[EL] ELB News and Commentary 11/18/20

[Rick Hasen]

“Lindsey Graham’s Long-Shot Mission to Unravel the Election Results”<https://electionlawblog.org/?p=118777>
Posted on November 17, 2020 8:40 pm<https://electionlawblog.org/?p=118777> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2020/11/17/us/politics/lindsey-graham-georgia-trump-biden.html>

In 2016, Senator Lindsey Graham of South Carolina praised the integrity of the nation’s elections system, criticizing claims by Donald J. Trump that the vote was “rigged.”

“Like most Americans, I have confidence in our democracy and our election system,” Mr. Graham said in a statement on Twitter<https://twitter.com/LindseyGrahamSC/status/788932279066329088?s=20>. “If he loses, it will not be because the system is ‘rigged’ but because he failed as a candidate.”

What a difference four years makes.

Mr. Graham, who has transformed<https://www.nytimes.com/2018/11/02/us/politics/lindsey-graham-trump-midterms.html> during that time to become one of Mr. Trump’s most loyal allies, now seems determined to reverse the election’s outcome on the president’s behalf. On Friday, he phoned Brad Raffensperger, the secretary of state of Georgia and a fellow Republican, wondering about the possibility of a slight tinkering with the state’s elections outcome.

What if, Mr. Graham suggested on the call, according to Mr. Raffensperger, he had the power to toss out all of the mail-in votes from counties with high rates of questionable signatures on ballots?

In an interview<https://www.washingtonpost.com/politics/brad-raffensperger-georgia-vote/2020/11/16/6b6cb2f4-283e-11eb-8fa2-06e7cbb145c0_story.html> with The Washington Post, Mr. Raffensperger said he was stunned that Mr. Graham had appeared to suggest that he find a way to toss legally cast ballots.

“It sure looked like he was wanting to go down that road,” Mr. Raffensperger said of the call from Mr. Graham, the chairman of the powerful Senate Judiciary Committee.

Mr. Graham seems bent on making every attempt to engineer a second term for Mr. Trump, despite President-elect Joseph R. Biden Jr.’s clear victory. The senator has suggested that this year’s vote represents the Republican Party’s last gasp, unless something is done to reverse the current state of election operations — the same system he praised in 2016.

“If Republicans don’t challenge and change the U.S. election system, there will never be another Republican president elected again,” Mr. Graham said on Sunday on Fox News.

The phone call to Mr. Raffensperger was one in a string of episodes in which Mr. Graham, who won his own re-election bid<https://www.nytimes.com/2020/11/03/us/politics/south-carolina-graham.html> this month, has tried to cast doubt on the presidential election’s outcome, demanding that Mr. Trump not concede the race to Mr. Biden despite the Democrat’s decisive Electoral College victory — 306 to 232 electoral votes<https://www.nytimes.com/interactive/2020/11/03/us/elections/results-president.html>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118777&title=%E2%80%9CLindsey%20Graham%E2%80%99s%20Long-Shot%20Mission%20to%20Unravel%20the%20Election%20Results%E2%80%9D>
Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Trump campaign deploys Giuliani to assist flailing legal effort”<https://electionlawblog.org/?p=118775>
Posted on November 17, 2020 8:35 pm<https://electionlawblog.org/?p=118775> by Rick Hasen<https://electionlawblog.org/?author=3>

Josh Gerstein<https://www.politico.com/news/2020/11/17/giuliani-federal-judge-pennsylvania-tallies-tossed-437066> for Politico:

Giuliani’s presence amped up the drama of the hearing and briefly displaced the predominant narrative that the president’s legal challenges have thus far been almost completely unsuccessful. However, it was less clear whether his presence would bolster the campaign’s legal record.

When Brann asked technical legal questions about whether “strict scrutiny” or “rational basis” tests applied to the case, Giuliani struggled to answer. At times, his arguments sounded more like legal commentary from a TV talk show than what lawyers typically argue about in court.

Giuliani referred to alleged fraud or irregularities in Minnesota, Wisconsin and Nevada, although the relevance of those to the pending suit in Pennsylvania was unclear. He also struggled to explain how Boockvar was legally responsible for the treatment of observers in some counties or how various counties handled flawed ballots. Giuliani eventually said she was a proper defendant because nonbinding guidance she issued to county election officials caused “mass confusion.”

Brann’s first question after initial presentations from lawyers on various sides of the case suggested the Trump campaign faces long odds in its question to block certification of the statewide results based on alleged exclusion of observers in some Pennsylvania cities.

