[EL] ELB News and Commentary 10/8/20

[Rick Hasen]

Trump on TV Criticizes FBI Director Wray for Not Going All in on Trump’s False Claims of Widespread Voter Fraud<https://electionlawblog.org/?p=116467>
Posted on October 8, 2020 8:23 am<https://electionlawblog.org/?p=116467> by Rick Hasen<https://electionlawblog.org/?author=3>

Watch<https://twitter.com/atrupar/status/1314180032286388225>:
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


Senator Mike Lee Hates Democracy<https://electionlawblog.org/?p=116465>
Posted on October 8, 2020 8:20 am<https://electionlawblog.org/?p=116465> by Rick Hasen<https://electionlawblog.org/?author=3>

NY Mag:<https://nymag.com/intelligencer/2020/10/mike-lee-not-a-democracy-republican-trump-authoritarian.html>

Last night, livetweeting his thoughts on the 2020 vice-presidential debate, Republican senator Mike Lee decided it was an opportune moment to share one of his edgier political beliefs: Democracy is bad<https://twitter.com/SenMikeLee/status/1314016169993670656?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1314016169993670656%7Ctwgr%5Eshare_3&ref_url=https%3A%2F%2Fnymag.com%2Fintelligencer%2F2020%2F10%2Fmike-lee-not-a-democracy-republican-trump-authoritarian.html>.

Lee is articulating a view that has long been in vogue on the American right but which Republican politicians were generally hesitant to express openly. The premise is that liberty is a higher value than democracy, and they define liberty to mean a right to property that precludes redistribution. That is to say, the far right does not merely view progressive taxation, regulation and the welfare state as impediments to growth, but as fundamentally oppressive. A political system that truly secured freedom would not allow the majority to gang up on the minority and redistribute their income for themselves.

My response<https://twitter.com/rickhasen/status/1314043109026623490> last night:
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Trump Officials Ask Supreme Court To Block Order That Extends Census Counting”<https://electionlawblog.org/?p=116463>
Posted on October 8, 2020 8:13 am<https://electionlawblog.org/?p=116463> by Rick Hasen<https://electionlawblog.org/?author=3>

Hansi Lo Wang<https://www.npr.org/2020/10/07/920206851/appeals-court-denies-another-attempt-to-end-census-early-by-trump-officials> for NPR:

The Trump administration is asking the Supreme Court<https://www.documentcloud.org/documents/7223198-National-Urban-League-SCOTUS-Application-for-a.html> to allow counting for the 2020 census to end soon.

In an emergency request on Wednesday, Acting Solicitor General Jeffrey Wall said that the Census Bureau must immediately wrap up its field operations, now that it’s passed the bureau’s internal target date of Oct. 5, in order to have a chance of meeting the legal deadline for delivering the first set of census results to President Trump by year’s end.

“With October 5 having come and gone while the court of appeals was considering the stay application,” Wall wrote, “every passing day exacerbates the serious risk that the district court’s order to continue field operations and delay post processing will make it impossible for the Bureau to comply with the December 31 statutory reporting deadline.”

See also this tweet thread<https://twitter.com/marty_lederman/status/1314180615697248258> by Marty Lederman, which includes this nugget<https://twitter.com/marty_lederman/status/1314180634047393792?s=20>:
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Posted in census litigation<https://electionlawblog.org/?cat=125>, Supreme Court<https://electionlawblog.org/?cat=29>


“Wisconsin election officials go from famine to feast with a swell of poll workers”<https://electionlawblog.org/?p=116461>
Posted on October 8, 2020 8:08 am<https://electionlawblog.org/?p=116461> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/politics/wisconsin-election-officials-go-from-famine-to-feast-with-a-swell-of-poll-workers/2020/10/08/e5ea4398-08c2-11eb-a166-dc429b380d10_story.html>

With the nation’s eyes on Wisconsin — its coveted 10 electoral votes could again determine the outcome of the presidential race — municipalities across the state are finding themselves in a surprising position ahead of Nov. 3. Rather than struggling with too few poll workers, which hampered the presidential primary election <https://www.washingtonpost.com/video/politics/wisconsin-primary-brings-long-voting-lines-despite-coronavirus-outbreak/2020/04/07/dc9755ff-5bdf-41ad-9712-7fef83544f5d_video.html?itid=lk_inline_manual_7> early in the pandemic, some locations have been overwhelmed with volunteers.

Nearly all of the 1,200 people who staffed Milwaukee polling locations in August will return in November. They’ll be joined by a few thousand more, most of them new to the process.

“They’re stepping up to fill the role that grandma might ordinarily fill,” said Maribeth Witzel-Behl, city clerk in Madison. The capital city, a liberal bastion, was so inundated by September that it had to cut off applications at 6,000. Typically, about 3,000 people work the polls in a fall general election.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“How One Tribe is Fighting to Vote Early”<https://electionlawblog.org/?p=116459>
Posted on October 8, 2020 8:05 am<https://electionlawblog.org/?p=116459> by Rick Hasen<https://electionlawblog.org/?author=3>

CPI reports.<https://publicintegrity.org/politics/elections/ballotboxbarriers/how-one-tribe-is-fighting-to-vote-early/>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Key Legal Fights Over Voting Remain Unresolved As Election Day Draws Close”<https://electionlawblog.org/?p=116457>
Posted on October 8, 2020 8:04 am<https://electionlawblog.org/?p=116457> by Rick Hasen<https://electionlawblog.org/?author=3>

Pam Fessler<https://www.npr.org/2020/10/08/921225458/key-legal-fights-over-voting-remain-unresolved-as-election-day-draws-close> for NPR:

With so many cases still up in the air, legal experts say it’s difficult to tell whether Democrats or Republicans are coming out ahead. Democrats have won numerous victories — including fending off a Republican effort to prevent Nevada from automatically sending out ballots to all registered voters.

