[EL] ELB News and commentary 6/24/11
Bonin, Adam C.
ABonin at cozen.com
Fri Jun 24 07:47:04 PDT 2011
I think it's certainly a fair argument to be made that Justices Ginsburg
and Breyer (it's too early to say on the others) are more cautious and
narrow in their opinions, more adherent to precedent, and less willing
to expand rights under the Constitution than were liberal predecessors
like Justices Brennan, Marshall, and Blackmun, let alone the Warren
Court. Outside of the election law arena, however (or thank goodness),
that conversation seems beyond the scope of this list.
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of
Allen Dickerson
Sent: Friday, June 24, 2011 10:22 AM
To: 'Sean Parnell'; law-election at uci.edu
Subject: Re: [EL] ELB News and commentary 6/24/11
Apparently it's a trend:
"Justice Ruth Bader Ginsburg, writing for the four moderates on the
court, dissented from Justice Scalia's broader analysis and sought a
much narrower holding."
(A comment on Wal-Mart v. Dukes, courtesy of yesterday's New York Times
via Above The Law).
http://www.nytimes.com/2011/06/21/opinion/21tue1.html?_r=1
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Sean
Parnell
Sent: Friday, June 24, 2011 9:51 AM
To: law-election at uci.edu
Subject: Re: [EL] ELB News and commentary 6/24/11
I found this amusing in the Atlantic piece by Garrett Epps:
"...Justice John Paul Stevens--a moderate-conservative Republican..."
I don't believe I'd ever read that before.
Sean Parnell
President
Center for Competitive Politics
http://www.campaignfreedom.org
http://www.twitter.com/seanparnellccp
124 S. West Street, #201
Alexandria, VA 22310
(703) 894-6800 phone
(703) 894-6813 direct
(703) 894-6811 fax
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick
Hasen
Sent: Friday, June 24, 2011 12:30 AM
To: law-election at uci.edu
Subject: [EL] ELB News and commentary 6/24/11
Want More Flavor About the Brooklyn Fraud Described in the 1984 Grand
Jury Report, the Collusion of Election Officials, and Prosecutions for
Impersonation Vote Fraud? <http://electionlawblog.org/?p=19584>
Posted on June 23, 2011 <http://electionlawblog.org/?p=19584> by Rick
Hasen <http://electionlawblog.org/?author=3>
Jim Sleeper's recollections
<http://tpmcafe.talkingpointsmemo.com/2008/10/31/treat_or_trick_election
s_offic/index.php> jibe with the grand jury report and the NY Times
reporting at the time. Sleeper's story
<http://jimsleeper.com/articles/scoops&revelations/Vender%20Beatty.pdf>
from the Village Voice in that period notes some impersonation fraud and
some convictions:
<http://electionlawblog.org/wp-content/uploads/beatty.png> The
Brooklyn example is not looking like such a great one of impersonation
voter fraud going on without notice of diligent elected officials.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D19584&title=Want%20More%20Flavor%20About%20the%20Brooklyn%20Fr
aud%20Described%20in%20the%201984%20Grand%20Jury%20Report%2C%20the%20Col
lusion%20of%20Election%20Officials%2C%20and%20Prosecutions%20for%20Imper
son>
Posted in election administration <http://electionlawblog.org/?cat=18> ,
fraudulent fraud squad <http://electionlawblog.org/?cat=8> ,
Uncategorized <http://electionlawblog.org/?cat=1> , voter id
<http://electionlawblog.org/?cat=9> | Comments Off
Two from FollowtheMoney.org <http://electionlawblog.org/?p=19579>
Posted on June 23, 2011 <http://electionlawblog.org/?p=19579> by Rick
Hasen <http://electionlawblog.org/?author=3>
Best practices
<http://www.followthemoney.org/press/ReportView.phtml?r=444> for state
campaign finance disclosure and a 50-state survey
<http://www.followthemoney.org/content/bestpractices/index.phtml> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D19579&title=Two%20from%20FollowtheMoney.org&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10> |
Comments Off
"National Political Committees Must Return Donations from Stanford"
<http://electionlawblog.org/?p=19576>
Posted on June 23, 2011 <http://electionlawblog.org/?p=19576> by Rick
Hasen <http://electionlawblog.org/?author=3>
Bloomberg reports
<http://www.bloomberg.com/news/2011-06-22/u-s-political-committees-must-
return-1-7-million-in-stanford-donations.html> : "Five Democratic and
Republican national political committees must return more than $1.7
million in contributions received from indicted financier R. Allen
Stanford to his court-appointed receiver, a federal judge ruled."
