[EL] ELB News and Commentary 8/29/12

Wed Aug 29 08:57:00 PDT 2012

    'Author of Voter ID Law Admits to Racist Email"
    <http://electionlawblog.org/?p=39301>

Posted on August 29, 2012 8:52 am <http://electionlawblog.org/?p=39301> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Political Wire reports. 
<http://politicalwire.com/archives/2012/08/29/author_of_voter_id_law_admits_to_racist_email.html>

More from McClatchy. 
<http://www.miamiherald.com/2012/08/28/2972807/s-carolina-lawmaker-admits-positive.html>

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Posted in chicanery <http://electionlawblog.org/?cat=12>, The Voting 
Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9> | Comments Off

    Kuff's World on the Texas Redstricting Decision
    <http://electionlawblog.org/?p=39299>

Posted on August 29, 2012 8:52 am <http://electionlawblog.org/?p=39299> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Here 
<http://blog.chron.com/kuffsworld/2012/08/federal-court-refuses-to-preclear-texas-redistricting-maps/>.

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Posted in redistricting <http://electionlawblog.org/?cat=6>, Voting 
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off

    'Congressional Staff and the Revolving Door: The Impact of
    Regulatory Change' <http://electionlawblog.org/?p=39296>

Posted on August 29, 2012 8:43 am <http://electionlawblog.org/?p=39296> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Lee Drutman and Bruce Cain have posted this draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2107220> on SSRN.  
Here is the abstract:

    We ask whether the 2007 Honest Leadership and Open Government Act
    lobbying regulations had the desired impact. We also develop and
    test a theory of why congressional staffers leave to become
    lobbyists. Our basic findings are as follows: The likelihood of
    moving from Congressional staff to lobbyist is highest for the more
    experienced and better-paid staff. The 2007 lobbying reforms had a
    measurable effect on lobbying registration in the first year out,
    but a much smaller effect on the probability of lobbying eventually.
    The effects were stronger in the Senate, which put in place tougher
    rules. We find no partisan differences.

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Posted in legislation and legislatures 
<http://electionlawblog.org/?cat=27>, lobbying 
<http://electionlawblog.org/?cat=28> | Comments Off

    "Democracy on the High Wire: Citizen Commission Implementation of
    the Voting Rights Act" <http://electionlawblog.org/?p=39293>

Posted on August 29, 2012 8:35 am <http://electionlawblog.org/?p=39293> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Justin Levitt has posted this draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2128923>on SSRN.  
Here is the abstract:

    The Voting Rights Act, often praised as the most successful civil
    rights statute, is among the most fact-intensive of election
    regulations. California, the country's most populous and most
    diverse state, is among the most challenging terrain for applying
    the Act. California is also the largest jurisdiction at the vanguard
    of a burgeoning experiment in indirect direct democracy: allowing
    lay citizens, not incumbent officials, to regulate the
    infrastructure of representation.

    In 2011, fourteen California citizens strode into the briar patch
    where citizen institutions intersect the Voting Rights Act. These
    fourteen comprised the state's brand-new Citizens Redistricting
    Commission: an official body of laypersons responsible for applying,
    in the face of substantial public skepticism, the most nuanced of
    regulations to the most complex political landscape in the country.

    This article, building on prior theoretical work regarding citizen
    control of public institutions, assesses the new Citizens
    Commission's approach to complying with the Voting Rights Act. It
    offers the first comprehensive review of an actual citizen
    commission's engagement with a legal structure that is poorly
    understood by most citizens. The article opens a rare window not
    only on the procedures involved in implementing the Voting Rights
    Act --- including new amendments applied to redistricting for the
    first time in 2011 --- but on the process by which a citizens
    commission may undertake public responsibilities more generally. And
    in so doing, it highlights decision paths likely to inform not only
    future citizen bodies, but a range of officials confronting the
    Voting Rights Act across the country.

