[EL] ELB News and Commentary 10/14/20

[Rick Hasen]

Judge Barrett Won’t Answer Question Whether Every Presidential Candidate Should Commit to a Peaceful Transition of Power, Seeing It as a “Political Controversy”<https://electionlawblog.org/?p=116783>
Posted on October 13, 2020 9:58 pm<https://electionlawblog.org/?p=116783> by Rick Hasen<https://electionlawblog.org/?author=3>

Watch:<https://twitter.com/CBSNews/status/1316130757954461701?s=20>

Brendan Nyhan is worried<https://twitter.com/BrendanNyhan/status/1316138376752443392?s=20>.
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Posted in Supreme Court<https://electionlawblog.org/?cat=29>


“Barrett says she would not be ‘used as a pawn’ to decide potential election case, but refuses to say if she’d recuse herself.”<https://electionlawblog.org/?p=116781>
Posted on October 13, 2020 9:56 pm<https://electionlawblog.org/?p=116781> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT reports.<https://www.nytimes.com/2020/10/13/us/politics/barrett-says-she-would-not-be-used-as-a-pawn-to-decide-potential-election-case-but-refuses-to-say-if-shed-recuse-herself.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“The Fight Over Absentee Ballots Intensifies Around Drop Boxes; Democrats are pushing to expand their use, while Republicans insist, without evidence, that they make fraud easier — even as they deploy their own in California.”<https://electionlawblog.org/?p=116778>
Posted on October 13, 2020 9:49 pm<https://electionlawblog.org/?p=116778> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT reports.<https://www.nytimes.com/2020/10/13/us/politics/california-drop-boxes-voting-gop.html>

“I know of no evidence that drop boxes have lead to more or less fraud” than sending ballots through the mail, said Charles Stewart III, a professor of political science at the Massachusetts Institute of Technology who runs the university’s Election Data and Science Lab. “The fact that we just don’t have evidence of massive tampering based on either suggests that this is a nothingburger, as they say.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Early voting begins in Texas with high turnout, despite new legal developments on voting access”<https://electionlawblog.org/?p=116776>
Posted on October 13, 2020 9:47 pm<https://electionlawblog.org/?p=116776> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo reports.<https://www.washingtonpost.com/politics/appeals-panel-upholds-abbotts-order-for-just-one-ballot-box-per-texas-county/2020/10/13/bc51869c-0d4d-11eb-8a35-237ef1eb2ef7_story.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“California GOP considers adding more disputed ballot boxes”<https://electionlawblog.org/?p=116774>
Posted on October 13, 2020 9:44 pm<https://electionlawblog.org/?p=116774> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<https://apnews.com/article/xavier-becerra-california-elections-648384d55043abba7a44c26157bee7f9>:

California’s top elections and law enforcement officials, both Democrats, on Monday said the boxes are illegal, threaten election security and must come down. Those behind the GOP effort could face criminal prosecution, Attorney General Xavier Becerra said.

Rick Hasen, an election law expert at University of California, Irvine, said he believes it’s unclear whether the unofficial drop boxes are legal and the courts will have to decide. But he doesn’t recommend them.

“I think it’s a very bad idea. They are not as secure as government drop boxes, which are put in well-lighted places and are tamper-proof,” he said. “I worry about third parties interfering with these privately run drop boxes.”

California has sent every active registered voter a mail-in ballot for the Nov. 3 election and greatly reduced the number of polling places to limit crowds during the pandemic. President Donald Trump and other Republicans have raised questions about the security of mail-in voting, which has been used for many years but will be done at a record level around the country this election.

The California GOP drop boxes are a new version of “vote harvesting,” which is legal in California and allows party volunteers to collect multiple ballots and deliver them to election officials.

California’s election officials say anyone who delivers ballots for others must put their name on those ballots and sign them. But a 2018 state law bars ballots from being disqualified if they fail to include these signatures.

