[EL] ELB News and Commentary 3/1/21

[Rick Hasen]

Trump Continues to Lie About the 2020 Election Being Stolen in CPAC Speech<https://electionlawblog.org/?p=121022>
Posted on March 1, 2021 8:35 am<https://electionlawblog.org/?p=121022> by Rick Hasen<https://electionlawblog.org/?author=3>

From the speech transcript:<https://www.newsweek.com/donald-trump-cpac-speech-transcript-full-gop-biden-facebook-1572719>

Another one of the most urgent issues facing the Republican Party is that of ensuring fair, honest, and secure elections. Such a disgrace. Such a disgrace. Such a disgrace. We must pass comprehensive election reforms and we must do it now. The democrats use the China virus as an excuse to change all of the election rules without the approval of their state legislatures, making it therefore illegal. It had a massive impact on the election. Again, you have to go to the legislatures to get these approvals. This alone would have easily changed the outcome of the election at levels that you wouldn’t have even believed. Even with COVID, even with all of the things, the numbers are staggering. We can never let this or other abuses of the 2020 election be repeated or happen again. Can never let that happen again.

You see what’s going on. We’ve been set back so greatly with other countries and with the world. We need election integrity and election reform immediately. Republicans should be the party of honest elections that can give everyone confidence in the future of our country. Without honest elections, who has confidence? Who has confidence? This issue is being studied and examined, but the reality is you cannot have a situation where ballots are indiscriminately pouring in from all over the country, tens of millions of ballots, where are they coming from? They’re coming all over the place. We’re illegal aliens and dead people are voting, and many other horrible things are happening that are too voluminous to even mention. But people know. I mean it’s being studied and the level of dishonesty is not to be believed.

We have a very sick and corrupt electoral process that must be fixed immediately. This election was rigged and the supreme court and other courts didn’t want to do anything about it.

We did. If you just take that one element where they didn’t go through a legislature, it’s illegal, you can’t do it. It’s in the constitution. They didn’t have the courage, the supreme court, they didn’t have the courage to act, but instead used process and lack of standing. I was told the President of the United States has no standing. It’s my election, it’s your election. We have no standing. We had almost 25 … if you think of it … we had almost 20 states go into the supreme court so that we didn’t have a standing problem. They rejected it. They rejected it. They should be ashamed of themselves for what they’ve done to our country. They didn’t have the guts or the courage to make the right decision. They didn’t want to talk about it. We had the case led by the great State of Texas. 18 States went in. “You don’t have standing.” Let’s not talk about it. They didn’t have the guts to do what should be done.

And that’s on top of all of these other forms of cheating, but this is the most basic of all. They would have local courts and local politicians change the rules in some cases a day or two before the election. This should never be allowed to happen to another presidential candidate or presidential race, should never be allowed to happen.

Today I want to outline the steps that we must take to have an election system in this country that is honest, fair, and accurate. We need one election day, not 45, 30. One day, like it’s been. And the republicans don’t get this, and the other things I’m going to say, that you should, like the supreme court, be ashamed of yourselves. One day. One day. And the only people that should be allowed to vote by mail are people that can be proven to be either very sick or out of the country or military where they can’t do it. One day. They have millions and millions of ballots sitting around all over the place for long periods of time. Gee, I wonder what happens with those ballots? I wonder what happens. It’s common sense. It’s a disgrace. It’s an absolute disgrace.

There should be a legitimate reason for someone to vote absentee, has to have a reason. We should eliminate the insanity of the mass and very corrupt mail-in voting. We must have voter ID. voter ID. To get into the Democratic National Convention, when they had the convention, you needed voter ID. You needed an ID card. You couldn’t get it unless you had an ID. So many people told me, “You can’t get in that place. You need ID. Nobody had ID.” You need voter ID. They know that. This is a con job. They’re conning everybody. They know that. They know the wall was good. They knew the wall would work, but didn’t want to have it because we wanted. I made one big mistake in the world. I should have said, “We will not have a wall.” And then they would have said, “Let’s build a wall.” I made a big mistake. I made a big mistake. I’m sorry. It took us a year and a half extra because of that mistake. “We will not have a wall … We need a wall immediately,” said Chuck <https://www.newsweek.com/topic/chuck-schumer> Schumer.

