringSource=articleShare> for the NYT:

At a meeting on Wednesday at the White House, President Trump had something he wanted to discuss with his advisers, many of whom have told him his chances of succeeding at changing the results of the 2020 election are thin as a reed.

He then proceeded to press them on whether Republican legislatures could pick pro-Trump electors in a handful of key states and deliver him the electoral votes he needs to change the math and give him a second term, according to people briefed on the discussion.

It was not a detailed conversation, or really a serious one, the people briefed on it said. Nor was it reflective of any obsessive desire of Mr. Trump’s to remain in the White House.

“He knows it’s over,” one adviser said. But instead of conceding, they said, he is floating one improbable scenario after another for staying in office while he contemplates his uncertain post-presidency future.

There is no grand strategy at play, according to interviews with a half-dozen advisers and people close to the president. Mr. Trump is simply trying to survive from one news cycle to the next, seeing how far he can push his case against his defeat and ensure the continued support of his Republican base….

As a next step, Mr. Trump is talking seriously about announcing that he is planning to run again in 2024, aware that whether he actually does it or not, it will freeze an already-crowded field of possible Republican candidates. And, Republicans say, it will keep the wide support he showed even in defeat and could guarantee a lucrative book deal or speaking fees….

Rudolph W. Giuliani, Mr. Trump’s personal lawyer, has been a source of enormous frustration for Trump advisers. Advisers have tried to tell Mr. Trump that the fraud Mr. Giuliani is offering hope of proving simply does not exist.

Mr. Trump is getting suggestions from an array of other lawyers, as well. They include Sidney Powell, the lawyer for his former national security adviser Lt. Gen. Michael T. Flynn, who was at the Trump campaign headquarters over the weekend.

Advisers have nudged the president to stop talking about “fraud” because that has legal implications that his team has not been able to back up. So Mr. Trump has taken to pronouncing the election “rigged,” one of his favorite words but one with dangerous implications in terms of how his own supporters view the election’s ultimate outcome.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


Joint Statement on Election Integrity from CISA Etc.<https://electionlawblog.org/?p=118572>
Posted on November 12, 2020 3:33 pm<https://electionlawblog.org/?p=118572> by Rick Hasen<https://electionlawblog.org/?author=3>

Statement<https://www.cisa.gov/news/2020/11/12/joint-statement-elections-infrastructure-government-coordinating-council-election>:

The members of Election Infrastructure Government Coordinating Council (GCC) Executive Committee – Cybersecurity and Infrastructure Security Agency (CISA) Assistant Director Bob Kolasky, U.S. Election Assistance Commission Chair Benjamin Hovland, National Association of Secretaries of State (NASS) President Maggie Toulouse Oliver, National Association of State Election Directors (NASED) President Lori Augino, and Escambia County (Florida) Supervisor of Elections David Stafford – and the members of the Election Infrastructure Sector Coordinating Council (SCC) – Chair Brian Hancock (Unisyn Voting Solutions), Vice Chair Sam Derheimer (Hart InterCivic), Chris Wlaschin (Election Systems & Software), Ericka Haas (Electronic Registration Information Center), and Maria Bianchi (Democracy Works) – released the following statement:

“The November 3rd election was the most secure in American history. Right now, across the country, election officials are reviewing and double checking the entire election process prior to finalizing the result.

“When states have close elections, many will recount ballots. All of the states with close results in the 2020 presidential race have paper records of each vote, allowing the ability to go back and count each ballot if necessary. This is an added benefit for security and resilience. This process allows for the identification and correction of any mistakes or errors. There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.

“Other security measures like pre-election testing, state certification of voting equipment, and the U.S. Election Assistance Commission’s (EAC) certification of voting equipment help to build additional confidence in the voting systems used in 2020.

