[EL] ELB News and Commentary 8/1/12
Rick Hasen
rhasen at law.uci.edu
Wed Aug 1 08:21:34 PDT 2012
"Federal lawsuit, filed in Des Moines, seeks clarity on campaign
disclosure requirements" <http://electionlawblog.org/?p=37854>
Posted on August 1, 2012 7:39 am <http://electionlawblog.org/?p=37854>
by Rick Hasen <http://electionlawblog.org/?author=3>
IndyStar <http://www.indystar.com/article/D2/20120730/NEWS09/120730031>:
When references to "the White House," "the administration" and "the
government" show up in a political attack ad, do they clearly
identify a political candidate? That's a question the Federal
Election Commission
<http://www.indystar.com/article/D2/20120730/NEWS09/120730031#>
failed to answer this summer, and which now is before a federal
court judge in Des Moines.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Philly Mayor: Pennsylvania Voter ID Law 'A Bad Solution Looking For
A Problem'" <http://electionlawblog.org/?p=37851>
Posted on August 1, 2012 7:36 am <http://electionlawblog.org/?p=37851>
by Rick Hasen <http://electionlawblog.org/?author=3>
TPM reports
<http://tpmmuckraker.talkingpointsmemo.com/2012/08/philadelphia_mayor_michael_nutter_pennsylvania_voter_id_law.php>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9> | Comments Off
"Ted Cruz wins Texas Senate primary in a victory for tea party"
<http://electionlawblog.org/?p=37849>
Posted on August 1, 2012 7:36 am <http://electionlawblog.org/?p=37849>
by Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports
<http://www.washingtonpost.com/politics/ted-cruz-wins-texas-senate-primary-in-a-victory-for-tea-party/2012/07/31/gJQAW2i5NX_story.html?hpid=z1>.
Mike Allen (Playbook):
*WHAT THE TEA PARTY WIN MEANS TO GOVERNING *: The 13-point victory
by Ted Cruz, the former Texas solicitor general, over the sitting
lieutenant governor, David Dewhurst, is a dramatic manifestation of
the repeated pattern in GOP primaries over the past three years:
upset victories by more-conservative, non-establishment candidates.
Don't underestimate the level of BUSH GUILT among activists over the
spending of the past decade, and their determination to undo it.
This means a growing swath of Capitol Hill Republicans have NO
allegiance to leadership: The incentive, rather, is to REMAIN PURE.
And these candidates have access to their own media and money -- the
traditional party levers for containing rebels.
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Posted in campaigns <http://electionlawblog.org/?cat=59>, legislation
and legislatures <http://electionlawblog.org/?cat=27>, lobbying
<http://electionlawblog.org/?cat=28> | Comments Off
"In Indiana Senate race, Democrat Donnelly looks across the aisle"
<http://electionlawblog.org/?p=37847>
Posted on August 1, 2012 7:33 am <http://electionlawblog.org/?p=37847>
by Rick Hasen <http://electionlawblog.org/?author=3>
The Indiana Senate race
<http://www.washingtonpost.com/blogs/she-the-people/post/in-indiana-senate-race-democrat-donnelly-looks-across-the-aisle/2012/07/31/gJQAGHFkNX_blog.html>
may be surprisingly competitive.
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"Why Not in Vegas?" <http://electionlawblog.org/?p=37844>
Posted on August 1, 2012 7:29 am <http://electionlawblog.org/?p=37844>
by Rick Hasen <http://electionlawblog.org/?author=3>
Tom Friedman NYT column
<http://www.nytimes.com/2012/08/01/opinion/friedman-why-not-in-vegas.html?ref=opinion>:
I'll make this quick. I have one question and one observation about
Mitt Romney's visit to Israel. The question is this: Since the whole
trip was not about learning anything but about how to satisfy the
political whims of the right-wing, super pro-Bibi Netanyahu,
American Jewish casino magnate Sheldon Adelson, why didn't they just
do the whole thing in Las Vegas? I mean, it was all about money
anyway --- how much Romney would abase himself by saying whatever
the Israeli right wanted to hear and how big a jackpot of donations
Adelson would shower on the Romney campaign in return. Really, Vegas
would have been so much more appropriate than Jerusalem. They could
have constructed a plastic Wailing Wall and saved so much on gas.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"In 2013 Races, New York Prepares for 'Super PAC' Effect"
<http://electionlawblog.org/?p=37842>
Posted on August 1, 2012 7:28 am <http://electionlawblog.org/?p=37842>
by Rick Hasen <http://electionlawblog.org/?author=3>
NYT reports
<http://www.nytimes.com/2012/08/01/nyregion/new-york-city-regulators-prepare-for-super-pacs-effect-on-local-elections.html?_r=1&ref=nyregion>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Feds: Florida's voter purge violates federal law; The Justice
Department says Florida never submitted the new 'citizenship list
maintenance practices' to them for approval."