“At bottom, you’re asking this court to invalidate more than 6.8 million votes, thereby disenfranchising every single voter in the commonwealth. Can you tell me how this result can possibly be justified?” the judge asked.

Although the suit does ask to block certification of the statewide results, Giuliani focused on the 680,000 votes he said were counted in Philadelphia and Pittsburgh while Republican observers were excluded or were too far away to see the ballots.

“The remedy … is draconian because the conduct was egregious,” Giuliani said. “As far as we’re concerned, Your Honor, those ballots could have been for Mickey Mouse.”

Despite opening his remarks with sweeping claims of fraud, Giuliani acknowledged later in the session that the complaint in the case didn’t directly allege fraud.

Another ominous sign for the Trump campaign: Brann canceled an evidentiary hearing he had set for Thursday where the Trump lawyers could have called witnesses to complain about the access issues.

A lawyer for several counties that were sued in the case, Mark Aronchick, warned that such a hearing could become a “circus.” He was evidently disdainful of Giuliani’s arguments, particularly the call to throw out nearly 700,000 ballots.

“The idea that you’re being asked to do that, I don’t use this word very much … it is disgraceful,” Aronchick said.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118775&title=%E2%80%9CTrump%20campaign%20deploys%20Giuliani%20to%20assist%20flailing%20legal%20effort%E2%80%9D>
Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Hearings on Pennsylvania election unlikely in Harrisburg this year; Republicans eye 2021 for election law changes”<https://electionlawblog.org/?p=118773>
Posted on November 17, 2020 8:30 pm<https://electionlawblog.org/?p=118773> by Rick Hasen<https://electionlawblog.org/?author=3>

Morning Call:<https://www.mcall.com/news/pennsylvania/capitol-ideas/mc-nws-pa-election-hearings-unlikely-20201116-7d272nzrqrad3mxki6dot6t3ga-story.html>

The prospect of Republican-led hearings in Harrisburg this month to scrutinize the conduct of the election appears to have diminished, with key officials unavailable because of their involvement in lawsuits and the 2019-20 session scheduled to end Nov. 30.

York County Republican Rep. Seth Grove, interim chairperson of the state House committee identified last week as a possible vehicle for hearings, said Monday they probably would not happen this year.

But, he said, election law changes were a “must” for the next legislation session, which starts in January. A spokeswoman for Senate Majority Leader Jake Corman, Jennifer Kocher, also said a look back at the election might produce calls for changes.

Democrats, meanwhile, view the election as well-run.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118773&title=%E2%80%9CHearings%20on%20Pennsylvania%20election%20unlikely%20in%20Harrisburg%20this%20year%3B%20Republicans%20eye%202021%20for%20election%20law%20changes%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Breaking: Wayne County, Michigan Election Board Reverses Decision, Certifies Vote (With Promised Audit)<https://electionlawblog.org/?p=118771>
Posted on November 17, 2020 6:30 pm<https://electionlawblog.org/?p=118771> by Rick Hasen<https://electionlawblog.org/?author=3>

Detroit News<https://www.detroitnews.com/story/news/politics/2020/11/17/wayne-county-canvassers-deadlock-certifying-november-3-election-results/6324274002/>:

The Wayne County Board of Canvassers abruptly changed course Tuesday night and certified the results of the Nov. 3 election after initially deadlocking 2-2 along party lines, which could have delayed the state process for authorizing results.

The deadlock decision was lauded by Republicans but decried by Democrats. During a public comment session, the vote was described as a targeted attack on majority-Black Detroit.

The change in course was approved by the two Republican and two Democratic canvassers with the demand that the Secretary of State’s office conduct an audit of unbalanced absentee counting board results.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118771&title=Breaking%3A%20Wayne%20County%2C%20Michigan%20Election%20Board%20Reverses%20Decision%2C%20Certifies%20Vote%20(With%20Promised%20Audit)>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Video of My Appearance on CNN AC360 Talking About Michigan Certification, Rudy Giuliani’s Bad PA Lawyering, and New Nevada Lawsuit<https://electionlawblog.org/?p=118769>
Posted on November 17, 2020 6:26 pm<https://electionlawblog.org/?p=118769> by Rick Hasen<https://electionlawblog.org/?author=3>

