Since lots of people have asked me:
No, Trump cannot use his executive powers, even in a national emergency, to delay the November 2020 election. Only Congress can set the date of the presidential election.
Yesterday a student brought her 4-year-old to my Election Law class and it was the greatest thing ever. At one point I asked the class "does anyone have any questions?" and she pipped up "can I color?!" Yes, you CAN color!
BREAKING: Kentucky alters some of its election rules for the (delayed) June 23 primary. Some details:
1. EVERY voter may vote via absentee ballot. KY law currently requires an excuse to vote absentee. Any voter can now check "medical emergency" as the reason, citing COVID-19.
BREAKING: KY PASSES NEW PHOTO ID LAW FOR VOTING.
KY House voted to override Gov’s veto of SB 2, photo ID bill for voting.
Barring court order, voters must show a photo ID for the November election. (It is NOT in effect for June primary.)
Cue litigation. 1/
BREAKING: 5th Cir. upholds Texas having only one ballot drop box per county.
Implausibly, the court finds that the Tex. Gov's decision *expands* the right to vote instead of *restricts* it.
Up is down.
Here is the opinion:
Also, Biden didn't actually "take the lead." These votes were always cast. Assuming nothing wild happens, Biden led the whole time. It just looked like he didn't because of the order in which the votes were counted.
🚨This is shocking: Trump apparently "reached out" to the two Republican Wayne County Commissioners. The next day, they signed an affidavit saying they want to rescind their votes to certify the results.
Channeling
@BrendanNyhan
, what you say if you saw this in another country.
THREAD on
#SCOTUS
4-4 decision refusing to intervene in Pennsylvania Supreme Court decision. It's a BIG deal.
Normally, the U.S. Supreme Court won't hear cases from state courts about state law. This decision was under PA state constitution's protection for right to vote. 1/
@RandPaul
This is, umm, exactly what happens with random auditing of elections.
It's even a part of Kentucky law! See KRS 117.383(8).
Maybe learn something about election law before making up lies? I'll even let you audit my class!
-Kentucky election law prof.
It doesn't matter if he doesn't "believe that's by our laws." He's wrong.
There's never an official Election Night "winner."
The law is to count all the ballots. Full stop. That can take some time.
"It would be very very proper and very nice if a winner were declared on November 3rd, instead of counting ballots for two weeks, which is totally inappropriate and I don't believe that that's by our laws. I don't believe that. So we'll see what happens,” Trump before leaving WH.
Told my 8-year-old that KY passed photo ID law for voting.
Her: what if Nov is vote by mail?
Me: voters will have to include photocopy of ID
Her: but what if voters don’t have a printer?
Even she understands why this is nonsense! She’s obv smarter than many KY legislators!
BREAKING:
@KYSecState
delivered recommendations for running Nov election in Kentucky. It’s VERY good news. Let’s walk through the provisions. But here’s the bottom line: anyone who believes they need to vote by mail cause of
#COVID
may do so. 1/
I write in my syllabus (after seeing it from someone else on twitter) that if students have child care issues, they can bring their kids to class. Being a parent shouldn't impede their education. I'm glad my student brought her!
Plus, she'll be a voter in the blink of an eye!
I’m thinking about the hundreds of thousands of Florida citizens with felony convictions who completed their sentences and should have been able to vote but for the Republican legislature and a terrible 11th Cir 6-4 decision that had 5 Trump-appointed judges in the majority.
Someone should write an article about the number of times jurisdictions have been allowed to use an illegal map because there's "not enough time" to create a fair, legal one.
It's happened several times--in Alabama, Louisiana, North Carolina...and now South Carolina.
BREAKING: Federal court allows South Carolina to use its current congressional map for the 2024 election, despite previously ruling that the districts are racially gerrymandered and discriminate against Black voters, because of delays from SCOTUS.
KENTUCKY PRIMARY ELECTION THREAD:
There have been so many national "takes" about the "debacle" that will surely occur on Tuesday in KY. How about we use real numbers and real facts: a thread 1/
@realDonaldTrump
Hi there. Kentucky election law prof here. It wasn’t “bins,” it was 112 ballots. The postal worker was fired (as is proper). The ballots were sent out immediately. All ballots are traced to increase security. And signature matching means no one else could have voted with them.
Senator Paul: please come audit my Election Law class. Then you can learn that absentee voting is a longstanding requirement of Kentucky law (it’s even in our constitution!)
-Kentucky election law prof
How to steal an election: “Seeding an area heavy with potential Democratic votes with as many absentee ballots as possible, targeting and convincing potential voters to complete them in a legally valid way, and then harvesting and counting the results.”
In the strongest terms possible, I call on
@MattBevin
to put up or shut up: provide actual evidence of this supposed voter fraud/election irregularities or stop making unsubstantiated claims. It is dangerous to democracy to undermine the public’s faith in our elections.