<http://electionlawblog.org/?p=37839>
Posted on July 31, 2012 9:19 pm <http://electionlawblog.org/?p=37839> by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Miami Herald/ reports
<http://www.miamiherald.com/2012/07/31/2923382_feds-floridas-voter-purge-violates.html#storylink=addthis>.
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voter registration
<http://electionlawblog.org/?cat=37>, voting
<http://electionlawblog.org/?cat=31>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
"GOP: W.H., Messina 'failed' on transparency"
<http://electionlawblog.org/?p=37836>
Posted on July 31, 2012 8:59 pm <http://electionlawblog.org/?p=37836> by
Rick Hasen <http://electionlawblog.org/?author=3>
Caribou Coffee across from the White House and private email addresses
make a comeback.
<http://dyn.politico.com/printstory.cfm?uuid=9CE3422E-F821-4561-B624-E97E09C3680F>
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, lobbying
<http://electionlawblog.org/?cat=28> | Comments Off
Gear Up for Some Sixth Circuit Election Law Fireworks Involving Ohio
Provisional Ballots <http://electionlawblog.org/?p=37833>
Posted on July 31, 2012 8:49 pm <http://electionlawblog.org/?p=37833> by
Rick Hasen <http://electionlawblog.org/?author=3>
Looks like a preliminary injunction is likely to issue
<http://moritzlaw.osu.edu/electionlaw/analysis/index.php?ID=9525> in the
Ohio provisional ballot litigation. Expect an appeal to the Sixth
Circuit. (h/t BAN
<http://www.ballot-access.org/2012/07/31/u-s-district-court-seems-likely-to-rule-in-favor-of-voters-in-ohio-lawsuit-on-provisional-voting/>)
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Posted in election administration <http://electionlawblog.org/?cat=18>,
provisional ballots <http://electionlawblog.org/?cat=67>, The Voting
Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Super PACs help tea party candidate win Senate runoff in Texas"
<http://electionlawblog.org/?p=37829>
Posted on July 31, 2012 7:48 pm <http://electionlawblog.org/?p=37829> by
Rick Hasen <http://electionlawblog.org/?author=3>
iWatchreports
<http://www.iwatchnews.org/2012/07/31/10488/super-pacs-help-tea-party-candidate-win-senate-runoff-texas>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Brennan Center Defends West Virginia Judicial Public Financing
Program" <http://electionlawblog.org/?p=37826>
Posted on July 31, 2012 6:43 pm <http://electionlawblog.org/?p=37826> by
Rick Hasen <http://electionlawblog.org/?author=3>
See this press release
<http://www.brennancenter.org/content/resource/brennan_center_defends_west_virginia_judicial_public_financing_program>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
judicial elections <http://electionlawblog.org/?cat=19> | Comments Off
"Preview: Suppressing the Vote" <http://electionlawblog.org/?p=37824>
Posted on July 31, 2012 6:42 pm <http://electionlawblog.org/?p=37824> by
Rick Hasen <http://electionlawblog.org/?author=3>
Bill Moyers & Company
<http://billmoyers.com/segment/preview-suppressing-the-vote/> on the
latest volleys in the voting wars.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"K Street Files: Public Says Lobbyists Bad, Lobbying Good"
<http://electionlawblog.org/?p=37822>
Posted on July 31, 2012 6:41 pm <http://electionlawblog.org/?p=37822> by
Rick Hasen <http://electionlawblog.org/?author=3>
Roll Call reports
<http://www.rollcall.com/news/k_street_files_public_says_lobbyists_bad_lobbying_good-216588-1.html>.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, lobbying
<http://electionlawblog.org/?cat=28> | Comments Off
"U.S. judge strikes down Va. law on ballot petitions"
<http://electionlawblog.org/?p=37819>
Posted on July 31, 2012 6:31 pm <http://electionlawblog.org/?p=37819> by
Rick Hasen <http://electionlawblog.org/?author=3>
AP reports
<http://www2.timesdispatch.com/news/virginia-politics/2012/jul/31/us-judge-strikes-down-va-law-on-ballot-petitions-ar-2097983/>.
