“Trump Voter Fraud Commissioner Says Panel Should Be More Transparent Or Disband”

HuffPost: A Democratic member of President Donald Trump’s voter fraud probe said it should urgently disclose what it’s been working on and its future plans, or else disband entirely. Alan King, a probate judge in Jefferson County, Alabama, is one of four Democrats on the 11-member Presidential Advisory Commission on Election Integrity. He told HuffPost on Tuesday that he was disappointed in how the commission had conducted business and wouldn’t…

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“Trump’s secretive voter fraud panel is keeping own members in the dark”

AP: A commissioner from Alabama, Jefferson County probate judge Alan L King, said he sent a similar letter late last week. He said the only information he had received since the September meeting was an email informing him of the death of another commissioner, former Arkansas state lawmaker David Dunn. “Here I am on this high-level government committee and I don’t know when the next meetings are or how many meetings there will be,” he said. “I…

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Anything of Value Also Read Broadly in Context of Federal Bribery Laws (Menendez Case)

…uenced in the performance of any official act.” (emphasis added). Public officials have been convicted for being influenced in the performance of their duties in return for bribes paid to third parties. See  United States v. Jefferson, 674 F.3d 332, 341–42 (4th Cir.2012) (Payments made to a business controlled by a Congressman’s wife in exchange for official action constituted bribery.); United States v. Siegelman, 640 F.3d 1159, 1165–66…

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“Does the World Really Belong to the Living? The Decline of the Constitutional Convention in New York and Other US States, 1776–2015”

J.H. Snider has written this article for American Political Thought. Here is the abstract: In the preamble to the US Declaration of Independence, Thomas Jefferson wrote that people have an “unalienable” right “to alter” their government. A total of 37 US states would eventually include in their state constitutions a similar provision promising the people the right at all times to alter or reform their government. Jefferson would later also…

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Top Recent Downloads in Election Law on SSRN

…of Kentucky – College of Law Date posted to database: 19 Jan 2017 Last Revised: 19 Jan 2017 4 43 Hillary Clinton’s Electoral College Defeat: It Almost Happened to George W. Bush in 2004 Bryan H. Wildenthal Thomas Jefferson School of Law Date posted to database: 13 Dec 2016 Last Revised: 15 Dec 2016 5 39 Transparency, Corruption, and the Information Needs of Communities: The Case of Personal Financial Disclosure John Wihbey and Mike…

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“Jeff Sessions Becomes One of Few Presidential Nominees Ever Opposed by Common Cause in 46 Years”

Release: Today, Common Cause announced it opposition to the nomination of Sen. Jefferson Beauregard “Jeff” Sessions III (R-AL) to serve as U.S. Attorney General, deeming him unfit to serve as the nation’s top law enforcement officer. Senator Sessions has for decades been an outspoken critic of the Voting Rights Act, one of this country’s most critical pieces of civil and voting rights legislation, which paved the way for an inclusive…

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“Jeff Sessions, Trump’s Pick for Attorney General, Is a Fierce Opponent of Civil Rights”

…, where they were interrogated by law enforcement officials and forced to testify before a grand jury. Ninety-two-year-old Willie Bright was so frightened of “the law” that he wouldn’t even admit he’d voted. In January 1985, Jefferson Beauregard Sessions III, the 39-year-old US Attorney for the Southern District of Alabama, charged Turner, his wife Evelyn and Hogue with 29 counts of mail fraud, altering absentee ballots and conspiracy to vote…

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Roger Stone: “we will not allow the dark forces behind Hillary’s campaign to engage in voter fraud and tampering.”

…r all of these resources! In Victory, Roger Stone PS – We still have legal battles to fight in several other states before Election Day. Please donate to help us win these efforts and secure a fair vote for ALL AMERICA. If you are signing into our system to do exit polls, please see the counties where help is especially needed below:  Ohio Cutahoga, Franklin, Hamilton, Arizona  Pima County Colorado Arapahoe, Jefferson, Larimer Texas Bexar,…

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Why Didn’t Justice Kennedy Go to Salzburg This Summer?

