“Virginia voter suppression tweets went undetected by Twitter for hours”

…sday morning before Twitter suspended the account. The account, “MAGA Mike King,” was suspended after it tweeted more than a dozen times a graphic purportedly instructing Virginians on how to vote by text and including the logos of the Democratic Party and its gubernatorial candidate, Ralph Northam. The account doesn’t appear to have had much success spreading its message, with less than a handful of interactions on each of the offending tweets, b…

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“Kobach transcript: Changes to US election law discussed”

…s deposition, Kobach acknowledged he has talked about documentary proof of citizenship for voter registration with the members and staff of the election fraud commission. Kobach also testified that GOP Rep. Steve King of Iowa has agreed to introduce legislation amending U.S. election law to allow states to impose proof-of-citizenship requirements if Kansas loses a federal lawsuit brought by the ACLU in Kansas….

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

…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 be surprised if other members of the panel had already drafted a recommendation to the president. “Based on what I’…

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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 am…

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“Of Steak Rubs and Symmetry: A Response to Justice Gorsuch”

…whether a map is asymmetric in a partisan gerrymandering case is akin to asking, in a toxic torts case, whether a chemical released in an industrial accident causes cancer. A judge in the torts case might consider epidemiological evidence, lab experiments on mice, and biomechanical studies of cell division. But the question to be answered is not whether these three types of evidence, considered together, show the plaintiffs to be morally deserving…

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Two of the Only 5 Democrats (Compared to 7 Republicans) on Pence-Kobach Fraud Commission Will Miss Tuesday Meeting

…Sam Levine reports that neither Alan King nor Mark Rhodes will attend tomorrow’s meeting of the sham commission. That leaves only NH SOS Gardner, Maine SOS Dunlap, and former Arkansas lawmaker David Dunn as Democrats on the Commission. I doubt either one will speak up the way Alan King did in his recent filing about the suppressive work of this commission. [This post was corrected, adding the name of David Dunn.]…

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“Democrat On Trump Voter Fraud Probe Slams Voting Restriction Efforts”

…verzealous efforts to purge people from the voter rolls. In his statement, King wrote that while there may be some people who voted twice, there were thousands more who were removed from the rolls for no reason or had their vote suppressed. King won’t be attending the panel’s Tuesday meeting in Manchester, New Hampshire, because of a scheduling conflict, he told commission organizers. “The reality is that the less affluent in our society are more…

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Full List of Amicus Briefs Supporting Challengers in Wisconsin Partisan Gerrymandering Case

…s Briefs in Support of Appellees Heather K. Gerken, Jonathan N. Katz, Gary King, Larry J. Sabato, and Samuel S.-H. Wang in Support of Appellees (August 30, 2017) Eric Lander in Support of Appellees (August 31, 2017) 44 Election Law, Scientific Evidence, and Empirical Legal Scholars in Support of Appellees (September 1, 2017) NAACP LDF, et al. in Support of Appellees (September 1, 2017) Colleagues of Professor Norman Dorsen in Support of Appellees…

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Lots of Amicus Briefs in Gill v. Whitford, the WI Partisan Gerrymandering Case

…oming—update: more posted here): Heather K. Gerken, Jonathan N. Katz, Gary King, Larry J. Sabato, and Samuel S.-H. Wang Amicus Brief in Support of Appellees (August 30, 2017) Eric Lander Amicus Brief in Support of Appellees (August 31, 2017) 44 Election Law, Scientific Evidence, and Empirical Legal Scholars Amicus Brief in Support of Appellees (September 1, 2017) NAACP LDF, et al. Amicus Brief in Support of Appellees (September 1, 2017) Colleagues…

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Sam Wang: A Manageable Federalist Approach to Partisan Gerrymandering

…micus brief in Whitford, Professors Heather Gerken, Jonathan N. Katz, Gary King, Larry Sabato, and I proposed partisan asymmetry to identify extreme gerrymanders, and explained how it can be defined with commonly-used statistical tools. We suggested that partisan asymmetry would result in a pattern of election results that failed multiple tests. By this measure, and consistent with analysis by the Brennan Center for Justice, no fewer than seven st…

