Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight CNS stories for today including the world is recording its highest daily infection counts since the World Health Organization declared the novel coronavirus a pandemic seven months ago ; A federal judge refused to give Floridians extra time to register to vote but blasted state officials for being unprepared ; Most voters prefer Joe Biden over President Donald Trump on major issues and key personality traits , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly @ @ @ @ @ @ @ 1 . )
A majority of U.S. voters prefer Democratic presidential candidate Joe Biden over President Donald Trump on most major issues and key personality traits , according to a Pew Research Center survey released Friday .
2 . )
Spurred by industry members to crack down on aluminum dumping , the Trump administration announced tariffs Friday against 18 countries .
3 . )
Twitter announced fundamental changes to its platform intended to prevent political candidates from making false claims about victories on Election Day .
4 . )
A federal judge refused @ @ @ @ @ @ @ register to vote despite a massive computer malfunction on the last day of registration , but he blasted state officials for being unprepared .
5 . )
Hurricane Delta is expected to make landfall Friday night in roughly the same area of southwest Louisiana that was ravaged by Hurricane Laura six weeks ago , leaving in its path downed trees and power lines and knocking out windows and power to hundreds of thousands of homes .
6 . )
A ballot measure aimed at ending cash bail in California has civil rights groups @ @ @ @ @ @ @ .
7 . )
Voters have complained of a range of issues with Virginia ’ s ballot tracking system , including some who said they never received their absentee ballot in the mail .
8 . )
With new cases surging in Europe , the world is recording its highest daily infection counts since the World Health Organization declared the novel coronavirus a pandemic seven months ago .

Top eight CNS stories for today including the world is recording its highest daily infection counts since the World Health Organization declared the novel coronavirus a pandemic seven months ago; A federal judge refused to give Floridians extra time to register to vote but blasted state officials for being unprepared; Most voters prefer Joe Biden over President Donald Trump on major issues and key personality traits, and more.
Your Friday night briefing from the staff of Courthouse News
Top eight CNS stories for today including the world is recording its highest daily infection counts since the World Health Organization declared the novel coronavirus a pandemic seven months ago; A federal judge refused to give Floridians extra time to register to vote but blasted state officials for being unprepared; Most voters prefer Joe Biden over President Donald Trump on major issues and key personality traits, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) A majority of U.S. voters prefer Democratic presidential candidate Joe Biden over President Donald Trump on most major issues and key personality traits, according to a Pew Research Center survey released Friday.
FILE - This combination of Sept. 29, 2020, file photos show President Donald Trump, left, and former Vice President Joe Biden during the first presidential debate at Case Western University and Cleveland Clinic, in Cleveland, Ohio. The Commission on Presidential Debates says the second Trump-Biden debate will be ‘virtual’ amid concerns about the president's COVID-19. (AP Photo/Patrick Semansky, File)
2.) Spurred by industry members to crack down on aluminum dumping, the Trump administration announced tariffs Friday against 18 countries.
FILE - In this Dec. 8, 2013 file photo, steel beams sit outside Arena de Sao Paulo in Sao Paulo, Brazil. President Donald Trump on Dec. 2, 2019 accused Brazil and Argentina of hurting American farmers through currency manipulation and said he’ll slap tariffs on their steel and aluminum imports to retaliate. (AP Photo/Ferdinand Ostrop, File)
3.) Twitter announced fundamental changes to its platform intended to prevent political candidates from making false claims about victories on Election Day.
The Twitter app icon is shown on April 26, 2017, on a mobile phone in Philadelphia. According to a study released on Thursday, Jan. 24, 2019, a tiny fraction of Twitter users spread the vast majority of fake news in 2016, with conservatives and older people sharing misinformation more. (AP Photo/Matt Rourke, File)
Regional
4.) A federal judge refused Friday to give Floridians extra time to register to vote despite a massive computer malfunction on the last day of registration, but he blasted state officials for being unprepared.
Voters prepare to turn in their mail-in ballots, Tuesday, Oct. 6, 2020, at the Miami-Dade County Elections Department in Doral, Fla. Florida Gov. Ron DeSantis extended the state’s voter registration deadline after heavy traffic crashed the state’s online system and potentially prevented thousands of enrolling to cast ballots in next month’s presidential election. (AP Photo/Wilfredo Lee)
5.) Hurricane Delta is expected to make landfall Friday night in roughly the same area of southwest Louisiana that was ravaged by Hurricane Laura six weeks ago, leaving in its path downed trees and power lines and knocking out windows and power to hundreds of thousands of homes.
This Thursday, Oct. 8, 2020, satellite image released by NASA Worldview, Earth Observing System Data and Information System (EOSDIS) shows Hurricane Delta. Forecasts showed Delta had strengthened back into a Category 3 hurricane, expecting to arrive Louisiana on Friday evening. (NASA via AP)
6.) A ballot measure aimed at ending cash bail in California has civil rights groups at odds over what should replace it.
(Pixabay image via Courthouse News)
7.) Voters have complained of a range of issues with Virginia’s ballot tracking system, including some who said they never received their absentee ballot in the mail.
FILE - In this Tuesday, Aug. 18, 2020, file photo, a person drops applications for mail-in-ballots into a mail box in Omaha, Neb. U.S. Postal Service warnings that it can’t guarantee ballots sent by mail will arrive on time have put a spotlight on the narrow timeframes most states allow to request and return those ballots. (AP Photo/Nati Harnik, File)
International
8.) With new cases surging in Europe, the world is recording its highest daily infection counts since the World Health Organization declared the novel coronavirus a pandemic seven months ago.


courthousenews--2020-10-10--Judge Blocks Texas Governor’s Order Limiting Ballot Drop-Off Boxes

AUSTIN , Texas ( CN ) — A federal judge late Friday blocked Republican Texas Governor Greg Abbott ’ s Covid-19 order limiting absentee ballot drop-off boxes to one per county , concluding the closure violates the equal protection rights of absentee voters in larger , more populated counties so close to the Nov. 3 election .
U.S. District Judge Robert Pitman — an appointee of Barack Obama — issued the preliminary injunction against Abbott ’ s Oct. 1 order , writing that it violates voters ’ First and Fourteenth Amendment rights .
“ Since Governor Abbott closed previously-sanctioned centers @ @ @ @ @ @ @ ) confusion resulting from a voter trying to cast a ballot at a center she thought was open — because it used to be — but which is now closed or ( 2 ) confusion resulting from a voter trying to cast a ballot at a center that she thought was recently closed but is now open again , ” the 46-page opinion states .
“ Between these two choices , the court is of the opinion that the second scenario is the more favorable and just choice : it is the only @ @ @ @ @ @ @ likely reduces confusion on the eve of an election , and it results in a greater chance that a ballot can be cast at a ballot return center that was previously available to voters — after being vetted as safe and secure and publicly touted as a viable option to exercise voting rights.
” Two individual voters , the League of United Latin American Citizens , its Texas chapter and the League of Women Voters of Texas sued Abbott , claiming the order amounts to voter suppression in larger , Democrat-controlled counties .
@ @ @ @ @ @ @ voter security fears are phony , that little evidence exists of election fraud and that absentee voters must still submit identification and sign a roster before dropping off their ballot .
The judge ’ s order will most notably affect Travis and Harris counties , who had operated 4 and 12 respective drop-off sites before Abbott ’ s closure order .
Harris County Clerk Chris Hollins said on Oct. 2 that he can reopen the county ’ s closed sites “ at the drop of a dime ” if the lawsuit is successful @ @ @ @ @ @ @ the closures forces older and disabled voters in such counties to travel farther “ to more crowded ballot return centers where they would be at an increased risk of being infected by the coronavirus in order to exercise their right to vote and have it counted.
” The judge also agreed with the plaintiffs ’ concerns about voters being disenfranchised with the U.S .
Postal Service ’ s well-publicized issues with delivering ballots on time to election officials .
“ Since Texas state voting deadlines are currently ‘ incongruous ’ with USPS guidelines @ @ @ @ @ @ @ timely deliver ballots , absentee voters who request mail-in ballots within the Texas timeframe can not be assured that their votes will be counted , ” the opinion states .
“ [ T ] he Oct. 1 order imposes a burden on an already vulnerable voting population that is somewhere between ‘ slight ’ and ‘ severe.
’ ” Pitman said Abbott ’ s order could have been justified in the face of that burden if a “ relevant and legitimate ” state interest — in this case election security — was sufficiently @ @ @ @ @ @ @ The state advances only vague interest in promoting ballot security and uniformity , and alleviating voter confusion , ” the opinion states .
“ [ T ] he court finds that defendants have not presented any credible evidence that their interests outweigh these burdens.
” Texas Attorney General Ken Paxton , LULAC , the League of Women ’ s Voters and the American Civil Liberties Union of Texas did not immediately respond to email messages requesting comment late Friday evening .
Abbott is expected to appeal .
Harris County and Travis County officials @ @ @ @ @ @ @ office hours .
Gilberto Hinojosa , chairman of the Texas Democratic Party , applauded the judge ’ s “ common sense order ” that follows established law .
“ [ He ] stopped the governor from making up election rules after the election started , ” Hinojosa said in a statement .
“ Frankly , it ought to be a shock to all of us that such a ruling is even required.
” The judge ’ s ruling comes one day after he held an hours-long virtual hearing on Zoom in consideration of @ @ @ @ @ @ @ attorneys argued the governor has actually acted to expand voter access during the Covid-19 pandemic , not suppress voters .
They reminded the judge that Abbott also ordered the start of early voting up to Oct. 13 from Oct. 19 — an order that was deeply unpopular with Texas Republicans , many of whom sued him for it .
Plaintiffs ’ attorney Luis Vera of San Antonio disagreed , saying the Texas GOP “ wants one set of rules for [ the ] one party they represent and one set of rules for @ @ @ @

