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Monday, August 29, 2016

http://www.newyorker.com/humor/borowitz-report/pence-recaptured-after-fleeing-trump-campaign-bus?intcid=mod-most-popular

Saturday, August 27, 2016

Clinton lead falls to within margin or error.
In a separate Reuters/Ipsos poll that includes candidates from small, alternative parties, Clinton leads the field by a smaller margin. Some 39 percent of likely voters supported Clinton in the four-way poll, compared with 36 percent for Trump, 7 percent for Libertarian candidate Gary Johnson and 3 percent for Green Party nominee Jill Stein.
Both polls were conducted online in English in all 50 states. They included 1,154 likely voters and have a credibility interval of 3 percentage points.

http://nypost.com/2016/06/12/the-clinton-university-scandal/
state department gives 55 million to parent company of walden university, an online diploma mill.
company gives clinton foundation and bill clinton 17 million.




Friday, August 26, 2016

http://www.vox.com/2016/8/25/12615340/hillary-clinton-foundation

4 experts make the case that the Clinton  Foundation’s fundraising was troubling
“The idea that you have foreign governments ... heavily involved in financing an institution that’s this tied to the secretary of state’s family — well, that appears to be something new.
”  Was it just access? or did the hostile governments get a quid pro quo?

We don't yet have a smoking gun or blue dress. But the Clintons are infamous not just for their high crimes, but a pattern of cover-ups and dog-wagging.
The Clinton Foundation is closely tied to Bill, a former president and governor, Hill, a former senator and secstate and heir apparent to the presidency. Further they (more so Bill) have a reputation as being on the take and on the make. "Foreign" comes from rule by foes. I seem to recall a little scandal when Billy Carter was on the payroll of a middle eastern country, although he didn't really do much of anything in that capacity. 
Hillary has some history of taking money from shady sources in Arkansas. The foundation finance situation greatly eclipses that. 
If a blue dress type bit of evidence shows up, proving a quid pro quo and that Hillary has been acting as an unregistered foreign agent, that gets into the area of impeachable offenses, except that historically you can't get impeached for the money you steal to get elected, only the bribes you take after election. Not sure why that would be the case, actually.
Is Hillary a Machurian candidate? I wonder if Drudge has anything on this.

http://www.dailymail.co.uk/news/article-3758922/Bill-Clinton-bombed-Iraq-distract-Monica-scandal-Huma-Abedin-s-Muslim-journal-claimed-boss-s-husband.html
lead story at drudge is about dog-wagging, but has little substance.
http://www.weeklystandard.com/aiding-and-abedin/article/2004014 clever headline




Thursday, August 25, 2016

 I found out why I've been having so much trouble finding the text of the ruling in the oklahoma voter ID case. There wasn't any written ruling, just oral from the bench at trial.
I just read each side's trial brief. The focus of the case is on the free and equal elections clause of the state constitution, which is what the plaintiffs in Missouri won with back in 2005. I find this interesting stuff. I probably won't get around to writing an amicus in support of plaintiffs.

http://www.gosanangelo.com/opinion/court-closer-to-making-it-easier-for-dead-to-vote-38f73df3-e7b1-37fe-e053-0100007ff9d6-391209841.html

this letter had me going for a while, but it ended up raising good points.

Wednesday, August 24, 2016

I had missed this earlier in the month:
In the old days, Kansas City Missouri had a two party system, the rabbits and the goats. Truman was a goat; the rabbits ran downtown. Both were factions of the democratic party. Kansas has something similar. There is a democratic party in Kansas, but most elections turn on conflicts between the moderate and conservative republicans. This election cycle saw a victory for the moderate action, kicking out a congressperson, the state senate majority leader, and 10 other legislators. I', not sure Trump was a factor; this was a local thing. My uncle Ed is now over 90 and in a nursing home, but he's been part of the moderate faction for years. Not to be confused with my uncle Charlie who narrowly lost a GOP congressional primary in Denver a few years back.

Huelskamp is one of only a handful of House members to be ousted in this year's primary season.
Rep. Renee Ellmers fell to fellow North Carolina GOP Rep. George Holding, and Virginia Republican Rep. Randy Forbes also lost, victims of court-ordered, redrawn district lines. Rep. Chaka Fattah, D-Pa., was defeated in April after indictment on federal corruption charges. He was later convicted and quit Congress.
Marshall's supporters argued Huelskamp's combativeness harmed the district. Huelskamp lost his seat on the House Agriculture Committee in 2012; farm groups turned against him, and many Republican voters saw it as a crucial issue in a farm state.
Marshall credited his win as "all about agriculture" in the state. He said he is a Kansas conservative who works across the aisle, adding he is not sure the Freedom Caucus would have him.
Huelskamp blamed his loss on $3 million of super PAC money coming to support his opponent.
https://www.apnews.com/2672bddfba71409caf2a7e171f074cfb

Backlash in Kansas ousts at least 11 conservative lawmakers

https://apnews.com/c5c2cbe07eb4422c8f35896a92f8986a



Tuesday, August 23, 2016

http://www.vanityfair.com/news/2016/08/the-truth-behind-trumps-rigged-election-paranoia

Discusses Andrew Jackson v John Quincy Adams, Tilden v Hays, Kennedy v Nixon, Bush v Gore.

http://www.courierpress.com/story/opinion/columnists/2016/08/22/cal-thomas-id-not-id/89110460/

runs a county office in CO for trump.