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Amicus Brief in Whitford

…able tests going forward. The brief then identifies several criteria for making that judgment: Whatever test is used should be reliable and difficult to manipulate. The test should deploy actual election outcomes rather than hypothetical maps created by experts. Courts should be able to adapt the symmetry standard to different contexts and apply it without relying unduly on experts or displacing appropriate democratic judgments. Finally, the test…

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Beyond Words: J. Christian Adams Appointed to Pence-Kobach Commission

…ation. It is assembling a rogues’ gallery of vote suppression. The only one missing is John Fund. Maybe he’ll be appointed their research director. There was another Democrat named today, Alan Lamar King of Alabama. Never heard of him, which is the pattern with most of the Democrats on the so-called “bipartisan commission.”   (Here’s a bit on my run-ins with Adams.)  …

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“Georgia voters, Colorado nonprofit sue to overturn special election results in Georgia’s 6th Congressional District”

…n on a modified version of Windows last updated by Microsoft 14 years ago, King told the Brennan Center for Justice two years ago as part of a study on voting security. (The company changed its name to Premier Election Solutions about a decade ago, and most of its assets were later purchased by Dominion Voting Systems.) The election center King operates at Kennesaw State has been responsible for overseeing and securing the state’s electronic elect…

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Supreme Court of Texas, in Tea Party Group Case, Upholds Ban on Corporate Campaign Contributions, But Tees Up Issue for SCOTUS

The Supreme Court of Texas has issued this opinion in King Street Patriots v. Texas Democratic Party. But a concurring opinion tees up the issue for U.S. Supreme Court review should it choose to review it: In sum, I concur in the Court’s judgment because I agree with the Court’s application of a case we unfortunately must follow. That said, Beaumont is incorrect and cannot be reconciled with Citizens United, McCutcheon, or, most importantly, the…

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“The Strange Civil Rights Views of Trump’s Latest Court Nominees”

…. While blogging under a pseudonym in 2008, Bush invoked Dr. Martin Luther King Jr. to attack women’s reproductive rights. In a post titled “The Legacy from Dr. King’s Dream That Liberals Ignore,” Bush joined Newsom in comparing Dred Scott to Roe (both “relied on similar reasoning and activist justices”), and wrote that “slavery and abortion” are the “two greatest tragedies in our country.” In his Senate questionnaire, he dismissively referred to…

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“Texas House backs voter ID overhaul, with changes”

…o Ramos’ Corpus Christi court for a hearing on how to remedy the voting violations. Republican leaders hope she will accept the new law and refrain from putting Texas under preclearance. “SB 5 addresses every situation that the courts have found in six years of litigation,” King said. Ramos temporarily softened the ID rules for the 2016 elections, and Huffman’s legislation largely follows its lead. It would allow people without photo ID to vote if…

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Top Recent Downloads in Election Law on SSRN

…petition Law and the Protection of Political Democracy Arthur Guerra Filho King’s College London, Dickson Poon School of Law, Students Date posted to database: 7 Feb 2017 Last Revised: 1 Mar 2017 9 51 One Nation Undecided: Clear Thinking About Five Hard Issues that Divide Us Peter H. Schuck Yale University – Law School Date posted to database: 15 Mar 2017 Last Revised: 20 Mar 2017 10 45 Churches’ Lobbying and Campaigning: A Proposed Statutory Safe…

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Mr. Free Speech, Mitch McConnell, Ladies and Gentlemen

…om Alabama, as warned by the chair,” Mr. McConnell began, alluding to Mrs. King’s letter, which accused Mr. Sessions of using “the awesome powers of his office in a shabby attempt to intimidate and frighten elderly black voters.” Mr. McConnell called the Senate to order under what is known as Rule XIX, which prohibits debating senators from ascribing “to another senator or to other senators any conduct or motive unworthy or unbecoming a senator.”…

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“Jason Kander Launches Let America Vote To Fight Voter Suppression Laws Across The Country”

