[EL] ELB News and Commentary 8/6/12

Mon Aug 6 12:17:11 PDT 2012

Great piece, even Valuable!

One tiny reaction:  Has anyone written on the reasonS why the Election
Assistance Cmn has been such a flop?  Yes of course the statute didn't
set it up for success.  But the FEC was written of as, back around 1066,
"Stalled from the Start".  The EAC, so limited a threat, has been worse
than stalled.  Tho we know pretty well Why, might there be some learning
in examining its fade from poor to dead?  If it had done nothing but get
out reports about Best Practices, wouldn't that be significant help?

Roy A. Schotland

Professor Emeritus

Georgetown Law Center

600 New Jersey Ave. N.W.

Washington, D.C. 20001

202/662-9098

        fax: -9680

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of
Goldfeder, Jerry H.
Sent: Monday, August 06, 2012 11:24 AM
To: 'Rick Hasen'; law-election at uci.edu
Subject: Re: [EL] ELB News and Commentary 8/6/12

Great piece, rick

Jerry H. Goldfeder

Stroock & Stroock & Lavan LLP

180 Maiden Lane

New York, NY 10038

212-806-5857   (office)

917-680-3132   (cell)

212-806-7857   (fax)

jgoldfeder at stroock.com

www.stroock.com/goldfeder

From: law-election-bounces at department-lists.uci.edu [
mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick
Hasen
Sent: Monday, August 06, 2012 11:15 AM
To: law-election at uci.edu
Subject: [EL] ELB News and Commentary 8/6/12

"A Detente Before the Election" <http://electionlawblog.org/?p=38166>  

Posted on August 6, 2012 8:11 am <http://electionlawblog.org/?p=38166>
by Rick Hasen <http://electionlawblog.org/?author=3>  

I have written this oped
<http://campaignstops.blogs.nytimes.com/2012/08/05/a-dtente-before-the-e
lection/?ref=opinion> for today's New York Times.  It begins:

	Does voter fraud sometimes happen in the United States? You bet.
But we are dealing with this relatively small problem in an irrational
and partisan way.

	In a 1996 primary
<http://caselaw.findlaw.com/us-11th-circuit/1374910.html>  in Dodge
County, Ga., rival camps for county commissioner set up tables at
opposite ends of the county courthouse and bid for voters' absentee
votes in what a county magistrate later called a "flea market"
atmosphere.

	Recently, officials
<http://latimesblogs.latimes.com/lanow/2012/07/cudahy-corruption-electio
n-fraud.html>  in Cudahy, Calif., admitted intercepting absentee ballots
and throwing out ballots not cast for incumbents. Every year we see
convictions for absentee ballot fraud. Not a lot, but enough to know
it's a problem.

	So you might think that Republicans, newly obsessed with voter
fraud, would call for eliminating absentee ballots, or at least
requiring that voters who use them show some need, like a medical
condition. But Republicans don't talk much about reining in absentee
ballots. Eliminating them would inconvenience some voters and would
likely cut back on voting by loyal Republican voters, especially elderly
and military voters.

	If only Republicans would apply that same logic to
voter-identification laws.

Another snippet:

	While Republicans have been more to blame than Democrats,
partisanship runs both ways. Democrats reflexively oppose efforts to
deal with ineligible voters casting ballots, likely out of fear that the
new requirements will make it harder for casual voters supporting
Democrats to cast a ballot. They have adamantly opposed the efforts of 
Florida and other states
<http://www.nytimes.com/2012/07/15/us/politics/us-to-let-florida-use-hom
eland-security-data-for-voter-check.html>  where Republican election
officials want to remove noncitizens from the voting rolls. Noncitizen
voting is a real, if small <http://electionlawblog.org/?p=10253> ,
problem: a Congressional investigation found that some noncitizens voted
<http://www.washingtonpost.com/wp-srv/politics/campaigns/keyraces98/stor
ies/cahouse020598.htm>  in the close 1996 House race in California
between Robert K. Dornan, a Republican, and Loretta Sanchez, a Democrat,
but not enough
<http://articles.latimes.com/1997-05-11/news/mn-57795_1_indiana-vote>
to affect the outcome. Unlike impersonation fraud, noncitizen voting
cannot be dismissed as a Republican fantasy.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38166&title=%E2%80%9CA%20Detente%20Before%20the%20Election%E2%
80%9D&description=> 