Monday, August 22, 2016

Qui custodiet ipsos custodes?

Rick Hasen is suspicious of Trump's election observer volunteers.
OK, how do I sign up to be one of those? I have my own reasons for wanting some poll watcher credentials.

7th circuit denies stay in Wisconsin voter ID case in One Wisconsin, the 2d of two WI voter ID cases decided recently. So while Frank v Walker remains stayed for now, the One Wisconsin relief is in place. I would count this as a win for the anti-voter ID faction. I will need to refresh my recollection of the differences between the two. Frank put in an affidavit option; that's been stayed. The stay is on appeal to the 7th circuit en banc, where it might be lifted, 5-4, or if not the Supreme Court might weigh in before the election, but that could go either way; there might be only 4 votes, not enough to lift a stay. Procedurally complex. The panel that denied the stay today is the same one that granted the stay in Frank.

 One lesson that might be taken from this is that multiple cases are useful; it can be a mistake to put all one's hopes on just one case. I'm going to see if the ILB has anything on this.

Nothing on the Wisconsin case, but it does have a nice photo by Judge Posner of a giant inflatable rat.


 This is unusual, for a judge to include a photo he took himself that is not part of the record. It relates to an ongoing issue Posner has with supplementing the record from a judge's own research.
My next step will be to see if Howard Bashman is covering this. He and I have corresponded about giant inflatable rats before.

Not the rodent I was looking for.
OK, here's his rat case coverage.


Gallup: More Minorities Support Voter I.D. Laws Than Whites

So my question is, what was the exact question asked?

http://www.gallup.com/poll/194741/four-five-americans-support-voter-laws-early-voting.aspx

Americans' Support for Election Law Policies
In general, do you favor or oppose each of the following election law policies?

Requiring all voters to provide photo identification at their voting
place in order to vote 

Favor: 80%
Oppose: 19%


OK, that seems clear enough.

Photo ID requirement

%
Whites
81
Nonwhites
77

Is the election rigged?

When over 84 percent of U.S. House races are foregone conclusions before voting even begins, and 95 percent of incumbents are reelected, largely due to rigged districts, it is time to take action. 


  Some people think we don't always have free and open elections in this country. They'll be recruiting poll watchers, and squads of hundreds of attorneys and press agents to challenge and spin the outcome this fall, whatever that outcome is, especially if some of their team loses.


After Bush v Gore, whole new cadres of election lawyers have been trained and put in place, ready for such a scenario. Back when I went to law school, we didn't even have a course in election law.
Now there are at least dozens of them in top law schools around the country. Election litigation has grown in pace with a more general litigation explosion in this country. This election will be fought on several fronts. First of course there's the matter of who gets more votes. But Al Gore was only the most recent example of a candidate winning the popular vote and still losing; that's happened several times before. Then comes the commencing of litigation, and the media war for the hearts and minds of the people. It's unlikely any one candidate gets a clear majority; this could be a replay of 1992 when Clinton got into the White house with 38%. 

  The next round takes place at the electoral college. In 2000, I was standing outside a precinct in  Indianapolis, monitoring electioneering violations, when I got into a conversation with a Gore volunteer. He said "It's all going to come down to Florida", and it did. Current polling suggests Clinton has a large lead in the electoral college. I think that will tighten, but hold.


  A highly unlikely but possible scenario is that the election is then thrown into the house, triggering the elusive 12th Amendment playout. There's not much case law on that. Would the public understand what was going on? Or would growing numbers agree that the system is rigged,and something's wrong? I expect that during the next year the word "Rubicon" will trend on Google in a way that it hasn't since 2000.


   Regardless of who wins or loses, the credibility of the system will be called into question, and some people will want small changes, in order to avoid big changes. 


  "Replace the gridlocked FEC with a five-member agency possessing increased investigative and enforcement powers" is the kind of small change I'm talking about. 


  We'll hear a lot about public financing, and others suggesting more disclosure as a "compromise alternative." The reform crowd could get a unique opportunity to push their agendas. FECA and BCRA could be swept away and replaced with something new. More speculatively, I could see either a President Clinton or Trump supporting a constitutional convention to make changes to undo Citizens United and Buckley v Valeo with something they like better. Such a convention would then do what it wants, and not be limited to whatever it was called for. 


 The more people hear that the election is rigged, the more it will possible for some to undo checks and balances that have helped hold the republic together for 200 years which have included a number of different kinds of electoral crises. These will be interesting times for election lawyers.


  By the way, the quote I started off with about congressional elections being rigged isn't from Donald Trump, it's Larry Lessig.


Friday, August 19, 2016

edit: never mind this is not the link to the oklahoma decision,
https://www.sos.ok.gov/documents/questions/746.pdf

Thursday, August 18, 2016

oklahoma voter ID upheld
filed in 2011, the state supreme court found she had standing and remanded.
i am looking for the decision, not finding it.
https://www.documentcloud.org/documents/3022186-Voter-ID-Plaintiff-s-Trial-Brief.html
https://www.documentcloud.org/documents/3022187-Voter-ID-Defendant-s-Trial-Brief.html
Gentjes v Election board, judge Timmons
http://oklahomawatch.org/2016/08/16/judge-dismisses-challenge-to-states-voter-id-law/
http://law.justia.com/cases/oklahoma/supreme-court/2014/111290.html 2014 ok supreme court decision

Wednesday, August 17, 2016

https://www.texastribune.org/2016/08/17/analysis-state-might-allow-those-political-ads-fed/

http://www.stltoday.com/news/local/crime-and-courts/unsuccessful-candidate-for-missouri-state-rep-and-his-supporters-seek/article_7739c692-0a71-5b72-84f0-912164bd9579.html

http://www.star-telegram.com/opinion/editorials/article96050167.html

Voter ID appeal: another Paxton waste of time

http://electionlawblog.org/?p=85430
Hasen used this link I sent him.
http://www.wbtv.com/story/32765848/exclusive-democratic-vp-candidate-tim-kaine-discusses-voter-id-jobs-plan (opens video.)