We need universal signature matching. They want to pass a bill where you don’t have to match signatures, where signatures don’t mean anything. Now they know it’s … just like with the wall, just like with voter ID, when you need to go into anything that’s Democrat run, you need it. But for voting, which is our most sacred institution, they don’t want to let you have it.

There should be a 100 percent requirement to verify the citizenship of every person who votes and there must be a chain of custody protections for every ballot. Every ballot. And you saw what happened in Detroit and Philadelphia and many other places, swing states mostly. All over, but swing states mostly. You saw what happened. You saw what was going on. You saw that more people … you take a look at the votes, when you have more votes than you have people, that’s a problem, right? Is that a problem? We have a little problem adjusting in Detroit. We seem to have more votes than we have people, a lot more votes, and election changing number. We’re not talking about a number where you can’t … no, these aren’t election changing numbers. In Pennsylvania, they had hundreds of thousands of more votes than they had people voting. What’s that all about? What’s that all about? Cheating they say. Yeah, I’d say so.

In the history of our country, and it has taken place for years in Pennsylvania and Detroit and various other places. But there’s tremendous, never like this, because they used COVID as a way of cheating. That’s what happened. And everybody knows it. Hundreds of thousands and millions of ballots. They used it as a way of getting what they’ve wanted for many years. And the republicans have to do something about it. They better do something about it. Our election process is worse than that in many cases of a third world country. You know that, you saw what was going on. Even if you consider nothing else, it is undeniable that election rules were illegally changed at the last minute in almost every swing state with the procedures rewritten by local politicians … you’re not allowed to do that … and local judges. They want more time, they want this, they want that. All done by local politicians or local judges, as opposed to state legislatures as required by the Constitution of the United States. And these are just numbers that are massive. These aren’t little numbers, these are numbers that in each state is a transformative number. It changes the outcome of the election. And it’s not close. Regardless of your political views, this should concern you as a constitutional matter. And the supreme court, again, didn’t have the guts or the courage to do anything about it. And neither did other judges. And democrats even admitted in Time-

And Democrats even admitted in Time Magazine, which is, I would say on the liberal side. They just couldn’t hold it in. They had to brag about it, because what they did, they had to brag about it. They couldn’t do it. You’ve got to read this story. It’s a disaster. It’s a disaster for our country that we can allow something so corrupt to happen. Read that article. I really encourage you. You read that article. Yet all of the election integrity measures in the world will mean nothing if we don’t have free speech and that’s where we’re at now.

If Republicans can be censored for speaking the truth and calling out corruption, we will not have democracy and we will have only left wing tyranny. And we can do this. We can do this. We’re smarter than they are. We’re tougher than they are. For some reason we just don’t… we don’t get it done. We let them attack our businesses and we don’t attack their businesses. I believe your numbers are bigger than their numbers, but you’re nicer than they are. You’re not as vicious as they are….
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Disinformation Still Swirls Concerning Legitimacy Of Biden Administration”<https://electionlawblog.org/?p=121020>
Posted on March 1, 2021 8:23 am<https://electionlawblog.org/?p=121020> by Rick Hasen<https://electionlawblog.org/?author=3>

NPR:<https://www.npr.org/2021/03/01/972409654/disinformation-still-swirls-concerning-legitimacy-of-biden-administration>

While conspiracy theories aren’t new, experts say their reach is spreading — accelerated by social media, encouraged by former President Donald Trump and weaponized in a way that is unprecedented.
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Posted in cheap speech<https://electionlawblog.org/?cat=130>


