[EL] Law-election Digest, Vol 5, Issue 6
Botts, Cory
Cory.Botts at SEN.CA.GOV
Tue Sep 6 12:31:41 PDT 2011
-----Original Message-----
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Subject: Law-election Digest, Vol 5, Issue 6
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Today's Topics:
1. Re: ELB News and Commentary 9/5/11 (Thomas J. Cares)
2. Standing for Prop. 8 sponsors (David A. Holtzman)
3. ELB News and Commentary 9/6/11 (Rick Hasen)
4. Event announcement: Election Integrity --- Past, Present, &
Future (Charles Stewart III)
----------------------------------------------------------------------
Message: 1
Date: Mon, 5 Sep 2011 16:43:37 -0700
From: "Thomas J. Cares" <Tom at TomCares.com>
Subject: Re: [EL] ELB News and Commentary 9/5/11
To: law-election at uci.edu
Message-ID:
<CADE9kw8mYm-58A3--wBWFDi8+ROsgTHqHRYz5k4npU-DGof8CA at mail.gmail.com>
Content-Type: text/plain; charset="windows-1252"
I don't think it passes the laugh test to have an initiative system for
remedying misalignment between state government and the state's
electorate, while allowing only elected state officials to defend
initiatives against legal challenges.
Thomas Cares
Tom at TomCares.com
On Mon, Sep 5, 2011 at 11:02 AM, Rick Hasen <rhasen at law.uci.edu> wrote:
> ?Prop. 8 sponsors? arguments go before California high court; The
> court?s ruling will determine whether initiative sponsors in
> California are entitled to defend their measures in state court if the
> governor and the attorney general refuse.?
> <http://electionlawblog.org/?p=22608>
> Posted on September 5, 2011 10:53
> am<http://electionlawblog.org/?p=22608>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> The *LA Times*
reports<http://www.latimes.com/news/local/la-me-prop8-california-2011090
5,0,2303003.story>.
> I?m with Emily Bazelon <http://www.slate.com/id/2263943/> on this one.
> [image:
Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawbl
og.org%2F%3Fp%3D22608&title=%E2%80%9CProp.%208%20sponsors%E2%80%99%20arg
uments%20go%20before%20California%20high%20court%3B%20The%20court%E2%80%
99s%20ruling%20will%20determine%20whether%20initiative%20sponsors%20in%2
0California%20are%20entitled%20to%20defend%20their%20measures%20in%20sta
te%20court%20if%20the%20governor%20and%20the%20attorney%20general%20refu
se.%E2%80%9D&description=>
> Posted in direct democracy <http://electionlawblog.org/?cat=62> |
> Comments Off
>
>
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Message: 2
Date: Tue, 06 Sep 2011 00:11:58 -0700
From: "David A. Holtzman" <David at HoltzmanLaw.com>
Subject: [EL] Standing for Prop. 8 sponsors
To: law-election at department-lists.uci.edu
Cc: "Thomas J. Cares" <Tom at TomCares.com>
Message-ID: <4E65C7BE.6000002 at HoltzmanLaw.com>
Content-Type: text/plain; charset="iso-8859-1"
Well put, Tom.
And as blogger Bazelon put it, "isn't it odd to think that a majority of
the voters could pass a law, and then just because the governor and the
attorney general don't like it, no one gets to stand up for it on
appeal?"
So it's ironic that the League of Women Voters of California filed
<http://ca.lwv.org/lwvc/action/letters/2011-05-02-league-files-amicus-br
ief-marriage-equality.pdf>
a brief OPPOSING standing for Prop. 8 proponents
<http://www.ca.lwv.org/lwvc/action/letters/2011-04-29-amicus-brief-marri
age-equality.pdf>
(the League supports same-sex marriage).
I wonder if the state League, which has a new president, can be
persuaded that a no-standing precedent would be contrary to the League's
(and voters') long-term interests (and if the state League might
therefore withdraw its brief).
- dah
P.S.for some background on California standing law, people might want to
see the CA Supreme Court ruling here
<http://www.courtinfo.ca.gov/opinions/documents/S180720.PDF> that was
the subject of the a little jousting recently between two
<http://legalplanet.wordpress.com/2011/08/25/libertarians-for-environmen
tal-red-tape/>
bloggers
<http://plf.typepad.com/plf/2011/08/vituperation-watch-legal-planet.html
>.