Republicans say that means their volunteers can collect ballots in boxes and turn them in without signing their names.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“The First Amendment in the Age of Disinformation”<https://electionlawblog.org/?p=116772>
Posted on October 13, 2020 9:39 pm<https://electionlawblog.org/?p=116772> by Rick Hasen<https://electionlawblog.org/?author=3>

Looking forward to reading this new Emily Bazelon<https://www.nytimes.com/2020/10/13/magazine/free-speech.html> in the NYT Magazine.
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Posted in cheap speech<https://electionlawblog.org/?cat=130>


“Trump urges California GOP to ‘fight on’ with unofficial ballot boxes despite prosecution threat”<https://electionlawblog.org/?p=116770>
Posted on October 13, 2020 9:35 pm<https://electionlawblog.org/?p=116770> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/states/california/story/2020/10/14/trump-urges-california-gop-to-fight-on-with-unofficial-ballot-boxes-despite-prosecution-threat-1324290>

President Donald Trump took to Twitter on Tuesday to urge the California Republican Party to “fight on” in its move to collect ballots in unofficial “drop boxes’’ around the state, in defiance of legal threats from state officials.

Trump’s comments come a day after top California officials sent the state party a cease-and-desist notice, ordering them to remove the unofficial ballot drop boxes. The appearance of the boxes prompted Gov. Gavin Newsom to accuse California Republicans of “willing to lie, cheat and threaten our democracy all for the sake of gaining power.”

Trump, in a Tuesday tweet,<https://twitter.com/realDonaldTrump/status/1316181929440366592?s=20> wrote, “You mean only Democrats are allowed to do this? But haven’t the Dems been doing this for years? See you in court. Fight hard Republicans!”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Two Emergency Requests Filed in Supreme Court in Wisconsin Voting Case<https://electionlawblog.org/?p=116768>
Posted on October 13, 2020 9:28 pm<https://electionlawblog.org/?p=116768> by Rick Hasen<https://electionlawblog.org/?author=3>

Gear petition<https://www.supremecourt.gov/DocketPDF/20/20A65/157533/20201013141814136_20A-%20Application.pdf> and Swenson petition<https://www.supremecourt.gov/DocketPDF/20/20A64/157562/20201013162738721_Swenson%20v%20Bostelmann%20Emergency%20Application.pdf>. More at SCOTUSBlog<https://www.scotusblog.com/election-litigation/democratic-national-committee-v-bostelmann/>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Ninth Circuit Panel Rejects Extension of Arizona Voter Registration Deadline But Will Allow Voters Who Registered Past The Deadline to Keep Their Registration; Judge Bybee Would Have Rejected Those Registrations<https://electionlawblog.org/?p=116764>
Posted on October 13, 2020 9:23 pm<https://electionlawblog.org/?p=116764> by Rick Hasen<https://electionlawblog.org/?author=3>

Opinion<https://www.abajournal.com/news/article/election_law_blogger_responsible_for_free_ben_jerrys>.

The majority panel is made up of two Democratic-appointed judges; Judge Bybee is a Bush appointee.

I was shocked when this remedy was granted on the eve of the registration deadline, and given the signals sent from the Supreme Court this is as I expected.

It is possible there could be further litigation to roll back the registrations of those who voted after the original deadline, but it is not clear that anyone with standing on the issue will want to appeal.

I liked this line about Purcell in the majority opinion:
[cid:image003.png at 01D6A1AD.2F947180]
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Posted in voter registration<https://electionlawblog.org/?cat=37>


New York: “Appeal denied: Williams will remain on congressional ballot with Balter, Katko”<https://electionlawblog.org/?p=116762>
Posted on October 13, 2020 9:14 pm<https://electionlawblog.org/?p=116762> by Rick Hasen<https://electionlawblog.org/?author=3>

Auburnpub:<https://auburnpub.com/news/local/govt-and-politics/appeal-denied-williams-will-remain-on-congressional-ballot-with-balter-katko/article_68005f5d-bc4f-5b14-a230-4b898ac35e10.html#tracking-source=home-top-story-1>

A court has denied an appeal from Democratic candidate Dana Balter and the Working Families Party — a decision that will keep Steve Williams on the ballot and ensure there is a three-way race in the 24th Congressional District.