You can access the judge's order here
<http://electionlawblog.org/wp-content/uploads/Janvey-Order.pdf> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D19576&title=%E2%80%9CNational%20Political%20Committees%20Must%
20Return%20Donations%20from%20Stanford%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10> ,
chicanery <http://electionlawblog.org/?cat=12> | Comments Off
"The Hatch Act: Showcasing the Absurdity of Congress"
<http://electionlawblog.org/?p=19573>
Posted on June 23, 2011 <http://electionlawblog.org/?p=19573> by Rick
Hasen <http://electionlawblog.org/?author=3>
Jeff Patch blogs
<http://thehill.com/blogs/congress-blog/politics/168179-the-hatch-act-sh
owcasing-the-absurdity-of-congress> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D19573&title=%E2%80%9CThe%20Hatch%20Act%3A%20Showcasing%20the%2
0Absurdity%20of%20Congress%E2%80%9D&description=>
Posted in conflict of interest laws <http://electionlawblog.org/?cat=20>
| Comments Off
"Constitutional Myth #5: Corporations Have the Same Free-Speech Rights
as Individuals" <http://electionlawblog.org/?p=19570>
Posted on June 23, 2011 <http://electionlawblog.org/?p=19570> by Rick
Hasen <http://electionlawblog.org/?author=3>
Garrett Epps blogs
<http://m.theatlantic.com/national/archive/2011/06/constitutional-myth-5
-corporations-have-the-same-free-speech-rights-as-individuals/240874/>
on Danielczyk.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D19570&title=%E2%80%9CConstitutional%20Myth%20%235%3A%20Corpora
tions%20Have%20the%20Same%20Free-Speech%20Rights%20as%20Individuals%E2%8
0%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10> |
Comments Off
"House Votes Not to Confer More Power on Feckless FEC"
<http://electionlawblog.org/?p=19567>
Posted on June 23, 2011 <http://electionlawblog.org/?p=19567> by Rick
Hasen <http://electionlawblog.org/?author=3>
This item
<http://www.clcblog.org/index.php?option=com_content&view=article&id=423
:house-votes-not-to-confer-more-power-on-feckless-fec-6-23-11> appears
on the CLC Blog.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D19567&title=%E2%80%9CHouse%20Votes%20Not%20to%20Confer%20More%
20Power%20on%20Feckless%20FEC%E2%80%9D&description=>
Posted in Election Assistance Commission
<http://electionlawblog.org/?cat=34> , federal election commission
<http://electionlawblog.org/?cat=24> | Comments Off
NC Governor Vetoes Voter ID Law <http://electionlawblog.org/?p=19564>
Posted on June 23, 2011 <http://electionlawblog.org/?p=19564> by Rick
Hasen <http://electionlawblog.org/?author=3>
Another
<http://wkzo.com/news/articles/2011/jun/23/north-carolina-governor-vetoe
s-voter-photo-id-bill/> Democratic governor vetoes a voter id law
passed by a Republican legislature.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D19564&title=NC%20Governor%20Vetoes%20Voter%20ID%20Law&descript
ion=>
Posted in voter id <http://electionlawblog.org/?cat=9> | Comments Off
1984 New York Grand Jury Report on Voter Fraud Now Available
<http://electionlawblog.org/?p=19560>
Posted on June 23, 2011 <http://electionlawblog.org/?p=19560> by Rick
Hasen <http://electionlawblog.org/?author=3>
Thanks to the hard work of the UCI Law librarians, and the cooperation
of the Brooklyn District Attorney's office, I am pleased to provide a
link to Kings County grand jury report, In the Matter of Confidential
Investigation R84-11
<http://electionlawblog.org/wp-content/uploads/1984_grand_jury_report-r8
4-11.pdf> .