“While we know there are many unfounded claims and opportunities for misinformation about the process of our elections, we can assure you we have the utmost confidence in the security and integrity of our elections, and you should too. When you have questions, turn to elections officials as trusted voices as they administer elections.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Wisconsin elections head says still no evidence of fraud”<https://electionlawblog.org/?p=118570>
Posted on November 12, 2020 3:30 pm<https://electionlawblog.org/?p=118570> by Rick Hasen<https://electionlawblog.org/?author=3>

AP reports<https://apnews.com/article/election-2020-joe-biden-donald-trump-wisconsin-coronavirus-pandemic-ad76d085d75aa4acf8adb25495e5e9e1>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“GOP sees Trump’s election challenges as likely to fail and urges White House to take steps towards transition”<https://electionlawblog.org/?p=118568>
Posted on November 12, 2020 3:16 pm<https://electionlawblog.org/?p=118568> by Rick Hasen<https://electionlawblog.org/?author=3>

CNN:<https://www.cnn.com/2020/11/12/politics/gop-strategy-trump-transition/index.html>

Cracks are growing in the GOP defense of President Donald Trump’s long-shot effort to overturn the 2020 election outcome, with many top Republicans contending that Joe Biden should immediately get national security briefings<http://www.cnn.com/2020/11/12/politics/republican-senators-biden-classified-briefings/index.html>, some calling for the official transition process to begin and others are acknowledging that Trump stands little chance at reversing results clearly showing he lost.

Republicans say they are willing to give Trump a chance to make his case in court. But they fully recognize that Trump is losing by margins in key battleground states that make his chances of success in his legal cases extremely grim at best. Many have grown unnerved at his purge of top national security officials. And others are making clear that Trump should concede the race once it’s evident that he’s lost his court challenges.Some are even willing to now consider Biden “president-elect,” a title few Republicans have been willing to say publicly as Trump baselessly claims the election has been rigged.

“Sure,” Sen. Shelley Moore Capito, a West Virginia Republican, said when asked if she considers Biden “president-elect.”

While Capito says there’s a “process” for legal challenges, she added that she hoped the process would resolve itself quickly — “inside a week or so.”

“It looks like a difficult mountain for the President,” she said of his legal case.

Capito is not alone. Many Republicans privately recognize that Biden will soon be President, and they are hoping that Trump will concede the race once it’s clear his legal challenges are collapsing — and once key states have certified the results.

A top Republican source, who has been in touch with Trump’s daughter Ivanka Trump and her husband, Jared Kushner, said Republicans are eying the certification dates of Arizona on November 30 and Georgia on November 20 — two states with Republican governors where Biden is now leading in the vote tallies — as key moments. If the states certify the results as Biden victories, then Trump will have little recourse but to concede, they believe, though no one knows what the President will do for sure.

“I think it’s a very narrow road,” Wyoming Sen. John Barrasso, a member of the Senate GOP leadership, said when asked about Trump’s chances at reversing the election’s outcome.

Indeed, with Trump losing by tens of thousands of votes in key states such as Pennsylvania, Wisconsin and Nevada — and nearly 150,000 votes in Michigan<https://www.cnn.com/election/2020/results/state/michigan/president> — even Trump’s staunchest supporters believe that the President should concede the race if he can’t prove widespread voter fraud in court. What’s less clear is what would happen if Trump refuses to step aside if courts reject his claim.

“My guess is it’s a heavy lift, but I don’t know,” said Sen. Ron Johnson, a Wisconsin Republican and top Trump defender, when asked about the President’s efforts to overturn the results by alleging mass voter fraud and impropriety at the polls.

Asked if Trump should concede if he loses in court, Johnson said: “Yeah. The court should have the final say in these things.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Pa. appellate court sides with Trump in fight over ID deadlines for voters, tossing small number of ballots”<https://electionlawblog.org/?p=118566>
Posted on November 12, 2020 2:24 pm<https://electionlawblog.org/?p=118566> by Rick Hasen<https://electionlawblog.org/?author=3>

Philly Inquirer:<https://fusion.inquirer.com/news/pennsylvania-election-trump-lawsuits-legal-challenves-id-mail-ballots-commonwealth-court-20201112.html>

A Pennsylvania appellate court handed President Donald Trump’s campaign a minor victory Thursday, barring counties from including in their final vote tallies a small pool of mail ballots from people who had failed to provide required ID by a Monday deadline.

In a two-page order, a Commonwealth Court judge struck down a decision by the Wolf administration to give voters more time, post-election, to fulfill the ID requirement.

Though state law only requires first-time voters to show ID at the polls, all voters who applied to vote by mail had to be validated their identification against state records by Nov. 9.