Monday, August 15, 2016

Johnson a step closer to being on the ballot in Ohio. Not sure if this gives him 50. And petition signatures are still being verified.
http://www.cleveland.com/open/index.ssf/2016/08/libertarians_can_swap_in_gary.html

This link got picked up by http://electionlawblog.org/?p=85363.

Johnson raised $1.5 million yesterday, much of it in $15 contributions. $2.7M so far this month.
That's small change for hillary, but that's a typical year budget for the Libertarians.
http://www.washingtontimes.com/news/2016/aug/16/gary-johnson-surpasses-27-million-online-donations/

I doubt very much that I will get around to doing even a first draft of an amicus to the 7th circuit in the current round of Frank v Walker, where plaintiffs have moved to have the court en banc reconsider the stay of the affidavit type relief from voter ID.

But if I were to outline something like that, .. here goes a bit of thinking out loud so to type.

The full court en banc should reconsider the panel's decision to stay the relief ordered by the district court. The case is of great importance. Twice before, the circuit en banc has split 5-5 in voter ID cases, first Crawford then Frank. Both times the Supreme Court took action. In Crawford, the Court split 3-3-3. In Frank I, the Court granted a stay for the 2014 general election.
Fair elections, and public perception of fair elections, are at stake.
The public should not be left with the feeling that the case was determined by the luck of the draw off the panel selection.

The court en banc has several options before it.

A. It could of course uphold the panel decision.
B. It could modify the relief, with perhaps a more narrow population having access to the affidavit option.
C. It could reinstate the relief granted below. Extrapolating from past voting patterns, there are likely to be 5 votes for this option.
D. It could use the opportunity to entirely temporarily enjoin the  voter ID program, effectively reversing Frank I.







N Carolina has finally submitted its motion for a stay to Justice Roberts in the voter ID/voting procedures case. Roberts will probably, but not certainly, refer this to the whole court, where most likely there will be at 4 votes to deny the stay.

Dead woman wins voting rights case in Texas. Shades of McIntyre.
http://patch.com/texas/downtownaustin/judges-issue-three-strikes-against-texas-restrictive-voting-requirements
Sadly, Das passed away before the case was resolved. Given her death, state attorneys sought to have the case dismissed, the Statesman reported, but the judge requested the motion. Moreover, the state was ordered to pay the organization's legal fees and court costs, the Statesman reported.

Sunday, August 14, 2016

https://www.youtube.com/watch?v=D3JX4m4nJKw
penn gilette on the election. 45 minutes, covers many topics, but has a lot on trump.


http://www.sheboyganpress.com/story/opinion/2016/08/13/lemahieu-voter-id-ruling-judicial-overreach/88642160/

note to self: draft response. here are some notes toward that.

1  Wisconsin’s voter ID law was passed in 2011. Yet voters have had to show their IDs at the polls only three times since its enactment. Why? 
2  "activist judges"
3  Wisconsin has a proud history of open elections
4  It is important that our elections system remains accessible to all eligible voters. true dat.
5   Adelman’s and Peterson’s rulings fly in the face of the US Supreme Court’s previous decisions on voter ID.
6   Voter ID is equally as important because it ensures the validity of each vote
7  In fact a vast majority of states, 34, have a voter ID law in place 
8  and the US Supreme Court has confirmed its legality
9  Just last year, the SCOTUS refused to hear a challenge to Wisconsin’s specific voter ID law- maintaining it was constitutional.
10   As Chairman of the Senate Elections Committee, I will continue to work to ensure Wisconsin’s elections remain fair and secure.
1  why? because at least 4 courts have found serious constitutional problems with the scheme.
2  "activist judges"
3  Wisconsin has a proud history of open elections
4  It is important that our elections system remains accessible to all eligible voters. true dat.
5   Adelman’s and Peterson’s rulings fly in the face of the US Supreme Court’s previous decisions on voter ID.
6   Voter ID is equally as important because it ensures the validity of each vote
7  In fact a vast majority of states, 34, have a voter ID law in place 
8  and the US Supreme Court has confirmed its legality
9  Just last year, the SCOTUS refused to hear a challenge to Wisconsin’s specific voter ID law- maintaining it was constitutional.
10   As Chairman of the Senate Elections Committee, I will continue to work to ensure Wisconsin’s elections remain fair and secure.




Saturday, August 13, 2016

Rex Bell, L candidate for governor of Indiana, is at 6% in Gregg's internal polling. Sounds about right.

Hasen, http://electionlawblog.org/?p=85292, thinks Trump may be violating a consent agreement the RNC signed back in the day.

I think Trump's comments can and should reasonably been seen as a call for poll watchers, just like Obama had, and like Clinton had.
When I was denied the vote in 2008, I was able to go to the Obama campaign poll watcher and fill out an affidavit documenting what had happened. Unfortunately never saw it again; it would have helped counter the perjured testimony by the poll worker that I wasn't there long enough for her to offer me a provisional ballot.