…es to voter suppression efforts have taken place almost exclusively in courts of law. With the launch of Let America Vote, the fight expands to the court of public opinion. Kander is joined by a Board of Advisors committed to voting rights, including human rights activist Martin Luther King III, Planned Parenthood Action Fund president Cecile Richards, former White House Press Secretary Josh Earnest, and renowned voting rights and election attorne…

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“Citizens United lawyer targets Texas campaign finance laws”

AP: Houston tea party group King Street Patriots, started by Catherine Engelbrecht, has been the focus of a longstanding lawsuit by the Texas Democratic Party accusing the organization of violating state campaign finance laws by engaging in political behavior when it dispatched poll watchers on behalf of the Texas Republican Party during the 2010 election. Democrats have used the case to press for disclosure of the group’s donors. But the nonprof…

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“Trump’s Lies Pave the Way for an Assault on Voting Rights”

…s widespread voter fraud? First, he faces a legitimacy problem. I’m not talking about rigged or hacked voting machines. The Rust Belt recounts show only that our voting systems score high on integrity. Sure, voting machines can always use improvements, and meltdowns have happened (see Florida, 2000). But, despite unsubstantiated concerns raised by Jill Stein and others, there is no evidence of large-scale fraud or miscounting — certainly nothing t…

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“Column: Does Stephen Bannon live in Sarasota County? Because he’s registered to vote here”

…en him at 3108 Casey Key Road, though probably not asking neighbor Stephen King to borrow a cup of sugar, considering King once wrote on Twitter: “My newest horror story. Once upon a time there was a man named Donald Trump and he ran for president.” Anyway, this is where Bannon lives, or is supposed to live, still, according to the Sarasota County Supervisor of Elections office. It’s the address listed on his voter registration form, effective Aug…

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Does President-Elect Trump Have an Interest in Working for Free Voter IDs?

…taken an interest in the plan. “It is very clear that the system is not working at its maximum,” Mr. King told reporters. “We believe we provided a solution.” But other leaders said Mr. Trump’s relationship with African-Americans — tense bordering on toxic after a strident campaign that instilled fear, and a transition that has done little to allay their concerns — would not improve unless the president-elect altered both his tone and his policy p…

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“‘All Talk, No Action,’ Says Trump, in Twitter Attack on a Civil Rights Icon”

…n a pair of early morning Twitter posts. “All talk, talk, talk — no action or results,” he added. “Sad!” While some questioned Mr. Lewis’s assertion, many others expressed indignation about Mr. Trump’s outburst, pointing out the unseemliness of attacking a civil rights leader on the eve of Martin Luther King Jr. Day. Mr. Lewis was one of the original Freedom Riders, beaten by police officers while marching from Selma to Montgomery in Alabama. WaPo…

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“Sessions ‘not a racist,’ says son of black couple once prosecuted for voter fraud”

…Turners were acquitted. The older Turner, who was an aide to Martin Luther King Jr. and died in 2000, told NBC News at the time that he thought “the case was political.” “I actually don’t think Jeff Sessions ever came in with an ounce of evidence,” he said. Evelyn Turner told USA Today on Wednesday that her son did not speak for the family and that she did not agree with his endorsement of Sessions. “That is not going to change as long as I’m blac…

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Top Recent Downloads in Election Law on SSRN

…Date posted to database: 12 Nov 2016 Last Revised: 12 Nov 2016 2 86 Rethinking Presidential Eligibility Eugene D. Mazo George Mason University School of Law Date posted to database: 16 Nov 2016 Last Revised: 3 Dec 2016 3 78 The Academy, Campaign Finance, and Free Speech under Fire Bradley A. Smith Capital University Law School Date posted to database: 8 Nov 2016 Last Revised: 8 Nov 2016 4 67 Dark Money As a Political Sovereignty Problem Ciara Tor…

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“Donald Trump’s Business Dealings Test a Constitutional Limit”

…of any present, emolument, office or title, of any kind whatever, from any king, prince or foreign state” unless Congress consents…. But he said that the answer would be different if a foreign government sought to make a payment to a sitting president. In a footnote, Mr. Barron added, “Corporations owned or controlled by a foreign government are presumptively foreign states under the Emoluments Clause.” Mr. Trump’s companies do business with entit…

