[EL] Breaking Wisconsin Supreme Court ruling on Green party case/more news and commentary

[Rick Hasen]

Correct link on the question whether Kanye West may still appeal in Wisconsin:

https://twitter.com/jrrosswrites/status/1305499413427740674?s=20



From: Rick Hasen <rhasen at law.uci.edu>
Date: Monday, September 14, 2020 at 2:56 PM
To: Election Law Listserv <law-election at uci.edu>
Subject: Breaking Wisconsin Supreme Court ruling on Green party case/more news and commentary

Breaking: In 4-3 Vote NOT Along Party Lines, Wisconsin Supreme Court Keeps Green Party Off the Ballot (Link to Opinion), Which Should Allow Ballots to Be Printed (But Kanye West Appeal Perhaps Coming and Delaying Things Further?)<https://electionlawblog.org/?p=115147>
Posted on September 14, 2020 2:54 pm<https://electionlawblog.org/?p=115147> by Rick Hasen<https://electionlawblog.org/?author=3>

You can find the opinions and dissent here<https://wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=288664>. Conservative Justice Bruce Hagedorn joined the court’s liberals to form a majority.

One of the dissents refers to this case as “perhaps one of the most
important cases in a judicial lifetime.” Really?

This means ballots can be printed, although Kanye West is also expected to<https://twitter.com/patrickdmarley/status/1305623674062503938> file an appeal to his exclusion from the ballot.
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Posted in ballot access<https://electionlawblog.org/?cat=46>


“A bug in Joe Biden’s campaign app gave anyone access to millions of voter files”<https://electionlawblog.org/?p=115145>
Posted on September 14, 2020 2:17 pm<https://electionlawblog.org/?p=115145> by Rick Hasen<https://electionlawblog.org/?author=3>

Tech Crunch:<https://techcrunch.com/2020/09/14/biden-app-voter-files/>

A privacy bug in Democratic presidential candidate Joe Biden’s <https://crunchbase.com/person/joseph-biden>  official campaign app allowed anyone to look up sensitive voter information on millions of Americans, a security researcher has found.

The campaign app, Vote Joe<https://apps.apple.com/us/app/vote-joe/id1523760221>, allows Biden supporters to encourage friends and family members to vote in the upcoming U.S. presidential election by uploading their phone’s contact lists to see if their friends and family members are registered to vote. The app uploads and matches the user’s contacts with voter data supplied from TargetSmart, a political marketing firm that claims to have files on more than 191 million Americans.

When a match is found, the app displays the voter’s name, age and birthday, and which recent election they voted in. This, the app says, helps users “find people you know and encourage them to get involved.”

While much of this data can be already public, the bug made it easy for anyone to access any voter’s information.

The App Analyst, a mobile expert who detailed his findings<https://theappanalyst.com/biden.html?biden.html> on his eponymous blog, found that he could trick the app into pulling in anyone’s information by creating a contact on his phone with the voter’s name.

Worse, he told TechCrunch, the app pulls in a lot more data than it actually displays. By intercepting the data that flows in and out of the device, he saw far more detailed and private information, including the voter’s home address, date of birth, gender, ethnicity and political party affiliation, such as Republican or Democrat.

The Biden campaign fixed the bug and pushed out an app update on Friday.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, cheap speech<https://electionlawblog.org/?cat=130>, chicanery<https://electionlawblog.org/?cat=12>


“Ohio Secretary of State Frank LaRose blocks Cuyahoga County elections plan offering ballot drop-off sites at libraries”<https://electionlawblog.org/?p=115142>
Posted on September 14, 2020 2:01 pm<https://electionlawblog.org/?p=115142> by Rick Hasen<https://electionlawblog.org/?author=3>

Very troubling<https://www.cleveland.com/open/2020/09/ohio-secretary-of-state-frank-larose-blocks-cuyahoga-county-elections-plan-offering-ballot-drop-off-sites-at-libraries.html>:

Ohio Secretary of State Frank LaRose on Monday swiftly moved to block the Cuyahoga County Board of Elections from implementing a plan that would have allowed voters to drop off their completed absentee ballots at six libraries throughout the county.

