[EL] ELB News and Commentary 11/26/20

[Rick Hasen]

“Trump calls into Pennsylvania hearing, rambles about voter fraud on speakerphone”<https://electionlawblog.org/?p=119085>
Posted on November 25, 2020 5:05 pm<https://electionlawblog.org/?p=119085> by Rick Hasen<https://electionlawblog.org/?author=3>

NBC News<https://www.nbcnews.com/politics/2020-election/trump-calls-pennsylvania-hearing-rambles-about-voter-fraud-speakerphone-n1249029>:

President Donald Trump on <https://www.c-span.org/video/?c4925781/president-trump-election-rigged-overturned> Wednesday phoned into a Pennsylvania state Senate hearing where his lawyers were appearing as part of their shriveling legal battle<https://www.nbcnews.com/politics/2020-election/beyond-embarrassment-legal-experts-say-trump-giuliani-s-floundering-efforts-n1248667> against the election results.

After calling his lawyers in the middle of the hearing — held at the Wyndham Hotel in Gettysburg, Pennsylvania — Trump launched a breathless, 10-minute-long rant about election fraud during which he surfaced many of his familiar false claims about dead people voting, illegal ballots, Democrats’ corruption and more.

“We have to turn the election over, because there’s no doubt we have all the evidence, we have all the affidavits, we have everything,” he said, providing no evidence of his various allegations. “All we need is to have some judge listen to it properly without having a political opinion or having another kind of a problem, because we have everything and, by the way, the evidence is pouring in now as we speak.”
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“As States Certify Ballot Totals, An Extraordinary Election Comes To An End”<https://electionlawblog.org/?p=119082>
Posted on November 25, 2020 4:03 pm<https://electionlawblog.org/?p=119082> by Rick Hasen<https://electionlawblog.org/?author=3>

Pam Fessler<https://www.npr.org/2020/11/25/938617688/as-states-certify-ballot-totals-an-extraordinary-election-comes-to-an-end?utm_campaign=npr&utm_medium=social&utm_source=twitter.com&utm_term=nprnews> for NPR:

Signs of a tattered, but resilient, voting system were on full display this week as one of the most contentious elections in U.S. history rolled toward completion.

Pennsylvania, Michigan, Nevada and North Carolina put the final stamp of approval on their official vote counts, while workers re-tallied millions of ballots in Georgia and Wisconsin to assure the Trump campaign that the initial count was accurate. Courts in Pennsylvania, Michigan and elsewhere reviewed and, almost uniformly, rejected<https://www.npr.org/2020/11/19/936759911/despite-more-than-2-dozen-legal-losses-trumps-lawyers-press-on-with-election-fig> legal challenges for lack of merit.

The 2020 election was extraordinary in so many ways. A pandemic forced election workers to shift their attention from guarding against Russian phishing attacks to acquiring adequate supplies of hand sanitizers and printing millions of mail-in ballots. But more extraordinary were the unrelenting attacks on the legitimacy of the system, primarily by President Trump and his allies, and the resulting decline in public trust.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Donor Sues True the Vote Claiming He Gave $2.5 Million to Fund Jim Bopp Litigation to Expose Fraud in Battleground States to Help Trump, But the Group Withdrew Their Complaints and Did Nothing. He Wants a Refund.<https://electionlawblog.org/?p=119080>
Posted on November 25, 2020 3:39 pm<https://electionlawblog.org/?p=119080> by Rick Hasen<https://electionlawblog.org/?author=3>

Read the complaint here<https://www.scribd.com/document/485835808/Fred-Eshelman-v-True-the-Vote-Inc> (via Cameron Langford)<https://twitter.com/cam_langford/status/1331738841145860096>. One of the allegations of the complaint is that TTV withdrew the 4 lawsuits in cooperation with the Trump campaign.

Can’t wait to hear the rest of this story.

More thoughts in this thread<https://twitter.com/rickhasen/status/1331744353270652929?s=20>.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Ensuring an Accurate Vote: Dominion Voting Systems and other election software have vulnerabilities, but layers of security guard against widespread fraud”<https://electionlawblog.org/?p=119077>
Posted on November 25, 2020 11:49 am<https://electionlawblog.org/?p=119077> by Rick Hasen<https://electionlawblog.org/?author=3>

World Magazine reports<https://world.wng.org/2020/11/ensuring_an_accurate_vote>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Tillman: “Senator and Vice President of the United States: Can Kamala Harris Hold Both Positions at the Same Time?”<https://electionlawblog.org/?p=119074>
Posted on November 25, 2020 11:38 am<https://electionlawblog.org/?p=119074> by Rick Hasen<https://electionlawblog.org/?author=3>

Seth Barrett Tillman says maybe<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3737188>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Breaking: Pennsylvania State Judge Temporarily Blocks Certification, to the Extent It is Not Already Complete, of Biden as Winner, and Blocks Certification in Other Races Pending Friday Hearing [Corrected and Updated]<https://electionlawblog.org/?p=119069>
Posted on November 25, 2020 8:37 am<https://electionlawblog.org/?p=119069> by Rick Hasen<https://electionlawblog.org/?author=3>

This order<https://electionlawblog.org/wp-content/uploads/kelly-order.pdf> comes in a bonkers lawsuit that claims all vote-by-mail in Pennsylvania was illegal, rendering the election for every office a nullity.

This won’t stick as the case works its way up the food chain.