A federal judge late Friday blocked Republican Texas Governor Greg Abbott’s Covid-19 order limiting absentee ballot drop-off boxes to one per county, concluding the closure violates the equal protection rights of absentee voters in larger, more populated counties so close to the Nov. 3 election.
AUSTIN, Texas (CN) — A federal judge late Friday blocked Republican Texas Governor Greg Abbott’s Covid-19 order limiting absentee ballot drop-off boxes to one per county, concluding the closure violates the equal protection rights of absentee voters in larger, more populated counties so close to the Nov. 3 election.
U.S. District Judge Robert Pitman — an appointee of Barack Obama — issued the preliminary injunction against Abbott’s Oct. 1 order, writing that it violates voters’ First and Fourteenth Amendment rights.
“Since Governor Abbott closed previously-sanctioned centers, there is confusion: (1) confusion resulting from a voter trying to cast a ballot at a center she thought was open — because it used to be — but which is now closed or (2) confusion resulting from a voter trying to cast a ballot at a center that she thought was recently closed but is now open again,” the 46-page opinion states.
“Between these two choices, the court is of the opinion that the second scenario is the more favorable and just choice: it is the only choice that restores the status quo and likely reduces confusion on the eve of an election, and it results in a greater chance that a ballot can be cast at a ballot return center that was previously available to voters — after being vetted as safe and secure and publicly touted as a viable option to exercise voting rights.”
Two individual voters, the League of United Latin American Citizens, its Texas chapter and the League of Women Voters of Texas sued Abbott, claiming the order amounts to voter suppression in larger, Democrat-controlled counties.
They contend Abbott’s claim of voter security fears are phony, that little evidence exists of election fraud and that absentee voters must still submit identification and sign a roster before dropping off their ballot.
The judge’s order will most notably affect Travis and Harris counties, who had operated 4 and 12 respective drop-off sites before Abbott’s closure order. Harris County Clerk Chris Hollins said on Oct. 2 that he can reopen the county’s closed sites “at the drop of a dime” if the lawsuit is successful.
Pitman agreed with the plaintiffs that the closures forces older and disabled voters in such counties to travel farther “to more crowded ballot return centers where they would be at an increased risk of being infected by the coronavirus in order to exercise their right to vote and have it counted.”
The judge also agreed with the plaintiffs’ concerns about voters being disenfranchised with the U.S. Postal Service’s well-publicized issues with delivering ballots on time to election officials.
“Since Texas state voting deadlines are currently ‘incongruous’ with USPS guidelines on how much time is needed to timely deliver ballots, absentee voters who request mail-in ballots within the Texas timeframe cannot be assured that their votes will be counted,” the opinion states. “[T]he Oct. 1 order imposes a burden on an already vulnerable voting population that is somewhere between ‘slight’ and ‘severe.’”
Pitman said Abbott’s order could have been justified in the face of that burden if a “relevant and legitimate” state interest — in this case election security — was sufficiently weighted to justify the burden.
“The state advances only vague interest in promoting ballot security and uniformity, and alleviating voter confusion,” the opinion states. “[T]he court finds that defendants have not presented any credible evidence that their interests outweigh these burdens.”
Texas Attorney General Ken Paxton, LULAC, the League of Women’s Voters and the American Civil Liberties Union of Texas did not immediately respond to email messages requesting comment late Friday evening. Abbott is expected to appeal.
Harris County and Travis County officials could not be reached for comment after office hours.
Gilberto Hinojosa, chairman of the Texas Democratic Party, applauded the judge’s “common sense order” that follows established law.
“[He] stopped the governor from making up election rules after the election started,” Hinojosa said in a statement. “Frankly, it ought to be a shock to all of us that such a ruling is even required.”
The judge’s ruling comes one day after he held an hours-long virtual hearing on Zoom in consideration of the preliminary injunction. Abbott’s attorneys argued the governor has actually acted to expand voter access during the Covid-19 pandemic, not suppress voters.
They reminded the judge that Abbott also ordered the start of early voting up to Oct. 13 from Oct. 19 — an order that was deeply unpopular with Texas Republicans, many of whom sued him for it.
Plaintiffs’ attorney Luis Vera of San Antonio disagreed, saying the Texas GOP “wants one set of rules for [the] one party they represent and one set of rules for the others.”


PG&E

SAN FRANCISCO — California officials seized electrical equipment from Pacific Gas & Energy in an investigation into whether the utility @ @ @ @ @ off the Zogg Fire in Northern California , according to PG & E documents released @ @

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


courthousenews--2020-10-10--Ninth Circuit Rules Federal Agents Can’t Target Journalists at Portland Protests

PORTLAND , Ore. ( CN ) — Federal agents are once again restrained from targeting journalists and legal observers for assault and arrest during ongoing protests against police brutality and systemic racism — at least while the Ninth Circuit considers the government ’ s appeal .
Daily protests have become the norm in Portland , in the months since Minneapolis police killed George Floyd by kneeling on his neck for nearly nine minutes .
Protesters , medics and members of the press have filed numerous legal actions challenging police and federal agents over their copious use of tear gas , @ @ @ @ @ @ @ “ less lethal ” weapons .
In August , journalists and legal observers won an injunction barring federal agents from assaulting them and requiring them to wear unique identifying numbers .
The government appealed , and a motions panel for the Ninth Circuit Court of Appeals stayed the lower court ’ s injunction .
In a split ruling , the majority wrote that the federal government faced “ irreparable harm ” from the ruling , and that it was likely correct when it argued that journalists can ’ t be exempt from orders @ @ @ @ @ @ @ follow .
But on Friday , a three-judge panel for the Ninth Circuit , once again divided , lifted the stay and reinstated the lower court ’ s injunction .
Judge Johnnie Rawlinson , a Clinton appointee , and Judge Morgan Christen , who was appointed by Obama , denied the government ’ s request for an emergency stay of the restraining order .
Judge Diarmuid O ’ Scannlain , who was appointed by President Ronald Reagan , wrote a dissenting opinion .
Contrary to the fanfare of an early August announcement from @ @ @ @ @ @ @ left Portland .
Oregon Governor Kate Brown brokered a deal with the federal government for Oregon State Troopers to temporarily take over the protection of federal buildings like the Mark O. Hatfield Federal Courthouse , where protests had become centered .
Since then , Portland Police have taken over for state troopers , in part due to state police anger over the policy of a newly elected district attorney who has decided not to pursue low-level charges against protesters .
But the federal officers Gov .
Brown called an “ occupying force ” @ @ @ @ @ @ @ Circuit noted in Friday ’ s order , “ it is clear that the federal agents have remained in Portland.
” The majority pointed to a statement from Acting Secretary of DHS Chad Wolf , who said “ no determination of timetables for reduction in protective forces has yet been made.
” The court ruled that the injunction was necessary because the threat of injury was not theoretical , and was part of a persistent and ongoing pattern .
“ Plaintiffs introduced powerful evidence of the federal defendants ’ ongoing , sustained pattern @ @ @ @ @ @ @ to members of the press , ” Rawlinson and Christen wrote , including “ twelve pages solely dedicated to factual findings that describe in detail dozens of instances in which the federal defendants beat plaintiffs with batons , shot them with impact munitions , and pepper sprayed them.
” The government didn ’ t dispute the claim that its agents were the ones behind all those violent incidents .
It just claimed that the journalists hadn ’ t shown that federal agents were motivated by the desire to stop them from reporting — @ @ @ @ @ @ @ chill journalists ’ First Amendment rights .
But the judges pointed to dozens of documented incidents where federal agents shot directly at journalists clearly marked as press with rubber bullets and pepper spray , often hitting them squarely on their press badge or on block letters affixed to their clothing , spelling out the word “ PRESS.
” Friday ’ s order even contemplates whether the allegations are grounds for a so-called Bivens claim , which requires evidence of intentional misconduct .
“ Because the district court ’ s findings include so many @ @ @ @ @ @ @ near protesters while photographing and observing the federal defendants ’ actions , they provide exceptionally strong evidentiary support for the district court ’ s finding that some of the federal defendants were motivated to target journalists in retaliation for plaintiffs ’ exercise of their First Amendment rights , ” Rawlinson and Christen wrote .
“ Indeed , in response to this shocking pattern of misconduct , the dissent contemplates that plaintiffs ’ allegations may well support Bivens actions and claims of excessive force against individual federal agents.
” Judge Simon ’ s injunction @ @ @ @ @ @ @ in an area after police and federal agents had ordered protesters to disperse .
The government argued that essentially gave the press “ special ” First Amendment rights .
But the Ninth Circuit brushed off that claim , saying the injunction simply found that it was not necessary for federal agents to disperse journalists in order to protect federal property .
Journalists , on the other hand , have a vital role to play during and after dispersal orders .
“ Public demonstrations and protests are clearly protected by the First Amendment , @ @ @ @ @ @ @ press and general public is not a public demonstration , ” the majority wrote .
And they noted the democratic function of recording and publicizing police actions .
“ Just as streets and sidewalks historically have been recognized as being open to the public , the press has long been understood to play a vitally important role in holding the government accountable , ” Rawlinson and Christen wrote .
“ Indeed , the public became aware of the circumstances surrounding George Floyd ’ s death because citizens standing on a sidewalk exercised their @ @ @ @ @ @ @ officer kneeling on Floyd ’ s neck until he died.
” In his dissent , Judge O ’ Scannlain painted a wholly different picture , casting the largely peaceful protests as “ riots and destructive mob violence , resulting , inevitably , in crowd dispersal actions by law enforcement.
” O ’ Scannlain questioned the value of protecting journalists ’ rights under the First Amendment to observe police actions during an era of extended civil unrest and increasing conflict between local and federal authorities .
“ Protests and resulting riots are simply not @ @ @ @ @ @ @ public access may be claimed , ” O ’ Scannlain wrote .
He offered a remarkable metaphor for the “ doctrine ” of legal opinions protecting journalists ’ right to access public places for reporting purposes : “ If the majority ’ s reasoning here is any indication , the doctrine is growing haphazardly , like a weed in an untended garden , presaging conflict with more established legal rights and powers , ” O ’ Scannlain wrote .
“ This doctrinal disorder warrants further review.
” Friday ’ s order resolves the @ @ @ @ @ @ @ Judge Simon ’ s injunction .
But it does not resolve the government ’ s appeal of its motion to dismiss the case against it .
It may be months before the Ninth Circuit rules on the appeal and hands the case back to Judge Simon .
But for now , the majority endorsed Judge Simon ’ s finding that , while federal agents may do what ’ s necessary to protect federal property , they do not have authority to clear Portland ’ s streets .
They added that Simon might consider @ @ @ @ @ @ @ disperse protesters .
“ We need not precisely define the limits of the Federal Defendants ’ authority in order to resolve their emergency motion , but it can not be debated that the United States Constitution reserves the general police power to the states , and the district court found that the Federal Defendants “ routinely have left federal property and engaged in crowd control and other enforcement on the streets , sidewalks , and parks of the City of Portland .
”