The County Board of Elections unanimously approved the plan Monday morning, saying they planned to send politically balanced teams of elections workers to libraries, starting Oct. 13, where voters also could pick up and drop off absentee ballot requests. The plan appeared to be an attempt to sidestep LaRose’s order for local boards of elections to only offer a single ballot drop-box per county. Elections officials said it would help reduce congestion in the postal system, and reduce traffic at the Board of Elections headquarters in downtown Cleveland.

But hours later, a top official in LaRose’s office ordered the county to not implement the plan. Mandi Grandjean, the Ohio Secretary of State’s Office’s top attorney, in an email to elections officials cited two ongoing lawsuits over LaRose’s ballot-box order.

“Whether we like it or not, this question is still being resolved in the courts,” said Maggie Sheehan, a spokeswoman for LaRose. “We’re concerned that the Cuyahoga board doing this before this issue is resolved in the courts would cause voter confusion. In light of that, we have ordered the board to cease implementation for now.”
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>


“‘This is f—ing crazy’: Florida Latinos swamped by wild conspiracy theories; A flood of disinformation and deceptive claims is damaging Joe Biden in the nation’s biggest swing state.”<https://electionlawblog.org/?p=115140>
Posted on September 14, 2020 1:57 pm<https://electionlawblog.org/?p=115140> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico<https://www.politico.com/news/2020/09/14/florida-latinos-disinformation-413923>:

George Soros directs a “deep state” global conspiracy network. A Joe Biden win would put America in control of “Jews and Blacks.” The Democratic nominee has a pedophilia problem.

Wild disinformation like this is inundating Spanish-speaking residents of South Florida ahead of Election Day, clogging their WhatsApp chats, Facebook feeds and even radio airwaves at a saturation level that threatens to shape the outcome in the nation’s biggest and most closely contested swing state.

The sheer volume of conspiracy theories — including QAnon — and deceptive claims is already playing a role in stunting Biden’s growth with Latino voters, who make up about 17 percent of the state’s electorate.

“The onslaught has had an effect,” said Eduardo Gamarra, a pollster and director of the Latino Public Opinion Forum at Florida International University.

“It’s difficult to measure the effect exactly, but the polling sort of shows it and in focus groups it shows up, with people deeply questioning the Democrats, and referring to the ‘deep state’ in particular — that there’s a real conspiracy against the president from the inside,” he said. “There’s a strain in our political culture that’s accustomed to conspiracy theories, a culture that’s accustomed to coup d’etats.”

Gamarra, a political science and international relations professor with extensive experience polling in Latin America and Hispanic voters in Florida, pointed to recent large-sample surveys of Latinos in the state<https://www.politico.com/news/2020/09/04/joe-biden-florida-hispanic-voters-poll-408711> and in the Latino-heavy county of Miami-Dade.<https://www.politico.com/news/2020/09/08/trump-miami-florida-support-410362> They showed Biden underperforming with this crucial Democratic leaning segment of the electorate, though he’s still running ahead of President Donald Trump by double digits.The race overall in the state is essentially tied<https://www.politico.com/news/2020/09/08/poll-trump-biden-florida-410021>….

WhatsApp group chats are widely popular among Latin Americans and other immigrant communities in the U.S. because the app doesn’t require a U.S. phone number or specific mobile service provider, making it easy to stay in touch with family abroad via text or voice communication. Group chats within the closed network can easily be created with dozens of people anywhere in the world. Plus, iPhones aren’t as popular in Latin America — meaning iMessage chats are not an option for many.

Political campaigns, social justice movements and support groups have followed along, making WhatsApp a top tool for reaching voters in Latin America and from Latin America.

In South Florida, veteran Latino Democratic strategist Evelyn Pérez-Verdia noticed this summer that the WhatsApp groups dedicated to updates on the pandemic and news for the Colombian and Venezuelan communities became intermittently interspersed with conspiracy theories from videos of far-right commentators or news clips from new Spanish-language sites, like Noticias 24 and PanAm Post, and the YouTube-based Informativo G24 website.