BAN links
<http://www.ballot-access.org/2012/07/30/u-s-district-court-invalidates-virginias-ban-on-out-of-state-circulators/>to
the opinion <http://www.ballot-access.org/2012/Virginia-victory.pdf>. I
also thought this footnote addressing the state's allegation that
non-residents were more likely to commit election fraud has broader
significance:
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Posted in direct democracy <http://electionlawblog.org/?cat=62>,
election administration <http://electionlawblog.org/?cat=18>, petition
signature gathering <http://electionlawblog.org/?cat=39> | Comments Off
Pa Voter ID Law Just Not Ready for Prime Time
<http://electionlawblog.org/?p=37813>
Posted on July 31, 2012 1:10 pm <http://electionlawblog.org/?p=37813> by
Rick Hasen <http://electionlawblog.org/?author=3>
We can argue (and do) about whether state voter id laws are necessary or
not, but arguments in favor of them are premised on the idea that the
state can competently administer the law and make sure that people who
want i.d.'s can get them.
I've already flagged how Pennsylvania's new law was poorly drafted to
give too much discretion <http://electionlawblog.org/?p=37605> to
election officials to decide what kinds of forms of i.d. should be
acceptable and who counts as an indigent.
But the bigger problem that has come to light in the current trial is
that Pa. officials do not have a good handle on how many people need an
i.d., and those charged with administering the law don't seem to be
taking seriously their obligation to get i.d.'s into the hands of
eligible voters in time for November's election.
>From a CBS report
<http://philadelphia.cbslocal.com/2012/07/31/pa-top-election-official-disputes-negative-impact-of-new-voter-id-law/#.UBgjEKhMR-0.twitter>on
today's trial:
Pennsylvania's Secretary of the Commonwealth was on the witness
stand today, during day five of the court hearing on Pennsylvania's
new voter ID law.
And her testimony just added to the confusion over exactly how many
voters need ID.
Secretary of the Commonwealth Carole Aichele is the top state
official in charge of implementing the voter ID. But when she took
the stand she was cagey, even making jokes in some instances in her
response to plaintiffs' attorneys.
At one point, when lawyers asked her about the details of the voter
ID law, Aichele responded, "I don't know what the law says."...
When lawyers questioned Aichele today about the number of
Pennsylvanians who need ID, Aichele was adamant that 99 percent of
voters had valid ID.
When plaintiffs' attorneys cited earlier Department of State
testimony that the number is likely inaccurate, Aichele said simply,
"I disagree."
She later admitted that the state does not know the real number of
voters who need ID.
The more I hear about the trial, the more convinced I am that a
fair-minded judge (which this trial judge certainly appears to be)
<http://www.mcall.com/news/local/elections/mc-pa-voter-id-supreme-court-20120727,0,5975321,full.story>
would be likely to issue a preliminary injunction barring the use of the
i.d. requirement in the November elections. That would give the state
time to get its act together by 2014, the next federal elections.
I should add that with Pa. Supreme Court Justice Orie temporarily off
the court while criminal charges <http://electionlawblog.org/?p=37776>
against her are heard, there's the possibility of a 3-3 split
<http://www.post-gazette.com/stories/business/legal/pennsylvania-supreme-court-sees-first-3-3-split-since-melvins-suspension-646812/>
should any decision on the preliminary injunction be appealed to the Pa.
Supreme Court.
A tie
<http://howappealing.law.com/HJBColumn-061212-OptForEfficiencyOverProlongedDeadlock.pdf>
would leave the trial judge's decision standing.
