[EL] more news and commentary 10/9/20

[Rick Hasen]

“Trump Engineered a Sudden Windfall in 2016 A Campaign Funds Dwindled”<https://electionlawblog.org/?p=116542>
Posted on October 9, 2020 9:03 am<https://electionlawblog.org/?p=116542> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT<https://www.nytimes.com/interactive/2020/10/09/us/donald-trump-taxes-las-vegas.html?smid=tw-share>:

Donald J. Trump needed money.

His “self-funded” presidential campaign was short on funds, and he was struggling to win over leery Republican donors. His golf courses and the hotel he would soon open in the Old Post Office in Washington were eating away at what cash he had left on hand, his tax records show.

And in early 2016, Deutsche Bank, the last big lender still doing business with him, unexpectedly turned down his request for a loan. The funds, Mr. Trump had told his bankers, would help shore up his Turnberry golf resort in Scotland. Some bankers feared the money would instead be diverted to his campaign.

That January, Mr. Trump sold a lot of stock — $11.1 million worth. He sold another $11.8 million worth in February, and $7.5 million in March. In April, he sold $8.1 million more.

And the president’s long-hidden tax records, obtained by The New York Times,<https://www.nytimes.com/interactive/2020/09/27/us/donald-trump-taxes.html> also reveal this: how he engineered a sudden financial windfall — more than $21 million in what experts describe as highly unusual one-off payments from the Las Vegas hotel he owns with his friend the casino mogul Phil Ruffin.

In previous articles on the tax records, The Times has reported that, in all but a few years since 2000, chronic business losses and aggressive accounting strategies have allowed Mr. Trump to largely avoid paying federal income taxes. And while the hundreds of millions of dollars earned from “The Apprentice” and his attendant celebrity rescued his business career, those riches, together with the marketing power of the Trump brand, were ebbing when he announced his 2016 presidential run.

The new findings, part of The Times’s continuing investigation, cast light on Mr. Trump’s financial maneuverings in that time of fiscal turmoil and unlikely political victory. Indeed, they may offer a hint to one of the enduring mysteries of his campaign: In its waning days, as his own giving had slowed to a trickle, Mr. Trump contributed $10 million, leaving many people wondering where the burst of cash had come from.

The tax records, by their nature, do not specify whether the more than $21 million in payments from the Trump-Ruffin hotel helped prop up Mr. Trump’s campaign, his businesses or both. But they do show how the cash flowed, in a chain of transactions, to several Trump-controlled companies and then directly to Mr. Trump himself….

The experts consulted by The Times said that in assessing the legitimacy of the payments, the central question was whether they were compensation for actual work done.

To that end, Mr. Shaviro, the N.Y.U. tax law professor, said it would be especially important to examine the deals cited by the president’s financial disclosures to justify some of the payments.

Nathaniel Persily, an election law expert at Stanford Law School, said that if the payments were not legitimate, and were then directed to Mr. Trump’s campaign, they would likely be considered illegal campaign contributions.

“If it turns out a corporation gave the campaign any money, that is illegal,” he said. “If an individual contributed any money exceeding the legal limits, that is illegal.”

The White House spokesman, Mr. Deere, did not answer The Times’s specific questions about the payments and any deals underlying them.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116542&title=%E2%80%9CTrump%20Engineered%20a%20Sudden%20Windfall%20in%202016%20A%20Campaign%20Funds%20Dwindled%E2%80%9D>
Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>


Kansas Senate President Calls for Steps to Maintain GOP Supermajority to Engage in Gerrymandering of Congressional Seats That Won’t Be Subject to Gubernatorial Veto<https://electionlawblog.org/?p=116540>
Posted on October 9, 2020 8:36 am<https://electionlawblog.org/?p=116540> by Rick Hasen<https://electionlawblog.org/?author=3>

Watch<https://twitter.com/Davis_Hammet/status/1314566887230054402>:
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116540&title=Kansas%20Senate%20President%20Calls%20for%20Steps%20to%20Maintain%20GOP%20Supermajority%20to%20Engage%20in%20Gerrymandering%20of%20Congressional%20Seats%20That%20Won%E2%80%99t%20Be%20Subject%20to%20Gubernatorial%20Veto>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


RNC Chair (Positive for COVID) Cheers Appellate Court Victories Rolling Back Orders Making It Easier for People to Vote Safely During the Pandemic<https://electionlawblog.org/?p=116537>
Posted on October 9, 2020 8:04 am<https://electionlawblog.org/?p=116537> by Rick Hasen<https://electionlawblog.org/?author=3>