This is happening in Arizona, Georgia, Kentucky, New Hampshire, and other places.
There's a renewed assault on the right to vote, using lies of voter fraud to restrict voter access.
We must defeat these attacks on our democracy.
Right now, NH legislature holds a meeting on bill to restrict voting access. Lawmakers are citing just unhinged Trumpian fiction that NH elections are overrun by out-of-state voters & "large-scale fraud" schemed by Tom Steyer.
Listen to next few minutes:
I try to stay non-partisan in my election commentary.
But there aren't two sides to the nonexistence of rampant election fraud. There aren't two sides on whether the loser should agree to a peaceful transfer of power. There aren't two sides to condemning white supremacy.
This is a truly shocking thing to say in a legal filing to the Supreme Court.
The "confusion" about the election is due solely to the president and his allies' refusal to accept defeat.
And the "disruption that may well follow" sure seems like a veiled threat.
NEW: 3rd Circuit affirms district court and rejects challenge to PA election law, holding that the plaintiffs don't have standing (i.e., a legal right to sue). Very thorough, unanimous opinion:
This is laughable, frivolous stuff. There is no serious lawyering going on here. No remotely colorable evidence of fraud. Pay attention to the difference between the outlandish claims made by lawyers in the media versus what they say and submit in court, subject to sanctions.
Americans REALLY need to start being used to not knowing election results right away.
There's no such thing as Election Night anymore. And that's ok. Let's take a deep breath and let the process play out.
Accuracy is more important than speed.
The law is a lot better than when first introduced. Bill sponsors made concessions to make the law more reasonable. I was proud to have a hand in those negotiations.
But there is still no need for this law. It solves no problem and will harm voters. 5/
OK, so can anyone make a reasonable argument why
#SCOTUS
should not live stream all oral arguments? This is going very well.
Transparency is good for democracy. If anything, the Court's legitimacy will improve.
Vacation mask win: last night while walking to pick up our take-out, I was wearing my “vote” mask. Two women passed me. As they passed I heard one say to the other, “oh yeah, I need to register to vote.” 👏🏻👏🏻👏🏻
It opens the door for the U.S. Supreme Court to question how state courts are construing their own state constitutions.
And it means state legislatures might not be constrained by state constitutions!
If you think that's absurd, you're right. 8/
BREAKING: In a late-night ruling, the 5th Circuit Court UPHOLDS Gov. Abbott order that limits counties to 1 mail-in ballot drop-off location.
3-judge panel, all Trump nominees, says Abbott in fact expanded access to voting by allowing drop-offs before election day.
HUGE: Senator Tim Scott says he will vote no on Tom Farr to be a federal judge.
This is great news for voting rights; Farr was strongly in support of NC’s strict voter ID law that the 4th Cir said targeted African-Americans with “almost surgical precision.”
2. Absentee ballot requests or ballots need not have a notarized signature.
3. There will be early in-person voting for up to two weeks before Election Day (starting June 8) for those who must vote in person. Voters will be able to make an appointment to vote early in person.
It's always the voter's fault for not jumping through numerous hoops to cast a ballot. It's never incumbent upon the state to make voting easier.
That's the current state of voting rights law in the federal courts.
Let me be clear: to protect Kentucky's primary election, which is now scheduled for June 23, the state must move to universal vote by mail, or at least no excuse absentee balloting.
KY is one of 17 states that require an excuse to vote absentee. That must change...now.
The State Board is Elections has authority to promulgate rules for an election that has been delayed due to an emergency.
I think requiring all-mail voting would fall under the State Board’s authority in this context.
Oh my goodness. The court says there is no equal protection problem because the "rule" is uniform across the state: one drop box per county.
WHAT ABOUT THE FACT THAT COUNTIES ARE DIFFERENT SIZES?!?!
Mitch McConnell, in March 2016: “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.”
The presidential election is in 46 days.
Based on questions I've received, LOTS of people are really worried about making mistakes on their mail-in ballot.
But remember that in Kentucky, county clerks MUST contact any voter before rejecting a ballot to allow a voter to cure the error.
BREAKING: 5th Cir. upholds Texas having only one ballot drop box per county.
Implausibly, the court finds that the Tex. Gov's decision *expands* the right to vote instead of *restricts* it.
Up is down.
Here is the opinion:
Sure, let's focus on one line to obscure the damning substantive testimony she gave.
Also, though people can disagree on whether it was poor taste to bring him up at all, was this an "attack" on Barron? "So while the president can name his son Barron, he can’t make him a baron.”
Turnout in Fayette County (Lexington):
2015: 71,010 (33%)
2019: 113,413 (47%)
Bevin lost the county in 2015 by 55-40%. Tonight: 66%-33%, with much higher turnout.