Two days before the election, Secretary of State Kathy Boockvar pushed that date back by three days, citing a court decision earlier this year that allowed late-arriving mail ballots to be counted as long as they had been mailed by Nov. 3 and received within three days of that.

In her order Thursday, Commonwealth Court President Judge Mary Hannah Leavitt ruled that Boockvar had no authority to do that.

State officials did not immediately return requests for comment on whether they intended to appeal.

None of the votes affected by the ruling had yet been included in the state’s official tally — which as of Thursday had Joe Biden at a 54,000-vote advantage over Trump.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Trump Campaign Files Weak Motion for Preliminary Injunction to Delay Certification of Vote in Pennsylvania<https://electionlawblog.org/?p=118564>
Posted on November 12, 2020 2:21 pm<https://electionlawblog.org/?p=118564> by Rick Hasen<https://electionlawblog.org/?author=3>

I expected it would be weak based on the 105-page complaint, but this motion<https://www.courtlistener.com/recap/gov.uscourts.pamd.127057/gov.uscourts.pamd.127057.89.1.pdf> is even weaker than I thought. The primary complaint is one about which the campaign might not even have standing—a claim that the ordinary rules that election officials applied in running the election somehow usurped the power of the state legislature to set the rules for elections. That’s something for the legislature to complain about, and something that the campaign could have complained about well before the election. The same goes for its equal protection argument.

They cite no authority for asking a federal court for delay in state certification, and no good explanation as to why a delay would help to further the state’s case.

There are many other problems here, and I hope to have time later to go through this more.

But I’m co-Reporter on the ALI Torts:Remedies project, which is meeting all day Friday, so I’ll mostly be out of pocket through tomorrow.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Residual Votes in the 2020 Election in Georgia”<https://electionlawblog.org/?p=118562>
Posted on November 12, 2020 1:41 pm<https://electionlawblog.org/?p=118562> by Rick Hasen<https://electionlawblog.org/?author=3>

New draft<https://electionscience.clas.ufl.edu/2020/11/12/new-paper-residual-votes-in-the-2020-election-in-georgia/> by David Cottrell, Felix E. Herron, Michael C. Herron, and Daniel A. Smith:

The 2020 General Election took place against the backdrop of a pandemic and numerous claims about incipient voter fraud and election malfeasance. No state’s presidential race was closer than Georgia’s, where a hand recount of the presidential contest is planned. As an initial post-election audit of the 2020 election in Georgia, we analyze residual vote rates in statewide races. A race’s residual vote rate combines the rates at which ballots contain undervotes (abstentions) and overvotes (which occur when voters cast more than the allowed number of votes in a race). Anomalously high residual vote rates can be indicative of underlying election administration problems, like ballot design flaws. Our analysis of residual vote rates in Georgia uncovers nothing anomalous in the presidential race, a notable result given this race’s closeness. We do, however, find an unusually high overvote rate in Georgia’s special election for a seat in the United States Senate. This high overvote rate is concentrated in Gwinnett County and appears to reflect the county’s two-column ballot design that led roughly 4,000 voters to select more than one candidate for senate in the special election, in the process rendering invalid their votes in this contest.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Sean Trende Analysis Suggests New Census and Redistricting Makes It Likely House Will Turn R in 2022 Elections (of course, we still have to have the elections…)<https://electionlawblog.org/?p=118559>
Posted on November 12, 2020 12:51 pm<https://electionlawblog.org/?p=118559> by Richard Pildes<https://electionlawblog.org/?author=7>

Sean Trende at RCP is offering a state-by-state analysis of how reapportionment and redistricting will affect House delegations from each State:<https://www.realclearpolitics.com/authors/sean_trende/>

Following last week’s elections, Democrats will retain control the House of Representatives. At the same time, their margin will be considerably smaller than it was in the preceding Congress. Republicans will likely hold between 208 and 212 House seats, placing them within shouting distance of the majority in the next election.

