[EL] ELB News and Commentary 9/14/11
JBoppjr at aol.com
JBoppjr at aol.com
Thu Sep 15 05:14:22 PDT 2011
Or it could simply be that the people who are supporting the initiative
actually believe in it and are not using it as a means "of getting our the
Republican vote," as Rick suggests, so they want it adopted sooner rather
than later. In representing advocacy groups, I have found that they are much
more interested in getting their public policy positions adopted, then in
influencing elections. Jim Bopp
In a message dated 9/14/2011 1:46:35 P.M. Eastern Daylight Time,
wmaurer at ij.org writes:
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-support-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=po
litics) 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_
(mailto: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://electionlawblog.org/?p=23074&title=“NJ%20Election%20Cover-Up”&description=)
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-residency_8676979.html) (via _Richard Winger_
(http://www.ballot-access.org/2011/09/13/opponents-of-carl-lewis-will-appeal-ruling-that-put-him-on-ballo
t/) ).
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=23072&title=Carl%20Lewis%20Case%20Going%20Further,%20With%20Petition%20to%20Third
%20Circuit%20En%20Banc%20or%20Supreme%20Court&description=)
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-candidacy/2011/09/08/gIQ
A4axWQK_story.html?hpid=z5) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=23070&title=“The%20pitfalls%20of%20a%20third-party%20candidacy”&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=po
litics) 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://electionlawblog.org/?p=23067&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://electionlawblog.org/?p=23064&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-upset-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://electionlawblog.org/?p=23061&title=Fraudulent%20Fraud%20Squad%20Lesson%20#%202&description=)
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://electionlawblog.org/?p=23059&title=“It’s%20Not%20Just%20Who%20You%20Are,%20It’
s%20Where%20You%20Live:%20Domicile%20and%20the%20Elections%20Stained%20Glass%20Window”&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://electionlawblog.org/?p=23056&title=“
3-3%20FEC%20Vote%20Drops%20Charge%20Denham%20Used%20State%20Campaign%20Funds%20for%20U.S.%20House%20Race”&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_happening_everywhere_but_prosecutors_wouldnt_tak
e_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://electionlawblog.org/?p=23053&title=Kris%20Kobach%20and%20the%20Seven%20Dwarfs&description=)
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_ (tel:949.824.3072) - office
_949.824.0495_ (tel:949.824.0495) - fax
_rhasen at law.uci.edu_ (mailto:rhasen at law.uci.edu)
_http://law.uci.edu/faculty/page1_r_hasen.html_
(http://law.uci.edu/faculty/page1_r_hasen.html)
_http://electionlawblog.org_ (http://electionlawblog.org/)
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