#KYGov
#KYElections
This tidbit is in the middle of the AP story. Not sure why it's not the lede.
Of course, it's not clear how Trump "reached out" and it's from an anonymous source.
Still...shouldn't *this* be the story?
I’m imagining what would be happening if it were Black people across the nation defying stay-at-home orders and demonstrating in large groups against the law.
Riot units would be breaking up rallies. Tear gas would be flying. Jails would be filling up. Trump would be raging.
13. This is a bipartisan agreement between
@KYSecState
and
@GovAndyBeshear
. They should be commended to working together in a collaborative way to make it easier for Kentuckians to vote. State Board of Elections will promulgate final regs to implement this process.
McConnell and others should have spoken up to declare Biden the President-Elect weeks ago.
Their failure to act is deafening and leads to these kinds of actions.
It is going to be extremely difficult for state to educate voters, educate poll workers, and ensure everyone has a photo ID in a few months. Some voters will likely be disenfranchised--for no good reason as there is NO in-person voter fraud in KY elections. 8/
I'm genuinely shocked at the numbers coming out of Fayette (Lexington) in
#KYGov
. The incumbent, Matt Bevin, earned 27,788 votes in Fayette in 2015. He's at 34,154 right now with 90% of precincts reporting, but Beshear is at 67,711 (compared to 38,220 for Dem Conway in 2015).
One of the two major political parties has retaliated against two of its members for investigating a deadly insurrection against American democracy.
Unbelievable.
CNN: Republican National Committee members voted to formally censure GOP Reps. Liz Cheney and Adam Kinzinger for their involvement with the House investigation of the Jan. 6 attack.
If these numbers hold, Republicans will have won all statewide races in Kentucky except Governor.
Just shows how much people did not like Bevin. Perhaps teachers did "remember in November."
#KYGov
#kyelection
4. There will be limited in-person voting on Election Day. Again, voters can make an appointment. Counties are directed to adopt drive-through voting where they can. Goal is to minimize contact between poll workers and voters as much as possible.
Pay attention to this footnote. It's a continued attack on the ability of the U.S. Constitution to vigorously protect the right to vote, suggesting that laws that direct the voting process aren't actually about the "right to vote."
Yep, U.S. Supreme Court could review decisions of state courts under state constitutions. Why is this a big deal?
Fed. court rulings on right to vote has been very narrow (see my earlier thread tonight!).
But 49 of 50 state constitutions include affirmative right to vote. 6/
My prayers are with
@RepAndyBarr
, his children, and his entire family. This is an unimaginable loss. While we may disagree politically, we’re both family men and I can’t fathom the pain he must be experiencing right now.
2 House Republicans tell me they expect as of now that at least 140 Republican Members of the House will on Jan 6 object to and vote against the Electoral College results showing President-elect Biden won
The law requires voters to show KY-issued photo ID, fed gov’t issued photo ID, or know poll worker. If latter, poll workers must sign affidavit saying they know voter’s identity and residence in precinct.
Student IDs (any state) will count.
IDs don't need expiration date. 2/
As of 11am, voters waited 5+ hours to cast ballots @ the main Cobb Co. early polling location (736 Whitlock Ave, Marietta). Some seemed unbothered by the line. “It doesn’t matter how long it takes…we’re voting like our life depends on it,“ said a voter.
#gavotes
@11AliveNews
It is just so disingenuous for the court to argue that the Texas Gov's Oct 1 order, which explicitly forbid counties to use more than one drop box after several counties announced they would do so, actually "expands" the right to vote.
Wow. In his concurrence, Judge Ho would go further and restore Texas's even more restrictive voting laws--disregarding the Governor's order that moved up early voting.
What's the point of courts if they will just rubber stamp violations of the constitutional right to vote?
Kavanaugh: "If the District Court’s judgment is eventually affirmed after appellate review, the injunction can take effect for congressional elections that occur after 2022."
Translation: it's perfectly ok to harm minority voting rights for at least one election cycle!
So while today's 4-4 ruling dodges a bullet for now, that bullet is coming very soon.
State constitutions were a strong protector of the constitutional right to vote. That could be undermined if the Court goes down this path. 12/
BREAKING: Kentucky Senate overrides Governor's veto of SB 2, the law requiring a photo ID to vote. The vote in the Senate was 27-6.
It now moves to the House.
@realDonaldTrump
This tweet should be removed by Twitter as misleading and dangerously undermining the integrity of the election.
There's nothing surprising about counting every ballot.
The PA Supreme Court had extended absentee ballot deadline due to pandemic, saying the PA Constitution's "free and equal" clause required expanded voter access.
