[EL] ELB News and Commentary 8/11/11

Thu Aug 11 08:53:43 PDT 2011

"The Democrats knew what they were doing, and Republicans were asleep at the switch."

Dog bites man.

Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law
Capital University Law School
303 E. Broad St.
Columbus, OH 43215
(614) 236-6317
http://www.law.capital.edu/Faculty/Bios/bsmith.asp

________________________________

From: law-election-bounces at department-lists.uci.edu on behalf of Rick Hasen
Sent: Thu 8/11/2011 11:03 AM
To: law-election at UCI.EDU
Subject: [EL] ELB News and Commentary 8/11/11

What's More Popular than Congress? <http://electionlawblog.org/?p=21746>  

Posted on August 11, 2011 <http://electionlawblog.org/?p=21746>  by Rick Hasen <http://electionlawblog.org/?author=3>  

WaPo (Lifestyle <http://www.washingtonpost.com/lifestyle/style/whats-congress-less-popular-than-among-other-things-human-cloning/2011/08/09/gIQAznM26I_story.html> , again): "Cloning sheep. Cloning humans, even. Caning teen vandals. Believing that aliens have descended from space and abducted humans."

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Posted in legislation and legislatures <http://electionlawblog.org/?cat=27>  | Comments Off 

Quote of the Day <http://electionlawblog.org/?p=21743>  

Posted on August 11, 2011 <http://electionlawblog.org/?p=21743>  by Rick Hasen <http://electionlawblog.org/?author=3>  

"The Democrats knew what they were doing, and Republicans were asleep at the switch."

-California Republican Party Chairman Shawn Steel <http://articles.ocregister.com/2011-08-05/news/29859841_1_new-maps-political-process-republicans-and-democrats> , commenting upon California's Citizens Redistricting Commission.

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Posted in citizen commissions <http://electionlawblog.org/?cat=7> , redistricting <http://electionlawblog.org/?cat=6>  | Comments Off 

Voter ID to Mass.? <http://electionlawblog.org/?p=21740>  

Posted on August 11, 2011 <http://electionlawblog.org/?p=21740>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Could be <http://www.boston.com/news/politics/articles/2011/08/11/massachusetts_voter_id_measure_submitted_for_2012/> .

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Posted in voter id <http://electionlawblog.org/?cat=9>  | Comments Off 

Apparently the Chair of the WI Dem Party's Pants are on Fire <http://electionlawblog.org/?p=21737>  

Posted on August 11, 2011 <http://electionlawblog.org/?p=21737>  by Rick Hasen <http://electionlawblog.org/?author=3>  

According to this Politifact analysis <http://www.politifact.com/wisconsin/statements/2011/aug/11/state-democratic-party-wisconsin/democratic-party-wisconsin-chairman-mike-tate-says/>  of comments he made regarding Waukesha Clerk Kathy Nickolaus.

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Posted in election administration <http://electionlawblog.org/?cat=18>  | Comments Off 

"Whatever Happened to ... the aide caught in a political scandal?" <http://electionlawblog.org/?p=21734>  

Posted on August 11, 2011 <http://electionlawblog.org/?p=21734>  by Rick Hasen <http://electionlawblog.org/?author=3>  

The Washington Post Lifestyle section <http://www.washingtonpost.com/lifestyle/magazine/whatever-happened-to--the-aide-caught-in-a-political-scandal/2011/07/21/gIQA3zFb8I_story.html>  (yes, that's right) on political dirty tricks.

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Posted in chicanery <http://electionlawblog.org/?cat=12>  | Comments Off 

"Judge fines ACORN $5,000 for voter registration scheme" <http://electionlawblog.org/?p=21731>  

Posted on August 11, 2011 <http://electionlawblog.org/?p=21731>  by Rick Hasen <http://electionlawblog.org/?author=3>  

The Las Vegas Review-Journal reports <http://www.lvrj.com/news/judge-fines-acorn-5-000-for-voter-registration-scheme-127467598.html> .