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Posted in citizen commissions <http://electionlawblog.org/?cat=7>, 
redistricting <http://electionlawblog.org/?cat=6>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off

    "Texas Voter District Maps Rejected by U.S. Judges"
    <http://electionlawblog.org/?p=39290>

Posted on August 29, 2012 8:08 am <http://electionlawblog.org/?p=39290> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg reports. 
<http://www.bloomberg.com/news/2012-08-28/texas-voter-district-maps-rejected-by-u-s-judges.html>

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
redistricting <http://electionlawblog.org/?cat=6>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off

    "Donors Invest Millions in Romney for Billions in Returns"
    <http://electionlawblog.org/?p=39287>

Posted on August 29, 2012 8:04 am <http://electionlawblog.org/?p=39287> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg 
<http://www.bloomberg.com/news/2012-08-29/donors-invest-millions-in-romney-for-billions-in-returns.html>: 
'Top Republican contributors say they back the party's presidential 
candidate Mitt Romney <http://topics.bloomberg.com/mitt-romney/> because 
they agree with his small-government philosophy or oppose President 
Barack Obama <http://topics.bloomberg.com/barack-obama/>'s new 
regulations on banks and the health-care industry. Yet Romney is more 
than just a political kindred spirit; he's a sound investment. Here's 
how a Romney presidency might pay off --- literally --- for some of 
these super-donors."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Not Last, At Last: Online Voter Registration Comes to New York"
    <http://electionlawblog.org/?p=39284>

Posted on August 29, 2012 8:01 am <http://electionlawblog.org/?p=39284> 
by Rick Hasen <http://electionlawblog.org/?author=3>

A ChapinBlog 
<http://blog.lib.umn.edu/cspg/electionacademy/2012/08/not_last_at_last_online_voter.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
voting technology <http://electionlawblog.org/?cat=40> | Comments Off

    "Judge Issues Injunction Against Ohio's 'Wrong Precinct' Election
    Law" <http://electionlawblog.org/?p=39281>

Posted on August 29, 2012 7:58 am <http://electionlawblog.org/?p=39281> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The /Daily Beast/ reports 
<http://www.thedailybeast.com/articles/2012/08/29/judge-issues-injunction-against-ohio-s-wrong-precinct-election-law.html>.

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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

    Texas Redistricting Story Roundup <http://electionlawblog.org/?p=39277>

Posted on August 28, 2012 8:22 pm <http://electionlawblog.org/?p=39277> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Reuters 
<http://wsau.com/news/articles/2012/aug/28/federal-court-blocks-texas-voter-id-law/>

Austin American-Statesman 
<http://www.statesman.com/news/texas-politics/texas-redistricting-plan-denied-preclearance-abbott-will-appeal-2445139.html>

Houston Chronicle 
<http://www.chron.com/news/houston-texas/article/Panel-tosses-Texas-redistricting-maps-3822580.php>

National Law Journal 
<http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202569400775&DC_federal_court_finds_Texas_redistricting_plan_discriminatory&slreturn=20120728231702>

San Antonio Express-News 
<http://www.mysanantonio.com/news/local_news/article/S-Texas-districts-at-heart-of-redistricting-3822438.php>

Washington Post 
<http://www.washingtonpost.com/politics/texas-redistricting-discriminates-against-minorities-federal-court-says/2012/08/28/f6e6a2e0-f156-11e1-892d-bc92fee603a7_story.html>

CNN <http://www.cnn.com/2012/08/28/politics/texas-redistricting/index.html>

New York Times 
<http://www.nytimes.com/2012/08/29/us/federal-court-calls-texas-voting-maps-discriminatory.html?_r=1&ref=politics>

SCOTUSBlog <http://www.scotusblog.com/2012/08/texas-election-maps-voided/>

AP 
<http://hosted2.ap.org/PAERI/APOdd/Article_2012-08-28-Texas%20Redistricting/id-edee68bac4c444bebcde743ecceec404>

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
redistricting <http://electionlawblog.org/?cat=6>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off