“Why Republicans Are Moving To Fix Elections That Weren’t Broken”<https://electionlawblog.org/?p=121018>
Posted on March 1, 2021 8:21 am<https://electionlawblog.org/?p=121018> by Rick Hasen<https://electionlawblog.org/?author=3>

Steve Inskeep<https://www.npr.org/2021/02/28/970877930/why-republicans-are-moving-to-fix-elections-that-werent-broken> for NPR.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Census data snafu upends 2022 elections”<https://electionlawblog.org/?p=121016>
Posted on March 1, 2021 8:16 am<https://electionlawblog.org/?p=121016> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/news/2021/03/01/census-data-elections-471882?nname=playbook&nid=0000014f-1646-d88f-a1cf-5f46b7bd0000&nrid=0000014e-f109-dd93-ad7f-f90d0def0000&nlid=630318>

A six-month delay holding up the data that states use to draw their legislative districts is mangling plans for the 2022 elections, as states discuss postponing primaries and navigating legal deadlines for redistricting that some are now almost certain to miss.

The Census Bureau announced in mid-February that redistricting data — the granular, block-level population counts that are used to draw equal-population political boundaries for state legislatures and the House of Representatives — would be released by Sept. 30 this year, well past the usual delivery date of March 31.

Many states are typically done with redistricting by then, not just starting it, and the delay puts states with early primaries and redistricting deadlines in a difficult position. At least nine states have constitutional or statutory deadlines to redraw their maps, according to the National Conference of State Legislatures, that won’t mesh with such a profound delay in the data delivery. Election officials in some states, such as North Carolina, have recommended moving back early primary dates to make more time for drawing new districts. And both political parties will have to grapple with how to recruit candidates to run for districts that may not exist until just before election season begins.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“How Pro-Trump Forces Pushed a Lie About Antifa at the Capitol Riot”<https://electionlawblog.org/?p=121014>
Posted on March 1, 2021 8:15 am<https://electionlawblog.org/?p=121014> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2021/03/01/us/politics/antifa-conspiracy-capitol-riot.html>

At 1:51 p.m. on Jan. 6, a right-wing radio host named Michael D. Brown wrote on Twitter that rioters had breached the United States Capitol — and immediately speculated about who was really to blame. “Antifa or BLM or other insurgents could be doing it disguised as Trump supporters,” Mr. Brown wrote, using shorthand for Black Lives Matter. “Come on, man, have you never heard of psyops?”

Only 13,000 people follow Mr. Brown on Twitter, but his tweet caught the attention of another conservative pundit: Todd Herman, who was guest-hosting Rush Limbaugh’s national radio program. Minutes later, he repeated<https://www.happyscribe.com/public/the-rush-limbaugh-show/the-rush-limbaugh-show-podcast-jan-06-2021> Mr. Brown’s baseless claim to Mr. Limbaugh’s throngs of listeners: “It’s probably not Trump supporters who would do that. Antifa, BLM, that’s what theydo. Right?”

What happened over the next 12 hours illustrated the speed and the scale of a right-wing disinformation machine primed to seize on a lie that served its political interests and quickly spread it as truth to a receptive audience. The weekslong fiction about a stolen election that President Donald J. Trump pushed to his millions of supporters had set the stage for a new and equally false iteration: that left-wing agitators were responsible for the attack on the Capitol.

In fact, the rioters breaking into the citadel of American democracy that day were acolytes of Mr. Trump, intent on stopping Congress from certifying his electoral defeat. Subsequent arrests and investigations have found no evidence that people who identify with antifa, a loose collective of antifascist activists, were involved in the insurrection.
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Posted in cheap speech<https://electionlawblog.org/?cat=130>


“Keep your eye on Kentucky’s voting plans”<https://electionlawblog.org/?p=121012>
Posted on March 1, 2021 7:26 am<https://electionlawblog.org/?p=121012> by Rick Hasen<https://electionlawblog.org/?author=3>