You can watch here:<https://www.youtube.com/watch?v=FYAFG0aKquY&feature=youtu.be>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118769&title=Video%20of%20My%20Appearance%20on%20CNN%20AC360%20Talking%20About%20Michigan%20Certification%2C%20Rudy%20Giuliani%E2%80%99s%20Bad%20PA%20Lawyering%2C%20and%20New%20Nevada%20Lawsuit>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Georgia manual recount won’t replace official election results”<https://electionlawblog.org/?p=118767>
Posted on November 17, 2020 6:19 pm<https://electionlawblog.org/?p=118767> by Rick Hasen<https://electionlawblog.org/?author=3>

AJC<https://www.ajc.com/politics/georgia-manual-recount-wont-replace-official-election-results/5JQHU3HW2VBAVMBCRK7PIY3UUY/>:

Georgia election officials said Tuesday they no longer intend to make the results of the state’s manual recount<https://www.ajc.com/politics/georgia-election-recount-nears-completion-with-results-to-come/D5OXYX2ILFFX5KOGP72OAM3AI4/> the official tally in the presidential race, with a couple of exceptions.

The decision leaves little chance for election results to change much after the recount concludes Wednesday. Joe Biden led President Donald Trump by 14,000 votes, according to unofficial results<https://www.ajc.com/politics/election-results/>.

But some votes that weren’t originally counted will be added to the state’s totals. Election officials in Floyd and Fayette counties discovered ballots they hadn’t previously been tabulated, and those votes will be included in final counts. After accounting for those ballots, Biden’s lead will shrink to about 13,000 votes.

The change in how the recount is handled came after lawyers for the secretary of state’s office reviewed Georgia law and concluded that the new hand count shouldn’t replace the original machine count of scanned ballots, said Gabriel Sterling, the state’s voting system manager.

MORE<https://www.ajc.com/politics/georgia-election-recount-nears-completion-with-results-to-come/D5OXYX2ILFFX5KOGP72OAM3AI4/>:

Election workers discovered almost 2,800 previously uncounted ballots Tuesday, the second time this week that Georgia’s recount revealed that election officials in Republican-leaning counties had missed some ballots.

The finding, which came as Georgia’s manual recount neared completion Wednesday, narrowed Joe Biden’s lead over Donald Trump to 12,929, according to the secretary of state’s office.

The missing votes weren’t entirely unexpected in Fayette and Floyd counties. Both counties had reported more ballots cast than votes counted, indicating that they might have overlooked some ballots. There didn’t appear to be any other counties with vote-counting discrepancies, according to state election data.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118767&title=%E2%80%9CGeorgia%20manual%20recount%20won%E2%80%99t%20replace%20official%20election%20results%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Trump campaign files lawsuit asking judge to overturn or annul Nevada’s presidential election results<https://electionlawblog.org/?p=118765>
Posted on November 17, 2020 6:17 pm<https://electionlawblog.org/?p=118765> by Rick Hasen<https://electionlawblog.org/?author=3>

Nevada Independent<https://thenevadaindependent.com/article/trump-campaign-files-lawsuit-asking-judge-to-overturn-or-annul-nevadas-presidential-election-results>:

President Donald Trump’s reelection campaign has filed a lawsuit contesting the results of the state’s presidential election while claiming without direct evidence that the identified irregularities will be enough to overturn Joe Biden’s victory in the state.

At a press conference Tuesday outside the state Republican Party headquarters in Las Vegas, representatives from the Trump campaign — including former Attorney General Adam Laxalt, campaign attorney Jesse Binnall and American Conservative Union chair Matt Schlapp — said they had identified multiple examples of irregularities and voter fraud in the state’s 2020 general election that they allege in totality prove Trump won the election.

The lawsuit, which was filed in Carson City District Court Tuesday afternoon, is the latest legal challenge filed by the Trump campaign and Republican groups over Nevada and Clark County’s general election processes and procedures. Final vote tallies<https://silverstateelection.nv.gov/USPresidential/> released over the weekend and certified by counties on Monday gave former Vice President Joe Biden a 33,596 vote, or 2.39 percentage point, lead over Trump in the state.

But representatives from the Trump campaign say they’ve uncovered enough evidence of questionable votes to call into doubt those results and “bridge the gap” between Trump and Biden in the state.

“We’re quite confident in the fact that when the law and the facts are clearly adjudicated in this matter, that it will be very clear that once all the voting happened, once everything occurred, the results were unreliable because of the irregularities and the fraud” Binnall said.