Federal agents are once again restrained from targeting journalists and legal observers for assault and arrest during ongoing protests against police brutality and systemic racism — at least while the Ninth Circuit considers the government’s appeal.
PORTLAND, Ore. (CN) — Federal agents are once again restrained from targeting journalists and legal observers for assault and arrest during ongoing protests against police brutality and systemic racism — at least while the Ninth Circuit considers the government’s appeal.
Daily protests have become the norm in Portland, in the months since Minneapolis police killed George Floyd by kneeling on his neck for nearly nine minutes. Protesters, medics and members of the press have filed numerous legal actions challenging police and federal agents over their copious use of tear gas, rubber bullets, flash bangs and other “less lethal” weapons.
In August, journalists and legal observers won an injunction barring federal agents from assaulting them and requiring them to wear unique identifying numbers.
The government appealed, and a motions panel for the Ninth Circuit Court of Appeals stayed the lower court’s injunction. In a split ruling, the majority wrote that the federal government faced “irreparable harm” from the ruling, and that it was likely correct when it argued that journalists can’t be exempt from orders to disperse that the general public must follow.
But on Friday, a three-judge panel for the Ninth Circuit, once again divided, lifted the stay and reinstated the lower court’s injunction. Judge Johnnie Rawlinson, a Clinton appointee, and Judge Morgan Christen, who was appointed by Obama, denied the government’s request for an emergency stay of the restraining order. Judge Diarmuid O’Scannlain, who was appointed by President Ronald Reagan, wrote a dissenting opinion.
Contrary to the fanfare of an early August announcement from local officials, federal agents have not left Portland.
Oregon Governor Kate Brown brokered a deal with the federal government for Oregon State Troopers to temporarily take over the protection of federal buildings like the Mark O. Hatfield Federal Courthouse, where protests had become centered.
Since then, Portland Police have taken over for state troopers, in part due to state police anger over the policy of a newly elected district attorney who has decided not to pursue low-level charges against protesters. But the federal officers Gov. Brown called an “occupying force” are still here.
As the Ninth Circuit noted in Friday’s order, “it is clear that the federal agents have remained in Portland.” The majority pointed to a statement from Acting Secretary of DHS Chad Wolf, who said “no determination of timetables for reduction in protective forces has yet been made.”
The court ruled that the injunction was necessary because the threat of injury was not theoretical, and was part of a persistent and ongoing pattern.
“Plaintiffs introduced powerful evidence of the federal defendants’ ongoing, sustained pattern of conduct that resulted in numerous injuries to members of the press,” Rawlinson and Christen wrote, including “twelve pages solely dedicated to factual findings that describe in detail dozens of instances in which the federal defendants beat plaintiffs with batons, shot them with impact munitions, and pepper sprayed them.”
The government didn’t dispute the claim that its agents were the ones behind all those violent incidents. It just claimed that the journalists hadn’t shown that federal agents were motivated by the desire to stop them from reporting — that they weren’t trying to chill journalists’ First Amendment rights.
But the judges pointed to dozens of documented incidents where federal agents shot directly at journalists clearly marked as press with rubber bullets and pepper spray, often hitting them squarely on their press badge or on block letters affixed to their clothing, spelling out the word “PRESS.”
Friday’s order even contemplates whether the allegations are grounds for a so-called Bivens claim, which requires evidence of intentional misconduct.


courthousenews--2020-10-10--Texas AG Closes Controversial Investigation Amid Bribery Accusations

AUSTIN , Texas ( CN ) — Embattled Texas Attorney General Ken Paxton abruptly closed an investigation Friday into the FBI and Texas Rangers on behalf of a campaign donor that resulted in Paxton ’ s senior staff publicly accusing him of corruption last week .
Paxton — a Republican — announced the closure hours after Travis County District Attorney Margaret Moore called him out , stating in a one-page letter that “ newly surfaced information raises serious concerns about the integrity of your investigation and the propriety of your conducting it.
” Moore had confirmed Thursday that Paxton personally @ @ @ @ @ @ @ Austin real estate investor Nate Paul and Paul ’ s attorney to complain about the FBI and Rangers investigating Paul .
Moore ’ s office then referred the complaint back to Paxton ’ s office on June 10 .
“ [ W ] e concluded that ours was not the appropriate office to either address the matters raised in the complaint or to conduct an investigation into them , ” Moore wrote Friday .
“ My office has closed this file and will take no further action .
Furthermore , I have instructed @ @ @ @ @ @ @ with you or your office regarding this matter.
” Federal Election Commission records indicate Paul has been a frequent donor to Republican candidates since 2018 , including U.S .
Representatives Chip Roy and Michael McCaul , U.S .
Senator John Cornyn and the WinRed political action committee .
Seven of Paxton ’ s senior staff asked federal officials on Oct. 1 to investigate him for possible bribery and abuse of office charges after Paxton appointed Houston attorney Brandon Cammack as special prosecutor to handle the Paul investigation .
Paxton ’ s staffers mutinied @ @ @ @ @ @ @ jury issue subpoenas targeting Paul ’ s creditors last month .
Deputy Attorney General J .
Mark Penley — one of the seven senior staffers — filed a motion to quash the subpoenas on Oct. 2 , which was granted within hours .
“ He is not properly authorized to act as a special prosecutor , and … has no authority to appear before the grand jury or issue grand jury subpoenas , ” Penley ’ s motion to quash stated .
Paxton has steadfastly denied any wrongdoing and refused to resign , @ @ @ @ @ @ @ “ impeded the investigation.
” Paxton said Wednesday that the decision to ultimately prosecute rests with Moore ’ s office and that his office has investigation authority only .
“ Despite the effort by rogue employees and their false allegations I will continue to seek justice in Texas and will not be resigning , ” Paxton said on Oct. 5 .
Texas Republican leaders have remained largely quiet about the allegations against Paxton , with Governor Greg Abbott and Lieutenant Governor Dan Patrick refusing to comment until an investigation is complete .
Congressman @ @ @ @ @ @ @ must resign “ for the good of the people of Texas and the extraordinary public servants ” in the attorney general ’ s office .
Roy served as Paxton ’ s initial first assistant until he was asked to resign in 2015 .
He was later elected to Congress in 2018 .
Doubts over Paxton ’ s ethics have dogged him for over five years .
A Collin County grand jury charged Paxton in August 2015 with two first-degree felony counts of securities fraud and a third-degree felony count of failing to register @ @ @ @ @ @ @ his time in the Texas House .
Prosecutors claim Paxton urged investors to invest $ 600,000 in technology firm Servergy without disclosing he would earn a commission and misrepresented he was investing in the McKinney-based company .
Paxton faces up to 99 years in state prison if convicted .
The criminal case has been stuck in pretrial for over five years as the case has been moved to Harris County and back while Paxton has launched several attempts at having the judge removed .
In the meantime , the case did not prevent @ @ @ @ @ @ @ as attorney general .
He narrowly won reelection in 2018 with 50.6 % of the vote over Democrat Justin Nelson .
Paxton has repeatedly denied the criminal charges against him , blaming his political opponents for retaliating against him for opposing policies by then-President Barack Obama .
The U.S. Securities and Exchange Commission filed a similar civil lawsuit against Paxton in April 2016 in federal court in Dallas over the Servergy matter .
A federal judge dismissed that lawsuit six months later , finding Paxton “ did not have a legal obligation to @ @ @ @ @ @ @ firm ’ s investors .
One year later , a Dallas-area district attorney launched an ethics probe into Paxton accepting a $ 100,000 gift for his legal defense fund from James Webb , leader of a company that was being investigated for Medicaid fraud .

Embattled Texas Attorney General Ken Paxton abruptly closed an investigation Friday into the FBI and Texas Rangers on behalf of a campaign donor that resulted in Paxton’s senior staff publicly accusing him of corruption last week.
AUSTIN, Texas (CN) — Embattled Texas Attorney General Ken Paxton abruptly closed an investigation Friday into the FBI and Texas Rangers on behalf of a campaign donor that resulted in Paxton’s senior staff publicly accusing him of corruption last week.
Paxton — a Republican — announced the closure hours after Travis County District Attorney Margaret Moore called him out, stating in a one-page letter that “newly surfaced information raises serious concerns about the integrity of your investigation and the propriety of your conducting it.”
Moore had confirmed Thursday that Paxton personally approached her office with campaign donor and Austin real estate investor Nate Paul and Paul’s attorney to complain about the FBI and Rangers investigating Paul. Moore’s office then referred the complaint back to Paxton’s office on June 10.
“[W]e concluded that ours was not the appropriate office to either address the matters raised in the complaint or to conduct an investigation into them,” Moore wrote Friday. “My office has closed this file and will take no further action. Furthermore, I have instructed my employees to have no further contact with you or your office regarding this matter.”
Federal Election Commission records indicate Paul has been a frequent donor to Republican candidates since 2018, including U.S. Representatives Chip Roy and Michael McCaul, U.S. Senator John Cornyn and the WinRed political action committee.
Seven of Paxton’s senior staff asked federal officials on Oct. 1 to investigate him for possible bribery and abuse of office charges after Paxton appointed Houston attorney Brandon Cammack as special prosecutor to handle the Paul investigation. Paxton’s staffers mutinied after Cammack had a Travis County grand jury issue subpoenas targeting Paul’s creditors last month.
Deputy Attorney General J. Mark Penley — one of the seven senior staffers — filed a motion to quash the subpoenas on Oct. 2, which was granted within hours.
“He is not properly authorized to act as a special prosecutor, and … has no authority to appear before the grand jury or issue grand jury subpoenas,” Penley’s motion to quash stated.
Paxton has steadfastly denied any wrongdoing and refused to resign, claiming he hired Cammack because his staff “impeded the investigation.” Paxton said Wednesday that the decision to ultimately prosecute rests with Moore’s office and that his office has investigation authority only.
“Despite the effort by rogue employees and their false allegations I will continue to seek justice in Texas and will not be resigning,” Paxton said on Oct. 5.
Texas Republican leaders have remained largely quiet about the allegations against Paxton, with Governor Greg Abbott and Lieutenant Governor Dan Patrick refusing to comment until an investigation is complete.
Congressman Roy said on Oct. 5 that Paxton must resign “for the good of the people of Texas and the extraordinary public servants” in the attorney general’s office. Roy served as Paxton’s initial first assistant until he was asked to resign in 2015. He was later elected to Congress in 2018.
Doubts over Paxton’s ethics have dogged him for over five years. A Collin County grand jury charged Paxton in August 2015 with two first-degree felony counts of securities fraud and a third-degree felony count of failing to register with the Texas State Securities Board from his time in the Texas House.
Prosecutors claim Paxton urged investors to invest $600,000 in technology firm Servergy without disclosing he would earn a commission and misrepresented he was investing in the McKinney-based company.
Paxton faces up to 99 years in state prison if convicted. The criminal case has been stuck in pretrial for over five years as the case has been moved to Harris County and back while Paxton has launched several attempts at having the judge removed.
In the meantime, the case did not prevent Paxton from serving his entire first term as attorney general. He narrowly won reelection in 2018 with 50.6% of the vote over Democrat Justin Nelson.
Paxton has repeatedly denied the criminal charges against him, blaming his political opponents for retaliating against him for opposing policies by then-President Barack Obama.
The U.S. Securities and Exchange Commission filed a similar civil lawsuit against Paxton in April 2016 in federal court in Dallas over the Servergy matter. A federal judge dismissed that lawsuit six months later, finding Paxton “did not have a legal obligation to disclose his financial arrangements” to the firm’s investors.
One year later, a Dallas-area district attorney launched an ethics probe into Paxton accepting a $100,000 gift for his legal defense fund from James Webb, leader of a company that was being investigated for Medicaid fraud.