The state Appellate Division, Fourth Judicial Department, affirmed a state Supreme Court judge’s ruling that restores Williams as the Working Families Party candidate in the 24th district.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“What Voters Can Do About Poll Watchers”<https://electionlawblog.org/?p=116760>
Posted on October 13, 2020 9:12 pm<https://electionlawblog.org/?p=116760> by Rick Hasen<https://electionlawblog.org/?author=3>

WBUR’s Here and Now.<https://www.wbur.org/hereandnow/2020/10/13/voters-poll-watchers-2020-election>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Trump Years Show Boom for Company Adoption of Political Disclosure and Accountability, According to 2020 CPA-Zicklin Index”<https://electionlawblog.org/?p=116758>
Posted on October 13, 2020 9:05 pm<https://electionlawblog.org/?p=116758> by Rick Hasen<https://electionlawblog.org/?author=3>

Release.<https://politicalaccountability.net/hifi/files/CPA-Zicklin-Index---2020---press-release---10-08-20---CPA-Zicklin-logo-2-.pdf>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>


7th Circuit Reverses District Court Order Extending Vote by Mail Deadlines in Indiana<https://electionlawblog.org/?p=116756>
Posted on October 13, 2020 2:07 pm<https://electionlawblog.org/?p=116756> by Rick Hasen<https://electionlawblog.org/?author=3>

Order here.<https://www.documentcloud.org/documents/7230052-10-13-20-Common-Cause-Indiana-7th-Circuit.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Over Justice Sotomayor’s Dissent, Supreme Court Will Let the Census Count End Earlier Than Original October 31 Date<https://electionlawblog.org/?p=116754>
Posted on October 13, 2020 1:55 pm<https://electionlawblog.org/?p=116754> by Rick Hasen<https://electionlawblog.org/?author=3>

You can find the order here<https://assets.documentcloud.org/documents/7230034/20A62-Order.pdf>.
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Posted in census litigation<https://electionlawblog.org/?cat=125>, Supreme Court<https://electionlawblog.org/?cat=29>


“California GOP installed unofficial ballot drop boxes at churches, gas stations and gun stores. Is that legal?”<https://electionlawblog.org/?p=116752>
Posted on October 13, 2020 1:48 pm<https://electionlawblog.org/?p=116752> by Rick Hasen<https://electionlawblog.org/?author=3>

I spoke <https://www.kcrw.com/news/shows/press-play-with-madeleine-brand/election-2020-vote-coronavirus-bookstore-acting/ballot-harvesting-drop-boxes-california> with Madeline Brand of KCRW’s “Press Play.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Federal judge denies injunction, so 7 states won’t be forced to accept internet ballot return”<https://electionlawblog.org/?p=116750>
Posted on October 13, 2020 1:46 pm<https://electionlawblog.org/?p=116750> by Rick Hasen<https://electionlawblog.org/?author=3>

Andrew Appel blogs<https://freedom-to-tinker.com/2020/10/13/federal-judge-denies-injunction-so-7-states-wont-be-forced-to-accept-internet-ballot-return/>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“California Secretary Of State Orders Republican Party To Remove Unauthorized Ballot Boxes”<https://electionlawblog.org/?p=116748>
Posted on October 13, 2020 1:34 pm<https://electionlawblog.org/?p=116748> by Rick Hasen<https://electionlawblog.org/?author=3>

I spoke<https://www.wbur.org/hereandnow/2020/10/13/california-ballot-boxes-republicans> to NPR’s “Here and Now.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Iowa Supreme Court puts ruling on absentee forms on hold”<https://electionlawblog.org/?p=116746>
Posted on October 13, 2020 1:18 pm<https://electionlawblog.org/?p=116746> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<https://www.desmoinesregister.com/story/news/politics/elections/2020/10/06/iowa-republicans-ask-state-supreme-court-stay-ruling-absentee-forms/5898380002/>:

The Iowa Supreme Court on Tuesday swiftly granted a request from Republican groups to stay a judge’s ruling that blocked enforcement of an order that has been used to invalidate tens of thousands of absentee ballot requests.

The Republican National Committee, President Trump’s campaign and other GOP groups argued in an emergency petition filed Tuesday that Iowa’s election administration could be thrown into “chaos” if the ruling was allowed to stand.