Dan Kulin, a spokesman for Clark County, said in an emailed statement that the county has not yet seen the lawsuit but that it “sounds like they are repeating allegations the courts have already rejected, misstating and misrepresenting evidence provided in those proceedings, and parroting erroneous allegations made by partisans without first-hand knowledge of the facts.”
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118765&title=%E2%80%9CTrump%20campaign%20files%20lawsuit%20asking%20judge%20to%20overturn%20or%20annul%20Nevada%E2%80%99s%20presidential%20election%20results>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“GOP members of Wayne County Board of Canvassers vote against certifying election results”<https://electionlawblog.org/?p=118763>
Posted on November 17, 2020 5:19 pm<https://electionlawblog.org/?p=118763> by Rick Hasen<https://electionlawblog.org/?author=3>

Detroit Free Press:<https://www.freep.com/story/news/local/michigan/detroit/2020/11/17/wayne-county-election-certification/6309668002/>

The two Republican members of the Wayne County Board of Canvassers<https://www.waynecounty.com/elected/clerk/board-of-canvassers.aspx> cast an unprecedented vote Tuesday against certifying the county’s November election results for the county’s 43 jurisdictions, including Detroit, Michigan’s largest voting jurisdiction.

Monica Palmer, the Republican chair of the committee said: “I believe that we do not have complete and accurate information on those poll books,” referring to jurisdictions, including Detroit, that recorded unexplained discrepancies between the number of absentee ballots recorded as cast and the number of absentee ballots counted.

Jonathan Kinloch, the Democratic vice chair of the board, said: “Most of this is human error. … It’s not based on fraud.”

All four members of the board unanimously supported the certification of the August primary election, which also saw unexplained discrepancies….

Statement<https://twitter.com/JocelynBenson/status/1328849110619840513?s=20> of Michigan SOS Benson:
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118763&title=%E2%80%9CGOP%20members%20of%20Wayne%20County%20Board%20of%20Canvassers%20vote%20against%20certifying%20election%20results%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


True the Vote Explains Why It Dropped Trump-Related Election Suits in 4 States<https://electionlawblog.org/?p=118761>
Posted on November 17, 2020 5:15 pm<https://electionlawblog.org/?p=118761> by Rick Hasen<https://electionlawblog.org/?author=3>

Via email:<https://twitter.com/rickhasen/status/1328850064630894592?s=20>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118761&title=True%20the%20Vote%20Explains%20Why%20It%20Dropped%20Trump-Related%20Election%20Suits%20in%204%20States>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Trump fires top DHS official who refuted his claims that the election was rigged” (Krebs)<https://electionlawblog.org/?p=118759>
Posted on November 17, 2020 5:13 pm<https://electionlawblog.org/?p=118759> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/national-security/trump-fires-dhs-election-official/2020/11/17/97d3fa5c-251c-11eb-952e-0c475972cfc0_story.html>

President Trump on Tuesday fired a top Department of Homeland Security official who led the agency’s efforts to help secure the election and was vocal about tamping down unfounded claims of ballot fraud.

In a tweet, Trump fired Christopher Krebs, who headed the Cybersecurity and Infrastructure Security Agency at DHS, and led successful efforts to help state and local election offices protect their systems and to rebut misinformation.

Earlier in the day, Krebs in a tweet refuted allegations that election systems were manipulated, saying that “59 election security experts all agree, ‘in every case of which we are aware, these claims either have been unsubstantiated or are technically incoherent.’”

Krebs’ statement amounted to a debunking of Trump’s central claim that the November election was stolen.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118759&title=%E2%80%9CTrump%20fires%20top%20DHS%20official%20who%20refuted%20his%20claims%20that%20the%20election%20was%20rigged%E2%80%9D%20(Krebs)>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Joe Biden won, Michigan elector coup ‘not going to happen,’ GOP leader says”<https://electionlawblog.org/?p=118757>
Posted on November 17, 2020 12:42 pm<https://electionlawblog.org/?p=118757> by Rick Hasen<https://electionlawblog.org/?author=3>

Bridge MI<https://www.bridgemi.com/michigan-government/joe-biden-won-michigan-elector-coup-not-going-happen-gop-leader-says>:

Conservative groups have also started phone and letter-writing campaigns in an attempt to persuade legislative Republicans to decide the election for Trump.

“That’s not going to happen,” Shirkey, R-Clarklake, said in a wide-ranging interview with Bridge Michigan. He noted state law awards electors to the winner of the state’s popular vote. And Biden won the state by more than 146,000 votes, according to unofficial results.

“We are going to follow the law and follow the process,” he said. “I do believe there’s reason to go slow and deliberate as we evaluate the allegations that have been raised.”