courthousenews--2020-10-10--Judge Refuses to Reinstate Fortnite Game on Apple Devices

OAKLAND , Calif. ( CN ) — Calling its decision breach an allegedly anticompetitive contract with Apple a “ self-inflicted wound , ” a federal judge on Friday refused to reinstate Epic Games ’ popular Fortnite game on the app store for millions of Apple device users .
Presiding over a lawsuit challenging Apple ’ s practice of taking a 30 % cut on all in-app purchases , U.S. District Judge Yvonne Gonzalez Rogers found more evidence is needed to determine if Apple ’ s conduct truly violates antitrust laws .
In the meantime , she said it would be @ @ @ @ @ @ @ app makers breach their contracts by sidestepping Apple ’ s in-app purchasing system while also enjoying the benefits of those contracts .
“ Epic Games can not simply exclaim ‘ monopoly ’ to rewrite agreements giving itself unilateral benefit , ” Gonzalez Rogers wrote in a 39-page ruling partly denying Epic Games ’ request for a preliminary injunction .
But the judge also found that Apple went too far in restricting apps created by Epic Games ’ affiliates .
“ Apple ’ s reaching into separate agreements with separate entities appears to be @ @ @ @ @ @ @ not been otherwise breached , ” Gonzalez Rogers wrote .
Though she analyzed more evidence and arguments than were presented for Epic Games ’ motion for a temporary restraining order in August , Gonzalez Rogers reached the same conclusions .
The judge noted that at the time Epic Games decided to breach its contract by launching its own in-app payments system , a separate class action was already pending over Apple ’ s allegedly monopolistic control over the iOS app market .
The judge said Epic Games failed to sufficiently justify why it @ @ @ @ @ @ @ of waiting for the legal issues to play out in court .
“ Epic Games has never adequately explained its rush , other than its disdain for the situation , ” Gonzalez Rogers wrote .
“ The current predicament is of its own making.
” Epic Games has acknowledged that no technical issues prevent it from deactivating its in-app payment system for the Fortnite game and complying with Apple ’ s terms of service .
Gonzalez Rogers said she even offered to place Apple ’ s 30 % fees for in-app purchases in @ @ @ @ @ @ @ resolved , an offer that Epic Games “ flatly rejected.
” “ The refusal to do so suggests Epic Games is not principally concerned with iOS consumers , but rather , harbors other tactical motives , ” the judge wrote .
Epic Games argued that it has suffered reputation harm and seen a 60 % decline in iOS users for its Fortnite game .
Those who still play spend significantly fewer hours on the app since they are stuck using an earlier version and unable to play with other users , Epic Games @ @ @ @ @ @ @ that because Epic Games created the situation , “ a self-inflicted wound ” can not serve as the basis for irreparable harm .
The judge said she has empathy for Fortnite players who can not access the latest version of the game on iOS , “ especially so during these continued difficult times that is the COVID-19 pandemic era , where gaming and virtual worlds are both social and safe.
” But the judge found there is a “ significant public interest in requiring parties to adhere to their contractual agreements or in @ @ @ @ @ @ @ ” Turning to Apple ’ s decision to restrict apps offered by Epic Games ’ affiliates , Gonzalez Rogers found the case for a preliminary injunction more compelling .
Apple blocked Unreal Engine , a game engine used by third-party developers to create games .
The game engine is distributed by a subsidiary of Epic Games and operates under a separate licensing agreement with Apple .
“ Apple ’ s aggressive targeting of separate contracts in an attempt to eradicate Epic Games and its affiliates fully from the iOS platform was unnecessary and @ @ @ @ @ @ @ ” Gonzalez Rogers wrote .
The judge further found that the ongoing pandemic has demonstrated a need for “ substantial digital and virtual innovation ” and that the legal dispute between Apple and Epic “ should not create havoc to bystanders , ” such as third-party app developers .
In keeping with mandates issued in her prior temporary restraining order , Gonzalez Rogers refused to make Apple reinstate the Fortnite app but blocked the Cupertino-based tech giant from restricting other apps offered by Epic Games ’ affiliates .
Attorneys for Apple and Epic @ @ @ @ @ @ @ for comment Friday .
In 2019 , Fortnite garnered $ 1.8 billion in proceeds for Epic Games , according to Nielsen .
The CEO of Epic Games , Tim Sweeney , reported that Fortnite has attracted more than 250 million players .
Epic Games also has a lawsuit pending against Google , which , like Apple , kicked Fortnite off its Google Play store in August after Epic Games started letting its users bypass the payment system that lets Google collect fees on each in-app purchase .

Calling its decision to breach an allegedly anticompetitive contract with Apple a “self-inflicted wound,” a federal judge on Friday refused to reinstate Epic Games’ popular Fortnite game on the app store for millions of Apple device users.
OAKLAND, Calif. (CN) — Calling its decision to breach an allegedly anticompetitive contract with Apple a “self-inflicted wound,” a federal judge on Friday refused to reinstate Epic Games’ popular Fortnite game on the app store for millions of Apple device users.
Presiding over a lawsuit challenging Apple’s practice of taking a 30% cut on all in-app purchases, U.S. District Judge Yvonne Gonzalez Rogers found more evidence is needed to determine if Apple’s conduct truly violates antitrust laws.
In the meantime, she said it would be unfair to let Epic Games and other app makers breach their contracts by sidestepping Apple’s in-app purchasing system while also enjoying the benefits of those contracts.
“Epic Games cannot simply exclaim ‘monopoly’ to rewrite agreements giving itself unilateral benefit,” Gonzalez Rogers wrote in a 39-page ruling partly denying Epic Games’ request for a preliminary injunction.
But the judge also found that Apple went too far in restricting apps created by Epic Games’ affiliates.
“Apple’s reaching into separate agreements with separate entities appears to be retaliatory, especially where these agreements have not been otherwise breached,” Gonzalez Rogers wrote.
Though she analyzed more evidence and arguments than were presented for Epic Games’ motion for a temporary restraining order in August, Gonzalez Rogers reached the same conclusions.
The judge noted that at the time Epic Games decided to breach its contract by launching its own in-app payments system, a separate class action was already pending over Apple’s allegedly monopolistic control over the iOS app market.
The judge said Epic Games failed to sufficiently justify why it needed to take such bold action instead of waiting for the legal issues to play out in court.
“Epic Games has never adequately explained its rush, other than its disdain for the situation,” Gonzalez Rogers wrote. “The current predicament is of its own making.”
Epic Games has acknowledged that no technical issues prevent it from deactivating its in-app payment system for the Fortnite game and complying with Apple’s terms of service.
Gonzalez Rogers said she even offered to place Apple’s 30% fees for in-app purchases in an escrow account until the case gets resolved, an offer that Epic Games “flatly rejected.”
“The refusal to do so suggests Epic Games is not principally concerned with iOS consumers, but rather, harbors other tactical motives,” the judge wrote.
Epic Games argued that it has suffered reputation harm and seen a 60% decline in iOS users for its Fortnite game. Those who still play spend significantly fewer hours on the app since they are stuck using an earlier version and unable to play with other users, Epic Games told the judge.
Gonzalez Rogers concluded that because Epic Games created the situation, “a self-inflicted wound” cannot serve as the basis for irreparable harm.
The judge said she has empathy for Fortnite players who cannot access the latest version of the game on iOS, “especially so during these continued difficult times that is the COVID-19 pandemic era, where gaming and virtual worlds are both social and safe.”
But the judge found there is a “significant public interest in requiring parties to adhere to their contractual agreements or in resolving business disputes through the normal course.”
Turning to Apple’s decision to restrict apps offered by Epic Games’ affiliates, Gonzalez Rogers found the case for a preliminary injunction more compelling.
Apple blocked Unreal Engine, a game engine used by third-party developers to create games. The game engine is distributed by a subsidiary of Epic Games and operates under a separate licensing agreement with Apple.
“Apple’s aggressive targeting of separate contracts in an attempt to eradicate Epic Games and its affiliates fully from the iOS platform was unnecessary and imperiled a thriving third-party developer ecosystem,” Gonzalez Rogers wrote.
The judge further found that the ongoing pandemic has demonstrated a need for “substantial digital and virtual innovation” and that the legal dispute between Apple and Epic “should not create havoc to bystanders,” such as third-party app developers.
In keeping with mandates issued in her prior temporary restraining order, Gonzalez Rogers refused to make Apple reinstate the Fortnite app but blocked the Cupertino-based tech giant from restricting other apps offered by Epic Games’ affiliates.
Attorneys for Apple and Epic Games did not immediately return email requests for comment Friday.
In 2019, Fortnite garnered $1.8 billion in proceeds for Epic Games, according to Nielsen. The CEO of Epic Games, Tim Sweeney, reported that Fortnite has attracted more than 250 million players.
Epic Games also has a lawsuit pending against Google, which, like Apple, kicked Fortnite off its Google Play store in August after Epic Games started letting its users bypass the payment system that lets Google collect fees on each in-app purchase.