Within hours, Chief Justice Susan Christensen released an order saying the full court had granted their request to put the ruling on hold pending further proceedings. She said the court will consider the merits of the case in the coming days….

Pate, a Republican, said his directive was intended to ensure uniformity in how the applications were mailed statewide. But Hanson found that it would harm the public’s interest in making voting by mail as easy as possible during the coronavirus pandemic, saying it appeared to be designed to limit the option.

Based on the directive, courts have invalidated absentee ballot applications that were mailed to more than 200,000 voters in three counties and that contained their identification information.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Fake Twitter accounts posing as Black Trump supporters appear, reach thousands, then vanish”<https://electionlawblog.org/?p=116744>
Posted on October 13, 2020 1:07 pm<https://electionlawblog.org/?p=116744> by Rick Hasen<https://electionlawblog.org/?author=3>

Washington Post:<https://www.washingtonpost.com/technology/2020/10/13/black-fake-twitter-accounts-for-trump/>

An account featuring the image of a Black police officer, President Trump and the words “VOTE REPUBLICAN” had a brief but spectacular run on Twitter. In six days after it became active last week, it tweeted just eight times but garnered 24,000 followers, with its most popular tweet being liked 75,000 times.

Then, on Sunday, the account was gone — suspended by Twitter for breaking its rules against platform manipulation.

The remarkable reach of @CopJrCliff and other fake accounts from supposed Black Trump supporters highlights how an account can be effective at pushing misleading narratives in just a few days — faster than Twitter can take them down.

A network of more than two dozen similar accounts, many of them using identical language in their tweets, recently has generated more than 265,000 retweets or other amplifying “mentions” on Twitter, according to Clemson University social media researcher Darren Linvill, who has been tracking them since last weekend. Several had tens of thousands of followers, and all but one have now been suspended.

Researchers call fake accounts featuring supposed Black users “digital blackface,”<https://www.washingtonpost.com/technology/2020/08/26/race-divisions-highlighted-disinformation-2016/?itid=lk_inline_manual_9> a reference to the now-disgraced tactic of White people darkening their faces for film or musical performances intended to mimic African Americans.

Many of the accounts used profile pictures of Black men taken from news reports or other sources. Several of the accounts claimed to be from members of groups with pro-Trump leanings, including veterans, police officers, steelworkers, businessmen and avid Christians. One of the fake accounts had, in the place of a profile photo, the words “black man photo” — a hint of sloppiness by the network’s creators.
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Posted in cheap speech<https://electionlawblog.org/?cat=130>


“Early voting may be curtailed in NYC’s coronavirus hot spots”<https://electionlawblog.org/?p=116742>
Posted on October 13, 2020 1:02 pm<https://electionlawblog.org/?p=116742> by Rick Hasen<https://electionlawblog.org/?author=3>

NY Post reports.<https://nypost.com/2020/10/13/early-voting-in-nycs-covid-hot-spot-areas-may-be-curtailed/>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


I Watched GOP Training Videos for Poll Watchers So You Don’t Have To<https://electionlawblog.org/?p=116739>
Posted on October 13, 2020 12:50 pm<https://electionlawblog.org/?p=116739> by Richard Pildes<https://electionlawblog.org/?author=7>

CNN story<https://www.cnn.com/2020/10/08/politics/trump-campaign-poll-watchers/index.html> here, titled: “‘Behave yourself’: Trump campaign’s training tapes for poll watchers don’t always align with Trump’s rhetoric”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Trump Campaign Suggests Omarosa Manigault Newman Pay for $1 Million in Ad Spending”<https://electionlawblog.org/?p=116737>
Posted on October 13, 2020 11:44 am<https://electionlawblog.org/?p=116737> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2020/10/13/us/politics/trump-campaign-omarosa.html>

The Trump campaign has suggested that Omarosa Manigault Newman, a former White House aide, pay for an ad campaign costing nearly $1 million as a “corrective” remedy for her critical comments about President Trump in her 2018 book and in subsequent interviews.