Shirkey spoke with Bridge hours before Tuesday’s deadline for Michigan’s 83 county canvassing boards statewide to certify results, a key step before the Electoral College formally selects the president on Dec. 14.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118757&title=%E2%80%9CJoe%20Biden%20won%2C%20Michigan%20elector%20coup%20%E2%80%98not%20going%20to%20happen%2C%E2%80%99%20GOP%20leader%20says%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


On 5-2 Vote, Pennsylvania Supreme Court Holds Republican Observers’ Right to Observe Ballot Counting Were Not Violated ; Dissenters Note that Any Violation Would Be No Basis to Disenfranchise Voters<https://electionlawblog.org/?p=118752>
Posted on November 17, 2020 12:39 pm<https://electionlawblog.org/?p=118752> by Rick Hasen<https://electionlawblog.org/?author=3>

From the majority opinion:<https://electionlawblog.org/wp-content/uploads/pa-canvass-majority.pdf>

In sum, we conclude the Board did not act contrary to law in fashioning its regulations governing the positioning of candidate representatives during the precanvassing and canvassing process, as the Election Code does not specify minimum distance parameters for the location of such representatives. Critically, we find the Board’s regulations as applied herein were reasonable in that they allowed candidate representatives to observe the Board conducting its activities as prescribed under the Election Code. Accordingly, we determine the Commonwealth Court’s order was erroneous. Thus, we vacate that order, and reinstate the trial court’s order.

From the principal dissent<https://electionlawblog.org/wp-content/uploads/pa-dissent2.pdf> arguing mootness:

Finally, short of demonstrated fraud, the notion that presumptively valid ballots cast by the Pennsylvania electorate would be disregarded based on isolated procedural irregularities that have been redressed — thus disenfranchising potentially thousands of voters — is misguided. Accordingly, to the degree that there is a concern with protecting or legitimizing the will of the Philadelphians who cast their votes while candidate representatives were unnecessarily restrained at the Convention Center, I fail to see that there is any real issue.

Other dissen<https://electionlawblog.org/wp-content/uploads/pa-dissent1.pdf>t.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118752&title=On%205-2%20Vote%2C%20Pennsylvania%20Supreme%20Court%20Holds%20Republican%20Observers%E2%80%99%20Right%20to%20Observe%20Ballot%20Counting%20Were%20Not%20Violated%20%3B%20Dissenters%20Note%20that%20Any%20Violation%20Would%20Be%20No%20Basis%20to%20Disenfranchise%20Voters>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


It Gets Worse for Trump Campaign in Its PA Suit: Giuliani Misrepresents His Bar Status<https://electionlawblog.org/?p=118750>
Posted on November 17, 2020 8:40 am<https://electionlawblog.org/?p=118750> by Rick Hasen<https://electionlawblog.org/?author=3>

I have already written<https://electionlawblog.org/?p=118721> how the Trump campaign sought a last minute substitution of lawyers and then a delay of the preliminary injunction hearing in Trump’s Pennsylvania lawsuit seeking to delay certification of the vote.

Well now Rudy Giuliani has asked to make an appearance in the case for the Trump campaign. His application says he’s a member of the DC Bar in good standing (seeking pro hac vice status). But he’s suspended<https://twitter.com/benjaminwittes/status/1328729761217179648> for not paying his bar fees.

This lawyering is a joke.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118750&title=It%20Gets%20Worse%20for%20Trump%20Campaign%20in%20Its%20PA%20Suit%3A%20Giuliani%20Misrepresents%20His%20Bar%20Status>


Posted in Uncategorized<https://electionlawblog.org/?cat=1>
“Trump’s legal push to disrupt Pa.’s election results is on its last legs. What’s his campaign still fighting in court?”<https://electionlawblog.org/?p=118748>
Posted on November 17, 2020 8:35 am<https://electionlawblog.org/?p=118748> by Rick Hasen<https://electionlawblog.org/?author=3>

Philly Inquirer<https://fusion.inquirer.com/news/trump-lawsuits-pennsylvania-election-results-supreme-court-federal-judge-20201116.html>:

The legal push by President Donald Trump to contest the results of Pennsylvania’s Nov. 3 election is on its last legs after a devastating week that delivered a string of courtroom losses and saw the sudden departure of the law firm leading up the fight<https://www.inquirer.com/news/pennsylvania-election-trump-lawsuits-porter-wright-court-linda-kerns-biden-20201113.html>.

While Trump’s campaign continues to pursue legal challenges, there was no active case left with enough ballots in question to reverse Joe Biden’s 69,000-vote advantage in the state as of Monday afternoon.

Trump campaign lawyers now say their goal isn’t to overturn Biden’s lead but to whittle his 1.01-point lead down to 0.5 points and trigger an automatic recount.