Amazing:<https://twitter.com/rickhasen/status/1314581631018037249?s=20>

Follow up:<https://twitter.com/rickhasen/status/1314588113423888385?s=20>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116537&title=RNC%20Chair%20(Positive%20for%20COVID)%20Cheers%20Appellate%20Court%20Victories%20Rolling%20Back%20Orders%20Making%20It%20Easier%20for%20People%20to%20Vote%20Safely%20During%20the%20Pandemic>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“The Cybersecurity 202: The Supreme Court could decide the fate of mail voting in two swing states”<https://electionlawblog.org/?p=116535>
Posted on October 9, 2020 8:03 am<https://electionlawblog.org/?p=116535> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo<https://www.washingtonpost.com/politics/2020/10/09/cybersecurity-202-supreme-court-could-decide-fate-mail-voting-two-swing-states/> reports.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116535&title=%E2%80%9CThe%20Cybersecurity%20202%3A%20The%20Supreme%20Court%20could%20decide%20the%20fate%20of%20mail%20voting%20in%20two%20swing%20states%E2%80%9D>
Posted in The Voting Wars<https://electionlawblog.org/?cat=60>


Mitch McConnell Laments the Small Donor Revolution<https://electionlawblog.org/?p=116533>
Posted on October 9, 2020 7:51 am<https://electionlawblog.org/?p=116533> by Rick Hasen<https://electionlawblog.org/?author=3>

I’m going to have a lot more to say about this <https://www.nytimes.com/2020/10/09/us/politics/trump-biden-sun-belt.html?referringSource=articleShare> after the election:

On Thursday, in a conference call with a group of lobbyists, Mr. McConnell vented that the party’s Senate candidates are being financially overwhelmed because of small-dollar contributions to ActBlue, the online liberal fund-raising hub.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116533&title=Mitch%20McConnell%20Laments%20the%20Small%20Donor%20Revolution>
Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>


“New Federal Lawsuit Seeks to Expand Voting Rights in U.S. Territories”<https://electionlawblog.org/?p=116531>
Posted on October 9, 2020 7:44 am<https://electionlawblog.org/?p=116531> by Rick Hasen<https://electionlawblog.org/?author=3>

The latest attempt.<http://www.equalrightsnow.org/new_federal_lawsuit_seeks_to_expand_voting_rights_in_u_s_territories>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116531&title=%E2%80%9CNew%20Federal%20Lawsuit%20Seeks%20to%20Expand%20Voting%20Rights%20in%20U.S.%20Territories%E2%80%9D>
Posted in voting<https://electionlawblog.org/?cat=31>


“Most voters confident their vote will be counted, poll finds. But partisans disagree on election threats.”<https://electionlawblog.org/?p=116529>
Posted on October 9, 2020 7:41 am<https://electionlawblog.org/?p=116529> by Rick Hasen<https://electionlawblog.org/?author=3>

Nate Persily and Charles Stewart<https://www.washingtonpost.com/politics/2020/10/07/new-poll-most-voters-confident-their-vote-will-be-counted-partisans-disagree-election-threats/> at The Monkey Cage:

Americans are worried about this election. And who can blame them? Each day, a new story, whether true, false or overblown, creates fresh anxiety about mail-in voting or polling places.

A battleground-state survey<https://healthyelections.org/sites/default/files/2020-09/Vote%20Intention%20in%20November%20Evidence%20from%20an%20Early%20September%20Survey.pdf> conducted by the Stanford-MIT Healthy Elections Project shows that registered voters harbor worries about voting in this election that diverge in predictable ways, given their partisan affiliations. Despite these worries, most are confident that their ballots will be counted accurately….

For every item concerning in-person voting, Democrats were more worried than Republicans. The greatest worries were “being near other voters” and “waiting in line with others.” Almost 60 percent of Democrats shared those concerns, compared with only 13 percent of Republicans. This divide reflects Democrats’ greater concern<https://news.gallup.com/opinion/polling-matters/311087/partisan-gap-views-coronavirus.aspx> about the coronavirus pandemic and the risks of infection when standing near large numbers of people.