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Posted in election administration <http://electionlawblog.org/?cat=18> , voter registration <http://electionlawblog.org/?cat=37>  | Comments Off 

BNA on ABA Lobbying Vote <http://electionlawblog.org/?p=21728>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21728>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Here <http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=21790547&vname=mpebulallissues&fn=21790547&jd=a0c8t9w4v1&split=0> .

	Supporters of the ABA plan and a series of other lobbying reform proposals have said they are not looking for immediate congressional action, but want to have some specific plans for improvement ready when an opportunity arises to advance new legislation, such as a new political scandal. During a Capitol Hill panel discussion last March featuring lobbyists, political reform groups, and others interested lobbying disclosure system, Thomas Susman, the director of the ABA's governmental affairs office in Washington, called the ABA lobbying task force part of an effort to develop "a long-term agenda" for reform of the current Washington lobbying process (2969 Money & Politics Report, 3/15/11 <http://news.bna.com/mpdm/display/link_res.adp?fedfid=21790547&fname=a0c6t1q2v6&vname=mpebulallissues> ).
	Susman acknowledged that Congress "is not likely to be enthusiastic" about reforms that break the link between lobbying and campaign fund-raising because the current system of relying on lobbyists for campaign money has been "lucrative" for lawmakers.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> , lobbying <http://electionlawblog.org/?cat=28>  | Comments Off 

"GOP Feels the Influence of Outside Money Groups" <http://electionlawblog.org/?p=21725>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21725>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Parties feel what's left of McCain-Feingold isn't working for them <http://www.npr.org/2011/08/10/139402221/gop-feels-the-influence-of-outside-money-groups?live=1> .

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Posted in campaign finance <http://electionlawblog.org/?cat=10> , political parties <http://electionlawblog.org/?cat=25>  | Comments Off 

"ABA Calls for Tougher Lobbying Rules" <http://electionlawblog.org/?p=21720>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21720>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Roll Call reports <http://www.rollcall.com/news/aba_calls_for_tougher_lobbying_rules-208098-1.html> .

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Posted in campaign finance <http://electionlawblog.org/?cat=10> , legislation and legislatures <http://electionlawblog.org/?cat=27> , lobbying <http://electionlawblog.org/?cat=28>  | Comments Off 

Time to Nominate Law Blawgs for the ABA Blawg 100 <http://electionlawblog.org/?p=21718>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21718>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Form here <http://www.abajournal.com/blawgs/blawg100_submit/> . Last year the Election Law Blog was fortunate to make the "Blawg 100? list <http://electionlawblog.org/?p=16865> .

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Posted in Uncategorized <http://electionlawblog.org/?cat=1>  | Comments Off 

Colbert Super-PAC Urges Write-in Vote for a Misspelled Rick Perry <http://electionlawblog.org/?p=21716>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21716>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Watch: 

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Posted in campaign finance <http://electionlawblog.org/?cat=10> , chicanery <http://electionlawblog.org/?cat=12>  | Comments Off 

Brad Smith on the Draft EO <http://electionlawblog.org/?p=21713>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21713>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Here <http://www.campaignfreedom.org/blog/detail/faith-in-the-federal-acquisition-process> .

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Posted in campaign finance <http://electionlawblog.org/?cat=10>  | Comments Off 

"Romney-Supporting $1 Million Mystery Donor Revealed-But the Show's Not Over" <http://electionlawblog.org/?p=21709>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21709>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Paul Ryan of the Campaign Legal Center has written this commentary <http://www.clcblog.org/index.php?option=com_content&view=article&id=427:romney-supporting-1-million-mystery-donor-revealedbut-the-shows-not-over-8-10-11> , originally appearing in The Hill.