Update: And now the matter has been appealed to the state supreme court, which I appears to act <http://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/210/chapter17/s1736.html&d=reduce> acts as an automatic stay of the order pending consideration.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Announcement from AALS Section on Election Law, Including New Lifetime Achievement Award to Richard Briffault<https://electionlawblog.org/?p=119067>
Posted on November 25, 2020 7:26 am<https://electionlawblog.org/?p=119067> by Rick Hasen<https://electionlawblog.org/?author=3>

Announcement via email (and congratulations for the well deserved recognition to Richard!):

The Section on Election Law’s New Initiatives at AALS
This year, under Gene Mazo’s leadership, the Section on Election Law at AALS has spearheaded several new initiatives, in addition to organizing its annual panel. Please read below to learn more.
1. The Section’s Regular Panel
The Section on Election Law will hold its regular panel this year on Wednesday, January 5, 2021, from 11:00 a.m. to 12:15 p.m. The title of this year’s panel is “Voting during a Pandemic: Lessons from 2020.” The panel’s lineup includes:
Edward Foley (Ohio State)Rebecca Green (William & Mary)Justin Levitt (Loyola-Los Angeles)
Lisa Marshall Manheim (U. of Washington)Michael Morley (Florida State)Bertrall Ross (U. of California, Berkeley)
Eugene Mazo (U. of Louisville) [Chair]
2. The Section’s (new) New Voices Works-in-Progress Program
The Section on Election Law is organizing a New Voices Works-in-Progress event for the first time this year, with the goal of holding such an event at every AALS conference from now on. This year’s Works-in-Progress event will take place on Saturday, Jan. 9, 2021, starting at 4:15 pm.<webextlink://This%20year's%20Works-in-Progress%20event%20will%20take%20place%20on%20Saturday,%20Jan.%209,%202021,%20starting%20at%204:15%20pm.> So far, 25 election law scholars have signed up to present or comment on a draft paper. If you will be attending AALS and wish to participate, please email Gene Mazo (eugene.mazo at louisville.edu<mailto:eugene.mazo at louisville.edu>).

3. The Section’s new Newsletter
The Section on Election Law is also starting a new Newsletter this year. The goal of this Newsletter will be to introduce new scholars to our community and, importantly, to list the many new scholarly publications in our field from the prior year in one place. The Newsletter will be distributed in late-December. If you have new scholarly publications from 2020 or 2019, please email a list of them to Gene Mazo (eugene.mazo at louisville.edu<mailto:eugene.mazo at louisville.edu>) by December 7, 2020, so that they can be included in this Newsletter.

4. The Section’s new Distinguished Scholarship Award
The Section on Election Law has established two new professional awards in our field this year. The first of these is our new Distinguished Scholarship Award in Election Law. This will be awarded annually from now on for “a single work that exemplifies excellence in the field and that is published within a given year.” The term “work” is defined broadly. Any book or article that has been published in 2020 or 2019 will be eligible for the award this year. If you have published an article, book, or other piece of scholarship and wish for it to be considered for this award, please let Gene Mazo know by Monday, Dec. 7, 2020.
5. The John Hart Ely Prize in the Law of Democracy
Finally, the Section on Election Law has established a new lifetime achievement award. This award will be presented annually by the Section’s executive committee to a senior scholar in our field for his or her “extraordinary lifetime contributions to the study of election law or the law of democracy in the United States.” The Section has chosen to name this award the John Hart Ely Prize in the Law of Democracy. The John Hart Ely Prize is purposely designed to be the most prestigious award in our field.
This year, after careful deliberation, the Section has chosen Richard Briffault, the Joseph P. Chamberlain Professor of Legislation at Columbia Law School, as the inaugural recipient of the John Hart Ely Prize. Among active scholars, Professor Briffault has been teaching election law longer than anyone in the American legal academy. He has authored more than 75 law review articles, many of which have profoundly influenced our understanding of public funding, campaign finance, state and local government law, and other topics in the law of democracy The John Hart Ely Prize will be presented to Professor Briffault on Tuesday, Jan. 5, 2021, at 1:15 p.m. If you will be attending AALS this year, please try to make the awards ceremony.

Many congratulations to Richard!
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Posted in election law biz<https://electionlawblog.org/?cat=51>


Trump Campaign Continues to Assert, Even After Pennsylvania Certified Its Presidential Election Results for Biden, That a Federal Court Could Nullify That and Let PA’s Legislature Choose Trump<https://electionlawblog.org/?p=119064>
Posted on November 25, 2020 7:20 am<https://electionlawblog.org/?p=119064> by Rick Hasen<https://electionlawblog.org/?author=3>

From a footnote in this letter<https://beta.documentcloud.org/documents/20417051-trumpca3ltr112520> from the Trump campaign purportedly about Rudy’s availability to offer oral argument in the 3rd Circuit (one of a series of 5 footnotes seeking to improperly argue the merits in a filing like this):
[cid:image002.png at 01D6C352.C549EFE0]
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Law Prof Amicus Brief Filed in 3rd Circuit Trump PA Election Cases, Arguing Unreasonable Delay (Laches) and Remedies Principles Bar the Trump Campaign From Overturning PA Voters’ Choice of Biden<https://electionlawblog.org/?p=119062>
Posted on November 25, 2020 7:02 am<https://electionlawblog.org/?p=119062> by Rick Hasen<https://electionlawblog.org/?author=3>

This<https://www.scribd.com/document/485780397/79-AMICUS> is a well-done brief.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


NY GOP House Candidate Claudia Tenney in Razor Tight #NY22 Case Goes on Fox’s “Ingraham Angle” to Raise Fraud Concerns<https://electionlawblog.org/?p=119060>
Posted on November 25, 2020 6:16 am<https://electionlawblog.org/?p=119060> by Rick Hasen<https://electionlawblog.org/?author=3>

Nice illustration<https://www.foxnews.com/politics/claudia-tenney-ny-22-house-race-anthony-brindisi> of how gross incompetence in election administration can be spun as fraud.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>

--
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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