…t Note: Justice Kennedy did not make his customary trip to teach in Salzburg this summer (confirmed by McGeorge School of Law press office)   Justice Clarence Thomas June 26-July 21: Teaching engagement; Nice, France; Thomas Jefferson School of Law and University of Nice School of Law, hosts   Justice Ruth Bader Ginsburg July 16: Cultural engagement; Castleton, Virginia; Castleton Festival, host Mid-July (undetermined date): Speaking engagement;…

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“What the DNC email leak reveals about Arizona’s election lawsuit”

…o aid her Senate bid. “Working with the DSCC, we placed a story in the Washington Post announcing the lawsuit on April 14, and published a Medium post from DNC CEO Amy Dacey on why we were filing suit,” Deshundra Jefferson, the DNC’s Southern regional communications director, wrote in an April 22 email to Luis Miranda, the DNC’s communications director. “The initial roll out generated well over 100 earned media…

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“BREAKING: Federal Court Rules Prison Gerrymandering Unconstitutional”

Alice Ollstein: The Federal District Court for Florida’s Northern District ruled Monday that the prison gerrymandering in Florida’s Jefferson County unconstitutionally dilutes the voting power of its residents. By packing inmates who can’t vote into a district, but counting them when drawing electoral maps, District Judge Mark Walker said the county had violated the “one person, one vote” principle in the Constitution’s Fourteenth Amendment….

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Breaking: #SCOTUS Will Hear Gov. McDonnell’s Corruption Appeal

…n these sorts of cases, they open up the possibility of politically motivated prosecutions. Better to leave the criminal cases to clear violations of the law, such asRep. Randy “Duke” Cunningham’s yacht bribe or Rep. William Jefferson’s $10,000 stash hidden in his freezer. If prosecutors can’t produce clear-cut charges, politicians and their campaigns should only face the potential for civil liability. Second, even if prosecutors are…

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“Jefferson staters keeping up their fight”

…rson. The idea got a burst of attention in 2014 when Silicon Valley entrepreneur Tim Draper tried (and failed) to place on the ballot a measure that would break California into six states, one of which would have been called Jefferson. But while the attention faded away, the Jefferson movement – the continuation of an effort that got its start in the World War II era – has plugged along. Baird was here to present “declarations” from 15 of…

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Ned Foley: Florida 2000 Was Not a Fluke

…The Founders soon suffered from their oversight.  One of important early episodes in New York’s 1792 election for governor, when John Jay was running as a Federalist to defeat the incumbent George Clinton, the leader of the Jeffersonian party (the “Democratic Republicans”) in the state.  In addition to Jay himself, as well as Jefferson watching from afar, other leading Founders—including Alexander Hamilton and James Madison—either participated…

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“School Board Recalls: At least 307 attempted since 2012; 24 officials kicked out, 21 resigned, 13 survived vote”

…Blog: Once again, a recall election is arguably the most fascinating election of the year. As opposed to some of the past famous recalls, the big one this year is for a minor political position: three School Board members in Jefferson County, Colorado, Ken Witt, Julie Williams and John Newkirk. Yet we’ve already seen reports that over a million dollars has been raised by both sides in what has to be one of the (though not the) most expensive…

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2015 Supplement to The Law of Democracy

…Table of Contents for the Supplement: Chapter Two 3 Note: Recent Litigation on Voting Access 8 Arizona v. Inter Tribal Council 17 Arizona State Legislative v. Arizona Independent District Comm. 32 Chapter Three 44 Tennant v. Jefferson County 44 Chapter Four 50 There is no new material for this Chapter. 50 Chapter Five 51 Williams-Yulee v. The Florida Bar 59 Note: The Boundary Between Crime, Campaign Contributions, and Lobbying 73 Note: The New…

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“Freedom is winning the battle over money in politics: Should anyone celebrate?”

…nment; they eagerly hope for a new government ethics scandal they can lay at the feet of campaign finance freedom, while ignoring the scandals that take place during their highly regulated moments (Cunningham, Abramoff, Ney, Jefferson, runaway earmarking, etc.). Political campaigns are not always pretty, and they are not always models of civic discourse as presented by the utopians. But on balance, campaign finance freedom works, and works well….