Update: Trump campaign has responded, saying pretty much what I said above.
http://electionlawblog.org/?p=85294

Friday, August 12, 2016

wapo:
"Polls also look good for the Democrats to retake the Senate, especially because former Indiana senator Evan Bayh decided to run for his old seat."
Indiana 9th house seat in play?
http://www.centerforpolitics.org/crystalball/articles/house-update-handful-of-races-move-toward-democrats/
Trump should win IN-9, an open seat in south-central Indiana that Romney carried 57%-41% in 2012. But the region has a history, albeit a fading one, of supporting Democrats, and the Democrats’ gubernatorial and Senate candidates (John Gregg and Evan Bayh) should be more competitive in this district than Clinton. That could help 2012 nominee Shelli Yoder (D) against wealthy businessman Trey Hollingsworth (R), who parachuted into Indiana from Tennessee in the hopes of getting a House seat.
Still leans R. http://www.centerforpolitics.org/crystalball/


https://www.propublica.org/article/2016-election-lawsuit-tracker-new-election-laws-suits-challenging-them
good roundup of new statutes and current litigation.

Stricter voter ID laws don't prevent election rigging; they are instead an attempt at election rigging. Trump is a nominal Republican, so it is not a surprise that he favors laws that he believes will rig the election his way.
http://reason.com/archives/2016/08/12/voter-id-and-rigged-elections

This is the first time I have seen a Libertarian publication come out against voter ID.

The story cites an interesting paper about how voter ID causes anger among Democrats, who then turn out in greater numbers, offsetting the number of votes lost by voter ID.

http://www.mcall.com/opinion/white/blog/mc-voter-id-legends-20160810-story.html
NO ONE has provided documentation of a problem with voters identification fraud. NO ONE. It's the jackalope of American politics.





Thursday, August 11, 2016

North Dakota becomes 4th state with a medical marijuana initiative on the ballot,
plus  5 states have legalization proposals.
http://thejointblog.com/initiative-legalize-medical-cannabis-officially-place-november-ballot-north-dakota/

In exactly 100 days voters in Nevada, Maine, Massachusetts, California and Arizona will have the opportunity to legalize for everyone 21+, while those in Arkansas, Florida and Missouri will have the chance to legalize cannabis for medical use!


Wednesday, August 10, 2016

in frank v walker, the 7th circuit has now reversed the district court for the 3rd time. I don't know what the record is. the 7th circuit stayed the injunction which would have allowed voting by affidavit.

http://www.news-sentinel.com/opinion/Editorial--Voter-ID-law-stands-the-test-of-time

Tuesday, August 09, 2016

http://www.cleveland.com/open/index.ssf/2016/08/ohio_libertarians_push_surpris.html

This blog endorses Charlie Earl for president, if you live in Ohio.

http://www.wral.com/-morgan-maintains-he-s-impartial-in-voter-id-case/15915518/
Morgan ruled Tuesday that the state court trial should be put on hold unless the U.S. Supreme Court upsets lower court rulings and reinstates voter ID. 
http://www.wral.com/state-court-puts-voter-id-trial-on-hold-in-light-of-federal-rulings/15915121/


Trump has been spreading rumours designed to blame his loss on voter fraud, like Nixon in 60.
To what end? Probably not violent insurrection. Probably not a comeback tour like Nixon in 68.
One possible outcome is a legal contest to the election. The courts like to decide in ways that mirror the hearts and minds of the people, so waging a PR war could be part of a legal strategy.
Another is that Clinton could win, and then Trump could fund an impeachment inquiry. Like her husband, Clinton could stick out an impeachment, knowing the Senate is unlikely to convict.
https://www.washingtonpost.com/news/the-fix/wp/2015/10/21/a-gop-congressman-wants-to-pre-impeach-hillary-clinton-he-should-do-some-research-first/
Schuyler Colfax watchers take note.
Grounds for impeachment: Treason, Bribery, or other high Crimes and Misdemeanors.
Treason could be whatever a house committee wanted to say it is. Bribery could relate to those foreign government donations to the Clinton Foundation, Clinton Library, Clinton Slush Fund, etc.
High crimes again means whatever the house says it means.
Pre-impeachment is the buzzword being tossed around.
https://thinkprogress.org/impeach-hillary-clinton-immediately-if-shes-elected-north-carolina-republicans-say-31a471a43642#.gwh3cn771
Two-thirds of North Carolina Republican voters would support immediately impeaching Hillary Clinton if she’s elected president, according to a poll released Tuesday.




http://www.cbsnews.com/news/despite-recent-rulings-voter-id-laws-could-still-scramble-calculus-in-november/

Trump told TIME in a phone interview. “I want to debate very badly."

Monday, August 08, 2016

https://www.youtube.com/watch?v=2E2Whkw6wJw

http://www.freep.com/story/opinion/columnists/stephen-henderson/2016/08/06/voter-id-jim-crow/88279764/

http://dailysignal.com/2016/08/07/after-voter-id-defeats-lessons-from-indianas-law-that-has-stood-test-of-time/
well written article on indiana's voter ID. mostly focuses on the GOP arguments.
Says over 4000 provisional votes went uncounted. Pitts says 90% of ID-related provisional ballots aren't counted.
josh.siegel at dailysignal.com.