“I’ve never seen this level of disinformation, conspiracy theories and lies,” Pérez-Verdia, who is of Colombian descent, said. “It looks as if it has to be coordinated.”

Republicans say people on both sides of the political aisle are sharing disinformation organically, although they can’t point to similar conspiracy theories espoused by the left. And they accuse Democrats of labeling every opinion or news story they disagree with as disinformation.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, cheap speech<https://electionlawblog.org/?cat=130>, chicanery<https://electionlawblog.org/?cat=12>


Sept. 17 Constitution Day Event at U. Cincinnati: “The Resiliency of Our Electoral System”<https://electionlawblog.org/?p=115138>
Posted on September 14, 2020 1:38 pm<https://electionlawblog.org/?p=115138> by Rick Hasen<https://electionlawblog.org/?author=3>

Looking forward to this:<https://www.uc.edu/news/articles/2020/08/n20940845.html>

Date: September 17, 2020 12:15 PM – 1:15 PM

Ticketing: Register<https://law.uc.edu/news/constitution-day.html%20>

Ohio is a bellwether state for national elections and the University of Cincinnati College of Law is leading the conversation about the particularly important topic of election law. Richard L. Hasen, Chancellor’s Professor of Law and Political Science at the University of California, Irvine School of Law, and UC Law’s Dean Verna Williams will discuss U.S. elections with topics such as voter suppression, foreign interference, and the resilience of our electoral system during their interactive conversation “The Resilience of Our Electoral System.” This event, the 2020 Constitution Day lecture, will be held at 12:15 p.m., Thursday, Sept. 17, 2020 via WebEx.

CLE: approved in OH and KY for 1.0 hour of CLE
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Cardozo Sept. 23 event: “Election 2020: The Challenge, The Law, and the Path Ahead”<https://electionlawblog.org/?p=115136>
Posted on September 14, 2020 1:34 pm<https://electionlawblog.org/?p=115136> by Rick Hasen<https://electionlawblog.org/?author=3>

Details:<https://twitter.com/FloersheimerCtr/status/1305601102843318272?s=20>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Blockbuster BuzzFeed Story: “Facebook Is Turning A Blind Eye To Global Political Manipulation, According To This Explosive Secret Memo”<https://electionlawblog.org/?p=115134>
Posted on September 14, 2020 1:32 pm<https://electionlawblog.org/?p=115134> by Rick Hasen<https://electionlawblog.org/?author=3>

So troubling:<https://www.buzzfeednews.com/article/craigsilverman/facebook-ignore-political-manipulation-whitstleblower-memo>

Facebook ignored or was slow to act on evidence that fake accounts on its platform have been undermining elections and political affairs around the world, according to an explosive memo sent by a recently fired Facebook employee and obtained by BuzzFeed News.

The 6,600-word memo, written by former Facebook data scientist Sophie Zhang, is filled with concrete examples of heads of government and political parties in Azerbaijan and Honduras using fake accounts or misrepresenting themselves to sway public opinion. In countries including India, Ukraine, Spain, Bolivia, and Ecuador she found evidence of coordinated campaigns of varying sizes to boost or hinder political candidates or outcomes, though she did not always conclude who was behind them.

“In the three years I’ve spent at Facebook, I’ve found multiple blatant attempts by foreign national governments to abuse our platform on vast scales to mislead their own citizenry, and caused international news on multiple occasions,” wrote Zhang, who declined to talk to BuzzFeed News. Her Linkedin profile said she “worked as the data scientist for the Facebook Site Integrity fake engagement team” and dealt with “bots influencing elections and the like.”

“I have personally made decisions that affected national presidents without oversight, and taken action to enforce against so many prominent politicians globally that I’ve lost count,” she wrote.

The memo is a damning account of Facebook’s failures. It’s the story of Facebook abdicating responsibility for malign activities on its platform that could affect the political fate of nations outside the United States or Western Europe. It’s also the story of a junior employee wielding extraordinary moderation powers that affected millions of people without any real institutional support, and the personal torment that followed.