This is first in a two-part examination of the relationship between redistricting/reapportionment and the Congress that will take office in January 2023. It concludes that without any extreme gerrymandering, reapportionment and redistricting alone will likely cost Democrats their majority, even before taking into account the national mood or the general tendency toward midterm losses for the party holding the presidency. Of course, litigation may change the calculus, but absent court losses in Pennsylvania, North Carolina, Virginia and Florida, Republicans would likely control the House in the 118th Congress elected in 2022. For our purposes here, however, we will assume that there will be no sea changes in voting laws.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118559&title=Sean%20Trende%20Analysis%20Suggests%20New%20Census%20and%20Redistricting%20Makes%20It%20Likely%20House%20Will%20Turn%20R%20in%202022%20Elections%20(of%20course%2C%20we%20still%20have%20to%20have%20the%20elections%E2%80%A6)>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“UC Irvine Professor: This Is A Vital Time For American Democracy”<https://electionlawblog.org/?p=118557>
Posted on November 12, 2020 12:13 pm<https://electionlawblog.org/?p=118557> by Rick Hasen<https://electionlawblog.org/?author=3>

I talked<https://fronterasdesk.org/content/1635239/uc-irvine-professor-vital-time-american-democracy> to KJZZ.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118557&title=%E2%80%9CUC%20Irvine%20Professor%3A%20This%20Is%20A%20Vital%20Time%20For%20American%20Democracy%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Four viral videos falsely suggest ‘voter fraud’ led to Biden’s victory”<https://electionlawblog.org/?p=118555>
Posted on November 12, 2020 12:12 pm<https://electionlawblog.org/?p=118555> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo Fact Checker.<https://www.washingtonpost.com/politics/2020/11/12/four-viral-videos-falsely-suggest-voter-fraud-led-bidens-victory/>

News organizations have called the 2020 presidential election for Democrat Joe Biden, but that hasn’t stopped President Trump’s surrogates from sharing misleading, fake and debunked videos that cast doubt on the election results.Follow the latest on Election 2020<https://www.washingtonpost.com/elections/?itid=lk_interstitial_hub_election>

Election officials have swatted away Trump campaign claims of voter fraud, and no evidence presented by the president’s team — or anyone else — has supported these allegations.

Still, nearly a week later, several of these videos — including this manipulated clip<https://www.washingtonpost.com/politics/2020/11/04/bogus-vote-fraud-claims-proliferate-social-media/?itid=lk_inline_manual_5> of President-elect Biden and claims about votes cast in Sharpie<https://www.washingtonpost.com/national/claim-that-sharpie-pens-ruin-arizona-ballots-misses-the-mark/2020/11/04/33777988-1eed-11eb-ad53-4c1fda49907d_story.html?itid=lk_inline_manual_5> — are still circulating on social media in an effort to seed doubts about the outcome of the 2020 election. Here is a tour of four big offenders.
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Posted in cheap speech<https://electionlawblog.org/?cat=130>


“No, Dominion voting machines did not cause widespread voting problems.”<https://electionlawblog.org/?p=118553>
Posted on November 12, 2020 9:04 am<https://electionlawblog.org/?p=118553> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT ran this<https://www.nytimes.com/2020/11/11/technology/no-dominion-voting-machines-did-not-cause-widespread-voting-problems.html?smid=tw-share> the other day, and worth linking now in light of the President raising these debunked claims on twitter.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118553&title=%E2%80%9CNo%2C%20Dominion%20voting%20machines%20did%20not%20cause%20widespread%20voting%20problems.%E2%80%9D>
Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>, voting technology<https://electionlawblog.org/?cat=40>


NYT Profiles Georgia SOS Brad Raffensperger, an Unlikely Target of GOP Ire<https://electionlawblog.org/?p=118551>
Posted on November 12, 2020 7:58 am<https://electionlawblog.org/?p=118551> by Rick Hasen<https://electionlawblog.org/?author=3>

Good read.<https://www.nytimes.com/2020/11/11/us/brad-raffensperger-georgia.html?action=click&module=Top%20Stories&pgtype=Homepage>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118551&title=NYT%20Profiles%20Georgia%20SOS%20Brad%20Raffensperger%2C%20an%20Unlikely%20Target%20of%20GOP%20Ire>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“The Last Time Trump Alleged Massive Fraud; After the 2016 election, President Trump claimed that millions of votes had been illegally cast. The commission he established to investigate this came up empty-handed.”<https://electionlawblog.org/?p=118549>
Posted on November 12, 2020 7:57 am<https://electionlawblog.org/?p=118549> by Rick Hasen<https://electionlawblog.org/?author=3>