Sunday, August 07, 2016

{¶ 36} "A statute which, in the claimed interest of free and honest elections, curtails the very freedoms that make possible exercise of the franchise by an informed and thinking electorate, and does this by * * * serving as a prior restraint upon expression not in fact forbidden as well as upon what is, cannot be squared with the First Amendment." United States v. Congress of Indus. Orgs., 335 U.S. 106, 155 (1948) (Rutledge J., concurring), quoted in Commonwealth v. Lucas, 472 Mass. 387, 402 (2015). 
This is from an ohio case upholding free speech in campaign fliers, but could apply as well to voter ID.

Friday, August 05, 2016

http://www.grandforksherald.com/opinion/op-ed-columns/4087975-robbin-stewart-letter-voter-id-statute-factually-wrong

north dakota paper prints my editorial responding to rokita.
they changed rokita's "column" to "letter" and took out the links to opinions and briefs, but it's otherwise what i wrote.

http://electionlawblog.org/?p=85106

Thursday, August 04, 2016

http://www.rnla.org/bio/FindALawyer.asp?Alpha=&State=IN

a list of republican lawyers in indiana. could be useful.

https://iclef.inreachce.com/Details?groupId=9681a22f-2936-4e80-b1ff-37bb009868e2
indiana election cle 8/24

Wednesday, August 03, 2016

primary returns for 5 states are coming in. in kansas, a tea party congressman was beaten by a moderate, same thing in 5 state legislative seats.
http://www.wsj.com/articles/conservative-lawmakers-ousted-in-kansas-election-1470226094

missouri results:
jay ashcroft for secstate (R), russ carnahan for lt gov. (d).


http://www.wsj.com/articles/voter-id-and-the-real-threat-to-democracy-1470091513

Hans van Spakovsky, the real threat to democracy.

Tuesday, August 02, 2016

Wisconsin's application for a stay to the 7th circuit makes some good points, in between the bombast and posturing. Perhaps we will see a Frank III reversing the district court for a third time. I can't say for sure how this will shake out.
https://www.doj.state.wi.us/news-releases/ag-schimel-files-emergency-motion-seeking-stay-voter-id-case

 I have now read today's opinion enjoining North Dakota's voter ID rules.

It is a devastating critique of the state's position. Plaintiffs had their ducks in a  row, showing that Native Americans on the rez were less likely to have ID's, cars, computers, underlying documents, know about the ID rules or know where the BMV offices were.

The court was concerned that you had to have ID to get ID, and to get ID you had to have a birth certificate, $7, and to get that you had to have ID. Next, he was concerned about the lack of an affidavit option, provisional ballots, or some kind of fail-safe system to prevent poll workers who knew the voters from having to turn them away for not having the right ID.

He used the Anderson test from Crawford, and mentioned Norman v Reed, and distinguished the controlling Stevens opinion in Crawford, requiring a fact based inquiry, from the Scalia concurrence that the state tried to rely on. Since plaintiffs had a strong likelihood of success on the merits for the 14th Amendment equal protection claim, he did not reach the state constitutional claim or the VRA claim.

He found that the state's interests would not be harmed by using a system they've been using for years, and found that the state didn't refute any of plaintiffs' evidence or present much relevant evidence of their own. Although this is only a preliminary injunction, it's clear where he stands on the merits. Relief was not limited to the Native American plaintiff class; everybody will get to use the affidavit option as had previously been used.

This case carries no precedential weight outside North Dakota, and the facts are unique, so it's not much direct help to say an Indiana plaintiff. But there are some killer quotes, and it's part of a strong trend. Due to Purcell reasons, there is a very narrow window before the 2016 elections. It is probably too late, for this cycle, for someone to start a case now and expect to get relief before November. But if there are any cases in the pipeline anywhere this would be a good week to bring a motion for a temporary injunction. The tide is high. Next up I plan to read the most recent Wisconsin decision, which so far I have only skimmed.

Monday, August 01, 2016

In 2005, the Indianapolis Star began a campaign to push for voter ID. The Indiana legislature tends to do what the Star wants, and passed a bill, which has been at work for 10 years now.
In the past month, there have been 5 decisions in 4 states finding that voter ID, as enacted, is unlawful. The decisions range from requiring alternatives, such as an affidavit, to blocking the programs completely. Texas, Wisconsin, North Carolina, Wisconsin again, and today North Dakota have found serious problems with voter ID, as violating the Voting Rights Act, the 14th Amendment, the 15th Amendment,and the North Dakota Constitution.

So I looked to see how the Star as covering these cases. Unless I missed something in my searching, there's been no mention at all.


http://www.grandforksherald.com/news/politics/4085690-federal-judge-blocks-nd-voter-id-law-requires-state-use-2012-requirements

N.D. makes 5 states in the past month. No, that's 5 court decisions, 4 states.

I was pleased to see plaintiffs have relied in part on the N D constitution's equal protection clause, as well as 14th A equal protection and section 2 of the VRA.
http://electionlawblog.org/wp-content/uploads/north-dakota-position.pdf

I noticed today that the most recent Wisconsin court decision on voter ID not only decided on 14th amendment grounds, but also the 15th amendment. This might be the first time a court has ruled for plaintiffs on 15th Amendment grounds. In Stewart v Marion County, Judge McKinney scoffed at my 15th Amendment claim. I'm white. I think though, that a white person whose vote is diluted by the racially motivated interference with fundamental voting rights does have standing to assert the claim.
The wisconsin case did not establish that for certain, but finding a 15th Amendment violation in a statute that is a lot like Indiana's is some validation for where I was going. I'll look forward to what the 7th circuit does with this case.