Police Chase

NEW ORLEANS — A federal court in Louisiana dismissed a civil rights suit against New Orleans , its police department @ @ @ @ @ were involved in a high speed chase that killed two minors when the car they @ @ @ @ @ a beauty salon setting it on fire and killing a woman inside .
The officers @ @ @ @ @ the pursuit and deactivating their body cameras , but the plaintiff failed to plausibly state @ @ @ @ @ violation .


District Attorneys

ATLANTA — A Georgia law that allows a district attorney appointed by the governor to “ serve beyond the remainder @ @ @ @ @ of the prior district attorney ” violates the state Constitution , the state ’ s @ @ @ @ @ decision means voters in Athens-Clarke and Oconee County will be able to vote for their @ @ @ @ @ 3 general election .


Waste Management

CHEYENNE , Wyo .
— A federal court in Wyoming struck down the Bureau of Land Management ’ s regulations @ @ @ @ @ of natural gas during oil and gas production activities on federal and Indian leases , @ @ @ @ @ its statutory authority .


Ballot Drop Boxes

CINCINNATI — The Sixth Circuit stayed an injunction that prohibited Ohio ’ s secretary of state from enforcing his directive @ @ @ @ @ only at offices of county boards of elections , finding that the district court improperly @ @ @ @ @ an election and in disregard for Ohio ’ s important state interests .
”


Juvenile Sentencing

PHOENIX — Consecutive sentences imposed for separate crimes that exceed a juvenile ’ s life expectancy are not prohibited , @ @ @ @ @ , despite U.S. Supreme Court rulings that forbid mandatory life sentences for juvenile homicide offenders @ @ @ @ @ offenders to be sentenced to life in prison for non-homicidal crimes .


courthousenews--2020-10-10--Coronavirus Looms Over Presidential Fight for Wisconsin

( CN ) — Once the canary in the coal mine for pandemic voting , Wisconsin ’ s outsized importance in November ’ s general election is set against raging coronavirus activity in the state and the daunting logistics and legal fights over how to handle an unprecedented number of mail-in absentee ballots .
Both President Donald Trump and Democratic challenger Joe Biden have placed the Badger State battleground on a pedestal as a linchpin to victory .
Trump won Wisconsin over Hillary Clinton in 2016 by less than 23,000 votes , the first time a Republican presidential candidate took @ @ @ @ @ @ @ .
Both campaigns have spent serious cash in Wisconsin , and a recent influx of ads and high-profile visits illustrate the gravity of carrying America ’ s Dairyland and collecting its 10 electoral votes .
Trump has relied on a more pronounced ground game thus far , while Biden has opted for a virtual approach that prioritizes advertising , which the campaign casts mainly as a Covid-19 precaution .
Biden and Trump each came to the city of Kenosha in early September , where violent protests erupted after 29-year-old Jacob Blake , a @ @ @ @ @ @ @ back seven times by a white Kenosha police officer .
Trump toured torched businesses and hammered on law and order ; Biden stressed unity and hope during a town hall event at a local church .
Polls , including one released by Marquette University Law School on Wednesday , have mostly shown Biden with a modest but persistent lead over the president in Wisconsin .
Wednesday ’ s Marquette poll had Biden as the choice of 46 % of likely voters compared to Trump ’ s 41 % support and 4 % support @ @ @ @ @ @ @ are somewhat surprised by the consistency of Biden ’ s lead , but they also don ’ t believe it is indicative of an overwhelming love for Biden among a voter base entrenched in their respective partisan ideologies .
Barry Burden , professor of political science and founding director of the Elections Research Center at the University of Wisconsin , said “ the polls are really showing a lot of stability in voters ’ preferences , and voters seem to have made up their minds , ” contrasting with 2016 when polls were @ @ @ @ @ @ @ Biden ’ s support in liberal urban centers like Milwaukee and Madison against Trump ’ s strong base in rural northern regions of the state and the counties immediately north and west of Milwaukee .
But the professor noted that “ Trump is still struggling a bit in the suburbs , ” where he ’ s not faring as well as popular conservatives like former two-term Republican Governor Scott Walker .
Smaller to medium sized cities like Neenah and Sheboygan are trending toward Biden , Burden said , and both candidates are paying @ @ @ @ @ @ @ ’ s Fox River Valley near Green Bay .
Michael Moran , chair of the Democratic Party of Brown County where Green Bay is located said , “ Brown is interesting because it has Green Bay but it also has a lot of rural areas ” with farms that “ have been devastated by Trump ’ s trade wars.
” Poll results are not everything for Moran , who offered that “ the polls could say anything and I don ’ t think we ’ d let our foot off the gas until @ @ @ @ @ @ @ Party of Wisconsin Andrew Hitt is also not married to polls and remains confident of the president ’ s odds .
Hitt brought up the race in 2016 , when a Marquette poll had Trump down by six points two days before the election , a time when many surveys considered Wisconsin a safe win for Clinton .
“ As we compare 2016 to 2020 , we ’ d say we ’ re in a pretty similar boat now as we were then , so we feel very good about the state of @ @ @ @ @ @ @ who nevertheless acknowledged it will be very close .
The Republican chairman said Trump ’ s strengths with voters lie in issues of the economy and law and order , whereas Democrats “ by and large are primarily motivated by Covid and , quite frankly , an opposition to Trump.
” Of the two candidates ’ approaches to campaigning in Wisconsin , Hitt said “ Democrats are up in the clouds in a virtual world and we ’ re on the ground , ” reaching out to voters .
Trump ’ s strength @ @ @ @ @ @ @ his most fervent supporters at bombastic rallies , but that was brought to a screeching halt late last week when he cancelled two rallies slated for Green Bay and La Crosse after the White House revealed he , the First Lady and multiple staffers had tested positive for Covid-19 .
Moran , who represents liberals in an area particularly ravaged by Wisconsin ’ s recent virus surge , said Trump ’ s diagnosis proved that Covid-19 is “ extremely real ” and he is distressed that “ it ’ s almost as if @ @ @ @ @ @ @ worlds , ” one where Covid-19 is real and one where it is not .
Wisconsin set a new daily record on Thursday with 3,132 confirmed cases of the virus and more than 900 hospitalizations .
The state Department of Health Services reported Thursday a total of 141,830 coronavirus cases in the state , with 1,424 deaths so far .
In the past week Democratic Governor Tony Evers limited indoor public gatherings and announced that part of Wisconsin State Fair Park south of Milwaukee in West Allis will be used as a field @ @ @ @ @ @ @ starting next Wednesday .
Lawmakers in the GOP-controlled Wisconsin Legislature have stalled on a statewide response to the virus since the Wisconsin Supreme Court struck down an extension to Evers ’ lockdown order in May and said any coronavirus plan needs to run through the Legislature .
Local conservatives are also fighting Evers ’ recent mask mandate in court .
Mordecai Lee , an emeritus professor at the University of Wisconsin-Milwaukee who spent more than a decade in both chambers of the state Legislature as a Democrat , does not believe Biden ’ @ @ @ @ @ @ @ solid , saying Wisconsin is “ sort of Biden ’ s to lose ” but that the race remains “ mostly a dead heat.
” But the coronavirus will likely remain an unavoidable campaign issue , Lee said .
“ If there ’ s one thing that affects how people vote , it ’ s the question of ‘ how does this affect me ?
’ ” Lee offered .
“ [ Coronavirus ] is the thing that ’ s in every Wisconsinites ’ everyday life.
” All civic life everywhere has been @ @ @ @ @ @ @ aspect has been more potently and pressingly affected as voting .
Wisconsin has been embroiled for months in litigation over election procedures ever since the state ’ s chaotic April primary , when voters geared up in masks and gloves and braved long lines to vote in person on Election Day in the early weeks of the pandemic .
The matter , for now , was settled by the Seventh Circuit Wednesday when the appeals court halted an expansion to absentee voting ordered by a district court judge in September , which Republicans @ @ @ @ @ @ @ confirmed less than four weeks ahead of Nov. 3 , election officials like those in Milwaukee are preparing as best as they can .
During a press event Wednesday at the Milwaukee Election Commission ’ s main warehouse where it is currently packing and handling returned absentee ballots , commission chief Claire Woodall-Vogg laid out the extensive preparations for handling hundreds of thousands of absentee ballots , at least 40,000 of which have already been returned .
On a state level , the Wisconsin Elections Commission has gotten more than 1.2 million absentee @ @ @ @ @ @ @ 3.5 million registered voters , and as of Friday more than 646,000 absentee ballots were reported as returned statewide .
Milwaukee ’ s election commission is stocked with more than 200 voting machines to be divvied between 173 polling places for Election Day , around 400 plexiglass shields and 12 tabulating machines at a separate central counting facility taking up a floor of office space the size of a city block downtown .
Voters will be able to utilize 15 early voting locations as well as 15 secure drop boxes peppered throughout the @ @ @ @ @ @ @ and checked daily by teams of two .
Experts and election officials resoundingly agree on one thing : getting accurate results even by the early hours of Nov. 4 is a tall task , and voters need to be patient .
Under Wisconsin law , clerks can not begin to count the expected glut of absentee ballots until the morning of Election Day , and current law does not give them any extra time to count them .
Woodall-Vogg said last-minute changes to Wisconsin ’ s election laws are “ unfortunately nothing new @ @ @ @ @ @ @ surprised if they wake up the morning of Nov. 4 to discover tens of thousands of “ new ” votes counted , which is due to election officials racing to catch up and count absentee ballots .
Burden and Lee agree that voters ’ commonplace reliance on binding results the night of Election Day is simply untenable this year .
Burden said “ voters need to change their expectations of what we can know on election night or the next day , ” especially this year .
Lee agreed that results have never @ @ @ @ @ @ @ night of the election , but added that additional discrepancies with things like postmarks , witness addresses and signature verification could leave the door open to contesting ballot legitimacy .
“ If it ’ s close…there will be an embarrassment of riches for attorneys to go to court , ” Lee said .
An APM Reports analysis from July showed that technical errors caused 23,000 ballots to be rejected and thrown out during Wisconsin ’ s April primary — the same margin Trump won by in 2016 .