But when asked about voting by mail, Republicans are more worried than Democrats.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116529&title=%E2%80%9CMost%20voters%20confident%20their%20vote%20will%20be%20counted%2C%20poll%20finds.%20But%20partisans%20disagree%20on%20election%20threats.%E2%80%9D>
Posted in The Voting Wars<https://electionlawblog.org/?cat=60>


“An accidental candidate looms as wild card in Katko-Balter race for Congress”<https://electionlawblog.org/?p=116527>
Posted on October 9, 2020 7:39 am<https://electionlawblog.org/?p=116527> by Rick Hasen<https://electionlawblog.org/?author=3>

Syracuse.com:<https://www-syracuse-com.cdn.ampproject.org/v/s/www.syracuse.com/politics/cny/2020/10/an-accidental-candidate-looms-as-wild-card-in-katko-balter-race-for-congress.html?outputType=amp&_js_v=0.1&usqp=mq331AQHKAFQArABIA%3D%3D#origin=https%3A%2F%2Fwww.google.com&prerenderSize=1&visibilityState=prerender&paddingTop=32&p2r=0&csi=1&aoh=16022412764034&viewerUrl=https%3A%2F%2Fwww.google.com%2Famp%2Fs%2Fwww.syracuse.com%2Fpolitics%2Fcny%2F2020%2F10%2Fan-accidental-candidate-looms-as-wild-card-in-katko-balter-race-for-congress.html%253foutputType%3Damp&history=1&storage=1&cid=1&cap=navigateTo%2Ccid%2CfullReplaceHistory%2Cfragment%2CreplaceUrl%2CiframeScroll>

Steve Williams agreed to be only a temporary placeholder on the Working Families Party line until Democrats chose a candidate – ultimately Balter – in the June 23 primary election.

But now he’s stuck on the ballot, even though he’s backing Balter. His awkward position is the result of miscalculations by the Working Families Party and a lawsuit by Republicans, who want to block Balter from gaining a third-party line in the election.

Williams’ appearance on the ballot takes on added importance because a Siena College | Syracuse.com poll <https://www.syracuse.com/politics/cny/2020/10/john-katko-dana-balter-in-dead-heat-in-house-race-siena-college-syracusecom-poll.html> shows Balter (45%) and Katko (42%) locked in a statistical dead heat. The race is within the poll’s margin of error of plus or minus 5.1 percentage points.

If the election is anything like 2010, when Ann Marie Buerkle defeated Rep. Dan Maffei by 648 votes<https://www.syracuse.com/news/2010/12/its_official_ann_marie_buerkle.html> in the Syracuse-based congressional district, Williams could be a big factor in the final outcome.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116527&title=%E2%80%9CAn%20accidental%20candidate%20looms%20as%20wild%20card%20in%20Katko-Balter%20race%20for%20Congress%E2%80%9D>
Posted in ballot access<https://electionlawblog.org/?cat=46>


Federal District Court, While Excoriating Florida for Its Incompetence, Won’t Extend Registration Deadline After Last-Day System Crash<https://electionlawblog.org/?p=116525>
Posted on October 9, 2020 7:00 am<https://electionlawblog.org/?p=116525> by Rick Hasen<https://electionlawblog.org/?author=3>

The court found that the burden on the state in keeping the system going outweighed the risk of disenfranchisement. The court’s order concludes:<https://www.demos.org/sites/default/files/2020-10/%20Dream%20Defenders%20et%20al%20v.%20Ron%20Desantis%20and%20Laurel%20M.%20Lee.pdf>

The state could have extended the registration deadline until midnight on October 6th, which would have given these potential voters a fighting chance. Instead, the state chose to notify the public during a normal workday and gave them only seven hours to somehow become apprised of their rights and register, all while also participating in their normal workday, school, family, and caregiving responsibilities. One would expect the state to make it easier for its citizens to vote.
Unfortunately for these potential voters, this Court cannot remedy what the state broke under these circumstances. This Court must consider the consequencesof extending voter registration deadline. Having done so, the motion for preliminary injunction, ECF No. 3, is DENIED.
In so ruling, this Court notes that every man who has stepped foot on the Moon launched from the Kennedy Space Center, in Florida. Yet, Florida has failed to figure out how to run an election properly—a task simpler than rocket science.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116525&title=Federal%20District%20Court%2C%20While%20Excoriating%20Florida%20for%20Its%20Incompetence%2C%20Won%E2%80%99t%20Extend%20Registration%20Deadline%20After%20Last-Day%20System%20Crash>
Posted in court decisions<https://electionlawblog.org/?cat=129>, voter registration<https://electionlawblog.org/?cat=37>


--
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/20201009/43bf291d/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/20201009/43bf291d/attachment.png>