But Democrats have also had some of their earlier wins overturned. The South Carolina witness requirement is the most recent example. Republicans have been successful in a number of cases, including one to require felons in Florida to pay off all fees and penalties before they can vote<https://www.npr.org/2020/09/11/912085364/floridians-with-felony-convictions-must-pay-fines-before-voting-federal-court-ru>.

“I would say Democrats and voting rights group had some important victories, but on those cases that made it up the food chain, they have tended to do not as well,” said Rick Hasen, an election law expert at the University of California, Irvine.

Hasen thinks such victories could be even rarer in the weeks ahead because courts are reluctant to make changes in voting rules too close to an election. “Any kind of last-minute changes that expand voting rights coming now are going to have a really tough road as they go up the appellate process,” he said.

How such cases are decided could prove crucial after the election, when potential legal challenges to the outcome might end up before the Supreme Court. President Trump has already said that he thinks that will happen.

Alabama Secretary of State Merrill this week also released a letter, signed by a number of Republican secretaries of state, that calls for swift Senate confirmation of Trump’s Supreme Court nominee, Judge Amy Coney Barrett, to ensure that all the seats on the high court are filled by Election Day.

“In the case an election issue is challenged in court, America cannot afford a tie vote,” they wrote Senate Judiciary Committee Chair Lindsey Graham, R-S.C.

Justin Levitt of Loyola Law School is more optimistic such an outcome can be avoided. The former Justice Department official thinks one benefit of all the current litigation is that it reduces the chance of a legal challenge after Election Day revolving around such questions as whether ballots received after Election Day can be counted.

“The fact that the courts have weighed in on that issue now means it’s far less likely to want to weigh in on that issue after Election Day. And that’s true for a lot of the different claims that have been pressed so far about which ballots are legitimate and which aren’t,” he said.
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Posted in Supreme Court<https://electionlawblog.org/?cat=29>, The Voting Wars<https://electionlawblog.org/?cat=60>


Nevada Supreme Court Rejects Conservative Group’s Attempt to Block Expansion of Mail Balloting During Pandemic with Unsupported Voter Fraud Claims<https://electionlawblog.org/?p=116454>
Posted on October 8, 2020 8:00 am<https://electionlawblog.org/?p=116454> by Rick Hasen<https://electionlawblog.org/?author=3>

Las Vegas Review Journal:<https://www.reviewjournal.com/news/politics-and-government/nevada/nevada-supreme-court-rejects-lawsuit-targeting-new-election-law-2142556/>

The Nevada Supreme Court on Wednesday blocked a conservative group’s challenge to a new Nevada law that allows for mail-in ballots during the COVID-19 pandemic.

The lawsuit was filed by the Election Integrity Project of Nevada, backed by former state lawmaker and failed U.S. Senate candidate Sharron Angle. It argued that Assembly Bill 4 — the law passed during a special session in August that requires mail-in ballots be sent to active registered voters across the state as part of the state’s plan to let people vote safely during the pandemic — violates the state constitution because it allows for “standardless counting procedures” and lacks safeguards against voter fraud….

In their unanimous ruling issued Wednesday, the justices said that the lower court was not wrong in denying the group’s ask for a preliminary injunction that would have stopped the Nevada secretary of state from implementing the legislation. They agreed with the lower court that the group did not present substantial evidence that the parts of the law that were challenged “are not rationally related to the State’s interest in ensuring that all active registered voters have an opportunity to exercise their right to vote in a safe and secure manner during a pandemic.”

The justices also disagreed with the argument from Angle’s group that mail-in ballots would lead to more voter fraud, an argument that Republicans have tried and failed to make in court several times this election cycle, including ahead of the primary election.<https://www.reviewjournal.com/news/politics-and-government/nevada/nevada-judge-rejects-lawsuit-opposing-mail-in-primary-2018581/>

The group, the justices said, “presented no concrete evidence that such events will occur or that the Secretary of State’s maintenance of the voter rolls exacerbated any such problem.”

You can read the unpublished order here<https://electionlawblog.org/wp-content/uploads/20-36822.pdf>.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Courts Are Taking Away One of Americans’ Best Options for Fixing Voting”<https://electionlawblog.org/?p=116452>
Posted on October 8, 2020 7:44 am<https://electionlawblog.org/?p=116452> by Rick Hasen<https://electionlawblog.org/?author=3>

David Daley<https://www.theatlantic.com/ideas/archive/2020/10/courts-are-taking-option-fixing-voting/616634/> for The Atlantic:

In 2019, writing the decision for Common Cause v. Rucho, Chief Justice John Roberts closed off the federal courts as an avenue for addressing partisan gerrymandering. But, Roberts insisted, the Supreme Court’s decision did not condone these excesses. Rather, another path for addressing structural electoral reform existed. Noting the success of several citizen-driven state-constitutional amendments passed by ballot in Colorado, Michigan, and Missouri the previous November, Roberts said that citizens still had the tools to make change.