This is likely the most consequential voter i.d. case in the country for
purposes of the presidential election, because Pa. is the only
presidential swing state where there is uncertainty as to whether the
voter i.d. law will be in place this November.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9> | Comments Off
Doonesbury on Voter Suppression <http://electionlawblog.org/?p=37810>
Posted on July 31, 2012 12:50 pm <http://electionlawblog.org/?p=37810>
by Rick Hasen <http://electionlawblog.org/?author=3>
I missed this last week. The first cartoon ishere
<http://doonesbury.slate.com/strip/archive/2012/7/24>, and then hit next
to read each additional cartoon in the series.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9>, voter registration
<http://electionlawblog.org/?cat=37> | Comments Off
"Better Design, Better Elections" <http://electionlawblog.org/?p=37807>
Posted on July 31, 2012 10:22 am <http://electionlawblog.org/?p=37807>
by Rick Hasen <http://electionlawblog.org/?author=3>
New Brennan Center report
<http://www.brennancenter.org/content/resource/better_design_better_elections>:
By Lawrence Norden
/-- 07/31/12/
Design defects in ballots, voter instructions, and voting machines
contributed to the loss of several hundred thousand votes in the
most recent national elections. In addition, in the 2008 and 2010
general elections combined, as many as 400,000 people had their
absentee or provisional ballot rejected because they made technical
mistakes completing forms or preparing and returning the envelope.
This comprehensive study outlines simple measures election officials
can take before November to cure design defects and ensure every
voter can cast a ballot that counts.
Download the Report (PDF)
<http://www.brennancenter.org/page/-/Democracy/VRE/Better_Design_Better_Elections.pdf>
*Key Points
*
American elections are marred by major design problems. As
smartphones and computer tablets have convinced many people and
businesses of the importance of good design and usability, elections
have changed far more slowly.
* Poor design increases the risk of lost or misrecorded votes
among all voters, but the risk is even greater for particular
groups, including low-income voters and the elderly.
* As documented in this report, several hundred thousand votes
were not counted in the 2008 and 2010 elections because of voter
mistakes, in some cases affecting the outcome of critical contests.
* The rise of absentee and provisional voting since 2000 has only
increased the importance of design in elections. We estimate
that in the 2008 and 2010 general elections combined, as many as
400,000 people had their absentee or provisional ballot rejected
because they made technical mistakes completing the forms or
preparing and returning the envelope.
* There are simple measures election officials can take before
November to cure design defects in ballots, voting machines, and
voter instructions.
* We encourage election officials to review lost vote data from
previous elections, conduct usability tests, and work with
experts to find design problems and solutions before this
November's election.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voting
<http://electionlawblog.org/?cat=31>, voting technology
<http://electionlawblog.org/?cat=40> | Comments Off
"Partisan Rifts Hinder Efforts to Improve U.S. Voting System"
<http://electionlawblog.org/?p=37803>
Posted on July 31, 2012 9:47 am <http://electionlawblog.org/?p=37803> by
Rick Hasen <http://electionlawblog.org/?author=3>
Must-read NYT report
<http://www.nytimes.com/2012/08/01/us/voting-systems-plagues-go-far-beyond-identification.html?pagewanted=all>.
[This post has been updated with the updated headline of the NYT report.]
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9>, voter registration
<http://electionlawblog.org/?cat=37>, voting technology
<http://electionlawblog.org/?cat=40> | Comments Off
"Statistical Probability That Mitt Romney's New Twitter Followers
Are Just Normal Users: 0%" <http://electionlawblog.org/?p=37799>
Posted on July 31, 2012 8:51 am <http://electionlawblog.org/?p=37799> by
Rick Hasen <http://electionlawblog.org/?author=3>
The Atlantic reports
<http://www.theatlantic.com/technology/archive/2012/07/statistical-probability-that-mitt-romneys-new-twitter-followers-are-just-normal-users-0/260539/>.
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Posted in campaigns <http://electionlawblog.org/?cat=59>, social media
and social protests <http://electionlawblog.org/?cat=58> | Comments Off
--
Rick Hasen
Chancellor's 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
Pre-order The Voting Wars: http://amzn.to/y22ZTv
www.thevotingwars.com
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