[EL] ELB News and Commentary 9/14/11

Wed Sep 14 10:44:44 PDT 2011

Perhaps they've adopted Governor Schwarzenegger's position that "gay
marriage should be between a man and a woman."  (Yes, he actually said
that).  

________________________________

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Joe
La Rue
Sent: Wednesday, September 14, 2011 7:54 AM
To: Rick Hasen
Cc: law-election at UCI.EDU
Subject: Re: [EL] ELB News and Commentary 9/14/11

I think same-sex marriage is a very complicated issue in North Carolina.
A poll conducted this past February
<http://www.thebluebanner.net/news/10-study-revels-same-sex-marriage-sup
port-on-rise-across-the-state>  revealed that only 28 percent of North
Carolinans support same-sex marriage. However, the same poll revealed
that 56 percent oppose a constitutional amendment defining marriage as
between one man and one woman. What does this mean for Rick's question
about the timing of this initiative? I don't know for sure. But I don't
think it indicates that public opinion on same-sex marriage has shifted
significantly in North Carolina -- the vast majority do not seem to
support the concept. 

Gay Marriage Initiative Timing <http://electionlawblog.org/?p=23067>  

Posted on September 14, 2011 7:22 am
<http://electionlawblog.org/?p=23067>  by Rick Hasen
<http://electionlawblog.org/?author=3>  

I'm surprised this North Carolina measure
<http://www.nytimes.com/2011/09/14/us/north-carolina-voters-to-decide-on
-same-sex-marriage.html?_r=1&ref=politics>  was not pushed to be on the
general election ballot, as a potential way of getting out the
Republican vote. Could it be that public opinion has shifted enough so
that this is not a reliable type of measure to get a net gain in
conservative votes?

Joe
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On Wed, Sep 14, 2011 at 10:36 AM, Rick Hasen <rhasen at law.uci.edu> wrote:

"NJ Election Cover-Up" <http://electionlawblog.org/?p=23074>  

Posted on September 14, 2011 7:34 am
<http://electionlawblog.org/?p=23074>  by Rick Hasen
<http://electionlawblog.org/?author=3>  

Don't miss this first of four posts
<https://freedom-to-tinker.com/blog/appel/nj-election-cover> by
Princeton computer scientist Andrew Appel: "There is a reason to believe
that New Jersey election officials have destroyed evidence in a pending
court case, perhaps to cover up the noncompliance with these measures or
to cover up irregularities in this election. There is enough evidence of
a cover-up that a Superior Court judge has referred the matter to the
State prosecutor's office."

This should get some national coverage.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D23074&title=%E2%80%9CNJ%20Election%20Cover-Up%E2%80%9D&descrip
tion=> 

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

Carl Lewis Case Going Further, With Petition to Third Circuit En Banc or
Supreme Court <http://electionlawblog.org/?p=23072>  

Posted on September 14, 2011 7:31 am
<http://electionlawblog.org/?p=23072>  by Rick Hasen
<http://electionlawblog.org/?author=3>  

See here
<http://www.forbes.com/feeds/ap/2011/09/13/general-us-carl-lewis-residen
cy_8676979.html>  (via Richard Winger
<http://www.ballot-access.org/2011/09/13/opponents-of-carl-lewis-will-ap
peal-ruling-that-put-him-on-ballot/> ).

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D23072&title=Carl%20Lewis%20Case%20Going%20Further%2C%20With%20
Petition%20to%20Third%20Circuit%20En%20Banc%20or%20Supreme%20Court&descr
iption=> 

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

"The pitfalls of a third-party candidacy"
<http://electionlawblog.org/?p=23070>  

Posted on September 14, 2011 7:28 am
<http://electionlawblog.org/?p=23070>  by Rick Hasen
<http://electionlawblog.org/?author=3>  

Norm Ornstein and Tom Mann have written this WaPo oped
<http://www.washingtonpost.com/opinions/the-pitfalls-of-a-third-party-ca
ndidacy/2011/09/08/gIQA4axWQK_story.html?hpid=z5> .

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D23070&title=%E2%80%9CThe%20pitfalls%20of%20a%20third-party%20c
andidacy%E2%80%9D&description=> 

Posted in third parties <http://electionlawblog.org/?cat=47>  | Comments
Off 

Gay Marriage Initiative Timing <http://electionlawblog.org/?p=23067>  

Posted on September 14, 2011 7:22 am
<http://electionlawblog.org/?p=23067>  by Rick Hasen
<http://electionlawblog.org/?author=3>  

I'm surprised this North Carolina measure
<http://www.nytimes.com/2011/09/14/us/north-carolina-voters-to-decide-on
-same-sex-marriage.html?_r=1&ref=politics>  was not pushed to be on the
general election ballot, as a potential way of getting out the
Republican vote. Could it be that public opinion has shifted enough so
that this is not a reliable type of measure to get a net gain in
conservative votes?

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D23067&title=Gay%20Marriage%20Initiative%20Timing&description=>

Posted in direct democracy <http://electionlawblog.org/?cat=62>  |
Comments Off 

Quote of the Day <http://electionlawblog.org/?p=23064>  

Posted on September 14, 2011 7:19 am
<http://electionlawblog.org/?p=23064>  by Rick Hasen
<http://electionlawblog.org/?author=3>  

The Ohio congressional redistricting plan "has all the earmarks of a
partisan gerrymander, and I would be shocked if it were not challenged
on constitutional grounds."