Just over a year later, however, that hasn’t proved to be the case.

Voters in Arkansas, North Dakota, and Idaho took Roberts up on his suggestion to drive reform via citizen-led initiative or by amending their state constitution. In Arkansas, with two different amendments, citizens worked to establish an independent redistricting commission and also open primaries and institute ranked-choice voting. In North Dakota, they looked to strengthen overseas-military voting and election audits, open primaries to all voters, and enact instant runoffs. Idaho voters, meanwhile, sought to expand funding for public education. One by one, these initiatives have been knocked off the ballots this summer by state and federal courts, and for the most tendentious and technical reasons.
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Posted in direct democracy<https://electionlawblog.org/?cat=62>


Durham Not Expected to Release Information About Results of Probe Before Election Day, Despite New DOJ Loosening of Restrictions<https://electionlawblog.org/?p=116450>
Posted on October 8, 2020 7:38 am<https://electionlawblog.org/?p=116450> by Rick Hasen<https://electionlawblog.org/?author=3>

In light of this news<https://www.nytimes.com/2020/10/07/us/politics/justice-department-election-fraud.html>, this is a relief from Politico<https://www.politico.com/news/2020/10/06/trump-russia-ratcliffe-426868?nname=playbook&nid=0000014f-1646-d88f-a1cf-5f46b7bd0000&nrid=0000014e-f109-dd93-ad7f-f90d0def0000&nlid=630318>:

The effort to discredit the intelligence community’s findings that Russia hacked Democrats to harm Clinton’s candidacy comes almost exactly four years to the day after the U.S. intelligence community first assessed<https://www.dhs.gov/news/2016/10/07/joint-statement-department-homeland-security-and-office-director-national> that the Russian government had mounted a sweeping effort to interfere in the 2016 presidential election with the specific goal of helping Trump win.

It also comes in the middle of an ongoing investigation by U.S. Attorney John Durham, who was tasked by the Justice Department with probing the intelligence community’s findings. Durham is expected to refrain from releasing any conclusions before Election Day to avoid affecting the race, but the recent declassifications by both Ratcliffe and Attorney General William Barr appear to be an effort<https://www.politico.com/news/2020/09/29/barrs-justice-department-serves-up-talking-points-for-trump-422831> to fill that void. Trump has taken full advantage of it, weaponizing the releases to boost his reelection campaign.

The new round of declassifications also serves a larger and more vindictive purpose for the president: It is the latest salvo in a yearslong effort to cast doubt on U.S. intelligence agencies and senior Obama administration officials, who the president alleges were unfairly and illegally targeting him and his campaign. Trump’s crusade has extended to questioning assessments by his own administration that Russia is actively backing him in the 2020 election; he went so far as to fire a top intelligence official who, earlier this year, allowed a subordinate to brief Congress about Russia’s interference in the ongoing presidential race.
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Posted in chicanery<https://electionlawblog.org/?cat=12>


“Facebook Widens Ban on Political Ads as Alarm Rises Over Election”<https://electionlawblog.org/?p=116448>
Posted on October 8, 2020 7:33 am<https://electionlawblog.org/?p=116448> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2020/10/07/technology/facebook-political-ads-ban.html>

 Over the past few weeks, Mark Zuckerberg, Facebook’s chief executive, and his lieutenants have watched the presidential race with an increasing sense of alarm.

Executives have held meetings to discuss President Trump’s evasive comments about whether he would accept a peaceful transfer of power<https://www.nytimes.com/2020/09/23/us/politics/trump-power-transfer-2020-election.html> if he lost the election. They watched Mr. Trump tell the Proud Boys, a far-right group that has endorsed violence, to “stand back and stand by<https://www.nytimes.com/2020/09/29/us/trump-proud-boys-biden.html>.” And they have had conversations with civil rights groups, who have privately told them that the company needs to do more because Election Day could erupt into chaos, Facebook employees said.

That has resulted in new actions. On Wednesday, Facebook said it would take more preventive measures to keep political candidates from using it to manipulate the election’s outcome and its aftermath. The company now plans to prohibit all political and issue-based advertising after the polls close on Nov. 3 for an undetermined length of time. And it said it would place notifications at the top of the News Feed notifying people that no winner had been decided until a victor was declared by news outlets.

“This is shaping up to be a very unique election,” Guy Rosen, vice president for integrity at Facebook, said in a call with reporters on Wednesday.

Facebook is doing more to safeguard its platform after introducing measures to reduce election misinformation and interference<https://www.nytimes.com/2020/09/03/technology/facebook-election-chaos-november.html> on its site just last month. At the time, Facebook said it planned to ban new political ads<https://www.nytimes.com/2020/09/04/technology/facebooks-political-ads-block-election.html> for a contained period — the week before Election Day — and would act swiftly against posts that tried to dissuade people from voting. Mr. Zuckerberg also said Facebook would not make any other changes until there was an official election result.