David Graham<https://www.theatlantic.com/ideas/archive/2020/11/kris-kobach-and-search-mythical-voter-fraud/617069/> for the Atlantic.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118549&title=%E2%80%9CThe%20Last%20Time%20Trump%20Alleged%20Massive%20Fraud%3B%20After%20the%202016%20election%2C%20President%20Trump%20claimed%20that%20millions%20of%20votes%20had%20been%20illegally%20cast.%20The%20commission%20he%20established%20to%20investigate%20this%20came%20up%20empty-handed.%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Must-Read Story Out of Florida: “Evidence suggests several state Senate candidates were plants funded by dark money”<https://electionlawblog.org/?p=118547>
Posted on November 12, 2020 7:40 am<https://electionlawblog.org/?p=118547> by Rick Hasen<https://electionlawblog.org/?author=3>

Local10 News:<https://www.local10.com/news/local/2020/11/11/evidence-suggests-several-state-senate-candidates-were-plants-funded-by-dark-money/>

Why would candidates for Florida Senate seats do no campaigning, no fundraising, have no issue platforms, nor make any effort to get votes?

Local 10 News has found evidence to suggest three such candidates in three Florida Senate district races, two of them in Miami Dade County, were shill candidates whose presence in the races were meant to syphon votes from Democratic candidates.

Comparisons of the no-party candidates’ public campaign records show similarities and connections that suggest they are all linked by funding from the same dark money donors, and part of an elaborate scheme to upset voting patterns.

In one of those races, District 37, a recount is underway because the spread between the Democratic and Republican candidates is only 31 votes. The third party candidate received more than 6300 votes.

That third party candidate is Alexis Rodriguez, who has the same last name as the Democratic incumbent senator Jose Javier Rodriguez. The Republican challenger is Ileana Garcia.

Alexis Rodriguez falsified his address on his campaign filing form last June. The couple who now live at the Palmetto Bay address say they have been repeatedly harassed since then by people looking for Rodriguez, who hadn’t lived there in five years.

Local 10 visited Rodriguez’s place of business Tuesday, where Rodriguez lied about his identity. Pretending to be a business partner, Rodriguez shed little light on his sudden candidacy in the District 37 race and lack of fundraising or campaigning.

Local 10 began investigating Rodriguez’s candidacy because of a hunch by Executive Producer Natalie Morera de Varona last month. She was collecting candidates’ headshots for election broadcast graphics and was curious why a candidate was nowhere to be found, not returning phone calls.

A search of campaign documents filed by Rodriguez led to a money trail and campaign finance connections with other no-party third candidates in Florida Senate District 9 in Central Florida, and District 39 in Miami-Dade.

The District 39 candidate is 81-year-old Celso Alfonso, a retiree who named the woman he calls his wife as campaign treasurer. She owns a day spa, and the home where we found Alfonso Tuesday afternoon.

He, too, lied about his identity at first, and finally admitted to being the candidate.

Alfonso claimed he had a lifelong dream to be in public service. He said he filed on his own, that no one assisted him.

A comparison of candidates Alfonso and Rodriguez show unusual similarities.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118547&title=Must-Read%20Story%20Out%20of%20Florida%3A%20%E2%80%9CEvidence%20suggests%20several%20state%20Senate%20candidates%20were%20plants%20funded%20by%20dark%20money%E2%80%9D>
Posted in ballot access<https://electionlawblog.org/?cat=46>, chicanery<https://electionlawblog.org/?cat=12>


Sheldon Adelson’s Newspaper Editorializes Against Trump’s Failure to Concede<https://electionlawblog.org/?p=118545>
Posted on November 12, 2020 7:26 am<https://electionlawblog.org/?p=118545> by Rick Hasen<https://electionlawblog.org/?author=3>

Strong words:<https://twitter.com/RalstonReports/status/1326902743362121731>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118545&title=Sheldon%20Adelson%E2%80%99s%20Newspaper%20Editorializes%20Against%20Trump%E2%80%99s%20Failure%20to%20Concede>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Money to support Trump court fight could flow to president”<https://electionlawblog.org/?p=118543>
Posted on November 12, 2020 7:24 am<https://electionlawblog.org/?p=118543> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<https://apnews.com/article/money-donald-trump-election-defense-flow-d533491164bd4cae7ac47392ca740c7d>:

Trump has promised to contest President-elect Joe Biden’s win in court. But the fine print indicates much of the money donated to support that effort since Election Day has instead paid down campaign debt, replenished the Republican National Committee and, more recently, helped get Save America, a new political action committee Trump founded, off the ground.