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“The Unbearable Lightness of Zero Deviation”

…in a unanimous vote.  “We have since explained that the ‘as nearly as is practicable’ standard does not require that congressional districts be drawn with ‘precise mathematical equality.’”  Tennant v. Jefferson County Commission, 567 U.S. ___ (2012) (per curiam).  The Court made it clear that a plan could not be challenged successfully simply because an alternative plan achieved a lower variance of population.  And…

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“Election officials ask judge to toss suit over Wisconsin ballot design”

…low proper procedures in bringing their court challenge. Even if the case is allowed to proceed, the election officials argued, the judge can consider changing the ballots in just four places — Racine, Walworth, Columbia and Jefferson counties. Those who brought the suit can’t argue over the ballots in the state’s 68 other counties because they either don’t represent them or the ballots in those counties don’t include the…

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Rick Perry and the Criminalization of Politics

…n these sorts of cases, they open up the possibility of politically motivated prosecutions. Better to leave the criminal cases to clear violations of the law, such asRep. Randy “Duke” Cunningham’s yacht bribe or Rep. William Jefferson’s $10,000 stash hidden in his freezer. If prosecutors can’t produce clear-cut charges, politicians and their campaigns should only face the potential for civil liability. Second, even if prosecutors are…

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True the Vote Refiles #MSSEN Complaint in New Court

…8 individual Mississippi voters as plaintiffs, bringing the total number of plaintiffs to 22. The following nine counties and their respective election commissions have been included as defendants in the case: Copiah, Hinds, Jefferson Davis, Lauderdale, Leake, Madison, Rankin, Simpson and Yazoo. “Given the importance of the case, it was imperative that we move as expeditiously as possible so dismissal of our suit in the Northern District of…

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“Bradley Smith: The Supreme Court and Ed Corsi’s Life of Political Crime”

WSJ oped. It begins In the winter of 2008, Ed Corsi decided that he was tired of stewing about the politics in his home of Geauga County, Ohio, and the country at large. He started a website, put Thomas Jefferson’s quote, “The price of freedom . . . constant vigilance” at the top, dubbed the site “Geauga Constitutional Council,” and set about blogging his thoughts on local and national politics. So began his life…

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Consent Decree in Mississippi Voter Registration Case

…rican Civil Rights Union, represented by former DOJ lawyers Christian Adams, Christopher Coates, and Henry Ross, under the National Voter Registration Act (NVRA).  The case against Walthall County, and a related case against Jefferson County (which Breitbart reports is still pending), were mentioned on this blog back in April, but I don’t recall hearing anything about them since then.  I’m curious to see what the consent decree…

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David Jefferson on College Vote Hack

David Jefferson sends along these observation: I just read Doug Chapin’s article on the vote rigging at Cal State San Marcos, and I would add several observations.  Had this been a public election conducted via Internet voting, it would have been much more difficult to identify any problem or to capture the perpetrator, Mr. Weaver. Mr. Weaver was captured because he was voting from school-owned computers. This was networked voting but not…

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Time for the Supreme Court to Take a Case to Clarify When Campaign Contributions Can Be Bribes and Whether there is a Quid Pro Quo Requirement

…these sorts of cases, they open up the possibility of politically motivated prosecutions. Better to leave the criminal cases to clear violations of the law, such as Rep. Randy “Duke” Cunningham’s yacht bribe or Rep. William Jefferson’s $10,000 stash hidden in his freezer. If prosecutors can’t produce clear-cut charges, politicians and their campaigns should only face the potential for civil liability. Second, even if prosecutors are…

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“KNIGHT: An electoral-reform tsunami; Pending lawsuits could force a cleanup of voter fraud”

…Washington Times: “On Friday, three former U.S. Justice Department attorneys filed lawsuits in the U.S. District Court for the Southern District of Mississippi seeking an order to compel election officials in Jefferson Davis County, as well as in nearby Walthall County, to clean up their voter rolls.”…

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News Roundup of West Virginia Redistricting Decision from SCOTUS

SCOTUSBlog: “Yesterday the Court also issued an unsigned ruling in Tennant v. Jefferson County Commission, a West Virginia congressional redistricting case in which the Court held that the three-judge district court was wrong to require that there be virtually no difference in population between the House districts drawn up after the 2010 Census.  Lyle provides extensive analysis of the decision at this blog; additional coverage comes…

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“Florida’s Voter Purge … and The Federalist Papers