But the additional moves underscore the sense of emergency about the election, as the level of contentiousness has risen between Mr. Trump and his opponent, Joseph R. Biden Jr. On Tuesday, to help blunt further political turmoil, Facebook also said it would remove any group, page or Instagram account that openly identified with QAnon<https://www.nytimes.com/2020/10/06/technology/facebook-qanon-crackdown.html>, the pro-Trump conspiracy movement.
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Posted in cheap speech<https://electionlawblog.org/?cat=130>, Election Meltdown<https://electionlawblog.org/?cat=127>


“Justice Dept. Eases Election Fraud Inquiry Constraints as Trump Promotes False Narrative”<https://electionlawblog.org/?p=116445>
Posted on October 7, 2020 7:01 pm<https://electionlawblog.org/?p=116445> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2020/10/07/us/politics/justice-department-election-fraud.html>

For decades, federal prosecutors have been told not to mount election fraud investigations in the final months before an election for fear they could depress voter turnout or erode confidence in the results. Now, the Justice Department has lifted that prohibition weeks before the presidential election.

The move comes as President Trump and Attorney General William P. Barr have promoted a false narrative that voter fraud is rampant, potentially undermining Americans’ faith in the election.

A Justice Department lawyer in Washington said in a memo to prosecutors on Friday that they could investigate suspicions of election fraud before votes are tabulated. That reversed a decades-long policy<https://www.justice.gov/criminal/file/1029066/download> that largely forbade aggressively conducting such inquiries during campaigns to keep their existence from becoming public and possibly “chilling legitimate voting and campaign activities” or “interjecting the investigation itself as an issue” for voters.

The memo creates “an exception to the general non-interference with elections policy” for suspicions of election fraud, particularly misconduct by federal government workers, including postal workers or military employees; both groups transport mail-in ballots. The exception allows investigators to take overt investigative steps, like questioning witnesses, that were previously off limits<https://www.justice.gov/criminal/file/1029066/download> in such inquiries until after election results were certified.

The move also allows prosecutors to make more of a spectacle of election fraud in the weeks before the vote on Nov. 3. The U.S. attorney in New Jersey, Craig Carpenito, promoted an arrest on Wednesday<https://www.justice.gov/usao-nj/pr/postal-employee-arrested-dumping-mail-including-election-ballots-sent-west-orange> of a postal worker suspected of discarding mail, including dozens of ballots, which were found and put back in the mail.

The New York Times reviewed portions of the memo. ProPublica earlier reported<https://www.propublica.org/article/doj-frees-federal-prosecutors-to-take-steps-that-could-interfere-with-elections-weakening-long-standing-policy> details of it on Wednesday.
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Posted in Department of Justice<https://electionlawblog.org/?cat=26>


“How the pandemic has complicated voting access for millions of Native Americans”<https://electionlawblog.org/?p=116439>
Posted on October 7, 2020 4:33 pm<https://electionlawblog.org/?p=116439> by Rick Hasen<https://electionlawblog.org/?author=3>

PBS News Hour<https://www.pbs.org/newshour/politics/how-the-pandemic-has-complicated-voting-access-for-millions-of-native-americans>:

For many Native Americans living on tribal reservations, a home address is not a standard number and street name, like 735 Bleeker Street. Instead, it’s a series of instructions.

“They’ll say something like, I live off highway 86 by milepost 125 and a half,” said Gabriella Cázares-Kelly, a member of the Tohono O’odham Nation and a Democratic candidate for Pima County recorder in Arizona.

These “nontraditional addresses” complicate things for indigenous voters during a time when the majority of states have moved to voting by mail to mitigate the spread of the coronavirus. A record number of Americans are expected to vote by mail in the November election. States like Nevada, Idaho, Montana and South Dakota, which all include large stretches of tribal land, held their primary elections almost entirely by mail.

While these states will offer in-person voting options in November, the prioritization of mailed ballots creates hurdles for indigenous people — about 4.7 million of whom are of voting age — who already faced voting obstacles prior to the pandemic.

Most residents on reservations receive mail at P.O. Boxes instead of their homes. But the Tohono O’odham Nation reservation — which at 4,460 square miles is about the size of Connecticut — has a single post office. That’s not unique to this one reservation. A 2020 report by Native American Rights Fund determined that some members of the Navajo Nation<https://vote.narf.org/wp-content/uploads/2020/06/obstacles_at_every_turn.pdf> must travel 140 miles roundtrip for postal services. Many do not have access to personal vehicles or public transportation to get them there, said Jean Schroedel, a political science professor at Claremont Graduate School who specializes in Native American voting rights.

“This is a group that has real serious challenges in trying to do voting by mail,” Schroedel said.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>


“Judge delays ruling on N. Carolina absentee ballot procedure”<https://electionlawblog.org/?p=116437>
Posted on October 7, 2020 4:02 pm<https://electionlawblog.org/?p=116437> by Rick Hasen<https://electionlawblog.org/?author=3>

WRAL<https://www.wral.com/judge-weighing-north-carolina-absentee-ballot-procedures/19324004/>:

A federal judge in North Carolina sharply criticized Wednesday an absentee ballot procedure giving voters more leeway to fix incomplete witness information, but said he’d issue a written ruling at a later time.