    "Over Loud Boos, Romney Supporters Pass New Rules"
    <http://electionlawblog.org/?p=39274>

Posted on August 28, 2012 7:57 pm <http://electionlawblog.org/?p=39274> 
by Rick Hasen <http://electionlawblog.org/?author=3>

NYT's "The Caucus" blog 
<http://thecaucus.blogs.nytimes.com/2012/08/28/over-loud-boos-romney-supporters-pass-new-rules/>: 
" Mitt Romney's supporters passed new rules governing future primaries 
over the loud boos of Ron Paul supporters and other conservative 
activists who had objected to what they said was a power grab by the 
party's establishment leaders."

Don't miss the picture accompanying the article.

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Posted in political parties <http://electionlawblog.org/?cat=25>, 
primaries <http://electionlawblog.org/?cat=32> | Comments Off

    Will the Texas Redistricting Opinion Affect This November's
    Elections? <http://electionlawblog.org/?p=39266>

Posted on August 28, 2012 7:25 pm <http://electionlawblog.org/?p=39266> 
by Rick Hasen <http://electionlawblog.org/?author=3>

I thought the answer was certainly "no," but Michael Li offers 
<http://txredistricting.org/post/30405333129/so-what-happens-now>some 
alternative possibilities.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
redistricting <http://electionlawblog.org/?cat=6>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off

    Greg Colvin Sends Letter to IRS to Try to Get Some Clarity on What
    501(c)4s Can Do in Terms of Political Activity
    <http://electionlawblog.org/?p=39261>

Posted on August 28, 2012 7:19 pm <http://electionlawblog.org/?p=39261> 
by Rick Hasen <http://electionlawblog.org/?author=3>
Reprinted below with permission:
*From:* Gregory L. Colvin
*Sent:* Friday, August 24, 2012 3:36 PM
*To:* 'Lerner Lois G'
*Subject:* General Information Letter on 2 Issue Advocacy Revenue Rulings
You'll recall my May 7, 2012, letter suggesting that the IRS clear up 
the confusion surrounding how to use the two existing Revenue Rulings to 
determine, for instance, whether a (c)(4) has done too much political 
campaign activity to qualify for exemption.
Short of a new, consolidated ruling on issue advocacy vs. political 
campaign intervention, it seemed to me that if the Service could answer 
a few obvious, pointed questions about how the two Rulings should be 
construed, in a "general information letter," many recurring 
misconceptions could be corrected.
In my request, attached, 
<http://electionlawblog.org/wp-content/uploads/IRS-Rev-Ruls-on-Issue-Ads-GIL-request-00430120-1.pdf> 
I pose four common questions and the proposed answers.  If I'm right, 
this gives the IRS the opportunity to state, on the record, how these 
two rulings should be applied without altering them or making any new 
interpretations of the law.
If you can do this, with all deliberate speed, I believe it will 
properly focus public attention on the existence of real criteria for 
determining what is legitimate issue advocacy during the current 
election and what is not.  And it would make real compliance more likely.
I look forward to your reply.
Gregory L. Colvin
Adler & Colvin
235 Montgomery Street, Suite 1220
San Francisco, CA 94104
Tel: 415-421-7555 x.211
Fax: 415-421-0712
email: colvin at adlercolvin.com www.adlercolvin.com

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22> | Comments Off

    On Going Straight to Federal Court with a Section 5 Challenge
    <http://electionlawblog.org/?p=39258>

Posted on August 28, 2012 7:13 pm <http://electionlawblog.org/?p=39258> 
by Rick Hasen <http://electionlawblog.org/?author=3>

A reader writes:

    What are the odds that Hans von Spakovsky will admit this was bad
    advice?