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 

"Outside Cash in Missouri Race Could Be a National Model"
<http://electionlawblog.org/?p=38163>  

Posted on August 6, 2012 8:06 am <http://electionlawblog.org/?p=38163>
by Rick Hasen <http://electionlawblog.org/?author=3>  

Must-read
<http://www.nytimes.com/2012/08/06/us/politics/in-missouri-senate-race-a
ds-beset-incumbent-democrat.html?_r=1&smid=pl-share> NYT report.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38163&title=%E2%80%9COutside%20Cash%20in%20Missouri%20Race%20C
ould%20Be%20a%20National%20Model%E2%80%9D&description=> 

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

"Voting time a partisan battle; Urban areas cut hours as GOP-leaning
counties add" <http://electionlawblog.org/?p=38160>  

Posted on August 6, 2012 8:04 am <http://electionlawblog.org/?p=38160>
by Rick Hasen <http://electionlawblog.org/?author=3>  

The latest
<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201208052259/NEWS
0106/308050053>  from Ohio.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38160&title=%E2%80%9CVoting%20time%20a%20partisan%20battle%3B%
20Urban%20areas%20cut%20hours%20as%20GOP-leaning%20counties%20add%E2%80%
9D&description=> 

Posted in election administration <http://electionlawblog.org/?cat=18> ,
The Voting Wars <http://electionlawblog.org/?cat=60> , voting
<http://electionlawblog.org/?cat=31>  | Comments Off 

"Virginia Board Meeting on Voter Mailers"
<http://electionlawblog.org/?p=38158>  

Posted on August 6, 2012 8:02 am <http://electionlawblog.org/?p=38158>
by Rick Hasen <http://electionlawblog.org/?author=3>  

See here
<http://www2.timesdispatch.com/news/news/2012/aug/06/tdmet01-va-board-to
-meet-on-voter-mailings-ar-2110799/> .

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38158&title=%E2%80%9CVirginia%20Board%20Meeting%20on%20Voter%2
0Mailers%E2%80%9D&description=> 

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 

"Congress Has 13 Work Days Until Election for Must-Do Work"
<http://electionlawblog.org/?p=38156>  

Posted on August 6, 2012 8:01 am <http://electionlawblog.org/?p=38156>
by Rick Hasen <http://electionlawblog.org/?author=3>  

Bloomberg reports <http://bloom.bg/Q0Yl4H> .

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38156&title=%E2%80%9CCongress%20Has%2013%20Work%20Days%20Until
%20Election%20for%20Must-Do%20Work%E2%80%9D&description=> 

Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>  | Comments Off 

"In Ohio and elsewhere, battles over state voting laws head to court"
<http://electionlawblog.org/?p=38154>  

Posted on August 6, 2012 7:56 am <http://electionlawblog.org/?p=38154>
by Rick Hasen <http://electionlawblog.org/?author=3>  

Must-read
<http://www.washingtonpost.com/politics/in-ohio-and-elsewhere-battles-ov
er-state-voting-laws-head-to-court/2012/08/05/a56b8ad6-dc19-11e1-8e43-4a
3c4375504a_story.html?hpid=z4>  WaPo report.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38154&title=%E2%80%9CIn%20Ohio%20and%20elsewhere%2C%20battles%
20over%20state%20voting%20laws%20head%20to%20court%E2%80%9D&description=
> 

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 

"Nancy Cassis Hopes Voters Are Ready to Write (Her In)"
<http://electionlawblog.org/?p=38151>  

Posted on August 6, 2012 7:54 am <http://electionlawblog.org/?p=38151>
by Rick Hasen <http://electionlawblog.org/?author=3>  

Roll Call reports
<http://www.rollcall.com/issues/58_17/Cassis-Hopes-Votera-Ar-Ready-to-Wr
ite-Her-In-216741-1.html?pos=htmbtxt> .