Both bloggers agreed that "citizen suit standing ... under California
law is much broader than [U.S. Constitution] Article III standing [for
federal courts]."
On 9/5/2011 4:43 PM, Thomas J. Cares wrote:
> I don't think it passes the laugh test to have an initiative system
> for remedying misalignment between state government and the state's
> electorate, while allowing only elected state officials to defend
> initiatives against legal challenges.
>
>
> Thomas Cares
> Tom at TomCares.com
>
>
>
> On Mon, Sep 5, 2011 at 11:02 AM, Rick Hasen <rhasen at law.uci.edu
> <mailto:rhasen at law.uci.edu>> wrote:
>
>
> "Prop. 8 sponsors' arguments go before California high court;
> The court's ruling will determine whether initiative sponsors
> in California are entitled to defend their measures in state
> court if the governor and the attorney general refuse."
> <http://electionlawblog.org/?p=22608>
>
> Posted on September 5, 2011 10:53 am
> <http://electionlawblog.org/?p=22608> by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> The /LA Times/reports
>
<http://www.latimes.com/news/local/la-me-prop8-california-20110905,0,230
3003.story>.
> I'm with Emily Bazelon <http://www.slate.com/id/2263943/> on this
one.
>
> Share
>
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D22608&title=%E2%80%9CProp.%208%20sponsors%E2%80%99%20arguments
%20go%20before%20California%20high%20court%3B%20The%20court%E2%80%99s%20
ruling%20will%20determine%20whether%20initiative%20sponsors%20in%20Calif
ornia%20are%20entitled%20to%20defend%20their%20measures%20in%20state%20c
ourt%20if%20the%20governor%20and%20the%20attorney%20general%20refuse.%E2
%80%9D&description=>
> Posted in direct democracy <http://electionlawblog.org/?cat=62> |
> Comments Off
>
>
>
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election
>
> --
> David A. Holtzman, M.P.H., J.D.
> david at holtzmanlaw.com
>
>
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Message: 3
Date: Tue, 6 Sep 2011 08:12:01 -0700
From: Rick Hasen <rhasen at law.uci.edu>
Subject: [EL] ELB News and Commentary 9/6/11
To: "law-election at uci.edu" <law-election at uci.edu>
Message-ID: <4E663841.4090908 at law.uci.edu>
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Message: 4
Date: Tue, 6 Sep 2011 13:39:07 -0400
From: "Charles Stewart III" <cstewart at mit.edu>
Subject: [EL] Event announcement: Election Integrity --- Past,
Present, & Future
To: "law-election at department-lists.uci.edu"
<law-election at department-lists.uci.edu>
Message-ID:
<47E1A84AA7D4EE44922DC6BDA4A0071E0A8D70C187 at EXPO14.exchange.mit.edu>
Content-Type: text/plain; charset="us-ascii"
This is an event I hope will be of interest to listserv members.
The Caltech/MIT Voting Technology Project will be hosting an all-day
event on October 1, 2011 at MIT entitled "Election Integrity --- Past,
Present, & Future." The purpose of the event is to commemorate the 25th
anniversary of the First National Symposium on Security and Reliability
of Computers in the Electoral Process, which was held in Boston in 1986.
As the subtitle of the event suggests, we hope to take a look back at
the issues that first animated interest in the use of computers in
elections a quarter of a century ago, before assessing the current state
of play, and future directions. The goal is also to establish (or even
continue!) dialogues across all stakeholders in the election process,
including election administrators, technical professionals, and
citizens.
I invite you to visit the VTP web site for more information:
http://vote.caltech.edu/drupal/. Further information about the
conference is in the "Featured Content" section of the home page. Click
on "read more" for the agenda and the link to register.
It should be a fun day.
Charles
===============================================================
Charles Stewart III
Kenan Sahin Distinguished Professor of Political Science Housemaster of
McCormick Hall
Voice: 617.253.3127 / Facsimile: 617.258.8546
e-mail: cstewart at mit.edu / URL: http://web.mit.edu/cstewart/www/
Department of Political Science
30 Wadsworth Street
Building E53-449
Cambridge, Massachusetts 02139
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