 I've been asked by the Grand Forks Herald to do a letter to the editor responding to Todd Rokita's column on voter ID. So in this space I'm going to scratch out a notes toward a draft of such a letter,
while I do my laundry here at an airbnb in Fargo. update, the paper plans to run it.

FARGO 8/1/16
A recent editorial in this paper by Indiana congressman Todd Rokita contains a few factual errors and speculative claims that I take issue with, as one of the former Indiana voters who has had his vote stolen by Rokita's unconstitutional voter ID statute.

In the old days, political machines would send goons to steal ballot boxes from neighborhoods suspected of supporting the wrong party. These days, this is streamlined. People unable or unwilling to show a voting license from the BMV risk having their ballots stolen and thrown away, or just being told they aren't allowed to vote. Thousands of provisional votes have gone uncounted. An unknown but large number of people have been turned away from the polls. Tens of thousands have been discouraged from even bothering to try to vote, since doing so is now pointless. He says that no one has been kept from voting by voter ID, but he knows that's not true.

Rokita knows this if he's read the briefs in the voter ID cases that have his name on them.
Voter ID makes it harder for the poor to vote, intentionally diluting the vote of Democrats. This month 4 courts, in Texas, North Carolina,and Wisconsin, have found that that kind of thing is illegal. I believe that eventually an Indiana court will agree.

 One of the better known examples is a group of elderly nuns who were sent away without being able to vote because they didn't have IDs. [link](http://www.mcclatchydc.com/news/politics-government/article24482848.html) My former roommate, Joell Palmer, won a case at the Supreme Court when he refused to allow himself to be searched at a drug roadblock. For the same reasons, he won't allow a search of his papers and effects without a warrant or probable cause at the polls, and he and I joined an amicus brief to the Supreme Court making this point.
[link to Privacy Project amicus brief.] (https://www.brennancenter.org/sites/default/files/legal-work/fa3a4f2682405f5e42_jbm6bhn9i.pdf)

 Under Eisenhower, the GOP supported what became the 24th Amendment, because southern veterans were being discouraged from voting by poll taxes and phony paperwork obstacles.
The Supreme Court has not yet ruled on whether voter ID violates the 24th Amendment, although Justice Ginsberg thought so, in her dissent when the court declined to take the Texas case. (https://www.supremecourt.gov/opinions/14pdf/14a393_08m1.pdf)

In North Dakota, voter ID, if it were fairly and properly run, has an anti-fraud function, because here you don't have voter registration, but in the other states voters have already proved their identity and citizenship when they register, and voter ID is just the kind of pointless red tape that we Republicans used to blame the liberals  for. When I ran for the Indiana legislature as a Republican in 2010, I was not able to vote for myself, because I won't show ID, since I know this is unconstitutional. In 2016, I was able to get video of myself being refused even a provisional ballot, and that's on youtube now. [link](https://www.youtube.com/playlist?list=PLNesRy31jXibfw1-cZ_w6ziFbyfxZkKrO)
Indiana doesn't even follow its own rules when it comes to handling voter ID.

  Rokita says the Supreme Court already decided the issue back in 2008. Actually, the court split 3 to 3 to 3, with the controlling opinion holding only that the plaintiffs didn't yet have enough evidence,and should come back later with some proof. Over the past ten years, that proof has come in in droves, and judges like Posner and now-retired Justice Stevens have come to accept that voter ID has failed to make elections any cleaner or more secure.

  But politicians like Todd Rokita, Greg Abbott, and Scott Walker are clinging to this failed experiment in Jim Crow skullduggery.  Doing so paints their party as bigoted and stuck in the past, turning off moderate reasonable voters. As a Republican, I know the party is better than that.
There are many ways that actual voter fraud can be fought and beat. Voter ID is not one of those.
I knew Todd Rokita back when he was a lawyer in the Indiana Secretary of State's office. He knows even more than I do about how elections work and what real world best practices could make elections more clean and safe. With great power comes great responsibility - Kimble v Marvel.
Let's pray for Todd and his party to be moved to use their power more responsibly, and replace voter ID with something that works, while respecting our right to vote.


Friday, July 29, 2016

Now a 4th voter ID victory in the past two weeks, this one from a different case in Wisconsin.

Last night, my friend William Barber II addressed the democratic convention in Philadelphia.
https://www.washingtonpost.com/news/the-fix/wp/2016/07/28/the-rev-william-barber-dropped-the-mic/
Today, a lawsuit he has been the prime mover of, won in the 4th circuit, striking down North Carolina's voter ID and other restrictions on voting in North Carolina.
http://www.nytimes.com/2016/07/30/us/federal-appeals-court-strikes-down-north-carolina-voter-id-provision.html
http://www.politico.com/story/2016/07/court-strikes-down-north-carolina-voter-id-law-226438
 It could still go to the Supreme Court,
but that's less likely now for tactical reasons - the Supreme Court would probably uphold the decision with at least 4 votes, so the state has little reason to appeal, except to the full 4th circuit en banc, which could certainly happen. Stay tuned.
update: state says it will appeal to Supreme Court. Hasen think they will deny cert or a stay, or split 4-4 at best.
I'll be likely to update this post with a statement from Rev. Barber at some point.
Here's a bit from his speech last night.

http://www.newsobserver.com/news/politics-government/state-politics/article92502997.html


“Through widespread actions, rallies, marches and protests, we have said all along that we would accept no less than unabridged access to the ballot for all eligible voters,” said the Rev. William J. Barber II, the president of the North Carolina N.A.A.C.P., commenting on the lower court opinion in April. 