*Abusing the Voting Rights Act 
<http://www.nationalreview.com/blogs/print/260303>*

    /
    /

    /The lesson here is that Republican-controlled legislatures that
    have drawn up redistricting plans that Democrats don't like would be
    foolish to submit those plans to the Civil Rights Division for
    administrative review.*Instead, they should go straight to the
    federal district court in D.C.*, the alternative procedure set forth
    in the Voting Rights Act. /

    /
    /
    /States must understand that they cannot expect to get an impartial
    hearing from this Justice Department. *They may still get a panel of
    liberal judges in federal court, but at least normal evidentiary
    standards will apply. In court, DOJ will have to provide actual
    evidence of discrimination* --- not the rank hearsay and imaginary
    evidence often considered in its own administrative review.
    *Moreover, states will be able to cross-examine their accusers in
    court.* That doesn't happen in the administrative setting. Indeed,
    the Justice Department often refuses to even tell states who has
    accused them of discrimination in their redistricting process.
    /(emphasis mine)

 From today's DDC Opinion (p. 43)

    /Next we consider Texas's request to preclear its State Senate Plan.
    *The United States has not objected to this plan*, but the
    /[Intervenors did]/ argue that the Senate Plan retrogresses and was
    enacted with discriminatory intent. Their arguments concern a single
    district, Senate District (SD) 10, which they contend is a coalition
    district in the benchmark plan, and which all parties agree is not
    an ability district in the enacted plan. These Intervenors also
    argue that discriminatory purpose motivated the legislature's
    decision to break up SD 10. We conclude that benchmark SD 10 is not
    a coalition district, and thus that *the Senate Plan is not
    retrogressive*. *Nevertheless, we deny preclearance because Texas
    failed to carry its burden to show that it acted without
    discriminatory purpose in the face of largely unrebutted defense
    evidence and clear on-the-ground evidence of "cracking" minority
    communities of interest* in SD 10. Thus, we conclude that the Texas
    legislature redrew the boundaries for SD 10 with discriminatory intent./
    /
    /
    So much for avoiding a Department hell-bent on objecting to
    Republican plans and having the opportunity to cross-examine accusers...

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
redistricting <http://electionlawblog.org/?cat=6>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off

    More on the Problem of Local Discretion in Administering Voter ID
    Laws <http://electionlawblog.org/?p=39255>

Posted on August 28, 2012 7:07 pm <http://electionlawblog.org/?p=39255> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Back in July I blogged abou <http://electionlawblog.org/?p=37605>t the 
problem with pollworker discretion when it comes to implementing 
Pennsylvania's voter id law. Under the PA law, pollworkers are allowed 
to accept id's which "substantially conform" to state requirements. I 
suggested this raises questions about due process and subconscious 
partisan tilt, and generally speaking that discretion at the local 
partisan level is really to be avoided if possible.  (In my view, this 
substantial discretion raises serious constitutional issues with Pa.'s 
voter id law wholly apart from other questions.)

Well this same issue has emerged in the South Carolina voter id trial in 
DC, in a fairly dramatic way.  From Pam Fessler's must-read report: 
<http://www.npr.org/blogs/itsallpolitics/2012/08/28/160211106/reasonable-impediment-clause-becomes-focus-of-s-c-voter-id-law-hearing?ft=1&f=1014&sc=tw>

    Some interesting testimony Tuesday in the federal trial over South
    Carolina's new voter ID law
    <http://www.npr.org/blogs/thetwo-way/2012/08/27/160113959/s-carolinas-voter-id-law-challenged-in-federal-court>.

    It came from the state's election director, Marci Andino. She was
    explaining her plans for implementing the law if it gets approved by
    the court, and how poll workers would be instructed to handle a
    controversial provision involving something called "reasonable
    impediment."

    The provision would allow citizens without a valid photo ID to vote
    --- but only if they sign an affidavit saying they had a "reasonable
    impediment" that kept them from getting the proper identification.
    The meaning of "reasonable impediment" is so vague in the law that
    opponents have complained that it's basically meaningless.

    But Andino said it could describe some physical or medical obstacle,
    and could include things such as a lack of transportation to get to
    a motor vehicle office or election office. She also said a voter
    could legitimately use the excuse that he or she didn't have enough
    time to get a photo ID before the election.