The recommendation was made in a document filed by the Trump campaign from an expert witness last week as part of an ongoing arbitration case<https://www.nytimes.com/2018/08/14/us/politics/omarosa-trump-campaign-arbitration-case.html?searchResultPosition=21>; The Times reviewed the document.

The witness, Eric W. Rose, a crisis management expert, detailed a lengthy advertising proposal across several platforms that would cost just over $846,000. He did not suggest a time frame by which the ad campaign would need to take place. But the proposal mentions several times the impressions Ms. Manigault Newman’s comments could have left with “voters,” and was filed a few weeks before the election.

“It would be my recommendation that Ms. Manigault Newman pays for the corrective ads/corrective statements outlined above to counteract the long-term adverse effects of information that appeared as a result of Ms. Manigault Newman violating her confidentially agreement,” Mr. Rose wrote. He concluded: “If corrective ads are not placed, voters may continue to hold beliefs about the president as a result of Ms. Manigault Newman’s statements.”…

Jenna Ellis, a legal adviser to the Trump campaign, said Mr. Rose’s document did not constitute a demand for a contribution to the Trump campaign. Rather, she said, “the report evidences the extent of damages suffered by the Trump campaign as a direct result of Ms. Manigault Newman’s breach of her unambiguous contractual obligations.”

Yet campaign finance experts said that if Ms. Manigault Newman were to finance an advertising campaign, it would effectively represent a campaign contribution.

Having her pay for an ad campaign “in my opinion would be an illegally large in-kind contribution to the Trump campaign,” said Paul S. Ryan, the vice president for policy and litigation at the good-government group Common Cause.

Even if she were just to appear in an ad, without funding it, there would be a value to Ms. Manigault Newman’s time that would almost certainly exceed the $2,800 federal contribution limit, Mr. Ryan said.

Brendan Fischer, of the Campaign Legal Center, said, “I can’t believe that the Trump campaign’s attorneys would have allowed something like that to have been put in writing.”
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116737&title=%E2%80%9CTrump%20Campaign%20Suggests%20Omarosa%20Manigault%20Newman%20Pay%20for%20%241%20Million%20in%20Ad%20Spending%E2%80%9D>
Posted in campaign finance<https://electionlawblog.org/?cat=10>


Divided 11th Circuit Panel Restores Alabama’s Witness and Voter ID Requirements for Absentee Ballots But Will Allow Counties to Offer Curbside Voting<https://electionlawblog.org/?p=116735>
Posted on October 13, 2020 9:55 am<https://electionlawblog.org/?p=116735> by Rick Hasen<https://electionlawblog.org/?author=3>

Zoe Tillman with the details<https://twitter.com/ZoeTillman/status/1316048224122273799?s=20>:
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116735&title=Divided%2011th%20Circuit%20Panel%20Restores%20Alabama%E2%80%99s%20Witness%20and%20Voter%20ID%20Requirements%20for%20Absentee%20Ballots%20But%20Will%20Allow%20Counties%20to%20Offer%20Curbside%20Voting>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Mark Zuckerberg and Priscilla Chan donate $100 million more to election administrators, despite conservative pushback”<https://electionlawblog.org/?p=116733>
Posted on October 13, 2020 9:52 am<https://electionlawblog.org/?p=116733> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo reports.<https://www.washingtonpost.com/politics/zuckerberg-chan-elections-facebook/2020/10/12/0e07de94-0cba-11eb-8074-0e943a91bf08_story.html>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116733&title=%E2%80%9CMark%20Zuckerberg%20and%20Priscilla%20Chan%20donate%20%24100%20million%20more%20to%20election%20administrators%2C%20despite%20conservative%20pushback%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Barrett won’t commit to recusing from election disputes”<https://electionlawblog.org/?p=116731>
Posted on October 13, 2020 9:51 am<https://electionlawblog.org/?p=116731> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<https://apnews.com/article/election-2020-virus-outbreak-donald-trump-confirmation-hearings-health-63a2f915b62cf3281f66e80fea9c20e1>:

The 48-year-old appellate court judge, nominated by President Donald Trump and on track for quick confirmation before the Nov. 3 election, also declined to commit to recusing herself from any cases arising from that election.