Josh Douglas CNN oped<https://www.cnn.com/2021/02/26/opinions/kentucky-legislation-expand-voter-access-douglas/index.html>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“In Statehouses, Stolen-Election Myth Fuels a G.O.P. Drive to Rewrite Rules”<https://electionlawblog.org/?p=121010>
Posted on February 28, 2021 8:11 am<https://electionlawblog.org/?p=121010> by Rick Hasen<https://electionlawblog.org/?author=3>

Michael Wines<https://www.nytimes.com/2021/02/27/us/republican-voter-suppression.html> for the NYT:

Led by loyalists who embrace former President Donald J. Trump’s baseless claims of a stolen election, Republicans in state legislatures nationwide are mounting extraordinary efforts to change the rules of voting and representation — and enhance their own political clout.

At the top of those efforts is a slew of bills raising new barriers to casting votes, particularly the mail ballots that Democrats flocked to in the 2020 election. But other measures go well beyond that, including tweaking Electoral College and judicial election rules for the benefit of Republicans<https://www.nytimes.com/2021/02/27/us/politics/donald-trump-cpac.html>; clamping down on citizen-led ballot initiatives; and outlawing private donations that provide resources for administering elections, which were crucial to the smooth November vote.

And although the decennial redrawing of political maps has been pushed to the fall because of delays in delivering 2020 census totals, there are already signs of an aggressive drive to further gerrymander political districts, particularly in states under complete Republican control.

The national Republican Party joined the movement this past week by setting up a Committee on Election Integrity to scrutinize state election laws, echoing similar moves by Republicans in a number of state legislatures.

Republicans have long thought — sometimes quietly, occasionally out loud — that large turnouts, particularly in urban areas, favor Democrats, and that Republicans benefit when fewer people vote. But politicians and scholars alike say that this moment feels like a dangerous plunge into uncharted waters.

The avalanche of legislation also raises fundamental questions about the ability of a minority of voters to exert majority control in American politics, with Republicans winning the popular vote in just one of the last eight presidential elections but filling six of the nine seats on the Supreme Court.

The party’s battle in the past decade to raise barriers to voting, principally among minorities, young people and other Democrat-leaning groups, has been waged under the banner of stopping voter fraud that multiple studies have shown barely exists.

“The typical response by a losing party in a functioning democracy is that they alter their platform to make it more appealing,” Kenneth Mayer, an expert on voting and elections at the University of Wisconsin-Madison, said. “Here the response is to try to keep people from voting. It’s dangerously antidemocratic.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“At conservative conference, Trump’s election falsehoods flourish”<https://electionlawblog.org/?p=121008>
Posted on February 28, 2021 8:08 am<https://electionlawblog.org/?p=121008> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/politics/cpac-trump-election/2021/02/27/669c1ab2-791f-11eb-948d-19472e683521_story.html>

Right Side Broadcasting Network was streaming the Conservative Political Action Conference, and the content was becoming a problem. One of the weekend’s first panels had brought a lawyer for Donald Trump’s 2020 campaign together with other anti-“voter fraud” crusaders, and they suggested that Nevada’s election was stolen for the Democrats.

“We must jump in here and make a small disclosure: We want you to do your own research,” broke in Brian Glenn, a host at the conservative streaming network.

The Republican Party on display at CPAC this weekend was anti-monopoly, anti-free trade, skeptical of foreign wars, girded for economic conflict with China — and frequently invested in things that aren’t true.