“I know that I have blood on my hands by now,” Zhang wrote.
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Posted in campaigns<https://electionlawblog.org/?cat=59>, cheap speech<https://electionlawblog.org/?cat=130>, chicanery<https://electionlawblog.org/?cat=12>


“Cuyahoga County Board of Elections moves to allow residents to return early voting ballots at six libraries”<https://electionlawblog.org/?p=115132>
Posted on September 14, 2020 12:33 pm<https://electionlawblog.org/?p=115132> by Rick Hasen<https://electionlawblog.org/?author=3>

The latest<https://www.cleveland.com/news/2020/09/cuyahoga-county-board-of-elections-to-allow-residents-to-return-early-voting-ballots-at-six-libraries.html> from Ohio:

The Cuyahoga County plan appears to be an end-around the ballot dropbox prohibition by LaRose. In a press release, local board members compared offering ballot collections locations to the existing precedent of sending bipartisan teams of elections workers to help nursing home residents vote.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>


Demos Sept. 17 Event: “Thinking Boldly about the Right to Vote and the Constitution”<https://electionlawblog.org/?p=115130>
Posted on September 14, 2020 12:29 pm<https://electionlawblog.org/?p=115130> by Rick Hasen<https://electionlawblog.org/?author=3>

Demos:<https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fzoom.us%2Fwebinar%2Fregister%2FWN_omYsubZoRqq996B1vf5O1Q&data=01%7C01%7C%7C4f11ddb695674eb91e2c08d858d73c7a%7Ccbd30192e2f046839c8f4b702b0ffb4a%7C0&sdata=qgC%2FnnwDihBPOINnV2HH5rdfSLmN7P8dzSYThg%2FIepU%3D&reserved=0>

Building durable political power in Black and brown communities is central to advancing an inclusive, multiracial democracy. The right to vote is critical to this goal. Yet so many of us know from our lived experience that the right to vote is not something we all can count on.

Amid today’s political movement—which calls for transformative solutions to the problems of democratic exclusion and economic exploitation—enshrining the right to vote fully and affirmatively in our Constitution is a powerful and durable way to build Black and brown political power and dismantle white supremacy.

On Constitution Day, join us for the second in our Radically Honest Conversations Series as we discuss the right to vote—as it is now and as it should be—with these speakers:

Ivanna Gonzalez, Deputy Director, Blueprint NC

Andrea James, Executive Director, National Council for Incarcerated and Formerly Incarcerated Women and Girls

Judith Browne Dianis, Executive Director, The Advancement Project

Guy Uriel-Charles, Professor of Constitutional Law, Duke Law School

Moderator
·         Laura Williamson, Senior Policy Analyst, Demos
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Democrats try to streamline mail balloting for their voters”<https://electionlawblog.org/?p=115128>
Posted on September 14, 2020 12:23 pm<https://electionlawblog.org/?p=115128> by Rick Hasen<https://electionlawblog.org/?author=3>

AP reports.<https://www.detroitnews.com/story/news/politics/2020/09/14/election-2020-democrats-voting/5791121002/>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“What If Trump Loses And Won’t Leave?”<https://electionlawblog.org/?p=115126>
Posted on September 14, 2020 12:20 pm<https://electionlawblog.org/?p=115126> by Rick Hasen<https://electionlawblog.org/?author=3>

538 analysis.<https://fivethirtyeight.com/features/what-if-trump-loses-and-wont-leave/>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“The big national news providers need threat modeling teams”<https://electionlawblog.org/?p=115124>
Posted on September 14, 2020 10:50 am<https://electionlawblog.org/?p=115124> by Rick Hasen<https://electionlawblog.org/?author=3>

Jay Rosen<https://pressthink.org/2020/09/the-national-news-providers-need-threat-modeling-teams/>:

Four weeks ago I recommended<https://pressthink.org/2020/08/from-emergency-to-active-threat-we-have-again-switched-settings-in-our-coverage-of-donald-trump/> that the big national newsrooms create threat modeling teams to help organize coverage of the Trump government and the 2020 elections. My concern was that American democracy was being put at risk, and traditional campaign coverage was not capable of addressing that kind of threat.