“I can’t offer an opinion on recusal without short-circuiting that entire process,” she said.

I commented on the recusal question earlier<https://twitter.com/rickhasen/status/1314571480030609410?s=20>.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116731&title=%E2%80%9CBarrett%20won%E2%80%99t%20commit%20to%20recusing%20from%20election%20disputes%E2%80%9D>
Posted in Supreme Court<https://electionlawblog.org/?cat=29>


“Get Ready for a Strange Election Night”<https://electionlawblog.org/?p=116729>
Posted on October 13, 2020 9:29 am<https://electionlawblog.org/?p=116729> by Rick Hasen<https://electionlawblog.org/?author=3>

Political Wire<https://politicalwire.com/2020/10/13/get-ready-for-a-strange-election-night/>:

David Wasserman<https://twitter.com/Redistrict/status/1315883763088453632>: “It is absolutely imperative that every news outlet prepare viewers for the reality that unprecedented partisan polarization of early/Election Day votes makes lopsided batches of results expected, not suspicious, on 11/3.”

Jonathan Bernstein<https://www.bloomberg.com/opinion/articles/2020-10-13/get-ready-for-a-strange-election-night>: “I think that’s the best way to put it. Those who have been following this topic know to expect a ‘red mirage’ as last-minute absentee-ballot voters, typically younger and therefore more likely to support Democrats, are the last to have their votes counted, with the process potentially stretching for days or even weeks after Election Day. There’s also some expectation that states where early and absentee votes are the first to be counted will show a big early lead for Joe Biden until in-person Election Day votes start getting tallied. But those are only general patterns, and some states may differ.”…
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116729&title=%E2%80%9CGet%20Ready%20for%20a%20Strange%20Election%20Night%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Virginia voter registration down on last day to register before election”<https://electionlawblog.org/?p=116727>
Posted on October 13, 2020 9:19 am<https://electionlawblog.org/?p=116727> by Rick Hasen<https://electionlawblog.org/?author=3>

WUSA<https://www.wusa9.com/article/news/local/virginia/virginia-voter-registration-site-down-on-last-day-to-register-to-vote-officials-say/65-3e5b390b-3e47-4a22-a440-6afddf770f3a>:

An accidentally cut cable has caused the entire Virginia voter registration system to go down on the last day to register to vote before election day.

The Virginia Information Technology Agency tweeted that a fiber cut near Route 10 in Chester, Virginia is to blame.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116727&title=%E2%80%9CVirginia%20voter%20registration%20down%20on%20last%20day%20to%20register%20before%20election%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Mail Balloting Is Fueling Historic Early Voting in the 2020 Election”<https://electionlawblog.org/?p=116725>
Posted on October 13, 2020 9:13 am<https://electionlawblog.org/?p=116725> by Rick Hasen<https://electionlawblog.org/?author=3>

WSJ:<https://www.wsj.com/articles/mail-balloting-is-fueling-historic-early-voting-in-the-2020-election-11602591220>

With only three weeks until Election Day, many states are already seeing historic levels of early voting as people cast their ballots through the mail in the middle of a pandemic.

Pennsylvania, Kentucky and Virginia have already received more early ballots than they did in the 2016 presidential election. Several other states have topped 2016 numbers for mail ballots returned, even as in-person early voting is opening up in much of the country.

So far, 8.2 million people have voted by mail in the general election and 835,000 headed to polling places early to cast ballots, according to figures from 35 states and the District of Columbia compiled by the Associated Press. For comparison, more than 58 million early ballots were cast in 2016.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116725&title=%E2%80%9CMail%20Balloting%20Is%20Fueling%20Historic%20Early%20Voting%20in%20the%202020%20Election%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Georgia breaks turnout record for first day of early voting”<https://electionlawblog.org/?p=116723>
Posted on October 13, 2020 9:05 am<https://electionlawblog.org/?p=116723> by Rick Hasen<https://electionlawblog.org/?author=3>