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38151&title=%E2%80%9CNancy%20Cassis%20Hopes%20Voters%20Are%20R
eady%20to%20Write%20%28Her%20In%29%E2%80%9D&description=> 

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

Absolutely Outrageous Attorney Fee Award Against Richard Winger and
Other Top Two Opponents in California
<http://electionlawblog.org/?p=38148>  

Posted on August 6, 2012 7:52 am <http://electionlawblog.org/?p=38148>
by Rick Hasen <http://electionlawblog.org/?author=3>  

The indispensable Richard Winger of Ballot Access News
<http://www.ballot-access.org/>  and a few other plaintiffs have been
hit
<http://www.nbcbayarea.com/blogs/prop-zero/The-Cost-of-Taking-on-Califor
nia-Reformers-164917176.html>  with attorneys fees
<http://www.corporatecrimereporter.com/news/200/wingermungerloserpays080
52012/>  for bringing a lawsuit in state court challenging aspects of
California's top two primary.

I am on the opposite side of Richard on the merits of these suits, but
this attorney fee award against plaintiffs suing to vindicate
constitutional rights is absolutely outrageous. Such fees should be
available only when an action is either frivolous or brought in bad
faith.  This lawsuit was neither.

I hope and expect either the trial judge will reconsider or the
California Court of Appeal will reverse.  This is nonsense.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38148&title=Absolutely%20Outrageous%20Attorney%20Fee%20Award%2
0Against%20Richard%20Winger%20and%20Other%20Top%20Two%20Opponents%20in%2
0California&description=> 

Posted in ballot access <http://electionlawblog.org/?cat=46>  | Comments
Off 

"Voter ID questions continue" <http://electionlawblog.org/?p=38146>  

Posted on August 6, 2012 7:48 am <http://electionlawblog.org/?p=38146>
by Rick Hasen <http://electionlawblog.org/?author=3>  

The Kansas City Kansan reports
<http://www.kckansan.com/2012/08/voter-id-questions-continue.html> .

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38146&title=%E2%80%9CVoter%20ID%20questions%20continue%E2%80%9
D&description=> 

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 

"Romney Fundraising Tops $100 Million Again"
<http://electionlawblog.org/?p=38143>  

Posted on August 6, 2012 7:42 am <http://electionlawblog.org/?p=38143>
by Rick Hasen <http://electionlawblog.org/?author=3>  

WSJ reports
<http://blogs.wsj.com/washwire/2012/08/06/romney-fundraising-tops-100-mi
llion-again/> .

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38143&title=%E2%80%9CRomney%20Fundraising%20Tops%20%24100%20Mi
llion%20Again%E2%80%9D&description=> 

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

"The Hunted Democrat: Super-PAC money cut his lead in half. Why Sherrod
Brown is running scared. " <http://electionlawblog.org/?p=38141>  

Posted on August 6, 2012 7:42 am <http://electionlawblog.org/?p=38141>
by Rick Hasen <http://electionlawblog.org/?author=3>  

Newsweek reports
<http://www.thedailybeast.com/newsweek/2012/08/05/how-super-pacs-cut-she
rrod-brown-s-lead-in-half.html> .

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38141&title=%E2%80%9CThe%20Hunted%20Democrat%3A%20Super-PAC%20
money%20cut%20his%20lead%20in%20half.%20Why%20Sherrod%20Brown%20is%20run
ning%20scared.%20%E2%80%9C&description=> 

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

"Outcome of ID-law challenge hard to predict"
<http://electionlawblog.org/?p=38138>  

Posted on August 6, 2012 7:38 am <http://electionlawblog.org/?p=38138>
by Rick Hasen <http://electionlawblog.org/?author=3>  

The Philadelphia Inquirer reports.
<http://www.philly.com/philly/news/politics/state/20120806_Outcome_of_ID
-law_challenge_hard_to_predict.html> 

Unfortunately, the article does not make clear a fundamental point I
tried to explain to the reporter: Crawford, the U.S. Supreme Court case,
was a challenge under the U.S. Constitution.  The Pa. case, like the
Wisconsin and Missouri cases, are cases under state constitutions.
State constitutional provisions guaranteeing the right to vote may be
stronger (or read differently) than the U.S. constitutional standard in
Crawford under the federal equal protection clause.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38138&title=%E2%80%9COutcome%20of%20ID-law%20challenge%20hard%
20to%20predict%E2%80%9D&description=> 

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 

"Absentee ballot fraud made easy in Miami-Dade"
<http://electionlawblog.org/?p=38135>  

Posted on August 5, 2012 4:09 pm <http://electionlawblog.org/?p=38135>
by Rick Hasen <http://electionlawblog.org/?author=3>  

Marc Caputo
<http://www.miamiherald.com/2012/08/05/v-fullstory/2934181/absentee-ball
ot-fraud-made-easy.html>  (Miami Herald):

	Psst!

