All posts by Spencer Overton

APSA Panel on Multiracial Democracy

The APSA Law and Political Process Study group has organized the roundtable panel “Building the Future of Multiracial Democracy: The Role of Political Scientists and Law Professors.” The panel will take place on Thursday, September 5, 4:00 to 5:30pm, in Marriott Philadelphia Downtown, 502. Please join us!

This panel delves into the critical role that political scientists and law professors play in addressing the challenges to and opportunities for fostering a robust multiracial democracy. With a focus on election law, political violence, demographic changes, and the rise of identity politics, the panel aims to explore innovative solutions and strategies for advancing multiracial democracy. The session will feature insights from leading scholars, highlighting interdisciplinary approaches and collaborative efforts to navigate the complexities of our current political landscape.

Participants:

  • Tabatha Abu El-Haj, Professor of Law, Drexel University
  • Didi Kuo, Center Fellow, Freeman-Spogli Institute for International Studies, Stanford University
  • Spencer Overton, Patricia Roberts Harris Research Professor of Law, Faculty Director of the Multiracial Democracy Project, George Washington University
  • Andrew Thompson, Assistant Professor of Political Science, University of Pennsylvania
  • Co-Chairs: Emily Rong Zhang, UC Berkeley School of Law and Rick Hasen, UCLA School of Law

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Turning to Tabatha . . .

Thanks to Rick Hasen for the opportunity to guest blog over the past 14 days. In maintaining this blog Rick builds community and provides a service to us all. I’m appreciative of the blog and his many other contributions to our field. Thanks also to those of you who flagged items for me over the past couple of weeks.  

I’m excited to turn the blog over to Dr. Tabatha Abu El-Haj of the Drexel University Thomas R. Kline School of Law. Tabatha is a friend and prolific First Amendment and political process scholar who recently wrapped up her term as chair of the AALS Election Law Section.

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“Judge in Trump’s federal election subversion case rejects defense effort to dismiss the prosecution”

Washington Post:

The federal judge presiding over the election subversion case against former President Donald Trump rejected Saturday a defense effort to dismiss the indictment on claims that he was prosecuted for vindictive and political purposes.

The ruling from U.S. District Judge Tanya Chutkan is the first substantive order since the case was returned to her Friday following a landmark Supreme Court opinion last month that conferred broad immunity for former presidents and narrowed special counsel Jack Smith’s case against Trump.

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“Trump Says Georgia’s Governor Is Hampering His Efforts to Win There”

NY Times:

Former President Donald J. Trump suggested without evidence on Saturday that Georgia’s Republican governor was hampering his efforts to win the battleground state in November, a claim that carried echoes of Mr. Trump’s attempt to overturn his defeat to President Biden there in 2020….

At a rally at the Georgia State University Convocation Center in Atlanta, in a speech that lasted more than 90 minutes and that was peppered with grievances about his loss four years ago, Mr. Trump falsely claimed, “I won this state twice,” referring to the 2016 and 2020 elections.

Mr. Trump lost to Mr. Biden by roughly 12,000 votes in Georgia in 2020. Last year, the former president was indicted by an Atlanta grand jury on charges related to his efforts to subvert the results of that election in that state. On Saturday, he complained that he might have avoided legal jeopardy if Mr. Kemp and Mr. Raffensperger had cooperated with his attempts to reverse the 2020 results.

Update:  Greg Bluestein posts the statement of a bipartisan group of two former governors, a senator, and a mayor:  “Trump’s remarks today completely – and intentionally – undermine confidence in our elections. This type of baseless rhetoric is harmful to the protection of our democratic process and future of this great nation.”

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“Marjorie Taylor Greene’s and Brad Raffensperger’s Voter Registrations Targeted in Georgia’s New Online Portal”

ProPublica:

On Friday, four days after Georgia Democrats began warning that bad actors could abuse the state’s new online portal for canceling voter registrations, the Secretary of State’s Office acknowledged to ProPublica that it had identified multiple such attempts — including unsuccessful efforts to cancel the registrations of two prominent Republicans, Rep. Marjorie Taylor Greene and Georgia Secretary of State Brad Raffensperger.

The confirmation of the attempts to misuse the portal follows separate discoveries by The Associated Press and The Current that the portal suffered at least two security glitches that briefly exposed voters’ dates of birth, the last four digits of their Social Security numbers and their full driver’s license numbers — the exact information needed to cancel others’ voter registrations.

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“Civil rights icon [Emmet Bondurant] receives ABA’s highest honor”

American Bar Association:

Emmet Bondurant “embodies the purpose of the ABA Medal” said American Bar Association President Mary Smith as she bestowed the association’s highest honor on the Atlanta lawyer who has pursued justice with integrity and demonstrated a commitment to community service and pro bono litigation. . . .

In 1963, at the age of 26, he successfully argued Wesberry v. Sanders in the U.S. Supreme Court, which held for the first time that congressional districts throughout the United States must contain equal populations. This has since become known as the one person, one vote rule.

He has litigated challenges to state voter identification requirements in cases such as Democratic Party of Georgia, Inc. v. Perdue and Common Cause/Georgia v. Billups, arguing that these laws unconstitutionally and deliberately burden the right to vote and disproportionately disadvantage vulnerable minorities. In 2018, he returned to the U.S. Supreme Court to argue Rucho v. Common Cause, urging the court to end the practice in which state legislatures deliberately draw voting districts to disadvantage residents based on their political views.

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“Lefty Dem group urges city voters to influence upstate elections where their vacation homes are: ‘Morally reprehensible’”

NY Post:

A lefty nonprofit is encouraging Democrats to vote in the districts where their vacation homes are in order to “maximize” their voting power — a “morally reprehensible” strategy experts said gives an unfair advantage to the rich and motivated.