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"New Balance Dissociates Itself From Chairman's $500K Contribution To Homophobe Mitt Romney" <http://electionlawblog.org/?p=21706>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21706>  by Rick Hasen <http://electionlawblog.org/?author=3>  

See here <http://instinctmagazine.com/blog/new-balance-tries-to-dissociate-company-from-chairman-s-$500k-contribution-to-homophobe-mitt-romney?directory=100011> .  Despite the headline, the contribution was actually to a pro-Romney Super PAC, not Romney.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>  | Comments Off 

Election Lawyer Chris Ashby Has Started His Own Firm <http://electionlawblog.org/?p=21703>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21703>  by Rick Hasen <http://electionlawblog.org/?author=3>  

And a beautiful website <http://www.ashby-law.com/blog/>  too.  Good luck!

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Posted in election law biz <http://electionlawblog.org/?cat=51>  | Comments Off 

"Study shows who breaks campaign laws; Finance rules tend to trip small and grass-roots groups, state finds." <http://electionlawblog.org/?p=21700>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21700>  by Rick Hasen <http://electionlawblog.org/?author=3>  

The Pueblo Chieftain offers this report <http://www.chieftain.com/news/local/study-shows-who-breaks-campaign-laws/article_9cf187fc-c185-11e0-baff-001cc4c002e0.html?mode=story>  (h/t Jim Bopp). If anyone has a link to the Colorado Sec. of State report, please send it along and I will link.

UPDATE:  More about the Secretary of State's analysis at the Denver Post <http://www.denverpost.com/legislature/ci_18650266> :

	At first glance, the findings support Gessler's argument.

	Last year, small donor committees received $528,653 yet were fined $169,650, which amounted to 10 percent of the total fines imposed.

	Well-organized 527 committees received $9.9 million, about 26 percent of the contributions reported in 2010, but just $13,150 - about 1 percent - in fines were imposed on them.

	Yet of the 1,312 penalties issued in 2010, the overwhelming majority resulted from a simple failure to file required reports in a timely manner, a task that seemingly doesn't require the attorneys and accountants Gessler cites as a major reason for the disparity.

	"There are very few difficult questions in campaign-finance law here in Colorado," said Luis Toro, director of Colorado Ethics Watch. "As can be seen, the vast majority of penalties are when committees simply miss their filing. It has nothing to do with complexity and having or not having lawyers and analysts to look over stuff."

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"Quick Lesson from the Wisconsin Recalls: Election Officials are Public Figures" <http://electionlawblog.org/?p=21697>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21697>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Wisdom <http://blog.lib.umn.edu/cspg/peea/2011/08/quick_lesson_from_the_wisconsi.php>  from Doug Chapin about the Kathy Nickolaus phenomenon.

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Posted in election administration <http://electionlawblog.org/?cat=18>  | Comments Off 

Ninth Circuit Decides McComish v. Bennett on Remand from Supreme Court <http://electionlawblog.org/?p=21694>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21694>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Short <http://www.ca9.uscourts.gov/datastore/opinions/2011/08/10/10-15165.pdf>  and to the point.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>  | Comments Off 

"Lawyers Group Wants Tougher Lobbying Rules" <http://electionlawblog.org/?p=21691>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21691>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Politico reports <http://www.politico.com/news/stories/0811/61026.html> .

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Posted in campaign finance <http://electionlawblog.org/?cat=10> , lobbying <http://electionlawblog.org/?cat=28>  | Comments Off 

"Waukesha County clerk denies delaying voting results" <http://electionlawblog.org/?p=21686>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21686>  by Rick Hasen <http://electionlawblog.org/?author=3>  

The Journal-Sentinel reports <http://www.jsonline.com/news/waukesha/127457003.html> .

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Posted in election administration <http://electionlawblog.org/?cat=18>  | Comments Off 

"House ethics punts Waters's ethics case to outside counsel" <http://electionlawblog.org/?p=21683>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21683>  by Rick Hasen <http://electionlawblog.org/?author=3>  

WaPo reports <http://www.washingtonpost.com/politics/house-ethics-punts-waterss-ethics-case-to-outside-counsel/2011/07/29/gIQA7rbg4I_story.html> .