AP reports.<https://www.thetelegraph.com/news/article/Georgia-breaks-turnout-record-for-first-day-of-15643929.php>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116723&title=%E2%80%9CGeorgia%20breaks%20turnout%20record%20for%20first%20day%20of%20early%20voting%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Groups to appeal lawsuit over Wisconsin absentee ballots to U.S. Supreme Court”<https://electionlawblog.org/?p=116721>
Posted on October 13, 2020 8:56 am<https://electionlawblog.org/?p=116721> by Rick Hasen<https://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel:<https://www.jsonline.com/story/news/politics/elections/2020/10/13/wisconsin-absentee-ballot-case-appealed-u-s-supreme-court/5977797002/>

Groups seeking to allow late-arriving absentee ballots to be counted in Wisconsin are taking their case to the U.S. Supreme Court.

The push comes a week after an appeals court determined that none of Wisconsin’s voting laws should be changed<https://www.jsonline.com/story/news/politics/2020/10/08/reversal-court-says-wisconsin-absentee-ballots-must-returned-election-day/5925677002/> because of the coronavirus pandemic. That means absentee ballots will be counted only if they arrive in municipal clerks’ offices by Election Day.

Democrats, their allies and non-partisan groups hope to reinstate a lower-court ruling that would allow absentee ballots to be counted if they arrive after Election Day as long as they are postmarked by then.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116721&title=%E2%80%9CGroups%20to%20appeal%20lawsuit%20over%20Wisconsin%20absentee%20ballots%20to%20U.S.%20Supreme%20Court%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Texas counties can offer only one drop-off ballot location, federal appeals court rules, upholding Gov. Greg Abbott’s order”<https://electionlawblog.org/?p=116719>
Posted on October 13, 2020 8:36 am<https://electionlawblog.org/?p=116719> by Rick Hasen<https://electionlawblog.org/?author=3>

Texas Tribune:<https://www.texastribune.org/2020/10/13/texas-election-ballot-drop-off/>

Texas counties may collect mail-in ballots at only one location, a federal appeals court ruled late Monday, once again upholding an order from Gov. Greg Abbott<https://www.texastribune.org/directory/greg-abbott/> that restricts voting options.

Abbott in July acted to lengthen the early voting period and allow voters to deliver completed absentee ballots in person for longer than the normal period. But after large Democratic counties including Harris and Travis established several sites where voters could deliver their ballots, Abbott ordered Oct. 1<https://www.texastribune.org/2020/10/01/greg-abbott-texas-vote-mail/> that they would be limited to one.

A number of civil rights groups sued in at least four lawsuits, calling the order an act of voter suppression that would disproportionately impact low-income voters, voters with disabilities, older voters and voters of color in Democratic counties. A federal judge on Friday sided with those groups, blocking Texas<https://www.texastribune.org/2020/10/11/texas-ballot-drop-off-locations/> from enforcing the ruling.

But a three-judge panel on the conservative U.S. 5th Circuit Court of Appeals temporarily halted that ruling on Saturday and on Monday gave a more formal word on the matter in a written opinion.<http://www.ca5.uscourts.gov/opinions/pub/20/20-50867-CV0.pdf>

Marty Lederman thread:<https://twitter.com/marty_lederman/status/1315992907883704321>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116719&title=%E2%80%9CTexas%20counties%20can%20offer%20only%20one%20drop-off%20ballot%20location%2C%20federal%20appeals%20court%20rules%2C%20upholding%20Gov.%20Greg%20Abbott%E2%80%99s%20order%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“How Quickly Will Your Absentee Vote Be Counted? A State-by-State Timeline”<https://electionlawblog.org/?p=116717>
Posted on October 13, 2020 8:19 am<https://electionlawblog.org/?p=116717> by Rick Hasen<https://electionlawblog.org/?author=3>

Very useful<https://www.nytimes.com/interactive/2020/10/13/us/politics/when-votes-counted.html> from the NYT.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D116717&title=%E2%80%9CHow%20Quickly%20Will%20Your%20Absentee%20Vote%20Be%20Counted%3F%20A%20State-by-State%20Timeline%E2%80%9D>
Posted in absentee ballots<https://electionlawblog.org/?cat=53>


--
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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