The Republican chairman said Trump’s strengths with voters lie in issues of the economy and law and order, whereas Democrats “by and large are primarily motivated by Covid and, quite frankly, an opposition to Trump.”
Of the two candidates’ approaches to campaigning in Wisconsin, Hitt said “Democrats are up in the clouds in a virtual world and we’re on the ground,” reaching out to voters.
Trump’s strength no doubt lies in broadcasting directly to his most fervent supporters at bombastic rallies, but that was brought to a screeching halt late last week when he cancelled two rallies slated for Green Bay and La Crosse after the White House revealed he, the First Lady and multiple staffers had tested positive for Covid-19.
Moran, who represents liberals in an area particularly ravaged by Wisconsin’s recent virus surge, said Trump’s diagnosis proved that Covid-19 is “extremely real” and he is distressed that “it’s almost as if we’re living in two separate worlds,” one where Covid-19 is real and one where it is not.
Wisconsin set a new daily record on Thursday with 3,132 confirmed cases of the virus and more than 900 hospitalizations. The state Department of Health Services reported Thursday a total of 141,830 coronavirus cases in the state, with 1,424 deaths so far.
Voting signs gathered at the Milwaukee Election Commission warehouse. (Courthouse News photo / Joe Kelly)
In the past week Democratic Governor Tony Evers limited indoor public gatherings and announced that part of Wisconsin State Fair Park south of Milwaukee in West Allis will be used as a field hospital for patient overflow from overwhelmed hospitals starting next Wednesday.
Lawmakers in the GOP-controlled Wisconsin Legislature have stalled on a statewide response to the virus since the Wisconsin Supreme Court struck down an extension to Evers’ lockdown order in May and said any coronavirus plan needs to run through the Legislature. Local conservatives are also fighting Evers’ recent mask mandate in court.
Mordecai Lee, an emeritus professor at the University of Wisconsin-Milwaukee who spent more than a decade in both chambers of the state Legislature as a Democrat, does not believe Biden’s lead in the polls is rock solid, saying Wisconsin is “sort of Biden’s to lose” but that the race remains “mostly a dead heat.”
But the coronavirus will likely remain an unavoidable campaign issue, Lee said.
“If there’s one thing that affects how people vote, it’s the question of ‘how does this affect me?’” Lee offered. “[Coronavirus] is the thing that’s in every Wisconsinites’ everyday life.”
All civic life everywhere has been disrupted by Covid-19, but perhaps no aspect has been more potently and pressingly affected as voting.
Ballot materials arranged at Milwaukee Election Commission warehouse. (Courthouse News photo / Joe Kelly)
Wisconsin has been embroiled for months in litigation over election procedures ever since the state’s chaotic April primary, when voters geared up in masks and gloves and braved long lines to vote in person on Election Day in the early weeks of the pandemic.
The matter, for now, was settled by the Seventh Circuit Wednesday when the appeals court halted an expansion to absentee voting ordered by a district court judge in September, which Republicans rigidly opposed.
With election laws seemingly confirmed less than four weeks ahead of Nov. 3, election officials like those in Milwaukee are preparing as best as they can.
During a press event Wednesday at the Milwaukee Election Commission’s main warehouse where it is currently packing and handling returned absentee ballots, commission chief Claire Woodall-Vogg laid out the extensive preparations for handling hundreds of thousands of absentee ballots, at least 40,000 of which have already been returned.
On a state level, the Wisconsin Elections Commission has gotten more than 1.2 million absentee ballot requests from Wisconsin’s roughly 3.5 million registered voters, and as of Friday more than 646,000 absentee ballots were reported as returned statewide.
Milwaukee’s election commission is stocked with more than 200 voting machines to be divvied between 173 polling places for Election Day, around 400 plexiglass shields and 12 tabulating machines at a separate central counting facility taking up a floor of office space the size of a city block downtown.
Voters will be able to utilize 15 early voting locations as well as 15 secure drop boxes peppered throughout the area, which are under 24-hour surveillance and checked daily by teams of two.
Experts and election officials resoundingly agree on one thing: getting accurate results even by the early hours of Nov. 4 is a tall task, and voters need to be patient.
A ballot drop box is seen outside of the Milwaukee Election Commission warehouse in October 2020. (Joe Kelly/Courthouse News)
Under Wisconsin law, clerks cannot begin to count the expected glut of absentee ballots until the morning of Election Day, and current law does not give them any extra time to count them.
Woodall-Vogg said last-minute changes to Wisconsin’s election laws are “unfortunately nothing new” and asked voters not to be surprised if they wake up the morning of Nov. 4 to discover tens of thousands of “new” votes counted, which is due to election officials racing to catch up and count absentee ballots.
Burden and Lee agree that voters’ commonplace reliance on binding results the night of Election Day is simply untenable this year.
Burden said “voters need to change their expectations of what we can know on election night or the next day,” especially this year.
Lee agreed that results have never really been “official” on the night of the election, but added that additional discrepancies with things like postmarks, witness addresses and signature verification could leave the door open to contesting ballot legitimacy.
“If it’s close…there will be an embarrassment of riches for attorneys to go to court,” Lee said.
An APM Reports analysis from July showed that technical errors caused 23,000 ballots to be rejected and thrown out during Wisconsin’s April primary — the same margin Trump won by in 2016.


courthousenews--2020-10-10--Florida Appeals Court Backs Governor Order Requiring In-Person Schooling

TALLAHASSEE , Fla. ( CN ) — A state appeals court sided with Florida ’ s governor on Friday in a teacher ’ s union-backed lawsuit challenging an executive order requiring in-person instruction in public schools .
All of Florida ’ s school districts opened brick-and-mortar schools in August , so the three-judge panel ’ s decision will not substantially affect the school year .
“ If school districts exercised that option , students who preferred to return to the classroom would once again need to shift to online classes — even if online instruction did not serve their mental @ @ @ @ @ @ @ ” Judge Lori Rowe wrote in a decision joined by Judges Thomas Winokur and Harvey Jay .
“ Parents who chose to send their children back to the classroom would lose the right to choose the best education setting for their children , ” Lowe wrote in the 31-page opinion released late Friday .
“ And many parents would be left scrambling to find adequate daycare for their children.
” The judges also surmised that an injunction on the order could affect federal funding and cause confusion among parents and children if school @ @ @ @ @ @ @ .
“ And thus , an injunction would not serve the public interest , ” Lowe wrote .
Florida Commissioner of Education Richard Corcoran issued an executive order on July 6 that requires all brick-and-mortar schools to reopen next month for at least five days per week .
Parents can choose to continue virtual learning .
The Florida Education Association filed the initial complaint in Miami-Dade Circuit Court against Cocoran , Governor Ron DeSantis , Florida Commissioner of Education Richard Corcoran , the Florida Board of Education and Carlos Gimenez , the mayor @ @ @ @ @ @ @ teachers and parents also joined the lawsuit as plaintiffs .
The litigation was subsequently moved to Leon County , home to the state ’ s capitol , Tallahassee .
The union claimed opening brick-and-mortar schools violated the Florida Constitution , which mandates the “ safe ” operation of public schools .
The union maintained opening the schools is “ arbitrary , dangerous , dangerous , and unconstitutional actions in the midst of the pandemic create an imminent threat to the public health , safety and welfare.
” The governor ’ s office and @ @ @ @ @ @ @ immediately respond to a request to comment .
In previous statements , Corcoran and DeSantis have stressed schools should give parents the choice of in-person learning for their children or virtual learning .
In late August , the circuit court sided with the state ’ s largest teachers union Monday and threw out a Florida Department of Education order mandating in-person learning at schools .
“ The districts have no meaningful alternative , ” Dodson wrote in his 17-page order granting the Florida Education Association ’ s request for a temporary injunction .
@ @ @ @ @ @ @ safety , that is , delaying the start of schools until it individually determines it is safe to do so for its county , it risks losing state funding , even though every student is being taught.
” During the two-day hearing , some teachers said their school districts were forcing them to teach students in-person without regard to their unique situations .
“ If there is no change , I ’ m going to have to explain class by class I can ’ t return , ” said James Lis , a @ @ @ @ @ @ @ who helps care for his 81-year-old mother-in-law .
“ No , I ’ m not going .
I have chosen my kids , my students over so many difficult things , but I can ’ t put my family at risk.
” Dodson ’ s decision did not automatically close schools — most of which were already open — but allowed local school boards to make a determination without the fear of losing state funding .
Some schools in the state experienced outbreaks as schools opened , but the number of coronavirus cases @ @ @ @