Election myths were mentioned often, though rarely the damage they’d led to on Jan. 6, when hordes of Trump supporters fueled by the falsehoods and seeking to block Joe Biden’s election stormed the Capitol.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Democrats launch sweeping bid to overhaul US election laws”<https://electionlawblog.org/?p=121006>
Posted on February 28, 2021 7:59 am<https://electionlawblog.org/?p=121006> by Rick Hasen<https://electionlawblog.org/?author=3>

AP reports.<https://apnews.com/article/donald-trump-stacey-abrams-voting-legislation-voting-rights-3da57127fe8ed4f7b22a6fe02c4a04b3>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Supreme Court to again consider federal protections for minority voters”<https://electionlawblog.org/?p=121004>
Posted on February 28, 2021 7:54 am<https://electionlawblog.org/?p=121004> by Rick Hasen<https://electionlawblog.org/?author=3>

Robert Barnes WaPo preview <https://www.washingtonpost.com/politics/courts_law/supreme-court-voting-rights-act/2021/02/27/11ade0f8-7870-11eb-9537-496158cc5fd9_story.html> of the Brnovich argument.
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Posted in Supreme Court<https://electionlawblog.org/?cat=29>, Voting Rights Act<https://electionlawblog.org/?cat=15>


“How Trump upended the race to control the House through 2030”<https://electionlawblog.org/?p=121002>
Posted on February 27, 2021 7:44 am<https://electionlawblog.org/?p=121002> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/news/2021/02/26/trump-decade-elections-471807?nname=playbook&nid=0000014f-1646-d88f-a1cf-5f46b7bd0000&nrid=0000014e-f109-dd93-ad7f-f90d0def0000&nlid=630318>

Days after the 2020 election, House Democrats convened to address some of the party’s most surprising losses, and Democratic Congressional Campaign Committee Chair Cheri Bustos name-checked one in particular: Rep. Debbie Mucarsel-Powell, a freshman from South Florida.

Party data missed a huge surge to the right in her Miami-based district, where voters backed Hillary Clinton by 16 points in 2016 — and then voted for former President Donald Trump by more than 5 points in 2020, after he rebounded with Cuban Americans and other Latino groups.

Traditionally, state legislators and political mapmakers rely heavily on recent election results for clues about how communities will vote in the future — baselines they use to gerrymander advantageous districts for their party. But the whiplash in Trump-era elections make drawing conclusions from those results more complicated this year. And both parties’ strategists know that if they make bad bets, drawing districts based on elections that were driven more by Trump’s singular personality than by trends that will persist until 2030, those mistakes could swing control of the House against them over the next decade.
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Posted in redistricting<https://electionlawblog.org/?cat=6>


“Citizen Ballot Initiatives: A New Tool for Election Reform”<https://electionlawblog.org/?p=121000>
Posted on February 26, 2021 1:34 pm<https://electionlawblog.org/?p=121000> by Rick Hasen<https://electionlawblog.org/?author=3>

Ash Center event<https://ash.harvard.edu/event/citizen-ballot-initiatives-new-tool-election-reform> March 4.
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Posted in direct democracy<https://electionlawblog.org/?cat=62>


“Reformers say HR 1 will fortify our democracy. Science shows it won’t”<https://electionlawblog.org/?p=120998>
Posted on February 26, 2021 1:32 pm<https://electionlawblog.org/?p=120998> by Rick Hasen<https://electionlawblog.org/?author=3>

David Primo and Jeff Milyo oped<https://www.rollcall.com/2021/02/26/reformers-say-hr-1-will-fortify-our-democracy-science-shows-it-wont/> in Roll Call.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Republican legislators around the country seek to strip governors and officials of emergency election powers”<https://electionlawblog.org/?p=120996>
Posted on February 26, 2021 10:58 am<https://electionlawblog.org/?p=120996> by Rick Hasen<https://electionlawblog.org/?author=3>

Fredreka Schouten and Kelly Mena for CNN<https://www.cnn.com/2021/02/25/politics/republican-legislation-elections-powers/index.html>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“The risks of corporate political spending after the Jan. 6 insurrection”<https://electionlawblog.org/?p=120994>
Posted on February 26, 2021 10:55 am<https://electionlawblog.org/?p=120994> by Rick Hasen<https://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy oped<https://www.tampabay.com/opinion/2021/02/26/the-risks-of-corporate-political-spending-after-the-jan-6-insurrection-column/>.
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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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