…er Hamilton and John Jay were in a position where they could have manipulated the voting rules in New York in a way that would have secured an outright victory for their fellow partisan John Adams over their adversary Thomas Jefferson.  Jay was New York’s governor at the time, and Hamilton was (among other things) Jay’s political adviser.  In a way, their positions were roughly analogous to Scott and Browning in Florida. In 1800, however, it was…

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“Marks prevails in Jefferson County case”

Aspen Times: “A District Court judge has deemed election records in Jefferson County open to public review and has awarded attorney’s fees to Aspen election activist Marilyn Marks, who was denied access to the information. Judge Randall Arp, in a ruling issued Monday, directed Jefferson County Clerk and Recorder Pamela Anderson to provide the records requested by Marks and rejected the clerk’s claim that release of the…

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John Edwards, Tom DeLay, Don Siegelman and the Criminalization of Politics

…these sorts of cases, they open up the possibility of politically motivated prosecutions. Better to leave the criminal cases to clear violations of the law, such as Rep. Randy “Duke” Cunningham’s yacht bribe or Rep. William Jefferson’s $10,000 stash hidden in his freezer. If prosecutors can’t produce clear-cut charges, politicians and their campaigns should only face the potential for civil liability. Second, even if prosecutors are…

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“Call to Duty: Military members at risk of missing WI vote”

…al clerks were required to send absentee ballots to overseas and military voters by Feb. 18, or 45 days before the election, as the MOVE Act requires for federal elections. At least 63 of Wisconsin’s 1,851 municipal clerks failed to meet the deadline, with delays ranging from two days to nearly a month. The latest ballots went out March 15, one each from Jefferson and Oconto counties.”…

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Slow Blogging Through New Year’s Day/AALS Panels

…Electrical Engineering and Computer Science Speaker: Richard L. Hasen, University of California, Irvine School of Law Speaker: Candice Hoke, Cleveland State University, Cleveland-Marshall College of Law Speaker: Dr. David R. Jefferson, Ph.D., Lawrence Livermore National Laboratory Center for Applied Scientific Computing Speaker: Martha Mahoney, University of Miami School of Law Speaker: Professor Walter R. Mebane, Ph.D., University of Michigan…

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Trachtenberg on Kelleher on Jefferson

…eher’s rebuttal to David Jefferson’s recent paper on security issues with Internet voting: I’m somewhat bewildered by this “rebuttal,” as it does not appear to address the important points David Jefferson makes in his argument. Yes, the internet is widely used for many transactions.  Jefferson’s well-argued point is that voting has different and more stringent requirements than other transactions, and you do…

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Jefferson: If I can shop and bank online, why can’t I vote online?

…ders who thought that Internet voting should be no harder to set up securely than online banking.  My research told me differently, but there was no good, succinct source making this point.  I am pleased therefore that David Jefferson has prepared the attached short paper making this point in a very convincing way.  His work begins: There is widespread pressure around the country today for the introduction of some form of Internet voting in…

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“Local Governments Continue to Pursue and Receive Voting Rights Act ‘Bailouts'”

…220;This summer has been a busy one for local governments taking advantage of the opportunity to bailout from coverage under the Voting Rights Act of 1965. So far this year, the following local jurisdictions have bailed out: Jefferson County (TX) Drainage District no. 7; Alta (CA) Irrigation District; the City of Manassas Park, VA, and Rappahannock County, VA. Currently, there are five other bailouts pending before the DC Court, all of which…

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In the Election Law Mailbag

…la on the book next Friday) Eskridge, Frickey and Garrett (eds), Statutory Interpretation Stories Jay Weiner, This is Not Florida: How Al Franken Won the Minnesota Recount James Roger Sharp, The Deadlocked Election of 1800:L Jefferson, Burr, and the Union in the Balance Lorraine Minnite, The Myth of Voter Fraud (I read parts of this in draft; highly, highly recommended) Council of Europe, Supervising Electoral Processes Chris Goodman, Examining…

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“Sandra Day O’Connor: End judge elections in Wash.”

…n mechanisms. It was particularly interesting to hear the perspectives not only of Justice O’Connor, but of Chief Justice Alexander (of Washington State), Chief Justice Abrahamson (Wisconsin), and Chief Justice Wallace Jefferson (Texas). (I had to miss the last session, which featured more jurists and others to catch the last flight home to Burbank.) I hope the video of this event gets posted soon, and if it does, I will link. I was on a…

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