Even if it “feels weird” or people are invested in politics at home, MoveIndigo needs “all hands on deck in the most competitive districts,” according to a letter received by NYC residents.

It cited New York election law that states voters can choose which residence to which they have a “legitimate, significant and continuing attachment” when deciding to vote.

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“How an Elon Musk PAC is using voter data to help Trump beat Harris in 2024 election”

CNBC:

….If a user lives in a state that is not considered competitive in the presidential election, like California or Wyoming for example, they’ll be prompted to enter their email addresses and ZIP code and then directed quickly to a voter registration page for their state, or back to the original sign-up section.

But for users who enter a ZIP code that indicates they live in a battleground state, like Pennsylvania or Georgia, the process is very different.

Rather than be directed to their state’s voter registration page, they instead are directed to a highly detailed personal information form, prompted to enter their address, cellphone number and age.

If they agree to submit all that, the system still does not steer them to a voter registration page. Instead, it shows them a “thank you” page.

So that person who wanted help registering to vote? In the end, they got no help at all registering. But they did hand over priceless personal data to a political operation.

Specifically, a political action committee created by Tesla CEO Elon Musk, one aimed at giving the Republican presidential nominee Trump an advantage in his campaign against Vice President Kamala Harris, the de facto Democratic nominee.

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“American Bar task force calls on lawyers to defend against threats to democracy”

The Hill:

When the American Bar Association’s Task Force for American Democracy officially launches Thursday, it will call on America’s lawyers to take up the “clarion call” to defend the U.S. constitutional democracy against the “serious threat” of “rising authoritarianism.”

“Our country and democracy face a wide variety of serious threats, including that of rising authoritarianism,” the bipartisan task force wrote in its opening report. “For the first time in our history, we did not have a peaceful transition of power in our last presidential election.”  

Here’s The ABA Task Force’s Opening Statement.

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“Trump’s stalled election-subversion prosecution revs back to life“

Politico:

The stalled criminal case against Donald Trump for seeking to subvert the 2020 election is starting to move.

The Supreme Court’s landmark ruling on presidential immunity — a breathtaking legal victory for Trump’s bid to sideline his criminal prosecutions — had kept the election-subversion case on ice for months. Even after the July 1 ruling, the high court’s rules required a one-month delay to give prosecutors the chance to ask the justices to reconsider the outcome.

On Friday, that window closed. The case was returned to the D.C. Circuit Court of Appeals, which took just minutes to send the matter back to the courtroom of U.S. District Judge Tanya Chutkan, who has been in a holding pattern since December awaiting the outcome of the immunity fight.

On Saturday, Chutkan took her first steps in the case in months, setting an August 16 hearing to consider setting a new schedule. She has asked for prosecutors and Trump to offer their own thinking on the matter in writing by August 9. 

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“Trump team gambles on new ground game capitalizing on loosened rules”

Washington Post:

Republican presidential nominee Donald Trump is relying on a cluster of loosely coordinated outside groups to run turnout operations traditionally performed by the campaign itself, an approach that takes advantage of new leniencies in campaign finance rules but comes with the risk of untested outfits duplicating efforts or working at cross purposes.

With fewer than 100 days left before the election, local GOP officials in battleground states have raised alarms about the scant presence of Trump campaign field staff. For the large armies of paid and volunteer door-knockers and canvassers that typically drive turnout in presidential elections, the campaign is largely relying on outside groups such as America First Works, America PAC and Turning Point Action.

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“U.S. 5th Circuit rules for Galveston County in voting rights case, striking down decades of precedent”

Houston Public Media:

The U.S. 5th Circuit Court of Appeals has reversed a decades-old precedent that allows different racial and ethnic groups to form coalitions to seek legal remedies under the Voting Rights Act. The ruling will likely be appealed to the U.S. Supreme Court.

In 2021, the Republican-majority government of Galveston County, Texas redrew its political boundaries to eliminate the one district in which non-white voters represented a majority. A group of current and former officeholders sued, charging that violated Section 2 of the Voting Rights Act, which bans racial gerrymandering. They were joined by multiple civil rights groups and the Biden administration, in a case that was consolidated as Petteway v. Galveston County.

The county argued that neither Blacks nor Latinos alone constituted an outright majority anywhere in its boundaries and that Section 2 does not protect the rights of different racial or ethnic groups to form coalitions.

On Thursday, the U.S. 5th Circuit ruled 12-5 in favor of Galveston County, throwing out a precedent its own judges had set in 1988, Campos v. City of Baytown.

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“Without ‘Zuckerbucks,’ limited private funding available for elections”

Washington Post:

In 2020, a group funded by Facebook founder Mark Zuckerberg and his wife gave $332 million to local governments to run the presidential election amid a global pandemic, prompting a Republican backlash that led to more than two dozen states banning or limiting private funding for elections.

The Center for Tech and Civic Life is again awarding grants this fall — but in much smaller amounts. The $2.5 million it plans to give to small and midsize communities in as many as 19 states totals less than 1 percent of what it spent in 2020. The grants will have nowhere near the nationwide effect they did in the last presidential election but could nonetheless spark controversy. . . .

But election costs remain daunting, and they can be particularly challenging for cash-strapped rural communities, said Tiana Epps-Johnson, the center’s founder and executive director.

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“Democrats begin process of officially making Harris their nominee”

Washington Post:

Democratic delegates began online voting Thursday in a process that almost certainly will result in Harris formally becoming the party’s nominee, since she is the only candidate who qualified and most of the delegates have already endorsed her. Yet her official selection will mark a significant milestone, making her the nation’s first Black woman to become a major-party presidential nominee and capping one of the most tumultuous months in recent American political history.

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