U.S. District Judge William Osteen said he’d aim to issue a written ruling early next week after hearing arguments in two related lawsuits on Thursday. Voting rights advocates argue that thousands of ballots with deficiencies are essentially in limbo until a clear process is developed for handling them.

A key issue is how local elections boards should implement a state law requiring absentee voters to have an adult witness their ballot. The state had recently developed a new procedure to allow voters to fix incomplete witness information by returning an affidavit to county officials, but not filling out a new ballot from scratch and having it witnessed again. Those updated rules are currently on hold pending the lawsuits.

Osteen expressed concerns that the procedure would essentially eliminate the witness requirement. He had previously ruled in August that the state had to ensure voters could fix certain deficiencies, but upheld the witness requirement.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Watch Archived Video of Panel on Voting Rights as Part of Georgetown Law’s 150-Year Celebration<https://electionlawblog.org/?p=116430>
Posted on October 7, 2020 1:46 pm<https://electionlawblog.org/?p=116430> by Rick Hasen<https://electionlawblog.org/?author=3>

I was honored to participate in this event<https://www.law.georgetown.edu/150/events/voting-rights-panel/>. Watch.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“How Russia Today Skirts High-Tech Blockade to Reach U.S. Readers; The Kremlin-backed outlet has been boosted by a news aggregator dominated by conservative media sites”<https://electionlawblog.org/?p=116427>
Posted on October 7, 2020 1:14 pm<https://electionlawblog.org/?p=116427> by Rick Hasen<https://electionlawblog.org/?author=3>

WSJ<https://www.wsj.com/articles/how-russia-today-skirts-high-tech-blockade-to-reach-u-s-readers-11602078094?utm_source=Daily+Lab+email+list&utm_campaign=1f8673beb7-dailylabemail3&utm_medium=email&utm_term=0_d68264fd5e-1f8673beb7-395821846>:

On any given day over the past two years, visitors to the home page of RealClearPolitics were likely to see its famous average of political polls, a roundup of news and center-right commentary—and, near the bottom, a link or two to stories from RT.com.

The provenance of the RT headlines was obscured. Readers didn’t immediately know they were clicking on headlines from a Russian state-backed publication that American intelligence officials considered the Kremlin’s “principal international propaganda outlet<https://www.dni.gov/files/documents/ICA_2017_01.pdf>.” The news organization, once known as Russia Today, was a central player in Russia’s efforts to disrupt the 2016 U.S. presidential election.

The U.S. intelligence community’s assessment of the Russian efforts created a backlash against social-media companies, which were accused of providing platforms for a misinformation campaign aimed at influencing voters. Facebook<https://www.wsj.com/market-data/quotes/FB> Inc., Twitter<https://www.wsj.com/market-data/quotes/TWTR> Inc. and others have since implemented changes to limit the reach of state-run media.

Yet RT continues to draw a large American audience, helped unwittingly by some of America’s most prominent conservative websites. The reason: Those news outlets agreed to join a distribution network that allows other members’ content to be displayed on their home pages.

The company responsible for RT’s presence on RealClearPolitics is Mixi.Media. Since its launch in 2018, Mixi has assembled a network of right-leaning publishers, including National Review, The Daily Caller and Newsmax, as well as mainstream sites like RealClearPolitics. Also in Mixi’s fold are RT and another Russian state-backed outlet, Sputnik.
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Posted in cheap speech<https://electionlawblog.org/?cat=130>


“Michigan secretary of state refers GOP press release for ‘misinformation’ investigation”<https://electionlawblog.org/?p=116422>
Posted on October 7, 2020 1:08 pm<https://electionlawblog.org/?p=116422> by Rick Hasen<https://electionlawblog.org/?author=3>

Detroit News<https://www.detroitnews.com/story/news/politics/2020/10/07/bensons-office-refers-gop-release-misinformation-investigation/5909891002/>:

Michigan Secretary of State Jocelyn Benson’s office has referred a press release by the state’s Republican Party about an unlocked ballot drop box for investigation “as election misinformation.”

The Democrat’s office announced the referral to Attorney General Dana Nessel Wednesday hours after the Michigan GOP sent out a statement titled, “Ballot drop boxes left unlocked In Lansing.” The statement featured videos posted on social media<https://www.youtube.com/watch?v=tFAOJbTQc28&feature=youtu.be> of a drop box in the city that was apparently left unlocked two weeks earlier and someone struggling to close the drop box <https://www.youtube.com/watch?v=4FGHe8q6tPA&feature=youtu.be> this week.

The earlier video featured an unnamed person opening the apparently unlocked box and saying, “There are ballots. Nothing to see here ladies and gentlemen.”