And this week is likely to prove decisive in the one case on which the campaign has pinned its remaining hopes — a suit seeking a court order barring Pennsylvania from certifying its final vote tally.

It’s worth noting again that despite the outsized rhetoric from the president and his allies<https://www.inquirer.com/news/trump-lawsuits-philadelphia-biden-election-four-seasons-pennsylvania-20201107.html> about widespread and systemic voter fraud<https://www.inquirer.com/news/trump-biden-vote-fraud-philadelphia-pittsburgh-rudy-giuliani-lawsuits-20201108.html>, none of the suits his campaign has filed so far has contained even one allegation — let alone evidence — of a single vote being deliberately cast illegally. What’s more, campaign lawyers, when pressed by Pennsylvania judges in court, have consistently acknowledged that they are not alleging voter fraud but are instead seeking to disqualify ballots submitted by lawful voters based on legal technicalities.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118748&title=%E2%80%9CTrump%E2%80%99s%20legal%20push%20to%20disrupt%20Pa.%E2%80%99s%20election%20results%20is%20on%20its%20last%20legs.%20What%E2%80%99s%20his%20campaign%20still%20fighting%20in%20court%3F%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“A Popular Political Site Made a Sharp Right Turn. What Steered It?”<https://electionlawblog.org/?p=118746>
Posted on November 17, 2020 8:25 am<https://electionlawblog.org/?p=118746> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2020/11/17/us/politics/a-popular-political-site-made-a-sharp-right-turn-what-steered-it.html>

Interviews with current and former Real Clear staff members, along with a review of its coverage and tax filings, point to a shift to the right within the organization in late 2017, when the bulk of its journalists who were responsible for straight-news reporting on Capitol Hill, the White House and national politics were suddenly laid off<https://www.poynter.org/business-work/2017/realclearpolitics-hit-by-surprise-layoffs/>. Though the staff always knew the website’s founders were conservative and harbored strong views about liberal media bias, several said they never felt any pressure from above to slant their stories.

“One day we were all called in and told it was over,” said Alexis Simendinger, who was the White House correspondent for Real Clear Politics. “It was a very surprising thing.”

They were never given much of an explanation why, the former employees said. But they were surprised to learn who was replacing them in some cases: writers who had worked in the conservative movement or for the Republican Party. One hire was the former chair of the Manhattan Republican Party and was married to a senior Trump administration official.

Top Real Clear executives also developed business ties with a hard-right conservative outlet, The Federalist, that is frequently promoted on the Real Clear flagship website. Public records and interviews show that The Federalist, whose funding sources have been largely secret, draws from the same pool of donor money as Real Clear. In their statement, Mr. McIntyre and Mr. Bevan emphasized the website’s independence but declined to address specific questions about their donors.

Given the challenges of turning a profit in digital media, political publications often have a hard time existing on advertising revenue alone. Some right-of-center outlets like Real Clear and National Review, along with left-leaning ones like Media Matters for America and Mother Jones, fund part of their operations through foundations that can accept anonymous tax-deductible contributions.

Publishers and media scholars said that while these gifts provide a measure of financial stability, they can also cost an outlet its editorial independence — or the perception of independence. And accepting money from ideologically motivated donors, especially ones who wish to keep their giving private, opens the door to a host of ethical questions….

From 2016 to 2017, donations to the Real Clear Foundation more than quadrupled to $1.7 million, with nearly all of that coming from two entities that conservatives use to shield their giving from public disclosure requirements, Donors Trust and Donors Capital Fund. In 2018, the Real Clear Foundation had its best year yet, reporting more than $3 million in donations. One donor whose identity is disclosed on tax filings is Andrew Puzder, who was briefly Mr. Trump’s nominee for labor secretary and writes opinion pieces for Real Clear.

Public records from those years and interviews show how the leadership and donor base of Real Clear and The Federalist overlapped.

One of The Federalist’s major financial backers is the conservative, pro-Trump businessman Richard Uihlein, according to two people<https://www.nytimes.com/2020/08/03/us/politics/the-federalist-trump-liberals.html> with knowledge of the website’s finances. Mr. Uihlein and his wife, Elizabeth, who runs their family’s multibillion-dollar packaging business, have been known to steer money toward hard-right candidates that many other Republicans have avoided, like Roy S. Moore, the former Alabama judge whose Senate campaign unraveled after women accused him of pursuing them and fondling them when he was in his 30s and they were teenagers.