	Wanna commit absentee-ballot fraud?

	Well, all you need is a computer, a telephone and a dummy
address. Armed with that, there's a good chance you can request and vote
another person's absentee ballot.

	It's a felony. It's not a guaranteed method to cast a fraudulent
vote that counts. And it's unlikely it could happen in big enough
numbers to change an election.

	But chances are you won't get caught because it can be done
anonymously.

	You can thank the Republican-led Legislature for all that.

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38135&title=%E2%80%9CAbsentee%20ballot%20fraud%20made%20easy%2
0in%20Miami-Dade%E2%80%9D&description=> 

Posted in absentee ballots <http://electionlawblog.org/?cat=53> , 
election administration <http://electionlawblog.org/?cat=18> , The
Voting Wars <http://electionlawblog.org/?cat=60> , voter id
<http://electionlawblog.org/?cat=9>  | Comments Off 

"Every Four Years, Man of the Hour"
<http://electionlawblog.org/?p=38132>  

Posted on August 5, 2012 4:01 pm <http://electionlawblog.org/?p=38132>
by Rick Hasen <http://electionlawblog.org/?author=3>  

NYT
<http://www.nytimes.com/2012/08/05/fashion/expert-on-vice-presidents-muc
h-in-demand.html?pagewanted=1&smid=tw-share> :

	JOEL K. GOLDSTEIN, a law professor at St. Louis University, is a
leading authority on the United States vice presidency. People seem to
respect him anyway. ...

	Another inclination I had when I heard about Mr. Goldstein (and
I'm not proud of this) was to be a wiseguy.

	"So, what does a vice-presidential scholar do all day?" I asked
when I reached him at his office, no doubt cluttered with the letters of
Garret Augustus Hobart. "Do you wait around in case something happens to
a presidential scholar?

	"Do you consider yourself a heartbeat away from presidential
scholarship?

	"Do presidential scholars send you to the funerals of foreign
presidential scholars?"

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38132&title=%E2%80%9CEvery%20Four%20Years%2C%20Man%20of%20the%
20Hour%E2%80%9D&description=> 

Posted in election law "humor" <http://electionlawblog.org/?cat=52> , 
pedagogy <http://electionlawblog.org/?cat=23>  | Comments Off 

"Axelrod: Military Voters Should Get Special Consideration In Voting"
<http://electionlawblog.org/?p=38129>  

Posted on August 5, 2012 3:52 pm <http://electionlawblog.org/?p=38129>
by Rick Hasen <http://electionlawblog.org/?author=3>  

BuzzFeed
<http://www.buzzfeed.com/zekejmiller/axelrod-military-voters-should-get-
special-consid> : "Obama campaign senior adviser David Axelrod gave
voice to a careful walk-back by the Obama campaign over its challenge to
an Ohio early voting law....In their initial filing, the Obama campaign
argued that it was arbitrary for military voters to be able to submit
ballots during the three-day period but not non-military voters. But now
they appear to be shifting their defense of the lawsuit, telling
BuzzFeed that what is arbitrary is not the difference between military
voters and ordinary civilians, but that the Ohio voters could vote in
the three-day period before the election in 2008 but cannot in 2012."

If that's the argument, what's the relevance of the military voter
period?

<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D38129&title=%E2%80%9CAxelrod%3A%20Military%20Voters%20Should%2
0Get%20Special%20Consideration%20In%20Voting%E2%80%9D&description=> 

Posted in election administration <http://electionlawblog.org/?cat=18> ,
military voting <http://electionlawblog.org/?cat=48> , The Voting Wars
<http://electionlawblog.org/?cat=60>  | 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
Now available: The Voting Wars: http://amzn.to/y22ZTv 

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