Lansing City Clerk Chris Swope previously responded to the video on Facebook, saying the envelope pictured in the drop box was not a ballot envelope and the video was posted before Lansing voters received their ballots.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116422&title=%E2%80%9CMichigan%20secretary%20of%20state%20refers%20GOP%20press%20release%20for%20%E2%80%98misinformation%E2%80%99%20investigation%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Mail-In Voter Fraud: Anatomy of a Disinformation Campaign”<https://electionlawblog.org/?p=116417>
Posted on October 7, 2020 12:11 pm<https://electionlawblog.org/?p=116417> by Rick Hasen<https://electionlawblog.org/?author=3>

New working paper<https://cyber.harvard.edu/publication/2020/Mail-in-Voter-Fraud-Disinformation-2020> at Harvard’s Berkman Klein Center.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116417&title=%E2%80%9CMail-In%20Voter%20Fraud%3A%20Anatomy%20of%20a%20Disinformation%20Campaign%E2%80%9D>
Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


GOP County Chair in Wisconsin Worries About Trump Scaring Republican Voters Away from Voting by Mail, Just as COVID Spikes in State<https://electionlawblog.org/?p=116415>
Posted on October 7, 2020 11:38 am<https://electionlawblog.org/?p=116415> by Rick Hasen<https://electionlawblog.org/?author=3>

Rohn Bishop<https://twitter.com/RohnWBishop/status/1313901164379938818>:

(via Craig Gilbert<https://twitter.com/WisVoter/status/1313909846383751169>)
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116415&title=GOP%20County%20Chair%20in%20Wisconsin%20Worries%20About%20Trump%20Scaring%20Republican%20Voters%20Away%20from%20Voting%20by%20Mail%2C%20Just%20as%20COVID%20Spikes%20in%20State>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“On the Ground in Iowa During a Dress Rehearsal for the November Election”<https://electionlawblog.org/?p=116408>
Posted on October 7, 2020 10:58 am<https://electionlawblog.org/?p=116408> by Rick Hasen<https://electionlawblog.org/?author=3>

CPI reports.<https://publicintegrity.org/politics/elections/ballotboxbarriers/iowa-election-dress-rehearsal/>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116408&title=%E2%80%9COn%20the%20Ground%20in%20Iowa%20During%20a%20Dress%20Rehearsal%20for%20the%20November%20Election%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Federal Hall Oct. 13 Event: Race, Reconstruction and Voting Rights<https://electionlawblog.org/?p=116406>
Posted on October 7, 2020 10:50 am<https://electionlawblog.org/?p=116406> by Rick Hasen<https://electionlawblog.org/?author=3>

I’m looking forward to participating in this <https://federalhall.org/debate-defends-democracy/?v=7516fd43adaa> (registration required):
·         Race, Reconstruction and Voting Rights
October 13th, 5:30 PM EST
·         The Constitution explicitly excluded African Americans and Indigenous People from Constitutional protection, and the Bill of Rights—drafted by the First Congress as the first ten Amendments to Constitution and enacted in September of 1789—did nothing to correct that. Extending Constitutional protections and rights to Black people fell to later Amendments, what are often called “the Reconstruction Amendments.” But the reality is that African Americans have been impeded in the free exercise of their right to vote—by state laws, federal court decisions, and the resistance of their fellow citizens. This, despite passage of the Voting Rights Act in 1965, fully a century after the Civil War ended, and subsequent legislation protecting Black Americans and other disenfranchised populations that passed only with significant political resistance. In 2013, in Shelby County v Holder, the Supreme Court struck down key requirements of this legislation, reasoning that it was no longer responsive to current conditions. The panel will discuss this long history of efforts to suppress Black voting, its impact on other minority voting, and challenges to voting rights that are a consequence of the Covid-19 pandemic.
·         Moderator: Jami Floyd
·         Well-known as the local host of “All Things Considered” and Legal Editor in the WNYC Newsroom, Jami Floyd is now leading WNYC’s new Race& Justice unit that covers news through the prism of race, class, and social justice. With a degree from Berkeley Law School, Ms. Floyd taught law at Stanford Law School before embarking on a journalism career that spans two decades and has included stints at ABC News, CBS News, and Court TV. She has appeared as a legal and political analyst on many news outlets including CNN, Fox News, NBC, MSNBC, and PBS.
·         Panelists:
o    Vanita Gupta is President and CEO of The Leadership Conference on Civil and Human Rights, the nation’s oldest and largest civil rights coalition. Previously Gupta was Acting Assistant Attorney General and head of the U.S. Department of Justice’s Civil Rights Division where she served as the nation’s chief civil rights prosecutor. Prior to joining the Justice Department, Gupta served as Deputy Legal Director and the Director of the Center for Justice at the American Civil Liberties Union, where she launched the Smart Justice Campaign to end mass incarceration.
o    Richard Hasen is a Professor of Law and Political Science at the University of California, Irvine. A nationally recognized expert in election law and campaign finance regulation, he was named one of the 100 most influential lawyers in America by the National Law Journal in 2013. His newest book, Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy<https://yalebooks.yale.edu/book/9780300248197/election-meltdown> was published earlier this year. Professor Hasen’s previous books include Voting Wars, Plutocrats United, and The Justice of Contradictions.
o    Rina Shah is Managing Director of Red Fort Strategies, a government relations and public affairs strategic consulting firm that specializes in activating the Asian-American community. Her expertise is in building political and issue advocacy campaigns at every level as well as offering strategic guidance to a wide-range of domestic and international corporations, including start-up ventures, which seek to navigate the legislative and executive branches of U.S. government. Ms. Shah served as a senior aide to two Republican Members of the U.S. House of Representatives and is a frequent media commentator.
o    REGISTER<https://us02web.zoom.us/webinar/register/WN_Bq6ZzqolQUi2Gi4TbULcag>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116406&title=Federal%20Hall%20Oct.%2013%20Event%3A%20Race%2C%20Reconstruction%20and%20Voting%20Rights>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Ohio: “Many Franklin County voters receive wrong absentee ballots in mail; no fix is ready yet”<https://electionlawblog.org/?p=116404>
Posted on October 7, 2020 10:27 am<https://electionlawblog.org/?p=116404> by Rick Hasen<https://electionlawblog.org/?author=3>

Columbus Dispatch<https://www.dispatch.com/story/news/politics/elections/2020/10/06/some-franklin-county-voters-receive-wrong-absentee-ballots-mail/5900613002/>:

Franklin County elections officials are scrambling to figure out how many voters received the wrong ballot in the mail as thousands more lined up across the state for the first day of in-person early voting.