Ms. Uihlein was also known for her outspokenness against public health lockdowns and revealed<https://www.bloomberg.com/news/articles/2020-11-12/billionaire-trump-donors-uihlein-test-positive-for-coronavirus> last week that she and her husband had contracted the coronavirus.

Together the couple have become one of the biggest sources<https://www.nytimes.com/2020/08/16/us/politics/trumps-campaign-big-donors.html> of investment in conservative politics in recent years. They have given $250,000 to the Real Clear Foundation through their family nonprofit, tax records from 2017 and 2018 show.

The Federalist’s funding remains opaque, but its ties to Real Clear are detailed in public documents. Two top executives at Real Clear Politics were named in disclosures filed by Federalist entities. Mr. McIntyre, the Real Clear co-founder, is listed as a director of The Federalist’s umbrella corporation on a filing<https://www.sec.gov/Archives/edgar/data/1716513/000171651317000003/xslFormDX01/primary_doc.xml> with the Securities and Exchange Commission that also bears his signature.

The Real Clear publisher David DesRosiers was listed<https://opencorporates.com/companies/us_dc/EXTUID_4210376> as a director with The Federalist’s nonprofit foundation. And as reported by BuzzFeed<https://www.buzzfeednews.com/article/rosiegray/federalist-weekly-standard> and others, The Federalist has used the same address that Real Clear Politics uses as the location of its Chicago office.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118746&title=%E2%80%9CA%20Popular%20Political%20Site%20Made%20a%20Sharp%20Right%20Turn.%20What%20Steered%20It%3F%E2%80%9D>
Posted in cheap speech<https://electionlawblog.org/?cat=130>, tax law and election law<https://electionlawblog.org/?cat=22>


“Most Secure Election Ever: Vote-by-Mail Is Here to Stay”<https://electionlawblog.org/?p=118744>
Posted on November 17, 2020 8:17 am<https://electionlawblog.org/?p=118744> by Rick Hasen<https://electionlawblog.org/?author=3>

Governing<https://www.governing.com/now/Most-Secure-Election-Ever-Vote-by-Mail-Is-Here-to-Stay.html> speaks to Amber McReynolds.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118744&title=%E2%80%9CMost%20Secure%20Election%20Ever%3A%20Vote-by-Mail%20Is%20Here%20to%20Stay%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Election Panel Set to Be Revived But Likely to Remain Deadlocked”<https://electionlawblog.org/?p=118742>
Posted on November 17, 2020 8:13 am<https://electionlawblog.org/?p=118742> by Rick Hasen<https://electionlawblog.org/?author=3>

Ken Doyle<https://about.bgov.com/news/election-panel-set-to-be-revived-but-likely-to-remain-deadlocked/> for Bloomberg Government:

The Federal Election Commission is set to be revived after being sidelined during the most expensive election in U.S. history.

Senate Rules and Administration Committee Chairman Roy Blunt (R-Mo.) scheduled a confirmation hearing for Wednesday for Democrat Shana Broussard and Republicans Sean Cooksey and Allen Dickerson. President Donald Trump nominated them to fill longstanding vacancies to the commission in charge of campaign finance enforcement.

The panel hopes to advance their nominations to the Senate floor, where they could be voted on by the end of November.

The FEC can then get started on a backlog of about 400 enforcement cases that, according to commission officials, include complaints filed in this year’s election, as well as unresolved matters from the the previous two federal elections and some from even earlier.

But some campaign finance experts doubt that the restoration of a voting quorum — which the FEC has lacked for all but a few weeks since September 2019 — will end the history of gridlock on the six-member panel, which is equally divided between the parties and requires the approval of four members to take any enforcement action.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118742&title=%E2%80%9CElection%20Panel%20Set%20to%20Be%20Revived%20But%20Likely%20to%20Remain%20Deadlocked%E2%80%9D>
Posted in federal election commission<https://electionlawblog.org/?cat=24>


Nov. 19 Ohio State Event: “Presidential Election Debrief: A Conversation among Election Law Scholars”<https://electionlawblog.org/?p=118740>
Posted on November 17, 2020 8:12 am<https://electionlawblog.org/?p=118740> by Rick Hasen<https://electionlawblog.org/?author=3>

Details<https://u.osu.edu/electionlaw/events/presidential-election-debrief-a-conversation-among-election-law-scholars/> for the virtual webinar:

Election Law at Ohio State is honored to host a conversation among nationally-recognized election law scholars as they assess the election-related lawsuits, the certification of results in the states, and the next steps in the Electoral College process. We invite you to listen in as they offer their perspectives on where we are and where we might be headed.