Today's strong voter ID victory in North Carolina is the third in a couple of weeks, following Wisconsin and Texas. I do not know if this will make it any easier to find counsel in Indiana,
either in my case or some other. Crawford encouraged Indiana plaintiffs to come back with as-applied challenges backed by evidence. So far that hasn't adequately happened.

Thursday, July 28, 2016

https://raw.githubusercontent.com/zonination/election-history/master/Election-Region.png
chart of which party each state voted for, from washington to obama.

http://www.governing.com/topics/elections/gov-elections-administration-minnesota-university.html
Online 12 credit cert in election administration from Minnesota.
Not sure how much it costs

I'm in North Dakota today.
No sooner had I gotten Hasen's electionlawblog to run this story:
http://electionlawblog.org/?p=84661

“OUR OPINION: Lawmakers should loosen North Dakota’s Voter ID law”

then I click on a link by/about Todd Rokita 
http://www.grandforksherald.com/opinion/op-ed-columns/4082951-todd-rokita-look-back-decade-voter-id
and it's also in North Dakota. So that was unusual, 100th monkey syndrome or Bader-Meinhoff syndrome if you prefer.
Rokita is wrong of course when he says no Indiana voter has been kept from voting.
After being used in over a dozen major elections since May 2006, there has not been one documented case of a legally eligible voter in Indiana who could not cast a ballot if they wanted to vote. Not one.
One of the earliest and most famous example was those nuns in Terre Haute. http://www.mcclatchydc.com/news/politics-government/article24482848.html
There's also the thousands of people whose provisional voters weren't counted. And there was my experience at the primary this year.
https://www.youtube.com/playlist?list=PLNesRy31jXibfw1-cZ_w6ziFbyfxZkKrO
This wasn't the first time this has happened to me, it's just the first time I got it on video.

update 7/28. Todd Rokita is no longer seeking the gop nomination for governor. The committee picked the Lt. Governor instead. I'd missed that earlier, because I was driving to North Dakota.

Currently Todd Rokita wants to give up his safe seat in Congress to run for Mike Pence's spot as Indiana's governor. I know Todd and he's likeable and, except on this one issue, has been a dedicated and skilled public servant. But I'm willing to be a one-issue voter. The Indiana constitution promises
free and equal elections. As Secretary of State, Rokita worked to undermine rather than support Indiana elections. When voter ID is used a poll tax to keep the poor and paperwork-challenged from voting, the harms the integrity of the election process and violates his oath of office.
 In the above editorial, he's telling a story he knows is false.
He probably hasn't seen my recent videos, but I'm sure he's read my amicus brief to the Supreme Court in the case with his name on it, which identifies me as one of the people who has had their vote taken away.
https://www.brennancenter.org/sites/default/files/legal-work/fa3a4f2682405f5e42_jbm6bhn9i.pdf
 I'm not sure why he's pitching this in Grand Forks North Dakota. But I'm the guy he's telling a false story about, so I wanted to set the record straight.


I'm in North Dakota today.
No sooner had I gotten Hasen's electionlawblog to run this story,
http://electionlawblog.org/?p=84661
“OUR OPINION: Lawmakers should loosen North Dakota’s Voter ID law”
then I click on a link by/about todd rokita 
http://www.grandforksherald.com/opinion/op-ed-columns/4082951-todd-rokita-look-back-decade-voter-id
and it's also in North Dakota. So that was unusual, 100th monkey syndrome or Bader-Meinhoff syndrome if you prefer.
Rokita is wrong of course when he says no Indiana voter has been kept from voting.
After being used in over a dozen major elections since May 2006, there has not been one documented case of a legally eligible voter in Indiana who could not cast a ballot if they wanted to vote. Not one.
One of the earliest and most famous example was those nuns in Terre Haute. http://www.mcclatchydc.com/news/politics-government/article24482848.html
There's also the thousands of people whose provisional voters weren't counted. And there was my experience at the primary this year.
https://www.youtube.com/playlist?list=PLNesRy31jXibfw1-cZ_w6ziFbyfxZkKrO
This wasn't the first time this has happened to me, it's just the first time I got it on video.

Currently Todd Rokita wants to give up his safe seat in Congress to run for Mike Pence's spot as Indiana's governor. I know Todd and he's likeable and, except on this one issue, has been a dedicated and skilled public servant. But I'm willing to be a one-issue voter. The Indiana constitution promises
free and equal elections. As Secretary of State, Rokita worked to undermine rather than support Indiana elections. When voter ID is used a poll tax to keep the poor and or paperwork-challenged from voting, this harms the integrity of the election process and violates his oath of office.
 In the above editorial, he's telling a story he knows is false.
He probably hasn't seen my recent videos, but I'm sure he's read my amicus brief to the Supreme Court in the case with his name on it, which identifies me as one of the people who has had their vote taken away.
https://www.brennancenter.org/sites/default/files/legal-work/fa3a4f2682405f5e42_jbm6bhn9i.pdf
 I'm not sure why he's pitching this in Grand Forks North Dakota. But I'm the guy he's telling a false story about, so I wanted to set the record straight.