“This is a slush fund. That’s the bottom line,” said Paul S. Ryan, a longtime campaign finance attorney with the good government group Common Cause. “Trump may just continue to string out this meritless litigation in order to fleece his own supporters of their money and use it in the coming years to pad his own lifestyle while teasing a 2024 candidacy.”

The Democratic National Committee and Biden’s campaign are also raising money for a legal fight over the outcome of the election. Most of the money is for the DNC’s legal account, though some of it will be routed to the party’s general fund, which doesn’t face the same spending restrictions. It could then be used to pay for ads, for example, if Republicans try to get ballots tossed out with minor — and correctible — errors, according to a DNC official.

Trump’s approach is far different.

The first few days after the election, money that was purportedly for the legal fight primarily went to Trump’s campaign for debt payment, as well as the RNC, as first reported by The Wall Street Journal. But on Monday, Trump launched Save America, his new PAC, which is now poised to get the largest share in many cases.

Save America is a type of campaign committee that is often referred to as a “leadership PAC,” which has higher contribution limits — $5,000 per year — and faces fewer restrictions on how the money is spent. Unlike candidate campaign accounts, leadership PACs can also be tapped to pay for personal expenses.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118543&title=%E2%80%9CMoney%20to%20support%20Trump%20court%20fight%20could%20flow%20to%20president%E2%80%9D>
Posted in campaign finance<https://electionlawblog.org/?cat=10>


Despite All Evidence to the Contrary, 70 Percent of Republicans Now Believe 2020 Election Was Not Free and Fair, Undermining Legitimacy<https://electionlawblog.org/?p=118541>
Posted on November 12, 2020 7:20 am<https://electionlawblog.org/?p=118541> by Rick Hasen<https://electionlawblog.org/?author=3>

Axios.<https://www.axios.com/election-reality-fails-to-pop-gops-online-filter-bubble-291fa28e-6371-4b63-bbf5-b3fb271e9f5c.html>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118541&title=Despite%20All%20Evidence%20to%20the%20Contrary%2C%2070%20Percent%20of%20Republicans%20Now%20Believe%202020%20Election%20Was%20Not%20Free%20and%20Fair%2C%20Undermining%20Legitimacy>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Well-Respected Republican Election Lawyer Rob Kelner Weighs in on the State of Play<https://electionlawblog.org/?p=118539>
Posted on November 12, 2020 7:18 am<https://electionlawblog.org/?p=118539> by Rick Hasen<https://electionlawblog.org/?author=3>

Here<https://twitter.com/robkelner/status/1326683309368369152?s=20> on twitter:
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118539&title=Well-Respected%20Republican%20Election%20Lawyer%20Rob%20Kelner%20Weighs%20in%20on%20the%20State%20of%20Play>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Why Trump is filing so many flimsy lawsuits in battleground states”<https://electionlawblog.org/?p=118537>
Posted on November 12, 2020 7:15 am<https://electionlawblog.org/?p=118537> by Rick Hasen<https://electionlawblog.org/?author=3>

CNN:<https://www.cnn.com/2020/11/12/politics/trump-legal-electoral-college/index.html>

The Trump campaign is moving from state to state to overturn President-elect Joe Biden’s win<https://edition.cnn.com/election/2020/results/president?iid=politics_election_nationl_map>, in a series of increasingly wild legal maneuvers without credible claims that face astronomical odds and carry little precedent.

Lawsuits in Pennsylvania, Michigan and Arizona now are attempting to advance a smattering of accusations and legal theories, some based upon vague and unsupported allegations<http://www.cnn.com/2020/11/09/tech/voter-fraud-misinformation-social-media/index.html> of fraud or complaints of minor ballot processing access, as a way to prevent state officials from certifying the popular vote results, which currently all favor Biden.