That should have ended the matter. 2/
And this, my friends, is a major reason why McConnell has been so insistent on filling the federal courts--and why he is pushing the confirmation of Judge Barrett so quickly. She *could* impact 2020 election litigation after all. /end
If a voter shows up to polls without photo ID (and poll worker doesn't know them) but has non-photo ID like social security card or credit card, they can fill out “reasonable impediment” affidavit saying why they don’t have a photo ID and can then vote via regular ballot. 3/
In addition—and this is HUGE—counties must notify voters regarding ANY rejected ballot and give that voter an opportunity to cure the error. That means that missing signature, mismatched signature, removal of flap, etc. can all be cured--by 6 days after election. 10/
Courts in other states have delayed implementation of photo ID laws passed in an election year. And that wasn't during a pandemic! So there is good case law to delay KY's law. But, of course, we will see. 10/
Dem results in Fayette (Lexington) are huge, as compared to 2015. Could this be a reverse-Trump effect? Maybe Trump's visit energized Dems even more... 🤷♂️
#kygov
#kyelection
But state should have kept in "catch-all" on the reasonable impediment form so a voter could use it if they have another reason not on the form for not having a photo ID, like fear of COVID.
It also should have delayed implementation to 2021. 7/
HAWLEY IS LYING! The PA Supreme Court issued a decision on Sept. 17 in which it acknowledged the (Republican-controlled) legislature's intent to make it easier to vote.
KY will essentially run election in 3 stages. First is vote-by-mail. Online portal to request a mail-in ballot will open on Aug. 21. Voters will have until Oct. 9 to request a ballot. Though an “excuse” is needed, any voter can say they want to vote by mail cause of
#COVID
. 2/
Four Justices (Thomas, Alito, Gorsuch, Kavanaugh) would have granted request to hear the case. They signaled they are open to hearing cases from state supreme courts, which had construed state constitutions.
Guess what happens when you add a 5th vote from Justice Barrett? 5/
5. Counties can reduce some in-person voting sites and can consider Vote Centers. Hope and goal is that most voters will use mail-in process. In-person voting must follow CDC guidelines. Counties can use drive-in voting so poll workers don't come into contact with voters.
🚨Absentee voters must provide photocopy of their ID or fill out the reasonable impediment form. But it is not clear under the law that “fears of contracting COVID” will count. Law used to have a “catch-all” on the form (at my request) but it was stripped at last minute. 4/
There will surely be litigation over this law, especially for implementation this Nov. The battle is still not over.
@KYSecState
said he wanted to avoid state being enmeshed in litigation. That's unlikely given legis took out catch-all and pushed this forward for November. 9/
The added concessions include elimination of a requirement that IDs have an expiration date (expired IDs will now count), and ability of voters to use reasonable impediment form and cast regular ballot at polls if they don't have photo ID. That's good. 6/
My heart goes out to Andy and his two daughters over the tragic loss of Carol. They are in our prayers. While we were political competitors, we are Kentuckians first. I hope they feel the love of many and we wish him great strength during this very trying time.
6. There will be an online portal for voters to request an absentee ballot. Requests must be made by June 16, which is one week before Election Day. Voters can also request absentee ballots through normal means (phone, email, etc.)
THREAD: What's takeaway from
#KYPrimary
?
-KY's voting rules were less restrictive than ever and turnout was high. That doesn't excuse problems, but let's at least recognize that fact.
We absolutely need no excuse absentee voting and early voting for Nov. 1/
🚨Reporters writing about Trump's latest lawsuit in PA to stop certification of result:
If your beginning, middle, and end doesn't explain that they have no facts, no legal argument, and only seek to wrongfully undermine people's faith in the election, you're doing it wrong.
Just because the Trump campaign is filing lawsuits doesn't mean we need to go crazy over them. As far as I can tell (so far), none have any merit. Don't report on them as if they do.
7. Absentee ballots must be received by poll closing time on Election Day. BUT ballots postmarked by Election Day but arriving within three days after Election Day will count. (I'm pushing them to extend this to received even later, which they are considering).
"I'm urging my supporters to go into the polls and watch very carefully."
Unless they are there to vote, Trump has just encouraged his supporters to violate state and federal law.
@RandPaul
Shame on you. There's literally no evidence of election fraud in this year's election.
Senator, feel free to visit my Election Law class for non-partisan, truthful information about how our elections are run. You may be surprised.
By the way, I REALLY wonder what happened behind the scenes on this one. It was pending for a long time to have it come out as a 4-4 decision with no opinion. 🤷♂️ /end+1
BREAKING AND UNBELIEVABLE:
The Kentucky House has just passed HB 574, a major improvement to Kentucky election law, by a 93-4 vote.
Hugely bipartisan. Hugely positive. Bill expands some voter expansions with enhanced security. It's a win-win.