Problems with a thus-far undetermined portion of about 250,000 ballots mailed to Franklin County voters emerged Tuesday afternoon as the first wave of a record number of absentee ballots hit mailboxes.

Ohio Secretary of State Frank LaRose’s office has directed the board to provide replacement ballots along with a letter explaining the error to all voters affected by the problem.

Franklin County elections staffers learned of the problem when voters noticed irregularities in their ballots and contacted the board or LaRose’s office. Voters in Worthington reported receiving ballots for elections in Whitehall. Others got ballots with the wrong congressional race. Ballots for one precinct went to voters in another.

In some cases, one member of a household received the correct ballot while another received the wrong ballot.
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Posted in election administration<https://electionlawblog.org/?cat=18>


“Voting Amid COVID-19:Your Guide to Safer Voting During the Coronavirus Pandemic”<https://electionlawblog.org/?p=116402>
Posted on October 7, 2020 10:07 am<https://electionlawblog.org/?p=116402> by Rick Hasen<https://electionlawblog.org/?author=3>

New guide<https://my.clevelandclinic.org/-/scassets/files/org/employer-solutions/covid-19-safe-voting-guide?utm_campaign=safevoting-url&utm_medium=offline&utm_source=redirect&utm_content=safevoting-url> from the Cleveland Clinic and the Bipartisan Policy Center.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116402&title=%E2%80%9CVoting%20Amid%20COVID-19%3AYour%20Guide%20to%20Safer%20Voting%20During%20the%20Coronavirus%20Pandemic%E2%80%9D>
Posted in election administration<https://electionlawblog.org/?cat=18>


Ohio SOS Frank LaRose Says Federal Court Misunderstood His Order, Tells Cuyahoga County to Stand Down on Ballot Collection Expansion<https://electionlawblog.org/?p=116400>
Posted on October 7, 2020 10:00 am<https://electionlawblog.org/?p=116400> by Rick Hasen<https://electionlawblog.org/?author=3>

Cleveland.com:<https://www.cleveland.com/open/2020/10/federal-judge-wrong-cuyahoga-county-still-not-allowed-to-set-up-ballot-collection-sites-at-libraries-state-officials-say.html>

State officials have told Cuyahoga County elections officials that they still can’t proceed with their plan to set up ballot collection sites at county libraries, saying a federal judge in a written order incorrectly described a policy set by Secretary of State Frank LaRose.

On Tuesday, U.S. District Court Dan Polster dismissed a lawsuit from voter rights’ advocates who sought an expansion of ballot drop box sites in Ohio<https://www.cleveland.com/open/2020/10/federal-judge-thinks-larose-has-permitted-off-site-ballot-collection-sites-in-ohio-dismisses-drop-box-lawsuit-but-is-he-right.html>. His rationale was that LaRose had issued a written directive to county elections officials that said staffed, off-site ballot collection sites like the ones Cuyahoga County had planned were allowed, making the issue moot.

But that’s not what LaRose’s guidance actually said, Bridget Coontz, an assistant Ohio attorney general, said in a Wednesday email to a Cuyahoga County attorney.

“Contrary to the Court’s statement in its Order, the Secretary’s recent Directive … did not authorize the portion of the Cuyahoga County Board’s Plan ‘to receive ballots at six public libraries,’ nor did the Directive authorize ‘any other board in Ohio that votes to do so [to] deploy its staff to receive ballots off-site,’ Coontz wrote in her email, a copy of which was obtained by cleveland.com and The Plain Dealer.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>


Postal Carrier in New Jersey Charged with Dumping 1,875 Pieces of Mail, Including 99 Ballots<https://electionlawblog.org/?p=116398>
Posted on October 7, 2020 9:58 am<https://electionlawblog.org/?p=116398> by Rick Hasen<https://electionlawblog.org/?author=3>

Daily Voice<https://dailyvoice.com/new-jersey/rutherford/news/busted-feds-charge-nj-postal-carrier-with-dumping-election-ballots/795615/>:

Federal authorities on Wednesday arrested a postal carrier from Kearny who they said dumped 1,875 pieces of mail — including general election ballots and campaign flyers – instead of delivering them.

Nicholas Beauchene, 26, was nabbed by special agents of the U.S. Postal Service’s Office of Inspector General after a Saddle Brook man reported finding dumped bundles of mail in a dumpster behind a North Arlington bank.