A state appeals court sided with Florida’s governor on Friday in a teacher’s union-backed lawsuit challenging an executive order requiring in-person instruction in public schools.
TALLAHASSEE, Fla. (CN) — A state appeals court sided with Florida’s governor on Friday in a teacher’s union-backed lawsuit challenging an executive order requiring in-person instruction in public schools.
All of Florida’s school districts opened brick-and-mortar schools in August, so the three-judge panel’s decision will not substantially affect the school year.
The order reversed a ruling by Leon County Circuit Judge Charles Dodson.
“If school districts exercised that option, students who preferred to return to the classroom would once again need to shift to online classes — even if online instruction did not serve their mental, physical, or emotional needs,” Judge Lori Rowe wrote in a decision joined by Judges Thomas Winokur and Harvey Jay.
“Parents who chose to send their children back to the classroom would lose the right to choose the best education setting for their children,” Lowe wrote in the 31-page opinion released late Friday. “And many parents would be left scrambling to find adequate daycare for their children.”
The judges also surmised that an injunction on the order could affect federal funding and cause confusion among parents and children if school boards had to hastily reshape their plans.
“And thus, an injunction would not serve the public interest,” Lowe wrote.
Florida Commissioner of Education Richard Corcoran issued an executive order on July 6 that requires all brick-and-mortar schools to reopen next month for at least five days per week. Parents can choose to continue virtual learning.
The Florida Education Association filed the initial complaint in Miami-Dade Circuit Court against Cocoran, Governor Ron DeSantis, Florida Commissioner of Education Richard Corcoran, the Florida Board of Education and Carlos Gimenez, the mayor of Miami-Dade County.
A group of teachers and parents also joined the lawsuit as plaintiffs. The litigation was subsequently moved to Leon County, home to the state’s capitol, Tallahassee.
The union claimed opening brick-and-mortar schools violated the Florida Constitution, which mandates the “safe” operation of public schools.
The union maintained opening the schools is “arbitrary, dangerous, dangerous, and unconstitutional actions in the midst of the pandemic create an imminent threat to the public health, safety and welfare.”
The governor’s office and the teacher’s union did not immediately respond to a request to comment.
In previous statements, Corcoran and DeSantis have stressed schools should give parents the choice of in-person learning for their children or virtual learning.
In late August, the circuit court sided with the state’s largest teachers union Monday and threw out a Florida Department of Education order mandating in-person learning at schools.
“The districts have no meaningful alternative,” Dodson wrote in his 17-page order granting the Florida Education Association’s request for a temporary injunction. “If an individual school district chooses safety, that is, delaying the start of schools until it individually determines it is safe to do so for its county, it risks losing state funding, even though every student is being taught.”
During the two-day hearing, some teachers said their school districts were forcing them to teach students in-person without regard to their unique situations.
“If there is no change, I’m going to have to explain class by class I can’t return,” said James Lis, a high school science teacher in Orlando, who helps care for his 81-year-old mother-in-law. “No, I’m not going. I have chosen my kids, my students over so many difficult things, but I can’t put my family at risk.”
Dodson’s decision did not automatically close schools — most of which were already open — but allowed local school boards to make a determination without the fear of losing state funding.
That decision was quickly appealed.
Some schools in the state experienced outbreaks as schools opened, but the number of coronavirus cases statewide is down.


courthousenews--2020-10-10--Ninth Circuit Blocks Construction of Trump’s Border Wall

( CN ) — The Ninth Circuit on Friday ruled that President Donald Trump ’ s allocation of military funds for construction of his border wall was illegal , upholding a December 2019 ruling from a federal judge .
In 2019 , U.S. District Judge Haywood Gilliam granted summary judgment to a slew of states and advocacy groups seeking to halt construction of the southern border wall .
After Congress gave Trump $ 1.3 billion instead of his requested $ 5.7 billion for border wall funding , the president invoked the National Emergencies Act to declare an emergency at the @ @ @ @ @ @ @ said that over $ 3 billion reserved for construction projects within the military would instead go to border wall construction sites in four different states .
Ruling 2-1 , the Ninth Circuit panel found that the diversion of funds to be unlawful and sidestepped the constitutional separation of powers , including the legislative branch ’ s control of funding .
“ Particularly in the context of this case , where Congress declined to fund the very projects at issue and attempted to terminate the declaration of a national emergency ( twice ) , @ @ @ @ @ @ @ give the Executive Branch unfettered discretion to divert funds to any land it deems under military jurisdiction , ” wrote Chief Circuit Judge Sidney Thomas , a Bill Clinton appointee .
The court rejected the federal government ’ s interpretation of the National Emergencies Act that would allow them to build the wall under “ other activities.
” “ As demonstrated by this case , this would allow the Federal Defendants to redirect funds at will without regard for the normal appropriations process , ” Thomas wrote .
“ Although we recognize that @ @ @ @ @ @ @ owe great deference to the decisions of the Executive , the particular circumstances of this case require us to take seriously the limitations of the text of Section 2808 and to hold the Executive to them , ” he added .
The Ninth Circuit decision lifts a stay on the federal court ’ s order , putting an immediate stop to all border wall construction .
U.S .
Circuit Judge Daniel Collins , a Trump appointee , dissented from the majority , claiming that the court went too far to determine the scope @ @ @ @ @ @ @ ’ s contrary conclusion rests on the implicit view that this court gets to substitute its own view of when the armed forces are needed in a national emergency for the view of the President as stated in the emergency declaration , ” Collins wrote .
“ We applaud the Court for putting a stop to this desperate attempt by President Trump to steal public funds to build his unauthorized wall at the border , ” Becerra said in a statement Saturday .
“ This victory shows it doesn ’ t pay to @ @ @ @ @ @ @ to fund the President ’ s wall , and we fought back against his illegal money grab because your public funds should not be spent on Trump ’ s pet project.
” Gloria Smith , managing attorney with Sierra Club , also celebrated the ruling .
“ We should be protecting communities , our democracy , and the environment , not tearing these things apart as Trump was doing , ” she said in a statement .
“ We rise with border communities to stop this administration from further inflicting its relentless agenda @ @ @ @ @ @ @ at all levels.
” The White House did not immediately comment on the decision .
Thomas and Collins were joined on the panel by U.S .
Circuit Judge Kim McLane Wardlaw , a Bill Clinton appointee .

The Ninth Circuit on Friday ruled that President Donald Trump's allocation of military funds for construction of his border wall was illegal, upholding a December 2019 ruling from a federal judge.
(CN) — The Ninth Circuit on Friday ruled that President Donald Trump's allocation of military funds for construction of his border wall was illegal, upholding a December 2019 ruling from a federal judge.
In 2019, U.S. District Judge Haywood Gilliam granted summary judgment to a slew of states and advocacy groups seeking to halt construction of the southern border wall. After Congress gave Trump $1.3 billion instead of his requested $5.7 billion for border wall funding, the president invoked the National Emergencies Act to declare an emergency at the southern border.
Defense Secretary Mark Esper said that over $3 billion reserved for construction projects within the military would instead go to border wall construction sites in four different states.
Ruling 2-1, the Ninth Circuit panel found that the diversion of funds to be unlawful and sidestepped the constitutional separation of powers, including the legislative branch's control of funding.
"Particularly in the context of this case, where Congress declined to fund the very projects at issue and attempted to terminate the declaration of a national emergency (twice), we cannot interpret the statute to give the Executive Branch unfettered discretion to divert funds to any land it deems under military jurisdiction," wrote Chief Circuit Judge Sidney Thomas, a Bill Clinton appointee.
The court rejected the federal government's interpretation of the National Emergencies Act that would allow them to build the wall under "other activities."
"As demonstrated by this case, this would allow the Federal Defendants to redirect funds at will without regard for the normal appropriations process," Thomas wrote.
"Although we recognize that in times of national emergency we generally owe great deference to the decisions of the Executive, the particular circumstances of this case require us to take seriously the limitations of the text of Section 2808 and to hold the Executive to them," he added.
The Ninth Circuit decision lifts a stay on the federal court's order, putting an immediate stop to all border wall construction.
U.S. Circuit Judge Daniel Collins, a Trump appointee, dissented from the majority, claiming that the court went too far to determine the scope of the law.
"The majority’s contrary conclusion rests on the implicit view that this court gets to substitute its own view of when the armed forces are needed in a national emergency for the view of the President as stated in the emergency declaration," Collins wrote.
California Attorney General Xavier Becerra cheered the decision.
“We applaud the Court for putting a stop to this desperate attempt by President Trump to steal public funds to build his unauthorized wall at the border,” Becerra said in a statement Saturday. “This victory shows it doesn’t pay to circumvent the law. Congress repeatedly refused to fund the President’s wall, and we fought back against his illegal money grab because your public funds should not be spent on Trump’s pet project.”
Gloria Smith, managing attorney with Sierra Club, also celebrated the ruling.
“We should be protecting communities, our democracy, and the environment, not tearing these things apart as Trump was doing,” she said in a statement. “We rise with border communities to stop this administration from further inflicting its relentless agenda and will continue fighting illegal wall construction at all levels.”
The White House did not immediately comment on the decision.
Thomas and Collins were joined on the panel by U.S. Circuit Judge Kim McLane Wardlaw, a Bill Clinton appointee.


courthousenews--2020-10-10--High-Stakes Race in Colorado Could Help Flip the Senate