“As the Trump campaign has come forward with its legal arguments, they haven’t really produced any facts or legal theory that’s stronger than when they started,” election lawyer and CNN analyst Rick Hasen said.

President Donald Trump’s campaign strategy increasingly appears to be to cast enough doubt over vote counts so it can find judges to block states from certifying the choice its voters made, according to elections experts, including longtime Republican lawyer-turned-CNN analyst Ben Ginsberg.

The Electoral College doesn’t formally select the president until December 14, with a key deadline December 8.

If that worked, in theory, it could then open the path for state legislatures — especially the Republicans in power in Michigan and Pennsylvania — to argue they should make their own choice for their Electoral College slate, handing Trump a victory that goes against Biden’s win in more than one state. But it couldn’t come close to giving Trump the electoral win without lots of help.”

I suspect the Trump campaign’s pipe dream is to force all these issues that have never before been litigated to the Supreme Court,” Ginsberg said.

Both liberal and conservative legal experts say the theoretical approach Trump appears to be trying is extremely unlikely. Even longtime GOP strategist Karl Rove wrote in The Wall Street Journal<https://www.wsj.com/articles/this-election-result-wont-be-overturned-11605134335> Wednesday night that Biden’s win wouldn’t be overturned.

‘<https://www.cnn.com/2020/11/11/politics/karl-rove-2020-election-biden-trump/index.html>“To win, Mr. Trump must prove systemic fraud, with illegal votes in the tens of thousands. There is no evidence of that so far. Unless some emerges quickly, the president’s chances in court will decline precipitously when states start certifying results,” wrote Rove, who is long considered a mastermind of political maneuvering during the presidency of George W. Bush.

Lawyers for the Biden campaign have called the Trump campaign lawsuits theater, and nothing more.
·
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118537&title=%E2%80%9CWhy%20Trump%20is%20filing%20so%20many%20flimsy%20lawsuits%20in%20battleground%20states%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Four partisans must certify Michigan’s election. One makes no promises.”<https://electionlawblog.org/?p=118535>
Posted on November 12, 2020 7:08 am<https://electionlawblog.org/?p=118535> by Rick Hasen<https://electionlawblog.org/?author=3>

Bridge MI<https://www.bridgemi.com/michigan-government/four-partisans-must-certify-michigans-election-one-makes-no-promises>:

As chairman of Michigan’s 8th Congressional District Republican Committee, Norm Shinkle actively worked to re-elect President Donald Trump.

Now, he’s poised to play a key role in deciding whether to certify Michigan election results that Trump is publicly disputing and fighting in court.

Shinkle is a member of the Board of State Canvassers<https://www.michigan.gov/sos/0,4670,7-127-1633_41221---,00.html>, a constitutionally created body that is intentionally partisan. The panel, appointed by the governor, is composed of two Democrats and two Republicans who cannot certify election results without bipartisan consensus in the form of at least a 3-1 majority vote.

In the case of a 2-2 tie, legal experts say state courts would likely order the board to certify the Michigan election. In the unlikely event that doesn’t happen, Democrats fear the Republican-led Legislature could be put in position to decide how the state awards its 16 presidential electors<https://www.bridgemi.com/michigan-government/michigan-dems-prep-doomsday-scenario-what-if-trump-loses-wont-concede>.

As they prepare for what they expect to be a certification vote this month, canvassers told Bridge they are tracking the legal drama unfolding in Michigan, where Trump has claimed victory despite unofficial results that show he lost to Democrat Joe Biden by nearly 150,000 votes<https://mielections.us/election/results/2020GEN_CENR.html>.

“I make no predictions on this,” said Shinkle, a former state senator who lives in Ingham County.

“If you just go ahead and certify everything that comes in front of you, what prevents people from cheating? There’s got to be a penalty if there is cheating going on.”

His wife, Mary Shinkle, is a witness in Trump’s federal lawsuit as one of more than 100 GOP poll challengers who filed affidavits about their experience at the TCF Center in Detroit, where absentee votes were counted.