Monday, July 25, 2016

Allegedly there's Russian government involvement in the wikileaks publication of hacked Democratic National Committee emails. Here's a selection of those emails, as curated by some Trump supporters.
DNC member killing horses for insurance money. https://wikileaks.org/dnc-emails/emailid/578 DNC making fun of black woman's name. https://wikileaks.org/dnc-emails/emailid/17942DNC telling each other, "I love you too. no homo." https://wikileaks.org/dnc-emails/emailid/425 DNC requesting a pull an MSNBC commentary segment. https://wikileaks.org/dnc-emails/emailid/6107 DNC controlling the narrative with time released stories. https://wikileaks.org/dnc-emails/emailid/12450 DNC conspiring to create false Trump information and release with Reuters. https://wikileaks.org/dnc-emails/emailid/7102 DNC Hillary supporters infiltrated Sanders campaign. https://wikileaks.org/dnc-emails/emailid/4776 DNC members going to complain to Morning Joe producers about his mentioning of a "rigged system." https://wikileaks.org/dnc-emails/emailid/8806 DNC discussing their relationship with NBC/MSNBC/CNN and how to get better treatment. https://wikileaks.org/dnc-emails/emailid/13762 Super PAC paying young voters to push back online Sanders supporters. Paid shills.https://wikileaks.org/dnc-emails/emailid/8351 DNC Chair Debbie Wasserman Schultz having an off the record meeting in MSNBC President Phil Griffin's office. https://wikileaks.org/dnc-emails/emailid/8867 DNC being messed with by the Washington Examiner. https://wikileaks.org/dnc-emails/emailid/5304 DNC discussing Hillary's policies as unfeasible.https://wikileaks.org/dnc-emails/emailid/519 $200k for a private dinner with Hillary. https://wikileaks.org/dnc-emails/emailid/17287 Offering to send interns out to fake a protest against the RNC. https://wikileaks.org/dnc-emails/emailid/13366 Faking outrage and pasting in a video later. https://wikileaks.org/dnc-emails/emailid/7102 A mole working inside of the Sanders campaign. https://wikileaks.org/dnc-emails/emailid/7793 Bringing up Sanders religion to scare the southern voters. https://wikileaks.org/dnc-emails/emailid/11508 Possible money laundering by moving money back and forth to bypass legal limits. https://wikileaks.org/dnc-emails/emailid/6230 Politico writer sending his stories to the DNC before he sends them to his editor. https://wikileaks.org/dnc-emails/emailid/10808 DNC feeding CNN the questions they want to be asked in interviews. https://wikileaks.org/dnc-emails/emailid/4077 Creating a fake job ad for a Trump business to paint him as a sexist. https://wikileaks.org/dnc-emails/emailid/12803 Hillary funding 2 million dollars in a cooridanted campaign in battleground states to win back the Senate. https://wikileaks.org/dnc-emails/emailid/7784 DNC is upset that their "allies" didn't send in protestors so they sent out interns. https://wikileaks.org/dnc-emails/emailid/13366 "Clinton Foundation quid-pro-quo worries are lingering, will be exploited in general." https://wikileaks.org/dnc-emails/emailid/8351 $50,000 - Lawrence Benenson.https://wikileaks.org/dnc-emails/emailid/14700 Daily Fundraising Report for the DNC. https://wikileaks.org/dnc-emails/emailid/2875 Content & Social Strategy Discussion.https://wikileaks.org/dnc-emails/emailid/7512 Re: BuzzFeed and DNC connection. https://wikileaks.org/dnc-emails/emailid/10933 Draft linking news articles about trump to use as negative press. https://wikileaks.org/dnc-emails/emailid/7586 Fwd: State Dinner Countdown. https://wikileaks.org/dnc-emails/emailid/1901 Some chick is angry she hasn't been given more stuff from the Obama administration...might be interesting to follow up. Re: State Dinner Countdown. https://wikileaks.org/dnc-emails/emailid/2946 Tim O'Brien: Trump's Fixation on Inflating his Net Worth is a Cause for Concern. https://wikileaks.org/dnc-emails/emailid/4496 RE: May Fundraising Numbers. https://wikileaks.org/dnc-emails/emailid/5615https://wikileaks.org/dnc-emails/emailid/7720 Hillary for America Raised $26.4 Million in April, Began May with More than $30 Million Cash on Hand. https://wikileaks.org/dnc-emails/emailid/13986 Re: For approval: Trump supporter graphics. https://www.wikileaks.org/dnc-emails/emailid/788 Press talking points, states Hillary is their candidate, dated May 5, 2016. More of a smoking gun than the ambiguous talk in the emails themselves. https://wikileaks.org/dnc-emails/fileid/5254/2728 Consultant calling megyn kelly a bimbo. Has PDF attached that says the same. https://wikileaks.org/dnc-emails/emailid/6087 DNC trying to get away with violating the Hatch Act. https://wikileaks.org/dnc-emails/emailid/20148 Democrats using interns to organize fake "protests." https://wikileaks.org/dnc-emails/emailid/13830 RE: Action on DNC tomorrow (Immigration Raids). https://www.wikileaks.org/dnc-emails/emailid/9736 SPREAD THIS https://www.reddit.com/r/The_Donald/comments/4ucxpy/the_dnc_is_a_terrible_group_juiciest_leaks_so_far/

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