THURSDAY, NOVEMBER 19
2:30 – 3:30pm (ET)
REGISTER HERE<https://osu.zoom.us/webinar/register/WN_bLF-gMCvQJiiFMsMOi10sQ>

HOST: Edward B. Foley | Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law; Director, Election Law, Moritz College of Law, The Ohio State University

MODERATOR: Steven F. Huefner | C. William O’Neill Professor in Law and Judicial Administration; Deputy Director, Election Law, Moritz College of Law, The Ohio State University

INVITED PANELISTS:

Guy-Uriel Charles | Edward and Ellen Schwarzman Professor of Law, Co-director of the Duke Law Center on Law, Race and Politics, Duke Law

Joshua A. Douglas | Ashland, Inc-Spears Distinguished Research Professor of Law, Rosenberg College of Law, University of Kentucky

Rebecca Green | Professor of the Practice of Law, Kelly Professor of Excellence in Teaching, Co-Director of the Election Law Program, William & Mary Law School

Richard L. Hasen | Chancellor’s Professor of Law and Political Science, UC Irvine School of Law

Justin Levitt | Associate Dean for Research, Professor of Law, Loyola Law School

Lisa Manheim | Charles I. Stone Associate Professor of Law, University of Washington School of Law

Michael T. Morley | Assistant Professor, Florida State University College of Law

Derek T. Muller | Professor of Law, University of Iowa College of Law

Nathaniel Persily | James B. McClatchy Professor of Law at Stanford Law School

Richard H. Pildes | Sudler Family Professor of Constitutional Law, New York University School of Law

Charles Stewart III | Kenan Sahin Distinguished Professor of Political Science, MIT; Co-director, Caltech/MIT Voting Technology Project; Director, MIT Election Data and Science Lab

Franita Tolson | Vice Dean for Faculty and Academic Affairs, and Professor of Law, USC Gould School of Law
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118740&title=Nov.%2019%20Ohio%20State%20Event%3A%20%E2%80%9CPresidential%20Election%20Debrief%3A%20A%20Conversation%20among%20Election%20Law%20Scholars%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Trump campaign sees election lawsuits fizzle”<https://electionlawblog.org/?p=118738>
Posted on November 17, 2020 8:08 am<https://electionlawblog.org/?p=118738> by Rick Hasen<https://electionlawblog.org/?author=3>

John Kruzel <https://thehill.com/regulation/court-battles/526249-trump-campaign-sees-election-lawsuits-fizzle> in The Hill.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118738&title=%E2%80%9CTrump%20campaign%20sees%20election%20lawsuits%20fizzle%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Rep. Andy Biggs wants Congress to appoint a president? How convenient”<https://electionlawblog.org/?p=118733>
Posted on November 17, 2020 5:15 am<https://electionlawblog.org/?p=118733> by Richard Pildes<https://electionlawblog.org/?author=7>

I missed this <https://www.azcentral.com/story/opinion/op-ed/laurieroberts/2020/11/11/rep-andy-biggs-says-congress-should-appoint-president-he-nuts/6246716002/> one, from Laurie Roberts at the Arizona Republic<https://www.azcentral.com/staff/2646519001/laurie-roberts/>

Yet another Arizona congressman has completely lost it over the defeat of President Donald Trump.

It’s expected and accepted that Rep. Paul Gosar lives in the land where conspiracies abound. Now Rep. Andy Biggs has careened right off the rails and over the edge….

On Tuesday, Biggs suggested that the entire election be nullified<https://www.azcentral.com/story/news/politics/arizona/2020/11/10/andy-biggs-paul-gosar-add-fuel-baseless-election-fraud-claims/6243784002/>, leaving it to … wait for it … Congress to appoint a president.

Never mind that there has been no evidence of any widespread fraud.

“Well, you’re talking about fraud, pure and simple,” Biggs said, during a Tuesday appearance on The Charlie Kirk Show. “We’re talking about Pennsylvania is an utter disaster, and really your immediate remedy is to basically nullify Pennsylvania’s election.

“So Pennsylvania would have to decide: are we going to revote? And I don’t think there’s time to revote. And if you can’t revote, then you can’t seat their electors. And if you can’t see their electors, you can’t seat anybody’s. And then you’re going to move to the Congress.”
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D118733&title=%E2%80%9CRep.%20Andy%20Biggs%20wants%20Congress%20to%20appoint%20a%20president%3F%20How%20convenient%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/>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20201118/e7024ea4/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20201118/e7024ea4/attachment.png>