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Posted in ethics investigations <http://electionlawblog.org/?cat=42>  | Comments Off 

"American Bar Association Urges Strengthening of Lobbying Laws" <http://electionlawblog.org/?p=21680>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21680>  by Rick Hasen <http://electionlawblog.org/?author=3>  

The Campaign Legal Center has issued this press release <http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=1429:august-10-2011-american-bar-association-urges-strengthening-of-lobbying-laws&catid=63:legal-center-press-releases&Itemid=61> .

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Posted in campaign finance <http://electionlawblog.org/?cat=10> , legislation and legislatures <http://electionlawblog.org/?cat=27> , lobbying <http://electionlawblog.org/?cat=28>  | Comments Off 

"Dems back off vote-tampering charges" <http://electionlawblog.org/?p=21677>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21677>  by Rick Hasen <http://electionlawblog.org/?author=3>  

A day late <http://www.jsonline.com/blogs/news/127437863.html>  and a dollar short.

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Posted in chicanery <http://electionlawblog.org/?cat=12> , election administration <http://electionlawblog.org/?cat=18>  | Comments Off 

"Electoral Fraud or Fraudulent Rhetoric: An Analysis of Jurisprudential and Political Arguments Over Voter Photo Identification Laws" <http://electionlawblog.org/?p=21674>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21674>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Andrew Winerman has posted this draft <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1792131>  on SSRN.  Here is the abstract:

	This paper argues that there are consistent rhetorical frameworks employed by politicians and judges who take opposite stances on the question of whether procedural laws relating to voting should be made or be permitted to be made more stringent, versus those who want the procedural requirements left alone or made simpler. Advocates of more stringent laws emphasize the rhetoric of individual choice and capacity, while their opponents often focus on the issue of interest group balancing and differential impact of procedural voting laws on particular groups within society. These frameworks are used to illuminate the debate over controversial voter photo identification laws in both the political sphere and the legal sphere. In the latter case, the central focus is on the Supreme Court's recent opinion in Crawford v. Marion County which upheld Indiana's photo identification law, and whether the identified rhetorical dichotomy suggests possible room for future as-applied challenges to such laws. In addition to presenting and elaborating on the rhetorical dichotomy and its impact on the voter identification debate, this paper draws connections between that dichotomy and other voting laws, as well as the census sampling debate and Voting Rights Act litigation. It also questions whether the participants in these debates have argued in good faith.

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Posted in Supreme Court <http://electionlawblog.org/?cat=29> , voter id <http://electionlawblog.org/?cat=9>  | Comments Off 

"Ethnic coalition backs Knabe in face of redistricting plan" <http://electionlawblog.org/?p=21672>  

Posted on August 10, 2011 <http://electionlawblog.org/?p=21672>  by Rick Hasen <http://electionlawblog.org/?author=3>  

With a burgeoning Latino population, Los Angeles County redistricting is going to get interesting <http://www.latimes.com/news/local/la-me-county-redistrict-20110810,0,3946092.story> .  I expect major litigation.

MORE: <http://www.dailynews.com/ci_18650467?source=most_viewed>  from the LA Daily News:

	But Justin Levitt, an associate professor at Loyola Law School, said the current system deprives Latinos of the right to get their candidates elected.

	"The Latino population is very cohesive, it tends to vote in the same direction, and everybody else tends to vote against them," he said.

	"There is a legal obligation to create two districts in which the Latino voters have the effective opportunity to elect candidates of choice."

	Under the redistricting proposal presented by Levitt to the board Tuesday, one Latino-majority district - the 1st District, currently led by Molina - would run along the Los Angeles River, starting from Bell, then moving north and west along the 101 and the 5 freeways into the San Fernando Valley.

	The other Latino-majority district would run along the San Gabriel River along the 605 and into the eastern part of L.A. County. Some of those areas currently belong to the 4th District, led by Supervisor Don Knabe, a Republican up for re-election to his final term.

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Posted in redistricting <http://electionlawblog.org/?cat=6>  | Comments Off 

-- 
Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org <http://electionlawblog.org/> 

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