Today I am back to develop this suggestion a little further, in hopes that some of our major news providers will take an interest. I consulted two people who have worked with threat modeling in other danger zones, and I asked them to help me imagine its possible uses in a newsroom setting.

One is Joshua Geltzer<https://www.law.georgetown.edu/faculty/joshua-geltzer/>, currently a Visiting Professor of Law at Georgetown University. From 2015 to 2017 he was Senior Director for Counterterrorism on the National Security Council staff, where he particpated in what are called “table top” exercises that try to imagine how threats would play out. (This is often called “threat ideation.”) As a “customer” working on counter-terrorism for the executive branch, he used the products of threat modeling teams based in the intelligence agencies and law enforcement. He has also written<https://www.theatlantic.com/ideas/archive/2020/08/trump-has-launched-three-pronged-attack-election/615034/> about Donald Trump’s attacks on the 2020 election.

My other informant is Alex Stamos<https://cisac.fsi.stanford.edu/people/alex-stamos-0>, former Chief Security Office at Facebook, and Chief Information Security Officer at Yahoo, which he described as “the most senior person at a company who is solely tasked with defending the company’s systems, software and other technical assets from attack.” At Facebook his duties were two-fold. One involved defending the company’s IT systems against hacking: “supervising the central security team that tries to understand risk across the company and work with many other teams to mitigate that risk.” His other duty was to help prevent misuse of Facebook products to cause harm. “Exploiting a software flaw to steal data is hacking. Using a product to harass people, or plan a terrorist attack, is abuse,” he explained.

Incorporating what I learned from Josh Geltzer and Alex Stamos — and from an off-the-record briefing about election threats put on by the Aspen Institute, which I attended last week — here is how I see it working.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Green Party’s legal team has ties to GOP and also represents counties that don’t want party added to ballot”<https://electionlawblog.org/?p=115122>
Posted on September 14, 2020 10:38 am<https://electionlawblog.org/?p=115122> by Rick Hasen<https://electionlawblog.org/?author=3>

Milwaukee Journal Sentinel<https://www.jsonline.com/story/news/politics/2020/09/14/green-party-lawyers-have-ties-gop-counties-association/5791100002/>:

The legal team trying to get the Green Party’s presidential ticket on the state’s ballot has close ties to Republicans and also represents Wisconsin’s counties —a group that doesn’t want the Green Party to prevail because it will force them to reprint ballots and miss deadlines.

The situation is causing some county officials to ask how lawyers they help fund can perform work that is not in their interest.

“Representing one client shouldn’t have an adverse effect on representing another client,” said Milwaukee County Supervisor Joseph Czarnezki. “I think this is a conflict.”

“It would cost counties throughout the state a small fortune to reprint all these ballots, and that’s not fair to the taxpayers.”
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Posted in ballot access<https://electionlawblog.org/?cat=46>


“Report finds 1.7 percent of California vote-by-mail ballots rejected on average”<https://electionlawblog.org/?p=115120>
Posted on September 14, 2020 10:00 am<https://electionlawblog.org/?p=115120> by Rick Hasen<https://electionlawblog.org/?author=3>

Release<https://www.calvoter.org/content/report-finds-17-percent-california-vote-mail-ballots-rejected-average>:

A new report finds on average 1.7 percent of vote-by-mail ballots cast in California have been rejected over the past decade. In three counties studied, young and newly registered voters were more likely than older voters to have their ballots rejected.

“Improving California’s Vote-by-Mail Process by Reducing Ballot Rejection: A Three-County Study,” published by the California Voter Foundation, examines the demographics and voting methods of Sacramento, San Mateo and Santa Clara County voters whose November 2018 General Election vote-by-mail (VBM) ballots were rejected, online at: www.calvoter.org/rejectedballots<http://www.calvoter.org/rejectedballots>.
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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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