Dan Tokaji, testifying
<http://www.the-daily-record.com/news/article/5095582>  about the
proposed plan.  I might add that I would be shocked if a partisan
gerrymander challenge succeeds, in Ohio or anywhere.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D23064&title=Quote%20of%20the%20Day&description=> 

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

Fraudulent Fraud Squad Lesson # 2 <http://electionlawblog.org/?p=23061>

Posted on September 14, 2011 7:16 am
<http://electionlawblog.org/?p=23061>  by Rick Hasen
<http://electionlawblog.org/?author=3>  

If the Republican wins
<http://www.nytimes.com/2011/09/14/nyregion/ny-democrats-try-to-avoid-up
set-in-special-election.html?hp>  the race, forget allegations
<http://electionlawblog.org/?p=22999>  of voter fraud made before the
election.  (Lesson # 1 is to scream voter fraud if it looks like the
Democrat may win.)

I give some examples of this phenomenon in The Voting Wars.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D23061&title=Fraudulent%20Fraud%20Squad%20Lesson%20%23%202&desc
ription=> 

Posted in election administration <http://electionlawblog.org/?cat=18> ,
fraudulent fraud squad <http://electionlawblog.org/?cat=8>  | Comments
Off 

"It's Not Just Who You Are, It's Where You Live: Domicile and the
Elections Stained Glass Window" <http://electionlawblog.org/?p=23059>  

Posted on September 14, 2011 7:14 am
<http://electionlawblog.org/?p=23059>  by Rick Hasen
<http://electionlawblog.org/?author=3>  

Doug Chapin muses
<http://blog.lib.umn.edu/cspg/peea/2011/09/its_not_just_who_you_are_its_
w.php> .

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D23059&title=%E2%80%9CIt%E2%80%99s%20Not%20Just%20Who%20You%20A
re%2C%20It%E2%80%99s%20Where%20You%20Live%3A%20Domicile%20and%20the%20El
ections%20Stained%20Glass%20Window%E2%80%9D&description=> 

Posted in election administration <http://electionlawblog.org/?cat=18> ,
residency <http://electionlawblog.org/?cat=38>  | Comments Off 

"3-3 FEC Vote Drops Charge Denham Used State Campaign Funds for U.S.
House Race" <http://electionlawblog.org/?p=23056>  

Posted on September 13, 2011 8:48 pm
<http://electionlawblog.org/?p=23056>  by Rick Hasen
<http://electionlawblog.org/?author=3>  

The usua
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=22826680&vname
=mpebulallissues&fn=22826680&jd=a0c9a1m8u0&split=0> l.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D23056&title=%E2%80%9C3-3%20FEC%20Vote%20Drops%20Charge%20Denha
m%20Used%20State%20Campaign%20Funds%20for%20U.S.%20House%20Race%E2%80%9D
&description=> 

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

Kris Kobach and the Seven Dwarfs <http://electionlawblog.org/?p=23053>  

Posted on September 13, 2011 8:45 pm
<http://electionlawblog.org/?p=23053>  by Rick Hasen
<http://electionlawblog.org/?author=3>  

During yesterday's "To the Point" show
<http://www.kcrw.com/news/programs/tp/tp110912is_there_a_war_on_vo> ,
Kansas Secretary of State Kris Kobach and I went over the question
whether voter identification laws actually can prevent fraud.  I pointed
out that impersonation fraud rarely if ever happens, and Kobach
confirmed he's got no cases of impersonation fraud he can point to in
Kansas.  But Kobach also said that a state id requirement would be
necessary to prevent a different type of crime: the use of false
registrations (of fictitious people) to cast votes in elections.  He
gave the example of someone registering and voting ballots for the
fictitious seven dwarfs.  I pointed out that I was not aware of a single
case of fraudulent registrations (such as from ACORN) leading to actual
fraudulent votes (the reason the ACORN-type fraud occurred was because
poor people who worked to register voters made up fake names to keep
their jobs, not to rig elections.)  But a reader sends along another
great point about why a state i.d. is unnecessary to stop voter fraud in
this instance:

	I was struck by the "perfect crime" tale - the  hypothetical
attempt to register the seven dwarves. He seems to have ignored that
HAVA's voter id requirements for any voter who registers to vote by mail
and has not previously voted in a Federal election. (See HAVA Section
303)  That is of course, presuming that Sleepy and Grumpy are not long
time registered voters. If those "voters" want to vote absentee (I doubt
the fraudster would be able to produce Sleepy and Grumpy to cast an in
person vote without arousing some suspicion), they are required to
provide a valid photo ID or a current utility bill, bank statement,
government check, paycheck or other government document that shows the
name and address of the voter.

This "perfect crime" meme is a recent theme of the fraudulent fraud
squad.  As I pointed out on yesterday's show, we see prosecutions, or at
least credible reports, of other types of voter fraud-absentee vote
buying, double voting, etc., but not of impersonation fraud.  Why not?
As I argue in The Voting Wars, it is an exceedingly dumb way to try to
steal an election.  And it is the kind of fraud which would be the
hardest to try to hide, because it involves a conspiracy to find many
voters to go into the polling place as impersonators. The reason we
don't see it is because it rarely, if ever, happens, and not on any kind
of scale to change election outcomes.

Nonetheless, former Indana SOS (and now Member of Congress) Todd Rokita
made the same perfect crime point
<http://tpmmuckraker.talkingpointsmemo.com/2011/09/gop_rep_voter_fraud_h
appening_everywhere_but_prosecutors_wouldnt_take_cases_video.php?ref=fpc
>  testifying before the Senate Judiciary Committee.  This, even though
his lawyers stipulated in court during the Crawford challenge to
Indiana's photo ID law that there has never been a single case of voter
impersonation fraud in Indiana's history.

The perfect crime indeed.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D23053&title=Kris%20Kobach%20and%20the%20Seven%20Dwarfs&descrip
tion=> 

Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8> , 
The Voting Wars <http://electionlawblog.org/?cat=60> , voter id
<http://electionlawblog.org/?cat=9>  | 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

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