DENVER ( CN ) — The choice for Colorado voters between the incumbent Republican U.S. senator and his rival , a popular former governor of the Centennial State , may come down to the current occupant of the White House .
“ While people are looking at Trump , I ’ m looking at Gardner , ” said Katie Farnan , an organizer with the progressive Indivisible Front Range Resistance in Boulder , Colorado .
Republican Senator Cory Gardner is running against former Governor John Hickenlooper to represent Colorado in Washington .
While supporters describe Gardner as an independent voice @ @ @ @ @ @ @ record is but a shadow of President Donald Trump ’ s siege on the Affordable Care Act .
“ I ’ m more angry at Gardner than Trump because Trump can only do what he does with people like Gardner behind him , ” Farnan said .
“ Gardner has voted nine times to repeal the Affordable Care Act with no replacement , and that affects hundreds of thousands of Coloradoans ’ health care.
” In the wake of Trump ’ s election , Farnan said she approached Gardner ’ s office numerous @ @ @ @ @ @ @ be dismissed so often she created a cardboard cutout of her senator and brought it to town halls .
“ Someone came up to me and asked , ‘ Who is that ?
’ and I said , ‘ That ’ s your senator !
” Farnan recalled .
“ I ’ m going to vote for Hickenlooper with fiery passion — I ’ m so excited to vote because Gardner has to go.
” A Democrat , two-term mayor of Denver and two-term governor of Colorado , Hickenlooper ended a run for @ @ @ @ @ @ @ to pivot for a shot at Gardner ’ s Senate seat .
With a background in geology , brewing and business , Hickenlooper was recruited to run for Senate last year by 314 Action , a pro-science political action committee based in Washington .
“ We knew going into 2020 that health care was going to be the most important issue to Americans , ” said Shaughnessy Naughton , 314 Action president .
“ Then a pandemic hit and a completely botched response by the Trump administration made a bad situation even worse.
@ @ @ @ @ @ @ support for the president and his policies .
“ The support that Cory Gardner has provided to the Trump administration , the refusal to call them out on what are clearly irresponsible actions , is really quite shameful but not surprising , ” Naughton added .
Recent polling by Morning Consult gives Hickenlooper a 7 % edge on Gardner .
Supporters also point to issue-based surveys identifying climate change and health care as top concerns among Colorado ’ s Democratic and independent voters , issues the Democratic Party argues it tackles better than @ @ @ @ @ @ @ and [ Joe ] Biden on electability concerns , they ’ re both relatively moderate choices given where Democrats are right now , ” said Seth Masket , director of the Center on American Politics at the University of Denver and author of “ Learning from Loss : The Democrats 2016-2020.
” Just as Biden beat Democratic socialist Senator Bernie Sanders of Vermont in the presidential primary , Hickenlooper handily beat progressive Senate option Andrew Romanoff .
Still , Gardner and Hickenlooper are not simple proxies for Trump and Biden .
“ I @ @ @ @ @ @ @ sort of politician than Donald Trump .
He ’ s a much more skilled campaigner , a very polished public speaker and a good debater , but a tough year for him , ” Masket said .
“ National politics speak so loudly right now , it ’ s hard to distract people from the pandemic and from the economy and from President Trump who has a way of really eating media attention.
” He added , “ As long as Colorado voters are thinking about national politics , that makes it harder @ @ @ @ @ @ @ that saw snow fall in August just 48 hours after a sweltering 90-degree weekend , anything can happen between now and November .
“ I think Gardner ’ s doing as well as he could possibly do , ” said Mike Coffman , mayor of Aurora , Colorado .
Voters unseated Coffman from the House of Representatives in the 2018 Blue Wave under similar critiques that he failed to oppose Trump often enough .
“ I think the reason why I won more handily in 2016 is because people really thought Trump was @ @ @ @ @ @ @ Hillary Clinton was going to be president , so right before the election , the generic congressional ballot really ticked up in favor of Republicans , ” Coffman reflected — seeing signs that favor Gardner ’ s reelection .
While Colorado is home to slightly more Democrats than Republicans , unaffiliated and independents make up the majority by about 400,000 voters .
“ Colorado voters tend to be very independent minded when they look at their ballots .
They don ’ t always vote straight ticket for one party or the other , @ @ @ @ @ @ @ chair of the Colorado Republican Party .
“ Gardner was elected before President Trump got into office , he was elected when other Democrats on the ticket were elected , because Senator Gardner himself is very effective for Colorado , no matter who ’ s in the White House , ” she added .
Besides having purple mountains of lyrical lore , Colorado has a history of sending bipartisan representation to the Senate , a tradition some see as a strength .
“ Sometimes things get done more effectively if there is bipartisan @ @ @ @ @ @ @ , because this is still a state that ’ s fairly purple , ” said Ken Bickers , a professor of political science at the University of Colorado Boulder .
“ Cory Gardner and [ Sen. ] Michael Bennet have done a whole lot through the years together.
” Whoever wins , Bickers said he is most concerned about the toxic tone between parties , “ where people are seeing the other side as not really American .
I ’ m worried about the divides in the country and how deep they ’ @ @ @ @ @ @ @ see either side working very hard to fix that.
” While independent voters can collectively decide the race in Colorado , data from recent elections suggests they tend to lean left .
“ I ’ m more anti-Gardner than pro-Hickenlooper , ” said Adam Smith , a registered independent born in England who became a U.S. citizen in 2015 .
On the issues , Smith said he is most concerned about climate change and Medicare for All .
“ I ’ m not a big fan of fracking and what Hickenlooper ’ s @ @ @ @ @ @ @ .
“ But I ’ m going to vote for him regardless , because it ’ s not about having someone who fits me 100 % , it ’ s about who fits me better .
And Hickenlooper does.
” Beginning in 2013 , Colorado automatically mails ballots to all registered voters in the state .
In the June primary , a record 99 % of 1.5 million participants voted remotely via mail or ballot drop off box .
Centennial State ballots go in the mail Friday and are due back by Election @ @

The choice for Colorado voters between the incumbent Republican U.S. senator and his rival, a popular former governor of the Centennial State, may come down to the current occupant of the White House.
DENVER (CN) — The choice for Colorado voters between the incumbent Republican U.S. senator and his rival, a popular former governor of the Centennial State, may come down to the current occupant of the White House.
“While people are looking at Trump, I'm looking at Gardner,” said Katie Farnan, an organizer with the progressive Indivisible Front Range Resistance in Boulder, Colorado.
Republican Senator Cory Gardner is running against former Governor John Hickenlooper to represent Colorado in Washington. While supporters describe Gardner as an independent voice in the Senate, critics contend his record is but a shadow of President Donald Trump’s siege on the Affordable Care Act.
“I'm more angry at Gardner than Trump because Trump can only do what he does with people like Gardner behind him,” Farnan said. “Gardner has voted nine times to repeal the Affordable Care Act with no replacement, and that affects hundreds of thousands of Coloradoans’ health care.”
In the wake of Trump’s election, Farnan said she approached Gardner’s office numerous times to voice her concerns only to be dismissed so often she created a cardboard cutout of her senator and brought it to town halls.
“Someone came up to me and asked, ‘Who is that?’ and I said, ‘That’s your senator!” Farnan recalled. “I'm going to vote for Hickenlooper with fiery passion — I'm so excited to vote because Gardner has to go.”
A Democrat, two-term mayor of Denver and two-term governor of Colorado, Hickenlooper ended a run for the White House last year in time to pivot for a shot at Gardner’s Senate seat. With a background in geology, brewing and business, Hickenlooper was recruited to run for Senate last year by 314 Action, a pro-science political action committee based in Washington.
“We knew going into 2020 that health care was going to be the most important issue to Americans,” said Shaughnessy Naughton, 314 Action president. “Then a pandemic hit and a completely botched response by the Trump administration made a bad situation even worse.”
Naughton blasted Gardner’s unabashed support for the president and his policies.
Supporters of reelecting President Donald Trump and Sen. Cory Gardner adorned the community mailbox with yard signs in Parker, Colorado. (Courthouse News photo / Amanda Pampuro)
“The support that Cory Gardner has provided to the Trump administration, the refusal to call them out on what are clearly irresponsible actions, is really quite shameful but not surprising,” Naughton added.
Recent polling by Morning Consult gives Hickenlooper a 7% edge on Gardner. Supporters also point to issue-based surveys identifying climate change and health care as top concerns among Colorado’s Democratic and independent voters, issues the Democratic Party argues it tackles better than Republicans.
“Democrats nominated both Hickenlooper and [Joe] Biden on electability concerns, they’re both relatively moderate choices given where Democrats are right now,” said Seth Masket, director of the Center on American Politics at the University of Denver and author of “Learning from Loss: The Democrats 2016-2020.”
Just as Biden beat Democratic socialist Senator Bernie Sanders of Vermont in the presidential primary, Hickenlooper handily beat progressive Senate option Andrew Romanoff.
Still, Gardner and Hickenlooper are not simple proxies for Trump and Biden.
“I think Cory Gardner is a very different sort of politician than Donald Trump. He's a much more skilled campaigner, a very polished public speaker and a good debater, but a tough year for him,” Masket said. “National politics speak so loudly right now, it's hard to distract people from the pandemic and from the economy and from President Trump who has a way of really eating media attention.”
He added, “As long as Colorado voters are thinking about national politics, that makes it harder for Gardner.”
But in a state that saw snow fall in August just 48 hours after a sweltering 90-degree weekend, anything can happen between now and November.
“I think Gardner's doing as well as he could possibly do,” said Mike Coffman, mayor of Aurora, Colorado. Voters unseated Coffman from the House of Representatives in the 2018 Blue Wave under similar critiques that he failed to oppose Trump often enough.
“I think the reason why I won more handily in 2016 is because people really thought Trump was going to lose and people really thought Hillary Clinton was going to be president, so right before the election, the generic congressional ballot really ticked up in favor of Republicans,” Coffman reflected — seeing signs that favor Gardner’s reelection.
While Colorado is home to slightly more Democrats than Republicans, unaffiliated and independents make up the majority by about 400,000 voters.
Many Colorado voters identify politically as independent and say they vote by the issue, although their stances have leaned left in recent elections. (Courthouse News photo / Amanda Pampuro)
“Colorado voters tend to be very independent minded when they look at their ballots. They don't always vote straight ticket for one party or the other,” said Kristi Burton Brown, vice chair of the Colorado Republican Party.
“Gardner was elected before President Trump got into office, he was elected when other Democrats on the ticket were elected, because Senator Gardner himself is very effective for Colorado, no matter who's in the White House,” she added.
Besides having purple mountains of lyrical lore, Colorado has a history of sending bipartisan representation to the Senate, a tradition some see as a strength.
“Sometimes things get done more effectively if there is bipartisan representation, one Democrat and one Republican, because this is still a state that's fairly purple,” said Ken Bickers, a professor of political science at the University of Colorado Boulder. “Cory Gardner and [Sen.] Michael Bennet have done a whole lot through the years together.”
Whoever wins, Bickers said he is most concerned about the toxic tone between parties, “where people are seeing the other side as not really American. I'm worried about the divides in the country and how deep they’ve become. I don't see either side working very hard to fix that.”
While independent voters can collectively decide the race in Colorado, data from recent elections suggests they tend to lean left.
“I’m more anti-Gardner than pro-Hickenlooper,” said Adam Smith, a registered independent born in England who became a U.S. citizen in 2015. On the issues, Smith said he is most concerned about climate change and Medicare for All.
“I’m not a big fan of fracking and what Hickenlooper’s done with that,” Smith said. “But I’m going to vote for him regardless, because it’s not about having someone who fits me 100%, it’s about who fits me better. And Hickenlooper does.”
Beginning in 2013, Colorado automatically mails ballots to all registered voters in the state. In the June primary, a record 99% of 1.5 million participants voted remotely via mail or ballot drop off box. Centennial State ballots go in the mail Friday and are due back by Election Day.