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My One Personal Interaction with Sen. Sessions Does Not Give Me Confidence About Strong Voting Rights Enforcement with Him as AG

…’s standard is not sufficiently deferential to Congress and that, just speaking generally, the Court has applied too strict of a standard in terms of the kind of evidence that Congress has to come up with. From what I have reviewed so far of the House record, I am concerned that there will be five or more Justices on the Court who will not be satisfied. If the question is whether I would be satisfied, it is a different question. I think that— Sena…

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“Republicans are now vowing Total War. And the consequences could be immense.”

…tile foreign power to hack into his opponent’s electronic systems. High-ranking Republican officeholders are now suggesting that they may impeach Clinton as soon as she takes office. These are not just backbench nutbars of the Louie Gohmert variety, but people with genuine power, including Ron Johnson, the senator from Wisconsin, Michael McCaul, the chairman of the House Homeland Security Committee, and veteran legislators like James Sensenbrenner…

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“Trump’s unusual conflict: Millions in debts to German bank now facing federal fines”

WonkBlog: Federal regulators are seeking a $14 billion fine from Deutsche Bank, Trump’s top lender, to settle claims that the bank issued toxic mortgages amid the housing crisis. German media have suggested the bank has sought a state bailout that could lead to partial ownership of the bank by the German government. A settlement could be reached before a new president takes office, but government-ethics experts say the Deutsche Bank situation is…

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The “Turkish Murderer” That True the Vote is Fundraising Around? A U.S. Citizen

…ng off the alleged Cascade Mall shooter, claiming that the “Turkish murderer” was not a U.S. citizen but voted in multiple elections. Well it turns out, contrary to earlier reports, that the shooter WAS a U.S. citizen. King5: “On Thursday, a federal official told KING that further investigation revealed that Cetin is a naturalized U.S. citizen. That means he was legally registered to vote. KING’s initial story on Sept. 28 questioned state official…

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“Investigators may probe Cascade Mall suspect’s citizenship status, voting record”

…ed to his voting record and citizenship status. Federal sources confirm to KING 5 that Cetin was not a U.S. citizen, meaning legally he cannot vote. However, state records show Cetin registered to vote in 2014 and participated in three election cycles, including the May presidential primary. Cetin, who immigrated to the United States from Turkey as a child, is considered a permanent resident or green card holder. While a permanent resident can app…

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“Some could have trouble getting ID near election”

…eople can vote).” Commissioner Ann Jacobs said at Tuesday’s meeting she would like to see the DMV provide voting credentials to voters over the counter instead of through the mail when it gets close to the election. Commissioner Steve King agreed with that approach in an interview. “The mail won’t cut it if they’re coming in the week before the election,” he said. Jacobs and Thomsen are Democrats; King is a Republican. [Updated with the updated ve…

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“Donald Trump Suggests ‘Second Amendment People’ Could Act Against Hillary Clinton”

…of suggesting violence against Mrs. Clinton or liberal jurists. Bernice A. King, daughter of the Rev. Dr. Martin Luther King Jr., called Mr. Trump’s words “distasteful, disturbing, dangerous.”… Mr. Trump and his campaign did not treat his remark as a joke; instead, they insisted he was merely urging gun rights supporters to vote as a bloc against Mrs. Clinton in November. “The Second Amendment people have tremendous power because they are so unite…

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“Kobach uses state plane, government funds to talk at GOP events”

…ollars to fly more than 4,350 miles in the state’s nine-passenger Raytheon King Air 350. Using open records requests to obtain daily logs along with emails and other materials to piece together an accounting of the plane’s usage from Jan. 1, 2015, to March 24 of this year, the AP found several flights by Kobach that appeared to either offer no benefit to Kansas residents or have little connection to official duties. On some trips, Kobach scheduled…

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“Top Recent Downloads in Election Law on SSRN”