“She saw a lot of strange things going on,” Shinkle told Bridge, pledging to keep an open mind about the statewide election overseen by local officials in 1,600 jurisdictions.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118535&title=%E2%80%9CFour%20partisans%20must%20certify%20Michigan%E2%80%99s%20election.%20One%20makes%20no%20promises.%E2%80%9D>
Posted in election administration<https://electionlawblog.org/?cat=18>


“Trump insists he’ll win, but aides say he has no real plan to overturn results and talks of 2024 run”<https://electionlawblog.org/?p=118533>
Posted on November 12, 2020 6:57 am<https://electionlawblog.org/?p=118533> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/politics/trump-election-results-strategy/2020/11/11/a32e2cba-244a-11eb-952e-0c475972cfc0_story.html>:

President Trump declared Wednesday on Twitter, “WE WILL WIN!”

But, in fact, the president has no clear endgame to actually win the election — and, in an indication he may be starting to come to terms with his loss, he is talking privately about running again in 2024.

Trump aides, advisers and allies said there is no grand strategy to reverse the election results, which show President-elect Joe Biden with a majority of electoral college<https://www.washingtonpost.com/graphics/politics/2016-election/how-the-electoral-college-works/?itid=lk_inline_manual_5> votes, as well as a 5 million-vote lead in the national popular vote<https://www.washingtonpost.com/graphics/politics/policy-2020/voting-changes/eliminate-electoral-college/?itid=lk_inline_manual_5>.

Asked about Trump’s ultimate plan, one senior administration official chuckled and said, “You’re giving everybody way too much credit right now.”

Republican officials have scrambled nationwide to produce evidence of widespread voter fraud that could bolster the Trump campaign’s legal challenges, but no such evidence has surfaced. And Biden’s lead in several states targeted by the Trump campaign has expanded as late-counted votes are reported. In all-important Pennsylvania, the Democrat now leads by more than 50,000 votes.

Still, the absence of evidence and of a comprehensive and realistic plan to overcome Trump’s significant deficit and secure him a second term have not stopped some of the leading figures in the administration and the Republican Party from amplifying the president’s misinformation about the election outcome.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118533&title=%E2%80%9CTrump%20insists%20he%E2%80%99ll%20win%2C%20but%20aides%20say%20he%20has%20no%20real%20plan%20to%20overturn%20results%20and%20talks%20of%202024%20run%E2%80%9D>
Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Trump’s fraud claims a boon for his and his allies’ fundraising”<https://electionlawblog.org/?p=118531>
Posted on November 12, 2020 6:54 am<https://electionlawblog.org/?p=118531> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico<https://www.politico.com/news/2020/11/12/trump-fraud-claims-fundraising-436188?nname=playbook&nid=0000014f-1646-d88f-a1cf-5f46b7bd0000&nrid=0000014e-f109-dd93-ad7f-f90d0def0000&nlid=630318>:

Shortly before the major news networks called the election for Joe Biden on Saturday, Trump campaign manager Bill Stepien dialed into a private call for top donors and allies to insist his candidate could still win the race — and ask them one more time to chip in.

The margins are close, Stepien said, and the campaign is still fighting. And while he recognized the call was meant as a briefing on the recount fights and not a fundraiser, Stepien made an ask anyway: He urged the donors to go to the campaign website and give to Trump’s legal defense fund.

Much of the money raised by Stepien and the Trump campaign won’t go towards challenging election results, however, but to help set the stage for the president’s next act. The Trump campaign has a recount fund, but the money won’t go to it unless someone gives more than $8,333. Rather, 60 percent of a donation up to that amount for Trump’s “Official Election Defense Fund” is routed to a new PAC started this week by the president that can pay for a wide range of activities — but is likely legally barred from spending on recounts, lawyers say. The remaining 40 percent goes to the Republican National Committee, which is allowed — but not required to — spend on the recount. Prior to Tuesday, the majority of a donation went to helping Trump’s campaign cover its debt.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“New Jersey gets ballot-tracking only half right”<https://electionlawblog.org/?p=118529>
Posted on November 12, 2020 6:50 am<https://electionlawblog.org/?p=118529> by Rick Hasen<https://electionlawblog.org/?author=3>

Andrew Appel blogs<https://freedom-to-tinker.com/2020/11/11/new-jersey-gets-ballot-tracking-only-half-right/>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118529&title=%E2%80%9CNew%20Jersey%20gets%20ballot-tracking%20only%20half%20right%E2%80%9D>
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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