This is the report I tried <http://electionlawblog.org/?p=19393> to get
<http://tpmmuckraker.talkingpointsmemo.com/2011/06/election_expert_cant_
find_report_on_1984_voter_impersonation_case_cited_by_von_spakovsky.php>
from Hans von Spakovsky and the Heritage Foundation with no success.
von Spakovsky had relied on the grand jury report in an effort to
justify voter identification requirements. (He wrote
<http://electionlawblog.org/archives/012191.html> : "One doesn't have to
look far to find instances of fraudulent ballots cast in actual
elections by 'voters' who were the figments of active imaginations. In
1984, a district attorney in Brooklyn, N.Y. (a Democrat), released the
findings of a grand jury that reported extensive registration and
impersonation fraud between 1968 and 1982.")
It is a fascinating read, about what appear to have been the last days
of a corrupt Brooklyn Democratic party machine. Most of the fraud
alleged involved the cooperation of election officials or inspectors, or
the downright incompetence of election workers. (One of the most
colorful episodes recorded involved party workers hiding in the restroom
ceilings at the Brooklyn Board of Elections, waiting to phony up voter
registration cards after an election to manufacture evidence for an
election contest.)
It is not clear to me why von Spakovsky did not respond to requests to
turn over the grand jury report because the report contains the only
apparently successful effort in the last 40 years of which I'm aware to
actually affect election results through impersonation fraud. Perhaps
the reason is that the way in which the fraud was done almost certainly
could not happen today, thanks to basic safeguards put in place by
election officials (such as checking the names and addresses of new
registrants and ensuring greater security of voter registration
materials). And of course when election officials collude with those
committing fraud, a voter i.d. requirement would not help in the
slightest.
The fact that most of this fraud took place 40 years ago and nothing
like it has been discovered since is a good argument that schemes like
these cannot successfully be done anymore. Vote buying schemes,
fraudulent registration schemes, and absentee ballot fraud do get
discovered and prosecuted. There's no reason to think this kind of
fraud, if it happened, would not at least occasionally be discovered and
prosecuted as well. At most we find a handful of isolated cases-nothing
organized, and certainly nothing to swing elections.
Still, the grand jury report is the best evidence that the Fraudulent
Fraud Squad has, and now it will see the light of day.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D19560&title=1984%20New%20York%20Grand%20Jury%20Report%20on%20V
oter%20Fraud%20Now%20Available&description=>
Posted in election administration <http://electionlawblog.org/?cat=18> ,
fraudulent fraud squad <http://electionlawblog.org/?cat=8> , voter id
<http://electionlawblog.org/?cat=9> | Comments Off
"Romney backers launch super PAC" <http://electionlawblog.org/?p=19557>
Posted on June 23, 2011 <http://electionlawblog.org/?p=19557> by Rick
Hasen <http://electionlawblog.org/?author=3>
WaPo reports
<http://www.washingtonpost.com/politics/romney-backers-launch-super-pac/
2011/06/22/AGTkGchH_story.html> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D19557&title=%E2%80%9CRomney%20backers%20launch%20super%20PAC%E
2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10> |
Comments Off
Wonder What the Supreme Court Will Do on Monday in McComish?
<http://electionlawblog.org/?p=19554>
Posted on June 23, 2011 <http://electionlawblog.org/?p=19554> by Rick
Hasen <http://electionlawblog.org/?author=3>
Here' <http://www.slate.com/id/2289193/> s the oral argument preview I
wrote for Slate, "Rich Candidate Expected to Win Again."
I'll be writing about the McComish decision on Monday, when the decision
is expected to be released at 10 am eastern. Stay tuned.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D19554&title=Wonder%20What%20the%20Supreme%20Court%20Will%20Do%
20on%20Monday%20in%20McComish%3F&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10> |
Comments Off
--
Rick Hasen
Visiting Professor
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
William H. Hannon Distinguished Professor of Law
Loyola Law School
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org
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