…scism-Lite in America (or the Social Ideal of Donald Trump) Ewan McGaughey King’s College London – School of Law Date posted to database: 3 May 2016 Last Revised: 2 Jun 2016 5 89 After Scalia: The Future of United States Election Law Richard L. Hasen University of California, Irvine School of Law Date posted to database: 13 Apr 2016 Last Revised: 13 Apr 2016 6 75 Contemporary Voting Rights Controversies Through the Lens of Disability Rabia Belt St…

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“The Power Canons”

…Review). Here is the abstract: With three recent decisions – UARG v. EPA, King v. Burwell, and Michigan v. EPA – the Supreme Court has embraced a new trio of canons of statutory interpretation. When an agency charged with administering a long-existing statute asserts regulatory authority it has not previously used, in a matter having large economic and political significance, its interpretation will be met with skepticism. When an agency charged…

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“Will Jones Day Drop Donald Trump As A Client?”

…entation. That’s why it made perfect sense for Paul Clement, after leaving King & Spalding, to take his practice to Bancroft, the high-powered boutique known for representing prominent conservative clients. It’s worth noting that McGahn is far from a fixture at Jones Day. He has been at the firm for less than two years; he joined in spring 2014, fleeing the wreckage of Patton Boggs (around the time it got absorbed by Squire Sanders). So it wouldn’…

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“Bernie Sanders Scored Victories for Years via Legislative Side Doors”

…list who has spent a quarter-century in Congress working the side door, tacking on amendments to larger bills that scratch his particular policy itches, generally focused on working-class Americans, income inequality and the environment. Mr. Sanders is not unlike Tea Party Republicans in his tactics, except his are a decaf version. While he is unlikely to turn against his party on important votes, he is most proud of the things he has tried, unsuc…

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“Roundtable – Preparing for Election 2016 in Battleground Jurisdictions”

…e’s reports and speculations. Participants Opening Remarks (2:30 pm) Merle King, Roundtable Moderator; Executive Director, Georgia’s Center for Election Systems, Kennesaw State University Brian Corley, MPA, Supervisor of Elections, Pasco County Florida Honorable Pedro A. Cortés, Pennsylvania Secretary of State Luanne Cutler, Registrar of Voters, Washoe County, Nevada Matt Damschroder, Assistant Secretary of State, Ohio Robert Dezmelyk, Moderator,…

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Must Read: Richard Re on “The New Holy Trinity”

…elf to avoidance, the Court avoids undesirable textual results without invoking the Constitution at all. Indeed, the Court sometimes seems to go out of its way to avoid using avoidance in statutory cases. This apparent methodological shift merits attention…. Interpreters must decide how much textual clarity is necessary to make a text clear. The New Textualism meets that need through a rule: legal ambiguity must be discoverable in text alone. By c…

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Judge Posner Offers “Simpler and Cruder” “Cynical” Response to Abbe Gluck on CJ Roberts in King v. Burwell

…le brevity…. I don’t know Chief Justice Roberts; I am not privy to his thinking. I suppose it’s possible that his decision in the King case was the product of protracted rumination on the academic and other extrajudicial literature on statutory interpretation — the works of H.L.A. Hart and Henry Hart and William Eskridge and John Manning and Felix Frankfurter and Learned Hand and Antonin Scalia and countless others, including Professor Gluck — but…

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“The Arc is Long”

…comes to know King’s self-doubt, Johnson’s orders to have the FBI wiretap King, J. Edgar Hoover’s attempts to undermine King, the raw racism, hatred, and anger of Sherrif Clark, and the worries, fears, and heroism of the civil rights activists. The book is not, as it promises, a full treatment of the “transformation of American Democracy” since the Voting Rights Act. More books are needed to help explain and elucidate the polarized politics that…

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“Remembering Bill Crawford”

…l working as a mail carrier in 1968 when civil rights leader Martin Luther King, Jr. was assassinated. King’s death was “a very traumatic experience” for Crawford, and the then thirty-two-year-old military veteran, who was simultaneously working and attending the Indiana College of Business and Technology under the GI Bill, dropped out of school and left the post office to become involved in various community organizations. Activist Charles “Snook…

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