    The ballots cast by these individuals would be provisional, but
    Andino said they would eventually be counted --- unless someone
    could show that an individual had lied.

    Essentially, she said it was up to the voter to determine what was a
    "reasonable impediment" and that she was instructing poll managers
    to accept the voter's explanation.

    Members of the three-judge panel in U.S. District Court in
    Washington, D.C., appeared surprised

    Considering there's only a short time before the Nov. 6 election,
    does that mean every South Carolina voter without a photo ID would
    have a "reasonable impediment" getting one, asked U.S. Circuit Judge
    Brett Kavanaugh?

    "Yes, that's possible," Andino replied.

    Pressed by U.S. District Judge John Bates, Andino said that she
    didn't think the law would disenfranchise anyone already legally
    allowed to vote.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
election administration <http://electionlawblog.org/?cat=18>, The Voting 
Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off

    "Texas Redistricting Hits Minorities, Court Rules"
    <http://electionlawblog.org/?p=39252>

Posted on August 28, 2012 4:52 pm <http://electionlawblog.org/?p=39252> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Jess Bravin reports 
<http://online.wsj.com/article/SB10000872396390444230504577617823569923652.html> 
for WSJ.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
redistricting <http://electionlawblog.org/?cat=6>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off

    "Judges Toss Out Texas' New Redistricting Maps"
    <http://electionlawblog.org/?p=39250>

Posted on August 28, 2012 4:51 pm <http://electionlawblog.org/?p=39250> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Carrie Johnson reports 
<http://www.npr.org/2012/08/28/160196041/judges-toss-out-texas-new-redistricting-maps>for 
NPR.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
redistricting <http://electionlawblog.org/?cat=6>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off

    Ari Berman on Today's Texas Redistricting Decision
    <http://electionlawblog.org/?p=39247>

Posted on August 28, 2012 4:42 pm <http://electionlawblog.org/?p=39247> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Here, 
<http://www.thenation.com/blog/169602/federal-court-blocks-discriminatory-texas-redistricting-plan> 
at /The Nation/.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
redistricting <http://electionlawblog.org/?cat=6>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off

    "New D.C. Campaign Finance Reform Would Ban Lobbyist Bundling"
    <http://electionlawblog.org/?p=39244>

Posted on August 28, 2012 4:37 pm <http://electionlawblog.org/?p=39244> 
by Rick Hasen <http://electionlawblog.org/?author=3>

BLT reports 
<http://legaltimes.typepad.com/blt/2012/08/new-dc-campaign-finance-reform-would-ban-lobbyist-bundling.html>.

I've made the argument that a ban on lobbyist bundling is supported by 
the government's interest in promoting economic welfare/minimizing rent 
seeking in this /Stanford Law Review /article. 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1734428>

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<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D39244&title=%E2%80%9CNew%20D.C.%20Campaign%20Finance%20Reform%20Would%20Ban%20Lobbyist%20Bundling%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
lobbying <http://electionlawblog.org/?cat=28> | Comments Off

    "How Americans for Prosperity Will Keep Hiding Donors in Shifting
    Election Landscape, but Retain Tax-Exempt Status"
    <http://electionlawblog.org/?p=39241>

Posted on August 28, 2012 1:10 pm <http://electionlawblog.org/?p=39241> 
by Rick Hasen <http://electionlawblog.org/?author=3>

This item 
<http://www.prwatch.org/news/2012/08/11722/how-americans-prosperity-will-keep-hiding-donors-shifting-election-landscape-reta> 
appears at PR Watch.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22> | Comments Off

    "Husted fires 2 Montgomery County elections officials who defied new
    rules on early voting" <http://electionlawblog.org/?p=39238>

Posted on August 28, 2012 1:00 pm <http://electionlawblog.org/?p=39238> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The latest 
<http://www.toledoblade.com/Politics/2012/08/28/Husted-fires-2-Montgomery-County-elections-officials-who-defied-new-rules-on-early-voting.html>from 
Ohio.

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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> | 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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