Beauchene tossed 1,875 pieces of mail – including 99 general election ballots destined for residents in West Orange and 276 campaign flyers from local candidates for West Orange Town Council and Board of Education – into dumpsters in town and in North Arlington on Friday and Monday, U.S. Attorney Craig Carpenito said.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, chicanery<https://electionlawblog.org/?cat=12>


“DOJ Frees Federal Prosecutors to Take Steps That Could Interfere With Elections, Weakening Long-standing Policy”<https://electionlawblog.org/?p=116396>
Posted on October 7, 2020 9:53 am<https://electionlawblog.org/?p=116396> by Rick Hasen<https://electionlawblog.org/?author=3>

Very worrisome developmen<https://www.propublica.org/article/doj-frees-federal-prosecutors-to-take-steps-that-could-interfere-with-elections-weakening-long-standing-policy>t broken by ProPublica:

The Department of Justice has weakened its long-standing prohibition against interfering in elections, according to two department officials.

Avoiding election interference is the overarching principle<https://www.propublica.org/article/the-justice-department-may-have-violated-attorney-general-barrs-own-policy-memo> of DOJ policy on voting-related crimes. In place since at least 1980, the policy generally bars prosecutors not only from making any announcement about ongoing investigations close to an election but also from taking public steps — such as an arrest or a raid — before a vote is finalized because the publicity could tip the balance of a race.

But according to an email sent Friday by an official in the Public Integrity Section in Washington, now if a U.S. attorney’s office suspects election fraud that involves postal workers or military employees, federal investigators will be allowed to take public investigative steps before the polls close, even if those actions risk affecting the outcome of the election.

The email announced “an exception to the general non-interference with elections policy.” The new exemption, the email stated, applied to instances in which “the integrity of any component of the federal government is implicated by election offenses within the scope of the policy including but not limited to misconduct by federal officials or employees administering an aspect of the voting process through the United States Postal Service, the Department of Defense or any other federal department or agency.”

Specifically citing postal workers and military employees is noteworthy, former DOJ officials said. But the exception is written so broadly that it could cover other types of investigations as well, they said.

Both groups have been falsely singled out, in different ways, by President Donald Trump and his campaign for being involved in voter fraud. Trump has repeatedly attempted to delegitimize ballots sent through the postal service, just as the country experiences increased voting by mail spurred by the coronavirus pandemic. He has also raised the specter that the ballots of military members, among whom he enjoys broad support, might be suppressed.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116396&title=%E2%80%9CDOJ%20Frees%20Federal%20Prosecutors%20to%20Take%20Steps%20That%20Could%20Interfere%20With%20Elections%2C%20Weakening%20Long-standing%20Policy%E2%80%9D>
Posted in Department of Justice<https://electionlawblog.org/?cat=26>


Celebrities Do Vote By Mail Promo About Avoiding Pitfalls Like Naked Ballots<https://electionlawblog.org/?p=116388>
Posted on October 7, 2020 9:37 am<https://electionlawblog.org/?p=116388> by Rick Hasen<https://electionlawblog.org/?author=3>

Just watch this:<https://twitter.com/nowthisnews/status/1313860382809829384?s=20>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116388&title=Celebrities%20Do%20Vote%20By%20Mail%20Promo%20About%20Avoiding%20Pitfalls%20Like%20Naked%20Ballots>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Two of These Mail Ballot Signatures Are by the Same Person. Which Ones?”<https://electionlawblog.org/?p=116384>
Posted on October 7, 2020 8:36 am<https://electionlawblog.org/?p=116384> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT’s The Upshot.<https://www.nytimes.com/interactive/2020/10/07/upshot/mail-voting-ballots-signature-matching.html>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116384&title=%E2%80%9CTwo%20of%20These%20Mail%20Ballot%20Signatures%20Are%20by%20the%20Same%20Person.%20Which%20Ones%3F%E2%80%9D>
Posted in absentee ballots<https://electionlawblog.org/?cat=53>


Divided Texas Supreme Court Rejects Republican Party Challenge to Gov. Abbott’s Authority to Change Election Procedures<https://electionlawblog.org/?p=116382>
Posted on October 7, 2020 7:34 am<https://electionlawblog.org/?p=116382> by Rick Hasen<https://electionlawblog.org/?author=3>

Chief Justice Hecht delivered the opinion of the Court<https://www.txcourts.gov/media/1449868/200739.pdf>, in which Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Blacklock, Justice Busby, and Justice Bland joined.

Justice Blacklock, joined by Justice Busby except as to Part I.C., concurring in the denial of the petition for writ of mandamus.<https://www.txcourts.gov/media/1449869/200739c.pdf>

Justice Devine dissenting from the Court’s order denying the petition for writ of mandamus and motion for stay.<https://www.txcourts.gov/media/1449870/200739d.pdf>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Texas Supreme Court Blocks Harris County from Sending Absentee Ballot Applications to Voters<https://electionlawblog.org/?p=116376>
Posted on October 7, 2020 7:26 am<https://electionlawblog.org/?p=116376> by Rick Hasen<https://electionlawblog.org/?author=3>

Per curiam opinion.<https://www.txcourts.gov/media/1449867/200729.pdf>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116376&title=Texas%20Supreme%20Court%20Blocks%20Harris%20County%20from%20Sending%20Absentee%20Ballot%20Applications%20to%20Voters>
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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